HomeMy WebLinkAboutItem No. 08 PSA with Dost EngineeringCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-934
Agenda Date: 1/8/2019 Status: PassedVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 8)
Professional Services Agreement with Dost Engineering
Approve and authorize the City Manager to execute the Professional Services Agreement for
design services for the SB 821 Bicycle and Pedestrian Facilities Program Palomar Multi-Use
Trail and Sumner/Mohr/Davis Sidewalk Improvements in the amount of $48,500.00, in such final
form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 5/9/2023
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared By: Remon Habib,ActingCity Engineer
Date:January 8, 2019
Subject:Professional Services Agreement with Dost EngineeringforEngineering
Services for SB 821 Bicycle and Pedestrian Facilities Program Design of
the Palomar Multi-Use Trail and Sumner/Mohr/Davis Sidewalk
Improvements
Recommendation
Approve and authorize the City Manager to execute an Agreementfor Professional Services to
Dost Engineeringfordesign services for theSB 821 Bicycle and Pedestrian Facilities Program
Palomar Multi-Use Trail and Sumner/Mohr/Davis Sidewalk Improvementsin the amount of
$48,500, in a final form as approved by City Attorney.
Background
SB 821 Bicycle and Pedestrian funds are administered by the Riverside County Transportation
Commission (RCTC) and distributed to local agencies on a competitive basis. Two percent of
the Local Transportation Fund revenue is made available each year for use on bicycle and
pedestrian facility projects in Riverside County. The City received confirmation from RCTC on
June 26, 2017, that the proposed project was approved for funding.
Discussion
Staff solicited proposals for design services from professional engineering consultants for the
SB 821 Bicycle and Pedestrian Facilities Program. There were two proposals received, one
from Dost Engineering and the other from Albert A. Webb Associates. Based upon the
proposals received, staff recommends awarding the design for the Palomar Multi-Use Trail and
Sumner/Mohr/Davis Sidewalk Improvements to Dost Engineering.
Fiscal Impact
Sufficient budget is contained in the adopted Capital Improvement Program budget.
Exhibits
A –Agreement
B -Proposal
@BCL@D00E5497 Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Dost Engineering
Engineering Services for SB 821 Bicycle and Pedestrian Facilities Program
This Agreement for Professional Services (the “Agreement”)is made and entered intoas
of January 8, 2019, by and between the City of Lake Elsinore, a municipal corporation (‘‘City")
and Dost Engineering, an engineering firm ("Consultant").
RECITALS
A.The City has determined that it requires the following professional services:
Professional Engineering Services for design of the SB 821 Bicycle and Pedestrian Facilities
Program related to the Palomar Multi-Use Trail and Sumner/Mohr/Davis Sidewalk Improvements.
B.Consultant has submitted to City a proposal, dated [insert date], attached hereto
as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services
to City pursuant to the terms of this Agreement.
C.Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D.City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1.Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal (Exhibit A), subject to the direction of the City
through its staff that it may provide from time to time.
2.Time of Performance.
a.Time of Essence. Time is of the essence inthe performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultantshall 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. Consultantshall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c.Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant’s Proposal (Exhibit A).
Consultanthereby agrees and acknowledges that any and all work or
services performed pursuant to this Agreement shall be based upon the issuance of a project task
order by the City. Consultantacknowledges that it is not guaranteed any minimum or specific
amount of work or services as all work or services shall be authorized through task order issued
by the City.
3.Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed Forty
Eight Thousand Five Hundred dollars ($48,500)without additional written authorization from
the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket
expenses set forth in Exhibit Ashall 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. Consultantshall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent that
such services and related work were performed. Consultant’s bills shall be segregated by project
task, if applicable, such that the City receives a separate accounting for work done on each
individual task for which Consultantprovides services. Consultant’s bills shall include a brief
description of the services performed, the date the services were performed, the number of hours
spent and by whom, and a description of any reimbursable expenditures. City shall pay
Consultantno later than forty-five (45) days after receipt of the monthly invoice by City staff.
5.Reserved.
6.Suspension or Termination.
a.The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b.In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7.Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractorsin 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,
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plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Consultant, its officers, officials, agents, employees and volunteers from any claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City’s use of such materials in a manner beyond
the intended purpose as set forth herein.
a.Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and allcopyrights,
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 ordata 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 subcontractorsprepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all Documents & Data. Consultant makes
no such representation and warranty in regard to Documents & Data which were prepared by
design professionals other than Consultant or provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents & Data at any time, provided that any such use
not within the purposes intended by this Agreement shall be at City’s sole risk.
b.Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8.Consultant’s Books and Records.
a.Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum periodof 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 ofthree (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
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hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d.Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9.Independent Consultant. It is understood that Consultant, in the performance of
the work and services agreed to be performed, shall act as and be an independent Consultant
and shall not act as an agent or employee of the City.
