2012/11/13 Aecom Technical Services, Inc. Holland Rd Overcrossing PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this 13" day of
November, 2012 ("Effective Date") by and between the CITY OF MENIFEE ("City") and AECOM
Technical Services, 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
tom, 201.2 and shall end 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 two hundred twenty-two thousand eight hundred eighty-six dollars ($222,886.00)
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
Professional Services Agreement with AECOM Techinical Services,Inc. I of 12
specifically authorized in advance by City, Consultant shall not bill City for duplicate services
performed by more than one person.
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.
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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.
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.
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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 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.
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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 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 A:VII 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:
(Holland Road Overcrossing Project). 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-
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A_,
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.
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.
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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 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 PIERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing 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
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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 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.
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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 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.
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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 Severability. If a court of competent jurisdiction finds 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.
10.6 Consultant Representative. All matters under this Agreement shall be
handled for Consultant by Gregory Hefter, PE
10.7 City Contract Administration. This Agreement shall be administered by
a City Employee, Don Allison ("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:
AECOM
999 Town & Country Road
Orange, CA 92868
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.
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Seal and Signature of Registered Professional with
report/design res onsibility.
10.10 Intearation. 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.
Section 11.
The Parties have executed this Agreement as of the Effective Date.
ITY MENIF CONSUL
TAN
T
'40
Jrest:
V. en r, Mayor at S e 'II PE
A
Vice President
`
Kathy Bennett, City Clerk
Appr d a to F m:
Joseph .v a er, City Attorney
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EXHIBIT A
SCOPE OF WORK
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Scope of Work
Exhibit A-Continued
Exhibit A
Holland Road Overcrossing Feasibility Report
Scope of Work
This Phase of the project will generally include the use of existing information to develop the project
so that impacts and issues are assessed in the Feasibility Study. Items not explicitly shown below in
this written scope of work are assumed as not included in the scope of work.
The following tasks will be completed as part of the Feasibility Study.
1. Survey-Supply aerial and topographic only for this scope of work;design survey will be
supplied in future phase.
Control Surveys
Consultant will field locate survey control monuments as required to support the aerial
survey for this project. From the survey control monuments,Consultant will set 11 aerial
control points to support the topographic mapping. All surveying for this project will be
completed in English units of measurement. Horizontal datum for this mapping control will
be the North American Datum of 1983 (NAD83).Vertical datum will be the North American
Vertical Datum of 1988(NAVD88).
Aerial Topographic Mapping
Bridge Site
Consultant will obtain color aerial photography at a scale which will be used to generate 1
inch=50-foot mapping with 1-foot contour intervals per Caltrans mapping standards/ABC
process of the bridge site area. Mapping deliverables will be provided in MicroStation
format. Full color ortho-imagery will be prepared
Extended Planning Area
Consultant will obtain color aerial photography at a scale which will be used to generate 1
inch= 100-foot mapping with 2-foot contour intervals per Caltrans mapping standards/ABC
process of the extended planning area. Mapping deliverables will be provided in
MicroStation format. Full color ortho-imagery will be prepared.
Extended planning area includes the area formed by La Pieda Road, Craig Road,Sherman
Road,and Palomar Road.
Deliverables: Aerial Color Imaging/DTM Files/Traditional Topographic Mapping,and survey
control report.
Scope of Work
Page 1
2. Caltrans Coordination
Caltrans interface and oversight—Consultant will meet with Caltrans encroachment staff to
introduce project and establish framework for Streamlined Oversight Projects (SOP)versus
full project development.
Deliverable: Determine most appropriate Caltrans delivery process with goal of obtaining
letter from Caltrans stating their concurrence.
3. Traffic Review and Volumes
Traffic Study—Consultant to develop traffic study memorandum for project. Objective of
study will be to determine whether there is a need to widen Hanover or Albion due to
rerouted access to Holland Road. In addition,develop traffic volumes for local streets and
arterials. Limits of data collection along Holland Road shall be bounded by Menifee Road
and Sherman Road. Model input will be included from the area bounded by Menifee Road,
Murrieta Road, Newport Road, and Scott Road.
