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HomeMy WebLinkAboutItem No. 20 - PSA David Evans & Assoc. Inc. Landscape Architectural ServiceCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 22-020 Agenda Date: 1/11/2022 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 20) Professional Services Agreement with David Evans and Associates Inc. for Landscape Architectural Services Approve and Authorize the City Manager to execute a Professional Services Agreement for Landscape Architectural Services with David Evans and Associates Inc. for the Lakeshore Drive Parkways, Lincoln Street Parkways and Medians, Terra Cotta Road Parkways, Railroad Canyon Road Median Improvements, and Via De La Valle Parkways in the amount of $261,982.00, in such final form as approved by the City Attorney. Page 1 City of Lake Elsinore Printed on 1/6/2022 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Rick De Santiago, Public Works Manager Date: January 11, 2022 Subject: Professional Services Agreement with David Evans and Associates Inc. for Landscape Architectural Plan Services Recommendation Approve and Authorize the City Manager to execute a Professional Services Agreement for Landscape Architectural Services with David Evans and Associates Inc. for Lakeshore Drive Parkways, Lincoln Street Parkways and Medians, Terra Cotta Road Parkways, Railroad Canyon Road Median Improvements, and Via De La Valle Parkways in the amount of $261,982.00, in such final form as approved by the City Attorney. Background Public Works staff have reached out to David Evans and Associates for proposals to develop conceptual landscape architectural plans on five City streets (Lake Lakeshore Drive, Lincoln Street Parkways and Medians, Terra Cotta Road Parkways, Railroad Canyon Road Median Improvements, and Via De La Valle Parkways). The conceptual designs intend to establish landscape options for plant mix, irrigation systems, hardscape enhancements, and area coverage for these three roadways. David Evans and Associates has effectively provided landscape, art, and aesthetic design concepts for the City on several other projects. Also, they have produced additional design materials to satisfy Caltrans’s requirements for transportation art on Caltrans’s roadways in the City. Discussion In this agreement, David Evans and Associates shall provide landscape architectural services surrounding the site- visit/scoping and conceptual parkway plans. Also included in this agreement is minimal compensation for David Evans and Associates for reimbursable items. In the site- visit/scoping phase, a site visit with City staff will be conducted to confirm the focus areas for the conceptual plans. At this point, any issues such as existing plant material that should be preserved, the status of existing irrigation system and types of improvements desired (mulch vs. gravel or DG, density and type of shrub plantings, tree selection, etc.) will be covered, documented, and considered in the overall plan. The conceptual parkway plans will be prepared David Evans and Associates Inc. January 11, 2022 Page 2 to utilize street improvements and/or landscape plans provided by the City and/or publicly accessible aerial images. David Evans and Associates will prepare two different conceptual plans for each project area. Here, suggestions for planting improvements that provide color and interest will work well with existing plantings that may remain. The concepts will also consider the use of inert materials such as crushed rock, decomposed granite, and mulch. Proposed plant and inert materials will also be provided in addition to a construction cost estimate for each. Below is the proposed cost for each of the tree roadway designs: Following the approval of this agenda item, a professional services agreement will be executed, and David Evans and Associates will begin the proposed work. Professional services, coordination, and project management oversight during this conceptual design segment of this project are needed to ensure all expectations are satisfied by David Evans and Associates. Fiscal Impact Conceptual Landscape Location Site Visit/ Scoping Conceptual Plans Reimbursable Items Sub Total Lake Lakeshore Drive $4,500 $11,750 $350 $16,600 Lincoln Street Parkways and Medians $5,600 $15,400 $350 $21,350 Terra Cotta Road Parkways $4,100 $8,700 $250 $13,050 Total $51,000 Location Base Sheet Prep Field Investigation Updated Design Construction Documents Reimbursable Items Sub Total Railroad Canyon Road Median Improvements $7,400 $7,900 $17,900 $74,900 $650 $108,750 Total $108,750 Landscape Architectural Landscape Architectural Location Title Sheet Preparation Field Investigation Construction Documents Reimbursable Items Sub Total Via De La Valle $1,330 $2,804 $22,036 $650 $26,820 Lincoln Street Parkways and Median $2,805 $3,089 $49,791 $650 $56,335 Terra Cotta Road Parkway $1,040 $1,632 $15,755 $650 $19,077 Total $102,232 Total Contract Amount $261,982 David Evans and Associates Inc. January 11, 2022 Page 3 Funds are available in the City’s Fiscal Year 21/22– 25/26 Capital Improvement Plan (CIP) budget. Exhibits A – Agreement B – Lakeshore Drive Conceptual Plans C – Lincoln Street Conceptual Plans D – Terra Cotta Conceptual Plans E – Railroad Canyon Landscape Plans F – Via De La Valle Landscape Plans G – Lincoln Street Landscape Plans H – Terra Cotta Landscape Plans Exhibit 2.1 - Design Professional Services Agmt.LMM 101819Page 1 AGREEMENT FOR PROFESSIONAL SERVICES David Evans and Associates Inc. Landscape Architectural Services This