HomeMy WebLinkAboutItem No. 08 PSA KOA Corp. HSIP Cycle 9 Z10066City of Lake Elsinore
LW811-Si no
130 South Main Street
Lake Elsinore, CA 92530
www.lake - elsinore.org
Ne °— IKikr- ' City Council Agenda Report
File Number: TMP 19 -1051
Agenda Date: 1/12/2021 Version: 1 Status: Approval Final
In Control: City Council / Successor Aqency
File Type: Council Consent
Calendar
Agenda Number: 8)
Professional Civil Engineering Services Agreement with KOA Corporation for Environmental,
Final Engineering Plans, Specifications, Cost Estimate, and Construction Support for the High
Safety Improvement Cycle 9 Project
Authorize the City Manager to execute an Agreement for Professional Design Services in the amount of
$143,359 to KOA Corporation (KOA), plus an additional 10% contingency, in such final form as
approved by City Attorney.
City of Lake Elsinore Page 1 Printed on 11712021
CITY OF ih41
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LAKE LS1110 E
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DREAM EXTREME
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared By: Remon Habib, City Engineer
Date: January 12, 2021
Subject: Professional Civil Engineering Services Agreement with KOA Corporation
for Environmental, Final Engineering Plans, Specifications, Cost Estimate,
and Construction Support for the High Safety Improvement Cycle 9 Project
Recommendation
Authorize the City Manager to execute an Agreement for Professional Design Services in the
amount of $143,359 to KOA Corporation (KOA), plus an additional 10% contingency, in such
final form as approved by City Attorney.
Background
The Agreement will authorize KOA to start the design of traffic signal safety improvements at
ten (10) existing traffic signals throughout the city. The intersections were determined through a
city -wide safety analysis while preparing the HSIP Cycle 9 application for funding. These
locations were identified as having the highest collision rates of existing signalized intersections
that do not currently have any projects or funding for improvements. These intersections are:
1. Lake Street / Temescal Canyon Road
2. Central Avenue / Dexter Avenue
3. Mission Trail / Malaga Road
4. Canyon Hills Road / Cottonwood Canyon Road
5. Lake Street / Mountain Street
6. Lake Street / Viscaya Street
7. Grand Avenue / Broadway Street
8. Lakeshore Drive / Chaney Street
9. Grand Avenue / Lincoln Street
10. Lakeshore Drive / Machado Street
The project will provide for final plans, specifications, and cost estimates (PS &E) for the traffic
signal improvements, and environmental clearance.
For the Highway Safety Improvement (HSIP) Cycle 9 grant, 221 projects were selected from a
candidate pool of 351 applicants. In 2018, the City of Lake Elsinore (City) secured the HSIP
Cycle 9 grant to upgrade the ten (10) existing traffic signals within the City, where the locations
Page 1 of 2
were selected based on historical collision data. The City has obtained authorization from
Caltrans to conduct the Preliminary Engineering phase, which includes the environmental
clearance and plans, specifications, and cost estimate (PS &E).
Discussion
KOA will provide civil engineering services necessary for environmental clearance, final PS &E,
and construction support for the traffic signal safety improvements at ten existing locations
throughout the City. The scope of services includes project management, conduct field reviews,
preparation of Caltrans Preliminary Environmental Study and environmental documentation
required for environmental clearance, preparation and completion of traffic signal PS &E and
signal timing sheets, and provide construction support.
Fiscal Impact
Professional Services Agreement will result in a cost of $143,359 plus an additional 10% in
contingency to be funded by the Highway Safety Improvement (HSIP) Grant.
Exhibits
A — Agreement
B - Proposal
Page 2of2
AGREEMENT FOR PROFESSIONAL SERVICES
KOA Corporation
Highway Safety Improvement Program (HSIP) Cycle 9 Traffic Signal
Improvements PS &E and Construction Support - Project No. Z10066Federal
Project No. 5074 (020)
This Agreement for Professional Services (the "Agreement ") is made and entered into as
of January 12, 2021, by and between the City of Lake Elsinore, a municipal corporation ( "City ")
and KOA Corporation, a Corporation ( "Consultant ").
RECITALS
A. The City has determined that it requires the following professional services:
PS &E and construction support for the HSIP Cycle 9
B. Consultant has submitted to City a proposal, dated October 8, 2020, 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, 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.
