HomeMy WebLinkAboutItem No. 09 Amend No. 2 PSA Michael Baker Third St. Drainage Design SvsText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: RES 2014-044
Agenda Date: 9/12/2017 Status: Consent AgendaVersion: 1
File Type: ResolutionIn Control: City Council / Successor Agency
Agenda Number: 9)
Page 1 City of Lake Elsinore Printed on 9/7/2017
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Brad Fagrell, City Engineer
Date:September 12, 2017
Subject:Amendment No. 2 to Professional Services Agreement with Michael Baker
International for Third Street Drainage Design Services
Recommendation
Approve Amendment No. 2 to the Agreement for Professional Services with Michael Baker
International for Third Street Drainage Design Services and authorize the City Manager to
execute the Agreement in the not to exceed amount of $134,250, in substantially the form
attached and in such final form as approved by the City Attorney.
Background
The Project design extends the collection of drainage from the open channel south of Collier
Avenue, northerly along Third Street to Cambern Avenue, then westerly along Cambern
Avenue. This Project is being developed in conjunction with Riverside County Flood Control
and Water Conservation District (RCFC&WCD), who will ultimately maintain the facility.
Discussion
Additional Work Request #4 – Geotechnical Services
Baker’s geotechnical consultant will perform additional geotechnical services in conjunction with
plan review responses from Riverside County Flood Control and Caltrans.
Additional Work Request #5 – EVMWD Utility Relocation Design
Baker to prepare relocation design for public water and sewer utilities in conflict with the
proposed Third Street Storm Drain pipe alignment.
Additional Work Request #6 – Easement Development and Locating
Baker will develop five (5) required legal descriptions for storm drain easements on the project.
They will also provide several additional locations of topography and potholing to be able to tie
into existing facilities.
Additional Work Request #7 – Plan Revisions for Welch Drive Connection
Third Street Drainage Amendment No. 2
September 12, 2017
Page 2 of 2
Baker will prepare revisions to the plans for the extension of the 78” storm drain line on Welch
Drive into Tract 11283 along with any required legal descriptions. This item also covers the
additional utility coordination time required for the all of the various existing utility conflicts that
are present in the project area.
Fiscal Impact
Adequate funds are available within the current project budget. AWR #5 will be reimbursed to
the City by EVMWD.
Exhibits
A – Amendment No. 2
B – Amendment No. 1
C – Original Agreement
1
AMENDMENT NO. 2
TO AGREEMENT FOR PROFESSIONAL SERVICES
MICHAEL BAKER INTERNATIONAL, INC.
Third Street Drainage Improvements, Project No. 4296
PS&E Design Services
This Amendment No. 2 to Agreement for Professional Services (“Amendment No. 2”) is
made and entered into as of September 12, 2017 by and between the City of Lake Elsinore, a
municipal corporation (“City), and Michael Baker International, Inc., a California corporation
(“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional
Services dated as of July 14, 2015 (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
one hundred eighty thousand sixteen dollars ($180,016).
C. Amendment No. 1 to the Original Agreement provided for compensation to
Consultant in an amount of One Hundred Forty Five Thousand Five Hundred Eighty Three Dollars
($145,583).
D. The parties now desire to increase the payment for such services as set forth in
this Amendment No 2
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add
the following:
Consultant shall also perform the services as set forth in the Additional
Work Request Summary(s) attached to this Amendment No. 2.
2. Section 3, Compensation, of the Original Agreement is hereby amended to add
the following:
Compensation to be paid to Consultant shall be in accordance with the
fees set forth in Consultants’ Proposal (Additional Work Request
Summary(s)). In no event shall Consultant’s compensation related to the
Amendment No. 2 exceed One Hundred Thirty Four, Two Hundred Fifty
dollars ($134,250) without additional written authorization from the City.
Notwithstanding any provision of Consultant’s Proposal, and/or the
Additional Work Request Summary(s) to the contrary, out-of-pocket
expenses shall be reimbursed at cost without an inflator or administrative
charge. Payment by City under this Agreement shall not be deemed a
2
waiver of defects, even if such defects were known to the City at the time
of payment.
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
[Signature on next page]
3
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”
Michael Baker International, Inc., a California
corporation
John D. Tanner III, P.E., Vice President
Date:
Attachments:
Exhibit A - Additional Work Request Summary
EXHIBIT A-2
EXHIBIT A
ADDITIONAL WORK REQUEST SUMMARY
[TO BE ATTACHED]
40810 County Center Drive, Suite 200| Temecula, CA 92591
Office: 951.676.8042 | Fax: 951.676.7240
Baker JN: 148215
Request No.: AWR 004, Rev.001
Date: 6/19/2017
ADDITIONAL WORK REQUEST SUMMARY
Client: City of Lake Elsinore
Work Requested By: Brad Fagrell, PE
Summary of Additional Work: ,as follows
To prepare a habitat and jurisdictional assessment and MSHCP Consistency report for the Third
Street Storm Drain located in the City of Lake Elsinore, Riverside County, California.
Task 1 Geotechnical Services
Baker’s geotechnical consultant shall perform geotechnical services in conjunction with plan
review responses from Riverside County reviewers Krieger and Stewart, plan review response
from Caltrans dated May 19, 2016 and additional recommendations requested by Michael Baker
International for RCB, as requested. Also included is a meeting with Caltrans and the civil
engineer.
Office and field services include:
· Conferences/consultations (away from our office)
· Investigation (without equipment) - hand auger
· Report preparation
· Laboratory services
Additional Services: Services which are not specifically identified herein as services to be
performed by Baker or its consultants are considered "Additional Services" for purposes of this
Agreement. Owner may request that Baker perform services which are Additional Services.
However, Baker is not obligated to perform such Additional Services unless an amendment to
this Agreement has been fully executed setting forth the scope, schedule and fee for such
Additional Services. In the event Baker performs Additional Services before receipt of such
executed amendment, Owner acknowledges its obligation to pay for such services at Baker's
standard rates, within 30 days of receipt of Baker's invoice.
Baker JN: 148215 – AWR004
Third Street Storm Drain
June 19, 2017
Page 2
Exclusions
Baker services relating to any of the following tasks may be completed by Baker if negotiated
under a separate contract for an additional fee; but are presently specifically excluded from this
Agreement:
1. Geotechnical investigation;
2. Hazardous wastes;
3. Any other services not specifically set forth in the above Scope of Services.
Estimated Fee for Additional Work:
ITEM WORK TASK FEE
Task 1 Geotechnical Services ................................................................................ $4,900
TOTAL FEE $4,900
The budget amount shown is for authorization purposes only. Should the total of the monthly
billings reach eighty percent (80%) of the budget amount, Owner and Baker will review the status
of the work to determine the need for an increase in the budget amount, and whether additional
budget authorization to complete the project is appropriate.
The fees proposed herein shall apply until November 1, 2017. Due to ever-changing costs, Baker
may increase those portions of the contract fee for which work must still be completed after
November 1, 2017 by ten percent (10%).
Prepared By:
John D. Tanner III, PE
Vice President
Authorized By:
Brad Fagrell, PE
City Engineer
40810 County Center Drive, Suite 200| Temecula, CA 92591
Office: 951.676.8042 | Fax: 951.676.7240
Baker JN: 148215
Request No.: AWR 005, Rev. 001
Date: August 10, 2017
ADDITIONAL WORK REQUEST SUMMARY
Client: City of Lake Elsinore
Work Requested By: Brad Fagrell, PE
Summary of Additional Work: EVMWD Utility Relocation Design
To prepare relocation designs for public water and sewer utilities in conflict with the proposed
Third Street Storm Drain pipe alignment located in the City of Lake Elsinore, Riverside County,
California.
Scope of Work
Task 1 – Meetings & Coordination
Preliminary Design
· Kick-Off Meeting and alternative alignment review with EVMWD.
Final Design
Attend three (3) meetings during the final design phase with EVMWD. It is anticipated that
these meetings will include the following:
· Review meetings at the 50%, 90%, and 100% design stages.
Michael Baker will prepare an agenda and minutes following each meeting.
A maximum of 28 hours have been budgeted for this task. Should the total of the monthly billings
reach eighty percent (80%) of the budget amount, Michael Baker and the City will review the status of
the work to determine the need for an increase in the budget amount, and whether additional budget
authorization to complete the project is appropriate.
Fee: $6,450
Baker JN: 148215 – AWR005, Rev. 001
Third Street Storm Drain
August 10, 2017
Page 2
Task 2 – Preliminary Design
Michael Baker has already completed a thorough research of utilities within the area for both existing
and proposed relocations due to the design of the storm drain improvements. Proposed locations for
dry utilities will also have to be plotted and incorporated into the design improvements. This scope is
specific for the four waterlines (8 and 30-inch waterlines in the 3rd Street right-of-way, 12-inch in Dexter,
12-inch in Cambern), and two sewer lines (6" sewer lateral east of Dexter and 18" sewer main in the
3rd Street right-of-way). We are not certain at this time that the relocation design of the 18" sewer main
will be necessary, but it has been included within this scope of work in order to expedite the design
process in the future.). Potholing has been performed to determine locations of all facilities in the area.