A study was prepared by Urban Crossroads (UC)for the purpose of identifying the
percentage of future traffic on Newport that would divert down to the new Holland
overcrossing. A select link analysis from the RivTAM model was used for that report. A
select link analysis identifies the where the trips on a roadway come from, in terms of
distribution from feeder streets. Using this select link analysis,the UC report looked at the
percentage of traffic that would use Newport that could potentially divert to Holland.
To determine the feasibility of the new crossing, Consultant will develop peak hour
volumes.These are needed not only for the crossing itself, but also the streets that feed
into it. Consultant shall assume that the Holland Road overcrossing is in the RivTAM model.
Given this assumption, Consultant shall:
-Gather data, primarily intersection turning movement counts at seven intersections
along Holland Road between Sherman Road and Menifee Road.
-Extract the RivTAM model existing and future year volumes
-Develop growth rates from the model,apply these to the existing volumes,and project
future volumes
Deliverable: Letter report that describes methodology,assumptions,generated peak hour
volumes,and recommendations for improvements along Holland Road and adjacent
streets.
4. Roadway Layout and Profile
Roadway alignments and study of alternatives including items such as:
ELLN clearance and associated profile
Scope of Work
Page 2
Local constraints at Haun Road and tie point on east side; avoid east of Hanover if
possible since small amount of wetlands may exist in that area.
Layout local streets and access roads—Willowood;access roads to parcels
Evaluate bike and pedestrian trails—use Class II and sidewalks
Determine approximate footprint for project and impact area.
Review slope/grading and retaining wall limits
Typical cross-sections
Deliverable:Plan and Profile exhibit combined onto one sheet. Plan sheet scale will be
1"=50'. Plan and profile will depict the following items at the conceptual level(i.e.,
approximately 15%plan level):
• toe/top of slopes;
• access road layout to adjacent properties;
• existing utilities;
• parcel lines(per publically available APN information; no surveyed boundaries);
• right-of-way requirements
• conceptual bridge layout(separate plan sheet to be supplied as described under the
Bridge section within this Scope of Work);
• traffic signal locations;
• striping;sidewalks;medians;
• retaining walls;and,
• typical cross sections(three representative sections along Holland Road;one section
on 1-215;one on Antelope Road;and one on Willowood realignment.
5. Geotechnical Review
Geotechnical Review—Based on preliminary review limited data the likely primary
geotechnical issues are:
Potential hydro collapse settlements of soils when subjected to embankment loading
and saturation;
Dry sand settlement due to shaking from a seismic event; and,
Impact of potential presence of cobbles, boulders (less likely),and bedrock(less likely)
on shallow/pile foundation type selection.
Consultant shall review available, previously published and unpublished,geotechnical,
geological, and hydrogeological data,and logs of test borings (LOTB)for the project area
and the vicinity.
Review will focus on seismicity;ground rupture including Alquist-Priolo zones,ground
motion,depth to bedrock, liquefaction potential,subsurface soil conditions,and shallow
groundwater that may have potential impact on the proposed project.
No subsurface exploration or laboratory testing included in this scope of work.
Phase I Environmental Site Assessment is not part of scope of work.
Scope of Work
Page 3
Deliverable: Letter report that summarizes the geologic setting, regional physiography and
topography of the site,geologic materials within the site,depth to bedrock, potential for
fault rupture,groundwater conditions,and potential foundation types that could affect
feasibility,cost, and schedule.
6. Bridge Concept
Consultant shall prepare a general plan (GP) level plan for two bridge alternatives. The GP
will include the plan view of the bridge, an elevation of the bridge,and other data related to
the bridge.
Aesthetic features will also be considered with the GP. The GP will establish the cost of the
structure,span lengths and limits, possible foundation systems,and cast-in-place or pre-
cast.
Deliverable:A general plan of the two bridge alternatives(likely cast-in-place concrete and
pre-cast). General plans shall include information described above.
7. Design Exceptions
Design Exceptions—Consultant shall review proposed project for design exceptions within
Caltrans right of way.
Deliverable:List of potential design exceptions.
B. Aesthetics
Consultant shall prepare three aesthetics concepts based on treatments used in
surrounding areas. Consultant shall incorporate themes used in surrounding architectural
treatments and prepare conceptual themes for consideration of City Council. The
conceptual themes will be representative views of the various features that reveal the
unique architectural features for each alternative. This scope of work does not include
refining the alternatives based upon comments from City or preparing multiple iterations of
the three alternatives. This will be included in a future scope of work as needed and
directed by City.
