HomeMy WebLinkAboutItem No. 10 - Agreements with ALTA California Geotechnical Inc. and LOR Geotechnical Group
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REPORT TO CITY COUNCIL
To:Honorable Mayor or Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:February 14, 2023
Subject:Professional Services Agreements with ALTA California Geotechnical
Inc. and LOR Geotechnical Group Inc. for On-call Geotechnical Services
Recommendation
Approve and authorize the City Manager to execute Professional Services Agreements with ALTA
California Geotechnical Inc. and LOR Geotechnical Group Inc. to provide on-call geotechnical
testing services in an amount not to exceed $60,000 each in such final form as approved by the
City Attorney.
Background
The Engineering Department of the City of Lake Elsinore, as a part of the construction activities
related to CIP Pavement Rehabilitation Projects, requires specific expertise related to soils and
material testing. Because the need for these services are dependent on the activity level of CIP
projects, the City uses contract engineering firms that have the flexibility to provide staff to
accommodate the fluctuation in workload.
Discussion
The City solicited Request for Qualifications (RFQ) to provide geotechnical testing services as a
part of the City’s development approval process to 4 firms. After reviewing all proposals, staff
chose 2 candidates.
The proposals provided extensive information about the company’s qualifications, personnel
availability, and experience providing geotechnical testing services.
Although all the firms are technically qualified, staff was able to reduce the candidate pool from
four companies to two based on their prior experience and approach to serving the City’s
needs. The final determination was based on prior experience and reference verification.
Agreements for On-Call Geotechnical Services
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Each firm will have a contract amount of not-to-exceed per fiscal year as listed below.
LOR Geotechnical Group Inc (LOR) –$60,000.00
ALTA California Geotechnical Inc. (ALTA)–$60,000.00
The length of the contract will be one year, with up to two additional twelve (12) month renewal
terms subject to review by the City Manager.
Fiscal Impact
Agreements will be funded through the City’s adopted CIP program.
Attachments
Attachment 1 - ALTA Agreement
Exhibit A - ALTA Fee Schedule and SOQ
Attachment 2 - LOR Agreement
Exhibit A - LOR Fee Schedule and SOQ
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AGREEMENT FOR CONTRACTOR SERVICES
Alta California Geotechnical, Inc.
ON-CALL GEOTECHNICAL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of
February 14, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”)
and Alta California Geotechnical, Inc., a Corporation (the “Contractor”).
RECITALS
A.The City has determined that it requires the following services:
Engineering On-call Geotechnical Testing Services
B.The City has prepared a request for a proposals and Contractor has submitted to City
a proposal, dated January 12, 2023, both of which are attached hereto as Exhibit A (collectively, the
"Contractor's Proposal") and incorporated herein, to provide services and related work to the City
pursuant to the terms of this Agreement.
C.Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms and
conditions Agreement.
AGREEMENT
1.Scope of Services. Contractor shall perform the services and related work described
in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the
time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction
of the City through its staff that it may provide from time to time. Contractor acknowledges that the
Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support
on an as needed basis.
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 services and related work to be performed by Contractor
is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
services and related work contemplated pursuant to this Agreement consistent with Contractor's
Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools,
expendable equipment, and all taxes, utility and transportation services required to perform such the
services and related work.
b.Performance Schedule. Contractor shall commence the services and related
work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work 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.
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c.Term and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and
effect for a period commencing on February 14, 2023 and ending June 30, 2024. The City may, at
its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional
twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty
(30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work
or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3.Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor's annual compensation exceed Sixty Thousand
dollars ($60,000) 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.
Contractor 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
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Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of
Payment" herein.
7.Plans, Reports, 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 Contractor or provided, to Contractor 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. Contractor shall not, without the prior written
consent of City, use such materials 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.Contractor'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 Contractor to this
Agreement.
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
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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, 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 Contractor. Contractor (including principals, associates and management
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of 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.
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Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
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.Ability of Contractor. City has relied upon the 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 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
contractors 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 the 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. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)
the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims
for damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section
and that it is a material element of consideration.
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16.Insurance Requirements .
a.Insurance. Contractor, at Contractor'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. Contractor 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, Contractor 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
Contractor for City. In the event that Contractor 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, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation
Insurance in a form approved by the City Attorney.
ii.General Liability Coverage. Contractor 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. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
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.
b.Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the
following specific language :
i.Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits
to coverages.
ii.This policy shall be considered primary insurance as respects the City,
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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, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Contractor 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 Contractor: Alta California Geotechnical, Inc.
Attn: Scott Gray
170 North Maple Street, Suite 108
Corona, CA 92880
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18.Assignment and Subcontracting. The parties recognize that a substantial inducement
to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor 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 Contractor under this Agreement will be
permitted only with the express consent of the City. Contractor shall not subcontract any portion of
the work to be performed under this Agreement without the written authorization of the City. If City
consents to such subcontract, Contractor 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. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor 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 Contractor, 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. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24.Prevailing Wages. Contractor 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. Contractor
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, Contractor shall bear all risks of payment or non-
payment of prevailing wages under California law, and Contractor hereby agrees to defend,
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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. Contractor 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. Contractor’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 Contractor’s Proposal.
30.Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
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
“CONTRACTOR”
Alta California Geotechnical, Inc., a Corporation
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City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Scott Gray
Its: President
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
170 North Maple Street, Suite 108 Corona, CA 92880
www.altageotechnical.com
Corona Office
Phone: 951.509.7090
SERVICE FEE SCHEDULE
HOURLY PERSONNEL
Project Engineer & Geologist $ 140.00
Registered Civil Engineer & Engineering Geologist $ 125.00
Civil Engineering & Engineering Geology Associate $ 100.00
Soils Technicians (prevailing wage) $ 130.00
Deputy Inspection (prevailing wage) $ 130.00
Laboratory Technician $ 74.00
AutoCAD Draftsperson $ 80.00
LABORATORY
Max. Den. / Opt. Moist. $ 148.00 “R”-Value $ 275.00
Direct Shear $ 148.00 Concrete Testing $ 40.00/Break
Moisture & Density $ 19.00 Density - rock or chunk $ 70.00
A.S.C.E. Swell Index $ 111.00 Atterberg Limits $ 148.00
Consolidation $ 148.00
Full Gradation $ 148.00
Hydrometer $ 56.00
Sieve $ 74.00
Sand Equivalent $ 74.00
Specific Gravity $ 74.00
ADDITIONAL CHARGES
Field Vehicles $ 12.00 / hr
Nuclear Gauge $ 10.00 / hr
Equipment Rental quote
Reprographics quote
Per Diem quote
December 2022
Corona Office
Phone: 951.509.7090
CITY OF LAKE ELSINORE January 12, 2023
ENGINEERING DIVISION
130 S. Main Street
Lake Elsinore, California 92530
Attention: Mr. Carlos Norvani
Subject: STATEMENT OF QUALIFICATIONS
Engineering On‐Call Geotechnical Testing Services
Dear Mr. Norvani:
Presented herein is Alta California Geotechnical, Inc.'s (Alta) Statement of Qualifications to
support the Engineering Division of the City of Lake Elsinore (City) with As‐Needed, On‐Call
Geotechnical Testing Services. The offer of this proposal is valid for ninety (90) days.
Alta California Geotechnical, Inc. appreciates the opportunity to be of service to you and your
organization. Should you have any questions or need additional information, please contact
the undersigned at our Corona office.
Sincerely,
Alta California Geotechnical, Inc.
_________________________________
SCOTT A. GRAY/RGE 2857
Reg. Exp.: 12‐31‐24
Registered Geotechnical Engineer
President
Distribution: (1) Addressee
SAG: LM: SOQ ‐ January 12, 2023 Proposal ‐ Lake Elsinore On‐CallStatement of Qualifications, Engineering On‐Call Geotechnical Testing Services.
Statement of Qualifications Page 2
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Understanding of the Project
In order to provide support for the Engineering Division of the City of Lake Elsinore with As‐
Needed, On‐Call Geotechnical Testing Services, it is Alta’s understanding that the City may
request that Alta assists the City with various geotechnical testing assignments pertaining
to storm drain, grading and roadway paving operations. This work performed by Alta shall
be under the direction of a licensed Geotechnical/Civil Engineer registered with the State
of California with significant experience in Geotechnical Engineering.
Approach to Scope of Work
In an effort to provide our clients with timely geotechnical support, all scheduling of soils
technicians goes through our Director of Field Operations. The Director of Field Operations
manages the soils technicians and acts as a liaison to provide scheduling and field support
for the field staff. Alta soil technicians regularly conduct evaluations of excavations, earth
materials to be used as fill, and compaction procedures to ensure that project
specifications are being followed. In‐place testing of compaction and moisture conditioning
are performed in accordance with ASTM D1556 and/or ASTM D 2922‐01 in order to ensure
project specifications are being followed. Alta technicians are also experienced in testing,
sampling and inspecting construction materials such as concrete, asphalt and slurry.
Samples of materials being used throughout trench backfill, grading and roadway
operations will be transported to the laboratory for testing to determine the engineering
characteristics of the material. Testing of these materials may include: maximum density
and optimum moisture (ASTM D1557 Methods A, B and C), grain size analysis (ASTM D422),
Atterberg Limits (ASTM D4318‐D84 or CT204), sand equivalent (ASTM D2419 or CT217),
asphalt maximum density (CT304), slurry abrasion number (ASTM G75‐15) and other
related testing per Standard Specifications for Public Works Construction, County of
Riverside, or Caltrans project specifications.
Statement of Qualifications Page 3
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Daily field engineering reports are written by the soils technician, including a summary of
the day’s activities, equipment used, and areas of failing tests which have not been
reworked/retested. These daily field engineering reports are made available to the client
and/or inspector at the end of every working day. Field data regarding compaction tests
and Daily Field Engineering Reports are submitted to an Alta Staff Engineer for review.
At the completion of services, Alta shall prepare a final report summarizing the work
performed on the project. This report will include observations during construction, results
of field and laboratory testing, and conclusion as to the project’s compliance with the
approved plans and specifications.
Throughout the project, Alta shall provide the City with geotechnical project coordination,
technical support, and management during the project. This work shall include work
scheduling and the review of geotechnical reports, plans, and specifications. In order to
ensure that all work is being performed in accordance with approved plans and
specifications, a Representative of Alta shall attend all pre‐grade meetings, construction
field meetings, and other coordination meetings. Decisions made during the construction
meetings shall be implemented. Field compactions procedures shall be evaluated and
recommendations shall be made where deemed appropriate.
Alta shall provide it’s geotechnical testing services based on an As Needed, On‐Call basis.
These services shall be provided in accordance with the Proposal Cost Breakdown.
Execution of these services may occur on weekends and at night as required. Additional
reporting costs required for this project shall be negotiated with the City before
preparation.
Statement of Qualifications Page 4
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Qualifications
Alta California Geotechnical, Inc., a California Corporation, is a fully insured soils
engineering and engineering geology consulting firm with an office and soil testing
laboratory in Corona, serving Los Angeles, San Bernardino, Riverside, San Diego and Orange
Counties. Commited to providing pro‐active involvement, our principals regularly visit jobs
sites and support our field personnel. Alta combines the disciplines of soil engineering and
engineering geology on every project to provide cost‐effective practical solutions, and
appropriate, helpful field support during construction.
Alta’s staff is experienced with a wide variety of geologic conditions found in the Lake
Elsinore area including hard rock, liquefaction/high groundwater, complex geologic
structure, landslide‐prone areas and faults.
Alta’s staff have extensive project experience in the area such as:
The SB‐1 Downtown Pavement Resurfacing Project (Z‐10059),
The Lakeside Residential Project Investigation and Seismic Study,
The Westlake Project (Canyon Hills Development),
The Grading and Resurfacing Project of Railroad Canyon Road,
A fault rupture investigation for DaVita Healthcare on Lakeshore,
The extension of Summerhill Drive (Tuscany Hills Project),
The Amberleaf Project (Canyon Hills Development).
The engineers and geologists at Alta are committed to providing our clients with an
accurate depiction of the geotechnical conditions that yield accurate construction cost
estimates. Alta works with the client’s multi‐disciplined consultants to produce quality
projects with favorable outcomes. Alta is set apart from the competition with dedication to
excellence and responsiveness to the client, all at a competitive cost.
ALTA CALIFORNIA GEOTECHNICAL, INC.
Project Manager
Statement of Qualifications Page 6
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Scott Gray
GE, PE
With a BS in Civil engineering and over 20 years’ experience in
geotechnical engineering, Mr. Gray serves as President for Alta
California Geotechnical, Inc. Mr. Gray previously worked for Pacific
Soils Engineering, Inc., and served as the Manager of Geotechnical
Services for the Inland Empire/San Diego areas. His project
experience includes mass grading, pavement design and evaluation,
subsurface investigations, water tank/reservoir projects, slope
stability analyses, liquefaction studies, and onsite construction for
residential and commercial developments.
Mr. Gray’s responsibilities include coordinating and supervising
geotechnical field investigations, preparing and reviewing
geotechnical reports, reviewing project plans and specifications,
directing and supervising technicians in data compilation and
analysis, and providing technical support for engineers and technical
staff.
EDUCATION
BS Civil Engineering
YEARS OF EXPERIENCE
20 Years
REGISTRATIONS
Professional Engineer 69371
Geotechnical Engineer 2857
RELATED EXPERIENCE
Mr. Gray has extensive experience providing geotechnical engineering
expertise to public infrastructure improvements including roadway paving
operations and utility line backfill operations.