@BCL @BOOE2A7F Page 1
C. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant's Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant's compensation exceed One
Hundred Forty Three Thousand Three Hundred Fifty Nine dollars ($143,359) 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. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Consultant's
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Consultant's prospective or then current personnel
is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
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.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public's rights to documents under the Public Records Act, and any third -
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
C. 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.
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b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant's business, City
may, by written request by any of the above -named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor -in- interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of Consultant's officers,
employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and /or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In 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.
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
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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 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.
a. Consultant shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Consultant and /or its employees, officers, or board
members.
b. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and /or business licenses, certifications and /or
permits necessary for performing the services described in this Agreement, including a City
business license.
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. 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
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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. It 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. 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 subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. 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.
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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 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. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers' Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
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.
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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.
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: KOA Corporation
Attn: Ms. Min Zhou
1100 Corporate Center Drive, Ste 201
Monterey Park, CA 91754
18. 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 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.
19. 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.
20. 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.
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21. 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.
22. 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.
23. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non - discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. 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 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.
25. 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.
26. 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.
27. 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
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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.
28. Counterparts. 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.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant's
Proposal is incorporated only for the description of the scope of services and /or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant's Proposal.
30. 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.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
Click or tap here to enter text.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
Attachments: Exhibit A — Consultant's Proposal
Exhibit B — List of Subcontractors
"CONSULTANT"
KOA Corporation, a Corporation
By: Min Zhou
Its: President /CEO
Page 11
.■
CONSULTANT'S PROPOSAL
[ATTACHED]
EXHIBIT A
.■