Agreement for Professional Services (the “Agreement”) is made and entered into as of January 11, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and David Evans and Associates, Inc., a Oregon Corporation ("Contractor "). RECITALS A. The City has determined that it requires the following professional services: Landscape Architectural Services for Lakeshore Drive, Lincoln Street Parkways and Medians, Terra Cotta Road Parkways, Railroad Canyon Road Median Improvements, and Via De La Valle Parkway. B. Contractor has submitted to City a proposal, dated August 31, 2021, attached hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Contractor 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 Contractor to perform the services as provided herein and Contractor desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services described in Contractor’s Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor’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 Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor’s Proposal (Exhibit A). b. Performance Schedule. Contractor 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 Contractor’s Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. 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 Contractor’s Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Contractors’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor’s compensation exceed Two- Hundred Sixty-One Thousand Nine Hundred Eighty-Two dollars and zero cents ($261,982.00) without additional written authorization from the City. Notwithstanding any provision of Contractor’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. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. 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 Contractor’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 Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor 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 Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein. Page 3 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’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 Contractor shall be immediately referred to City, without any other actions by Contractor. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. 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 Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City’s name or insignia, photographs relating to project for which Contractor’s services are rendered, or any publicity pertaining to the Contractor’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. Contractor 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 Co ntractor to this Agreement. Page 4 b. Contractor 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 Contractor’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 Contractor’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 Contractor, Contractor’s representatives, or Contractor’s successor-in-interest. 9. Independent Contractor. a. Contractor 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 Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor as provided in the Agreement, Contractor 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 Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor 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. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or Page 5 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 Contractor’s services hereunder. Contractor 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. Contractor 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 Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor 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 Contractor’s field of expertise. 13. Compliance with Laws. a. Contractor 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 Contractor and/or its employees, officers, or board members. b. Contractor 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. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during th e term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 15. Indemnity. a. Indemnification for Professional Liability. To the fullest extent permitted by law, Contractor 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 Page 6 Contractor. Contractor’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Contractor’s proportionate percentage of fault. Contractor’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 Contractor’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Contractor’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. 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 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 Page 7 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 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. Page 8 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. 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: David Evans and Associates Inc. Attn: Kim S. Rhodes, PLA 3867 4141 E. Inland Empire Blvd., Suite 250 Ontario, CA 91764 Page 9 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. 