Mr. Gray has project experience in the area such as:
The SB-1 Downtown Pavement Resurfacing Project (Z-10059),
The Lakeside Residential Project Investigation and Seismic Study,
The Westlake Project (Canyon Hills Development),
The Grading and Resurfacing Project of Railroad Canyon Road,
A fault rupture investigation for DaVita Healthcare on Lakeshore,
The extension of Summerhill Drive(Tuscany Hillys Project),
The Amberleaf Project (Canyon Hills Development).
Geotechnical
Engineer
ALTA CALIFORNIA GEOTECHNICAL, INC.
Client References
Statement of Qualifications Page 8
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Silverwood Development, Phase 1
Alta is the geotechnical consultant of record for
Phase 1 of the Silverwood Development Project,
located in the City of Hesparia, California. We
initially conducted subsurface investigations of
the site which included hollow‐stem auger
borings and backhoe test pits. Laboratory
testing was conducted including particle size
analysis, maximum density/optimum moisture,
expansion index testing, consolidation and
chemical analysis. Utilizing the information,
grading and design recommendations were
developed for the project.
CLIENT NAME:
Silverwood Development Phase 1, LLC
Mike Hughes
mhughes@dmbdevelopment.com
Years of Services: 2021‐2023
Team Members:
Scott Gray (Geotechnical Engineer)
Tom McCarthy (Engineering Geologist)
Relavance:
Offsite public electrical and water
utility improvements and associated
resurfacing of public streets with the
City of Hesparia.
Throughout the project, Alta has continued to provide grading /construction observations and
testing services during the development. This has included observing and testing the engineered
fill as it was placed and observing and approving removal bottoms. Thus‐far, the development
has utilized Alta’s services in regards to offsite improvements for the City of Hesparia including
public utility and electrical improvements and associated public roadway resurfacing.
Statement of Qualifications Page 9
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Canyon Hills Development
Alta was the geotechnical consultant of record
for the Canyon Hills Development by Tri Pointe
Homes (formerly Pardee Homes), located in the
City of Lake Elsinore, California. We initially
conducted subsurface investigations of the site
which included air‐percussion borings, rotary
wash borings and backhoe test pits. Laboratory
testing was conducted including particle size
analysis, maximum density/optimum moisture,
expansion index testing and chemical analysis.
Utilizing the information, grading and design
recommendations were developed for the
project.
CLIENT NAME:
Tripointe Homes
Denise Williams
Denise.williams@tripointehomes.com
Years of Services: 2014‐2022
Team Members:
Scott Gray (Geotechnical Engineer)
Tom McCarthy (Engineering Geologist)
Relavance:
Observation and testing of mainline
utility trench backfill.
Roadway design recommendations.
Roadway paving compaction testing
and reporting.
Alta provided grading/construction observation and testing services during the development.
This included observing and testing the engineered fill as it was placed and observing and
approving removal bottoms. We also observed and tested the infrastructure improvements as
well as street construction for the residential development.
Statement of Qualifications Page 10
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Willow Springs; Caltrans Improvements
Alta is the geotechnical consultant of record for
the Willow Springs Developement, located in
the City of Murrieta, California. We initially
conducted subsurface investigations of the site
which included backhoe test pits. Laboratory
testing was conducted including particle size
analysis, maximum density/optimum moisture,
expansion index testing and chemical analysis.
Utilizing the information, grading and design
recommendations were developed for the
project. Alta has provided grading/construction
observation and testing services during the
development. This has included observing and
testing the engineered fill as it was placed and
observing and approving removal bottoms. We
also observed and tested the infrastructure
CLIENT NAME:
Lennar Homes
Brett Hood
Brett.hood@lennar.com
Years of Services: 2014‐2022
Team Members:
Scott Gray (Geotechnical Engineer)
Tom McCarthy (Engineering Geologist)
Relavance:
Observation and testing of mainline
utility trench backfill.
Roadway design recommendations in
accordance with Caltrans
specifications.
Roadway paving compaction testing
and reporting in accordance with
Caltrans requirements.
improvements as well as street construction for the residential development. As the geotechnical
consultant of record for the project, Alta has prepared pavement design recommendations for
Winchester Road in accordance with Caltrans specifications. Roadway paving observations,
testing, and reporting are also done in accordance with Caltrans requirements.
Statement of Qualifications Page 11
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Railroad Canyon Road Extension
Alta was the geotechnical consultant of record
for the Canyon Hills Development by Tri Pointe
Homes (formerly Pardee Homes), located in the
City of Lake Elsinore, California. We initially
conducted subsurface investigations of the site
which included air‐percussion borings, rotary
wash borings and backhoe test pits. Laboratory
testing was conducted including particle size
analysis, maximum density/optimum moisture,
expansion index testing and chemical analysis.
Utilizing the information, grading and design
recommendations were developed for the
project.
CLIENT NAME:
Tripointe Homes (formerly Pardee Homes)
Chris Willis
Chris.willis@tripointehomes.com
Years of Services: 2014‐2016
Team Members:
Scott Gray (Geotechnical Engineer)
Tom McCarthy (Engineering Geologist)
Relavance:
Observation and testing of mainline
utility trench backfill.
Roadway design recommendations.
Roadway paving compaction testing
and reporting.
Alta provided grading/construction observation and testing services during the extension and
resurfacing of Railroad Canyon Road. This included providing observation and testing services
during mainline joint utility trench backfill, construction of Southern California Edison
transformer pads, and roadway paving operations.
ALTA CALIFORNIA GEOTECHNICAL, INC.
Team Members
Statement of Qualifications Page 13
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Thomas
McCarthy
CEG
With a BA in Geologic Science and more than 35 years’ experience in
engineering geology, Mr. McCarthy serves as the Vice President of
Alta California Geotechnical, Inc. Mr. McCarthy previously worked
for Pacific Soils Engineering, Inc., and served as the Project Manager
for the Inland Empire and Orange County areas. His project
experience includes field observation of large earthwork projects,
fault investigations, plan checking, report review, rippability and
down hole geologic surveys, and geologic mapping for grading
projects.
Mr. McCarthy’s responsibilities include coordinating and supervising
geotechnical field investigations, preparing and reviewing
geotechnical reports, reviewing project plans and specifications,
directing and supervising geologists and technicians in data
compilation and analysis, and providing technical support for
geologists and technical staff.
EDUCATION
BA Geologic Science
YEARS OF EXPERIENCE
35 Years
REGISTRATIONS
Certified Engineering Geologist 2080
RELATED EXPERIENCE
Mr. McCarthy has extensive experience providing engineering geology
expertise to public infrastructure improvements including roadway paving
operations and utility line backfill operations.
Mr. McCarthy has project experience in the area such as:
The SB-1 Downtown Pavement Resurfacing Project (Z-10059),
The Lakeside Residential Project Investigation and Seismic Study,
The Westlake Project (Canyon Hills Development),
The Grading and Resurfacing Project of Railroad Canyon Road,
A fault rupture investigation for DaVita Healthcare on Lakeshore,
The extension of Summerhill Drive(Tuscany Hillys Project),
The Amberleaf Project (Canyon Hills Development).
Certified Engineering Geologist
Statement of Qualifications Page 14
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Dennis
Delacruz
With more than 40 years of experience in geotechnical observations
and testing, Mr. Delacruz serves as a Director of Field Operations for
Alta California Geotechnical, Inc. Mr. Delacruz previously worked for
Pacific Soils Engineering, Inc. as a senior technician, primarily in the
Inland Empire and Orange County areas. His project experience
includes mass grading and onsite construction for residential and
commercial developments, pavement construction, and water
tank/reservoir projects.
Mr. Delacruz’s responsibilities include managing the soils technicians
and acting as a liaison to provide scheduling and field support for
soil technicians.
YEARS OF EXPERIENCE
40 Years
RELATED EXPERIENCE
Mr. Delacruz has extensive experience providing field operation expertise to
public infrastructure improvements including roadway paving operations
and utility line backfill operations.
Mr. Delacruz has project experience in the area such as:
The SB-1 Downtown Pavement Resurfacing Project (Z-10059),
The Lakeside Residential Project Investigation and Seismic Study,
The Westlake Project (Canyon Hills Development),
The Grading and Resurfacing Project of Railroad Canyon Road,
A fault rupture investigation for DaVita Healthcare on Lakeshore,
The extension of Summerhill Drive(Tuscany Hillys Project),
The Amberleaf Project (Canyon Hills Development).
Director of Field Operations
Statement of Qualifications Page 15
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Logan
Marquette
With a BS in Civil engineering, Mr. Marquette serves as a Staff
Engineer for Alta California Geotechnical, Inc. His project experience
includes mass grading for residential developments, pavement
design and evaluation, subsurface investigations, water
tank/reservoir projects, slope stability analyses, liquefaction studies,
and onsite construction for residential and commercial
developments.
Mr. Marquette’s responsibilities include preparing geotechnical
reports, directing and supervising technicians in data compilation
and analysis, and providing technical support for technical staff. YEARS OF EXPERIENCE
BS Civil Engineering
YEARS OF EXPERIENCE
5 Years
RELATED EXPERIENCE
Mr. Marquette has extensive experience providing field operation expertise
to public infrastructure improvements including roadway paving operations
and utility line backfill operations.
Mr. Marquette has project experience in the area such as:
The SB-1 Downtown Pavement Resurfacing Project (Z-10059),
The Lakeside Residential Project Investigation and Seismic Study,
Staff Engineer
ALTA CALIFORNIA GEOTECHNICAL, INC.
Sub‐Consultants
Statement of Qualifications Page 17
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Personnel: James Burling, Staff Engineer, Engineering Support
Omar Lorrabaquio, Lab Technician
Eric Doerschlag, Lab Technician
Cesar Lopez, Lab Technician
Qualifications: Registrations: State of California Registered Professional Engineer,
State of California Certified Engineer Geologist, State of California
Registered Professional Geologist, State of California Registered
Geotechnical Engineer.
Certifications and Accreditations: AASHTO Materials Reference
Laboratory Inspected, California Department of Transportation (Cal
Trans), American Concrete Institute (ACI), Small Business Enterprise
Certified (SBE), Minority Owned Business Enterprise (MBE),
Disadvantaged Business Enterprise Certified (DBE), American Society
for Testing and Materials (ASTM), National Institute for Certification in
Engineering Technologies (NICET), International Code Council (ICC).
Proposed Duties: Laboratory testing support to include concrete, asphalt and slurry
materials.
Aragón
Geotechnical, Inc.
Statement of Qualifications Page 18
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
PROPOSED FEE SCHEDULE
A proposed fee schedule based on hourly rates of assigned staff, including technical and
administrative positions, is included as Attachment A.
Statements Of Complience
1.1 Attached as Attachment B is the City of Lake Elsinore, Engineering Department’s
Request for Qualifications, Engineering On‐Call Geotechnical Testing Services,
issued December 8, 2022. This RFQ has been incorperated in its entirety as a part
of Alta’s Proposal.
1.2 This RFQ and Alta’s Proposal will jointly become part of the Agreement for
Professional Consultant Services for this project when said Agreement is fully
executed by Alta and the Mayor or City Manager of Lake Elsinore.
1.3 Services provided by Alta, and fees therefore, will be in accordance with the
City’s RFQ except as otherwise specified in this proposal under Section 9.4
“ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL.”
1.4 ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL
1.4.1 None
1.5 Names, qualifications and proposed duties of Alta’s staff to be assigned to this
project, as well as a listing of recent similar projects including names, titles,
addresses and contact information are provided in this Statement of
Qualifications. If one or more of Alta’s staff should become unavailable, Alta may
substitute other staff of at least equal competence only after prior written
approval by the City.
1.6 Alta acknowledges and understands that Alta will not be allowed to change the
sub‐consultant without written permission from the City.
Statement of Qualifications Page 19
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
1.7 All charges for Alta services is a “Not‐to‐Exceed Fee” which must include
conservatively estimated reimbursable expenses, as submitted with and made a
part of Alta’s Proposal.
1.8 Alta will document and provide the results of the work to the satisfaction of the
City. This may include preparation of field and final reports, or similar evidence
of attainment of the Agreement objectives.
1.9 Alta will Iimmediately document and notify the City of any defects or hazardous
conditions observed in the vicinity of the project site prior, during, or after
completion of work.
1.10 Attached as Attachment A is Alta’s hourly rate schedule. This hourly rate
schedule is part of this proposal for use in invoicing for progress payments and
for extra work incurred that is not part of this proposal.
1.11 Alta shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin.
1.12 All federal laws and regulations shall be adhered to notwithstanding any state or
local laws and regulations. In a case of conflict between federal, state, or local
laws or regulations the strictest shall be adhered to.
1.13 Alta shall allow all authorized federal, state, county and City officials to access to
place of work, books, documents, papers, fiscal, payroll, materials, and other
relevant contract records pertinent to this special project.
1.13 Alta shall comply with the Davis‐Bacon Fair Labor Standards Act (40 USC 276‐a
through a‐7), and the implementation regulations issued pursuent thereto (29
CFR Section 1, 5), any amendments thereof and the California Labor Code.
Pursuent to the said regulations, entitled “Federal Labor Standards Provisions,”
Statement of Qualifications Page 20
January 12, 2023
ALTA CALIFORNIA GEOTECHNICAL, INC.
Federal Prevailing Wage Decision” and State of California prevailing wage rates,
respectively.
1.14 Alta shall comply with the Copeland Anti‐Kickback Act (18 USC 874) and the
Implementation Regulation (29 CFR 3) issued pursuent thereto, and any
amendments thereof.