LIST OF SUBCONTRACTORS
[ATTACHED]
K P(eor A
COST PROPOSAL FOR
HIGHWAY SAFETY IMPROVEMENT
PROGRAM (HSIP) CYCLE 9
TRAFFIC SIGNAL IMPROVEMENTS
ENVIRONMENTAL, FINAL ENGINEERING PLANS,
SPECIFICATIONS, COST ESTIMATE (PS &E), AND
CONSTRUCTION SUPPORT
CITY PROJECT NO. Z10066
FEDERAL PROJECT NO. 5074 (020)
CITY OF LAKE ELSINORE
OCTOBER 8, 2020
COST PROPOSAL
CITY OF LAKE ELSINORE
KOA Fee Proposal:
HSIP 9 Traffic Signal Improvements Project, Lake Elsinore, CA
Dated 10 -01 -2020
'
Hourly Rates (Fully Burdened):
BASE DESIGN SERVIC
Task 1: Program Management and Control System
1.1 Project Kickoff
Principal/
QA/QC
Manager
$236.00
1
Project
Engineer
$196.00
4
Associate
Engineer
$113.00
•
Associate
Engineer
$93.84
2
$94.00
2
• ther
Direct
Costs
••
LS
$1,396
ECORP
LUAN
COAST
LS J
TOTAL
0 0 ng
I FLS
IMMM
$1,396
1.2 Project Meetings and Scheduling
1
4
2
2
2
$250
$1,872
$1,872
1.3 Project Management and Administration
40
16
8
2
$10,587
$10,587
1.4 Caltrans Local Assistance Support for RFA
4
8
16
2
$250
$3,627
$3,627
Task 1: Subtotal
Task 2: Field Review
Field Survey and Data Collection
2
52
8
26
8
28
40
8
$500
$250
$17,482
$6,476
$17,482
$6,476
Task 2: Subtotal
Task 3: Environmental Clearance
Coordination with Sub- consultant
1
8
8
8
4
40
4
$250
$250
$6,476
$2,882
$9,850
$6,476
$12,732
Task 3: Subtotal
Task 4: PS&E
4.1 Base Map
1
8
16
4
8
60
1
$250
$2,882
$9,764
$9,850
$16,113
$12,732
$25,877
4.2 Utility Coordination
4
2
8
4
$250
$2,387
$2,387
4.3 Conceptual Improvement Design
2
16
8
32
$7,515
$7,515
4.4 Potholing
2
$250
$642
$10,390
$11,032
4.5 ADA Ramp Improvements
1
24
8
40
$250
$9,848
$9,848
4.6 Submittals (65 %/900/o/100 %)
16
60
40
120
8
$32,069
$32,069
Task 4: Subtotal
Task 5: Traffic Signal Timing Sheets
5.1 Preparation of Timings
19
2
122
4
66
8
260
��I`
32
13
$750
$62,224
$5,163
$16,113
$10,390
$88,727
$5,163
5.2 Traffic Data (Additional)
Task 5: Subtotal
Task 6: Construction Phase
6.1 Bidding Phase
2
2
4
8
8
4
32
2
2
$250
$5,163
$3,118
$5,163
$3,118
6.2 Design Construction Support
8
4
16
$250
$3,771
$3,771
6.3 Electronic Copy of Record Drawings
4
2
50
2
$5,890
$5,890
Task 6: Subtotal
2
20
10
68
4
$500
$12,779
$12,779
TO
26
214
428
25
$2,250
$107,006
$9,850
$16,113
$10,390
$143,359
Work %
3%
26%
15%
53%
3%
76%
7%
11%
7%
NOTE:
1. Fee is negotiable prior to execution of service agreement
K �A
K Pcee A
Local Assistance Procedures Manual EXHIBIT 10 -H1
Cost Proposal
EXHIBIT 10 -H1 COST PROPOSAL Page 1 of 3
ACTUAL COST - PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark -ups are Not Allowed ❑Q Prime Consultant ❑ Subconsultant
Consultant KOA Corporation
Project Name. Lake Elsinore HSIP Cycle 9 Contract No. Date 10/6/2020
DIRECT LABOR
Classification /Title
Name
Hours
Actual Hourly Ratt
Total
Principal Engineer
Walter Okitsu
26
$86.50
$2,249.00
Senior Engineer I
Shiij eel Muhammad
214
$72.12
$15,433.68
Senior Associate Engineer
Wyatt Sing
122
$41.50
$5,063.00
Associate Engineer
Raisa Garcia/Ling Lou
428
$34.50
$14,766.00
Admin
Christine Adley
$34.80
$870.00
Total Hours 811
LABOR COSTS
a) Subtotal Direct Labor Costs $38,381.68
b) Anticipated Salary Increases (see page 2 for calculations) $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $38,381.68
INDIRECT COSTS
d) Fringe Benefits (Rate:
f) Overhead (Rate:
h) General and Administrative (Rate:
FIXED FEE
32.76% ) ;) Total Fringe Benefits [(c) x (d)] $12,573.84
36.71% ) g) Overhead [(c) x (f)] $14,089.91
78.65% ) i) Gen & Admin [(c) x (h)] $30,187.19
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $56,850.94
k) TOTAL FIXED FEE [(c) + Q)] x fixed fee: 10.00% $ 9,523.26
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) — ITEMIZE (Add additional pages if necessary)
Description of Item
Quantity
Unit
Unit Cost
Total
Other Direct Cost
LS
$2,250.00
$0.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
ECORP Environmental
Coast Survey
C Below
1) TOTAL OTHER DIRECT COSTS $2,250.UU
$9,850.00
$16,113.00
$10,390.00
m) TOTAL SUBCONSULTANTS' COSTS $36,353.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) + (m)] $38,603.00
TOTAL COST [(c) + 0) + (k) + (n)] $143,359
NOTES:
1. All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. htdirect cost rates should be based on consultant's annual accounting period and established by
a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
January 2018
CITY OF LAKE ELSINORE
K Pcee A
Local Assistance Procedures Manual
EXHIBIT 10 -H1
EXHIBIT 10 -H1 COST PROPOSAL Page 2 of 3
ACTUAL COST - PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Consultant KOA Corporation Contract No. 0 Date 10/6/2020
