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2019/09/18 Rick Engineering Company Engineering Dept: Master Drain PlanCITY OF MENIFEE PROFESSIONAL SERVICES ACREEMENT MENIFEE ENGINEERING DEPARTMENT: MASTER DRAINAGE PLAN THIS PROFESSIONAL SERVICES AGREEMENT ("Ageement") is made and effective this f{'lLday cfn^l'. .2019 ("Effective Date") by and between the CITY OF MENIFEE, a Califomia municipal corporation, ("City') and RICK ENGINEERINC COMPANY, a California Corporation ("Consultant"). City and Consultant may sometimes herein be referred to individually as a "Party" and collectively as the "Parties." SECTION I. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope ofServices, attached hereto as Exhibit A and incorporated herein by this reference (the "Services"). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event ofa conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail. 1.1 Term of Services. The term ofthis Agreement shall begin on September f8,2019 and shall end on March 18, 2021 unless the term of this 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 City's right to terminate this Agreement, as provided for in Section 8. 1.2 Standard ofPerformance. Consultant represents and warrants that Consultant is a provider offirst class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the 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 Administmtor. 1.3 Assignment of Personlgl. Consultant shall assi gn only competent personnel to perform the Services pursuant to Agreement. In the event thal City, in its sole discretion, at any time during the term ofthis Agreement, desires the reassignment ofany such persons, Consultant shall, immediately upon receiving notice fiom City ofsuch desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obl'igations hereunder. 1.5 Authorization to Perform Servic . Consultant is not authorized to pcrform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 167 t/01Il5E 0001 76101?6.1 a08/17l19 SECTION 2. COMPENSATION. 2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred pnor to the invoice date. Invoices shalI contain the following information: a. Serial identifications ofprogress bills; i.e., Progtess Bill No. I for the first invoice, etc.; b. The beginning and ending dates ofthe billing period; c. A "Task Summary" containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion; d. At City's option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense; e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; Receipts for expenses to be reimbursed; The Consultant Representative's signature. Invoices shall be submitted to: City of Menifee Attn: Accounts Payable 29844 Haun Road Menifee, CA 92586 f. e 2671/03lE5ti-0001 7610176 2 aOAnT/19 _)_ City hereby agrees to pay Consultant a sum not to exceed FOUR HUNDRED THIRTY NINE THOUSAND THREE HUNDRED TEN DOLLARS AND ZERO CENTS ($439,310,00) not withstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event ofa conflict between this Agreement and Exhibit A, regarding the amount ofcompensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The pal.rnents specified below shall be the only payments fiom City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. 2.2 Monthlv Pavment. Ci ty shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt ofan invoice that complies with all ofthe requirements above to pay Consultant. 2.3 Final Payment. Ci ty shall pay the last ten percent (10%) of the total amount due pursuant to this Agreement within sixty (60) days after completion ofthe Services and submittal to City ofa final invoice, if all ofthe Services required have been satisfactorily performed. 2.4 Total Pa.rrrnent. City shall not pay any additional sum for any expense or cost whalsoever incurred by Consultant in rendering the 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 entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice. 2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shoum on the fee schedule included with Exhibit A 2.6 Reimbursable Expenses. Reimbursable ex penses are included within the maximum amounl of this Agreement 2.7 Payment of Taxes. Consultant is solel y responsible for the payment of employment taxes incurred under this Agteement and any federal or state taxes. 2.8 Pa\.rnent uDon Termination. In the event that Ci ty or Consultant terminates this Agreement pursuant to Section 8, City shalt compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. SECTTON 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 City. The location, quantity, and time of fumishing those facilities shall be in the sole discretion of City. In no event shall City be required to fumish 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. -J-26?l/031858-0001 7610376.1 a0a27lt9 SECTION 4. INSURANCEREQUIREMENTS. Before beginning any work under this Ageement, 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 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 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 thereofto City. Verification ofthe 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 C'ity and other Insureds. a. 