HomeMy WebLinkAbout09-08-09 CC Item 05CITY OF icy
LADE LSIHOKE
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: SEPTEMBER 08, 2009
SUBJECT: AGREEMENT WITH HARRIS & ASSOCIATES TO PROVIDE ON-
CALL PROFESSIONAL ENGINEERING SERVICES
Background
The Engineering Division of the City of Lake Elsinore, as a part of the development
services, is required to review private development projects for compliance with City
regulations, City Standards and the Subdivision Map Act. As a function of construction
compliance, the Division also performs inspection services to ensure compliance with
the approved plans. In order to maintain a high level of responsiveness, these services
are contracted to engineering firms that have the flexibility to provide a professional staff
for a dynamic work load.
Discussion
Harris & Associates is an established engineering firm with the ability to provide staff for
a variety of tasks. The City has contracted with this firm for: Engineering plan check for
development plans, grading plans and final map projects; engineering design services;
and inspection services. Harris and Associates has the ability to provide services and
supplemental staffing as the workload changes. Providing plan check services since
1998, Harris and Associates has the local knowledge and experience to provide a high
level of service to the Division as well as the development community.
Fiscal Impact
There is no direct financial impact to the General Fund as the services being provided
by Harris and Associates are either funded through developer's plan check fees,
inspection deposits or provided through the design budget of the Capital Improvement
Program depending on the service being provided.
CC September 8, 2009 Item No. 5
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Contract Agreement - Harris & Associates
September 08, 2009
Page 2
Recommendations
1. Staff recommends that the City Council approve the Agreement with Harris and
Associates to provide professional engineering services.
2. Authorize the City Manager to execute the contract.
Prepared by: Ken Seumalo K*7
Director of Public Works
Approved by: Robert A. Bradyb
City Manager t~+
Attachments: Agreement
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement"), dated for identification
purposes only as of September 08, 2009, by and between the City of Lake Elsinore, a municipal
corporation ("City") and Harris & Associates ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional consulting services and related work
as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of three (3) years, subject to annual review by the City
Council.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $150,000 without additional
authorization from the City Manager. 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 submit monthly billings to City describing the work
performed during the preceding month. 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 30 days
after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City requests that Consultant
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to
be necessary for the proper completion of the Project, but which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor
be compensated for, Extra Work without written authorization from City. Extra work will be
invoiced separately from services performed in accordance with the Scope of Services.
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6. Termination. This Agreement may be terminated by the City immediately for cause or by
either parry without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. 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 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 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.
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.
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8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above-named officers, require that custody of the records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may
have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Consultant's services hereunder. Consultant further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control and direction of the City
or of any City official, other than normal agreement monitoring; and
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b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. 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.
12. 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.
13. 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.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employees and volunteers from and against any and all 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 performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out of the sole
negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, 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.
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,
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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.
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.
iv. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not
be less than two hundred and fifty thousand dollars ($250,000) 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:Vl1 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 insureds 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. 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.
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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.
16. 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
parry 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
If to Consultant: Harris and Associates
34 Executive Park, Suite 150
Irvine, CA 92614-4705
17. 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.
18. 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.
19. 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 D. 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 D 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.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
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21. Severabilitv. 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.
22. 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.
23. 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.
24. 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. It the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("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 parry may
commence litigation.
25. 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.
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.
27. 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.
28. 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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Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set
forth below.
"CITY"
CITY OF LAKE ELSINORE,
a municipal corporation
Dated: 2009 By:
ATTEST:
Debora Thomsen, City Clerk
APPROVED AS TO FORM:
Van Blarcom, Leibold, McClendon & Mann, P.C.
Barbara Leibold, City Attorney
Robert A. Brady, City Manger
"CONSULTANT"
Dated: 2009 By:
Ehab Gerges
Attachments: Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - List of Sub-Contractors
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EXHIBIT "A"
SCOPE OF SERVICES
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AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT "A"
SCOPE OF SERVICES
Provide Professional Engineering Services underthe general direction of designated
City staff as follows:
Public Works Inspection
Provide construction inspection services, under the direction and oversight of City
staff as designated by the City Engineer. Inspection services shall include City capital
improvement projects, public and private improvements. Construction under City
permit, development agreement, or other City authorization.