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor Subtotal Total Hours Avg Hourly
per Cost Proposal per Cost Proposal Rate
$38,381.68 815 = $47.09
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Avg Hourly Rate
Proposed Escalation
Year 1
Year 1
$47.09
+
5% _
$49.45
Year 2
$49.45
+
5% _
$51.92
Year 3
$51.92
+
5% _
$54.52
Year 4
$51.92
+
5% _
$54.52
Year 5
$54.52
+
5% _
$57.24
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
Total Hours
per Year
99.8
344.3
0.0
0.0
0.0
815.0
Cost per Year
$13,433.59
$26,195.50
$0.00
$0.00
$0.00
$39,629.08
$38,381.68
$1,247.40
44110
5 Year Contract
Duration
Year 1 Avg Hourly Rate
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Year 4 Avg Hourly Rate
Year 5 Avg Hourly Rate
Year 5 Avg Hourly Rate
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breal
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
January 2018
CITY OF LAKE ELSINORE
Estimated % Total Hours
Completed Each Year per Cost Proposal
Year 1
35.00% * 285.3 =
Year 2
65.00% * 529.8 =
Year 3
0.00% * 0.0 =
Year 4
0.00% * 0.0 =
Year 5
0.00% * 0.0 =
Total
100% Total =
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
Year 1
$47.09 * 285 =
Year 2
$49.45 * 530 =
Year 3
$51.92 * 0 =
Year 4
$51.92 * 0 =
Year 5
$54.52 * 0 =
Total Direct Labor Cost with Escalation =
Direct Labor Subtotal before Escalation =
Estimated total of Direct Labor Salary Increase =
Total Hours
per Year
99.8
344.3
0.0
0.0
0.0
815.0
Cost per Year
$13,433.59
$26,195.50
$0.00
$0.00
$0.00
$39,629.08
$38,381.68
$1,247.40
44110
5 Year Contract
Duration
Year 1 Avg Hourly Rate
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Year 4 Avg Hourly Rate
Year 5 Avg Hourly Rate
Year 5 Avg Hourly Rate
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Transfer to Page 1
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breal
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
January 2018
CITY OF LAKE ELSINORE
Local Assistance Procedures Manual
EXHIBIT 10-H] COST PROPOSAL Pagc 3 ot'3
Consultant KOA Corporation Contract No. 0 Date 10/6/2020
Certification of Direct Costs
K Pcee A
EXHIBIT 10 -H1
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable,
allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions ofthe contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with
applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Juan Gutierrez Title *: CFO
Signature: Date of Certification (mm/dd/yyyy): 10/712020
Email: utierrez oa .com Phone Number: 323 - 260 -4703
Address: 1100 Corporate CenterDrive, Suite 201, Monterey Park, CA 91754
*An individual executive or financial officer of the consultant's or subconsultants organization at a level no lower than a Vice President
or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost
proposal for the contract.
r.tst services me consuitant is provlamg unaer me proposea contract:
Civil Engineering, Traffic Engineering, Project Management, QA /Q(
CITY OF LAKE ELSINORE
Grant Documentation
January 2018
lV
K Pcee A
Local Assistance Procedures Manual
Cost Proposal
EXHIBIT 10 -H1 COST PROPOSAL PAGE 1 OF 3
ACTUAL COST - PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Prime Consultant rX Subconsultant ❑ 2nd Tier Subconsultant
Note: Mark -ups are Not Allowed
Consultant Coast Surveying, Inc.
Project No. Lake Elsinore HSIP Cycle 9 Contract No. Date 9/29/2020
DIRECT LABOR
Classification /Title
Name
hours
Actual Hourly Rate
Total
Survey Manager
Ruel del Castillo
1
$87.00
$87.00
Project Surveyor
Kurt Hoehn
7
$55.00
$385.00
Survey Analyst
Neil Darling
40
$47.50
$1,900.00
Survey Parry Chief**
TBD
36
$56.81
$2,045.16
SurveyChainman **
TBD
36
$48.68
$1,752.48
LABOR COSTS
Quantity
a) Subtotal Direct Labor Costs
$6,169.64
b) Anticipated Salary Increases (see page 2 for calculations)
$0.00
c) TOTAL DIRECT LABOR
COSTS [(a) + (b)] $6,169.64
INDIRECT COSTS
$0
d) Fringe Benefits (Rate: ) ;) Total Fringe Benefits [(c) x (d)]
0
f) Overhead (Rate 137.42% ) g) Overhead [(c) x (f)]
8478.319288
h) General and Administrative (Rate: ) ien & Admin [(c) x (h)]
0
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $8,478.32
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% ] $1,464.80
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) — ITEMIZE (Add additional Daees if necessarv)
Description of Item
Quantity
Unit
Unit Cost
Total
Mileage Costs
Subconsultant 2:
Mile
$0.575
$0
Equipment Rental and Supplies
$0
m) TOTAL SUBCONSULTANTS' COSTS
$0
$0
Permit Fees
TOTAL COST [(c) + 0) + (k) + (n)]