1.15 Alta offers and agrees to assign to the City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Ace (15 USC Sec.
15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of
Part 2 of Division 7 of the Business and Professions Code), arising from the
purchases of goods, services, or materials pursuent to the public works or the
subcontract. This assignment shall be made and become affective at the time the
City tenders final payment to Alta, without further acknowledgement by the
parties.
CITY OF LAKE ELSINORE
ENGINEERING DEPARTMENT
REQUEST FOR
QUALIFICATIONS
ENGINEERING ON-CALL GEOTECHNICAL TESTING
SERVICES
Contact Information
City of Lake Elsinore
Engineering Division
130 S. Main Street
Lake Elsinore, CA 92530
Phone: (951) 674-3124
Fax: (951) 471-1261
www.lake-elsinore.org
DUE DATE: 2:00 PM, January 19, 2023
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RFP 1 On -Call Geotechnical Testing Services
Services
I. INVITATION
You are hereby invited to submit a Proposal to provide As Needed, On-call Geotechnical Testing
Services. From time to time the Engineering Division requires support from a Consultant Engineer
knowledgeable in Geotechnical Testing to provide professional recommendations and assistance
regarding geotechnical testing related engineering issues. These services will be on an
intermittent basis and will be for a two (2) year on-call agreement with a one (1) year contract
extension at the City’s option.
These services will be conducted under a contract with the City of Lake Elsinore, hereinafter
referred to as "City". The engineering consultant entity is hereinafter referred to as "Consultant".
The contract will be regulated according to the provisions of all Federal, State and local laws and
ordinances that are applicable. This includes compliance with prevailing wage rates and their
payment in accordance with California Labor Code, Section 1775.
II. PROJECT DESCRIPTION
The Consultant shall provide all necessary As-Needed, On-call Geotechnical Testing Services to
the City. The selected firm(s) may be asked to assist the City with various Geotechnical Testing
assignments pertaining to storm drain, grading and roadway paving operations. The City will
assign work to the firm(s) as is deemed necessary and appropriate by the City. All work performed
by the consultant shall be under the direction of a licensed Civil Engineer registered with the State
of California with significant experience in Geotechnical engineering.
No subcontractors shall be utilized without prior authorization by City. Duration of contract shall
be three (3) years from Council approval of contract, subject to annual review by the City.
The anticipated project schedule is as follow:
Issue Request for Proposal: December 8, 2022
Proposal due: January 19, 2023
Consultant Selection: January 26, 2023
Estimated City Awards Contract: February 14, 2023
DUE DATE AND TIME
City of Lake Elsinore staff member assigned to work with the Consultant on this project is Carlos
Norvani, Capital Improvements project Engineer, (951) 674-3124 Ext. 248. The City reserves
the right to modify staff assignments.
Proposals for the RFP, as described herein, will be sent electronically by e-mail to Carlos
Norvani, c norvani@lake-elsinore.org before the Bid due date.
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RFP 2 On -Call Geotechnical Testing Services
Services
Proposers are encouraged to not wait until deadline to submit proposals, as system-
related questions may arise.
A pre-proposal conference has not been scheduled for this project.
Clarification desired by a respondent relating to definition or interpretation shall be requested in
writing with sufficient time to allow for a response and prior to the date RFPs are due. Oral
explanation or instructions shall not be considered binding on behalf of the City.
Any modifications to this solicitation will be issued by the City as a written addendum.
The City will not consider proposals received after the specified time and date as held in the City
of Lake Elsinore. An amendment is considered a new proposal and w ill not be accepted after the
specified time and date.
Any contract resulting from this RFQ will be financed with funds available to the City from private
development projects and/or other local funds.
This On-call RFQ does not commit the City of Lake Elsinore to award a contract or pay any costs
associated with the preparation of a proposal. The City reserves the right to cancel, in part or in
its entirety, this solicitation should this be in the best interest of the City.
Questions concerning the proposal should be directed to Carlos Norvani at the City of Lake
Elsinore Engineering Department at 951.674.3124 Ext. 248 or via electronic mail at
cnorvani@lake-elsinore.org.
III. SCOPE OF WORK
General Scope of Work and Information
• Evaluation of excavation: Vendor will inspect and evaluate the excavation of trenches to ensure that
the excavations for the proposed sewer improvements and pavement sections have exposed competent
material at the bottoms for the placement of the piping following the placement of the approved bedding
material. If excavations result in exposure of saturated, incompetent material at the bottom, proper
remediation measures must be recommended. The sides of the excavation must be inspected for any
seeping water. The nearby structures must be closely observed to ensure that there are no adverse
impacts from deep excavations.
• Evaluation of earth material to be used as backfill: Vendor must collect samples of the proposed
back fill material and deliver them to the materials laboratory. Appropriate testing will be performed to
determine the appropriate placement method for the backfill material and if the backfill material meets
project specifications.
• Evaluation of compaction procedures: Vendor must evaluate the compaction procedure for the
backfill of trench excavations to ensure that the project specifications have been followed (appropriate
thickness of lift, proper compaction method, etc.). Similar evaluations must be performed for the subgrade
and street pavement sections.
• Testing of compaction, moisture content, etc.: Vendor must conduct compaction tests by Sand Cone
Test Method (ASTM D1556) and/or Nuclear Method (ASTM D 2922-01) to determine the relative
compaction of the backfill material. At least one (1) compaction test will be conducted every 100 lineal feet
of trench and at 6-inch to 8-inch average intervals in backfill. Sufficient testing must be performed within
the subgrade of the pavement section, as well as in the AB to verify compliance related to the relative
compaction requirements contained in the project specifications. The density of the AC (as well as the
temperature) will be checked at the time of its placement during the construction of pavement sections.
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RFP 3 On -Call Geotechnical Testing Services
Services
• Concrete testing and inspection: Vendor must inspect the pouring of PCC on forms (types, size,
quality, and strength) to ensure construction is according to design. The inspector must observe surfaces
where the concrete is to be placed, the design mix, the hauling time from the batch plant to the job site,
the segregation or loss of ingredients, the equipment used in conveying and depositing concrete, the
slump, the temperature, and all other properties of concrete per Standard Specifications for Public Works
Construction (SSPWC “Greenbook”, County of Riverside or Caltrans (State of California Standard
Specifications) specifications.
• Asphalt testing and inspection: Vendor must inspect the placement of AC for pavement sections to
ensure that construction is proceeding according to design. The inspector will observe surfaces where AC
is to be placed, the design mix, the hauling time from the batch plant to the job site, the segregation or
loss of ingredients, the equipment used in conveying and depositing, the lay-down operation, field-density,
and all other properties of per ASTM standards/specifications. Vendor must obtain representative wet
samples for laboratory analysis.
During the progress of the work, Vendor must prepare daily field reports. A copy of these reports will be
submitted to the Inspector representing the City on a daily basis. The report will include a written
summary of the day's activities, a summary of all field-testing performed, and a listing of any outstanding
failing tests which have not been reworked/retested.
Testing time and the associated fees can be minimized by proficient and timely work by the Contractor
and by coordination among the Project Superintendent, the City Inspector, and Vendor’s
engineers/technicians. When a larger number of tests are scheduled at a time, greater efficiency can be
achieved, resulting in lower overall fees. However, the testing and inspection duration is dependent on the
progress of work by the Contractor. The inspections, observations, and testing must be provided after the
pre-grade meeting and the commencement of construction activities, and must continue until all
components associated with the project have been achieved in accordance with the project specifications.
Vendor must be present at the site when the geotechnical observations, inspections, and testing are
required, and must spend an appropriate amount of time in the field commensurate with the testing
requirements.
• Slurry Abrasion T esting:
Vendor must inspect the placement of slurry for pavement sections to ensure that construction is
proceeding according to design. The inspector will observe surfaces where slurry is to be placed,
depositing, the lay-down operation, field-density, and all other properties of slurry per
standards/specifications. Vendor must obtain representative wet samples for laboratory abrasion analysis.
During the progress of the work, Vendor must prepare daily field reports. A copy of these reports will be
submitted to the Inspector representing the City on a daily basis. The report will include a written
summary of the day's activities, a summary of all field-testing performed, and a listing of any outstanding
failing tests which have not been reworked/retested.
This test method covers a single laboratory procedure that can be used to develop data from which either
the relative abrasivity of any slurry (Miller Number) or the response of different materials to the abrasivity
of different slurries (SAR Number), can be determined.
Laboratory Testing: The following testing must be conducted in Vendor’s materials laboratory to
determine the engineering characteristics of the subgrade soils, AB, AC, Slurry and PCC: Modified
Proctor Testing to Determine Maximum Dry Density/Optimum Moisture Content:
• Max. Density/Opt. Moisture- ASTM D1557 (Methods A & B)
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• Max. Density/Opt. Moisture- ASTM D1557 (Method C)
Soil Classification:
• Grain Size Analysis- ASTM D422
• Atterberg Limits (LL&PL)- ASTM D4318-D84 or CT204 • Sand Equivalent- CT217 or ASTM D2419
Asphalt Testing:
• Test Maximum Density- CT304 (Set of 5 Specimens)
• Slurry Abrasion Number SAR Number- ASTM G75 -15 (1-2 Specimens)
Concrete Testing:
• Per Standard Specifications for Public Works Construction (SSPWC “Greenbook”), County of Riverside
or Caltrans project specifications (State of California Standard Specifications)
Technical Management:
Vendor must provide geotechnical project coordination, technical support, and management during the
project. This must include work scheduling and the review of the project geotechnical reports, plans, and
specifications. Additionally, Vendor must attend all pre-grade meetings, construction field meetings, and
other coordination meetings to assure the City that all work being performed is in accordance with the
approved plans and specifications. Vendor must implement all of the decisions made during the
construction meetings. The field compaction procedures must be evaluated and recommendations will be
made where appropriate.
Report Preparation: At the completion of services, Vendor must prepare a final report that will summarize
all of the work performed on the project. The report must include observations during construction, results
of field and laboratory testing, and a conclusion as to the project's compliance with the contract plans and
specifications. Three (3) wet-signed copies of the report must be provided.
Associated Fees: Vendor must provide its geotechnical observation and material testing services for the
above referenced project in accordance with the estimated fees as presented in the Proposal Cost
Breakdown. Vendor must provide services on an on-call basis. Vendor may have to work on weekends
and at night as required. Costs for any additional reports required for this project will be negotiated with
the City before preparation.
Experience Required: A qualified candidate must have a minimum 5 years experience with Public Works
construction projects, including geotechnical experience with sewer pipeline installation, and have
completed at minimum, three (3) projects of similar work. Candidates must be familiar with the Standard
Specifications for Public Works Construction (SSPWC “Greenbook”) and Caltrans specifications.
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IV. RESPONSIBILITIES OF THE CITY
The City will direct the development of individual projects, provide management oversight,
coordinate with applicants as needed and conduct administrative arrangements.
The City will pay an agreed upon amount normally within 30 days after receipt of an
invoice(s).
The City will not be able to provide dedicated workspace facilities i.e. office space.
The City reserves the right to perform any portion of the scope of work with City personnel
and/or by other Consultants.
The City s hall furnish all applicable Policies, Procedures and Reference materials that are
unique to the City of Lake Elsinore.
V. NON-ELIGIBLE EXPENSES
Pre-contractual expenses are defined as expenses incurred by consultants in:
1. Preparing the proposal in response to this request;
2. Submitting that proposal to the Engineering Department of the City of Lake Elsinore;
3. Negotiating with the City any matters related to this RFP;
4. Any other expenses incurred by the consultants prior to date of executed Professional
Service Agreement.
The City of Lake Elsinore shall not, in any event, be liable for any pre-contractual expenses
incurred by the consultants.
VI. PROPOSAL CONTENT AND INFORMATION
Proposal shall include the following information:
1. Pdf file of complete proposal sent via e-mail.
2. A cover letter signed by an agent authorized to bind the company and including a
statement that the offer is valid for at least a ninety (90) day period.
3. Understanding of the Project.
4. Description of the firm’s approach to the Scope of Work.
5. Description of the qualifications of the firm (two page max.).
6. Resume of the Project Manager in responsible charge who will also be the City’s liaison.
7. Most recent client reference list (four clients max.), including description of work performed
at other Agencies in a similar capacity (max. one page per client).
8. List of assigned project team members, including project references, and qualifications
(max. two pages per team member).
9. Proposed Fee Schedule based on hourly rates of assigned staff, including technical and
administrative positions. Such hourly rates should be fully burdened or loaded, including
full compensation for all overhead and profit. Billing rates shall include provision for normal
office costs, including but not limited to office rental, utilities, insurance, equipment, normal
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supplies and materials, in-house reproduction services and local travel costs. Normal
office costs shall be paid at an “at cost” rate. Mark-ups on office costs shall not be made.
Fee Schedule to be submitted in a separate file and marked as Attachment A.
VII. EVALUATION OF PROPOSALS
Consultants interested in being considered must submit proposals in compliance with this
RFP. Based on evaluation of the submitted proposals, a selection committee will review
the proposal submitted . A short list of three (3) top ranked/qualified firms will be
established. Upon completion of the evaluation, firms will be ranked and negotiations will
be initiated with the highest ranked firm. The content of your proposal will become an
integral part of the contract documents. If for any reason a contract cannot be negotiated
with the selected firm, the next ranked firm will be selected from the Consultant ranking
list for negotiations.
The City reserves the right to reject any and all proposals submitted and/or request
additional information for clarification.
Selection Criteria
Proposals failing to demonstrate credible firm and key staff experience shall be eliminated
from consideration. The basis for selection of prospective consultant shall include
experience and availability of the Project Manager and other key personnel to be assigned,
understanding of the work to be performed and proposal approach, d emonstrated
competence in the services to be provided, history of meeting schedule deadlines and
completing work within budget, demonstrated competence in successful completion of
projects. Any contract to be awarded as a result of the RFP will be awarded without
discrimination based on race, color, religion, sex or national origin.