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. Page 10 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 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] Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager “CONTRACTOR” David Evans and Associates, a Oregon Corporation By: Kim S. Rhodes, PLA 3867 Its: Vice President Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] EXHIBIT B EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] EVAI' CIATT August 31,2021 Rick De Santiago Public Works Manager City of Lake Elsinore Corporate Yard 521 North Langstaff St Lake Elsinore, CA 92530 SUBJECT: CONCEPTUAL LANDSCAPE ARCHITECTURAL PTSNS FOR LAKESHORE DRIVE PARKWAYS IN THE C]TY OF LAKE ELSINORE Dear Rick. On behalf of David Evans and Associates, lnc. (DEA), we are pleased to provide you with a proposal for conceptual landscape plans for parkway improvements on Lakeshore Drive between Jenigan St. and Grand Ave. The limits of work are shown on the attached diagram. Two distinctly different conceptual designs will be prepared for representative sections of the roadway. Task 1 - Site Visit and Scoping- $4,500 To assist in the preparation of this proposal, several sets of street improvement plans were provided to us by the city. The only portion of this project that is covered by those plans is a section of parhray on the north side of Lakeshore Drive between Jerrigan St. and Dryden St. lf additional plans exist, they can be provided by the city at the start of work. A site visit with City staff will be conducted to confirm the focus areas for our conceptual plans. lssues such as existing plant material that should be preserved, the status of existing irrigation system and types of improvements desired (mulch vs. gravel or DG, density and type of shrub plantings, tree selection. etc.) will be covered in this meeting. Task 2 - Conceptual Parkway Plans - $11,750 The conceptual plans will be prepared utilizing street improvement and/or landscape plans provided by the City andlor publicly accessible aerial images. DEA will prepare two'distinctly different' conceptual plans for two or three representative zones within the proiect area. Each zone will be a maximum of 400' in length. We will make suggestions for planting improvements that provide color and interest, but will work well with existing plantings that may remain. The concepts will also consider use of inert materials such as crushed rock, decomposed granite and mulch. lmages of proposed plant and inert materials will also be provided in 4141 E. lnland Empire Blvd., Suite 250, Ontario CA 91764 T:{ 909)481-5750 F: (909)481-5757 August 30, 2021 City of Lake Elsinore Conceptual Landscape Plans for Lakeshore Or. Page 2 addition to a construction cosl estimate for each option (just for the sample section, not for the entire proJect area). Deliverables - 20 scale conceptual plan (color), image boerd, cost estimafe Task 3 - Reimbursable ltems - $350 (for budgetary purposes) llems such as reproduction/ plotting services, mileage, and delivery costs (Federal Express, UPS, etc.) are considered reimbursable expenses and will be charged at actual cost plus 10%. Excluslons 1. Survey or mapping 2. Electrical Engineering / Lighting plans 3. Monument / signage design 4. Final Plans, Specs and Estimates (proposal for said services to follow at a later date). Any service requested that does nol fall within the scope of services listed, or any duplication of work due to changes desired by the City of Lake Elsinore, will be performed on an 'Extra Services" basis and negotiated accordingly. Our DEA team is available to begin work immediately following issuance of a notice to proceed. lf you have any questions or need clarification on any item, please feel free to call. We thank you once again for your consideration of our qualifications and look forward to discussing this proposal with you. Should you have any questions or comments regarding this proposal, please feelfree to contacl me at (909) 561-7362. We would be happy to ad.iust the scope as needed to insure we provide the level of service that is consistent with your needs. Sincerely, David Evans and Associates, lnc. ( k/-^- l. fr.Ai/-b Kim S. Rhodes, PLA 3867 Vice President CITY OF LAKE ELSINORE ' Lnkesnone oRrvE penrwn" ae,uoicepe RENovATIoN-LrMtrs oF woRK DAVID EVANS ASSOCIATES August 31, 2021 Rick De Santiago Public Works Manager City of Lake Elsinore Corporate Yard 521 North Langstaff St. Lake Elsinore, CA 92530 SUBJECT: CONCEPTUAL I-ANDSCAPE ARCHITECTURAL PLANS FOR LINCOLN STREET PARKWAYS AND II,EO]AIIIS IN THE CITY OF LAKE ELSINORE Dear Rick, On behalf of David Evans and Associates, lnc- (DEA), we are pleased to provide you with a proposal for conceptual landscape plans for parkway and median improvements on Lincoln St. between Grand Ave. and lhe end of the road at Rice Canyon. The limits of work are shown on the attached diagram. Two distinctly differeni conc€ptual designs will be prepared for representative sections of the roadway. Task 1 - Site Visit and Scoping- $5,600 To assist in the preparation of this proposal, several sets of street improvement plans were provided to us by the city. Portions of this project are mvered by those plans. lf additional plans exist, they can be provided by the city at the start of work. A sits visit with City staff will be conducted to confirm the focus areas for our conceptual plans. lssues such as existing plant material that should be preserved, the status of existing inigation system and types of improvements desired (mulch vs. gravel or DG, density and type of shrub plantings, tree selection, etc.) will be covered in this meeting. Task 2 - Conceptual Parkway Plans - 315,400 The conceptual plans will be prepared utilizing street improvement and/or landscape plans provided by the City and/or publicly accessible aerial images. DEA will prepare two 'distinctly different' conceptual plans for two or three representative zones within the project area. Each zone will be a maximum of 400' in length. We will make suggestions