10.PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractorsof Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
11.Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
wouldbe 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. (FPPCReg. 18700(a)(2).)
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12.Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13.Compliance with Laws. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
14.Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15.Indemnity. 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, subcontractors, 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 subcontractorsto 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’semployees. Any notice of cancellation or non-renewal of all
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Workers’Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii.General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii.Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv.Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annualaggregate basis, or a combined single limit per occurrence basis.
b.Endorsements. Each general liability and automobile liability insurance
policy shall be withinsurers possessing a Best’s rating of no less than A:VII and shall be
endorsed with the following specific language:
i.The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work or operations.
ii.This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
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Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii.This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv.The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v.Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi.The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c.Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d.Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17.Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City:City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant:Dost Engineering
Attn:Farid Dost, PE, QSD
41735 Winchester Road, Suite F
Temecula, CA 92590
Email: fdost@dost-engineering.com
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18.Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Consultant. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
19.Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
20.Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractorslisted 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 Bwithout 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 subcontractorsnor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractors
other than as otherwise is required by law.
21.Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
22.Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
23.Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
24.Litigation Expenses and Attorneys’Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’fees.
25.Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
26.Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
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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 oftime; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
27.Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employeeworking solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
28.Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractors, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
29.Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
30.Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
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IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
“CONSULTANT”
Dost Engineering, a sole proprietorship
By:Farid Dost, PE, QSD
Its:Owner/Principal Engineer
Attachments: Exhibit A –Consultant’s Proposal
Exhibit B –List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
1
DOST ENGINEERING
PLANNING, DESIGN & CONSTRUCTION SUPPORT
41735 Winchester Road, Suite F
Temecula, CA 92590
Tel: 951-297-9047, Cell: 619-587-3300
Email: fdost@dost-engineering.com
www.dost-engineering.com
To: Jason Simpson
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
SUBJECT: Design and Construction Support Services for SB 821 – Palomar Trail
Thank you for providing me the opportunity to propose on and provide the City of Lake
Elsinore with the detailed project scope of work, schedule, and design budget for the
Palomar Class 1 Multi-Use Trail.
1. Project Understanding
This project will construct minimum 12 feet wide and 2,500 linear feet long ADA
Compliant paved Multi-Use trail including fence, pedestrian and bicycle amenities as
desired by City, striping plan, access gate, solar bollard lights and other facilities
required throughout the project along Palomar Channel. Please see attached Exhibit A
– SCOPE OF WORK for details, locations and work to be completed.
A draft Professional Survey of the project limits has been completed. To assure a
comprehensive scope a site visit/field reconnaissance will need to be conducted to
capture all the project needs. Based on preliminary review of the Survey Files, certain
items are missing and will need to be added as part of the Final Survey.
This project will be constructed within the RCFC Right of Way. A Cooperative
Agreement for maintenance and an Encroachment permit will be required from RCFC
prior to completion of project documents and construction. Cooperative Agreement must
be started as soon as possible to avoid delays to project. Fees associated to RCFC
permits are not included in this proposal.
2
The City may also be interested in installing Solar or Electrical bollards or lights to
illuminate the trail for public safety. Electrical plans and services are not included in this
scope of work. Solar bollards are included in this scope if the City desires.
The City and RCFC may also be required to provide a continuous chain link or wrought
iron fence to delineate the trail from the Palomar Channel and for public safety. In
addition, RCFC may request for an access gate to access the channel.
This project also requires striping plans and signs for Class 1 bike lane and Multi-Use
Trail.
Amenities such as trash receptacle and benches and bike lockers may be desired and
are included in this proposal.
Based on my understanding of this project, this project will not require Geotechnical
Report, Drainage Report, Hydrology and Hydraulics Report, SWPPP or WQMP. Items
specifically not mentioned in the below scope of work are assumed to be not required,
any additional plans, reports and studies will be considered outside the scope of work.
Dost Engineering will provide Draft TPG for the City as record for compliance should
one be desired.
2. Scope of Work
Dost Engineering will prepare and complete the following documents and items as
necessary to complete the project. All submittals to the City will be checked for quality
assurance and quality control (QA/QC) prior to submittal.
Conceptual Plans –Prepare conceptual plans showing critical elements of the
project. This task will be subject to as many changes as required before finalizing
the Concept Plan. Dost Engineering will review the concepts with the City and
RCFC and implement any changes resulting from Agencies comments and
concerns. Upon final approval from the City, Dost Engineering will finalize the
Concept Plan and commence work on the Grading and Improvement Plans.
