2013/06/05 Harris and Associates, Inc. FY14 pavement management PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT for Professional Services ("Agreement') is made this 5th day of
June, 2013 by and between the CITY OF MENIFEE ("City") and Harris & Associates
("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 June 5,
2013 and shall end June 5, 2014 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 twenty five thousand dollars ($25,000.00) 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
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specified herein. 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.
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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 Commercial General
Automobile Liability Insurance.
4.1.1 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.
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4.1.2 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.
4.1.3 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.
4.2 All Policies Requirements.
4.2.1 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.
4.2.2 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:
(Harris & Associates). 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.
4.2.3 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.
4.2.4 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
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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.
4.2.5 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.
4.2.6 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.
4.2.7 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.
4.3 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.
(a) Indemnification for Professional Liability. Where the law establishes a professional
standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant
shall indemnify, protect, defend and hold harmless any and all losses, liabilities, damages, costs
and expenses, including attorney's fees and costs to the extent same are caused in whole or in
part by any negligent or wrongful act, material error or omission of Consultant, its officers,
agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the
legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance
of professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless the City of Menifee, and any and all of its employees, officials
and agents from and against any liability(including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind including attorneys fees and costs, court costs, interest, defense costs, and expert
witness fees), where the same arise out of or are in any way attributable to the performance of
this Agreement by Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or sub-contractors of Consultant.
(c) Limitation of Indemnification. Notwithstanding any provision of this Section 5,
Indemnification to the contrary, design professionals are required to defend and indemnify the
City of Menifee only to the extent permitted by Civil Code Section 2782.8, which limits the
liability of a design professional to claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the design professional. The
term "design professional" as defined in Section 2782.8, is limited to licensed architects,
licensed landscape architects, registered professional engineers, professional land surveyors,
and the business entities that offer such services in accordance with the applicable provisions of
the California Business and Professions Code.
(b)The provisions of this section do not apply to claims occurring as a result of City's
sole or active negligence. The provisions of this section shall not release City from liability
arising from gross negligence or willful acts or omissions of City or any and all of its officials,
employees and agents.
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
Professional Services Agreement with Hams&Associates. 6 of 12
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
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.
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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 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.
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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 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 Amad Qattan.
10.7 City Contract Administration. This Agreement shall be administered by
a City Employee, Jonathan G. Smith ("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:
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Harris &Associates
34 Executive Park
Suite 150
Irvine, CA 92614
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 Eff t' a Date.
CITY OF MENIFEE CON NT
Robert A. Jo l son, Interim City Manager . Gerges, P.E.
Vice President
Attest: n ,
�4t//1�f /,Cas7
Katy Bennett, City Clerk Randall Berry, Design Manag
Approved as to Form:
�(Juli ayward-B' gs, M fforney
Professional Services Agreement with Hams&Associates. 11 of 12
EXHIBIT A
SCOPE OF WORK
See attached proposal dated May 28, 2013.
Professional Services Agreement with Harris&Associates. 12 of 12
Harris & Associates,.
Shaping the Future,One Project of o Time sm
May 28, 2013
Jonathan Smith, P.E.
Acting Director of Public Works/Engineering
City of Menifee
29714 Haun Road
Menifee, CA 92586
Subject: Proposal for Pavement Management Program(PMP) Update
Dear Jonathan:
Harris & Associates appreciates the opportunity to present this proposal for additional services
related to the Citywide Pavement Management Program(PMP)update
In May of 2011 Harris and Associates entered into agreement with the City of Menifee to
provide engineering design services for the implementation of a Citywide Pavement
Management Program (PMP). The scope of work for the project included: performing a
condition assessment for each street; calculate a rating or pavement condition index (PCI) for
each street using the MircoPaver software program; develop a citywide map showing the current
pavement condition (PCI) per street; develop a pavement rehabilitation strategy based on
traditional rehabilitation methods (Slurry Seals /Overlays); produce four different budget
scenarios based on a ten year work program, and produce a formal report summarizing all
findings. The existing report is fairly general and provides a network level analysis of the City's
existing system and is intended to be used for planning and budgeting.
The City is now interested in updating the report to include more specific details and additional
planning and funding options. Specifically, the City wishes to separate the condition data and
budget and planning information into (4) four existing Council districts. The intent is to provide
a program that will provide some rehabilitation treatments annually within each Council district
while at the same time meeting the overall citywide roadway infrastructure maintenance needs.
The Harris and Associates team met with the City to gain a clear understanding of the goals of
the PMP update. Based on discussions with City staff and our understanding of the project, the
following represents the proposed scope of services for the requested update:
Task 1 - Update Treatment Histories
In this task the Harris team will review and update all maintenance and rehabilitation activities
performed by the City since the last PMP update (2011). The City will assist in this task by
providing lists of all streets reconstructed, overlaid or slurry sealed since the last update.
34 Executive Park,Suite 150 Irvine,CA 92614-4705 949.655.3900 f.949.655.3995 irvine@hares-assoc.com
City of Menifee May 28, 2013
Proposal for Pavement Management Program Update Page 2 of 4
Task 2—Update Existing Data and Pavement Condition Index(PCI)
It has been a couple of years since the initial pavement condition assessments were performed
and during that time the existing pavement continues to deteriorate and change. In this Task the
pavement condition index (PCI) will be adjusted to better reflect existing conditions. Standard
pavement deterioration curves will be used to update the PCI to more accurately reflect current
conditions. Any newly constructed streets will also be added to the database. Once the existing
data has been updated, an average weighted PCI will be re-calculated for the entire City.