for planting improvements that provide color and interest, but will work well with existing plantings that may remain. The concepts will also consider use of inert materials such as crushed rock, decomposed granile and mulch. lmages of proposed plant and inert materials will also be provided in 4141 E. lnland Empir€ Blvd., Suite 250, Ontario, CA 91764 T;( 909) 481-5750 F: (909) 481-5757 August 31 , 2021 City of Lake Elsinore Conceptual Landscape Plans for Lincoln St. Page 2 addition to a construclion cost estimate for each option (just for the sample section, not for the entire project area). Deliverables - 20 scale conceptual plan (color), image board, cost eslimate Task 3 - Reimbursable ltems - $350 (for budgetary purposes) Items such as reproduction/ plotting services, mileage, and delivery costs (Federal Express, UPS, etc.)are considered reimbursable expenses and will be charged at actual cost plus 10%. Exclusions 1. Survey or mapping 2. Electrical Engineering / Lighting plans 3. Monument / signage design 4. Final Plans, Specs and Estimates (proposal for said servaces io follow at a later date). Any service requested that does not fall within the scope of services listed, or any duplication of work due to changes desired by the City of Lake Elsinore, will be performed on an "Extra Services" basis and negotiated accordingly. Our OEA team is available to begin work immediately following issuance of a notice to proceed. lf you have any questions or need clarification on any item, please feel free to call. We thank you once again for your consideration of our qualifications and look forward to discussing this proposal with you. Should you have any questions or comments regarding this proposal, please feel free to contact me al (909) 561-7362. We would be happy to adjust the scope as needed to insure we provide the level of service that is consistent with your needs. Sincerely, David Evans and Associates, lnc. g%,-_k/,r-- / frAz/l* Todd Holmes, PLA 3561 Associale Kim S. Rhodes, PLA 3867 Vice President CITY OF LAKE ELSINORE' - [m-c-ouru srneEr pAnKWAY AND MEoIAN LANoSCAPE RENovATIoN - LlMlrs oF woRK ffi:fr*E: sGl TOF August 31, 2021 Rick De Santiago Public Works Manager City of Lake Elsinore Corporate Yard 521 North Langstaff St. Lake Elsinore, CA 92530 SUBJECT: CONCEPTUAL LANDSCAPE ARCHTTECTURAL PLANS FORTERRA COTTA ROAD PARKWAYS IN THE CITY OF LAKE ELSINORE Dear Rick, On behalf of David Evans and Associates, lnc. (DEA), we are pleased to provide you with a proposal f,or conceptual landscape plans for parkway improvements on Tena Cotta Road between Lakeshore Dfive and the end of the road. The limits of work are shown on the attached diagram. Sinc6 this proiect area is fairly short, a conceptual plan for the entire area will be prepared. Two distinctly difierent conceptual designs will be prepared. Task 'l - Site Visit and Scoping- S4,100 To assist in the preparation of this proposal, several sets of streel improvement plans were provided to us by the city. No part of this project is covered by those plans. lf additional plans exist, they can be provided by the city at the start of work. A site visit with City staff will be conducted to conlirm the focus areas for our conceptual plans. lssues such as existing plant material that should be preserved, the status of existing inigation system and types of improvements desired (mulch vs. gravel or DG, density and type of shrub plantings, tree selection, etc.) will be covered in this meeting. Task 2 - Concoptual Parkway Plans - i8,700 The conceptual plans will be prepared ulilizing street improvement and/or landscape plans provided by the City and/or publicly accessible aerial images. DEA will prepare two 'distinctly different' conceplual plans for the project area. We will make suggestions for planting improvements that provide color and interest, but will work well with existing plantings that may remain. The concepts will also consider use of inert materials such as crushed rock, decomposed granite and mulch. lmages of proposed plant and inert materials will also be provided in 4141 E. lnland Emprre Blvd. Suite 250.ontano, CA91764 T:(909)481-5750 F: (909)481-5757 August 3'l, 2021 City of Lake Elsinore Conceptual Landscape Plans for Tena Cotta Road Page 2 addition to a construction cost estimate for each option Uust for the sample section, not for the entire project area). Deliverables - 20 scale conceptual plan (colo), image board, cost estimale Task 3 - Reimbursable ltems - $250 (for budgetary purposes) Items such as reproduction/ plotting services, mileage, and delivery costs (Federal Express, UPS, etc.)are considered reimbursable expenses and will be charged at actual cost plus 10%. Erclusions 1. Survey or mapping 2. Electrical Engineering / Lighting plans 3. Monument / signage design 4. Final Plans, Specs and Estimates (proposal for said services to follow at a later date). Any service requested that does not fall within the scope of services listed, or any duplication of work due to changes desired by the City of Lake Elsinore, will be performed on an 'Extra Services" basis and negotiated accordingly. Our DEA team is available to begin work immediately following issuance of a notice to proceed. lf you have any questions or need clarilication on any item, please feel free to call. We thank you once again for your consideration of our qualifications and look fonaard to discussing this proposal with you. Should you have any questions or comments regarding this proposal, please feel free to conlact me at (909) 561-7362. We would