Requirements/DBE Policy
• The City’s M/W/DVBE Contract Participation Program affirms the utilization and
participation of qualified minority, women and disabled veteran firms in its
contracting and procurement activities. The City encourages candidate firms to
afford competitive subcontracting opportunities to minority, women and disabled
veteran firms, where possible, in their contracting and procurement activities with
the City of Lake Elsinore.
VIII. CONSULTANT’S PROPOSAL AND COMPENSATION
The Consultant’s Proposal shall be no more than 20 pages, excluding a cover letter of up
to two pages, dividers, and certificates. Proposals failing to provide sufficient information
and assurances of performance to accurately assess each category of the required
services and failing to comply with requirements and conditions of the RFP will not be
given further consideration. The Consultant’s Proposal shall include the following:
A. A statement that this RFQ shall be incorporated in its entirety as a part of the
Consultant's Proposal.
B. A statement that this RFQ and the Consultant's Proposal will jointly become part
of the Agreement for Professional Consultant Services for this project when said
Agreement is fully executed by the Consultant and the Mayor or City Manager of
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Lake Elsinore.
C. A statement that the Consultant’s Services to be provided, and fees therefore, will
be in accordance with the City's RFQ except as otherwise specified in the
Consultant's Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE
CITY'S REQUEST FOR PROPOSAL."
D. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS
TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed
description of all of the exceptions to the provisions and conditions of this Request
for Proposal upon which the Consultant’s Proposal is contingent and which shall
take precedent over this RFP.
E. A statement of qualifications applicable to this project including the names,
qualifications and proposed duties of the Consultant’s Staff to be assigned to this
project; a listing of recent similar projects completed including the names, titles,
addresses and telephone numbers of the appropriate persons whom the City could
contact. If one or more of the Consultant’s staff should become unavailable, the
Consultant may substitute other staff of at least equal competence only after prior
written approval by the City.
F. A statement of sub-consultant’s (include relief personnel) qualifications applicable
to this project including the names, qualifications and proposed duties of the sub-
consultant’s staff to be assigned to this project; a listing of recent similar projects
completed including the names, titles, addresses, and telephone numbers of the
appropriate persons whom the City could contact.
G. A statement that the Consultant acknowledges and understands that the
consultant will not be allowed to change the sub-consultant without written
permission from the City.
H. A statement that all charges for Consultant services is a “Not-to-Exceed Fee” which
must include conservatively estimated reimbursable expenses, as submitted with
and made a part of said Consultant's Proposal.
I. A statement that the Consultant will document and provide the results of the work
to the satisfaction of the City. This may include preparation of field and final reports,
or similar evidence of attainment of the Agreement objectives.
J. A statement that the Consultant will immediately document and notify the City of
any defects or hazardous conditions observed in the vicinity of the project site prior,
during, or after completion of work.
K. A copy of the Consultant's hourly rate schedule and a statement that said hourly
rate schedule is part of the Consultant's Proposal for use in invoicing for progress
payments and for extra work incurred that is not part of this RFP.
L. A statement that the Consultant will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
M. A statement that all federal laws and regulations shall be adhered to
notwithstanding any state or local laws and regulations. In a case of conflict
between federal, state or local laws or regulations the strictest shall be adhered to.
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N. A statement that the Consultant shall allow all authorized federal, state, county,
and City officials access to place of work, books, documents, papers, fiscal, payroll,
materials, and other relevant contract records pertinent to this special project. All
relevant records shall be retained for at least three years.
O. A statement that the Consultant shall comply with the Davis-Bacon Fair Labor
Standards Act (40 USC 276-a through a -7), and the implementation regulations
issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the
California Labor Code. Pursuant to the said regulations, entitled “Federal Labor
Standards Provisions,” Federal Prevailing Wage Decision” and State of California
prevailing wage rates, respectively.
P. A statement that the Consultant shall comply with the Copeland Anti-Kickback Act
(18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant
thereto, and any amendments thereof.
Q. A statement that the Consultant offers and agrees to assign to the City all rights,
title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing
with Section 16700] of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, services, or materials pursuant to the public
works or the subcontract. This assignment shall be made and become effective at
the time the City tenders final payment to the Consultant, without further
acknowledgment by the parties.
R. The Consultant is encouraged to include DBE firms in the Proposal when
applicable. There is no DBE goal for this project.
The Agreement is subject to 49 CFR, Part 26 entitled “Participation by
Disadvantaged Business Enterprises in Department of T ransportation Financial
Assistance Programs.” Proposers who obtain Disadvantaged Business Enterprise
(DBE) participation on this contract will assist the City in meeting its overall DBE
goal for the race-neutral program and race conscious program.
DBEs and other small businesses are strongly encouraged to participate in the
performance of Agreements financed in whole or in part with federal funds (49 CFR
26, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs”). The Consultant should ensure
that DBEs and other small businesses have the opportunity to participate in the
performance of the work that is the subject of this solicitation and should take all
necessary and reasonable steps for this assurance. The Consultant shall not
discriminate on the basis of race, color, national origin, sex, age, or physical or
mental disability, sexual orientation or retaliation in the award and performance of
subcontracts.
A Race-Neutral Program is one that, while benefiting DBEs, is not solely focused
on DBE firms. A Race-Neutral Program utilizes measures that can assist a wide
variety of small businesses including DBEs, such as arranging solicitations, times
for the presentation of proposals, quantities, specifications, and delivery schedules
in ways that facilitate DBE and other small business participation (e.g., unbundling
large contracts to make them more accessible to small businesses, requiring or
encouraging prime Consultants to subcontract portions of work that they might,
otherwise, perform with their own forces). Race-neutral DBE participation includes
any time a DBE obtains a prime contract through customary competitive
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procurement procedures or is awarded a subcontract on a prime contract that does
no t carry a DBE goal or even if there is a DBE goal, wins a subcontract from a
prime Consultant that did not consider its DBE status in making the award.
Race conscious program is focused specifically on assisting only Underutilized
Disadvantaged Business Enterprises (UDBE). UDBEs are limited to those DBE’s
that are owned and controlled by African Americans, Asian Pacific Americans,
Native Americans, and women
Good faith efforts are required to meet the UDBE contract goals. In order to show
good-faith-effort in obtaining a DBE Consultant or sub -consultant, the following
criteria have been established:
1. The Consultant can meet the goal, documenting commitments for
participation by UDBE firms sufficient to meet the goal.
2. Even if the Consultant does not meet the goal, the Consultant can
document adequate good faith efforts. The Consultant must show that they
took all necessary reasonable steps to achieve a UDBE goal.
3. A good-faith-effort by the prime Consultant in trying to secure participation
by UDBE’s prior to award of this contract shall be documented and the
documentation shall be submitted in writing. The following types of actions
will be considered a part of the Consultants good faith efforts to obtain
UDBE participation.
a. Soliciting through all reasonable and available means (e.g.,
attendance at pre-proposal meetings, advertising and/or written
notices) the interest of all certified UDBEs who have the capability
to perform the work of the contract. The Consultant must solicit this
interest within sufficient time to allow the UDBEs to respond to the
solicitation. The Consultant must determine with certainty if the
UDBEs are interested by taking appropriate steps to follow-up initial
solicitations.
b. Selecting portions of the work to be performed by UDBEs in order
to increase the likelihood that the UDBE goal will be achieved. This
includes, where appropriate, breaking out contract work items into
economically feasible units to facilitate UDBE participation, even
when the prime Consultant might otherwise prefer to perform these
work items with their own forces.
c. Providing interested UDBEs with adequate information about the
requirements of the contract in a timely manner to assist them in
responding to a solicitation.
d. Negotiating in good faith with interested UDBEs. It is the
Consultants responsibility to make a portion of the work available to
UDBE sub-consultants, and to select those portions of the work
consistent with the available UDBE sub-consultants, so as to
facilitate UDBE participation. Evidence of such negotiation includes:
names, addresses, telephone numbers of UDBEs that were
considered; a description of the information provided regarding the
work selected for sub-consultants, and evidence as to why
agreements could not be reached for UDBEs to perform the work.
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e. Not rejecting UDBEs as being unqualified without reasons based
on a thorough investigation of their capabilities. The consultant’s
standing within its industry, membership in specific groups,
organizations or associations, and political or social affiliations are
not legitimate causes for the rejection or non-solicitation of
proposals in the Consultant’s efforts to meet the project goal.
f. Making efforts to assist interested UDBEs in obtaining bonding,
lines of credit or insurance as required by the recipient Consultant.
g. Making efforts to assist interested UDBEs in obtaining necessary
equipment, supplies, materials or related assistance or services.
h. Effectively using the services of available minority or women
community organizations, minority or women consulting groups,
local, state and federal minority or women business assistance
offices, and other organizations as allowed on a case-by-case basis
to provide assistance in the recruitment and placement of UDBEs.
S. Complete Disclosure of Lobbying Activities (Form LLL – see attached)
T. Complete List of subconsultants.
IX. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES
A. The Consultant shall be required to comply with all federal, state, and local laws and
ordinances applicable to the work. This includes compliance with prevailing wage rates
and their payment in accordance with California Labor Code, Section 1775.
B. The Consultant is required to submit certified payrolls weekly. This applies to all
applicable field personnel working on the project. In accordance with Section 1771.5
(b) (5) of the California Labor Code, the City will withhold payments when the payroll
records are delinquent or inadequate.
X. FEDERAL EMPLOYEE BENEFIT
No member of, or delegate to, the Congress of the United States, and no Resident
Commissioner shall be admitted to any share or part of the Agreement to the said project
or to any benefit to arise from the same.
The Consultant shall complete and include the “Certification for Contracts, Grants, Loans,
and Cooperative Agreements” and “Disclosure of Lobbying Activities” forms with the
Proposal.
XI. PAYMENT TO CONSULTANT
A. This work is to be performed for a “Not-to-Exceed Fixed Fee.”
B. The Consultant shall provide a “Payment Schedule” indicating the fee for individual
tasks with a “Not-to-Exceed Fixed Fee” which shall be the sum of all tasks.
C. Tasks shall include, but not be limited to, all Professional Consultant Services
necessary to complete the work covered by this Proposal.
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D. The City will pay the Consultant for work completed as identified in the Payment
Schedule.
E. Progress payments shall be based on tasks performed as identified in the Payment
Schedule. Monthly invoices will specifically identify job title, person-hours, and
costs incurred by each task.
F. Sub-categorization of tasks is permitted to better define the task for payment.
G. Reimbursement costs such as mileage, printing, telephone, photographs, postage
and delivery, are to be included in the “Not-to-Exceed Fixed Fee.”
H. All tasks including labor and reimbursable costs such as mileage, printing,
telephone, photographs, postage, and delivery shall have supporting
documentation presented at the time payment is requested.
I. The City will pay the Consultant for all acceptable services rendered in accordance
with the “Agreement for Professional Consultant Services.”
J. When the Consultant is performing, or is requested to perform, work beyond the
scope of service in the “Agreement for Professional Consultant Services,” an
“Amendment to the Agreement” will be executed between the City and Consultant.
K. Payment will be based on hourly rate for work completed associated with each
applicable task as identified in the consultant’s proposal.
L. Consultant will need to purchase a valid City Business License.
XII. INSURANCE
A. The Consultant shall provide Errors and Omissions Professional Insurance. Such
coverage limits shall not be less than $1,000,000 per claim and aggregate.
B. The Consultant shall have Public Liability and Property Damage Insurance in the
amounts as follows:
GENERAL LIABILITY
Bodily Injury $1,000,000 per occurrence
Property Damage $ 500,000 per occurrence
A combined single limit policy with aggregate limits in the amount of $2,000,000
will be considered equivalent to the above minimum limits.
C. The Consultant shall have Public Liability and Property Damage Insurance
coverage for owned and non-owned automotive equipment in the amount of not
less than $1,000,000.
D. They 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
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E. The Consultant shall have Workers’ Compensation Insurance in the amounts as
will fully comply with the laws of the State of California.
F. A Certificate of Insurance or an appropriate binder shall bear an endorsement
containing the following provisions:
"Solely as respect to services done by or on behalf of the named
insured for the City of Lake Elsinore, it is agreed that the City of Lake
Elsinore, its officers, employees and agents are included as additional
insured under this general liability policy and the coverage(s) provided
shall be primary insurance and not contributing with any other
insurance available to the City of Lake Elsinore, its officers and
employees and agents, under any third party liability policy."
G. Insurance companies providing insurance hereunder shall be rated (A minus: VII -
Admitted) or better A.M. Best's Insurance Rating Guide and shall be legally
licensed and qualified to conduct insurance business in the State of California.
H. The terms of the insurance policy or policies issued to provide the above insurance
coverage shall not be amended to reduce the above required insurance limits and
coverage’s nor shall such policies be canceled by the carrier without thirty (30)
days prior written notice by certified or registered mail of amendment or
cancellation to the Agency, except that cancellation for non-payment of premium
shall require ten (10) days prior written notice by certified or registered mail. In the
event the said insurance is canceled, the Consultant shall, prior to the cancellation
date, submit to the City Clerk new evidence of insurance in the amount established.
I. It is the consultant’s responsibility to ensure that all subconsultants comply with
the following: Each subconsultant that encroaches within the City’s right-of-way
and affects (i.e., damages or impacts) City infrastructure must comply with the
liability insurance requirements of the City’s Public Works Division. Examples of
such subconsultant work include soil sample borings, utility potholing, etc.
