HomeMy WebLinkAboutItem No. 07 - Professional Services Agreement with DEACity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-414
Agenda Date: 10/25/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 7)
Professional Design Services Agreement for Landscape Design at the I-15 /Main Street
Interchange
Approve and authorize the City Manager to execute a Professional Design Services Agreement with
David Evans and Associates, Inc. in the amount of $129,370.00 for landscape architectural services at
the I-15 / Main Street Interchange, plus an additional 10% contingency for unforeseen expenditures, in
such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 10/20/2022
Page 1 of 1
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Remon Habib, City Engineer
Date: October 25, 2022
Subject: Professional Design Services Agreement for Landscape Design at the I-15 /
Main Street Interchange
Recommendation
Approve and authorize the City Manager to execute the Professional Design Services
Agreement with David Evans and Associates, Inc. for $129,370.00 for landscape architectural
services at I-15 / Main Street Interchange, plus an additional 10% contingency for unforeseen
expenditures, in final form as approved by the City Attorney.
Background
The Agreement will authorize David Evans and Associates, Inc. to start landscape architectural
design services at the I-15 / Main Street Interchange. The proposed landscape design work will
be performed in collaboration with Caltrans and consistent with future landscape improvements
to the Main Street corridor leading into the City's downtown.
Discussion
David Evans and Associates, Inc. will provide 100% final planting and irrigation plans,
specifications, and construction cost estimates for all proposed landscape work within the I -15 /
Main Street Interchange region. Coordination with Caltrans must be maintained throughout the
design process, as the proposed landscape work is within Caltrans's right-of-way.
Fiscal Impact
Professional Design Services Agreement will result in a cost of $129,370.00 plus an
additional 10% contingency. This work has been programmed in the City's CIP budget.
Exhibits
A – Agreement for Professional Design Services
B – David Evans & Associates, Inc. Proposal
C – Project Exhibit
@BCL@001DA76D Page 1
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
David Evans and Associates, Inc.
Landscape Architectural Services I15/Main Street Interchange
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of October 25, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City")
and David Evans and Associates, Inc., a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Landscape Architectural Services I15/Main Street Interchange
B. Consultant has submitted to City a proposal, dated October 6, 2022, 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.
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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 Twenty-Nine Thousand Three Hundred Seventy dollars ($129,370) 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.
a. Indemnification for Professional Liability. To the fullest extent permitted by
law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials,
employees and agents (“Indemnified Parties”) from and against any and all claims, losses,
liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
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by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s
percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the
event any loss, liability or damage is incurred by way of settlement or resolution without a court,
jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties
agree to mediation with a third party neutral to determine the Consultant’s proportionate
percentage of fault for purposes of determining the amount of indemnity and defense cost
reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant
or by any individual or entity for which Consultant is legally liable, including but not limited to
officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to
third parties for any liability exempted by statute.
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 Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
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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 u pon them other
than policy limits to coverages.
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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
4141 E. Inland Empire Blvd. Ste 250
Ontario, CA 91764
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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.
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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]
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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
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
David Evans and Associates, Inc., a
Corporation
By: Kim S. Rhodes
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]
DAVID EVANS
ANDASSOCIATES INC.
October 6, 2022
Mr. Remon Habib, PE
City Engineer
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
SUBJECT: PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FOR THE 1-15 /
MAIN STREET INTERCHANGE IN THE CITY OF LAKE ELSINORE (Revised
10-6-22)
Dear Remon,
We are pleased to provide this proposal for the preparation of conceptual and final construction
documents for landscape improvements at the 1-15 / Main Street interchange.
Landscape Architecture Project Understanding and Approach
DEA's Landscape Architects have extensive experience in providing PS&E's as well as
structure aesthetics for both transportation and bridge projects throughout the Western United
States. Given our experience in the City of Lake Elsinore and our existing Caltrans District 8 On
Call contract, we feel ideally suited to assist the city with landscape architectural services for the
1-15 / Main St. interchange project.
It is our belief that the design of the features in the landscape plans should provide a `blending'
of materials, colors, and textures throughout the corridor. Our design team will focus on the
importance of drought tolerant plants and the use of decorative inert materials to provide an
enhanced experience for the traveling public. These inert materials may consist of boulders,
decomposed granite, crushed rock or wood mulch. DEA will develop a comprehensive
conceptual plan highlighting the treatment of the landscaped areas within Caltrans right-of-way
while also considering the future improvements to the Main Street corridor leading into the City's
downtown core.
Scope of Services
Task 1 - Landscape Concept Plans - $33,420
Utilizing the base maps prepared by others, DEA will develop two (distinctly different)
conceptual landscape plans for the right-of-way areas within the interchange with a focus on
landscape areas adjacent to the ramps (generally from the gore points in each location and as
discussed during our field visit - including small areas adjacent to the on and off ramps on the
west and east sides respectively - see attached exhibit). Each conceptual plan will designate the
4141 E. Inland Empire Blvd, Ste. 250, Ontario, CA 91764 T: (909) 481-5750 F: (909) 481-5757
City of Lake Elsinore
1-15 at Main Street Interchange
Landscape Architectural Services
Page 2
location of proposed drought tolerant and low maintenance trees, shrubs, ground cover and
inert materials. A proposed plant palette will also be provided. A preliminary estimate of
probable cost will be prepared for each concept. The plans and estimate will be reviewed and
approved by the City and Caltrans. Our scope of work includes one revision of the preferred
conceptual plan based on comments from the City and Caltrans. Upon approval of the plan and
the preliminary estimate, DEA will move forward with preparation of the construction documents
- plans, specifications and estimates. Each conceptual plan will be prepared in color with
images of the proposed plant materials.