be happy to adjust the scope as needed to insure we provide the level of service that is consistent with your needs. Sincerely, David Evans and Associates, lnc. 4/&*---/ i/ L Todd Holmes, PLA 3561 Associate k*"^- / frAnlb Kim S. Rhodes, PLA 3867 Vice President CITY OF LAKE ELSINORE TERRA COTTA RD. LANDSCAPE RENOVATION. LIMIIS OF WORK DAVID EVI\NS ASSOCIATES,N August 26, 2021 Rick De Santiago Public Works Manager City of Lake Elsinore Corporate Yard 521 North Langstaff St. Lake Elsinore, CA 92530 SUBJECT: LANDSGAPEARCHITEGTURAL CONSTRUCTION DOCUMENTS FOR RAILROAD CANYON ROAD MEOIAN IMPROVEMENTS IN THE CITY OF LAKE ELSINORE Dear Rick, On behalf of David Evans and Associates, lnc. (DEA), we are pleased to provide you with a proposal for landscape architectural services for median improvements on Railroad Canyon Road between Grape Street and Canyon Hills Road - an approximate distance of 2.25 miles. ln 2019, DEA prepared conceptual plans for the Railroad Canyon Road median improvements and those plans will be used as a basis for the design of this project. Those conceptual plans provided a typical section of median rather than a conceptual plan for the entire length of the project. Based upon input provided by your team indicating that Alternative 3 was the desired concept, DEA proposes the following scope of services and fees. Task 1 - Base Sheet Preparation - $7,400 Utilizing the as-built street improvement CADD files, base sheets will be developed at 20 scale that will be used for the preparation of project plans. DelNerables - 20 scale base sheets in AutoCAD 2019 DWG format Task 2 - Field lnvestigation - $7,900 A two-day field investigation site visit by two DEA team members along with City staff will be conducted to field verify locations of various structures such as visible utilities and existing plant material. Constructability issues will also be evaluated during the sate visit. Deliverables - Updated 20 scale base sf,eefs, two days of site visits and two viftual meetings with City staff. 4141 E lnland Empire Blvd , Suite 250, Ontario, CA 9'1764 T:( 909) 481-5750 F: (909)481-5757 August 26, 2019 City of Lake Elsinore Railroad Canyon Road Median lmprovements Page 2 Task 3 - Updated Conceptual Design / Preliminary Estimate- $17,900 An updated conceptual plan and preliminary cost estimate will be prepared for the median improvements based on the 2019 conceptual designs. Since the prior conceptual plan is generic in nature, a conceptual plan for the project will be needed to layout elements such as maintenance pullouts, limits of hardscape where the median narrows at turn pockets and any existing plant material that might possibly remain in the median. A 600' section of landscaped median will be conceptually designed at 20 scale and a supplemental exhiblt will highlight the proposed hardscape improvements including maintenance vehicle pull outs. Deliverables - Hardscape conceptual exhibit, 600'20 scale landscape concept plan, preliminary cost estimate, preliminary details, two viftual meetings with City staff Task 4 - Construction Documents - $74,900 Plans, specifications, and estimates will be prepared for the proposed work. . Demolition Plans - $5.500 - These plans will indicate the limits of removal of inert materials, plant material, irrigation equipment, and electrical appurtenances and to identify items to be protected in place. . Construction Plans - 59.300 - These plans will indicate proposed hardscape and inert materials and will include maintenance pullouts (using City standard details for curb cuts and paving sections, hardscape in medjan at turn lanes and mow curbs. o lrrioation Plans - $30.900 - The plans will indicate the point(s) of connection, backflow prevention method, pressure regulation (as necessary), and equipment size and type in the irrigation legend. The design plans will comply with AB1881 This task also includes water agency coordination as needed. . Plantino Plans - $17,500 - Plans will include a plant legend, information regarding inert materials, decorative rock, boulders, and hardscape improvements. The plant legend will indicate the botanical and common names, quantity, size, and remarks. . Details and Technical Specifications - $7.900 . Estimate of orobable construction costs. Bid schedule and oav item descriptions - $3.800 . One site visit and five virtual meetings with City staff - Cost included in tasks above Deliverables - 20 scale plans submifted at 65%, 95% and 100%. Assumptions 1. Existing water and electrical services will be used in their current locations and no new water or electrical services will be added to the project site as a part of this work. Exclusions 1. Technical specifications beyond what is noted Inthis proposal. 2. Preparation of City boilerplate specif catlons. 3. NPDES/LlD compliance measures August 26, 20'19 City of Lake Elsinore Railroad Canyon Road Median lmprovements Page 3 4. SWPPP/SWPPP Permitting/Erosion control plans 5. GeotechnicalseNices 6. Constructionsupport 7. Electrical Engineering / Lighting plans 8. As-built drawings Task 5 - Reimbursable ltems - $650 (for budgetary purposes) Items such as reproduction/ plotting services, mileage, and delivery costs (Federal Express, UPS, etc.) are considered reimbursable expenses and will be charged at actual cost plus'10%. Any service requested that does not fall within the scope of services listed, or any duplication ofwork due to changes desired by the City of Lake Elsinore, will be performed on an "Extra Services" basis and negotiated accordingly. Our DEA team is available to begin work immediately following issuance of a notice to proceed. lf you have any questions or need clarification on any item, please feel free to call. We thank you once again for your consideration of our qualifications and look forward to discussing this proposal with you. Should you have any questions or comments regarding this proposal, please feel free to contact me at (909) 561-7362. We would be happy to adjust the scope as needed to insure we provide the level of service that is consistent with your needs. Sincerely, David Evans and Associates, lnc. k).