These potholes were completed to determine general vertical and horizontal locations. In order to
create a design for the relocation of these waterlines, additional potholing will be required. At a
minimum, the potholing of connection points and crossings will be performed. Michael Baker will meet
and coordinate pothole locations with the District at the kick-off meeting prior to beginning the work.
Potholing
Michael Baker plans to use Underground Solutions for the pothole investigation. Underground
Solutions will be responsible for notifying USA Dig-Alert. Underground Solutions will utilize a vacuum
dig method to minimize pavement repair and traffic issues. The potholing will only be done if required.
For budgetary purposes, this scope includes twelve (12) potholes. This includes obtaining a no-fee
permit through the City. Additional potholes can be included for an additional fee. This task assumes
that Underground Solutions can utilize accepted methods of lane closure delineation, signage and
barricading as shown in the WATCH manual, and that no specific traffic control plans will be required
by the City.
Michael Baker will provide a field survey to determine the horizontal and vertical location of the object
after the commencement of the potholing. The survey will document the location on a set of survey
notes and provide the information to the design engineer.
The budget amount shown for this task in this agreement assumes that the services described herein
will cover twelve (12) potholes in no more than one (1) separate survey crew move-in over a one (1)
day period (in addition to the initial move-in to mark the proposed pothole positions).
Deliverable: Michael Baker will provide two (2) copies of an alignment exhibit one week prior to the
kick-off meeting.
Fee: $23,260
Task 3 – Final Design
Michael Baker will utilize existing base files compiled during the storm drain analysis design to better
assist the District. These files are limited to the alignment along 3rd Street. Should the proposed
relocations extend outside the 3rd Street boundary, additional topographic aerial mapping, survey, right-
of-way mapping, and utility information will be required.
Design Plans
50% Design
Plan and profile sheets for the water lines will be prepared at a horizontal scale of 1”= 40’ and vertical
scale of 1” = 4’ on D size sheets. Pipeline design will utilize the District’s latest standards and
specifications. Please refer to the anticipated plan sheets shown below assuming the minimum
Baker JN: 148215 – AWR005, Rev. 001
Third Street Storm Drain
August 10, 2017
Page 3
amount of relocation is required (up to 400 LF for the 8-inch, 12-inch and 30-inch pipelines,
respectively).
Sheet No. Sheet Name
1 Title Sheet
2 General Notes and Index
3 Plan and Profile for 30-inch Replacement
4 Plan and Profile for 8-inch Replacement
5 Detail Sheet
Deliverable: Three (3) sets of drawings will be provided to the District for review.
90% Design
Michael Baker will incorporate comments provided at the 50% Review meeting into the 90%
Design Stage. Michael Baker will meet with District staff to review comments for the 90% submittal.
Specifications and Cost Estimate will be provided to the District to review at this time.
Deliverable: Three (3) sets of drawings, specifications and engineer’s opinion of probable
construction cost estimate will be provided to the District for review.
100% Design
Michael Baker will incorporate comments provided at the 90% Review meeting into the 100%
Design Stage. Michael Baker will meet with District staff to review comments for the last submittal.
Specifications and Cost Estimate will be provided to the District to review at this time.
Deliverable: Three (3) sets of drawings, specifications and engineer’s opinion of probable
construction cost estimate will be provided to the District for review.
Final Bid Mylars, Specifications, and Cost Estimate
Michael Baker will incorporate comments at the 90% design level into a final design package. This
includes final construction drawings, specifications and a detailed engineer's opinion of probable
construction cost estimate in accordance with District requirements.
Deliverable: The final submittal will include signature mylars to be incorporated into the City’s plan
set. Written documentation will be prepared in Microsoft Word, tabularized material
and estimates shall be prepared in Microsoft Excel, and construction drawings will be
submitted in AutoCAD, Version 2013.
Fee: $39,720
Baker JN: 148215 – AWR005, Rev. 001
Third Street Storm Drain
August 10, 2017
Page 4
Exclusions
The following are excluded per this scope and fee but can be provided as an additional service with an
additional fee:
· Retaining wall design
· Geotechnical Studies
· Easement documents
· Survey including existing easements and right-of-ways
· Construction Management
· Permit fees (unless otherwise noted)
· Traffic Control Plans
· Bidding and Construction Phase Support
The budget amount shown is for authorization purposes only. Should the total of the monthly
billings reach eighty percent (80%) of the budget amount, Owner and Baker will review the status
of the work to determine the need for an increase in the budget amount, and whether additional
budget authorization to complete the project is appropriate.
The fees proposed herein shall apply until December 1st, 2017. Due to ever-changing costs,
Baker may increase those portions of the contract fee for which work must still be completed after
December 1st, 2017 by ten percent (10%).
Prepared By:
John D. Tanner III, PE
Temecula Office Manager
Authorized By:
Brad Fagrell, PE
City Engineer
TotalDirect/Repro TotalPrincipal QA/QC Project Designer/ Licensed 1-Person Estimated Labor Subcontract EstimatedManager Drafter Surveyor Survey HoursCostCostsFee280.00$ 250.00$ 220.00$ 160.00$ 200.00$ 170.00$ TASK 1 - Meetings, Project ManagementProject Meetings (4)20204,400.00$ 250.00$ 4,650.00$ Coordination, Project Management881,760.00$ 40.00$ 1,800.00$ SUBTOTAL AMOUNT:0028000286,160.00$ 290.00$ 6,450.00$ TASK 2 - Preliminary DesignAlignment Exhibit424284,720.00$ 100.00$ 4,820.00$ Potholing Services*1424124458,050.00$ 10,390.00$ 18,440.00$ SUBTOTAL AMOUNT:018481247312,770.00$ 10,490.00$ 23,260.00$ TASK 3 - Final Design50% Plans, Specs, and Cost Estimate 1116688614,930.00$ 500.00$ 15,430.00$ 90% Plans, Specs, and Cost Estimate 1112486210,850.00$ 750.00$ 11,600.00$ 100% Plans, Specs, and Cost Estimate 111040529,130.00$ 750.00$ 9,880.00$ Final Plans, Specs, and Cost Estimate 11824346,130.00$ 1,000.00$ 7,130.00$ SUBTOTAL AMOUNT:44461800020041,040.00$ 3,000.00$ 44,040.00$ 458222812430159,970.00$ 13,780.00$ 73,750.00$ *It is assumed that this is a prevailing wage project. Survey and Potholing field tasks will reflect this wage with a 15% markupPROJECT TOTALSFEE PROPOSALApproximate Person Hours3rd Street Pipeline RelocationH:\pdata\148215\Admin\Proposal\1. In Progress\Additional Services\Water Relocation\Fee Water Relocation.xlsx
40810 County Center Drive, Suite 200| Temecula, CA 92591
Office: 951.676.8042 | Fax: 951.676.7240
Baker JN: 148215
Request No.: AWR 006, Rev. 001
Date: August 10, 2017
ADDITIONAL WORK REQUEST SUMMARY
Client: City of Lake Elsinore
Work Requested By: Brad Fagrell, PE
Summary of Additional Work: ,as follows
TASK 1 PRELIMINARY TITLE REPORTS
Baker shall obtain Preliminary Title Reports for 5 additional parcels to be used in order to obtain
easements from existing home owners.
TASK 2 LEGAL DESCRIPTIONS
Consultant shall prepare an additional 5 legal description documents and corresponding plat
exhibits for the proposed storm drain easement for the project. The property lines used as
controlling lines for the easement location will be calculated from record information. Consultant
shall also prepare traverse closure reports to verify proper geometric figure closure within required
tolerances and to determine area inside the perimeter of the land described.
It is assumed that the preparation of conveyance documents (deeds), performance of title work,
acquisition and recording services, or government processing will be the responsibility of the local
agency, the Client, or other legal parties.
Client shall pay any governmental fees associated with this work.
TASK 3 FIELD TOPOGRAPHIC SURVEY
Consultant shall collect additional topographic information at the north end of Welsh Drive to tie
in the interim condition for phase 3. Location of existing ground and above ground utilities Is the
goal of this survey.
Baker JN: 148215 – AWR006, Rev. 001
Third Street Storm Drain
August 10, 2017
Page 2
TASK 4 POTHOLE SURVEY
Michael Baker plans to use Underground Solutions for the pothole investigation. Underground
Solutions will be responsible for notifying USA Dig-Alert. Underground Solutions will utilize a vacuum
dig method to minimize pavement repair and traffic issues. The potholing will only be done if required.
For budgetary purposes, this scope includes fifteen (15) potholes. This includes obtaining a no-fee
permit through the City. Additional potholes can be included for an additional fee. This task assumes
that Underground Solutions can utilize accepted methods of lane closure delineation, signage and
barricading as shown in the WATCH manual, and that no specific traffic control plans will be required
by the City.
Michael Baker will provide a field survey to determine the horizontal and vertical location of the object
after the commencement of the potholing. The survey will document the location on a set of survey
notes and provide the information to the design engineer.