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 Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggegate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations ag$egate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services 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 therefiom, and damage to property resulting from the Services contemplated under this Agreement, including the use ofhired, owned, and non-owned automobiles. b. Minimum ofcovera oe . Commercial general coverage shall be at leasl as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 26?r/03 r 858-0001 7630376 2 !08/2?/19 -4- 4.1 Workers' Comoensation. 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 pursuant to the provisions ofthe California Labor Code. Statutory Workers' Compensation lnsurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($ I ,000,000.00) per accident, ONE MILLION DOLLARS ($ I ,000,000.00) disease per employee, and 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 ifthe program of self-insurance complies fully with the provisions of the Califomia Labor Code. Determination of whether a self-insurance program meets the standards ofthe California Labor Code shall be solely in the discretion ofthe Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising fiom the Services performed under this Agreement. 4.2 Commercial General and Automobile Liabilitv Insurance. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the followin g 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. a. General requirements. Consultan t, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services 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 be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City. b. Claims-m 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 Services. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (l) renewal ofthe existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencemenl of the Services under this Agreement. City shall have the right to exercise, at Consultant's sole cost and expense, any extended reporting provisions ofthe policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement. 267 t/011858-0001 1610176 ? rOC/27119 -5- 4.3 ProfessionalLiabililvlnsurance. 4.4 All Policies Requirements. a. Acceptabilitv 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 Califomia. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall fumish City with Certificates of lnsurance, additional insured endorsement or policy language gmnting additional insured status complete certified copies ofall 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: MENIFEE ENGINEERING DEPARTMENT: MASTER DRAINAGE PLAN. ThC NAMC ANd address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out ofongoing and completed operations by or on behalfof Consultant. c. Notice of Reductio n in or Cancellation of Coveraqe. Consultant shall provide written notice to City within ten (10) working days if: (l) any of the required insurance policies is terminated; (2) the limits ofany ofthe required polices are reduced; or (3) the deductible or self-insured retention is increased. d. Additional insuredl orimarv 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 the Services 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 Consultant in the course of providing the 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 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 City. Additional insured status shall continue for one ( I ) year after the expiration or termination of this Ageement or completion of the Services. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respecl to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. c.Deductibles and Self-insured Rclcntions . Consultant shall obtain thc written approval of City for the self-insured retentions and deductib'les before beginning any ofthe Services. During the term of this Agreement, only upon the prior express written authorization of the 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 2671/031E58-0001 1630116.2 ^Oat21t19 -6 retention levels with a requirement that Consultant procure a bond guaranteeing payrnent oflosses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish sepamte certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms ofsuch insurance are either not commercially available, or that City's interests are otherwise fully protected. a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. 