-- / Pbl-r* Kim S. Rhodes, PLA 3867 Vice President odd Hol DAVID EVANS aNo ASSOC IATES ruc Decembet 22,2021 Rick De Santiago Public Works Manager City of Lake Elsinore Corporate Yard 521 North Langstaff St. Lake Elsinore, CA 92530 SUBJECT: LANOSCAPE ARCHITECTURAL CONSTRUCTION DOCUMENTS FOR VIA DE LA VALLE PARKWAY IMPROVEMENTS IN THE CITY OF LAKE ELSINORE Dear Rick, On behalf of David Evans and Associates, lnc. (DEA), we are pleased to provide you with a proposal for landscape architectural Services for parkway improvements on Via De La Valle. The limits of work are shown on the attached exhibit. All landscaping will be between the equestrian trail and the curb on the west side of the street and between the sidewalk and curb on the east side of the street. The only exception will be the monument area. DEA has prepared conceptual plans for the via De La valle parkway improvements and the planting layout on those plans will be used as a basis for the design of this project. The base sheets will be prepared using the aerial plans downloaded from the internet, as was done for the conceptual plans. DEA proposes the following scope of services and fees: Task 1 - Base , Title Sheet Preparation - $1,330 Base sheets, using the city's template, will be developed at 20 scale that will be used for the preparation of project plans. A title sheet will be prepared using the City's standard format' Deliverables - 20 sca/e base sfleets,n AutoCAD 2019 DWG format. Task 2 - Field lnvestigation - $2,804 A fietd investigation site visit by two DEA team members along with City staff will be conducted io field verify locitions of various structures such as visible utilities and existing irrigation components. Construciability issues will also be evaluated during the site visit. Soil samples will be taken for testlng during the site visit as required under MWELO. Deliverables - Updated 20 scale base sheets. 4141 E. lnland Empire Blvd., Suite 250, ontario, CA 917 T:(909) 481-5750 F: (909)481-5757 Decembet 22,2021 City of Lake Elsinore Via De La Valle Parkway lmprovements Page 2 Task 3 - Construction Documents - $17,902 Plans, sheet speciflcations, and estimates will be prepared for the proposed work. Three virtual meetings are included in this task. . Demolition Plans - $1.970 - These plans will rndicate the limits of removal of inert materlals, plant material and irrigation equipment and will identify items to be protected in place. . Construction/Plantino Plans - $3.250 - Plans will include a plant legend, information regarding inert materials, decorative rock, boulders, and hardscape improvements. The plant legend will indicate the botanical and common names, quantity, size, and remarks. . lrrioation Plans-$7.914 -Theplanswill indicate the layoutof the entire system, the pointof connection, backflow prevention method, pressure regulation (as necessary), and equipment slze and type in the irrigation legend. The design plans will be fully compliant with A81881 . . Details and Sheet Soecifications - $2.792 . Estimate of orobable construction costs - $1,976 Deliverables - 20 scale plans submifted at 95% and 100%, estimate of probable cost. TOTAL FEE . $22.036 Assumptions 1 . Existing water and electrical services will be used in their current locations and no new water or electrical services will be added to the prolect site as a part of this work.2. Sleeves exist and can be re-used for this prolect at street crossings. 3. Since the base for our drawings will be an aerial image obtained online, there may be minor field adjustments needed based on actual conditions. Exclusions 1. Technical speciftcations beyond what is noted in this proposal 2. Modifications to fencing or other features beyond outer edge of sidewalk or DG trail.3. Preparation of City boilerplate specifications4. SWPPP/SWPPP Permitting/Erosion control plans 5. Bidding/construction support 6. As-built drawings Reimbursable ltems - $550 (for budgetary purposes) Items such as reproduction/ plotting services, mileage, and delivery costs (Federal Express, UpS, etc.) are considered reimbursable expenses and will be charged at actual cost plus 10%. Any service requested that does not fall within the scope of services listed, or any duplication of work due to changes desired by the City of Lake Elsinore, will be performed on an "Extra Services" basis and negotiated accordingly. Our DEA team is available to begin work immediaiely following issuance of a notice to proceed. lf you have any questions or need clariflcation on any item, please feel free to call. We thank you Deember22,2021 City of Lake Elsinore Via De La Valle Parkway lmprovements Page 3 once agein for your consideration of our qualifications and look forward to discussing this proposal with you. Should you have any questions or comments regarding this proposal, please feel free to contact me at (909) 561-7362. We would be happy to adjust the scope as needed to insure we provide the level of service that is consistent with