The budget amount shown for this task in this agreement assumes that the services described herein
will cover sixteen (16) potholes in no more than one (1) separate survey crew move-in over a one (1)
day period (in addition to the initial move-in to mark the proposed pothole positions).
This task is to acquire the pothole information only. If the pothole data necessitates changes to the
design, that work will be covered under a separate contract.
Additional Services:
Services which are not specifically identified herein as services to be performed by Baker or its
consultants are considered "Additional Services" for purposes of this Agreement. Owner may
request that Baker perform services which are Additional Services.
However, Baker is not obligated to perform such Additional Services unless an amendment to
this Agreement has been fully executed setting forth the scope, schedule and fee for such
Additional Services. In the event Baker performs Additional Services before receipt of such
executed amendment, Owner acknowledges its obligation to pay for such services at Baker's
standard rates, within 30 days of receipt of Baker's invoice.
Baker JN: 148215 – AWR006, Rev. 001
Third Street Storm Drain
August 10, 2017
Page 3
The budget amount shown is for authorization purposes only. Should the total of the monthly
billings reach eighty percent (80%) of the budget amount, Owner and Baker will review the status
of the work to determine the need for an increase in the budget amount, and whether additional
budget authorization to complete the project is appropriate.
The fees proposed herein shall apply until December 1st, 2017. Due to ever-changing costs,
Baker may increase those portions of the contract fee for which work must still be completed after
December 1st, 2017 by ten percent (10%).
Prepared By:
John D. Tanner III, PE
Temecula Office Manager
Authorized By:
Brad Fagrell, PE
City Engineer
TotalDirect/Repro TotalPrincipal QA/QC Project Designer/ Licensed 1-Person Estimated Labor Subcontract EstimatedManager Drafter Surveyor Survey HoursCostCostsFee280.00$ 250.00$ 220.00$ 160.00$ 200.00$ 170.00$ TASK 1 - Title Reports Obtain Title Reports (5 total)0551,000.00$ 4,250.00$ 5,250.00$ 00-$ -$ -$ SUBTOTAL AMOUNT:00005051,000.00$ 4,250.00$ 5,250.00$ TASK 2 - Legal DescriptionsPrepare legals and plats (5 total)820284,960.00$ 100.00$ 5,060.00$ 0-$ -$ -$ SUBTOTAL AMOUNT:0082000284,960.00$ 100.00$ 5,060.00$ TASK 3 - Field Topographic SurveyPothole LocationsField Survey228122,080.00$ 100.00$ 2,180.00$ 0-$ -$ SUBTOTAL AMOUNT:000228122,080.00$ 100.00$ 2,180.00$ TASK 4 - Pothole LocationsPotholing Services*210122,040.00$ 12,970.00$ 15,010.00$ Pothole locations228122,080.00$ 100.00$ 2,180.00$ SUBTOTAL AMOUNT:0021228244,120.00$ 13,070.00$ 17,190.00$ PROJECT TOTALS0010349166912,160.00$ 17,520.00$ 29,680.00$ *It is assumed that this is a prevailing wage project. Survey and Potholing field tasks will reflect this wage with a 15% markupFEE PROPOSALApproximate Person Hours3rd Street AWR 06H:\pdata\148215\Admin\Proposal\1. In Progress\148215awr006.xlsx
40810 County Center, Suite 200 | Temecula, CA 92591
Office: 951.676.8042 | Fax: 951.676.7240
Baker JN: 148215
Request No.: 007
Date: May 24, 2017
ADDITIONAL WORK REQUEST SUMMARY
Client: City of Lake Elsinore
Work Requested By: Brad Fagrell
Summary of Additional Work:
TASK 1 STORM DRAIN PLAN REVISIONS FOR WELCH DRIVE
Consultant shall revise the design at the upstream end of the drainage improvements for Stage 3
in accordance with the requirements and criteria of the City of Lake Elsinore and RCFC&WCD.
Revisions will show the extension of the 78” storm drain line in Welch Drive to the property north
of Tract 11283. Design will include a temporary inlet and desilting basin to capture flows from the
upstream watershed.
Deliverables shall include:
· One additional plan and profile sheet showing the storm drain extension and inlet.-
($2,900)
· One additional plan sheet showing the limits of grading, grading details of the inlet basin,
including slope grades, horizontal control and access easements. – ($4,750)
· Revision to the WSPG model, as required to show the extended hydraulic grade line. –
($1,550)
TASK 2 LEGAL DESCRIPTIONS
Consultant shall prepare up to 3 additional legal description documents and corresponding plat
exhibits for the following proposed storm drain easements required for this portion of the project.
1. One (1) Temporary Construction Easement (TCE).
2. One (1) Storm Drain Easement to Riverside County Flood Control District (RCFCD).
3. One (1) Inlet basin easement to the city of Lake Elsinore.
The property lines used as controlling lines for the easement location will be calculated from
record information. Consultant shall also prepare traverse closure reports to verify proper
geometric figure closure within required tolerances and to determine area inside the perimeter of
the land described.
It is assumed that the preparation of conveyance documents (deeds), performance of title work,
acquisition and recording services, or government processing will be the responsibility of the local
agency, the Client, or other legal parties. Client shall pay any governmental fees associated with
this work.
Baker JN: 148215
Project Name: 3rd Street Storm Drain
Date: 5/24/17
Page 2
TASK 3 ADDITIONAL UTILITY COORDINATION
Consultant shall coordinate with the utility company contacts regarding the proposed storm drain
improvement impacts to their facilities. The utility company will be responsible for relocation plan
preparation and the City will be responsible for negotiating cost responsibilities with the utility
company. Consultant will transmit initial and final plans to the affected utility companies
requesting them to contact the City to coordinate any adjustments and relocations. Consultant
will copy the City on all correspondence.
All new dry utility facilities will be designed by the dry utility agencies or companies as a part of
the overall dry utility coordination and design process.
Dry utility companies (including any fuel and oil lines) will perform design work with their own
forces in preparing final utility relocation plans. In addition, it has been assumed that the utility
companies will be responsible for preparation of legal descriptions and exhibits for any interim
utility relocations requiring temporary easements. No preparation of legal descriptions and
exhibits for new or revised utility easements is assumed for this task.
All utility appurtenance relocation and adjustment work will be coordinated with the dry utility
companies, and all utility appurtenance relocation and adjustment work will be constructed by the
specific utility company’s work forces. All costs for utility appurtenance relocation and adjustment
work will be paid by the City as a direct bill from the utility company.
A budget of 24 hours has been budgeted for this task.
TASK 4 PROJECT COORDINATION & MEETING ATTENDANCE
Consultant shall attend regularly scheduled meetings with City and Government Agencies to
review the progress of the work included within this contract and to provide consulting services.
A maximum of 40 hours are included within this Scope of Work. Additional meetings and
consulting services will be performed, if required, on an hourly basis for an additional fee.
Additional Services: Services which are not specifically identified herein as services to be
performed by Baker or its consultants are considered "Additional Services" for purposes of this
Agreement. Owner may request that Baker perform services which are Additional Services.
However, Baker is not obligated to perform such Additional Services unless an amendment to
this Agreement has been fully executed setting forth the scope, schedule and fee for such
Additional Services. In the event Baker performs Additional Services before receipt of such
executed amendment, Owner acknowledges its obligation to pay for such services at Baker's
standard rates, within 30 days of receipt of Baker's invoice.
Baker JN: 148215
Project Name: 3rd Street Storm Drain
Date: 5/24/17
Page 3
COMPENSATION
Client agrees to compensate Consultant for such services as follows:
Consultant shall complete the work outlined above in accordance with the fee schedule identified
below and shall invoice Client on a monthly basis based on the percentage of completion.
ITEM WORK TASK FEE
Task 1 Storm Drain Plan Revisions for Welch Drive ............................................... $9,200
Task 2 Legal Descriptions ........................................................................................ 3,600
Task 3 Additional Utility Coordination ....................................................................... 4,920
Task 4 * Project Coordination & Meeting Attendance .................................................. 8,200
Total Fee $25,920
* The budget amount shown is for authorization purposes only. Should the total of the
monthly billings reach eighty percent (80%) of the budget amount, Owner and Baker will review
the status of the work to determine the need for an increase in the budget amount, and whether
additional budget authorization to complete the project is appropriate.
The fees proposed herein shall apply until September 1, 2017. Due to ever-changing costs, Baker
may increase those portions of the contract fee for which work must still be completed after
September 1, 2017 by ten percent (10%).
Prepared By:
John Tanner, Vice President
Michael Baker International
Authorized By:
Brad Fagrell, City Engineer
City of Lake Elsinore
CITY OF
LADE LSINOR.,E
DREAM EXTREME
May 17, 2016
Michael Baker International
Attn: Mr. John Tanner III, PE
40810 County Center Drive, Suite 1000
Temecula, CA 92591
RE: PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
Dear Mr. Tanner:
Enclosed for your files, please find your copy of the Professional Services
Agreement Amendment No. 1 for the Third Street Drainage Improvements,
Project No. 4296 PS&E Design Services.