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 SECTION 5. INDEMNIFICATION. 5.1 Indemnification for Pro fe SSlON al Liabilitv . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnifo, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties ofany kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense lor City, the legal costs of counsel retained by City) and any judgment (collectively, "Claims") to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontraclors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance ofprofessional services under this Agreement. 7 4.5 Remedies. In addition to any other remedies at law or equity 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 altematives to other remedies City may have and are not the exclusive remedy for Consultant's breach: c.Terminate this A$eement. 5.2 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 (with counsel selected by City), and hold harmless City, and any and 267tl03lE5E-0001 7630316.2 a08/27119 5.4 claims occu shall not rel City or any all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legalty liable, including but not limited to officers, agents, employees or subcontractors of Consultant. 5.3 Limitation of Indemnification for Design Professionals. Notwithstandin g any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term "desigr professional" as defined in Section 2782.8, ts limited to licensed architects, licensed landscape architects, registered professional engineers, professional land suweyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. Lim itation of Indemnification The provisions of this Section 5 do not apply to rring as a resuft of City's sole or active negligence. The provisions of this Section 5 ease City fiom liability arising from gross negligence or willful acts or omissions of and all of its officers, officials, employees, and agents acting in an official capacity. SECTION 6, STATUS OF CONSULTANT. SECTION 7. LEGAL REQUIREMENTS. 7 .l Govemins Law. The laws of the State of California shall 267rl03t858-000t 1630316-2 alalz1/19 -8- govem this Agreement. 6.1 Indeoendent Contractor. At all times during the term ofthis 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 the Services rendered pursuant to this Agreement and assig-nment ofpersonnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. 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 A$eement shall not qualifl, 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. 7 .2 Compliance with Apolicable 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 City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director oflnduslrial Relations ofthe State of Califomia, will be the minimum paid to all laborers, including Consultant's employee and subcontractors. It is understood that it is the responsibility ofConsultant to determine the correct sca'le. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations ("DIR) pursuant to California Public Utilities Code, Sections 465,466, and 467 by calling 415-703-4774. Appropriate records demonstrating compl'iance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City's request. Consultant shall indemnifu, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attomeys' fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services ofany applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation ofSection l78l of the Labor Code, as the same may be amended fiom time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 178 I , as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks ofpayment or non-payment ofprevailing wages under Califomia law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. 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, and subcontractorc shall, at their sole cost and expense, keep in effect at all times during the term of 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 oblain 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 notifi cation to Consultant. 8.2 Termination by Consultant. Consultant ma written notice to City. 267tl031858-0001 16301762 a0aD1/19 -9- y cancel this Agreement upon 30 days' 8.3 Consequences of Termination. In the event of termination , Consultant shall be entitled to compensation for the Services performed up to the 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 City in connection with this Agreement. 8.4 Extension. City may, in its sole and exclus'ive 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. 8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.6 Assiqnment and Subc 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 A$eement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the perlormance contemplated and provided for herein, other than to the subcontractors noted in Consultant's proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. 