2015/07/01 Leighton Consulting, Inc. FY16 sils and materials testing CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and effective
this 10' day of June, 2015 ("Effective Date") by and between the CITY OF MENIFEE, a
California municipal corporation, ("City") and LEIGHTON CONSULTING, INC., a California
Corporation, ("Consultant"). City and Consultant may sometimes herein be referred to
individually as a"Party"and collectively as 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 Services,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 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 July 1,2015 and shall
end on June 30, 2016 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 of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shalt 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 Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the 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 the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
I eiHhtm Coin nil ling Inv
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWENTY THOUSAND
DOLLARS ($20,000.00) notwithstanding 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 of a conflict between this Agreement and Exhibit A,regarding the amount
of compensation,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 payments specified
below shall be the only payments from 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.
2.1 Invoices. Consultant shall submit invoices monthly during the tern of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. I for the first
invoice,etc.;
b. The beginning and ending dates of the 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 or 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;
1. Receipts for expenses to be reimbursed;
g. The Consultant Representative's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29714 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
I'Aght"conwllin he -2-
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 amount due
pursuant to this Agreement within sixty (60)days after completion of the Services and submittal
to City of a final invoice, if all of the 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 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 1lourly Fees. Fees for the Services 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 this Agreement.
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 City or Consultant terminates this
Agreement pursuant to Section 8, City shall 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 timeshects in order to verify costs and reimbursable expenses 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 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
Loghl..Convdong,Inc: -3-
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 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 City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident,ONE MILLION DOLLARS($1,000,000.00)disease per employee,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 if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
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 from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
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 aggregate, and TWO MILLION
DOLLARS ($2,000,000,00) products/completed operations aggregate. 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 therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired,owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG'0001.
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 following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
I c,Pbwn Cbneultin6,[nu -4-
a. The insurance shall cover on an occurrence or an accident basis,and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,employees,agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing 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-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the 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 dale 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; (1) renewal of the existing policy; (2)an extended reporting
period endorsement; or (3) replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement, City shall have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions of the 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.
4.4 All Policies Requirements.
a. 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.
I vghl.Canculling,ha -5-
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall fumish 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: Soils
and Material Testing. 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. City must be endorsed as an additional insured for liability arising out of ongoing and
completed operations by or on behalf of Consultant.
C. Notice of Reduction in or Cancellation of Coverage. Consultant shall
provide written notice to City within ten (10) working days if. (1) any of the required insurance
policies is terminated;(2)the limits of any of the required polices are reduced;or(3)the deductible
or self-insured retention is increased.
d. 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 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(1)year after the expiration or termination of this Agreement or completion ofthe Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect 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.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any orthe
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
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 or them.
f. Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
Lcj,hm Ce..ulhnp.Inc. -6-
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 of such insurance are either not commercially available,or that
City's interests are otherwise ftdly protected.
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 alternatives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
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
C. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law,Consultant shalt indemnify,protect,defend(with counsel selected byCity),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 of any 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 for 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 subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereot) in the performance of professional
services under this Agreement.
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
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 legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
Lmghmn(..A "s,1� -7-
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding 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 "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.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers,officials,employees,and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent 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 assignment of personnel 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 Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System CTERS") 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 Governing Law. The laws of the State of California shall govern this Agreement.
7,2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within 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 of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Consultant's employee and
I.eiyhmn C u..InnF,Inc -8-
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. 'rhe 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 compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City's request. Consultant shall indemnify, 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 attorneys' 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 of any 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 of Section
1781 of the Labor Code,as the same may be amended from 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 1781,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 al(risks of payment or non-payment of prevailing wages
under California 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
subcontractors 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 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.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
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.
Leikhlon Co..[W ,Inc -9-
9.4 Extension_ City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection I.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 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 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 Agreement.
9.8 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:
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 different 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.
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
L,.ghwn Cnw.hMg lnc -1 Q'
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 agree that, until final approval by City,all data,plans,specifications, reports,and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Properly. This Agreement creates a non-exclusive and
perpetual license for City to copy,use,modify,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 subcontractors to agree 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 orthe 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.
9.3 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 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, from
the date of final 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.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 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 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), this 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 City, for a period of three (3) years alter f inal payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Nees. 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; provided, however, that the attorneys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable member of hours 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.