Please do not hesitate to give this office a call, should you have any questions.
Sincerely,
Susan M. Domen, MMC
City Clerk
Enclosures
Cc: Public Works Department
951.674.3124
130 S MAIN STREET
LAKE ELSINORE, CA 92530
WWW. LAKE -E LSINORE.ORG
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
MICHAEL BAKER INTERNATIONAL, INC.
Third Street Drainage Improvements, Project No. 4296
PS&E Design Services
This Amendment No. 1 to Agreement for Professional Services ("Amendment No. 1") is
made and entered into as of April 26, 2016 by and between the City of Lake Elsinore, a municipal
corporation ("City), and Michael Baker International, Inc., a California corporation ("Consultant").
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional
Services dated as of July 14, 2015 (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
one hundred eighty thousand sixteen dollars ($180,016).
C. The parties now desire to increase the scope of work and payment for such
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 1, Scope of Services, of the Original Agreement is hereby amended to add
the following:
Consultant shall also perform the services as set forth in the Additional
Work Request Summary attached to this Amendment No. 1, identified as
"A. Scope of Services for Storm Drain Extension — Stage 2" and "B. Scope
of Services for Storm Drain Extension — Stage 3".
2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its
entirety as follows:
Compensation to be paid to Consultant shall be in accordance with the
fees set forth in Consultants' Proposal (Additional Work Request
Summary). In no event shall Consultant's compensation related to the
Original Agreement and Amendment No. 1 exceed Three Hundred Twenty
Five, Five Hundred Ninety Nine dollars ($325,599) without additional
written authorization from the City.
Notwithstanding any provision of Consultant's Proposal, and/or the
Additional Work Request Summary to the contrary, out-of-pocket
expenses 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.
[Signature on next page]
IN
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
Z
Grant Y2�1; City Manager
Date: s
ATTEST:
City Clerk
APPROVED AS TO FORM:
rney
"CONSULTANT"
Michael Baker International, Inc., a California
corporation
,(oh . Tanner III, P.E., Vice President
Date:
Attachments: Exhibit A - Additional Work Request Summary
Exhibit B — Original Agreement
3
EXHIBIT A
ADDITIONAL WORK REQUEST SUMMARY
[TO BE ATTACHED]
EXHIBIT A-2
INTERNATIONAL
We Make a Difference
BakerJN: 148215
Request No.: 1
Date: April 12, 2016
ADDITIONAL WORK REQUEST SUMMARY
Client: City of Lake Elsinore
Work Requested By: Steve Loriso P.E.
Summary of Additional Work: Additional Services for Third Street Drainage
Improvements, Project No. 4296 (referred herein as Stage 2) that includes Project
Coordination and Meeting Attendance, and structural engineering services for a new
Reinforced Concrete Box Transition structure. The preliminary design prepared by others
proposed an open channel system between Collier Avenue and Interstate 15, but this
design has been replaced with a 10' W x 5' H RCB requiring a transition structure to
connect to existing double 14'W x 4.5' H RCB at Collier Avenue.
Separately and at City's request, we are providing under this addendum additional PS&E
Design services for the extension of the Stage 2 drainage improvements, and referred
hereon as Stage 3. The alignment of said improvements will continue on 3rd Street
starting at Cambern Avenue to Conard Avenue; and from Conard Avenue to the street
intersection of Welch Drive for approximately 1900 lineal feet of 78 -inch to 72 -inch RCP.
However, if needed and at City's and/or Districts request the drainage improvements may
extend to the end of Welch Drive, approximately 480 lineal feet and provided as an
optional task under this addendum.
A. SCOPE OF SERVICES FOR THIRD STREET STORM DRAIN — STAGE 2
Third Street Storm Drain alignment along 3rd Street with reach between Collier Avenue
and Cambern Avenue is being referred herein as Stage 2, and the same alignment as
described under the executed agreement for the Third Street Drainage Improvements,
Project No. 4296 PS&E Design Services dated August 13, 2015.
TASK 17 PROJECT COORDINATION & MEETING ATTENDANCE
This task is same as original and executed agreement's task 17. Additional hours are being
requested for Consultant to attend regularly scheduled meetings with City and Government
Agencies to review the progress of the work included within this contract and to provide consulting
services. A maximum of 30 hours are included within this Scope of Work. Additional meetings
and consulting services will be performed, if required, on an hourly basis for an additional fee.
MBAKERINTL.COM 40810 County Center, Suite zoo 1 Temecula, CA 92591
Office: 951.676 80421 Fax: 951.676 7240
Baker JN: 148215
Project Name: 3rd Street Storm Drain
Date: 4/06/2016
Page 2
TASK 20 STRUCTURAL ENGINEERING SERVICES
This additional scope is for structural engineering services for the design of a new 10' (W) x 5' (H)
to double 14' (W) x 4.5' reinforced concrete box transition structure. The transition structure will
connect the proposed 10' (W) x 5' (H) reinforced concrete box to the existing double 14' (W) x
4.5' (H) at Collier Avenue.
Fees under this task will be applied to the remaining budget under the original agreement Task
11 of $4,947 and to the remaining budget under Task 12 of $6,847 for a combined budget of
$11,794. The remainder between the combined budget of $11,794 and the fees under this task
will be used to supplement the additional services.
TASK 20.1 RESEARCH & COORDINATION
Michael Baker structural engineer(s) will coordinate with project civil and geotechnical engineers
to determine the design parameters affecting the structural design of the RCB and transition
structure at STA 22+46 to STA 22+96. In general, the structure will transition from the existing
double 14'(W) x 4.5'(H) RCB to a single 10' (W) x 5' (H) RCB.
Attendance at one meeting (kickoff) is budgeted for this task. Other verbal coordination
will be via telephone conferences.
Geotechnical Report prepared by others for the project shall include:
a) Active and At -Rest Earth pressures used for the design of unrestrained walls and box type
structure considering natural and select backfill soil type.
b) Allowable Bearing Pressure for foundations.
c) Allowable Friction between soil and foundation.
d) Allowable Passive resistance of soil and reductions (if required) when used in combination
with friction resistance.
e) Ground Water Elevation and potential need for dewatering.
f) Sulphate and Chloride concentrations in the soil along with recommendations of concrete
types and water/cement ratios to resist chemical attack on concrete and metals.
g) Subgrade modulus of elasticity for use with box and channel design.
h) Recommendations for excavation, backfill, subdrainage and dewatering(where ground
water is present)
TASK 20.2 STRUCTURAL DRAWINGS
Michael Baker Structural Engineers will prepare AutoCad drafted structural sections and details
associated with RCB Transition Structure.
Anticipated Structural Drawings:
S-1 Structure Excavation and Backfill Details
S-2 Transition Structure Layout and Sections
S-3 Reinforcing Details
S-4 Miscellaneous Details
MBAKERINTL.COM
Baker JN: 148215
Project Name: 3rd Street Storm Drain
Date: 4/06/2016
Page 3
TASK 20.3 STRUCTURAL CALCULATIONS
RBF will prepare structural design calculations for the specific RCB transition structure mentioned
above using ACI Design criteria. It is assumed this project does not require the use of U.S. Army
Corps of Engineers (USACE) design criteria.
Calculations will utilize in-house computer programs for analysis and be in a format to be checked
by the City of Lake Elsinore. Michael Baker will respond to City plan check comments as a part
of this task.
TASK 20.4 SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS
Provide red -marks for Special Provisions to Green book Specs and Riverside County
Flood Control specifications relating to all structural elements within the scope provided
above.
TASK 20.5 ENGINEERS ESTIMATE OF QUANTITIES & CONSTRUCTION COSTS
Michael Baker structural engineering department will prepare an engineer's estimate of quantities
and construction cost for the RCB Transitions structural sections indicated on the structural
details.
B. SCOPE OF SERVICES FOR THIRD STREET STORM DRAIN — STAGE 3
PS&E Design Services for Stage 3 of Third Street Drainage Improvements. Drainage
improvements shall start from the terminus point of the Stage 2 storm drain pipe at the
street intersection of V Street and Cambern Avenue and extend easterly to Conard
Avenue, then north on Conard Avenue to its terminus point at the street intersection with
Welch Drive, approximately 1900 lineal feet of 78 -inch to 72 -inch RCP. However, if
needed and at City's and/or Districts request the drainage improvements may extend to
the end of Welch Drive, approximately 480 lineal feet and provided as an optional task
under this addendum.
TASK 21 RESEARCH AND INVESTIGATION
Consultant shall complete research and investigation of existing and future constraints and
opportunities affecting the Project Site, including the following:
• Research and investigation of existing and proposed major utilities within the Project
Site.
• Identification of requirements, jurisdictional agencies, and utility districts involved
relative to the Project.
• Review of existing improvement plans affecting the Project including, street and storm
drain.
• Plot existing utilities on the basemap in Autocad, as described in a later task, herein.
