2013/01/10 Leighton Consulting, Inc. Slurry Seal Project PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement") is made this 10th day of
January , 2013 ("Effective Date") by and between the CITY OF MENIFEE ("City") and
Leighton Consulting. 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
January 10'h , 2013 and shall end on June 30, 2013 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 Seven Thousand One Hundred and Two Dollars ($ 77,102 ) 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.
Professional Services.Agreement with Leighton Consulting,Inc. I of t 2
Except as 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.
Professional Services Agreement N ith Leighton Consulting,Inc 2 of 12
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.
Professional Services Agreement with Leighton Consulting,Inc 3 of 12
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.
Professional Services Agreement with Leighton Consulting,Inc. 4 of 12
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 coveracie. 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: 2012
Slurry Seal 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-
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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.
Professional Services Agreement with Leighton Consulting,Inc 6 of 12
Section 6. 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 PERS benefits.
Section 7. LEGAL REQUIREMENTS.
7.1 Governina 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
Professional Services Agreement with Leighton Consulting,Inc. 7 of 12
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.
Professional Services Agreement vith Leighlon Consulting Inc 8 of 12
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.
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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 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.
10.6 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 roM BeIV501V -7a iAl /�13
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: Li716N/ON /NC .
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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
Professional Services Agreement with Leighton Consulting Inc. 10 of 12
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.
Section 11.
The Parties have executed this Agreement as of the Effective Date.
CITY.g NIF E CONSULTA
Robert A. Jo nson, Interim City Manager Signature
Attest:, TNOMAS c, gC,vSaN JR •
_ Print Name
Kathy Bennett, City Clerk Ciro
Print Title
Approved as to For
Ju ayward Biggs, rre m City Attorney
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EXHIBIT A
SCOPE OF WORK
See attached proposal.
Professional Services Agreement with Leighton Consulting Inc. 12 of 12
Leighton Consulting, Inc.
A LEIGHTON GROUP COMPANY
January 4, 2013
Proposal No. TE13-002
City of Menifee
Engineering / Public Works
29714 Haun Road
Menifee, CA 92586
Attention: Crystal Nguyen, P.E., Associate Civil Engineer
Subject: Proposal to Provide Geotechnical Services for
2012 Slurry Seal Project, Phase I
City of Menifee Bid No. 2012-004
References: Plans, Specifications and Contract Documents, for Bid No. 2012-004, City
of Menifee, dated September 28, 2012.
In accordance with your request, Leighton Consulting, Inc., (Leighton) is pleased to
submit this proposal to provide geotechnical and materials testing services for the
subject project. Leighton, a California corporation, provides geotechnical engineering
and deputy inspection services to public agencies and private developers in southern
California for over 50 years. Our Temecula office will take the lead on this project and
provide the required services. Our Temecula office has been providing construction
geotechnical testing services for southwestern Riverside County including City of
Menifee for over 30 years.
Leighton's Temecula laboratory has been audited and approved by Caltrans, AASHTO,
State of California Division of State Architect, (DSA), U.S. Navy, and U.S. Army Corps
of Engineers. We provide standard ASTM testing results, and can respond with
additional testing methods modified to meet specific field and/or contract conditions. Our
laboratories participate bi-yearly in Cement and Concrete Reference Laboratory (CCRL)
Sample Proficiency Testing and consistently achieve the highest possible ratings.
2012 Sluny Seal Pioj&t Phase! 7E13-W2
Proposal to Provide Geotechnipl Services January4 2013
PROJECT MANAGEMENT AND APPROACH
The Leighton Team that will be working on this project has been successfully providing
similar services for numerous projects throughout Riverside County and recently within
the City of Temecula. These team members are selected for their:
• Past experience with similar projects and close proximity to the project site;
• Required qualifications for the anticipated tasks;
• Availability and ability to meet the project deadlines; and
• Local knowledge of inspection requirements and construction practices.
Our assigned team has worked on numerous similar projects and their involvement will
be crucial for cost effective and efficient construction procedures. The key staff listed
below has worked successfully on similar projects. The staff members named below
will only be replaced by another staff member of equal competence only after prior
written approval by the City.
Simon Saiid, PE, GE / Project Manager/Geotechnical Engineer
California Registered Geotechnical Engineer— 2641
California Registered Civil Engineer—62375
MS, Civil Engineering Rensselaer Polytechnic Institute, Troy, New York
BS, Civil Engineering Rensselaer Polytechnic Institute, Troy, New York
Mr. Saiid has more than 22 years of engineering design and construction supervision
experience for the civil and geotechnical aspects of projects related to infrastructure
work, public facilities, and land development. Mr. Saiid is managing our staff of
engineers/geologists and responsible for review geotechnical engineering analyses,
laboratory testing, and quality control.
Scott Watson / Engineering Technician
Mr. Watson has more than 18 years of experience providing geotechnical field
exploration and testing services. His experience includes field observations and
compaction testing during rough grading, trench backfill, and roadway pavement
construction for numerous projects. He has observed and tested subgrade, aggregate
base and pavement materials for arterial roads and private streets, and has performed
geotechnical observation and testing during construction.