8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Ageement. 8.8 Ootions uoon Breach by Consultant. Il Consultant materiall y breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following: a Immediately terminate this Agreement; b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a dilferent consultant to complete the Services described in Exhibit A; and/or d. Charge Consultant the difference between the cost to complete the Services 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 Services. 2671/031858-0001 -10- 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 City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this 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 City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant a$ee that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent ofboth Parties unless required by law. 9.2 Licensing of Intellectual Propertv. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modi$,, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents and Data"). Consultant shall require all subconhactors to agee in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 9.4 Inspection and Audit of Records. An y records or documents that Section 9.3 of this Ageement requires Consultant 10 maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Govemment Code Section 8546.7, ilthe amount ofpublic funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit ofthe State Auditor, at the request of City or as part of any audit of City, for a period ofthree (3) years after final payment under this Agreement. -ll-2671l031858-0001 7610376.2 a08/27l19 9.3 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books ofaccount, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, fiom the date offinal payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. SECTIONIO, MISCELLANEOUSPROVISIONS. 10.2 Applicable Law: Venue. The intemal laws of the State of California shall govern the interpretation and enforcement of this Agreement. 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 any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. r 0.4 ction Headi ng s and Subheadines The section headings and subheadingsSe contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver ofany other breach ofthat term or any other term of this Agreement. I 0.6 Successors and Assisns. The provisions ofthis Agreement shall inure to the benefit ofand shall apply to and bind the successors and assigns of the Parties. 10.7 Consultant Reoresentative. All matlers under this Agreement shall be handled for Consultant by Carson P. Edgington PE ("Consultant's Representative"). The Consultant's Representative shall have full authority to represent and act on behalfofConsultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques. sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 10.8 City Contract Administration. This Agreement shall be administered by a City employee, Carlos Geronimo, Sr. Civil Engineer ("Contract Administrator"). All correspondence shall be directed to or through the Confiact Administrator or his designee. The Contract Administrator shall have the power to act on behalfofCity for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee. 10.9 Notices. Any written notice to Consullant shall be sent to: 2671l03r 858-0001 1630376-2 a08l27t19 -12- l0.l Attomeys' Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision ofthis Agreement, the prevailing Party shall be entitled to reasonable attomeys'fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attomeys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number ofhours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose. Any written notice to City shall be sent to the Contract Administrator at: City of Menifee 29844 Haun Road Menifee. CA 92586 Attn: Carlos Geronimo, Sr. Civil Engineer with a copy to: City Clerk City of Menifee 29844 Haun Road Menifee, CA 92586 10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page ofa technical report, first page ofdesign specifications, and each page of construction drawings shall be stamped,isealed and sigred by the licensed professional responsible for the reporVdesign 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/desi gn responsibi lity. l0.ll Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies ofthe Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or diflerent times, ofany other rights or remedies for the same default or any other default by the olher Party. I 0.1 2 Integration. This Agreemenl, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integated agreement between City and Consultant and supcrscdes all pnor negotiations. representations. or agrecmenls. eithcr writlen or oral. The terms of this Agreement shall be construed in accordance with the meaning ol the language used and shall not be construed for or against either Party by reason of the authorship oi this Agreement or any other rule of construction which might otherwise apply. 