$16,113
$0
$0
Plan Sheets
with two
asterisks ( * *). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
$0
$0
Test
3. Anticipated salary increases calculation (page 2) must accompany.
$0
$0
1) TOTAL OTHER DIRECT COSTS
$0
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1:
$0
Subconsultant 2:
$0
Subconsultant 3:
$0
Subconsultant 4:
$0
m) TOTAL SUBCONSULTANTS' COSTS
$0
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) +(m)]
$0
TOTAL COST [(c) + 0) + (k) + (n)]
$16,113
NOTES:
1. Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing wage requirements must be marked
with two
asterisks ( * *). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting
period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Page 1 of 9
January 2018
CITY OF LAKE ELSINORE
Exhibit 10 -H1
V
K Pceo, A
Local Assistance Procedures Manual EXHIBIT 10 -1-11
Cost Proposal
EXHIBIT 1 0-H1 COST PROPOSAL Page 2 of 3
COST - PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
NOTES:
1 This is not the only way to estimate salary increases, Other rnethodswill be accepted if they clearlyindicate the
increase, the # of years of the contract, and a breakdown of the labor to be performed each year
2, An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not
acceptable,
(i.e $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3, This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted,
4, Calculations for anticipated salary escalation must be provided,
Page 2 of 9
January 2020
CITY OF LAKE ELSINORE
VI
Direct Labor
Total Hours per
Avg 5 Year
Subtotal per Cost
Cost Proposal
Hourly Contract
Proposal
Rate Duration
$250,000.00
500
= $50.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years
(Increase the Average Hourly
Rate for a year by proposed escalation %)
Avg Hourly Rate
Proposed Escalation
Year 1
$50,00
+ 2% _
$51.00 Year 2 Avg Hourly Rate
Year 2
$51.00
+ 2% _
$52.02 Year 3 Avg Hourly Rate
Year 3
$52,02
+ 2% _
$53,06 Year 4 Avg Hourly Rate
Year 4
$53.06
+ 2% _
$54.12 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each
year by total hours)
Estimated % Completed
Total Hours per Cost
Total Hours per
Each Year
Proposal
Year
Year 1
20,0%
5000 =
1000 Estimated Hours Year 1
Year 2
40,0%
* 5000 =
2000 Estimated Hours Year 2
Year 3
15,0%
* 5000 =
750 Estimated Hours Year 3
Year 4
15.0%
* 5000 =
750 Estimated Hours Year 4
Year 5
10,0%
* 5000 =
500 Estimated Hours Year 5
Total
100%
Total =
5000
4. Calculate Total Cos1c including Escalation (Multiply Average
Hourly Rate by the number of hours)
Avg Hourly Rate
Estimated hours
Cost per
(calculated above)
(calculated above)
Year
Year 1
$50.00
1000
= $50,000.00 Estimated Hours Year 1
Year 2
$51.00
2000
= $102,000.00 Estimated Hours Year 2
Year 3
$52.02
750
= $39,015.00 Estimated Hours Year 3
Year 4
$53.06
* 750
= $39,795.30 Estimated Hours Year 4
Year 5
$54.12
* 500
= $27,060,80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation
= $257,871.10
Direct Labor Subtotal before Escalation
= $250,000.00
Estimated total of Direct
Labor Salary
= Transfer to Page 1
Increase
$7,871.10
NOTES:
1 This is not the only way to estimate salary increases, Other rnethodswill be accepted if they clearlyindicate the
increase, the # of years of the contract, and a breakdown of the labor to be performed each year
2, An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not
acceptable,
(i.e $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3, This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted,
4, Calculations for anticipated salary escalation must be provided,
Page 2 of 9
January 2020
CITY OF LAKE ELSINORE
VI
K Pceo, A
Local Assistance Procedures Manual EXHIBIT 10 -H1
Cost Proposal
EXHIBIT 10 -H 1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the
cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in
accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172. - Procurement, Management, and
Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when
applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must
be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted
Indirect Cost Rate(s).