Grading, Improvement, Striping and Erosion Control Plans – Prepare a 90%,
100% and Final Construction Plans.
o The 100% plans will include all the necessary sheets including, but not
limited to, Title Sheet and Notes, Grading, Improvement and Striping
Plans, Erosion Control Plans and Notes, Details and Sections as
necessary to develop a complete and clear plans for construction with
minimum RFI’s from contractors.
3
Specifications and Cost Estimates – Provide all the necessary Specifications and
Cost Estimates as requested and as needed for the project. I will ensure the
Specifications, Bid Schedule and Project Plans are consistent and correspond to
each as this will ensure minimum RFI’s and surprises during construction.
Construction Support – Respond to RFI’s, Assist with Bid Addendums, Attend
Pre-Construction meeting, Onsite meeting during construction as requested,
review and negotiate change orders, review and approve submittals and other
needed services as requested prior to and during construction.
Meeting and Coordination – Meeting and Conference calls as requested and
needed for the project. Prepare exhibits and presentations and coordinate with
City and other relevant stakeholders.
3. Submittal Schedule
Upon Notice to Proceed (Assume December 10 th)
December 28st - Submit Conceptual Plans
January 4th – Receive City and RCFC comments and concerns on Concept Plans (may
also include conference calls and meetings to expedite)
February 1st – Submit 90% PS&E
February 8th – Receive City and RCFC comments and concerns on 90% PS&E (may
also include conference calls and meetings to expedite)
February 22nd – Submit 100% PS&E
February 22nd until project completion – Construction Support
NOTE: RCFC Cooperative Agreement and Encroachment Permit must be initiated as
soon as possible as that is the only major item that can delay the project.
4. Deliverables
Hardcopies and AutoCAD files of all the project documents.
1. PDF Full and Half size Concept Plans (Hardcopies if desired)
2. PDF 90% Full and Half size of PS&E (Hardcopies if desired)
3. PDF 100% Full and Half size of PS&E (Hardcopies if desired)
4. PDF Final Full and Half size of PS&E (Hardcopies if desired)
a. Signed Mylars.
b. AutoCAD Files
4
5. Compensation
City is able to make as many changes as necessary to complete this project to their
satisfaction. Dost Engineering will not charge for additional changes unless completely
outside of Scope of Work. This means City can make changes even at 100% submittal
based on new information, requests from upper managements, changes due to
adjacent property owner’s needs, at the request of the Council or any other reasonable
changes to make the project more desirable and successful.
Dost Engineering shall complete the tasks identified above, and shall invoice monthly
on percentage of items as shown below.
Conceptual Plans $2,000
Grading, Improvement and Erosion Control Plans $15,000
Specifications and Cost Estimates $2,500
Construction Support $2,500
Meeting and Coordination $3,500
Reimbursable(s) $1,000
Total Compensation $26,500
Dost Engineering appreciates the opportunity to propose on this project, I hope this
proposal meets the City’s needs and is within the design budget. Dost Engineering can
beat any proposal at least 5% assuming same scope of work is being proposed on. The
above estimate assumes full design project documents submittals, no hidden or
unreasonable change order are anticipated.
Sincerely,
Farid Dost, PE, QSD
Principal Engineer
Farid Dost
North
NOTES:
1. The Survey files we received are in draft form, the next phase is to finalize the survey files. We can add these missing and additional
areas to the scope as part of Final Survey Submittal.
2. All the above elements are included in the project scope and fees, Electrical Plans if required are not included. City may decide to
widen the roadway at no additional fees, conceptual plans will provide such options for City to determine which option is best.
Proposed delineation
and safety Fence
12' wide Multi-use
Trail
2,500 linear feet of Multi-Use Trail
-Min. 12' Paved Trail
-Solar Bollard Lights (Optional)
-Fence
-Striping
-RCFC Access Gate
-Pedestrian and Cyclist Amenities
(Optional)
RCFC Access
Gate
Remove Existing
Gate
Remove Existing
Gate
1
DOST ENGINEERING
PLANNING, DESIGN & CONSTRUCTION SUPPORT
41735 Winchester Road, Suite F
Temecula, CA 92590
Tel: 951-297-9047, Cell: 619-587-3300
Email: fdost@dost-engineering.com
www.dost-engineering.com
To: Jason Simpson
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
SUBJECT: Design and Construction Support Services for SB 821 - W. Sumner
Avenue, Mohr Street, Davis Street Missing Link Sidewalk
Thank you for providing me the opportunity to propose on and provide the City of Lake
Elsinore with the detailed project scope of work, schedule, and design budget for the W.
Sumner, Mohr Street, Davis Street missing link sidewalk project.