MBAKERINTL.COM
Baker JN: 148215
Project Name: 3rd Street Storm Drain
Date: 4/06/2016
Page 4
A total of twenty hours (20) have been budgeted for this task. Additional research and
investigation services will be performed, if required, on an hourly basis for an additional fee.
TASK 22 AERIAL_ TOPOGRAPHIC MAPPING
Consultant shall prepare an Aerial Topographic Map of the project site, at a scale of 1 "=40', with
one foot contour intervals. The work shall include:
• Preparation of a flight plan and layout of ground control targets;
• Field surveying services to set ground control panels and survey their precise positions
on the appropriate coordinate system basis;
• Aerial photogrammetric services;
• Compilation of plannimetric and topographic features from controlled stereo pair
photographs to digital medium;
• Perform field survey check profile observations and office analysis of said observations to
check ground truth of the compiled map within accepted standards.
TASK 23 RECORD DATA MAP PREPARATION
In order to include and plot the record position of the project boundary in approximate orientation
with a specific coordinate system, compiled aerial topographic base data or other overlay
features, Consultant shall perform the following tasks:
• Perform research of the available public records via on-line services to obtain maps
and other items that affect the boundary location of the property;
• Prepare a preliminary record data map to be used by the field survey crew to search
for a sampling of boundary monuments;
• Perform a field survey of said monuments in order to establish orientation of the record
survey data in relation to the coordinate system used in the topographic mapping;
• Plot the record boundary lines on the aerial base map, with the understanding of the
City that said record boundary is NOT the result of a comprehensive boundary survey
and analysis, and that it's orientation may disagree substantially from the position
determined by a full boundary survey and analysis;
• The budget for this scope of work is based upon an assumption that adequate and
accessible boundary monumentation exists in the immediate project vicinity to control
this record data survey.
Any cost associated with the preparation and processing of a Record of Survey Map, if one
becomes necessary as a legal requirement, shall be covered by the City.
MBAKERINTL.COM
Baker JN: 148215
Project Name: 311 Street Storm Drain
Date: 4/06/2016
Page 5
TASK 24 ADDITIONAL FIELD SURVEYING
Consultant shall perform a field survey of the project site to facilitate engineering design. The
workflow is as follows:
Perform the following: Field survey to locate items affecting design; office
downloading, reduction and quality control of the digital survey data; and data
conversion to CAD data base and mapping for integration with engineering design
base plans;
• Archive survey field notes.
The location of the following ground surface and/or visible underground items is the primary target
of this survey:
• Existing storm drain system;
• Water meters;
• Manholes;
• Electrical and other above ground dry utility items;
• Sewer cleanouts (if any);
• Driveways;
• Other items affecting design that are not shown on the aerial topographic base map
due to dense vegetation.
The following items are specifically not required and not included in this survey.
• Street cross section's;
• Item outside of the public street easement right-of-way.
TASK 25 GEOTECHNICAL INVESTIGATION
Consultant has included Aragon Geotechnical on the project team to perform a geotechnical
investigation of the project site to facilitate engineering design. The workflow is as follows:
Drill 4 soil borings (total) at representative sites. Data from a fifth boring drilled in August
2015 by AGI near Cambern Avenue and Third Street will be reproduced and included in the
Stage 3 report. The new holes would be spaced an average of 500 apart along the extended
pipe alignment. Actual borehole spacing may vary, mostly to obtain targeted explorations of
possibly unfavorable soils identified from preliminary geologic analyses. Soil borings will be
terminated no less than 10 feet below known or assumed invert elevations, or stated refusal.
A standard truck -mounted hollow- stem auger drill rig will be the fastest tool that will help
shorten disruptions to the expected minimal rural traffic.
All borings will be located coincident with the pipe or culvert centerline when feasible, as
determined by tape measurements from existing street improvements and map interpolations
— surveyed locations are not proposed. AGI will provide temporary traffic warning signs and
diversion utilizing delineators in all public street rights-of-way. AGI assumes a traffic control
plan will not be required for these mostly unimproved roads. All work is proposed for normal
daylight hours. It is believed the 4 soil borings can be completed in a half-day rig appointment.
MBAKERINTL.COM
Baker JN: 148215
Project Name: V Street Storm Drain
Date: 4/06/2016
Page 6
• Representative bulk soil samples and ring -lined barrel samples will be recovered from the
borings where feasible. We will normally attemptto retrieve a barrel sample from conduit invert
elevation, with additional drive samples both above and below invert at maximum intervals of
5 feet. Standard Penetration Tests may be substituted for ring- lined barrel samples in hard or
cemented soils below invert. The soil borings will be continuously logged by an experienced
Engineering Geologist. The pavement structural section encountered at two likely drill sites
in Conard Avenue will be field- measured to the nearest quarter -inch and recorded on the drill
logs. The borings will be backfilled with compacted soil cuttings and (where needed) surfaced
with cold- patch asphalt in accordance with City policies.
• Rippability evaluations based on seismic refraction line spreads should not be needed.
Interpretations of machine performance for large excavating equipment will preliminarily be
based on drilling rates and sample quality.
• Assignment of laboratory tests for recovered samples. We have budgeted for a total of
approximately 24 water content — dry density determinations, 2 maximum density- optimum
water content relationships, 3 "undisturbed" and 1 remolded shear strength determinations, 2
gradation (sieve) analyses (one accompanied by a hydrometer analysis to ascertain clay
proportion), 2 sand equivalent tests, up to 2 consolidation/collapse tests, and 1 soil corrosivity
suite comprising soluble sulfate, soluble chloride, soil pH, and minimum resistivity tests (the
suite performed by the Riverside firm of E.S. Babcock & Sons). The actual laboratory testing
will be tailored to the subsoil conditions encountered during the field exploration.
• An engineering geology evaluation will begin before siting borings, and conclude after the
drilling with interpretations of materials origin and performance characteristics based on in
situ and laboratory test results. We will review Riverside County hazard maps, regional -scale
soil and bedrock geology maps, and nearby well data if available. Generally, the findings
and interpretations of the 2015 Stage 2 report should be adequate and may be recycled in
part or in whole. The Stage 3 report will include a comprehensive engineering geologic
overview describing the regional and local geologic setting, geologic hazard potentials
(faulting, land sliding, liquefaction), and the local groundwater regime.
• Prepare a comprehensive written report that will document the investigation findings,
conclusions, opinions, and recommendations. Report subsections will detail findings and
design/construction criteria specifically enumerated on page 2 of our accompanying proposal
letter. Four bound client copies will include appendices with graphical boring logs,
summaries of laboratory test standards and our obtained results, and alignment exhibits
depicting surface geology and soil boring locations. Ideally, the alignment base maps will be
scaled plan -and -profile drawings with surface elevation contours.
• Schedule: AGI affirms that the completed draft report with all attachments and
appendices noted above should be available 28 calendar days after completion of field
drilling. AGI will obtain a Lake Elsinore Department of Public Works encroachment permit for
the soil borings, but assumes permit fees will be waived for City projects. Equipment
scheduling and City permit procurement may take up to 10 business days afterfinalizing a
Consultant Services Agreement. AGI will wait on field work until all permits are in hand.
MBAKERINTL.COM
Baker JN: 148215
Project Name: 3rd Street Storm Drain
Date: 4/06/2016
Page 7
HYDROLOGY AND HYDRAULIC DESIGN REPORT
Consultant will utilize the Drainage Report prepared for City's Storm Drainage Improvements,
Project No. 4296, being considered herein as Riverside County Flood Control District's Third
Street Storm Drain Zone 3 Stage 2 (or Stage 2) and shall prepare a supplement Hydrology and
Hydraulic Design Report for Stage 3 drainage improvements. The hydrology analysis and report
for the local watershed shall use the Synthetic Unit Hydrograph (SUH) method as outlined in the
Riverside County Hydrology Manual. The MDP (Master Drainage Plan) storm drain system shall
be designed such that the 100 -year peak flows are fully contained in the system. Consultant shall
perform the necessary catch basin hydrology and street capacity calculations to determine if
additional catch basin or inlet locations are required to flood -protect adjacent properties.
If inlet structures are required, they shall be located within the public right of way and shall be
designed according to City/County standards. All inlets shall be designed to capture their 100 -
year tributary drainage area flows and convey the storm flows to the mainline through connector
pipes.
A water surface profile reflecting the various junctions and transitions will be prepared to verify
the storm drain design and size/capacity. Friction losses shall be calculated by an accepted form
of the Manning's equation. Hydraulic calculations using WSPG shall be performed by Consultant
to model the proposed storm drain to establish the controlling water surface elevation for the
design.
Consultant shall document analyses and design with calculation sheets or computerized
hydrology/hydraulic analyses using City/District approved software. All process information and
results shall be presented in a Hydrology and Hydraulics Report and presented to the City for
review.