10.13 Countemarts. This Agreement may be executed in multiple counterparts, each of which sha'll be an original and all of which together shall constitute one agreement. 2671l01I858-0001 7630176.2 n08121/19 -13- RICK ENGINEERING COMPANY Attn: Carsot**dgi*gtort*F Srendan H^S{,. l? 6 5620 Friars Road San Diego, CA 92110-2596 I 0. l4 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. I 0. I 5 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance ofthis Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10.16 No Third Partv Beneficiaries. With the exception olthe specific provisions set forth in this Agreement. there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event ofany default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach ofany obligation ofthe terms of this Ageement. 10.18 Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensat'ion, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. '10.19 No Benefit to Arise to City Emoloyees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one ( I ) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be perlormed under this Agreement. ISignatures on Following Page] 2671/03 t858-000r 76103?6.2 a08/2?/t9 -14- IN WITNESS WHEREOF. the Parties hereto have executed and entered into this Agreement as of the Eflfective Date. CITY OF MENIFEE CONSULTANT Qr Bilt Attest: A.M App as to Form: elching, Ci omey City Cl B.en ot qS cr"k Pcia.,p^l a..1nC Ja,Tr (^)&ss*,c,k Pna'iol [Corporation must have two signatures]J 2671l031858,0001 7630376.2 a08/27l19 -15- ,/VX zinmefifn,Stor EXHIBIT A SCOPE OF SERVICES 2671/03 r858-000r 1630316.2 a0al27 t 19 EXHIBIT A .1L3! -it.I' i a I ! !l!t5z ui E +BiEE1b6 3!t(OEE I E { l: !! : i i I,>t -3 It: is,! li -1t- l5 r f I i, .--g---c-.<;;:'F:; SS t *S E E S E Si;i S::: E 6- : ; : : ; = > > i;> G i ;r ! ni n t n t n ;_ i f t i E ! F: E: i l: t E; r Ei E I i c i I -- a e e j * R I t 3 q I e a 9 9; ae 3 r B: e 9: t? t a Er !! I: I 2 1i-E-:! E Eiirr iisEEir i' iiirsiisiiiiisiiiiiiiti'iir !ia V O & 267tl03t8J8-000r 76303?6.2 a082?/19 I lt,.- i ;ii til trn 1,,,r, MENIFEE New. Better. Besi. (PLEASE READ AND ^.IARK EACH CHECKBOX CONFIR}T AKNOWLEDGETTENT AND AGREEANCE WITH THE INDICATED STATEMENTS) tr The Propoial Cost provided reflect5 atl po$ible direct rnd lndlreat cosB, tr.vel, iniurance, overheld, labor, profit, rebatet, conHngent commlrsiona, renew.l commirsloni, seryke fee5, and any othaf axpensa,.. El nre Proposrt proyided reflects .ny .dditiondl addendum(i) irsued with resp€(t to thig RFp. El A,ty signature certifie6 tirt thii ftrln hai no buslnesl or pe6on.l relltio.lshipr with any othe. companle5 or peEon that could be considered a confllct of intereit, or potentlal conflict of interest to the City of Menlf€e, pertatntn3 to any ind all work o. !€rvi@3 to be perlormed ar a result arf thig requ6t .nd .ny resultinl Agreement/Contrrct with the City. ACCEFTANCE OF PROPOSID AGREEMENT/(ONTRACT E Subrtttol of thi, proposal indi<ates we have reviewed the proposed wrifteo agre€ment (Erhibit A) and if relected would ac.ept all termi of the proposed agreement. Proposer, in submittin[ a response to this RFP, wa.ranB that it has full power and authority to cornply wlth the requirements specified herein and will hold the Clty h.rhlesi from and atainst any and all lois, cost, liability, .nd expeme (tncluding reasonable attorney feei) arising out of.ny breach of thi5 warranty. Rick Enqineerinq Companv tr Comp.ny N.me 5620 Friars Road Address San Dieoo CA 92114 Clty t 619 \ 291-O?O7 State Zip Code t 619 t291-4'l Telephone Number Company Type: E Corporation tr Partnershlp E Trust/Estate tr lndividuat/Sote Pr@rietor or single menber LLC E Other: Signed By Brendan Hastie. PE. LEED AP D Limited Liabitity Company (LLC) Fax Number Associate Principal Print Name 2671/0llE5E-000r 7630376.2 do8l27 t19 -3 8,,*4/*- Tltle t I i It : i I !irlri ti !i rl :i ri it i!.IIt!ri ! I I i : I T. it iI 3 I ii:lri I I sun,i L ! &. h 'e .rEn- r ri h, pdd p6rdeib !r tt,MENIFEE EES 267t/01ll58-0001 16JO)76.2 n0at?1/19 -4- t I + I.l ,) ll I J.- I I lr, I J I I I ll I RICK Hourlt Rrtes - Crlifornir Officcr Srlr.nb.r l.20ltl - Ar*un.]1.2020 Prin.ipil ('65!ltrnr lsF{ill Prujcct.).. .s:|r.(x, .. ........24J.rX) PnnciFsl $rl., Rc$'rrc.s D6tgn.r... ............................... S1t0.0O Asvlci.l. w'l.i Rcsour.es Ir.siAnc, ................--....-...........----.