Prime Consultant or Subconsultant Cert
Name: Ruel del Castillo Title *:
President
Ruel del Castillo Daea202oioo7Y150406 oioo� 10/07/2020
Signature: � _� Date of Certification (mmlddlyyyy):
Email: Ruel .delCastillo @coastsurvey.com Phone Number: (714) 918 -6266
Address: 15031 Parkway Loop, Suite B, Tustin, CA 92780
*An individual executive or financial officer of the consultant's or subconsultant's organization at
a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has
authority to represent the financial information utilized to establish the cost proposal for the
contract.
to e
NAICS 541370 - Surveying and mapping services
CITY OF LAKE ELSINORE
Page 3 of 9
January 2020
VII
Local Assistance Procedures Manual
K Pcee A
Exhibit 10 -Hl
Cost Proposal
Lake Elsinore HSIP Cycle 9 EXHIBIT 10 -Hl COST PROPOSAL PAGE IOF3
yLake Elsinore HISP Traffic Signal Improvements Project
Note: Mark -ups are Not Allowed ❑ Prime Consultant ❑O Subconsultant ❑ 2nd Tier Subconsultant
Consultant ECORP Consulting, Inc. Contract No. Date 29- Sep -20
nruFrT I.Annu
Classification /Title
Name
Hours
Actual Hourly Rate
Total
QA/QC
Freddie Olmos
4.0
$53.46
$213.84
Project Manager
Alfredo Aguirre
$2,755.92
17.0
$38.46
$653.82
Environmental Planner
Lindsay Liegler
72.0
$26.44
$1,903.68
Sr. GIS Technician
Marc Guidry
2.0
$40.02
$80.04
LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for sample)
FRINGE BENEFITS
d) Fringe Benefits
INDIRECT COSTS
f) Overhead
h) General and Administrative
(Rat 68.20% )
(Rate: 44.57%
(Rate: 95.79%
FEE (Profit)
q) (Rate: 10.00% )
OTHER DIRECT COSTS (ODC)
Description
1) Travel/Mileage Costs (supported by consultant
actual costs)
Reproduction/Mail
Archival Fees
m) Subconsultant Costs (attach detailed cost proposal
in same format as prime consultant estimate for
Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
95.0
$2,851.38
$25.66
c) TOTAL DIRECT LABOR COSTS [(a) + (b)I $2,877.04
e) Total Fringe Benefits
[(c) x (d)]
$1,962.14
g) Overhead [(c) x (i)]
$1,282.30
i) Gen & Admin [(c) x (h)]
$2,755.92
j) Total Indirect Costs [(e) + (g) + (i)] $6,000.36
k) TOTAL FIXED PROFIT [(c) + 0)] x (q)] $887.74
Unit(s) Unit Cost Total
1 $85.00 $85.00
0 $0.00 $0.00
0 $0.00 $0.00
$0.00
$0.00
$0.00
Total Subconsultant Costs $0.00
p) Total Other Direct Costs [(1) + (m) + (n) + (o)] $85.00
TOTAL COST [(c) + 0) + (k) + (p)] $9,850.14
• Employees subject to prevailing wage requirements to be marked with an *.
• ODC items should be based on actual costs and supported by historical data and other documentation.
• ODC items that would be considered "tools of the trade" are not reimbursable.
ODC items should be consistently billed directly to all clients, notjust when client will pay for them as a direct cost.
• ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or
in overhead rate.
LPP 15 -01
CITY OF LAKE ELSINORE
January 14, 2015
V[[[
Local Assistance Procedures Manual
K Pcee A
Exhibit 10 -H1
EXHIBIT 10 -H1 COST PROPOSAL PAGE 2 OF 3
Lake Elsinore HISP Traffic Signal Improvements Project
(SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Consultant ECORP Consulting, Inc. Contract No. Date 29- Sep -20
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract
per Cost Proposal per Cost Proposal Rate Duration
$2,851.38 95.0 = $30.01 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %)
Estimated % Total Hours
Total Hours
Avg Hourly Rate
Proposed Escalation
per Year
Year 1
$30.01 +
3% _
$30.91
-" Year 2 Avg Hourly Rate
Year 2
$30.91 +
3% _
$31.84
Year 3 Avg Hourly Rate
Year 3
$0.00 +
0% _
$0.00
Year 4 Avg Hourly Rate
Year 4
$0.00 +
0% _
$0.00
Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours)
NOTES:
• This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
• An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
• This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
IX
CITY OF LAKE ELSINORE
Estimated % Total Hours
Total Hours
Completed Each Year per Cost Proposal
per Year
Year 1
70.00% * 95.0 -
66.5
Estimated Hours Year 1
Year 2
30.00% * 95.0 -
28.5
Estimated Hours Year 2
Year 3
0.00% * 95.0 -
0.0
Estimated Hours Year 3
Year 4
0.00% * 95.0 =
0.0
Estimated Hours Year 4
Year 5
0.00% * 95.0 =
0.0
Estimated Hours Year 5
Total
100% Total =
95.0
4. Calculate
Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Year 1
$30.01 * 66.5 =
$1,995.97
Estimated Hours Year 1
Year 2
$30.91 * 28.5 =
$881.08
Estimated Hours Year 2
Year 3
$0.00 * 0 =
$0.00
Estimated Hours Year 3
Year 4
$0.00 * 0 =
$0.00
Estimated Hours Year 4
Year 5
$0.00 * 0 =
$0.00
Estimated Hours Year 5
Total Direct Labor Cost with Escalation =
$2,877.04
Direct Labor Subtotal before Escalation =
$2,851.38
Estimated total of Direct Labor Salary Increase =
$25.66
Transfer to Page 1
NOTES:
• This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase,
the # of years of the contract, and a breakdown of the labor to be performed each year.