Task 2 — Plans, Specifications and Cost Estimate - PSE (65%, 95% and 100%)
DEA landscape architects and irrigation designers will prepare final planting and irrigation plans
for the interchange landscaping per applicable Caltrans standards. Plans will be prepared in
MicroStation at 1" = 50' utilizing base sheets (and clip boundaries) provided by the City. This
task includes:
Caltrans Meetings and Agency Coordination - $11,160
DEA Landscape Architects will attend up to six virtual meetings and two in-person
meetings during the conceptual design and PS&E phases of work. This task also
includes agency coordination up to 24 hours. DEA will conduct appropriate research and
coordinate with the City, Caltrans and water district.
Planting Plans - $27,320
Plans will include a plant legend indicating trees, shrubs and ground covers. The legend
will indicate the botanical and common names, quantity, size, and remarks (such as
variety and staking procedure). The plans will provide an integrated palette of material in
accordance with City, Caltrans and FHWA guidelines and requirements. This task
includes one site visit for coordination purposes and the preparation of construction
details.
Additional plans provided as a part of this task include layout plans and roadside
clearing plans.
Irrigation Plans - $47,020
The irrigation plans will provide the necessary information for a complete and fully
automatic irrigation system for the interchange improvements. The plans will utilize
existing points of connection for water and electricity. The plans will conform to
Caltrans / City / water department / district requirements. This task includes one site visit
with City and Caltrans maintenance representatives to determine the placement and
preferred type of proposed equipment and the preparation of construction details.
Flow monitors, moisture sensors, and ET based controllers will be implemented. We
anticipate providing the following information in accordance with the State Water
Ordinance (MWELO) and / or the City of Lake Elsinore's adopted ordinance:
• Prepare water usage calculations (MAWA and ETWU) based on the water
ordinance.
• Provide water efficient landscape worksheet and hydrozone table for each
remote control valve per ordinance (water use category, area served in s.f.,
controller number, valve size and flow).
4141 E. Inland Empire Blvd, Ste. 250, Ontario, CA 91764 T: (909) 481-5750 F: (909) 481-5757
City of Lake Elsinore
1-15 at Main Street Interchange
Landscape Architectural Services
Page 3
• Obtain horticultural soils report (Agronomic data) based on soil samples obtained
from site by DEA. Report to be provided by Soil and Plant Laboratory in Orange,
CA. or equal.
• Provide irrigation run time schedule per ordinance based on soil type.
• Rain and wind sensors will be added per ordinance.
• Statement note will be added regarding ordinance.
• Add WUCOLS water use classifications for proposed plant material.
• WELCP — Water Efficient Landscape Calculation Plan (per Caltrans)
Project Specifications and Cost Estimate - $9,200
DEA will prepare project technical specifications for the landscape improvements
(Caltrans 2018 format). The project team will also prepare a final construction cost
estimate in a per unit basis (or lump sum) of proposed improvements once the
construction documents have been completed and approved.
Task 3 — Reimbursable Expenses - $1,250
DEA proposes to complete the above noted tasks for the fees indicated. Invoices will be due
and payable within 30 days and will be sent monthly based upon the percentage of work
completed. Government fees, mileage, delivery costs such as Federal Express charges and
plotting / reproduction services are considered reimbursable fees and shall be billed to you at
cost plus 15%. Any service requested which does not fall within the scope of services listed, or
any duplication of work due to changes desired by the City / Caltrans will be performed on an
"Extra Services" basis and negotiated accordingly.
Total Fee including Reimbursables - $129,370
EXCLUSIONS
• Requests by the City or any other entity for items not covered in work program tasks
described in this proposal. This includes any significant changes to the project scope
that would require revisions to completed portions of the plans and other documents.
• Maintenance schedules, certificate of completion, and irrigation audit report following
project completion.
• Planting / irrigation in areas beyond the limit of work.
• Preparation or negotiation of Landscape Maintenance Agreements (LMA).
• Preparation of encroachment permits or similar.
• The Client will pay all fees and deposits associated with the permit applications, plan
reviews, and approvals.
Potholing
• Erosion control plans / SWPPP
• LID / WQMP compliance
4141 E. Inland Empire Blvd, Ste. 250, Ontario, CA 91764 T: (909) 481-5750 F: (909) 481-5757
City of Lake Elsinore
1-15 at Main Street Interchange
Landscape Architectural Services
Page 4
• Traffic Control Plans
• Electrical Plans
• Construction Staging Plans
• Construction signage
• Utility Plans, including fiber optic / Electrical / Lighting Plans
• As -Built Plans
• City Identification signage or monument signs.
• Aesthetic treatment for retaining walls and structures
• Construction related tasks such as responses to bidder questions, submittal reviews and
RFI responses or design changes needed due to field conditions.
• Environmental compliance.
Fees for reimbursables may include mileage, printing, computer imagery and delivery costs.
The fee shown herewith is for budgetary purposes only based on the above tasks.
Invoices will be due and payable within 30 days and will be sent monthly based upon the
percentage of work completed. Government fees, mileage, delivery costs such as Federal
Express charges and plotting / reproduction services are considered reimbursable fees and
shall be billed to you at cost plus 15%. Any service requested which does not fall within the
scope of services listed, or any duplication of work due to changes desired by the City or
Caltrans, will be performed on an "Extra Services" basis and negotiated accordingly.
DEA would be pleased to assist the City of Lake Elsinore on this project and thank you once
again for your consideration of our qualifications. We look forward to discussing this proposal
with you.
Sincerely,
DAVID EVANS AND ASSOCIATES, INC.
Kim S. Rhodes, L.A. 3867
Vice President
4141 E. Inland Empire Blvd, Ste. 250, Ontario, CA 91764 T: (909) 481-5750 F: (909) 481-5757
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Area to be landscaped and irrigated as necessary