HomeMy WebLinkAboutItem No. 07 - Agreement with Engineering Resources of Southern California Inc. for the Civil E7)Agreement with Engineering Resources of Southern California Inc. for the Civil
Engineering Services of the New City Library Project (CIP Project Z20003)
Approve and authorize the City Manager to execute a Professional Services Agreement for
$127,385.00 for the Civil Engineering Services of the New City Library Project (CIP Project
Z20003) in such final form as approved by the City Attorney and authorize the City Manager
to approve change orders up to 10% of the agreement for $12,738.50.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:July 9, 2024
Subject:Agreement with Engineering Resources of Southern California Inc. for the
Civil Engineering Services of the New City Library Project (CIP Project
Z20003)
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement for
$127,385.00 for the Civil Engineering Services of the New City Library Project (CIP Project
Z20003) in such final form as approved by the City Attorney and authorize the City Manager to
approve change orders up to 10% of the agreement for $12,738.50.
Background
Staff has engaged the services of Engineering Resources of Southern California Inc. (ERSC) to
provide civil engineering design services with valued engineering concepts. ERSC is a leading
civil engineering firm that has assisted the City at Launch Pointe RV Resort and the new City Hall.
These services are needed to create an engineered building pad for the new corporate facility.
ERSC and the City's architect, STK Architectural, will work together with the help of Dennis Janda
Surveying to establish an engineered build site complete with utility connections complete with
utility connections.
Discussion
These services are standard civil engineering services for the project's site development and will
include the needed civil engineering construction documentation to affect the complete site
development. Essential tasks are included in the following:
•Record Data on Utilities Research Topography & Boundary Survey
•Base Map Development Plan Pre-Design
•Alley Improvements
•Storm Drain Relocation Plan
New City Library CIP Z20003
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•Sewer Relocation Plan
•Gas Line Relocation
•New Utility Connections
•Utility Easement
During the professional services review phase, the deliberate outcome was to ensure a complete
understanding of the required and needed services, identify assumptions, and gain an
understanding of and experience with corporate facility amenities and civil engineering costs. The
ERSC proposal details all the services required to develop project construction documentation.
ERSC deliverable services will include the following major elements:
•Existing Utilities and Boundary Research
•Acquire available public land records
•Acquire available utility records
•Commission preparation of a Preliminary Title Report
•Staff and Accessible Parking
•Begin layout of other site features
•Layout drainage concept
•Layout BMP location
•Utility coordination
•Grading design and plan
•Retaining wall design and plan
•Hydrology Report and WQMP
•Incorporate any modifications/comments
Environmental Consideration
Approval of the Agreement for civil engineering services for the New City Library project (CIP
Project Z20003) is in furtherance of implementing the New City Library project approved by the
City Council on June 25, 2024. Additionally, there is no substantial change to the project, no new
circumstances under which the project will be developed, nor new information requiring additional
analysis. Accordingly, no further environmental review is required.
Fiscal Impact
The new City Library Project (CIP Project Z20003) is included in the Fiscal Year 23/24 – 27/28
Capital Improvement Plan (CIP) budget.
Attachments
Attachment 1- ERSC Agreement
Attachment 2 - ERSC Proposal
City Manager's Office
Attachment 1 - ERSC Agreement Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Design Professional
Engineering Resources of Southern California Inc.
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of July 9, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Engineering Resources of Southern California Inc, a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Civil Engineering Design Documentation (City Library)
B. Consultant has submitted to City a proposal, dated June 19, 2024, attached hereto
as Attachment 2 (“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 (Attachment 2). 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 (Attachment 2).
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 (Attachment 2). 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 (Attachment 2).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Attachment 2), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed one
hundred twenty seven thousand three hundred eighty five dollars ($127,385.00) without additional
written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the
contrary, out of pocket expenses set forth in Attachment 2 shall be reimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent that
such services and related work were performed. Consultant’s bills shall be segregated by project
task, if applicable, such that the City receives a separate accounting for work done on each
individual task for which Consultant provides services. Consultant’s bills shall include a brief
description of the services performed, the date the services were performed, the number of hours
spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant
no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Consultant’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Consultant’s prospective or then current personnel
is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
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b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Consultant shall at all times be under
Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of Consultant’s officers,
employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
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by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant’s services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Consultant and/or its employees, officers, or board
members.
b. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by
law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials,
employees and agents (“Indemnified Parties”) from and against any and all claims, losses,
liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they
arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
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by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s
percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the
event any loss, liability or damage is incurred by way of settlement or resolution without a court,
jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties
agree to mediation with a third party neutral to determine the Consultant’s proportionate
percentage of fault for purposes of determining the amount of indemnity and defense cost
reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant
or by any individual or entity for which Consultant is legally liable, including but not limited to
officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to
third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from each
and every sub-consultant or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or
this section.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
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ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be
endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
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ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Engineering Resources of Southern California Inc
Attn: Matt Burdin
1861 W. Redlands Blvd
Redlands, CA 92373
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18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer, and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
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24. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
[Signatures on next page]
Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Jason Simpson, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Engineering Resources of Southern
California Inc. a corporation
By: Matt Brudin, P.E.
Its: Principal
Attachment 1 – ERSC Agreement
Attachment 2 – ERSC Proposal
Page 12
ATTACHMENT 1
CONSULTANT’S AGREEMENT
[ATTACHED]
Page 13
ATTACHMENT 2
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
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REDLANDS | TEMECULA | PALM DESERT
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
16007012P
June 19, 2024
Mr. Gus Papagolos, Project Manager
City of Lake Elsinore
130 S Main Street
Lake Elsinore, CA 92530
CITY OF LAKE ELSINORE – NEW LIBRARY
Dear Gus:
Engineering Resources of Southern California, Inc. (ERSC), is pleased to provide this proposal for
conceptual design and preparation of contract and supporting documents for a new public library. ERSC
understands that the City of Lake Elsinore intends to construct a new public library and parking coupled
with botanical garden at the intersection of Main Street and Sumner Avenue. The library and botanical
garden will be located south of Sumner Avenue between Main Street and Spring Street and the parking
facilities will be located on the southwest corner of Spring Street and Sumner Avenue.
Existing surface features observed are limited and include paved streets on Spring Street, Sumner
Avenue and Main Street. These public improvements include curb, gutter and sidewalk on the west side
of Main Street, the south side of Sumner Avenue and the east and west sides of Spring Street.
Otherwise, the location is dominated by native grasses and vacant ground. The specific location of the
proposed facilities and improvements are described below.
• The library is located on the southwest corner of Main Street and Sumner Avenue.
• The Botanical Garden is located on the southeast corner of Spring Street and Sumner Avenue.
• The parking facilities are located on the southwest corner of Spring Street and Sumner Avenue.
In general, ERSC’s Scope of Work will include preparation of conceptual designs and construction
documents (plans and specifications), utility plans, erosion control plan, engineer’s cost estimate,
hydrology report, stormwater pollution prevention plan, and a water quality management plan (WQMP,
per Santa Ana Regional Water Quality Control Board Order No. R8-2010-0033). Unless otherwise
indicated by the City, we have assumed the City will provide topography for areas included in the
project.
Based on public documents and a site visit, ERSC believes the project is constructable as envisioned by
the City. However, there are certain issues that will affect how ERSC approaches the conceptual (30%)
and final design of the proposed facility. These include grading, layout of parking facilities and water
quality documentation. There issues are discussed in detail below.
GRADING – The site is characterized by generally flat terrain except along the easterly edge of the
evacuation channel. Based on our conversation, it is our understanding that the City intends to raise the
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library site and the location of the botanical garden should be graded to sheet flow to the west. Further,
the parking facilities located west of Spring Street will be graded to flow southerly so drainage can enter
the evacuation channel via existing surface facilities. Raising the site will require import. Import for this
project will be provided from the City Hall project and potentially the parking project at City Park.
PARKING FACILITIES – The project is subject to the parking requirement outlined in the City of Lake
Elsinore Municipal Code Section 17.148. There is no specific requirement identified for libraries.
Therefore, the required number of parking stalls is unknown at this time. Parking ratios or area
requirements will be investigated during the 30% Design Phase.
WATER QUALITY DOCUMENTS – The project is subject to the requirements of various water quality
permits issued by the Santa Ana Regional Water Quality Control Board for construction activities and
post-construction site management. These requirements include preparation of a Stormwater Pollution
Prevention Plan (SWPPP) for construction activities and a Project Specific Water Quality Management
Plan for post construction site management.