The “Application for Encroachment Permit” form (four pages), including
“Application for Encroachment Permit Liability Insurance Requirements,” is
available in the Public Works Division and must be completed and submitted in full
to the City Project Manager. It is the Consultant’s responsibility to ensure that all
subconsultants submit the appropriate encroachment permit and insurance
documentation at the same time that the Consultant’s insurance documentation is
submitted.
XII. INDEMNIFICATION
A. The Consultant agrees to indemnify, defend, and save the City of Lake Elsinore,
their officers, agents and employees harmless from any and all liability, claims,
demands, damages, or injuries to any person, including injury to the Consultant's
employees and all claims which arise from or are connected with the negligent
performance of or failure to perform the work or other obligations of the Consultant
under this Agreement, or are caused or claim to be caused by the negligent acts
of the Consultant, its officers, agents or employees, or its subconsultant(s) or any
person acting for the Consultant or under its control or direction; provided,
however, that this indemnification and hold harmless shall not include claims
arising from the sole negligence or willful misconduct of the City, their officers,
agents or employees.
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B. The City agrees to indemnify, defend and save the Consultant and their officers,
agents and employees harmless from any and all liability, claims, damages or
injuries to any person, including injury to the City's, employees and all claims which
arise from or are connected with the negligent performance or failure to perform
the services or other obligations of the City under this Agreement, or are caused
or claim to be caused by the negligent acts of the City, their officers, agents or
employees, or its subcontractor(s) or any person acting for the City or under its
control or direction; provided, however, that this indemnification and hold harmless
shall not include any claims arising from the sole negligence or willful misconduct
of the Consultant, its officers, agents, or employees (PCC 20103.6).
XIII. TERMINATION FOR CONVENIENCE OF THE CITY
The City reserves the right to terminate the "Agreement for Professional Consultant
Services" for the "convenience of the City" at any time by giving ten (10) days written
notice to the Consultant of such termination and specifying the effective date thereof. All
finished or unfinished drawings, maps, documents, field notes and other materials
produced and procured by the Consultant under the said aforementioned Agreement is,
at the option of the City, City property and shall be delivered to the City by the
Consultant within ten (10) working days from the date of such termination. The City will
reimburse the Consultant for all acceptable work performed as set forth in the executed
Agreement.
XIV. INDEPENDENT CONTRACTOR
The Consultant's relationship to the City in the performance of the Consultant's services
for this project is that of an independent Contractor. The personnel performing said
Surveying Services shall at all times be under the Consultant's exclusive direction and
control and shall be employees of the Consultant and not employees of the City. The
Consultant shall pay all wages, salaries and other amounts due his employees in
connection with the performance of said work shall be responsible for all employee reports
and obligations, including but not necessarily restricted to, social security, income tax
withholding, unemployment compensation, and Workers’ Compensation.
XV. CONTRACT
The Contract includes the Agreement for Professional Consultant Services, City's Request
for Proposal, Consultant's Proposal, and Exhibits.
The Political Reform Act and the City’s Conflict of Interest Code require that consultants
be considered as potential filers of Statements of Economic Interest. Consultants, as
defined by Section 18701, may be required to file an Economic Interest Statement (Form
700) within 30 days of signing a Consultant Agreement with the City, on an annual basis
thereafter if the contract is still in place, and within 30 days of completion of the contract.
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XVI. GENERAL CONDITIONS
A. Pre-contractual expenses are defined as expenses incurred by the Consultant in:
(1) preparing the Proposal; (2) submitting the Proposal to the City; (3) presentation
during selection interview; (4) negotiating with the City any matter related to this
Proposal; (5) any other expenses incurred by the Consultant prior to an executed
Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses incurred
by the Consultant.
B. The Consultant is responsible for notifying Underground Service Alert and
providing proper traffic control, at no additional expense to the City.
C. The City reserves the right to withdraw this RFP at any time without prior notice.
Further, the City makes no representations that any Agreement will be awarded to
any Consultant responding to this RFP. The City expressly reserves the right to
postpone reviewing the Proposal for its own convenience and to reject any and all
Proposals responding to this RFP without indicating any reasons for such
rejection(s).
D. The City reserves the right to reject any or all Proposals submitted. Any Contract
awarded for these Consultant engagements will be made to the Consultant who,
in the opinion of the City, is best qualified.
The following exhibits are attached, made a part hereof, shall be completed if and
as required, and shall be considered as part of the executed agreement between
the City of Lake Elsinore and the successful Consultant.
City Attachments: Attachment “A” Sample Agreement for Professional Services
Attachment “B” Elements of Compensation
Attachment “C” Sample list of Subconsultants
Attachment “D” Sample Exemption from Workers Compensation
Insurance
Attachment “E” Disclos ure of Lobbying Activities
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ATTACHMENT “A”
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
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AGREEMENT FOR PROFESSIONAL SERVICES
Click or tap here to enter text.
Click or tap here to enter text.
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of Click or tap to enter a date., by and between the City of Lake Elsinore, a municipal corporation
(‘‘City") and Click or tap here to enter text., a Click or tap here to enter text. ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Click or tap here to enter text.
B. Consultant has submitted to City a proposal, dated Click or tap to enter a date.,
attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide
professional services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the te rms 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.
c. Term. Unless earlier terminated as provided elsewhere in this Agreement,
this Agreement shall continue in full force and effect for a period commencing on Click or tap to
Annual Professional Services A greement Page 1
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enter a date. and ending Click or tap to enter a date.. The City may, at its sole discretion, extend
the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month
renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before
the end of the contract term, such notice to be exercised by the City Manager.
3. Compensation.
a. Compensation to be paid to Contractor shall be in accordance with the
fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor's annual compensation exceed Click or tap
here to enter text. (Click or tap here to enter text.) 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.
b. The compensation paid to Contractor may be adjusted on each July 1
following the first anniversary of the commencement of the term of this Agreement, provided
that The request for cost of living adjustment shall be presented to the City no later than June
1st of a particular year and, if approved by the City, will become effective on July 1st of that
year. Any adjustment will be based on the Los Angeles-Riverside-Orange County Consumer
Price Index (CPI) but in no event shall the price adjustment exceed five percent (5%).
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 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
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DRAFT
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7. 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 Agre ement. 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.
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8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
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, employe es, 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
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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
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.
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15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non -renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
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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 th is insurance shall not be less than one million dollars ($1,000,000) on a
claims -made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
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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: Click or tap here to enter text.
Attn: Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
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.
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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.
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.
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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.
A
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
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“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Jason Simpson, City Manager
ATTEST:
Candace Alvarez, City Clerk
DR
APPROVED AS TO FORM:
City Attorney
“CONSULTANT”
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to enter text.
By: Click or tap here to enter text.
Its: Click or tap here to enter text.
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EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
DRAFT
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ATTACHMENT “B”
ELEMENTS OF COMPENSATION
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Attachment B 1 On -Call Geotechnical Testing Services
Services
For the satisfactory performance and completion of the Services under this agreement, the City
will pay the Consultant compensation as set forth herein. The total compensation for this service
shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT) ($ INSERT NUMERICAL DOLLAR
AMOUNT ) without Written approval of City’s City Manager (or applicable position) (“Total
Compensation”)
1. ELEMENTS OF COMPENSATION
Compensation for the services will be comprised of the following elements: 1.1 Direct
Labor Costs; 1.2 Fixed Fee, and; 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS
Direct Labor Costs shall be paid in an amount equal to the product of the Direct
Salary Costs and the Multiplier, which are defined as follows:
1.1.1 Direct Salary Costs
Direct Salary Costs are the base salaries and wages actually paid to the
Consultant’s personnel directly engaged in performance of the Services under
the Agreement. (The range of hourly rates paid to the consultant’s personnel
appears in Section 2 below.)
1.1.2 Multiplier
The multiplier to be applied to the Direct Salary Costs to determine the Direct
Labor Costs is , and is the sum of the following components:
1.1.2.1 Direct Salary Costs: 1.0 .
1.1.2.2 Payroll Additives
The decimal ratio of Payroll Additives to the Direct Salary Costs. Payroll
Additives include all employee benefits, allowances for vacation, sick
leave, and holidays, and company portion of employee insurance and
social and retirement benefits, all federal and state payroll taxes,
premiums for insurance which are measured by payroll costs, and other
contributions and benefits imposed by applicable laws and regulations.
1.1.2.3 Overhead Costs
The decimal ratio of allowable Overhead Costs to the Consultant firm’s
total Direct Salary Costs. Allowable Overhead Costs include general,
administrative and overhead costs of maintaining and operating
established offices, and consistent with established firm policies, and as
defined in the Federal Acquisitions Regulations, Part 31.2
Total Multiplier
(Sum of 1.1.2.1, 1.1.2.2 and 1.1.2.3)
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Attachment B 2 On -Call Geotechnical Testing Services
Services
1.2 FIXED FEE
1.2.1 The Fixed Fee (Not to Exceed) is $
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total
Direct Labor Costs expended for services each month, and shall
be included on each monthly invoice.
1.3 ADDITIONAL DIRECT COSTS
Additional Direct Costs directly identifiable to the performance of the services of
this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
Item Reimbursement Rate (insert charges)
Per Diem $ / day
Car mileage $ / mile
Travel $ / trip
Computer Charges $ / hour
Photocopies $ / copy
Blueline $ / sheet
LD Telephone $ / call
Fax $ / sheet
Photographs $ / sheet
Travel by air and travel in excess of 100 miles from the Consultant’s office
nearest to the City’s office must have the city’s prior written approval to be
reimbursed under this agreement.
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct
Salary Costs in Section 1.1.1 above, are given below and are subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime
work, unless payment of a premium for overtime work is required by law, regulation, or
craft agreement, or is otherwise specified in the Agreement. In such event, the premium
portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph
1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the
effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the
Consultant’s adjustment to individual compensation. The Consultant shall notify the City
in writing prior to a change in the range of rates included herein, and prior to each
subsequent change.
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Attachment B 3 On -Call Geotechnical Testing Services
Services
POSITION or CLASSIFICATION RANGE OF HOURLY RATES
(Sample)
Principal
Project Manager
Sr. Engineer / Planner
Project Engineer / Planner
Assoc. Engineer / Planner
Technician
Drafter / CADD Operator
Word Processor
2.3 The above rates are for the consultant only. All rates for subconsultants to the
consultant will be in accordance with the Consultant’s cost proposal.
3. INVOICING
3.1 Each month the Consultant shall submit an invoice for Services
performed during the preceding month. The original invoice shall be submitted to the
City to the attention of the Project Manager.
3.2 Each invoice shall include the following (as applicable):
Project Name
Project Number
Purchase Order Number
3.3 Charges shall be billed in accordance with the terms and rates included
herein, unless otherwise agreed in writing by the City.
3.4 Base Work and Extra Work shall be charged separately. The charges for
each task and/or Milestone in the Scope of Services shall be listed separately. The
charges for each individual assigned by the Consultant under this Agreement shall be
listed separately on an attachment to the invoice.
3.5 A charge for any Additional Direct Costs shall be accompanied by
substantiating documentation satisfactory to the City such as invoices telephone logs,
etc.
3.6 Each copy of each invoice shall be accompanied by a Monthly Progress
Report and spreadsheets showing hours expended by task for each month and total
project to date.
3.7 Each invoice shall include a certification signed by the Consultant’s
Representative or an officer of the firm, which reads as follows:
I hereby certify that the hours and salary charged in this invoice
are the Actual Hours and Rates worked and paid to the employees listed.
Signed
Title
Date
Invoice No.
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Attachment B 4 On -Call Geotechnical Testing Services
Services
4. PAYMENT
4.1 The City shall pay the Consultant within four to six weeks after receipt by the City
of an original invoice. Should the City Contest any portion of an invoice, that
portion shall be held for resolution, without interest, but the uncontested balance
shall be paid.
4.2 The final payment for Services under this Agreement will be made only after the
Consultant has executed a Release and Certification of Final Payment.
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ATTACHMENT “C”
SAMPLE LIST OF SUBCONSULTANTS
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Attachment C 1 On-Call Geotechnical Testing Services
Services
LIST OF SUBCONSULTANTS
NAME LICENSE NO. AND CLASSIFICATION
TELEPHONE DESCRIPTION OF WORK CONTRACTED:
ADDRESS
CITY, ZIP
NAME LICENSE NO. AND CLASSIFICATION
TELEPHONE DESCRIPTION OF WORK CONTRACTED:
ADDRESS
CITY, ZIP
NAME LICENSE NO. AND CLASSIFICATION
TELEPHONE DESCRIPTION OF WORK CONTRACTED:
ADDRESS
CITY, ZIP
Duplicate this form as necessary to report all subconsultant(s) information.
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ATTACHMENT “D”
EXEMPTION FROM WORKERS COMPENSATION
(IF APPLICABLE)
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Attachment D 1 On-Call Geotechnical Testing
Services
ect to the Work
__________, 20
CERTIFICATE OF EXEMPTION FROM
WORKERS’ COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered into, I
shall not employ any person in any manner so as to become subject to the Workers’ Compensation
Laws of the State of California.
Executed on this day of , 2020 at California.
Consultant
(If you are required by law to provide workers’ compensation insurance coverage for your employees,
STRIKE-THROUGH and NOTE NOT APPLICABLE (N/A) over the Certificate. See sample below.)
Consultant
13 at California. Executed on this day of
CERTIFICATE OF EXEMPTION FROM
WORKERS COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ
any person in any manner so as to become subj ers’ Compensation Laws of the State of California.