- I30.m srisrr Wrt r Rcsour.cs t)cri8ocr....................................... I 15.00 PnDcipd...-..........-.... ,,\sociak Prinliprl. . . . .2101x) 2t5.00 4{'O 00Ixpc.r Wi$ars Cosn ApFn Er p.r h!ll-d!) or p!n. - lh&tor orL{ltd Dcvclopmc .-.... ..-.. ... .......- hinc'pd Poi.cr rrgiae. ratlllrr ... .. ... A\yErat. Pro.iet [nginc.rfi.or8cr--...... - ... .. Assislt Prci.cl ligirc.rlM&l.rd......-... - .. .... lino0d buir.r.ina Ucri$Er A.rr{l.irtc f nsincqing lxiall. .',-, ,-,,, t2l0.u, .,',,,,.'..' 190'm .... . .... t?5.00.. .__ t60.00 .,'',,,,,. 140.00 ............ t30.u, . .......-- | l5.ur CIS Minrylr .......... .......... .. f rrn.iptt CIS Prcjccr Mams.r.. .dlyridc (ils PmJ.d Mlnrgcr . . Assi$ur CIS Proj.cl M.nlrs . Princinal CIS Arllyn... . ........... As$.i c GIS AulFr .... ... ..... . ,A.!5isail (ilS Arul){............-.. . .5lti.LNl I,6{r{1 00 !i0 00 I:5.00 Itt5.0o l2!.fir I tt.0(, t05 tu J Ur I10.fi) 9:.0r) t7r.00 tJ(.00 t 30.(x) t20 m Itrtrcit l (iaphir\ D,csiSncr A\\Brarn lJr_r.ln.sh8 l).vtner . Arv{irl( &!.nn&on T.dn,ciar, /\sslnanl arnnr!.r,on l!.hnicis .... -.. . . ..... .\ssrialc (;a i.r Dc$t.cr As$isu.t Gr.ph r.s D.siSn.r. rlAl) V$n!cr. . ... ..Prin.irrl !:n8iD.ring Dnn r ..-......,......................................... I l0.m Ars{l.icr. fns,n..rine Dr.tu ... ... .... ...... l00.ll0 tusirtar Enginainf Drlnor ... .... .....-.. . .. . ... ... . ..... .-- .. . $.00 Principd Consiuctirn lir8is.rr^trna*(,............. As$(iri. ConnFll'u. Lr8ttr(tr^li!28rr ... .. A\iirLnt C(,Nt uclni [n8in.cr{t(mqu. . . Prin.iIEl ('onsrildi.n T.chnici.n ........ ....... . ... On.-pcN. Sor.t Par_\' -... on*rcNn Sur.y Prm $irh Rohodcs... lrerEAon survc) PatR-n'r6.F,!on surlc\ Puq . ..... . ...... .. . . ll9r 1.r0 ' ,,' ' ill)({) lq0(x) ' ,,' ,,,',':21i0{) . tri 00 A!$\utrr tfr llg \..nnmt Prcla.l Mcl.icr .... .. . . . . figo.rx) . ..-. | 7-< (i) .. .-. 160.m .... tt0.m . . .. 110.00 ._. ... I lJ.@ lf, t.F.r sc.nnint crclr (On -l'cr'on)... tD Lr-scr Scaroins Crrw (Two I'.l1m) . t220.u) ..260.00 Iflnlitll 3D Lrs.r sernning Pmltd M.nr8.r.. Arsoci&rc lD l-asa Sc.nnrnr Proj.cl Manog.r . . ......-.... itEo {xr. .... los.fit Snktr'l rurspondion l 6mc Dngircs..... -..... ... .... .. ... ... . 5200 0O hinciprl lrrnsglrr.rioll,/lrllfi. E gii.$... ......................... 19000 l*rat! l-E{xlndion/Trtfrr. Dngm..r...-. .... ... .... ..._. ._. t 7J.00 ArsirEfi T Np(trrdior,'l'lffE freiitc...... .. . ..... .. . . ... -- t(O.00 pnncipd T.rrspon0ri@/L.fic Drsigler..... ............ .... ...... . 140.00 As$ci.r. Tnmsronariotr IBrIi. D6isn.r... -. .. . . ... ........ t30.m Arlisl8rl Tr&lrondioorlntth D!3rso.r. .. .. .. ... .- It5.U0 Principd lD lrscr S$nnin! Sp€crdist. . A$Gillc J!) l"r51r $.nnrot Speralin ... A$isla lD L!!.r lirnnjng SFcirL\1. .. Itinsip{l JD Ln5(r Sclnrint 'lEh$'.ian. . Asii!!,r!k lD l$.r S{.nning Tcchni.ion. Aisi$lunl lD l"rscr ric$nin8 lc.hnician. lt0.ftl . . I l0.ul Ii rrr r.in(ipd lhjlll P'ara/r,hno8.r -.--.....- .. .. AjsBirr. I'rojcd Pl.m.r,,lrlah.6<i-....-......... ... ..-. -... t90.ut .,'.,,,..',,,... l?5,u| .... ... . t5J_m Plmlo8rlmnl.tD. Sup.rvlsor.. Ptuciprl Phototrrnnl.1rir!... Ass()cisr{ l'ho$SrrmnErris .ArsocirE PhEl. ... rrsislxnt Pbrh{. .. . ... l'lalninr llroician ....t1E0.00 . .....12500 ...-...110.00.-. tro m ...._ 0.(u A$rirrnl Pholotrrmm.rhst . .. ... ,..', ',,,'',',' lul'{,o $190-ix) '.... .-...- 1,100 ........,.._ r 35.0{ .,.'..,,,..,11,.00 A!$cirrc }lojd Admini$rror............................................175.0O Admirirrdirt Atriihnr.......... ...............'',,,?0,00 Irrntcipal Lind:ic!I,. Archit.o ..... .... ..-...... .. . .. ...... . .... .. .. g2!0.m Prin.iinl Pi('.i..1l.!ldxnpt An:hiur,t{rru*w -... .. ..- ... 180.@ An(rru. Pmjc.t lodlc$c tuchira.r1\trr.r.t .. ............ .. I J5.Ul Aasir6n{ Pmilll l^r l$.0c Archik r{td:.*cr... ... ..... ........ 120-00 Ptinqpil l,nls.+c/trrhm rrcrigrkr.-...,....... .....,.........-... llofi) AilR---.i.l! lsdj..ry.rl/rtr, tr.rernr. .... ..-. ... .. .... .... ...... 105 0O Arrirunt arndtcrliltrrbri D€{igrlu -... ... , .- . . , .- ,,.. 9J.00 (loniputing & llapt inE t)irccror PrindprL S!.vo'Ambri... . ..... Alv*irlt Suilcl Ansl)'n . .... AJsrstdll Sun!} Andl)\1. . .... Prilhryd En*onmdrtd l!.ojcd Msnlglr...- .-. ... .... ... ...... t l7J.o0 As-.ojiale [trvironmrntrl Plojcd [tmr8.r......... . ............_...... lJJ.00 Arristom lin\,ir'nfial'l Plr)i6( Motl'glr.-.-.. ....... ...- ... ....... 115.00 Prin.lpd Etrrimnn.ntd SF.ralist.... ...-. ,.- ... .. .. ......... t2000 A\socirlc Dnvirond.rull Spccialis .. -..,. ..............-..... . .......... tl5.m ,1"1lisulll f.niim i.rrlrl Sl'lcirlill ..-. .... ..--'' --. ... .. ......... l lO 00 tnrilsnmslt!: I'crhicon . -. . .90-00 Rd6 {brrq !o clur8. lu Pla-alm* e.