• An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable.
(i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
• This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
IX
CITY OF LAKE ELSINORE
Local Assistance Procedures Manual
EXHIBIT 10 -H1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
K Pcee A
Exhibit 10 -Hl
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual,
reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in
compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for
reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifying:
Name: Brant Brechbiel Title *: Vice President/CCO
Signature : Date of Certification (mm/dd/yyyy): 09/29/2020
Email: Phone Number: (714) 648 -0630
bbrechbiel (a),ecorpconsulting.com
Address: 2861 Pullman Street, Santa Ana, CA 92705
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief
Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
CEQA/NEPA Compliance Services
LPP 15 -01
CITY OF LAKE ELSINORE
January 14, 2015
K Pcee A
Local Assistance Procedures Manual EXHIBIT 10 -H1
Cost Proposal
Rearm
EXHIBIT I0 -HI COST PROPOSAL Page 1 of 3
COST - PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark -ups are Not Allowed ❑ Prime Consultant 0 Subconsultant ❑ 2' Tier Subconsultant
Consultant C Below, Inc.
Project NoLake Elsinore HSIP Cycle 9 Contract No. Date 10/01/2020
DTRRCT i.AROR
Classification /Title
Name
Hours
Actual Hourly Rate
Total
Potholing Rig Operator
tbd
20.00
$ 41.87
$ 41.87
$ 837.40
$ 837.40
$ 0.00
$ 0.00
Potholing Rig Assist.
tbd
20.00
1
Der sheet $ 550.00
$ 550.00
Mobilization
6
Der hour $ 235.00
LABOR COSTS
a) Subtotal Direct Labor Costs $ 1,674.80
b) Anticipated Salary Increases (see page 2 for calculation)
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 1,674.80
INDIRECT COSTS
d) Fringe Benefits (Rate: 0.00% ) e) Total Fringe Benefits [(c) x (d)] $ 0.00
f) Overhead (Rate: 132.211/ ) g) Overhead [(c) x (f)] $ 2,214.25
h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $ 0.00
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 2,214.25
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 0.00% ] $ 0.00
1) CONSULTANT'S OTHER DIRECT COSTS (ODC) — ITEMIZE (Add additional Dages if necessary)
Description of Item
Quantity
Unit I Unit Cost
Total
Pothole Rig Rental
3
Der day $ 705.00
$ 2.115.00
Permitting
1
each $ 1.000.00
$ 1,000.00
Traffic Control Plans
1
Der sheet $ 550.00
$ 550.00
Mobilization
6
Der hour $ 235.00
$ 1,410.00
Traffic Control
3
Der day $ 475.00
$ 1.425.00
1) TOTAL OTHER DIRECT COSTS % 6.500.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary)
Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
m) TOTAL SUBCONSULTANTS' COSTS $ 0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1) +(m)] S 6 5nn nn
TOTAL COST [(c) + 0) + (k) + (n)] $ 10.389.05
NOTES:
1. Key personnel must be marked with an asterisk ( *) and employees that are subject to prevailing wage requirements must be marked
with two asterisks ( * *). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the
consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
Page 1 of 9
January 2020
CITY OF LAKE ELSINORE
A
K Pceo, A
Local Assistance Procedures Manual EXHIBIT 10 -1-11
Cost Proposal
EXHIBIT 1 0 -H1 COST PROPOSAL Page 2 of 3
COST- PLUS -FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours)
NOTES:
1 This is not the only way to estimate salary increases, Other methodswill be accepted if they clearlyindicate the
increase, the # of years of the contract, and a breakdown of the labor to be performed each year
2, An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not
acceptable,
(i,e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3 This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted,