Staff Augmentation
Provide staff augmentation services underthe direction and oversight of City staff as
designated by the City Engineer. Such services shall include but no be limited to
assisting staff with generating conditions for residential, commercial and industrial
development, recommending approval of development agreements for construction
of public improvements, providing over the counter plan checking services,
processing development applications and assisting the public. Perform other staff
augmentation services as directed.
Map/Plan Checking Services
Provide map and plan checking services including calculating map and improvement
plan check fees payable to the city based on applicable ordinances, review
engineering cost estimates, review and check tract and parcel maps for compliance
with City requirements and the Subdivision Map Act, check easement documents, on
and off site improvement plans including grading and street improvements, review
hydrology and hydraulics reports including street capacity and catch basin inlet
capacities for conformance with City's drainage master plan, verify compliance with
regulatory requirements and review of drainage improvement plans.
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EXHIBIT "B"
SCHEDULE OF CHARGES
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EXHIBIT 'B'
On-Call Professional Services
Fees
lie following rate table includes our proposed hourly rates, for the 2006 calendar year, to provide
the wide range of services Harris & Associates is prepared to provide the City of Lake Elsinore.
Although most services contemplated represent staff augmentation services at the indicated hourly
rates, fees for other types of services would be as follows:
Building & Safety Plan Che& Services
Harris fees would be on a percentage basis as described.
project Design Services
Design projects are proposed to be negotiated individually based on hourly reates, not to exceed a
specified lump sum price for the established scope of work.
`instruction Management Services
Third-party construction management services would be provided on an individual negotiated cost
proposal basis.
Standard Hourly Rate Schedule
Construction / Program Management
Job Title
Hourly Rate
Project Director
$200
Project Manager
............................:........$175
Senior Construction Manager
.....................................$175
Construction Manager
Senior Resident Engineer
.....................................$150
Resident Engineer
.....................................$135
Construction Engineer
.....................................$125
Scheduling Engineer
.....................................$125
Engineering Estimator
.....................................$125
Senior Public Works Inspector
.......................................$95
Prevailing Rate Inspector
$95
blic works Inspector
.......................................$85
inistratlve Assistant
.......................................$70
81 Harris & Associates
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EXHIBIT 'B'
Civil Engineering Design and Public Works Services
Job Title
Hourly Rate
Project Director
......$200
Senior Project Manager
......$175
Project Manager
......$150
Senior Civil Plan Check Engineer
......$150
Senior Map/Plan Check Engineer
......$150
Senior Project Engineer ...................................................$135
Civil Plan Check Engineer
$125
.
.
Project Engineer
.....$125
Senior CADD Technician / CADD Manager
.....$115
-CADD Technician
.....$105
Senior Design Engineer
$120
Design Engineer
.....$105
Technical Support
.
.
$85
.
.
Administrative Assistant
.
$55
Civil Plan Check and Map, Check Services
Services will be performed for a fixed fee that will be billed at percentage of applicable fee collected
by the City Plan Check/Parnit Fee Schedule/Other Fee Schedules/Grading Fee Schedule, Form No.
2002-03 revised April 24, 2002 as follows:
Civil Improvement Plans ...................:.......:........65% of City Fees
Grading Plans .....................................................65% of City Fees
Final Maps 75% of City Fees
A 5% surcharge fee shall be applicable for "fast track" plan checks.
molest
1. These individuals include professionals and support personnel who might work on Harris projects.
Support personnel include technicians and administrative staff.
2. These hourly rates will be held through December 31, 2006. The hourly rates will increase
thereafter by 5% on annual (calendar year) basis.
3. Unless. otherwise indicated in the agreement, hourly rates include most direct costs such as vehicle
usage and mileage, equipment usage (including computer and telephone), and printing and
copying (except large quantities such as construction documents for bidding purposes).
4. Billing rates for independent contractors. and hourly employees are determined on a "rase-by-case
basis.
5. All subconsultant services are subject to a 10% markup.
8 1 Hams & Associates
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EXHIBIT "C"
LIST OF SUBCONTRACTORS
Map Checking Services - Right-of-Way and Survey Associates (RASA)
534 Rancho Terrace
Escondido, CA 92026
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