N/A
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ATTACHMENT “E”
DISCLOSURE OF LOBBYING ACTIVITIES
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Attachment E 2 On -Call Geotechnical Testing Services
Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure)
Approved by OMB
0348-0046
1. Type of Federal Action:
a. contract
_ b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award
3. Report Type:
a. initial filing
b. material change
For material change only:
Year _ quarter _
Date of last report
4. Name and Address of Reporting Entity:
_ Prime _ Subawardee
Tier , if Known:
Congressional District, if known:
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
11. Information requested through this form is
authorized by title 31 U.S.C. section 1352. This
disclosure of lobbying activities is a material
representation of fact upon which reliance was
placed by the tier above when this transaction was
made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to the Congress semi-annually and will be
available for public inspection. Any person who fails
to file the required disclosure shall be subject to a
civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
Signature: _
Print Name: _ _
Title:
Telephone No.: _ _ Date: _ _
Federal Use Only
Authorized for Local Reproduction
Standard Form - LLL (Rev. 7-97)
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Attachment E 3 On -Call Geotechnical Testing Services
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section
1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for
both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management
and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change
to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District,
if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or
subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards
include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city,
State and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the
full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1
(e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes,
e.g., “RFP-DE-90-001.”
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB
control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of
information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and compl eting and reviewing the collection of information. Send comments regarding the burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to the Off ice of Management and Budget, Paperwork Reduction
Project (034
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Page 1
AGREEMENT FOR CONTRACTOR SERVICES
LOR Geotechnical Group, Inc.
ON-CALL GEOTECHNICAL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of
February 14, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”)
and LOR Geotechnical Group, Inc., a Corporation (the “Contractor”).
RECITALS
A.The City has determined that it requires the following services:
Engineering On-call Geotechnical Testing Services
B.The City has prepared a request for a proposals and Contractor has submitted to City
a proposal, dated December 15, 2022, both of which are attached hereto as Exhibit A (collectively,
the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City
pursuant to the terms of this Agreement.
C.Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms and
conditions Agreement.
AGREEMENT
1.Scope of Services. Contractor shall perform the services and related work described
in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the
time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction
of the City through its staff that it may provide from time to time. Contractor acknowledges that the
Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support
on an as needed basis.
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 services and related work to be performed by Contractor
is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the
services and related work contemplated pursuant to this Agreement consistent with Contractor's
Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools,
expendable equipment, and all taxes, utility and transportation services required to perform such the
services and related work.
b.Performance Schedule. Contractor shall commence the services and related
work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services and related work 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 and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and
effect for a period commencing on February 14, 2023 and ending June 30, 2024. The City may, at
its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional
twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty
(30) days before the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by
the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work
or services as all work or services shall be authorized through a Task/Work Order issued by the City.
3.Compensation. Compensation to be paid to Contractor shall be in accordance with
the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated
herein by reference. In no event shall Contractor's annual compensation exceed Sixty Thousand
dollars ($60,000) 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.
Contractor 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
Page 3
Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of
Payment" herein.
7.Plans, Reports, 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 Contractor or provided, to Contractor 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. Contractor shall not, without the prior written
consent of City, use such materials 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.Contractor'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 Contractor to this
Agreement.
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
Page 4
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, 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 Contractor. Contractor (including principals, associates and management
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of 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.
Page 5
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
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.Ability of Contractor. City has relied upon the 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 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
contractors 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 the 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. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)
the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims
for damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section
and that it is a material element of consideration.
Page 6
16.Insurance Requirements .
a.Insurance. Contractor, at Contractor'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. Contractor 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, Contractor 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
Contractor for City. In the event that Contractor 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, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation
Insurance in a form approved by the City Attorney.
ii.General Liability Coverage. Contractor 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. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
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.
b.Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the
following specific language :
i.Notwithstanding any inconsistent statement in any required insurance
policies or any subsequent endorsements attached thereto, the protection offered by all policies, except
for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its
officers, employees, servants, volunteers and agents and independent contractors, including without
limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall
be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits
to coverages.
ii.This policy shall be considered primary insurance as respects the City,
Page 7
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, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Contractor 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 Contractor: LOR Geotechnical Group, Inc.
Attn: John P. Leuer
6121 Quail Valley Court
Riverside, CA 92507
Page 8
18.Assignment and Subcontracting. The parties recognize that a substantial inducement
to City for entering into this Agreement is the reputation, experience and competence of Contractor.
Contractor 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 Contractor under this Agreement will be
permitted only with the express consent of the City. Contractor shall not subcontract any portion of
the work to be performed under this Agreement without the written authorization of the City. If City
consents to such subcontract, Contractor 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. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Contractor 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 Contractor, 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. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24.Prevailing Wages. Contractor 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. Contractor
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, Contractor shall bear all risks of payment or non-
payment of prevailing wages under California law, and Contractor hereby agrees to defend,
Page 9
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. Contractor 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. Contractor’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 Contractor’s Proposal.
30.Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
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
“CONTRACTOR”
LOR Geotechnical Group, Inc., a Corporation
Page 10
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: John P. Leuer
Its: President
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
FEE SCHEDULE
AUGUST 2022
SERVICES
Geotechnical Engineering
LOR Geotechnical Group, Inc. provides geotechnical engineering services, including: preliminary geotechnical
investigations, foundation investigations, percolation feasibility investigations, liquefaction evaluation
investigations, as well as grading observation materials testing services.
Geological
LOR Geotechnical Group, Inc. provides geological services, engineering geology investigations, seismic setting
studies, slope stability investigations, liquefaction susceptibility investigations, hydrology/water resource studies,
and bedrock rippability evaluations.
Environmental
LOR Geotechnical Group, Inc. provides, environmental site assessments, underground storage tank
investigations and remediation investigations, groundwater monitoring systems, soil and groundwater sampling
and analysis, and environmental studies for property transfers.
All costs for Geotechnical Engineering, Geological, and Environmental Services are based on the site and
investigative parameters requested.
FEES
The hourly personnel charges and laboratory test unit rates are as follows:
Personnel Charges-Hourly
Principal Engineer...........................................................$300.00
Project Engineer/Geologist....................................................$165.00
Staff Engineer/Geologist......................................................$140.00
Soil Technician/Deputy Inspector (Field or Laboratory) 1.............................$104.00
Soil Technician/Deputy Inspector (Prevailing Wage) 1, 2.............................$132.00
Soil Technician/Deputy Inspector (CBA) 1, 2.......................................$142.00
Traffic Control (Prevailing Wage) 1, 2.............................................$122.00
Drafting....................................................................$95.00
Clerical.....................................................................$80.00
Laboratory Testing Charges - Unit Costs
CT 202: Sieve Analysis (Soil)..................................................$110.00
CT 202: Sieve Analysis (Aggregate).............................................$140.00
CT 202: #200 Sieve Wash.....................................................$65.00
CT 205: Crushed Particle Analysis..............................................$140.00
CT 207: Specific Gravity Absorption of Fine Aggregate..............................$150.00
CT 211: LA Rattler...........................................................$250.00
CT 213: Organic Impurities.....................................................$80.00
CT 217: Sand Equivalent.....................................................$120.00
CT 217: Sand Equivalent -QC..................................................$130.00
CT 226: Moisture Content......................................................$30.00
CT 227: Cleanness Value.....................................................$130.00
CT 229: Durability Index Fine/Coarse............................................$260.00
CT 235: Percentage of Flat and Elongated Particles in Coarse Aggregate...............$100.00
CT 301: R-Value............................................................ $350.00
CT 305: Swell Tests.........................................................$100.00
CT 307: Moisture Vapor Susceptibility........................................... $175.00
CT 308 & CT 366: Asphalt Concrete Density & Stability/Rubberized............$220.00/$270.00
CT 308: Asphalt Concrete Density/Rubberized............................. $130.00/$190.00
CT 309: Asphalt Concrete Theoretical Maximum Density ............................$175.00
CT 366: Asphalt Concrete Stability/Rubberized............................. $200.00/$250.00
CT 382: Asphalt Extraction & Gradation..........................................$260.00
CT 521: Concrete Cylinder Compressive Strength..................................$35.00
CT 523: Beam Cylinder .......................................................$75.00
Concrete & Beam Cylinder Hold.................................................$10.00
ASTM D6913/7928: Mechanical Analysis.........................................$220.00
ASTM D1557: (Modified)/ ASTM D698: (Standard) Proctor (4").......................$190.00
ASTM D1557: (Modified)/ ASTM D698: Proctor (6" or Cal-216).......................$220.00
ASTM D2434: Permeability....................................................$400.00
ASTM D2435: Consolidation...................................................$240.00
ASTM D5333: Collapse Potential...............................................$200.00
ASTM D2216: Moisture Content................................................. $30.00
ASTM D221/D2937: Moisture/Unit Weight (Ring)................................... $40.00
ASTM D2974: Organic Matter Test...............................................$90.00
ASTM D4318: Atterberg Limits.................................................$220.00
ASTM D4829: Expansion Index................................................$190.00
ASTM D3080: Direct Shear....................................................$270.00
Soluble Sulfate: (Test Kit SF-1).................................................$80.00
1 10% field supervision and equipment/vehicle charge will be added to all field services.
2 Rate based on current State determined prevailing wage rates as of the date of this document. Adjustments
to our rates may be necessary based on the actual State determined prevailing wage rates at the time of our
work.
TERMS
Reimbursable Expenses
Outside services performed by others and direct costs expended on the client's behalf are charged at cost plus
twenty percent. These expenses include rental of drill rigs, bulldozers, backhoes, travel and subsistence,
permits, reproduction costs, etc.
Travel Time
Travel time required to provide professional or technical services will be charged at the appropriate hourly rates.
Overtime
An overtime rate of 1.5 times the standard rate will be used for time in excess of 8 hours per day and Saturdays.
An overtime rate of 2.0 times the standard rate will be added for work on Sundays, official company holidays,
and on all work in excess of 12 hours per day.
Prepayments
A retainer of fifty percent of the total fee is required for all field studies. The balance of the fee must be paid at
the time the report is released to the client.
Billing
Billings will be provided periodically and will be classified by fee categories set forth above or as given by
proposal.
Terms of Payment
Invoices rendered for professional services are due upon presentation. A service charge of 1.5 percent, per
month, may be charged on accounts not paid within thirty days to cover additional processing and carrying
costs. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by the client.
STATEMENT OF QUALIFICATIONS
ON-CALL GEOTECHNICAL ENGINEERING
AND TESTING SERVICES,
CITY OF LAKE ELSINORE, CALIFORNIA
REFERENCE NO. 7079.P
DECEMBER 15, 2022
Prepared f or:
City of Lake Elsinore
Engineering Division
130 S. Main Street
Lake Elsinore, Calif ornia 92530
Attention: Mr. Carlos Norvani
Table of Contents
Page No.
UNDERSTANDING OF PROJECT........................................2
APPROACH TO SCOPE OF WORK.......................................2
DESCRIPTION OF QUALIFICATIONS.....................................4
RESUMES...........................................................6
PROJECTS COMPLETED BY KEY PERSONNEL............................9
CLIENT REFERENCE LIST.............................................14
CLOSURE..........................................................17
LOR GEOTECHNICAL GROUP, INC.
December 15, 2022
City of Lake Elsinore, Engineering Division Reference No. 7079.P
130 S. Main Street
Lake Elsinore, Calif ornia 92530
Attention:Mr. Carlos Norvani
Subject:Statement of Qualifications, On-Call Geotechnical Testing Services, City of
Lake Elsinore, Calif ornia.
Reference:Request for Qualifications, Engineering On-Call Geotechnical Testing
Services, City of Lake Elsinore, dated January 19, 2023.
In accordance with your request for qualifications (RFQ), LOR Geotechnical Group, Inc.
(LOR) is pleased to submit this Statement of Qualifications to demonstrate our ability to
provide the proposed geotechnical testing services during an on-call services agreement
with the City of Lake Elsinore, California.
The legal name of our business is LOR Geotechnical Group, Inc., and we are located at
6121 Quail Valley Court, in the city of Riverside, California. LOR is a multi-disciplinary
geotechnical, engineering, and consulting firm providing sound solutions and innovative
strategies in the geotechnical, geologic, environmental, and construction inspection fields
for our clients since 1988. Our firm has extensive experience with providing geotechnical
engineering, compaction testing, and materials testing services on a wide range of capital
improvement projects including domestic water, general district, sanitation, storm water,
non-potable water, ground water replenishment, and more.
As stated in the RFQ, the terms and conditions of our statement of qualifications, and the
associated fee schedule, is valid for a period of 90 days. W e welcome any questions or
comments that you may have regarding this document. W e can be reached by telephone
at (951) 653-1741, and by email at tguillen@lorgeo.com or jleuer@lorgeo.com. For
additional inf ormation about our com pany you can visit our website at www.lorgeo.com.
Respectfully submitted,
John P. Leuer, President
LOR Geotechnical Group, Inc.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
UNDERSTANDING OF PROJECT
LOR has been in business for over 34 years and has provided services similar to those
presented in the RFQ for dozens of municipalities located throughout southern California,
on hundreds of different projects. Our team is familiar with the many considerations that
are involved with different types of public improvements projects. All staff members that
will be assigned to provide the proposed services have been employed with LOR for a
minimum of 15 years. Our very low turn over rate allows us to leverage our experience in
planning, design, and f ield operations in order to achiev e the City’s project objectives.