€i q.,6!rt w)Bt e0bxr':d, tu l'm sh.tl b. cn!r8.! d 1lr l'.lcd rfist trfur I l t hLa' olh(ei* qr..r, n ot. e. indl chaA. ir trinlIS. rqfinluri4n, .tcl,El6. 'finiFri rm. .ld dlr.r crr^.jB A [a r l0] r.rE i€ f( rd66l.mxe .irar{n,en md hd!|,trt trrl tE lrld.d u' dl stf,6LL1.d s(a ?67tl011858-000r 763037 6-2 aoAD7 tl9 -5- 3. D.t"it"d Work Plan & Tentative Project Schedule Project Understanding RICK has a long hi$ory o{ providing cliln?s with high qurlity design-r€ady master drainrg. planc, and lras experienca a€ro53 muldpl€ soltwarc plat{orms and drai^ag. cl#ign criteria We uhde.rland th.t evcry.lirnt's goals and dcsired outcorrEs are unique, and tre work closely whh the clieni to unde.nand and address coacerns and pro*ide gurdance on how to achieve the de3ired outcorne in a tirnely ard budgel-conscious manner The City o{ Menite€ is scekrng a hghly<lualificd profcssional .onsultant to develop a m.3t.( drainsge plan that vrill .ddr.ss both cxrsliog drstn.9. d.ficicncics and providr drainag. ,nd opcr.t;onll rc.ornnrrndltons to asd5t thc Crty rn proactively maint.inins thoir acc"lcratad relidcntirl and commercial grofih RICK ".ili providc thc City with !dv.nc.d 1'Dimengional/2-Dirnengio^61 modcl3 of erkting rnd r.commcnd.d cirrinlgc and d.tention faciiites utilizing s non' propriet ry pl.t{orm th€ City can oporate erthout purchasing a liccnrc The .esulting rscomm.ndations |.vlll be bundled and prioritired into CIP projEcts aad Frovided to th. Gry both o't a s-y€ar and 2o-y?ar implementation plan along w;th cost estirrates to assist the City n.{t with budgeting 'fhc.naster drainlg€ plan will be 3ummariEd ;n a wr;ten repo.l ard the resulta will be available on a user-friendly Gls-based n eb-opplicatron lor the Chy stafl to use wthout the need ,or additional rorhyare The lollowing oudines the scope o{ work and RICK's approach for workrng alongside City 3taJf lo .chiev. their magter drain.ge plan objcctrve3- A. Project Management Cao.&natbn with Aty ol Mcnilac steff will bc kcy in davclopirg a compbt M.stet O..inage Phn to .il.eet the City's p'ojact goals. M.etingt *il bc lo.oscd on delivery of data. .nd revbw by Aty neff to gtay on *hcdole .nd allow lor raguhr input on hott tl12 projea is dcveloping. Thc RICK Team will ,ttcnd ?hc following neettlgs widl Gly 'tafi: Klckoff Mredng abcut kno'".n llooC,r'q <n ftantd,an.c F,i oL,lL,n ) dredr. dn.J sF€.,I,a ,,eas r.:/ rterest to i's r<Jerrl lei an'i edd ".sse'J h ti''e ,,,astet tuantaire Pi.h Tcam Mredngc . R\:,,icr ol lli6ring str,rr dr,rill d!t,i.!rd sur.r'cfrrg ll!,ed1 . Rd,vl{w ol prahrnirJry hydraull( ll(,dqling rc1r,.rh$ & d(' ,-r{rt1 sv$1(]lns r R.,vi(,v,)l f)rrh Mtst r {)rDnl,r9+ Plrn 'eFrl ' tr| t,r :1 ,d.ltDn.{ lrlnondrlr lpam rire.trogs as l".ede.l to la.rlrlore pk,lq, I ,le,cbFrneol PuUlc Mcedng;. RICKsutt llrrcp6rc p,i {trt lrofi: and pr€.$firt at uE,lo tw, publr ni!,-.trrg' ' E dr fi..ting ;. rrtn r.d to b. .rp to tro loort widi afr iar( hdi frCX triCK lvill pnrvida ma!.ring 6g.nd!$ Frior to the teorn hoctings and mlating minutca to rh. Ci, ,,rithin five (5) hulinols day$ {or r6vi6w and coflcurronco. RICKwillrubmit monthly progrcrs memorandvms. rchad{rl! upd.t€3..nd involc6.3eh .rpnlh durmg whi.h th€ Tatk Ord.r ii active. The progresE repon will rnclude the reportmg p€riod. work complded in reporting p€riod, work andcipited ih upconing .cpoiring pe.iocl, .xp.ndituras arld cumulativc tot l, and rclcvant issuca or probl.tm6 €rlcounleted and how they r,,rrc rcgolvcd. klCK statl will war* c{osaly vrit}1 City stall to ensure 6pan comfiunicrtior, dirhtg thc tl ritio,. ol tltd praidcl. Wiokly intc.oal rtafr m..ctrrg3 wilt chrure thdt p.?'joct tod(! drc proceeding as s<h.dur"d to rne"t tha Crt! nee4l. Ouettion, equiing City input wi ba cootdinated in tadtato, to rDah.rin the projoct tchedulo. A/ro out oI scope wa* ,Nilt be peiormed witbout prior d,s.,,ts9joh and witren approtal {rom City stafl- DELIVEIAELE S:. Moeling r(x,rdr! rrxi rrre,rrrng rnrrxrtes {,n up !o 9 rrx,r.ti gr:. Monthly pr,+trrts nxrmor-;rrrjurnr airy cr Me.,le M..ts D,a,n.qe Plm iPtr'N, rfinie, 2671/03lll5E-0001 7630376.2 a0al21/19 -6- B. Data Collection and Compilation Exbdng Condhlon Rrvicw RICK trill ,cview th. ptavidad Arca baiaage Plans. Maner Orainage Plans, and suppl'ment l dat , tuch .s t*hnical studios/repotts, OTM, dighalbase map, FEtrlA inforna.;an//nrps, City's Cana al Plah, and tvailabb as. built d,ainzge drdwihgs. this will also include rcviewing this ioformation dhd working with the City to detethina likely deeelopment locations and prcviously planned or prcposed infrast ucture mplementation. Compile GIS Data RiCK will .oordinatc whh the City to obtain the latcn veisroi o{ all existinE digital 6lS data 6trtlined in the RFP ro rupp.rt the dovelopment of the Marter Drainage Pian. Gls D.tinrg. Ar..t lnv.rto.y ldentfy Critical Mlsdng and lncorrect Data RICK will review the data provrdad by the Cjtv and rdcntriy ony cn!'cal nriss,ng data rf the p,ovrde,l d.!a sets, ,n.igdrrig sr.e, ruteral, shdpr, ancl flow|ne elevar,cns ol prpes, culvcrtr an<l .hrnnel5 Also critrca ,i the sio'35e and ootlet .iiirg curws for :ry ,eg;onal d€renlion basins il applicable This ello,t will hcus on City owhecl and n."aintaine<:t &aizage inlft.ttudura inaloalihg pip".,3 tanging in size froh 12la 36 inch diamatet tar lnlge in specifrt situdtians), bax c.lvent, and tdcnti{y Mirlng lnfrastructure n,4:,t 1'l ir;t\ ,.