your needs. Sincerely, David Evans and Associates, lnc. ruu"^- /. frJ,44-/- Kim S. Rhodes, PLA 3867 Vice President 'odd Holmes, PLA 3561 CITY OF LAKE ELSINORE VIA DE LA VALLE LANDSCAPE RENOVATION - LIMITS OF WORK AUGUST 202,1 EV- DAV|D EVANSE l-rel ^roAssoc|aTEs'ic. fnY "''",iiiii :ild;"i:,*'" "' DAVID EVANS ANO ASSOC IATES Decembet 23,2021 Rick De Santiago Public Works Manager City of Lake Elsinore Corporate Yard 521 North Langstaff St. Lake Elsinore, CA 92530 SUBJECT: LANDSCAPEARCHITECTURALCONSTRUCTION DOCUITENTSFORLINCOLN STREET PARKWAY AND MEOIAN LANDSCAPE IMPROVEMENTS IN THE GITY OF LAKE ELSINORE Dear Rick, On behalf of David Evans and Associates, lnc. (DEA), we are pleased to provide you with a proposal for landscape architectural services for parkway and median landscape improvements on Lincoln Street. The limits of work are shown on the attached exhibit. All landscaping and irrigation will be within the dedicated right-of-way. This proposal is based on the assumption that DEA will prepare conceptual plans for the Lincoln Street parkway improvements per our prior proposal for that work. The planting layout on those plans will be used as a basis for the design of this project. The base sheets will be prepared using the aerial plans downloaded from the internet, as will be done for the conceptual plans. This proposal is priced as a stand-alone project, per City request, if multiple streetscape prolects are designed concurrently, we can revisit our proposed fees. DEA proposes the following scope of services and fees: Task 1 - Base / Title Sheet Preparation - $2,805 Base sheets, using the City's template, will be developed at 20 scale that will be used for the preparation of project plans. A title sheet will be prepared using the City's standard format. Deliverables - 20 scale base sheets in AutoCAD 2019 DWG format. Task 2 - Field lnvestigation - $3,089 A field investigation site visit by two DEA team members along with City staff will be conducted to field verify locations of various structures such as vislble utilities and existing irrigation components. Constructability issues will also be evaluated during the site visit. Soil samples will be taken for testing during the site visit as required under MWELO. Deliverables - Updated 20 scale base s/,eets. 4141 E. lnland Empire Blvd., Suite 250, ontario, CA 91764 T:( 909)481-5750 F: (909)481-5757 Decembet 23,2021 City of Lake Elsinore Lincoln Street Parkway lmprovements Page 2 Task 3 - Construction Documents - $43,897 Plans, sheet speciflcations, and estimates will be prepared for the proposed work. Three virtual meetings are included in this task. . Demolition Plans - $6.490 - These plans will indicate the limits of removal of inert materials, plant material and irrigation equipment and will identify items to be protected in place. . Construction/Plantino Plans - $7.420 - Plans will include a plant legend, information regarding inert materials, decorative rock, boulders, and hardscape improvements. The plant legend will indicate the botanical and common names, quantity, size, and remarks. . lrrioation Plans-$21,140 -Theplanswill indicate the layout of the entire system, the point of connection, backflow prevention method, pressure regulation (as necessary), and equipment size and type in the irrigation legend. The design plans will be fully compliant with A81881 . . Details and Sheet Soecifications - $4.019 . Estimate of orobable construction costs - $4.828 Deliverables - 20 scale plans submifted at 95% and 100%, estimate of probable cost. TOTAL FEE. S49.791 Assumptions 1 . Existing water and electrical services will be used in their current locations and no new water or electrical services will be added to the prolect site as a part of this work. 2. Sleeves exrst and can be re-used for this prgect at street crossings. 3. Since the base for our drawings will be an aerial image obtained online, there may be minor field adjustments needed based on actual conditions. Exclusions 1. Technical specifications beyond what is noted in this proposal 2. Phasing of prolect / additive-alternate designs 3. Modifications to fencing or other features beyond outer edge of sidewalk or DG trail. 4. Preparation of City boilerplate specifications 5. SWPPP / SWPPP Permitting/Erosion control plans 6. Bidding/construction support 7. As-built drawings Reimbursable ltems - $650 (for budgetary purposes) Items such as reproduction/ plottang services, mileage, and delivery costs (Federal Express, UPS, etc.) are considered reimbursable expenses and will be charged at actual cost plus 10%. Any service requested that does not fall within the scope of services listed, or any duplication of work due to changes desired by the City of Lake Elsinore, will be performed on an "Extra Services" basis and negotiated accordingly. Oecembet 23.2021 City of Lake Elsinore Lincoln Street Parkway lmprovements Page 3 Our DEA team is available to begin work immediately following issuance of a notice to proceed. lf you have any questions or need clarification on any item, please feel free to call. We thank you once again for your consideration of our qualifications and look foruvard to discussing this proposal with you. Should you have any questions or comments regarding this proposal, please feel free to contact me at (9Og) 561-7362. We would be happy to adjust the scope as needed to insure we provide the level of service that is consistent with your needs. Sincerely, David Evans and Associates, lnc. kL,^- / ftA./-.