2013/04/26 Adame Landscape, Inc. CIP01-13 Newport Rd Widening PROFESSIONAL SERVICES AGREEMENT
CIP #01-13, NEWPORT ROAD WIDENING (ANTELOPE TO MENIFEE) —
PHASE I LANDSCAPE SERVICES WITH ADAME LANDSCAPE, INC.
THIS AGREEMENT for Professional Services ("Agreement") is made this 26`h day
of April, 2013 ("Effective Date") by and between the CITY OF MENIFEE ("City") and
Adame Landscape, INC. ("Consultant") (together sometimes referred to the "Parties").
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of Work,
(Exhibit A) and incorporated here. Consultant will perform subsequent Task Orders as
requested by the Contract Administrator, in accordance with the Scope of Work. In the
event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A,
this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the
April 26th, 2013 and shall end on September 30`h, 2013 or as described in the Task unless
the term of the Agreement is otherwise terminated or extended as provided for in Section
8. The time provided to Consultant to complete the services required by this Agreement
shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services
required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in
the geographical area in which Consultant practices its profession and to the sole
satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform services pursuant to Agreement. In the event that City, in its sole
discretion, at any time during the term of this Agreement, desires the reassignment of any
such persons, Consultant shall, immediately upon receiving notice from City of such desire
of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of
services pursuant to this Agreement as may be reasonably necessary to satisfy
Consultant's obligations hereunder.
1.5 Authorization to Perform Services. The Consultant is not
authorized to perform any services or incur any costs whatsoever under the terms of this
Agreement until receipt of authorization from the Contract Administrator.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not
to exceed Nine Thousand Three Hundred Twenty Dollars and Zero Cents ($9,320.00)
notwithstanding any contrary indications that may be contained in Consultant's proposal,
for services to be performed and reimbursable costs incurred under this Agreement. In the
event of a conflict between this Agreement and Exhibit A, regarding the amount of
compensation, this Agreement shall prevail. City shall pay Consultant for services
rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the
manner specified herein. Except as specifically authorized in advance by City, Consultant
shall not bill City for duplicate services performed by more than one person.
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2.1 Invoices. Consultant shall submit invoices monthly during the term
of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under the
Agreement, and the percentage of completion;
• At City's option, for each work item in each task, a copy of the applicable
time entries or time sheets shall be submitted showing the name of the
person doing the work, the hours spent by each person, a brief
description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of Consultant
performing services hereunder necessary to complete the work
described in Exhibit A;
• Receipts for expenses to be reimbursed;
• The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on
invoices received, for services satisfactorily performed, and for authorized reimbursable
costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies
with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total
sum due pursuant to this Agreement within sixty (60) days after completion of the services
and submittal to City of a final invoice, if all services required have been satisfactorily
performed.
2.4 Total Payment. City shall not pay any additional sum for any
expense or cost whatsoever incurred by Consultant in rendering services pursuant to this
Agreement. City shall make no payment for any extra, further, or additional service
pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of
the maximum amount of compensation provided above either for a task or for the entire
Agreement, unless the Agreement is modified in writing prior to the submission of such an
invoice.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly
basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included
within the maximum amount of the contract.
2.7 Payment of Taxes. Consultant is solely responsible for the
payment of employment taxes incurred under this Agreement and any federal or state
taxes.
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2.8 Payment upon Termination. In the event that the City or
Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the
Consultant for all outstanding costs and reimbursable expenses incurred for work
satisfactorily completed as of the date of written notice of termination. Consultant shall
maintain adequate logs and timesheets in order to verify costs incurred to that date.
Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided,
Consultant shall, at its sole cost and expense, provide all facilities and equipment
necessary to perform the services required by this Agreement. City shall make available to
Consultant only physical facilities such as desks, filing cabinets, and conference space, as
may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of the City. The location,
quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no
event shall City be required to furnish any facility that may involve incurring any direct
expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under
this Agreement, Consultant, at its own cost and expense, shall procure the types and
amounts of insurance checked below and provide Certificates of Insurance, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of
this section and which is satisfactory, in all respects, to the City. Consultant shall maintain
the insurance policies required by this section throughout the term of this Agreement. The
cost of such insurance shall be included in the Consultant's compensation. Consultant
shall not allow any subcontractor, consultant or other agent to commence work on any
subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution.
Consultant acknowledges the insurance policy must cover inter-insured suits between the
City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and
expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability
Insurance for any and all persons employed directly or indirectly by Consultant. The
Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be
provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, ONE MILLION
DOLLARS ($1,000,000.00) disease per policy . In the alternative, Consultant may rely on
a self-insurance program to meet those requirements, but only if the program of self-
insurance complies fully with the provisions of the California Labor Code. Determination of
whether a self-insurance program meets the standards of the Labor Code shall be solely in
the discretion of the Contract Administrator. The insurer, if insurance is provided, or the
Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation
against the City and its officers, officials, employees, and authorized volunteers for loss
arising from work performed under this Agreement.