TASK 27 UTILITY COORDINATION
Consultant shall coordinate with the utility company contacts regarding the proposed storm drain
improvement impacts to their facilities. This will include the consultant providing reference plans
to the utility companies/agencies for planning their relocation activities. The utility company will
be responsible for relocation plan preparation and the City will be responsible for negotiating cost
responsibilities with the utility company. Consultant will transmit initial and final plans to the
affected utility companies requesting them to contact the City to coordinate any adjustments and
relocations. Consultant will copy the City on all correspondence.
If required, Consultant will hire a Dry Utility Consultant who will be responsible for coordinating
technical design issues with the utility company, review utility relocation agreements to provide
input and comment from a technical design standpoint, and assisting in schedule management
between the City and utility company as it relates to the overall design schedule. This is executed,
if required, for an additional fee.
All new dry utility facilities will be designed by the dry utility agencies or companies as a part of
the overall dry utility coordination and design process.
Dry utility companies (including any fuel and oil lines) will perform design work with their own
farces in preparing final utility relocation plans. In addition, it has been assumed that the utility
MBAKERINTL.COM
Baker JN: 148215
Project Name: 3rd Street Storm Drain
Date: 4/06/2016
Page 8
companies will be responsible for preparation of legal descriptions and exhibits for any interim
utility relocations requiring temporary easements. No preparation of legal descriptions and
exhibits for new or revised utility easements is assumed for this task.
All utility appurtenance relocation and adjustment work will be coordinated with the dry utility
companies, and all utility appurtenance relocation and adjustment work will be constructed by the
specific utility company's work forces. All costs for utility appurtenance relocation and adjustment
work will be paid by the City as a direct bill from the utility company.
A budget of 24 hours has been budgeted for this task.
TASK 28 STORM DRAIN PLANS
Consultant shall prepare and design City/ Riverside County Flood Control's Zone 3 Third Street
Storm Dain Stage 3 (referred herein as stage 3) and is considered an extension to the District's
stage 2 storm drain improvements. Note that Design services for Stage 2 is provided under Third
Street Drainage Improvements, Project No. 4296. Stage 3 plans shall be prepared in accordance
with the requirements and criteria of the City of Lake Elsinore and RCFC&WCD. Storm Drain
Improvements are approximately 1,900 LF of 78 -inch to 72 -inch RCP and will start at the
intersection of 3rd Street and Cambern Avenue, extend westerly to Conard Avenue, then travel
north on Conard to terminate at or near the intersection of Conard Avenue and Welch Drive.
However, if needed and at City's and/or Districts request the drainage improvements may extend
to the end of Welch Drive, approximately 480 lineal feet but shall be provided as an optional task.
Any engineering services related to preparation of additional improvement plans for offsite storm
drain extensions, pump stations, structural details, curb and gutter improvements, interim basin
grading at inlets, or other major facilities are not anticipated to be required and therefore, not
included within this scope.
TASK 29 STORM DRAIN PLANS FOR WELCH DRIVE OPTIONAL
Consultant shall prepare and design the Drainage Improvements for Stage 3 in accordance with
the requirements and criteria of the City of Lake Elsinore and RCFC&WCD. Storm Drain
improvements will start at the street intersection of Conard and extend to the end of Welch Drive
for approximately 480 lineal feet.
Any engineering services related to preparation of additional improvement plans for offsite storm
drain extensions, pump stations, structural details, curb and gutter improvements, interim basin
grading at inlets, or other major facilities are not anticipated to be required and therefore, not
included within this scope.
TASK 30 TECHNICAL SPECIFICATIONS
Consultant shall develop technical specifications as special provisions in conformance with City's
or RCFC&WCD format. This scope of work shall include the preparation of the technical
specifications as referenced to the latest edition of the "Greenbook" Standard Specifications for
Public Works Construction.
MBAKERINTL.COM
Baker JN: 148215
Project Name: 3rd Street Storm Drain
Date: 4/06/2016
Page 9
TASK 31 ENGINEER'S COST ESTIMATES
Consultant will prepare a final estimate of construction quantities and costs based upon the
approved finaldrawings utilizing the current edition of the Caltrans Contract Cost Data book and
recent construction bid information. The specific construction items will be verified with
contractors and up-to-date construction management cost data to account for current cost
increases and material cost trends. The final detailed engineer's estimate of the project costs will
be structured per City's format.
Consultant makes no representations concerning the estimated quantities and cost figures made
in connection with maps, plans, specifications, or drawings other than that all such figures are
estimates only, and Consultant shall not be responsible for fluctuations in cost factors.
TASK 32 PLANS SPECIFICATIONS. AND ESTIMATE SUBMITTAL
Consultant shall print, compile and process the completed plans through the agency for the
purpose of securing approvals and permits. The plans will be submitted at the 60%, 90%, and
the 100% level.
TASK 33 PLAN CHECK REVISIONS/APPROVALS/LOCAL AGENCY PERMITS
Consultant shall coordinate plan check revisions and process the completed/revised plans forthe
purpose of securing appropriate approvals and permits from the City and RCFCD, as required.
Submittals to agencies shall include all plans and required backup data for review.
Consultant shall receive written comments from all participating agencies and review with City.
Consultant shall draft a response to all agency comments at one time. Consultant will then meet
collectively with all participating agencies to resolve outstanding issues relative to agency
comments. Consultantwill then prepare final dispositions for each review comment for submittal to
the Agencies.
Consultant will make revisions to PS&E documents following plan check for second plan check
submittal and provide final revised quantity take -offs and cost estimates. When revisions have been
made, Consultant will obtain signatures and provide the requested number of stamped plans to the
City.
TASK 34 PROJECT COORDINATION & MEETING ATTENDANCE
Consultant shall attend regularly scheduled meetings with City and Government Agencies to
review the progress of the work included within this contract and to provide consulting services.
A maximum of 40 hours are included within this Scope of Work. Additional meetings and
consulting services will be performed, if required, on an hourly basis for an additional fee.
TASK 35 CONSTRUCTION PHASE SUPPORT SERVICES
Consultant shall provide support to the Client or his representatives as directed during the
construction phase of the project. Scope includes response to Requests for Information (RFI's),
attendance in normal meetings and coordination efforts with various agency representatives
MBAKERINTL.COM
Baker JN: 148215
Project Name: 31 Street Storm Drain
Date: 4/06/2016
Page 10
related to the successful completion of the project's construction. A total of forty (40) hours have
been budgeted for this task. Scope does not include the preparation of additional exhibits, plans
or as-builts, which are not described within this scope of work. Additional exhibits can be
prepared, if requested, under a separate contract, for an additional fee.
TASK 36 REIMBURSABLES
Consultant shall, in order to perform the previously discussed tasks, incur reimbursable expenses
such as printing, reproductions, messenger services, facsimiles and other project -specific out-of-
pocket expenses necessary to achieve preparation and processing of the previously discussed
task.
Additional Services: Services which are not specifically identified herein as services to be
performed by Baker or its consultants are considered "Additional Services" for purposes of this
Agreement. Owner may request that Baker perform services which are Additional Services.
However, Baker is not obligated to perform such Additional Services unless an amendment to
this Agreement has been fully executed setting forth the scope, schedule and fee for such
Additional Services. In the event Baker performs Additional Services before receipt of such
executed amendment, Owner acknowledges its obligation to pay for such services at Baker's
standard rates, within 30 days of receipt of Baker's invoice.
Exclusions
Sufficient right-of-way exists for the proposed storm drain alignment and no additional right-of-
way or easements will be required.
Consulting services relating to any of the following tasks may be completed by Consultant if
negotiated under a separate contract for an additional fee; but are presently specifically excluded
from this agreement:
■ Street improvement plans and/or widening;
• Design for areas outside limit of work;
• Final Survey Monuments;
• Construction Staking;
• NOI/SWPPP;
• WQMP;
• Traffic Control Plans;
■ Environmental documentation/processing;
• Hazardous wastes;
• Potholing;
• QSP Services;
• Construction Management;
• Settlement Monitoring (Caltrans)
• As -Built Plans
• Any other services not specifically set forth in the above Scope of Services
MBAKERINTL.COM
Baker JN: 148215
Project Name: V Street Storm Drain
Date: 4/06/2016
Page 11
Client Responsibilities:
City shall provide access to the site.
City to provide any and all indemnification, abatement, disposal or other actions
required by local, state or federal law regarding hazardous materials.
• City shall pay all governmental fees and costs.
Baker services relating to any of the following tasks may be completed by Baker if negotiated
under a separate contract for an additional fee; but are presently specifically excluded from this
Agreement:
MBAKERINTL.COM
Baker JN: 148215
Project Name: Yd Street Storm Drain
Date: 4/06/2016
Page 12
A. SCOPE OF SERVICES FOR STORM DRAIN EXTENSION — STAGE 2
ITEM WORK TASK
Task 17 *Project Coordination & Meeting Attendance ............................................... $5,850
Task 20 Structural Engineering Services................................................................. $25,000
Original Agreement Task 11 (remainder budget) .......................................($4,947)
Original Agreement Task 12 (remainder budget) ....................................... ($6,847)
Task20 Subtotal........................................................................................ $13,206
Sub Total Fee $19,056
B. SCOPE OF SERVICES FOR STORM DRAIN EXTENSION — STAGE 3
ITEM
WORK TASK
TASK21
Research and Investigation............................................................................4,879
TASK22
Aerial Topographic Mapping..........................................................................