10.2 Applicable Law: Venue. The internal 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 pails of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
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 of any other breach of that term or any other term of
this Agreement.
10A 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.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Bob Riha ("Consultant's Representative'). The Consultant's Representative shall
have full authority to represent and act on behalf of Consultant 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,Jonathan G. Smith("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his designee. The Contract Administrator shall have the
power to act on behalf of City 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 Consultant shall be sent to:
Leighton Consulting, Inc.
41715 Enterprise Circle North
Suite 103
Temecula, CA 92590
ei�lnm,om.nnni.�w -12-
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29714 llaun Road
Menifee,CA 92586
Attn: Steve Glynn
with a copy to:
City Clerk
City of Menifee
29714 Haun Road
Menifee,CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator,the first page of a technical report,first page ordesign 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.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the 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 different times, of any other rights or remedies for the same default
or any other default by the other Party.
10.12 lnte rag Lion. This Agreement, including the scope of services 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. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
10.13 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.
10.14 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.
[`Mh",(bnsuhmg,frm. -13-
10.15 Nondiscrimination. Consultant covenants that,by and for itself,its heirs,executors,
assigns,and all persons claiming under or through them,that in the performance of this 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 Party Beneficiaries. With the exception of the 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 of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach orany obligation of the terms of this Agreement.
10,18 No Undue 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, includingany method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, 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 Employees. 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(1)year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
L.g61m CAne1111wg.In, -I4-
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CIT F E CONSULT
Z. ./,
d/tOl�l
Rob rt Johnson,City Manager Thomas C. Benson, Preside EO
Attest:
1 kiy1Uzo �7 f�` /S
Kathy Bennett, City Clerk Te ranee M. Brennan,CFO
Appr d as to orm:
Je y .Melching, CiP"Mey
Leighton C...It.."IM -15-
EXHIBIT A
SCOPE OF SERVICES
1, Maximum densities
2. Hveem testing
3. Slurry Consistency Test
4. Wet Track Abrasion
5. Field density Testing
6. Sieve Analysis
7. R-Value
8. Concrete Compression Cylinder Tests
t.e�non cowullwq,nw EXHIBIT A
2015 PROFESSIONAL FEE SCHEDULE
Leighton
CLASSIFICATION $IHR CLASSIFICATION SIHR
Dispatcher 72 Project Administrator I Word Processor 72
Technician 1 77 Information Specialist 99
Technician 11/Special Inspector 86 CAD Operator 104
Senior Technician I Senior Special Inspector 90 GIS Specialist 122
Prevailing Wage(Reu sous imawaisTasiart' 117 Staff Engineer I Geologist lScientist 122
Prevailing Wage(auwnprcanstwuun lnswcar)0 122 Senior Staff Engineer I Geologist I Scientist 131
Prevailing Wage(NOT W Soil RemWauono&at' 126 Operations/Laboratory Manager 149
System Operation&Maintenance Specialist 122 Project Engineer/Geologist I Scientist 149
Non Destructive Testing 122 Senior Project Engineer I Geologist/Scientist 171
Deputy Inspector 122 Associate 189
Field/Laboratory Supervisor 122 Principal 203
See Prevailing ages W Senior Principal 243
in Terms end Conditions
GEOTECHNICAL LABORATORY TESTING
METHOD BITEST METHOD $/TEST
CLASSIFICATION&INDEX PROPERTIES California bearing ratio(ASTM D 1883)
Photograph of sample 10 - 3 point 500
