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HomeMy WebLinkAboutItem No. 05 Amend. No. 1 PSA with KTUAText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-522 Agenda Date: 3/24/2020 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency / Facilities Financing Authority Agenda Number: 5) Page 1 City of Lake Elsinore Printed on 3/19/2020 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Johnathan O. Skinner, Director of Community Services Alma Ramirez, Management Analyst Date: March 24, 2020 Subject: Am endment No. 1 to the Professional Services Agreement with KTUA Recommendation Authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with KTUA Design Consultants for Project Management and Civil Engineering Services in the amount of $22,941.50 plus a 10% contingency, in final form as approved by City Attorney. Background The City entered into the original Professional Services Agreement on August 13, 2019, for $219,805.00 with a 10% contingency ($21,980.50) for design services under the City Manager’s signature authority for Urban Greening Grant – Spring Street Project, to plant carbon sequestration trees and ground cover on Spring Street and adjacent streets. The majority of the project is funded through the California Natural Resources Agency (CNRA) Grant. As due diligence was being performed regarding placement of plants, irrigation lines and utilities, it was identified that several areas had existing underground services, triggering a relocation of landscape and additional design work. Discussion Amendment No. 1 to the Agreement for Professional Services will authorize additional work related to new areas identified in the attached Addendum to Scope of Work and approved by CNRA. These design components will complete the design portion of the project, which will be submitted to CNRA for final approval. Once complete, Request for Proposals for the construction of the project will be developed and circulated. The project is slated to be complete by late December 2020. Amendment No. 1 KTUA March 24, 2020 Page 2 Fiscal Impact The $44,922 cost of the additional services will be paid in part by the $21,980.50 contingency funds under the original Agreement approved by City Council on August 13, 2019 and the remainder ($22,941.50) will be funded through an internal transfer within “PROJECT MANAGEMENT” line items of the CNRA Grant. This reallocation within the CNRA Grant budget has been approved by CNRA. Exhibits A – Amendment No. 1 B – KTUA Amendment No. 1 Scope of Work C - Professional Services Agreement KTUA KTUA PSA Downtown Active Transportation Connections & Greet Streets Spring Street Project 08-13-19 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES KTUA Downtown Active Transportation Connections and Greet Streets for Spring Street Project This Agreement for Professional Services (the “Agreement”) is made and entered into as of August 13, 2019, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and KTUA, ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Civil Engineering and Design Services for the Downtown Active Transportation Connection and Green Streets for Spring Street Project. B. Consultant has submitted to City a proposal, dated [insert date], 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. DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Page 2 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A). Consultant hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a project task order by the City. Consultant acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through task order issued by the City. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Two Hundred Nineteen Thousand Eight Hundred Five dollars ($219,805) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant 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. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 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 otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. 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 DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Page 3 have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City’s use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 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. DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Page 4 c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 9. Independent Consultant. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent Consultant and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractors of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Page 5 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 Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise. 13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 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 to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. a) Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City. b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute. DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Page 6 c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies. i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractors to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non- renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Page 7 Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars 1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Page 8 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. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: KTUA Mike Singleton 3916 Normal Street San Diego, Ca 92103 18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 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. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractors 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 subcontractors other than as otherwise is required by law. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Page 9 23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees. 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. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractors, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Page 10 shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: Deputy City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT” Mike Singleton, Principal By: _____________________ Its: _____________________ Attachments: Exhibit A – Consultant’s Proposal DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Principal- President Mike Singleton EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL ATTACHED] DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ RETENTIONDED CLAIMS-MADE OCCUR AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF( MM/DD/YYYY) POLICY EXP( MM/DD/YYYY)LIMITS PERSTATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A Ea accident) Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE( A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX( A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8/22/2019 Cavignac & Associates 450 B Street, Suite 1800 San Diego CA 92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property & Casualty Company of America 25674 KTU&APL-01 Berkley Insurance Company32603KTU+A Planning & Landscape Architecture 3916 Normal Street San Diego, CA 92103 Travelers Indemnity Co of Conn 25682 Property & Casualty Ins. Co. of Hartford 34690 1722623589 A X 1,000,000 X 1,000,000 X Cross Liab 10,000 X Contractual Liab 1,000,000 2,000,000 X X Y 6801H979452 9/1/2018 9/1/2019 2,000,000 C 1,000,000 XX X NoOwnedAutos Y BA1C934192 9/1/2018 9/1/2019 D 72WEGGG6436 9/1/2018 9/1/2019 X 1,000,000 1,000,000 1,000,000 B Professional Liability AEC902265203 9/1/2018 9/1/2019 Each Claim Aggregate 2,000,000 4,000,000 Additional Insured coverage applies to General Liability and Automobile Liability for City of Lake Elsinore per policy form. Professional Liability - Claims made form, defense costs included within limit. City of Lake Elsinore 130 S. Main Street Lake Elsinore CA 92530 DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Policy #BA1C934192 DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Policy #BA1C934192 DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Policy #BA1C934192 DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Policy #BA1C934192 DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA Policy #BA1C934192 DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA CITY OF LAKE ELSINORE TO BE POSTED IN A CONSPICUOUS PLACE Business Name: Business Location: Owner Name(s): BUSINESS LICENSE NO. Issue Date: Description: Expiration Date: BUSINESS LICENSE THIS IS YOUR LICENSE • NOT TRANSFERABLE 3916 NORMAL ST Business Type: SAN DIEGO, CA 92103-3413 KTU+A 3916 NORMAL ST SAN DIEGO, CA 92103-3413 This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674-3124 KTU+A SHARON SINGLETON MICHAEL SINGLETON PROFESSIONAL/GENERAL-MISC LANDSCAPE ARCHITECTURE/PLANNING 024253 8/23/2019 8/31/2020 DocuSign Envelope ID: 68767C1F-D4D6-4EE9-BB6D-48F318B7C9AA AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES KTUA Professional Design Services Urban Greening Grant – Spring Street Project, Z10058 This Amendment No. 1 to Agreement for Professional Services is made and entered into as of March 24, 2020, by and between the City of Lake Elsinore, a municipal corporation (“City), and KTUA Engineering, (“Consultant”). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of August 13, 2019, (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 Two Hundred Nineteen Thousand Eight Hundred and Five dollars ($219,805), with a 10% contingency ($21,980.50). C. The parties now desire to amend the scope of services and increase the 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 described in Consultant’s March 24, 2020 Proposal (attached to this Amendment No. 1 as Exhibit A-3). Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-3, subject to the direction of the City through its staff that it may provide from time to time. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (referenced collectively as Exhibit A-3 Amendment No. 31). In no event shall Consultant’s compensation related to Exhibit A-3 to Amendment No.1 exceed Forty-Four Thousand Nine Hundred Twenty -Two dollars and fifty cents ($44,922.50) without additional written authorization from the City. Said $44,922 shall be paid in part by the $21,980.50 contingency funds under the Original Agreement and the remainder ($22,941.50) shall be paid by the City from CNRA Grant funds. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-3 respectively, 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. 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. 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 “CONSULTANT” KTUA Engineering Grant Yates, City Manager Date: Michael Singleton, Owner/Principal Engineer Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A-3 – Consultant’s Proposal EXHIBIT A-3 CONSULTANT’S PROPOSAL [ATTACHED EXHIBIT "A" Requested Addendum DETAILED PROJECT BUDGET KTUA Dennis Janda Inc.FBA Engineering Totals Mike Singleton Tim Henderson/ Bernard Everling Jacob Leon Difan Chen/ Allison Wilson Ahmad Khan Steven Lewis Dennis Janda TBD TBD Mark Mahdavian Active Transportation Connections and Green Streets Project for Spring Street Principal-in- Charge/ Landscape Architect PM/ Landscape Architect/ Irrigation Design Outreach Facilitator Landscape Architect/ Designer Civil Project Manager Civil Project Engineer Principal Surveyor Assistant Surveyor 2-man Survey Crew Electrical Engineering $175 $155 $130 $120 $185 $140 $135 $95 $210 $150 Hours Task 1: Data Collection and Field Surveys 1.1 Prepare & transmit project notification to utilities with request to identify existing facilities 0 1 2 3 1.2 Review existing utility maps, perform utility coordination & submit applications for service 1 4 8 2 16 25 56 1.3 Conduct a topo survey and boundary survey to ensure the project stays in right of way 1 4 8 1 14 40 68 1.4 Perform site reconnaissance for existing site conditions & other relevant factors 4 4 4 8 6 26 Sub-total Hours 0 6 0 4 12 24 4 32 40 31 153 Sub-total Costs $0 $930 $0 $480 $2,220 $3,360 $540 $3,040 $8,400 $4,650 $23,620 $1,410 $5,580 $11,980 $4,650 $23,620 Task 2: Public Outreach / Stakeholder Engagement and Design Development 2.1 Meet with internal stakeholders to gain understanding of issues (3 meetings)0 0 0 0 2.2 Develop conceptual design for major elements & potential options considering preliminary costs 0 0 0 0 0 0 0 0 2.3 Meet with Urban Greening team to present concepts & obtain comments (2 meetings)0 0 0 0 0 2.4 Conduct one public meeting / charrette with 35% developed plan to present conceptual design 0 0 0 0 0 0 0 2.5 Meet with Urban Greening team for 95% presentation (1 meeting)0 0 0 0 0 Sub-total Hours 0 0 0 0 0 0 0 0 0 0 0 Sub-total Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Task 3: Obtain All Necessary Permits 3.1 Identify project permits required with local & regional agencies 0 0 0 0 0 0 3.2 Prepare necessary plans / applications for permits, address comments & requests for information 0 0 0 0 0 0 0 3.3 Help support the environmental efforts with information on GHG and MWELO 0 0 0 0 0 0 3.4 Integrate any required mitigation, if any, from the CEQA review 0 0 0 0 0 Sub-total Hours 0 0 0 0 0 0 0 0 0 0 0 Sub-total Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 WSP City of Lake Elsinore DETAILED PROJECT BUDGET KTUA Dennis Janda Inc.FBA Engineering Totals Mike Singleton Tim Henderson/ Bernard Everling Jacob Leon Difan Chen/ Allison Wilson Ahmad Khan Steven Lewis Dennis Janda TBD TBD Mark Mahdavian Active Transportation Connections and Green Streets Project for Spring Street Principal-in- Charge/ Landscape Architect PM/ Landscape Architect/ Irrigation Design Outreach Facilitator Landscape Architect/ Designer Civil Project Manager Civil Project Engineer Principal Surveyor Assistant Surveyor 2-man Survey Crew Electrical Engineering WSP City of Lake Elsinore Task 4: Plans, Specifications and Engineering Estimate 4.1 Set up base map, sheet arrangement & title sheet 0 2 0 10 12 4.2 Prepare general notes & right of way maps for project control points 0 4 2 8 0 14 4.3 Identify project elements to stay, those to be removed & summarize in demo plan 0 2 4 2 12 20 4.4 Prepare civil plan layout of all walkways, curb, gutter & ramp systems 0 2 8 10 4.5 Prepare road edge pavement improvements / repair & striping plan for Class 2 Routes 0 0 0 0 4.6 Prepare drainage plan for stormwater runoff & storm basins 0 0 0 0 4.7 Prepare lighting plan & utility connections 0 0 0 0 0 4.8 Prepare street tree layout plans & planter area layouts 0 4 10 28 0 42 4.9 Prepare irrigation plans including points of connection, electrical for time clocks & valves 0 16 