4.2 Commercial General
Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and
expense, shall maintain commercial general and automobile liability insurance for the term
of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage, for risks associated with the work
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contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general
aggregate, TWO MILLION DOLLARS ($2,000,000.00) products/completed operations
aggregate. If a Commercial General Liability Insurance or an Automobile Liability 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. Such coverage shall
include but shall not be limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of hired, owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general
coverage shall be at least as broad as Insurance Services Office Commercial General
Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. Automobile coverage shall be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be
included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an
accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers,
employees, agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and
expense, shall maintain for the period covered by this Agreement professional liability
insurance for licensed professionals performing work pursuant to this Agreement in an
amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals' errors and omissions. Any deductible or self-insured retention shall not
exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall
apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and
must be no later than the commencement of the work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not
replaced with another claims-made policy form with a retroactive date that precedes the
date of this Agreement, Consultant must provide extended reporting coverage for a
minimum of five (5) years after completion of the Agreement or the work. Such
continuation coverage may be provided by one of the following: (1) renewal of the existing
policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a
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retroactive date no later than the commencement of the work under this Agreement. The
City shall have the right to exercise, at the Consultant's sole cost and expense, any
extended reporting provisions of the policy, if the Consultant cancels or does not renew the
coverage.
d. A copy of the claim reporting requirements must be
submitted to the City prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this
section is to be placed with insurers with a Bests' rating of no less than AM and admitted
in California.
4.4.2 Verification of coverage. Prior to beginning any work under
this Agreement, Consultant shall furnish City with Certificates of Insurance, additional
insured endorsement or policy language granting additional insured status complete
certified copies of all policies, including complete certified copies of all endorsements. All
copies of policies and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must
include the following reference: Newport Road Widening Project — Phase 1. The name
and address for Additional Insured endorsements, Certificates of Insurance and Notice of
Cancellation is: City of Menifee, 29714 Haun Road, Menifee, CA 92586. The City must be
endorsed as an additional insured for liability arising out of ongoing and completed
operations by or on behalf of the Consultant.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A
certified endorsement shall be attached to all insurance obtained pursuant to this
Agreement stating that coverage shall not be suspended, voided, canceled or materially
changed by either party, or reduced in coverage or in limits, except after thirty (30) days'
prior written notice by certified, mail, return receipt requested, has been given to the City.
In the event that any coverage required by this section is reduced, limited, cancelled, or
materially affected in any other manner, Consultant shall provide written notice to City at
Consultant's earliest possible opportunity and in no case later than ten (10) working days
after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its
officers, employees, agents, and authorized volunteers shall be covered as additional
insureds with respect to each of the following: liability arising out of activities performed by
or on behalf of Consultant, including the insured's general supervision of Consultant;
products and completed operations of Consultant, as applicable; premises owned,
occupied, or used by Consultant; and automobiles owned, leased, or used by the
Consultant in the course of providing services pursuant to this Agreement. The coverage
shall contain no special limitations on the scope of protection afforded to City or its officers,
employees, agents, or authorized volunteers. The insurance provided to the City as an
additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by the City. Additional insured status shall
continue for(1) year after delivery of product(s).
A certified endorsement must be attached to all policies stating that
coverage is primary insurance with respect to the City and its officers, officials, employees
and volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
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4.4.5 Deductibles and Self-insured Retentions. Consultant shall
obtain the written approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior
express written authorization of Contract Administrator, Consultant may increase such
deductibles or self-insured retentions with respect to City, its officers, employees, agents,
and volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant procure a
bond guaranteeing payment of losses and related investigations, claim administration, and
defense expenses that is satisfactory in all respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors
as insureds under its policies or shall furnish separate certificates and certified
endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
4.4.7 Variation. Contract Administrator may approve in writing a
variation in the foregoing insurance requirements, upon a determination that the coverage,
scope, limits, and forms of such insurance are either not commercially available, or that the
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option, exercise any of the
following remedies, which are alternatives to other remedies City may have and are not the
exclusive remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under the
Agreement;
• Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work
and withhold any payment, until Consultant demonstrates compliance
with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION.
Design Professional agrees to indemnify, defend and hold harmless, the City, its officers,
officials, employees and volunteers from any and all claims, demands, costs or liability that
actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or
willful misconduct of Design Professional and its agents in the performance of services
under this contract, but this indemnity does not apply to liability for damages for bodily
injury, property damage or other loss, arising from the sole negligence, active negligence
or willful misconduct by the City, its officers, official employees, and volunteers.