* Kim S. Rhodes, PLA 3867 Vice President 1,300 t.f. CITY OF LAKE ELSINORE TERRA COTTA RD. LANDSCAPE RENOVATION . LIMITS OF WORK E\a oavro EvANaE)-rCr ^io as soc I aT E s'rc. TnY "'',iii:l :l*i:ld;'" "' 5G TOF December 23, 2021 Rick De Santiago Public Works Manager City of Lake Elsinore Corporate Yard 521 North Langstaff St. Lake Elsinore, CA 92530 SUBJECT: LANDSCAPE ARCHITECTURAL CONSTRUCTION DOCUMENTS FOR TERRA COTTA ROAD PARKWAY LANDSCAPE IMPROVEMENTS IN THE CITY OF LAKE ELSINORE Dear Rick, on behalf of David Evans and Associates, lnc. (DEA), we are pleased to provide you with a proposal for landscape architectural services for parkway landscape improvements on Terra Cotta Road. The limits of work are shown on the attached exhibit. All landscaping and irrigation will be within the dedicated rightof-way. This proposal is based on the assumption that DEA will prepare conceptual plans for the Terra Cotta Road parkway improvements per our prior proposal for that work. The planting layout on those plans will be used as a basis for the design of this project. The base sheets will be prepared using ihe aerial plans downloaded from the internet, as will be done for the conceptual plans. This proposal is priced as a stand-alone project, per City request, if multiple streetscape projects are designed concurrently, we can revisit our proposed fees. DEA proposes the following scope of services and fees: Task 1 - Base / Title Sheet Preparation - $1,040 Base sheets, using the city's template, will be developed at 20 scale that will be used for the preparation of project plans. A title sheet will be prepared using the City's standard format' Deliverables - 20 sca/e base sfieets,n AutoCAD 2019 DWG format. Task 2 - Field lnvestigation - $1,632 A field investigation site visit by two DEA team members along with City staff will be conducted to field verify locitions of various structures such as visible utilities and existing irrigation components. Construciability issues will also be evaluated during the site visit. Soil samples will be taken for testing during the site visit as required under MWELO. Deliverables - Updated 20 scale base sheets. 4141 E. lnland Empire Blvd., Suite 250, ontario, CA 91764 T:(909)481-5750 F: (909) 481-5757 Decembet 23,2021 City of Lake Elsinore Terra Cotta Road Parkway lmprovements Page 2 Task 3 - Construction Documents - $13,083 Plans, sheet specifications, and estimates will be prepared for the proposed work. Three virtual meetings are included in this task. . Demolition Plans - $1.040 - These plans will indicate the limits of removal of inert matenals, plant material and irrigation equipment and will identify items to be protected in place. . Construcuon/Plantino Plans - $2.550 - Plans will include a plant legend, information regarding inert materiais, decorative rock, boulders, and hardscape improvements. The plant legend will indicate the botanical and common names, quantlty, size, and remarks. . lrriqation Plans - $6.380 - The plans will indicate the layout of the entire system, the point of connection, backflow prevention method, pressure regulation (as necessary), and equipment size and type in the irrigation legend. The design plans will be fully compliant with A81881 . . Details and Sheet Specifications - S1 .922 . Estimate of orobable construction costs - $1 .191 Deliverables - 20 scale plans submitted at 95% and 100yo, estimate of probable cost. TOTAL FEE . $15.755 Assumptions 1 . Existing water and electrical services will be used in their current locations and no new water or electrical services will be added to the pro.iect site as a part of this work. 2. Sleeves exist and can be re-used for this project at street crossings. 3. Since the base for our drawings will be an aerial image obtained online, there may be minor field adjustments needed based on actual conditions. Exclusions 1. Technical specifications beyond what is noted in this proposal 2. Phasing of prolect / additive-alternate designs 3. Modifications to fencing or other features beyond outer edge of sidewalk or DG trail.4. Preparation of City boilerplate specifications 5. SWPPP / SWPPP Permifting/Erosion control plans 6. Bidding/construction support 7. As-built drawings Reimbu6able ltems - $550 (for budgetary purposes) Items such as reproduction/ plotting Services, mileage, and delivery costs (Federal Express, UPS, etc.)are considered reimbursable expenses and will be charged at actual cost plus 10%. Any service requested that does not fall within the scope of services listed, or any duplication of work due to changes desired by the City of Lake Elsinore, will be performed on an "Extra Services" basis and negotiated accordingly. Decembet 23,2O2l City of Lake Elsinore Terra Cotta Road Parkway lmprovements Page 3 Our DEA team is available to begin work immediately following issuance of a notice to proceed. lf you have any questions or need clarification on any item, please feel free to call. We thank you once again for your consideration of our qualifications and look forward to discussing this proposal with you. Should you have any questions or comments regarding this proposai, please feel free to contact me at (909) 561-7362. We would be happy to adjust the scope as needed to insure we provide the level of service that is consistent with your needs. Sincerely, David Evans and Associates, lnc. kL.*' /. fr.A,-/-t* Kim S. Rhodes, PLA 3867 Vice President odd Holmes, PLA 3561 9Eoo i -2U -EB<F !;F>< 6 !;l3;5;>O' E 3 E<O : E Eo<;o-9;<;IIUIEhF F l(, l Yto =LLo (/)F =zo F- oz tlJt uJ o_ aoz J cix. FFo E.t uJF IIJEozaJ UJ UJY Jlro Eo ]- oo cr) _--.'__--------- B