Task-3 -Refine Pavement Rehabilitation Strategies
The current PMP report provides treatment recommendations primarily based on the PCI,
focusing treatment on street that are near the critical PCI range of 50 to 60 in an attempt to slow
their deterioration and prevent more costly treatments in the future. The selection of streets is
not dependent on the geographical location of the street. Pavement Rehabilitation strategies will
be developed based on road classification, type of surface and specific needs of the City. The
task will deliver recommended strategies that are based upon the selection of appropriate
activities, unit costs, and life cycles for the City. Scope include one meeting to discuss the
pavement rehabilitation strategies.
Task 4: Develop 5-Year Capital Improvement Plan
Once the repair/rehabilitation strategies have been updated, Harris will identify the
recommended maintenance and rehabilitation projects for all streets over a 5-year period. The
recommended projects would be identified on the basis of several criteria: cost/benefit analysis,
present pavement conditions, Council District, current and unconstrained funding levels, future
maintenance needs based on projected deterioration rates, and desired levels of service.
The primary emphasis of this task is to maximize the programming of street maintenance
projects using cost-effective maintenance strategies, and taking into account a life cycle cost
analysis of each strategy recommended. Following this analysis, project lists would be generated
for four(4) funding levels:
Zero Funding Level/Deferred Maintenance
City's Current Projected Funding Level
Funding to maintain Current PCI.
Funding to Raise PCI to (City provided target)
In this way, if available funding is less than required for completion of recommended projects
within a given year, it will be easy to determine which projects can be deferred with the least
impact on current pavement conditions and future rehabilitation costs, in addition to showing the
total backlog of street maintenance work.
The funding scenarios will be rerun once (1)based on the City's comments on the Draft Report.
M
=Harris &Associates
City of Menifee May 28, 2013
Proposal for Pavement Management Program Update Page 3 of 4
Task 5: Maps and Exhibits
Once the data updates, rehabilitation strategies and work programs have been developed, and
agreed upon, up to (2) two maps will be developed to illustrate the results. Maps by 36x48
format and will include a current Pavement Condition Index(PCI) map showing the current PCI
range for each street in the system. The PCI map will be edited from the existing PCI map
provided in the old report and will include the addition of the four Council district boundaries.
The other proposed map will showing the preferred 5 year maintenance program developed in
Task 4. The maintenance program map will show streets to receive treatments in colors
corresponding to the treatment year. Deliverables will include 36x48 maps and ACAD files.
Task 6: Final Report
Hams will update the executive summary existing PMP report to summarize: the assessment and
evaluation results, and present condition (PCI) of streets, rehabilitation and maintenance
strategies proposed, maps and exhibits, budget scenarios for up to four funding options all
supporting data. Harris will also update the conclusions and recommendations within the
executive summary.
The report will be prepared in a format that will utilize the information gathered and analyses
performed by Harris during the course of the project. The report will provide the City with
information on:
• Current pavement conditions shown in tabular format (best to worst condition) and
graphical format for all street classifications and surface types, in order to establish user-
benefit relationships
• Recommended maintenance and rehabilitation strategies
• Project schedules and associated budgets (i.e., adjusted for inflation within the software
based on user selected inflation factors) for the entire network, as well as each Council
district and street segment, for each fiscal year over the five year period
• An analysis that allows the City to measure and understand the impact on and cost of
deferred maintenance for the City street network
Deliverable: Pavement Management Report(1 hard copy, 1 electronic copy)
Micro PAVER pavement data on CD-ROM
City Responsibilities
Provide access to historical budgets, work reports, bid sheets, and unit costs related to pavement
maintenance within City.
Provide an GIS data available for map generation
Schedule
=Barris&Associates
City of Menifee May 28, 2013
Proposal for Pavement Management Program Update Page 4 of 4
Based on our experience and existing data we feel the project can be executes within a six weeks
from the formal notice to proceed.
Costs/Fee Schedule
Harris & Associates proposes to provide services for the PMP update for the total not-to-exceed
fees presented below for your information and use in evaluating this proposal, with the
individual estimations being approximate and the bottom line number being fixed. These fees
should be considered as a negotiable offer. We would also be happy to discuss the fees and their
association to our proposed scope of work and make revisions where mutually agreeable.
QC Project Engineering Total by
Description Manager Manager Technician Task
$200/M $175/ltt $80/1tt
Task I Update Treatment Histories 2 8 $990
Task 2 Update E)dsfing Data and Pavement Condition Index PC 4 16 $1 980
Task 3 Refine Pavement Rehabilitation Strategies 2 32 $2 910
Task 4 Develop 5-Year Capital Improvement Plan 1 8 32 $4,160
Task5 Maps and ExIdbits 1 2 24 $2470
Task 6 Final Report 2 4 16 1 $2,380
Total Hours per Staff 4 22 128
Total for Pavement Management System $8001 S3,8501 S10,2401 $1,4890
Totat LunW Sum Not-to-Exceed Cost $14,890
Harris will submit invoices for work completed in the previous billing cycle. The City will pay
undisputed invoice amounts within thirty (30) days of the invoice date. Harris reserves the right
to negotiate mutually acceptable contract language.
Sincerely,
Harris & Associates
fiG14
Ehab S. Gerges, P.E. Randall Bliss, P.E.
Vice President. Senior Project Manger
MHarris&Associates