The required WQMP must meet the treat and release standards included in the Guidance Document
due to the project location in the watershed tributary to Lake Elsinore which limits treatment options to
bio-retention. As discussed, the site will likely require two separate bio-retention facilities. One located
on the east side of Spring Street to serve the library and botanical garden, and another located between
Springs Street and the evacuation channel to serve the parking area. In addition, there is also the
potential for one, or both, of these facilities to require a small pump station. The need for pumping
facilities will not be known until we get into the final design.
SCOPE OF WORK
ERSC expects the following to be necessary to achieve the desired result:
Existing Utilities and Boundary Research
o Acquire available public land records.
o Acquire available utility records.
o Commission preparation of a Preliminary Title Report.
Base Sheet
o Review survey data prepared by DJI.
o Develop project base sheet.
Existing Utilities
Other Existing Improvements
30% Design Submittal Deliverables:
o Conceptual Grading Plans
Layout site geometrics.
Layout drainage concept.
Layout BMP location.
Layout ingress/egress.
Staff and Accessible Parking
Begin layout of other site features.
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o Conceptual parking lot layout.
Layout parking stalls.
Layout site geometrics.
Layout drainage concept.
Layout BMP location.
Layout landscaped areas concept.
Layout ingress/egress .
Begin layout of other site features.
o Demolition Plan.
o Utility coordination.
60% Design Submittal Deliverables:
o 60% drawings (plans and specifications).
Advance plans preliminary level detail.
Preliminary grading design.
Retaining wall design.
Incorporate any comments.
o Utility Plan
Potholing
Coordination with Elsinore Valley Water District.
o Fire Protection Plan.
Fire Flow Test
o Erosion Control Plan.
o Preliminary Hydrology Report.
o Preliminary WQMP.
Pump station design.
o Preliminary Storm Water Pollution Prevention Plan
o Preliminary Engineer’s Estimate
90% Design Deliverables:
o 90% drawings (plans and specifications).
Incorporate any modifications/comments.
o Engineer’s Estimate.
Incorporate any modifications/comments.
o Hydrology Report.
Incorporate any modifications/comments.
o Storm Water Pollution Prevention Plan
Incorporate any modifications/comments.
o WQMP.
Incorporate any modifications/comments.
100% Submittal Deliverables:
o 100% Drawings: Plans, Specifications and Estimates.
Incorporate any comments.
o Final Hydrology Report
Incorporate any comments.
o Final WQMP
Incorporate any comments.
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Project Management and Meetings
o Coordinate design with City and outside agencies.
o Attend meetings as required.
Prepare meeting agenda and minutes.
o Establish and manage project control.
SCHEDULE
ERSC will provide a Project Schedule upon receipt of a notice-to-proceed.
FEE ESTIMATE
The fees and charges associated with the completion of the proposed, Scope of Services are as follows:
Existing Utilities .......................................................................... $ 2,500
Base Sheet ................................................................................... $ 3,760
30% Submittal (Conceptual) ....................................................... $ 25,110
60% Submittal ............................................................................. $ 32,840
90% Submittal ............................................................................. $ 28,350
100% Submittal ........................................................................... $ 7,350
Project Management and Meetings ........................................... $ 4,850
Reimbursable Expenses ........................................................ $ 12.625
Total .................................................................................... $ 127,385
Please note, reimbursable expenses include fees for the following items:
Potholes (Limited to 5): $10,000
Preliminary Title Reports (2 parcels): $,1500
Fire Flow Test (EVMWD): $125
Misc Expenses: $1,000
Exclusions to this proposal include environmental documents, special studies, geotechnical engineering,
traffic engineering, street plans, supplemental cross sections, traffic control plans, horizontal control
plans, site and street light plans, water and sewer plans (except services and laterals), landscape
architecture, architecture, coordination of dry utilities, coordination with regulatory agencies (i.e.
CDFW, USACOE), regulatory permits, agency submittal fees, r/w dedication documents, permits and
permit fees and post design services
If you have any questions regarding this proposal, please give me a call at (909) 890-1255, x103 or email
me at matt@erscinc.com.
Respectfully yours,
Matt Brudin
Electronically signed 06.19.2024.
Matt Brudin, P.E.
Principal
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