0 16 32 4.10 Prepare initial cost estimate of all project elements 0 2 0 0 0 0 2 4.11 Prepare appropriate details supporting unique construction or regional standard drawings 0 0 0 0 0 4.12 Prepare specifications, bidding instructions, reporting requirements & bid item descriptions 0 0 0 0 0 0 0 4.13 Determine payment methods, special provisions, technical specifications or details 0 0 0 0 0 0 4.14 Prepare line item schedule and produce engineers cost estimate 0 0 0 0 0 0 4.15 Submit 35% Conceptual Plans & obtain comments that need to be addressed in the concepts 0 0 0 0 0 0 2 2 4.16 Revise 35% & submit 65% & obtain comments from the Urban Greening Team 0 0 0 0 0 0 2 2 4.17 Revise 65% based on input from the Urban Greening Team & submit 100%0 0 0 0 0 0 2 2 Sub-total Hours 0 24 10 38 6 38 0 0 0 22 138 Sub-total Costs $0 $3,720 $1,300 $4,560 $1,110 $5,320 $0 $0 $0 $3,300 $19,310 $9,580 $6,430 $0 $3,300 $19,310 Task 5: Final Submittals 5.1 Submit two full-size and two half-size final plan set master with engineer's seal and signature 0 0 0 0 5.2 Submit electronic version of all plans in AutoCAD & Acrobat format on CD 0 0 0 5.3 Submit specifications in Word format 0 0 0 0 5.4 Submit one set of quantity calculations & final engineering estimate in Excel 0 0 0 5.5 Submit all electronic files including photos & other project products 0 0 0 0 Sub-total Hours 0 0 0 0 0 0 0 0 0 0 0 Sub-total Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 DETAILED PROJECT BUDGET KTUA Dennis Janda Inc.FBA Engineering Totals Mike Singleton Tim Henderson/ Bernard Everling Jacob Leon Difan Chen/ Allison Wilson Ahmad Khan Steven Lewis Dennis Janda TBD TBD Mark Mahdavian Active Transportation Connections and Green Streets Project for Spring Street Principal-in- Charge/ Landscape Architect PM/ Landscape Architect/ Irrigation Design Outreach Facilitator Landscape Architect/ Designer Civil Project Manager Civil Project Engineer Principal Surveyor Assistant Surveyor 2-man Survey Crew Electrical Engineering WSP City of Lake Elsinore Task 6: Bidding Phase 6.1 Attend pre-bid meeting & respond to contractor requests 0 0 0 0 6.2 Record, distribute answers to questions & clarifications & prepare formal addenda 0 0 0 0 0 6.3 Prepare any required addenda pre-bid & a pre-construction meeting agenda 0 0 0 0 0 Sub-total Hours 0 0 0 0 0 0 0 0 0 0 0 Sub-total Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Task 7: Project Coordination during Design Process 7.1 Hold appropriate number of meetings with City Staff (6 shown under Task 2)0 7.2 Provide monthly status reports 2 2 0 4 7.3 Provide design schedule with updates as required 1 2 0 0 3 7.4 Provide meeting minutes & action items 2 2 0 0 4 Sub-total Hours 5 6 0 0 0 0 0 0 0 0 11 Sub-total Costs $875 $930 $0 $0 $0 $0 $0 $0 $0 $0 $1,805 $1,805 $0 $0 $0 $1,805 Task 8: Design Support during Construction Process 8.1 If requested, participate in pre-construction kick-off meeting to clarify questions 0 0 0 0 0 8.2 If requested, prepare answers to questions posted during construction by contractor 0 0 0 0 8.3 Provide Civil design support during construction 0 0 0 8.4 Provide Electrical design support during construction 0 0 8.5 Provide Landscape Architectural design support during construction 0 0 0 0 Sub-total Hours 0 0 0 0 0 0 0 0 0 0 0 Sub-total Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Labor Cost Summary $0 $0 $0 $0 $0 Sub-total Hours 5 36 10 42 18 62 4 32 40 53 302 Sub-total Costs $875 $5,580 $1,300 $5,040 $3,330 $8,680 $540 $3,040 $8,400 $7,950 TEAM Total per Firm $$12,795 $12,010 $11,980 $7,950 $44,735 % per Firm $28.60%26.85%26.78%17.77%100.00% Total Labor All Firms $$44,735 Grand Total with Expenses*$44,922 DETAILED PROJECT BUDGET KTUA Dennis Janda Inc.FBA Engineering Totals Mike Singleton Tim Henderson/ Bernard Everling Jacob Leon Difan Chen/ Allison Wilson Ahmad Khan Steven Lewis Dennis Janda TBD TBD Mark Mahdavian Active Transportation Connections and Green Streets Project for Spring Street Principal-in- Charge/ Landscape Architect PM/ Landscape Architect/ Irrigation Design Outreach Facilitator Landscape Architect/ Designer Civil Project Manager Civil Project Engineer Principal Surveyor Assistant Surveyor 2-man Survey Crew Electrical Engineering WSP City of Lake Elsinore Travel Expense Summary Miles Mileage Cost Sub-total Hand-out Materials Originals Copies Cost per Sheet Units Unit Cost Costs Totals Mileage for Urban Greening Team & additional staff meetings (6 meetings)150 $0.58 $87 $100 $0.00 $187 Mileage and materials for 1 public workshop 0 $0.58 $0 $0 $0.00 $0 Mileage for site visits and pre-bid and pre-construction meetings (4 trips)0 $0.58 $0 $0 $0.00 $0 Provide utility mark-outs for the study area (SiteScan)0 $6,800 $0 $0 1/2 size plan sets for pre-final $0 0 0 $0.50 $0 $0 1/2 size plan sets for final $0 0 0 $0.50 $0 $0 Full size plan sets for final $0 0 0 $4.20 $0 $0 CDS for final $0 0 0 $7.50 $0 $0 Total Expenses $187