4 Calculations for anticipated salary escalation must be provided.
Page 2 of 9
January 2020
CITY OF LAKE ELSINORE
XII
Direct Labor
Total Hours per
Avg 5 Year
Subtotal per Cost
Cost Proposal
Hourly Contract
Proposal
Rate Duration
$250,000.00
500
= $50.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years
(Increase the Average Hourly Rate for a year by proposed escalation %)
Avg Hourly Rate
Proposed Escalation
Year 1
$50.00
+ 2% _
$51.00 Year 2 Avg Hourly Rate
Year 2
$51.00
+ 2% _
$52,02 Year 3 Avg Hourly Rate
Year 3
$52,02
+ 2% _
$53,06 Year 4 Avg Hourly Rate
Year 4
$53.06
+ 2% _
$54,12 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each
year by total hours)
Estimated % Completed
Total Hours per Cost
Total Hours per
Each Year
Proposal
Year
Year 1
20.0%
5000 =
1000 Estimated Hours Year 1
Year 2
40,0%
5000 =
2000 Estimated Hours Year 2
Year 3
15.0%
5000 =
750 Estimated Hours Year 3
Year 4
15,0%
5000 =
750 Estimated Hours Year 4
Year 5
10.0%
5000 =
500 Estimated Hours Year 5
Total
100%
Total =
5000
4. Calculate Total Costs including Escalation
(Multiply Average
Hourly Rate by the number of hours)
Avg Hourly Rate
Estimated hours
Cost per
(calculated above)
(calculated above)
Year
Year 1
$50.00
1000
= $50,000,00 Estimated Hours Year 1
Year 2
$51,00
2000
= $102,000.00 Estimated Hours Year 2
Year 3
$52,02
750
= $39,015.00 Estimated Hours Year 3
Year 4
$53,06
750
= $39,795.30 Estimated Hours Year 4
Year 5
$54.12
500
= $27,060,80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation
= $257,871.10
Direct Labor Subtotal before Escalation
= $250,000.00
Estimated total of Direct Labor Salary
= Transfer to Page 1
Increase
$7,871.10
NOTES:
1 This is not the only way to estimate salary increases, Other methodswill be accepted if they clearlyindicate the
increase, the # of years of the contract, and a breakdown of the labor to be performed each year
2, An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not
acceptable,
(i,e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)
3 This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted,
4 Calculations for anticipated salary escalation must be provided.
Page 2 of 9
January 2020
CITY OF LAKE ELSINORE
XII
K Pceo, A
Local Assistance Procedures Manual EXHIBIT 10 -H1
Cost Proposal
EXHIBIT 10 -1-11 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the
cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in
accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
1 Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172. - Procurement, Management, and
Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when
applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must
be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted
Indirect Cost Rate(s).
Prime Consultant or Subconsultant Certifvina:
Name: Ashley Salvino
Sippinature : -rte
U
Email: ashleys @cbelow.com
Address: 14280 Euclid Avenue Chino CA 91710
Title *: VP
Date of Certification (mm /dd /yyyy): 10/06/2020
Phone Number: 888-902 -3569
*An individual executive or financial officer of the consultant's or subconsultant's organization at
a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has
authority to represent the financial information utilized to establish the cost proposal for the
contract.
tract:
Utility potholing
CITY OF LAKE ELSINORE
Page 3 of 9
January 2020
XIII
MCOI005
LOS ANGELES I CORPORATE OFFICE
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
(323) 260 -4703
ORANGE COUNTY OFFICE
2141 W. Orangewood Avenue
Orange, CA 92868
(714) 573 -0317
INLAND EMPIRE OFFICE
3190 Shelby Street, Bldg C.
Ontario, CA 91764
(909) 890 -9693
SAN DIEGO OFFICE
5095 Murphy Canyon Road, Suite 330
San Diego, CA 92123
(619) 683 -2933
COACHELLA VALLEY OFFICE
78 -405 Via Caliente
La Quinta, CA 92253
(760) 694 -1716
WEST LOS ANGELES OFFICE
300 Corporate Pointe, Suite 470
Culver City, CA 90230
(310) 473 -6508
K P(eor A www.koacorp.com