\!,1't t lt,tr t' i. r S.,rr i-,.. r i,,.: S.,,. 1* tn. i ',. t1 Field Verl{ication it"ttltrtw't rl tir id.,!ttt t)t, t'.ni. l':rt: Compile and Horlzontally Corroct GIS Data r,<.Lr.-iij,r, 1.ri .r i;l\ i!'w..1 Hv,n,,l,rrrr arrrl l]v,l.,rIr 1,,1,r l{.1 lr.r rl(. 1:rIv 11,.,\(.,j.jL \, lr o,, llr l , . !lcrn llr;i'r,.,.ri lrrlr.rstrrrt,ft . {.:,ly1,ir.,n..,,rll'l.n, l.r,,lll.- il ltrLrllrnl.l,,i..,n,lrxJ,ivl-r.,r,r,i}ri . llvrl,r)1.!:I. \.nl lvt!i . l'.* rlrlR\ r,rll, lrrtnrl.rrr nrrii,r,r,l(1 li!,r, rrr...,tti.,r, rnl. i.nl!rra r-iv dtJ l(Ll (i&ijft ,.) llaod (eru!l lr,,ilrlr,rt. e.:po.rtr rrrrlyv.,.,1 .rly rf,rrrl J.'lrrrtrr,r' Jd r.-'rcr,trc.r' l.;rrr,' ' lv1!hi.trp.l !i t,. .rr- !,r.,i,n 1." c, \v!r.{" (bl|4),,ldr , ,"' tl,r.nrqln,irr r1*".:i.t hvlrolarr ;rl hr.n:r'rlr rnoddinrr Ar i' City o( M.rirc. M.rr.' O..;nrg. Pl.6 Grp,,l-, ,ot3 rn 2671/031858,0001 7610)162 aO8/27119 -7 E > Y ;I DELIVSiABLE. l"lirrrt,,d Cl! C. Existing Condition Hydrologic and Compile Hydrologi< Data and lnlet Delineations Hydraulic Analysis reirte sut :e tc exlslan(i tc existing Existing Condition 1Dl2D Hydrologic and Hydraulic Model inlerse(r rhe (leneral Pldn Lrn ve CDler Dd!a. nd USCS tils fff oa.h war..1h.'r'l !h , tl t,i RIC( will imr )ld {low a.ondhions and f,rovide vrsrsl lirrits .,f inundalKrr irouqheirr *e Cily. tjerauie there i e ,nuhipte Cisi$a,qe eD H&H lnund.tion M.pphg Algiond Uno A 1t/2D iua: *n,1 Paloma W:rr.rrl {\t\.ne the I'l tdA arill be modehd &orx the .!t{s{e areas r Be lor the rernaining sFlrn) to the out{ tMAWSI's willbe r:tili/ed.6 the tailwa bo modehJ llilizrnq lDr2D dualrjrairri W5['s,rill be ulil]red as the tJii*dter c( Ludas Frovidrnq dra,Da.Je ra.r)rnlnendatrons lor {r.rture ,ler rl lnowbdgri aid wsrkn)g cl.iely w(h rhe {:ity tq doterm :,D().J n tho rrcar {uurc: and enluhq lho exrstinq condil ,ion5 prouding cxistingrod futre hydrologrc routing t ,,wi$ln lhe Santa Ana Xiver 'fJarershed Thisw lbeone nta lubuaterlh"Cs as folkr,ns slnrl YJilI 111e erJ nr rs ',r llit,D'r\ nr(r1,1 r.,l( hrn,rrn1! t{, lh.3'r nlthe outlallat th€ re modets) hr(rr Ih€ rsrnarr)i|{) &lt C.fr tributaries xithin the City will be sub drv dcd into imdller lubwdterlt)eds and modeled as 1fl2D dual d!aoaga rnclvrjkrg the I IMA mappeil nrea$ up until ihen Lonllucn(e wrth Snlt Crcek (whorr tin ftMA \ArSf'! u,ill bir ulilircd 8$ tho tn:[.?rle. (r,ndrlionr lor fhcso modols). 267rl01r858-000r 1630376.2 ^OaD1 tl9 -8- r I F- FJ i ; \ mod€ls willbe $dsnded to a hydrau!call, appropriale bcaion outside ol lhe City's boundaries and ute noImal dopth oudelb as (he tellwald conditions. DEI.UERASLE:. H&H Modeling Resuhs fo. exrsthg aondirons €-year- I Gyear. looyea!). Ior City review and concurren@ D. Recommended lmprovements ldenti{y Deficiencies r,t " ldentif y Required Sizes {or Deficient and New Facilities '' ': , , ,''i Recommended Condition 1Dl2D Hydrologic and Hydraulic Model t-i.-.' ' Opinion of Probable Construction Cost ...4 . . ,: ' : Bundling and Prioriti:ation of Recommended lmprovements ...i I '':'l rr' '-:, :...1 '.,-ir, l. : l. ] .,, .ij,.]', l, '. .l: : . '',': OEJ.!VEI]ABLE5.. fr. -.' I :r r -,,' . : i.L rl RIC( ENGINEERING CO'IIPANY ! cty ol M.nile. ME1.. D'a,..g€ R&l llFt.ro 20ia ]t) R..-t6..# H'..rn,<irr. fo. ta.r D.v.loFn .rr 267tl011858,0001 16103761 a0a/21/19 -9- 7 \ L 10 E. ldentify Regional lmprovement Opportunities f,{i!i.1,\'l v,itl,ill rlx. (;li h;rwJ Lv'1. ;r11y,lrrrllrr, .',(l r({x:rr r}r,livl,r.,t\1 1) DELIVTRABTE: . all\ l.rv.{ !rirl, Ilrrtj'-1 lor:t!(.hs, ,",rr'rirrrtr,i:.r{ rs, jrr.l rr|o,n,tri,rl,rl yr.,y,"1 1y;".1 F. Develop Master Drainage Plan Compile GIS Modeling Recuhs ,rr"r1.rt ,tr.r,.,,r,rl t,. n.t,!r..1 trrl,,.( rry'rt,,,r t!.,r.!r,,rrt.l.,|,,1 Draft Master Drainagre Plan d,i,r,r,trv1rrr,. 1l/ t,li^IT,,r.,r ,ll. sLrli'rd,.lr, rh, i rvl,, r,..1,...r,1.,r:,,,,r1 Flnal Master Drainage Plan i!,lllvr.,r ,.r', " I DELIvERABLIS, l::r .l.l^,.r.,1.i,\) .l.'lU,l Ilvl.r,r' ' lir.n,ni]{. l'1r,,ll.1 !r L i:rrI,1.\r..r .rrl ,rr,rr,rrt . I lf.lAl lvl.r.r.r i1,.r,,.i,rt l'1., ll,.t..)rr .,r!,1,,,.,1(,1\,i-.t.r!..r., ',','. 1 /\t4, 267tl0I858-0001 1630376-2 a08l27tt9 -10- r