W e understand that althoug h these types of projects might be similar to projects that we
have served on in the past, each project has its own distinct requirements. Prior to the start
of construction we begin to familiarize ourselves with the project by conducting a thorough
review of the project documentation. If requested by the City, we can provide a proposal
for each project that we are called to service during the on-call services agreement. Our
proposals typically include a detailed scope of services that’s based on our review and
understanding of the project documentation. Our proposals also include a cost estimate
that typically reflects the services that we have anticipated over the project duration.
Prior to the start of construction our engineering staff is available to attend pre-construction
meetings to discuss the geotechnical and materials testing aspects of the project. Our
engineering staff often provides materials submittal review to help verify that the materials
that have been proposed for use on the project meet the requirements specified by the
project documentation . These pre-construction processes help ensure that project
expectations are ultim ately delivered.
Each member of our team understands the many considerations that are involved during
construction of a public improvements project, including the budget considerations. Our
project management team will work closely with our field technicians and your construction
management team to ensure that our services are being provided as needed, and that the
relevant laboratory testing is being assigned and completed. Every step of the way, we will
work closely with the city of Lake Elsinore to ensure that the project quality goals are being
met, within the allocated budg et.
APPROACH TO SCOPE OF WORK
W hen our of fice is contacted to serve under the terms of an on-call services agreement,
our dispatch personnel will assign a qualified representative to perform the requested
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
services. If additional technical support is required, our geologists and technicians have a
direct line of communication to our principal engineer to discuss the details related to our
projects. Additionally, our project managers maintain direct lines of communication with our
field staff and our clients to help ensure projects run sm oothly.
Prior to the start of construction our project management team will have reviewed the
construction drawings, technical provisions, and contract information to have a full
understanding of the project, as well as our firm’s role as a consultant and provider of
geotechnical engineering services. Our engineering staff is available prior to, and during
construction, to attend construction meetings and to provide material submittal review if
requested by the city of Lake Elsinore.
Prior to arriving onsite to the project, our technician’s will have a thorough understanding
of their role in the proposed construction. This includes the compaction testing frequency,
minimum relative compaction specifications, sampling frequency, and materials
specifications.
All of our field personnel have a company owned vehicle with a company logo displayed.
In addition to providing a vehicle, we also provide our personnel with all of the equipment
necessary to perform the requested services. LOR ensures that our field personnel have
the most up-to-date tools, maintained in good working order, and calibrated as required.
At the start of construction, this firm should obtain native soil samples during the
contractor’s pot holing operation for utility trench backfill projects, or during the demolition
phase of a roadway improvement project. W e prefer to obtain our initial soil samples as
early as practically possible to help ensure that our field personnel are able to provide
timely compaction test and quality compliance results to your construction inspection team.
Our technicians have been trained to provide soil classification during sampling of onsite
and imported soil materials.
All of our field technicians have extensive experience with providing geotechnical
observation and compaction testing during grading, various types of underground utility
trench backfills, a wide range of roadway rehabilitation methods, and asphalt paving. Our
field technicians have all been certified by the Caltrans district engineer to perform
materials sampling and compaction testing procedures. Our technicians understand the
capabilities of all the commonly used compaction equipment and earthwork methodologies.
They are able to interpret the compaction test data, and concisely communicate their
measurements to the construction inspector and to the contractor performing the work.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
They are adept at helping the contractor troubleshoot issues as they arise. Our staff has
an in-depth knowledge of their compaction testing equipment and routinely perform
verification testing to ensure their equipment is functioning properly.
In addition to soil, aggregate, and hot-mix asphalt sampling and testing, our staff can
provide sampling and testing of ready-mix Portland cement concrete (PCC) products, as
specified within the RFP documentation. Our technicians have been certified by the
American Concrete Institute to sam ple and test ready -mix PCC.
The construction inspector will be supplied with a copy of a time charge ticket and field
report for each site visit. These documents describe the services that we provided and our
test results for that day. Following completion of the project, a final compaction and quality
compliance testing report will be prepared and deliv ered to the city of Lake Elsinore, wet
signed and stam ped by a registered geotechnical engineer.
Although a 24-hour notice prior to service is appreciated, LOR has the ability to provide
service in most cases in as little as one hour.
In support of field personnel, our office has a full service, Caltrans certified, geotechnical
laboratory that is fully staffed and capable of providing timely results. Our geotechnical
laboratory participates in the Caltrans Reference Sample Program. Under this program,
reference samples are used to evaluate laboratory equipment, practices, tester
competence, and the repeatability of test methods. The reference sample program affords
LOR the opportunity to compare our laboratory performance relative to the entire
population of participating laboratories. This helps ensure that we are completing our
laboratory tests with a high degree of accuracy relative to our industry peers.
Our geotechnical laboratory has the ability to provide the maximum density, optimum
moisture content, sieve analysis, sand equivalent, Atterberg Limits, asphalt, and slurry
abrasion testing that is required within the RFP. Our laboratory has the capability to provide
quality compliance results for soil, aggregate base, asphalt, slurry seal, and Portland
cement concrete m aterials that are sam pled during construction.
DESCRIPTION OF QUALIFICATIONS
Our engineer, geologists and technical support personnel are committed to serving the city
of Lake Elsinore with personal, timely, and technically superior service. In addition, LOR’s
principals are directly involved in the implementation and completion of its professional
services. W e believe that you will find our understanding of our duties within this on-call
service agreement to be unsurpassed and our individual and combined experience will
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
assure you that we will deliver what is expected.
Our professional staff is licensed, credentialed, and experienced, and our technical staff
is certified by the Caltrans district engineer to provide the sampling and materials testing
services that are described in the Proposed Scope of Services. To ensure the accuracy of
our test results our geotechnical laboratory participates in the Caltrans Reference Sample
program (RSP), which allows us to evaluate our laboratory equipment, practices, and tester
competence. Our participation in the RSP allows us to compare our laboratory
performance relative to the entire population of participating laboratories.
Our firm has extensive experience with providing geotechnical engineering, compaction
testing, and materials testing services on a wide range of capital improvement projects
including domestic water, general district, sanitation, storm water, non-potable water,
ground water replenishment, and more. In our firm’s history, LOR has provided a similar
scope of services for numerous agencies including, but not limited to:
City of Adelanto City of Orange
City of Anaheim County of Orange
City of Big Bear Lake City of Palm Springs
Big Bear Community Services District City of Perris
City of Canyon Lake City of Redlands
City of Corona City of Riverside
City of Cypress County of Riverside
City of Desert Hot Springs City of San Bernardino
City of Fontana County of San Bernardino
City of Fullerton City of San Jacinto
City of Garden Grove City of Temecula
City of Highland City of Tustin
City Indio City of Upland
City of Lake Elsinore City of Victorville
City of Loma Linda City of Yorba Linda
City of Moreno Valley City of Yucaipa
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
Behind every field technician is the support of professional engineers and geologists,
available to provide timely on-site solutions to construction problems if they arise. Our field
and laboratory technicians are Caltrans and American Concrete Institute certified.
Additionally, we have personnel that are certified by the American Construction Inspectors
Association and the International Code Council.
RESUMES
John P. Leuer, President, CE, GE - Project Manag er, City’s Liaison
jleuer@lorgeo.com
John Leuer will be LOR’s project manager for all on-call service projects that we serve on,
and will also be the city’s liaison. Mr. Leuer has gained a high-level of expertise with over
40 years of experience on literally hundreds of geotechnical projects. In this time, Mr. Leuer
has developed an extensive knowledge of the many geotechnical considerations involved
in construction in the southern California area. Mr. Leuer is highly experienced in all
aspects of soil and foundation engineering for a wide variety of projects ranging from
multi-story commercial and industrial structures to several thousand acre planned
community developments. Mr. Leuer has substantial experience coordinating projects for
many city, county and state agencies as well as in the public sector, gaining a reputation
for being responsive to clients needs while providing strong technical expertise.
Mr. Leuer holds a B.S. in Civil Engineering from Cal State University at Northridge. He is
a registered geotechnical and civil engineer in the state of California, and a registered civil
engineer in the state of Nevada. Mr. Leuer is a member of the American Society of Civil
Engineers and the National Groundwater Association. Mr. Leuer believes in continuing
education and completed a nine-month soils engineering course at the California State
Polytechnical University in Pomona. In addition, Mr. Leuer has instructed evening soils
technology courses at Riverside Community College for inspection certifications.
Andrew A. Tardie, Staf f Geologist
atardie@lorgeo.com
Andrew Tardie is a staff geologist and project manager at LOR, and has provided field and
office support for various projects since 1999. During his tenure he has developed
extensive understanding of geotechnical considerations within southern California and the
Inland Empire. Mr. Tardie has been involved in all phases of geotechnical projects, ranging
from initial site investigations, inspection and testing of soils/materials during construction,
and project m anagement for both public and private sectors.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
Mr. Tardie has performed hundreds of geotechnical, geologic, and environmental
investigations throughout the Inland Empire. This work has included geophysical surveys,
slope investigations, liquefaction analysis, seismic hazard analysis, including fault surface
rupture, and rock fall analysis. He has planned, supervised, and conducted geotechnical
projects including hillside investigations, flat land explorations, and earthwork monitoring
projects in Riverside, San Bernardino, Orange, Los Angeles, and San Diego Counties.
Specialized detail in Mr. Tardie’s experience includes logging exploratory borings and
trenches, obtaining and documenting field samples, percolation and infiltration feasibility
testing, pavement evaluation, and subsequent geotechnical report writing. Mr. Tardie holds
a B.A. degree in Geology from California State University, San Bernardino.
Mark A. Switzer, Laboratory Manager
mswitzer@lorgeo.com
Mark Switzer is LOR’s laboratory manager and will supervise or conduct all laboratory
testing requested during the on-call service agreement.
Mr. Switzer has worked in the soils field 19 years and contributes extensive knowledge and
experience performing a wide range of materials testing procedures for various materials
including soils, aggregate material, asphalt concrete, epoxy grout, and concrete using both
ASTM and Caltrans testing methods. In addition, he has performed materials testing for
city, county, and state ag encies for quality control/quality assurance projects.
Mr. Switzer oversees all work performed by personnel in the laboratory, including finalizing
and reporting laboratory data. He also has experience in the field with sand cone and
nuclear gauge testing methods, measuring cut and fill, basic trench compaction, bolt
tensioning, and sampling materials in the field. Mr. Switzer is an American Concrete
Institute (ACI) Grade 1 Technician and holds certifications in the following Caltrans Test
Methods: 105, 125, 201, 202, 216, 217, 226, 227, 229, 231, 301, 304, 305, 307, 308, and
366. He also holds Caltrans certification for AASTO methods T11, T27, R47, R76, T176,
T248, T255, T329, and T335. Mr. Switzer is International Code Council certif ied for soils
special inspection.
In addition to his duties at LOR, Mr. Switzer is an instructor for the Caltrans’ Joint Training
and Certification Program. This program is an effort by Caltrans to train technicians to
sample and test highway construction materials. Mr. Switzer teaches classes at Cal State
University Long Beach and Cal State Univ ersity San Jose.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
A. Tony Guillen, Deputy Inspector, Field Operations Manag er: ACI, ICC
tguillen@lorgeo.com
Mr. Guillen has worked in the soils field for approximately 18 years. Mr. Guillen holds a
Bachelor's of Science Business degree from the University of Redlands. He has gained
experience and knowledge in the disciplines of soil testing of miscellaneous trench backfill
methods, has participated in preliminary site investigations, various grading projects,
sampling of materials from different projects, i.e. asphalt concrete, as well as soils and
environmental sampling (for lab analysis). He has also gained experience in laboratory
testing methods, including maximum density determinations, sand equivalent, and
preparation of materials for testing methods.
Mr. Guillen is an American Concrete Institute (ACI) Grade 1 Technician and holds
certifications in the following Caltrans Test Methods: 125, 216, 231, 375, 504, 518, 523,
533, 539, 540, 556, & 557. He is currently International Code Council certified for
reinforced concrete and structural m asonry special inspection.
John R. Muir, Field T echnician, Registered Construction Inspector, ACIA, ACI
Mr. Muir has over 30 years experience as a geotechnical field technician with LOR. Mr.
Muir has extensive field experience with all geotechnical and inspection aspects of
construction. His experience includes grading compliance and observations, compaction
testing of soils in the field using the sand cone and nuclear gauge testing methodologies,
compaction testing of asphalt concrete, casting concrete cylinders, and full-time
observation of major street construction projects.
Mr. Muir is a American Construction Institute Association (A.C.I.A.) Registered
Construction Inspector and an American Concrete Institute (ACI) Grade 1 Technician and
holds certification in the following Caltrans Test Methods: 125, 216, 231, 375, 504, 518,
523, 533, 539, 540, 556, 557. Additionally, Mr Muir has certification by the California
Department of Transportation (Caltrans) for sampling and testing of soil, aggregate base,
asphalt concrete, and Portland Cem ent Concrete.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
Fred Jimenez, Field Technician: ACI
Mr. Jimenez has over 25 years of experience in the soils field and has worked on a wide
array of public works and capital improvement projects. His portfolio of work includes
emergency highway grading for Caltrans, roadway widening projects, bridge construction,
slope repair, underground utility improvements, and more.
Additionally, he has participated in preliminary site investigations, various grading projects,
sampling of materials from different projects, i.e. asphalt concrete, as well as soils and
environmental sampling (for lab analysis). He has also gained experience in the field of
laboratory testing methods, including maximum density determinations, sand equivalent,
and preparation of materials for testing methods.