6,630
TASK23
Record Data Map Preparation........................................................................4,320
TASK 24
Additional Field Surveying..............................................................................5,020
TASK25
Geotechnical Investigation.............................................................................
9,404
TASK 26
Hydrology and Hydraulic Design Report ........................................................
9,468
TASK27
Utility Coordination.........................................................................................4,070
TASK28
Storm Drain Plans........................................................................................
39,620
TASK 29
Storm Drain Plans at Welch Drive (Optional) ................................................
6,000
TASK30
Technical Specifications.................................................................................
3,934
TASK31
Engineer's Cost Estimates.............................................................................
3,648
TASK 32
Plans, Specifications, and Estimate Submittal ...............................................
3,936
TASK 33
Plan Check Revisions/Approvals/Local Agency Permits ................................
9,518
TASK 34 *
Project Coordination & Meeting Attendance ...................................................
7,040
TASK35 *
Construction Phase Support Services............................................................7,040
TASK36 *
Reimbursables...............................................................................................2,000
Sub Total Fee (optional item included) $126,527
Grand Total Fee $145,583
MBAKERINTL.COM
Baker JN: 148215
Project Name: 31d Street Storm Drain
Date: 4/06/2016
Page 13
The budget amount shown is for authorization purposes only. Should the total of the
monthly billings reach eighty percent (80%) of the budget amount, Owner and Baker will review
the status of the work to determine the need for an increase in the budget amount, and whether
additional budget authorization to complete the project is appropriate.
The fees proposed herein shall apply until September 1, 2016. Due to ever-changing costs, Baker
may increase those portions of the contract fee for which work must still be completed after
September 1, 2016 by ten percent (10%).
Michael Baker International, Inc.
Prepared By:
(Signature)
Francisco Martinez Jr P.E.
Land Development Manager
(Printed Name & Title)
City of Lake Elsinore
Authorized By:
(Signature)
Steve Loriso, P.E.
Interim City Engineer
(Printed Name & Title)
MBAKERINTL.COM
AGREEMENT FOR PROFESSIONAL SERVICES
Michael Baker lnternational Company
Third Street Storm Drain
This Agreement for Professional Services (the "Agreement") is made and entered into as
of November 2,2016, by and between the City of Lake Elsinore, a municipal corporation ("City")
and Michael Baker lnternational Company, a California Corporation ("Consultant').
RECITALS
A. The City has determined that it requires the following professional services:
California Environmental Quality Act (CEQA) consulting services for the Third Street Storm Drain
project.
B. Consultant has submitted to City a proposal, dated October 26,2016, attached
hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional
services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant's Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
Prof Serv Agreement Michael Baker lnt 110216 Page 1
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 Twenty-
Nine Thousand Nine Hundred and Ten Dollars ($29,910) without additional written authorization
from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of
pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or
administrative charge. Payment by City under this Agreement shall not be deemed a waiver of
defects, even if such defects were known to the City at the time of payment.
4. Method of 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 work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor's bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Reserved.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otheruise. 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 this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
7. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant orto any other party. Consultant shall, at Consultant's expense, provide such reports,
plans, studies, documents and other writings to City upon written requesl. 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,
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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. Licensinq 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 otheMise
recorded on computer diskeftes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
b. Conf identialitv. 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
Page 3
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. 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.
10. 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 otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution andior employee contributions for
PERS benefits.
11. 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 inlerest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant's services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. 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
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this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
13. Comoliance with Laws. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant lo practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15. lndemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. 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 the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. 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 maintain
Workers' Compensation lnsurance and Employer's Liability lnsurance 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
Page 5
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 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 000'l (ed.
11188) or lnsurance Services Office form number GL 0002 (ed. '1173) 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 Coveraqe. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant's
profession for protection against claims alleging negligent acts, enors 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.
Page 6
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 wilh 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 with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on flle with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Anysuch 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:City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
lf to Consultant: Michael Baker lnternational
Attn: John Tanner, P.E.
40810 County Center Drive, Suite 200
Temecula, CA 92591-6022
18. Entire Aoreement. 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.
Page 7
19. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
20. Assionment and Subcontractinq. 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.
21. Waiver. Waiver of a breach or default under this Agreement shall not conslitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
22. Severabilitv. 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.
23. Controllinq Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
24. Litiqation Expenses and Attornevs' 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.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. 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 mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. lf 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. ln approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
27. 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
Page 8
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Prohibited 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 lhis Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
29. Equal 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.
30. Prevailino Waqes. Consultant is aware of the requirements of California Labor
Code Section 1720,etseq., and 1770, etseq.,aswell 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" p@ects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). lt is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
31. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. ln approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
Page 9
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
ATTEST:
City Clerk
APPROVED AS TO FORM:
Attachments: Exhibit A - Consultant's Proposal
Exhibit B - List of Subcontractors
"CONSULTANT'
Michael Baker lnternational, a California
corporation
Its:Vice President, Office Manager
Page 10
EXHIBIT A
CONSULTANT'S PROPOSAL
IATTACHED]
EXHIBIT A
CEQ]A Co]nO;1"r." t"-'.".City of Lake Elsinore, Third St. Storm Drain
City of Lake Elsinore
Third Street Storm Drain CEQA Compliance
Proiect Approach
Michael Baker International (Michael Baker) will prepare the California Environmental Quality
Act (CEQA) document(s) for the Third Street Storm Drain Project (Project) located primarily along
Third Street, between Conard Ave to the west, under the l-15 freeway, to an existing open
channel east of Collier Ave in the City of Lake Elsinore, CA. The Project consists of pipeline,
trenching through existing roadway right of way and easements, and jack/bore under the l-15
freeway.
Michael Baker is proposing an lnitial Study (lS) in accordance to CEQA Guidelines Section 15063
as part of the CEQA compliance process for the Project. Once the lnitial Study is completed, it
may be determined that a Mitigated Negative Declaration (MND) is required as the appropriate
CEQA compliance document. An MND will be prepared only if the lnitial Study process
determines that mitigation measures would be required that would reduce any potential
environmental impacts to less than significant levels. lf the mitigation measures cannot reduce
environmental impacts to less than significant levels, and impacts are considered significant and
unavoidable, an Environmental lmpact Report will be prepared. Michael Baker will provide a
separate scope and fee if it is determined that an EIR is the required CEQA compliance document.
Task 1 Initial Study
PRoIEcT INITIATIoN
Michael Baker will conduct an initial orientation meeting with the City in order to ensure
agreement on the basic Project elements and define the Project description. Michael Baker will
review any relevant available information/documentation, anticipate the appropriate CEQA
action/documentation for the Project, conduct a site visit, and initiate technical study
preparation (see Task 2).
This scope of work assumes that there are no additional technical studies required for CEQA
compliance other than an Air Quality Analysis, Acoustical Analysis, Cultural Resources
Assessment, Greenhouse Gas Emissions Analysis, and a Habitat Assessment and MSHCP
Consistency Analysis. The Habitat Assessment/MsHcP Consistency Analysis (HA) was prepared
in August 2Ot6 for the Stage ll portion of the Project by Michael Baker and will be utilized to
support the biological analysis in the lS. lt is understood that the HA will be expanded to include
Stage lll and is not included in this proposal. The HA additional work for Stage lll will be provided
under separate scope and fee.
EE@
ItiTEil,ltIl0tAl Proposal . November 2,2016 Page 1 of 6
CEqA Compliance Services City of Lake Elslnore, Third 5t. Storm Drain
A. ScREENcrrEcK IS
Michael Baker will prepare a Screencheck Draft lS for the project. The lS and NOP will
assist in determining which environmental document is appropriate for the proposed
project. Michael Baker will prepare the lS and submit it to City Staff for review.
B. FTNAL IS
Michael Baker will respond to one consolidated set of City comments on the lS. Once
comments have been incorporated, it will be determined whether an MND, or potentially
EIR will be prepared for the proposed project. This determination will be dependent on
the outcomes of the lS and Technical Studies.
lf the City decides to circulote the lS for public review and deliver to the State Cleoring House for
processing, then Tosk 34 ond cost will opply to Tosk 78.
Task 2:Technical Studies
AcousrrcAL ANALYSTS
Michael Baker will review applicable noise and land use compatibility criteria forthe project area.
Standards regulating noise impacts will be discussed for land uses adjacent to the proposed
roadway improvements. The construction noise impacts will be evaluated in terms of maximum
levels (1.",) and hourly equivalent continuous noise levels (L"q) and the frequency of occurrence.
The operational noise analysis will qualitatively address the fact that the project would not
include any operational equipment or generate a significant amount of vehicle trips. Compliance
with applicable noise standards will be evaluated, with recommended mitigation measures
included where appropriate. This scope excludes on-site noise measurements.