1. Project Understanding
This project will construct approximately 1,225 linear feet of ADA Compliant sidewalk,
curb and gutter, curb ramps, retaining walls, driveways, and other facilities required
throughout the project along W. Sumner Avenue, Mohr and Davis Street. In addition, it
will require addressing the drainage issues. Please see attached Exhibit A – SCOPE
OF WORK for details, locations, and work to be completed.
A draft Professional Survey of the project limits has been completed. To assure a
comprehensive scope a site visit/field reconnaissance will need to be conducted to
capture all the project needs. Based on preliminary review of the Survey Files, certain
items and locations are missing and it will need to be added as part of the Final Survey.
This project also requires special attention to drainage improvements along Sumner &
Mohr Street that currently ponds and floods driveways of the adjacent property owners.
Based on my understanding of this project, this project will not require Geotechnical
Report, Drainage Report, Hydrology and Hydraulics Report, SWPPP, WQMP or
2
Transportation Project Guidance Template (TPG). Items specifically not mentioned in
the below scope of work are assumed to be not required, any additional plans, reports
and studies will be considered outside the scope of work.
Based on my preliminary assessment of the Survey files, there is no ROW acquisition
required. All proposed improvements will be within Public ROW.
2.Scope of Work
Dost Engineering will prepare and complete the following documents and items as
necessary to complete the project. All submittals to the City will be checked for quality
assurance and quality control (QA/QC) prior to submittal.
Conceptual Plans –Prepare conceptual plans showing critical elements of the
project. This task will be subject to as many changes as required before finalizing
the Concept Plan. Dost Engineering will review the concepts with the City and
implement any changes resulting from City’s comments and concerns. Upon final
approval from the City, Dost Engineering will finalize the Concept Plan and
commence work on the Grading and Improvement Plans.
Grading, Improvement and Erosion Control Plans – Prepare a 90%, 100% and
Final Construction Plans.
o The 100% plans will include all the necessary sheets including but not
limited to Title Sheet and Notes, Grading and Improvement Plans, Erosion
Control Plans and Notes, Details and Sections as necessary to develop a
complete and clear plan for construction with minimum RFI’s from
contractors.
Specifications and Cost Estimates – Provide all the necessary Specifications and
Cost Estimates as requested and as needed for the project. I will ensure the
Specifications, Bid Schedule and Project Plans are consistent and correspond to
each other, as this will ensure minimum RFI’s and surprises during construction.
Construction Support – Respond to RFI’s, Assist with Bid Addendums, Attend
Pre-Construction meeting, Onsite meeting during construction as requested,
review and negotiate change orders, review and approve submittals and other
needed services as requested prior to and during construction.
Meeting and Coordination – meeting and conference calls as requested and
needed for the project. Prepare exhibits and presentations and coordinate with
City and other relevant stakeholders.
3
3.Submittal Schedule
Upon Notice to Proceed (Assume December 10 th)
December 21st - Submit Conceptual Plans
December 28th – Receive City comments and concerns on Concept Plans (may also
include conference calls and meetings to expedite)
January 25th – Submit 90% PS&E
February 1st – Receive City comments and concerns on 90% PS&E (may also include
conference calls and meetings to expedite)
February 15th – Submit 100% PS&E
February 15th until project completion – Construction Support
4.Deliverables
Hardcopies and AutoCAD files of all the project documents.
1.PDF Full and Half size Concept Plans (Hardcopies if desired)
2.PDF 90% Full and Half size of PS&E (Hardcopies if desired)
3.PDF 100% Full and Half size of PS&E (Hardcopies if desired)
4.PDF Final Full and Half size of PS&E (Hardcopies if desired)
a.Signed Mylars.
b.AutoCAD files
5.Compensation
City is able to make as many changes as necessary to complete this project to their
satisfaction, Dost Engineering will not charge for additional changes unless completely
outside of Scope of Work. This means City can make changes even at 100% submittal
based on new information, requests from upper managements, changes due to
adjacent property owner’s needs, at the request of the Council or any other reasonable
changes to make the project more desirable and successful.
Dost Engineering shall complete the tasks identified above, and shall invoice monthly
on percentage of items as shown below.
Conceptual Plans $1,500
Grading, Improvement and Erosion Control Plans $13,500
4
Specifications and Cost Estimates $2,000
Construction Support $1,500
Meeting and Coordination $2,500
Reimbursable(s) $1,000
Total Compensation $22,000
Dost Engineering appreciates the opportunity to propose on this project, I hope this
proposal meets the City’s needs and is within the design budget. Dost Engineering can
beat any proposal at least 5% assuming same scope of work is being proposed on. The
above estimate assumes full design project documents submittals, no hidden or
unreasonable change order are anticipated.
Sincerely,
Farid Dost, PE, QSD
Principal Engineer
Farid Dost
North
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