As respects all acts or omissions which do not arise directly out of the performance of
professional services, including but not limited to those acts or omissions normally covered
by general and automobile liability insurance, Consultant agrees to indemnity, defend and
hold harmless the City, its officers officials, employees and volunteers for an against any
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claim, demands, losses, liability of any kind or nature arising out of or in connection with
the Consultant's performance or failure to perform under the terms of this contract,
excepting those which arise out of the active negligence, sole negligence or willful
misconduct of the city.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this
Agreement, Consultant shall be an independent contractor and shall not be an employee
of City. City shall have the right to control Consultant only insofar as the results of
Consultant's services rendered pursuant to this Agreement and assignment of personnel
pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control
the means by which Consultant accomplishes services rendered pursuant to this
Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law,
or ordinance to the contrary, Consultant and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for or become
entitled to any compensation, benefit, or any incident of employment by City, including but
not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governinq Law. The laws of the State of California shall govern
this agreement.
7.2 Compliance with Applicable Laws. Consultant and any
subcontractor shall comply with all applicable local, state and federal laws and regulations
applicable to the performance of the work hereunder. Consultant shall not hire or employ
any person to perform work within the City of Menifee or allow any person to perform work
required under this Agreement unless such person is properly documented and legally
entitled to be employed within the United States. Consultant shall obtain a City of Menifee
business license. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City
that Consultant and its employees, agents, and any subcontractors have all licenses,
permits, qualifications, and approvals of whatsoever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term or this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and
without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City
and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; City, however, may condition
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payment of such compensation upon Consultant delivering to City any or all documents,
photographs, computer software, video and audio tapes, and other materials provided to
Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the
end date of this Agreement beyond that provided for in Subsection 1.1. Any such
extension shall require a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City shall have
no obligation to provide Consultant with compensation beyond the maximum amount
provided for in this Agreement. Similarly, unless authorized by the Contract Administrator,
City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a
writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize
and agree that this Agreement contemplates personal performance by Consultant and is
based upon a determination of Consultant's unique personal competence, experience, and
specialized personal knowledge. Moreover, a substantial inducement to City for entering
into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator. In the event
that key personnel leave Consultant's employ, Consultant shall notify City immediately.
8.5 Survival. All obligations arising prior to the termination of this
Agreement and all provisions of this Agreement allocating liability between City and
Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially
breaches any of the terms of this Agreement, City's remedies shall include, but not be
limited to, any or all of the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant pursuant to this
Agreement;
8.6.3 Retain a different consultant to complete the work described
in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to
complete the work described in Exhibit A that is unfinished at the time of breach and the
amount that City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All
reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans,
studies, specifications, records, files, or any other documents or materials, in electronic or
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any other form that Consultant prepares or obtains pursuant to this Agreement and that
relate to the matters covered hereunder shall be the property of the City. Consultant
hereby agrees to deliver those documents to the City upon termination of the Agreement.
It is understood and agreed that the documents and other materials, including but not
limited to those described above, prepared pursuant to this Agreement are prepared
specifically for the City and are not necessarily suitable for any future or other use. City
and Consultant agree that, until final approval by City, all data, plans, specifications,
reports and other documents are confidential and will not be released to third parties
without prior written consent of both parties unless required by law.
9.2 Consultant's Books and Records. 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 the City under this Agreement for a minimum of three (3) years,
or for any longer period required by law, from the date of final payment to the Consultant to
this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that
Section 9.2 of this Agreement requires Consultant to maintain shall be made available for
inspection, audit, and/or copying at any time during regular business hours, upon oral or
written request of, the City. Under California Government Code Section 8546.7, if the
amount of public funds expended under this Agreement exceeds Ten Thousand Dollars
($10,000.00), the Agreement shall be subject to the examination and audit of the State
Auditor, at the request of City or as part of any audit of the City, for a period of three (3)
years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either party to this Agreement brings any action,
including an action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and
expenses including costs, in addition to any other relief to which that party may be entitled.
The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Venue. In the event that either party brings any action against the
other under this Agreement, the parties agree that trial of such action shall be vested
exclusively in Riverside County.
10.3 SeverabilitV. If a court of competent jurisdictiorLfinds or rules that
any provision of this Agreement is invalid, void, or unenforceable, the provisions of this
Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or
in part of any provision of this Agreement shall not void or affect the validity of any other
provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a
specific provision of this Agreement does not constitute a waiver of any other breach of
that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall
inure to the benefit of and shall apply to and bind the successors and assigns of the
parties.
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10.6 Consultant Representative. All matters under this Agreement shall
be handled for Consultant by James Potter.