AIR QUALIIY
Fugitive dust and equipment exhaust emissions from construction activities will be quantitatively
evaluated using the California Emissions Estimator Model version 2013.2.2 (CalEEMod). The air
pollutant emissions during construction will be compared to the SCAQMD regional thresholds of
significance. Modeled construction will also be compared to the SCAQMD Localized Significance
Thresholds to determine whether the localized impacts would occur. The operational analysis
will be qualitative and address the fact that the project would not include any operational
equipment or generate a significant amount of vehicle trips. Project consistency with lhe 2072
Air Quality Monogement Plan will be evaluated. Michael Baker will also qualitatively discuss
naturally occurring asbestos impacts.
GREENHoUSE GAs ANALYSTS
Michael Baker will prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous
oxide, methane, and carbon dioxide) from direct sources (i.e., construction equipment). The
emissions inventory will be compiled utilizing CalEEMod. The operational analysis will
ttatEiNlrtolrlL Proposal . November 2,2015 Page 2 of 6
CEqA Compliance Services City of Lake Elsinore, Third St. Storm Drain
qualitatively describe operational activities based on the assumption that the project would not
include any operational equipment or generate a significant amount of vehicle trips.
ASSUMPTI0NS/DATA NEEDS FORACOUSTIAL, AIR QUALITY &GREENHOUSE GAS ANALYS$
. The Client will provide detailed construction phasing and grading/excavation/paving
q uantities.
. This scope assumes that the project would not generate operational vehicle trips.
. This scope assumes that the project would not include operational stationary
equipment.
. This scope excludes meetings/hea rings.
CULTUML REsouRcEs ASSESSMENT
David Brunzell, M.A./RPA, is the Principal lnvestigator/Archaeologist for BCR Consulting, which
has substantial experience in the Temecula Valley region providing cultural resource related
CEOA/NEPA compliance services. Michael Baker has retained the services of BCR Consulting for
the following tasks:
Research. The records search for cultural resources (archaeological and historical) will be
conducted through the Eastern lnformation Center (ElC) located at the University of California
Riverside. The objective of this archival research will be to establish the status and extent of
previous surveys in the subject property/align ment area and to note what types of resources
might be expected to occur within the Project site/alignment.
Field Survev. BCR Consulting field staff will perform a pedestrian cultural resources survey of the
accessible subject property/alignment at 15-meter transect intervals. The goal of the field survey
is to identify any prehistoric and historic archaeological, and/or historic architectural resources,
and to produce or update the necessary site records. For the purposes of this proposal, negative
findings are anticipated. lf any cultural resources (including historic-age buildings) are revealed
during this task, a budget and schedule adjustment may be necessary.
Report. A cultural resources report will be produced consistent with CEQA requirements. The
report will include a Project description, cultural setting, methods, results, and recommendations
sections. Relevant maps and photographs will be included in the report, and the appropriate
Department of Park and Recreation (DPR) 523 site forms will be appended if any cultural
resou rces are discovered.
Tribol Scopina. BCR Consulting will perform project scoping with local Native American tribes
that have been associated with the Project area/alignment. During this task, BCR Consulting will
contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF)
Search, and to request a list of Native American tribes and individuals to contact. BCR Consulting
will send one letter to the NAHC and one mailing to each listed tribe and/or individual (via regular
certified mail or e-mail). Results of these communications and the SLF Search will be appended
to the report.
txlEitaAltotlAl Proposal . November 2,2016 Page 3 of 6
CEQ,A Compliance Services city of [ake Elsinore, Third st, storm Dtain
Paleontolooical Assessment BCR Consulting will review paleontological maps on file with the
County of Riverside to determine the level of sensitivity for vertebrate fossil localities within the
project site. The map will indicate any known sensitivity and will be appended to the cultural
resources report.
Task 3:Mitigated Negative Declaration
lf it is determined through the lS process that mitigation measures are required to reduce any
environmental impacts to less than significant levels, a Mitigated Negative Declaration (MND)
will be prepared to augment the lS and will consist of the following tasks:
A. DM$MND
Michael Baker will consult with City staffto establish the review period, public notification
and agency filing requirements for the lS/MND.
Michael Baker will provide/submit fifteen (15) hard copies of the lS/MND for the State
Clearinghouse and a digital PDF file and a MSWord version to the City for other
internal/agency distribution. The Appendices will also be provided with the lS/MND in
digital PDF format. Michael Baker will provide a MS Word document computer file to the
City, including one (1) in PDF format, for posting on the City's website of the completed
DraftMND. Michael Bakerwill deliver the lS/M N D to the State Clearinghouse (via Federal
Express) and local entities (via US Mail), although it is assumed that the City will provide
any required radius mailing (if needed) and/or would be responsible for newspaper notice
and filing fees.
B, FINALMND
Upon conclusion of the public review period, Michael Baker will prepare written
responses to comments and/or questions raised. This task includes assisting in
responding to lS/MND comments received during the public review period, if any. The
comments would be provided as a digital PDF file and included as part of the Draft lS/MND
with responses provided at the public hearing or included in the staff report.
Michael Baker will prepare a Draft Mitigation Monitoring and Reporting Program (MMRP)
that will be submitted to the City for review and approval. Michael Baker will respond to
one set of comments on the Draft MMRP. The MMRP will be defined through working
with city staffto identify appropriate monitoring steps and procedures in order to provide
a basis for monitoring such measures during and upon project implementation. Michael
Baker will provide a digital PDF of the finalized MMRP for inclusion in the Final lS/MND.
The Final lS/MND will include the Draft lS/MND that was circulated for public review, the
Response to Comments, and the MMRP. This will be provided to the City as an all-inclusive
digital PDF file.
E@rilai{aTtoltl Proposal . November 2, 2016 Page 4 of 6
CEQA Co6p;1"n." t"rv'."t city of Lake Elslnore, Third st. storm Draln
Task4:City Council Meeting
ln addition to the Project kickoff meeting identified above in Task 1, the Michael Baker CEQA task
manager is available to attend one (1) City Council meeting and can respond at the meeting to
any additional questions or comments regarding the Mitigated Negative Declaration.
Note: Public meeting attendance by Michael Baker technical experts can be provided, if
requested, on a time and materials (T&M) basis.
Task 5:Project Management/Coordination
As part of the preparation of the IS/MND, approximately eieht (8) hours of time is allocated to
project management and coordination with the City by the CEQA Task Manager.
SCHEDULE
Michael Baker can proceed immediately upon written authorization to proceed. Michael Baker
can submit the Screencheck lnitial Study within four (4) weeks of receipt of necessary engineering
plans and data. The total process, from Notice to Proceed to IS/MND adoption, is estimated to
require approximately 4 months (typical lS/MND is 6 months). This schedule is expedited
because the Michael Baker CEQATask Manager and staff will be working closely with the Michael
Baker Engineering staff for this project. This schedule also assumes that there will be no changes
to the project description once it is approved by the City.
1.
2.
3.
4.
5.
ASSUMPTTONS/EXCTUSTONS
Client is assumed to provide all necessary engineering/technical data/plans.
This scope/fee is valid for a period of 90 days.
The Client will provide site access.
A Biological Habitat Assessment will be provided for the Stage lll portion of the Project.
This scope/fee does not include regulatory permitting.
lliTERiltr0xlL Proposal . November 2,2015 Page 5 of 6I Ml"hr"t Brkrn
CECIA Compliance services Clty of Lake Elsinore, Third St. Storm Drain
Fees
Task 1
Task 2
Task 3
Task 4
Task 5
lnitial study
Project lnitiation ....................51,000
A Screencheck 1S................ ..................... 56,000
B Draft 1S....................... .......................... 51.500
$8,s00
Technical Studies
Acoustical Ana1ysis............. .... 54,650
Air Quality Ana|ysis..................... ..................... SS,+OO
GHG Analysis.... ...................... 52,800
Cultural Resources Assessment.. ..................... 52,850
$73,710
Mitigated Negative Declaration
A Draft MND (includes public noticing/distribution).................................. 52,000
B Final MND (including responses to comments and MMRP).................... 53.500
$s"soo
City Council Meetint (T&M, Not to Exceed).......S700
Project Management / Coordination ......$1,ooo
TOTAT CEqA TASKS .... s29,910
This proposal is considered a fixed fee cost and will not exceed the indicated amount unless
circumstances change regarding the Project that would substantiate a contract
amend ment/augment, which would be approved by the City.
REIMBURSABLES
Michael Baker will, in order to perform the previously discussed tasks, incur reimbursable
expenses such as printing, reproductions, messenger services, facsimiles and other project-
specific out-of-pocket expenses necessary to achieve preparation and processing of the
previously discussed tasks. Such costs will be invoiced on a Time and Materials basis and will not
exceed budgeted amount. Agency fees, processing charges and plan check fees are not included
as reimbursable and will be paid for separately by the Client.
IIIIERIIATIONAL
Proposal . November 2, 2016 Page 5 of 6
EXHIBIT B
LIST OF SUBCONTRACTORS
IATTACHED]
EXHiBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
BCR Consulting, LLC