Approximate unit costs will be included with each alternative.
Deliverable: A plan sheet exhibit of each of the three alternatives that presents elevation
views of the alternative.
9. Utilities
Consultant shall gather as-built information and conduct field review of utilities (visual
review only; no surveyed data to be collected within this scope of work).
Scope of Work
Page 4
Develop conceptual level list of potential utility conflicts and show utilities on plan sheet. A
partial list includes:
- EMWD 12 inch waterline that crosses 1-215 along Holland Road
- EMWD service lines
- Overhead power lines and cable/phone lines along south side on Holland both sides
of 1-215
- Power pole lines parallel to and west of 1-215
- Fiber optic lines on Antelope Road
Deliverable:List of potential utility conflicts with associated estimated casts. Utility lines will
be shown on plan sheets as described in Scope of Work Item No.4, Roadway Layout and
Profile.
10. Right-of-Way
Consultant shall analyze and research the right of way impacts associated with Holland Road
improvements assessing temporary and permanent easement and permanent fee impacts
for up to(10) impacted Assessor's Parcel Numbers. This information will be gathered for
inclusion in the Feasibility Study and used to assist in the clarification of design concerns
throughout future phases of the project. There also appear to be a number of commercial
signs along the preliminary route that will be considered in the valuation.
Deliverable: Matrix listing impacted parcels and associated cost of impacts.
11. Schedule
Consultant shall develop overall project schedule based upon information gathered during
the development of the Feasibility Study. Schedule will be prepared using Microsoft Project
and include all of the phases needed to advance project through construction.
Deliverable: Microsoft Project schedule of project activities. Level of detail to match that of
the schedule presented in the Consultant's proposal.
12. Cost Estimate
Consultant shall prepare cost estimate for all phases of the project. The primary basis of the
estimate will be the construction costs of the Holland Road improvements. Project support
costs including preparation of the project approval/environmental document(PA/ED) phase,
final design phase, construction management, and Caltrans oversight will be based on a
percentage of the construction cost.
Historical unit costs will be used as the basis for the construction cost estimate.
Deliverable:Cost estimate of project that includes all phases for the project.
Scope of Work
Page 5
13. Feasibility Study
Consultant shall prepare Feasibility Study report and submit to City of Menifee. The report
shall contain a summary of the topics listed within this scope of work. Two alternatives are
anticipated as the basis for this scope of work although only one may be reasonable
depending upon the outcome of the study.
Report shall provide a description of the project alternatives,the pros and cons of the
alternatives,the cost of each alternative,and schedule duration of each alternative.
Deliverables:
Report describing the items outlined above.
Exhibits for the City Council and other presentations to include: plan and profile of the
project;aesthetic features alternatives; cross-sections.
14. City Council Presentation
Consultant will provide assistance to City staff as requested in preparing the Council agenda
item and presenting the project to the Council.
Deliverable: Due to the difficulty in estimating the level of effort at this point, it shall be
assumed that 8 hours of project manager or project lead time and 8 hours of CAD drafter
time will be needed to prepare exhibits and present the report findings to the City Council.
Multiple iterations or updates to the Feasibility Report are not included with this scope of
work due to the uncertainty of estimating that effort. This scope of work is assumed to be
complete upon the presentation of the Project to the City Council.
Scope of Work
Page 6
Fee and Hourly Rate Sheet
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Classification Billing Rates
Project Director $ 286.77
Project Manager $ 220.85
Technical Manager $ 230.55
Technical Leader II $ 187.42
Technical Leader 1 $ 158.79
Project Engineer $ 145.79
Engineer IV $ 141.82
Engineer III $ 122.44
Engineer 11 $ 102.01
Engineer 1 $ 83.49
Senior Planner $ 140.15
Associate Planner $ 99.50
Assistant Planner - $ 76.96
CADD Manager $ 146.27
CADD Drafter IV $ 111.95
CADD Drafter III $ 93.56
CADD Drafter 11 $ 60.57
CADD Drafter 1 $ 50.60
Project Controls 11 $ 106.96
Project Controls 1 $ 74.15
Administrative Manager $ 141.89
Administrative Assistant 11 $ 80.80
Administrative Assistant 1 $ 59.95
2012 AECOM Overhead Rate: 156.22%
Project Team
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