10.7 City Contract Administration. This Agreement shall be
administered by a City Employee, Crystal Nguyen ("Contract Administrator"). All
correspondence shall be directed to or through the Contract Administrator or his or her
designee.
10.8 Notices. Any written notice to Consultant shall be sent to:
Adame Landscape, INC.
41863 Juniper Street
Murrieta, CA 92562
Attn: James Potter
Any written notice to City shall be sent to the Contract Administrator with a
copy to:
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
10.9 Professional Seal. Where applicable in the determination of the
Contract Administrator, the first page of a technical report, first page of design
specifications, and each page of construction drawings shall be stamped/sealed and
signed by the licensed professional responsible for the report/design preparation. The
stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with
report/design responsibility," as in the following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.10 Integration. This Agreement, including the scope of work attached
hereto and incorporated herein as Exhibit A, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
10.11 Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement.
10.12 Nondiscrimination. Consultant shall not discriminate in any way,
against any person n the basis of race, color, religious creed, national origin, ancestry, sex,
age, physical handicap, medical condition or marital status in connection with or related to
the performance of this Agreement.
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Section 11.
The Parties have executed this Agreement as of the Effective Date.
CITY OF MENIF CONSULTANT
Robert A.I
nson, Interim City Manager Si at re
Attest:
Kathy Bennett, City Clerk Print
Approved as to Form: 61),
Title
Juli . Biggs, er' ity Attorney
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EXHIBIT A
SCOPE OF WORK
Article I. NEWPORT RD. WIDENING PROJECT
DESIGN SERVICE PROPOSAL
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Qualifications of Firm
Qualifications of Personnel
Project Approach and Understanding Cost
Competitiveness
Section 1.01 Scope of Work and Cost Breakdown
Design Coordination Meetings
Project design will require coordination with Valley-Wide Recreation & Park District
and City of Menifee project management to determine specific desires from both
agencies.
Design Coordination Meeting Allocation(6 Hrs) $1,000.00
Section 1.02 Irrigation Site Analysis
Data acquisition of all existing irrigation mainlines,irrigation sleeves, control wiring,
remote control valves, quick coupler valves, isolation valves, irrigation water and
electrical meters, irrigation controllers and lateral zones as required to
determine which appurtenances shall be protected in place, removed, replaced
or relocated within the limit of work based on civil street improvement plans.
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Landscape and irrigation was installed approx. 22 years ago and was designed by FMA
Landscape Architects. After contacting the maintaining agency it has been determined that
no as-builts are available. A detailed field survey will be required which will include wire
tracing to locate existing mainlines and control wiring and potential pot holing to locate
existing underground piping and sleeves. Most above ground valves are currently shown
on the mapping plan provided by Vertical Mapping Resources, Inc. but upon our initial site
visit we identified additional irrigation valves that are not currently shown that appeared to
be under drip lines of trees or in shaded areas. All above ground valves will be visibly
continued and documented. Because there are two (2)point-of-connections that supply
irrigation water along Newport Rd. from Antelope to Menifee Rd. that irrigate portions of
the median and both the north and south sides of the parkways, the locations of sleeves,
mainline and lateral zones must be located to ensure that any affected piping to be removed
has been identified to prevent loss of plant life during construction.
Irrigation Site Analysis Cost $3,870.00
Section 1.03 Existing Irrigation Utility Plan
Preparation of irrigation utility plan for all existing irrigation systems within limit of work by
graphically identifying locations and layout of all data acquired from site analysis.
Existing Irrigation Utility Plan Cost $1,250.00
Section 1.04 Irrigation Relocation/Replacement Plan
Identification of all existing mainline, wiring, valves lateral piping and spray heads to be
removed. Layout of relocated and/or new mainline, wiring, valves and spray head lateral lines
required to be installed to ensure that all landscape within parkways are preserved during
construction and as requested by Valley- Wide Recreation and Park District and the City of
Menifee. Design work for medians will consist of sleeving provisions for future Phase I1
design.
Irrigation Relocation/Replacement Plan Cost $3,200.00
Section 1.05 Project Specifications
Written description of scope of work, workmanship standards and material schedule, classes and
standards.
Project Specifications $650.00
Section 1.06 TOTAL
9 320.00
Work not included would be a tree protection plan that should be considered.
14
Our firm currently maintains the landscape and irrigation along Newport Rd. and has
maintained this project for over 15 years. Our Imowledge of this project and working
relationship with Valley-Wide Recreation and Park District would be very beneficial to the
City of Menifee and I feel that our associated costs accurately reflects the exact scope of work
required to complete the work in an acceptable manner to the responsible maintenance agency.
Sincerely,
U
James Potter- C-27 643164
4824-7172-0963.1 15 of 11