Mr. Jimenez is an American Concrete Institute (ACI) Grade 1 Technician and holds
certifications in the following Caltrans Test Methods: 125, 216, 231, 375, 504, 518, 523,
533, 539, 540, 556, & 557. Additionally, Mr. Muir has certification by the California
Department of Transportation (Caltrans) for sampling and testing of soil, aggregate base,
asphalt concrete, and Portland Cem ent Concrete.
PROJECTS COMPLETED BY KEY PERSONNEL
The following projects have been completed within the past 5 years and were
collaborations involving the key staff at LOR.
“A” Street Improvements Project, Highland Vista Way to Metz Road, Perris, California
Client Contact: City of Perris, Engineering Department, Cassandra Sanchez, PE, 24
South D Street, Suite 100, Perris, Calif ornia, (951) 963-9952.
Completed: January 2021.
Project Information: The “A” Street Improvements project featured the rehabilitation of
a select segment of roadway on A Street, and included construction of new curb & gutter,
commercial driveway approaches, and sidewalk. The subject project is located on A Street,
adjacent to the California Military Institute, between Highland Vista W ay and W est Metz
Road, in the City of Perris, California.
Scope of Services: LOR provided onsite geotechnical observation, compaction testing,
materials sampling, and laboratory testing services for the project.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
The roadway re-surfacing of “A” Street involved the construction of a cement stabilized
pulverized base (CSPB) subgrade. During this process LOR provided aggregate gradation
testing of the pulverized base material, compressive strength testing of the CSPB blend,
observation of the micro-cracking process, and compaction testing during HMA paving
operations.
LOR was also onsite on a periodic basis during construction of the sidewalk, curb & gutter,
and commercial driveway approaches that were associated with the project. Our technician
worked with the construction inspector and the contractor perf orming the work to ensure
the minimum specified relative compaction results were achieved.
Upon completion of construction of the project, LOR prepared and submitted a final
compaction and materials testing report that summarized our geotechnical observations,
and presented our onsite com paction testing, and laboratory test results.
Citywide Pavement Rehabilitation Program (FY 2019-2020), City Project No. 801 0085,
Moreno Valley, California
Client Contact: City of Moreno Valley, Quang Nguyen, PE, 14177 Frederick Street, PO
Box 88005, Moreno Valley, California, 951-413-3159.
Completed: December 2020
Project Information: This project featured the widening and/or re-surfacing of multiple
segments of arterial and collector roadways located throughout the City of Moreno Valley.
The subject roadways were either re-surfaced with slurry seal or HMA/ARHM.
Prior to the start of construction LOR provided a Letter of Assent to the Local 12 Operating
Engineers Union, in general accordance with the Community W orkforce Agreement. Our
technician registered with the union and w as dispatched to the project.
LOR provided submittal review for the slurry seal and ARHM materials that were proposed
for use by the contractor. W e also attended a pre-construction meeting to discuss the
geotechnical and materials testing aspects of the project with the contractor and city
representatives.
Representative samples of the slurry seal materials were obtained periodically as
requested by the City of Moreno Valley. During the slurry seal sampling operations
consistency testing was performed and wet-track abrasion test specimens were fabricated
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
for laboratory testing. Laboratory testing of the slurry seal samples included gradation,
binder content, m oisture testing, and wet-track abrasion testing.
LOR was also onsite to conduct compaction testing during paving operations for the
various arterial and collector roadways. Our field technicians also documented the arrival
temperature of asphalt materials throughout the day, as well as the methodology the
contractor used to com pact the pavement mat and to achieve a smooth surface.
Our technician obtained representative samples of the ARHM materials that were used to
finish pave the roadways. Batch plant sampling of the aggregates was also provided.
Samples were subject to gradation, stability, density, and binder content testing. The
results of our laboratory tests were reported immediately to the construction inspector.
Upon completion of the project LOR prepared and submitted a final compaction report that
detailed the geotechnical observations that were documented during construction, as well
as our compaction test, and laboratory test results.
2018 USDA Pipeline Replacement Proj ect, City of Big Bear Lake, California
Client Contact: W ater Systems Consulting, Chris Deiter, PE, 9375 Archibald Avenue,
Suite 200, Rancho Cucam onga, California, (909) 483-3200 Ex t. 203.
Completed: September 2021.
Project Information: The 2018 USDA Replacement Project was a two year, multi-phase
project that consisted of the replacement and construction of new water lines across an 11
mile area that is serviced by the City of Big Bear Lake Department of W ater and Power.
The water lines were located within existing roadways which necessitated the replacement
of the structural pavement section within the trench cut.
Scope of Services: During the preliminary design phase of the project LOR provided a
subsurface investigation to evaluate the conditions within the proposed construction areas.
Our investigation consisted of drilling over 50 borings, logging the subsurface conditions,
and obtaining samples for laboratory testing. The samples obtained during our field
investigation were subjected to laboratory testing to evaluate their physical and engineering
properties. The data obtained during our geotechnical site investigation and laboratory
testing were used to provide geotechnical design recommendations to incorporate into the
construction process.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
During the construction phase of the project, LOR was onsite to provide geotechnical
observation and compaction during backfill operations for the trenches used to construct
the water line improvements. Compaction testing was performed intermittently to check in-
place moisture and to verify the minimum specified relative compaction had been
achieved. Prior to paving the trench-cut area of the roadway, compaction testing was
provided to verify 95 percent relative compaction had been achieved in the structural
roadway section. The contractor and the inspector were informed of our results. Daily field
reports were submitted to the inspector f ollowing each site visit.
Nuevo Road Bridge Reconstruction, City of Perris, California, City of Perris,
California
Client Contact: City of Perris, Cassandra Sanchez, PE, 24 South D Street, Suite 100,
Perris, California, cassandra@trilakeconsultants.com , (951) 943-6504.
Completed: December 2020.
Project Information: This project included the replacement and widening of an existing
bridge that crossed the Perris Valley Storm Channel at Nuevo Road in Perris, California.
Grading was performed within the adjacent channel walls to construct maintenance vehicle
entrances into the channel. This project included the associated roadway improvements
involved with the realignment of the bridge crossing. Modifications to the existing
underground storm drain line, sewer, and water line were also included in the scope of this
project.
Scope of Services: During the preliminary design phase of the project, LOR performed
a subsurface soils investigation to evaluate the subsurface conditions at the bridge
widening location. The scope of our preliminary services included a subsurface field
investigation, laboratory testing of selected soil samples obtained during the field
investigation, development of geotechnical recommendations for foundation design and
construction, and preparation and subm ittal of the preliminary geotechnical investigation
report.
Prior to the start of construction LOR provided a Letter of Assent to the Local 12 Operating
Engineers Union, in general accordance with the Community W orkforce Agreement. Our
technician registered with the union and w as dispatched to the project.
LOR provided continuous observation and compaction testing during site grading related
to channel wall construction and bridge abutments. Continuous observation and
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
compaction testing was provided during backfilling of the trenches used to construct sewer,
storm drain, and water line improvements. Our technicians also provided sampling and
quality compliance testing of ready-mix Portland cement concrete used to construct the
bridge.
Additionally, LOR provided geotechnical observation and compaction testing of subgrade
soils and base grade materials during construction of sidewalk, curb & gutter, and roadway.
The roadway areas adjacent the new bridge were resurfaced with HMA pavement. Our
technicians provided compaction testing during HMA paving operations.
Laboratory quality compliance testing was conducted for aggregate base, hot-mix asphalt
material, and ready-mix Portland cem ent concrete m aterials delivered to the project.
Hillview Neighborhood Street and Storm Drain Improvements, Phase I, City of
Highland, California
Client Contact: City of Highland, Terry Renner, PE, QSD, 2305 Chicago Avenue,
Riverside, California 92507, trenner@ tkeengineering.com, (951) 680-0440.
Completed: December 2019.
Project Information: Storm drain improvements were installed within the existing
roadways of a residential neighborhood in Highland, California. The storm drain
improvements included the installation of 24- and 30-inch RCP main line and the related
manholes, laterals, and catch basins. Additionally, street improvements were also
constructed and included curb & gutter, cross-gutter and spandrells, and the widening of
existing roadways.
Scope of Services: During construction of the new storm drain line, LOR provided
continuous observation and compaction testing during trench backfill operations to verify
the contractor had achieved the minimum specified relative compaction. Our technician
also documented in-place moisture conditions during trench backfill and reported test
results directly to the contractor and the construction inspector.
Also, periodic observation and compaction testing was provided during construction of
street improvements. Compaction testing was provided following grading and compacting
of subgrade soils for sidewalk, curb & gutter, spandrell & cross-gutter, and the street
widening areas. Subsequently, aggregate base materials were graded and compacted,
where applicable, and then com paction tested.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
During construction of the proposed improvements, LOR provided materials testing for the
aggregate base and hot-mix asphalt materials used on this project. At the completion of
work, a final compaction and materials testing report was provided to our client.
2017/2018 SB-1 Maintenance and Traffic Improvements, City of Riverside, California
Client Contact: City of Riverside, Public W orks Department, Steven Howard, 3900 Main
Street, Riverside, California, (951) 826-5708.
Completed: October 2018.
Project Information: This roadway maintenance project included the resurfacing of 23
different roadways in their entirety, or in small sections. W ithin these areas, the existing
asphalt was grinded in-place f or the paving of new finish course.
Scope of Services: LOR provided observation and compaction testing during HMA paving
operations. Compaction testing was completed to verify that the HMA material had been
compacted to a minimum of 95 percent relative compaction. In addition to compaction
testing, materials sampling and laboratory testing of HMA materials were provided.
Sampling was performed in accordance with the procedures established by Caltrans and
detailed in California Test Method 125-16. The following laboratory tests were completed
to verify that sampled HMA material was in compliance with Caltrans Standard
Specifications, Section 39: gradation (CTM 202-11), density (CTM 308-10), stability (CTM
366-00), and extraction (CTM 382-14). Our onsite observations, compaction test results,
and laboratory results were provided to our client within daily field reports completed each
day.
CLIENT REFERENCE LIST
1.City of Perris, Stuart Mckibbin PE, 951-943-6504, sm ckibbin@interwestgrp.com
LOR has provided on-call geotechnical engineering and materials testing services for the
City of Perris for over 10 years. W e have consulted on a wide range of projects including,
but not limited to bridge construction, highway on-ramp/off-ramp construction, slope
construction, community park renovation and construction, underground utility
improvements, building addition/remodel, Portland cement concrete flatwork
improvements, parking lot construction, roadway rehabilitation, and roadway construction.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
The services that we provided during these projects included geotechnical site
investigations, pavement evaluation, geotechnical observation during construction,
compaction testing, deputy inspection, and laboratory materials testing.
2.City of Moreno Valley, Quang Nguyen PE, 760-413-3159, q uangn@moval.org
LOR has provided on-call geotechnical engineering and materials testing services on an
intermittent basis for the City of Moreno Valley over the past 30 years. W e are currently
servicing an on-call service agreement that started in 2020. In our long history as a
geotechnical engineering consultant with the city of Moreno Valley we have provided
geotechnical, compaction testing, and materials testing services on a range of projects that
include community park improvements, soccer field renovations, underground utility
improvement projects, and various types of street improvement projects.
During our most recent contract with the City of Moreno Valley, we have served on multiple
local, arterial, and collector roadway improvements projects. The services that we’ve
provided during our most recent on-call service agreement includes observation,
compaction testing, and laboratory materials testing during roadway rehabilitation and
construction.
LOR also provided laboratory testing to verify that project specifications for aggregate
base, hot-m ix asphalt, rubberized hot-mix asphalt, aggregate base, and slurry seal have
been achieved.
3.City of Big Bear Lake, Israel Gomez Rosales, 909-866-5831 extension 137,
igomez@cityofbigbearlake.com
W e are currently servicing an on-call geotechnical, compaction testing, and laboratory
materials testing agreement for the City of Big Bear Lake. LOR has been an on-call
consultant f or the city for the past 10 years.
W e are currently providing geotechnical observation, compaction testing, and laboratory
materials testing service on the Moonridge Road Rehabilitation project. This project
includes underground storm drain improvements, full depth reclaimation roadway
rehabilitation, the construction of various PCC flatwork improvements, and hot-mix asphalt
paving.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
Over the past 10 years we have provided geotechnical site investigations, geotechnical
observation during construction, compaction testing, laboratory materials testing, and
reinforced concrete deputy inspection for the city of Big Bear Lake.
4.TKE Engineering (Multiple Agencies including the City of Calimesa, City of
Highland, City of Adelanto, and more), Terry Renner PE, 951-680-0440,
trenner@tkeengineering.com.
LOR has partnered with TKE to complete dozens of projects for municipal clients, from
design to construction, over the past 15 years of operation. During that time LOR has
provided geotechnical site investigations, pavement evaluation, compaction testing, and
laboratory testing services. W e have partnered with TKE on various types of projects
including underground utility improvement installation, roadway rehabilitation and
construction, park site g rading, PCC flatwork improvements, and m ore.
W e are currently working with TKE on the County Line Road Transportation Corridor
Improvements project. This project includes the construction of underground storm drain
improvements, roadway widening, full depth reclaimation roadway rehabilitation, PCC
flatwork improvements, and hot-m ix paving the new roadway areas.
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LOR GEOTECHNICAL GROUP, INC.
City of Lake Elsinore, Engineering Division Reference No. 7079.P
December 15, 2022
CLOSURE
W e thank you for the opportunity to provide this proposal. If you should have any questions
concerning our proposal, please do not hesitate to contac t this firm.
Respectfully Submitted,
LOR Geotechnical Group, Inc.
John P. Leuer
President
TG:JPL:ss
Distribution:Addressee via email at cnorvani@lake-elsinore.org
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LOR GEOTECHNICAL GROUP, INC.