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Leighton
2012 SlunySeal Project Phase! M3-002
Proposal to Pmvde Geotedrnlral Services January 4 2013
Loren Murphy/ Engineering Technician
Mr. Murphy has more than 14 years of experience providing geotechnical field services
for utility, residential, transportation, and institutional projects. His experience includes
work on rough grading projects, providing field observation, material sampling, and
compaction testing services. He has observed and tested subgrade for numerous
arterial roads and private streets.
A specific corporate objective at Leighton is to maintain a high standard of achievement
by implementing outstanding technical performance and a commitment to detail through
our training and professional development programs. Our commitment to quality
management is evident by our long-term client relations, repeat clients, financial stability
and continued growth. Our project management solutions have always been ahead of
their time, utilizing internet technologies for storage, viewing and critical task elements
while keeping you abreast of the latest developments and progress relative to the
project tasks at hand.
PROPOSED SCOPE OF SERVICES
In accordance with your"Request for Cost ProposalVemail transmittal dated December
26, 2012 and our review of the project plans and specifications, we anticipate that our
scope of work will consist of the following:
• Review of the construction documents (plans and specifications) regarding the
planned improvements.
• Attendance at a pre-construction onsite meeting, if requested.
• Field observation and testing performed by our Soil/Field Technician on a part-
time and/or as needed basis. We understand that scope of the 2012 Slurry Seal
Project, Phase I, includes deep lift repair of asphalt and installation of Tire Rubber
Modified Slurry Seal (TRMSS). Slurry installation is scheduled for January 16th
thru the 24th. Scope of work includes testing TRMSS for conformance with the
specifications as well as testing the slurry during the installation. We also
understand that slurry installation will require testing/inspection on a full time basis
for the first 3 working days and then part-time testing/ inspection for the last 4
working days.
• Laboratory testing of representative Asphalt (HMA) and TRMSS samples.
• Office project management and quality control of field and laboratory soil testing.
• A final summary compaction report documenting the earthwork performed. Filed
reports will be provided at the time of testing/observation.
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Leighton
2012SluaySeal Project Phase 7F13-002
ftgosa/to Provide Geo technical 5ewon Januarv2 2013
COST ESTIMATE
Our actual fees will be accumulated on a time-and-materials basis, based on our
Discounted 2012 Professional Fee Schedule for this project. Our fees for typical
construction services will be primarily dependent upon the various contractor's
operations, methods and scheduling by your field inspector. Therefore, these estimates
should be considered as preliminary budgets, only. If we are close or expected to
exceed our estimated amount during the course of the construction, we will notify you
before providing additional services. We request City Public Works Inspector to partner
with us to reduce unnecessary site visits and standby time. Based on the anticipated
scope of work, the estimated fee for our services is $7,102 as further described in Table
1 (attached).
ASSUMPTIONS AND EXCLUSIONS
Any additional work requested beyond those described above will be billed in
accordance with our discounted fee schedule for the City of Menifee. Based on our
past experience with similar projects, we do not anticipate any batch plant inspection.
Since this is a City project (i.e., public funds are being used for construction), we will
provide our services and in accordance with the prevailing wage law of the State of
California. If requested, we will provide certified payroll records showing that we have
met the requirements of California Senate Bill 1999.
CLOSURE
If you have any questions regarding this proposal, or information that would change the
assumptions we have made, please contact Mr. Simon Saiid at 951.252.8013. We
appreciate this opportunity to present this proposal to City of Temecula, Department of
Public Works, and look forward to working with you on this project.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
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• r �
Simon I. Saiid, PE, GE Robert F. Riha, CEG
Principal Engineer Senior Principal Geologist
Attachments: TABLE 1 —Breakdown of Estimated Fees for Materials Testing Services
Distribution: (1) Addressee(via email)
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401
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Leighton
Al TE13-002
TABLE 1 •Breakdown of Estimated Fees for Materials Testing Services
City of Menifee 2012 Slurry Seal Project,Phase I
Task Description Number of Noofhrs Rate' MKI Cost A-Field Observation and Testing during construction
o Slurry Seal sampling 10 trips 4/trip $ 86 $ 3,440
o Vehicle/equipment usage 10 trips 4/trip $ 13 $ 520
Sub Total(Task A) $ 3,960
Task B.Laboratory Testing - Rate Cost
AC Quality Test 1 tests $195 $ 195
AC Max Density 1 tests $125 $ 125
Slurry-wet track abrasion 2 tests $110 1.2 $ 264
Slurry-consistency 2 tests $ 55 1.2 $ 132
Slurry-extraction 2 tests $ 155 1.2 $ 372
Slurry-Water content 2 tests $ 60 1.2 $ 144
Pick up/Delivery 2 tests $ 80 $ 160
80 Tom(Task 6 $ 1,392
Task C.Geotechnical Consultation and office support
Test Results Report/OA 1 LS 750 $ 750
Project Management,Field Coordination,and Administrative Services 1 LS 1000 $ 11000
Sub Total Task C $ 1,750
Total Estimated Cost(A+B+C)= $ 7,102
Nete:
The above cost is estimated based on ourdiscounted fee schedule for this pmiect. No charge formileaoe or charge or travel time