Moisture content(ASTM D 2216) E0 - Ipoint 185
Moisture&density(ASTM D 2937)ring samples 30 R-Value(CTM 301)untreated 310
Moisture&density(ASTM D 2937)Shelby tube or cutting 40 R-Value(CTM 301)lime or cement treated soils 340
Afterberg limits(ASTM D 4318)3 points: 150 SOIL CHEMISTRY&CORROSIVITY
Single point,non-plastic 85 pH Method A(ASTM 4972 or CTM 643) 45
Afterberg limits(organic ASTM D 248714318) 180 Electrical resistivity—single point—as received moisture 45
Visual classification as non-plastic(ASTM D 2488) 10 Minimum resistivity 3 moisture content points(ASTM G 187/CTM 90
Particle size 643)
- Sieve only 1 Yz"to#200,(ASTM D 6913/CTM 202) 135 pH+minimum resistivity(CTM 643) 130
- Large sieve-6"to#200(ASTM D 6913/CTM 202) 175 Sulfate content-gravimetric(CTM 417 B Part 11) 70
- Hydrometer only(ASTM D 422) 110 Sulfate screen(Hach®) 30
- Sieve+hydrometer(s3"sieve,ASTM D 422) IN Chloride content(AASHTO T291/CTM 422) 70
- Percent passing#200 sieve,wash only(ASTM D 1140) 70 Corrosion suite:minimum resistivity,sulfate,chloride,pH(CTM 245
Specific gravity-fine(passing#4,ASTM D 854/CTM 207) 125 643)
Specific gravity-coarse(ASTM C 127/CTM 2D6)>#4 retained 100 Organic matter content(ASTM 2974) 65
- Total porosity-on Shelby tube sample(calculated from 165
density&specific gravity) SHEAR STRENGTH
- Total porosity-on other sample 155 Pocket penetrometer 15
Shrinkage limits(wax method,ASTM 0 4943) 126 Direct shear(ASTM D 3080,mod.,3 points)
Pinhole dispersion(ASTM D 4647) 210 - Consolidated undrained-0.05 inch/min(Cl 285
Dispersive characteristics of clay(double hydrometer ASTM D 90 - Consolidated drained-<0.05 inchimin(CD) 345
4221) - Residual shear EM 1110-2-1906-IXA 50
As-received moisture&density(chunk/carved samples) 60 (price per each additional pass after shear)
Sand equivalent(ASTM D 24191CTM 217) 105 Remolding or hand trimming of specimens(3 points) 90
COMPACTION&PAVEMENT SUBGRADE TESTS Oriented or block hand trimming(per hour) 65
Single point shear 105
Standard proctor compaction,(ASTM D 698)4 points: Torsional shear(ASTM D 0467/ASTM D 7608) 820
- 4 inch diameter mold(Methods A&B) 180
6 inch diameter mold(Method C) 215 CONSOLIDATION&EXPANSIONISWELL TESTS
Modified proctor compaction(ASTM D 1557)4 points Consolidation(ASTM D 2435) 195
4 Inch diameter mold(Methods A&B) 220 - Each additional time curve 45
6 inch diameter mold(Method C) 245 - Each additional load/unload wlo time reading 40
Check point(per point) 65 Expansion index(ASTM D 4829) 130
Relative compaction of untreated&treated soils&aggregates 250 Swelllcollapse—Method A(ASTM D 4546-A,up to 10 290
(CTM 216) load/unloads w/o time curves)
Relative density(0.1 N3 mold,ASTM 0 4253,D 4254) 235 Single load swell/collapse-Method B(ASTM D 4546-8,seat, 105
load&inundate only)
2015 R2/4/15 10% PAGE i OF 4
vrvwv leightongroup cam
Leighton I Fee Schedule
METHOD $REST METHOD $/TEST
TRIAXIAL TESTS HYDRAULIC CONDUCTIVITY TESTS
Unconfined compression strength of cohesive soil(with 135 Triaxial permeability in flexible-wall perrneameter with 310
stress/strain plot,ASTM D 2166) backpressure saturation at one effective stress(EPA
Unconsolidated undrained triaxial compression test on 170 9100/ASTM D 5084,falling head Method C)
cohesive soils(USACE 0 test,ASTM D 2850.per confining - Each additional effective stress 120
stress) - Hand trimming of soil samples for horizontal K 60
Consolidated undrained triaxial compression test for cohesive 375 Remolding of lest specimens 65
soils,(ASTM D 4767,CU,USACE R-bar test)with back Permeability of granular soils(ASTM D 2434) 135
pressure saturation&pore water pressure measurement SOIL CEMENT
(per confining stress) Moisture-density curve for soil-cement mixtures(ASTM D 558) 240
Consolidated volume
change
compression test(CO,USACE S Wet-dry durability of soil-cement mixtures(ASTM D 559)' 1,205
test),with volume change measurement.Price per soil type
below EM 1110-2-1906(X): Compressive strength of molded soil-cement cylinders(ASTM 60
- Sand or silty sand soils(per confining stress) 375 D 1633)per cylinder'
- Silt or clayey sand soils(per confining stress) 500 Soil-cement remolded specimen(far shear strength, 235
- Clay soils(per confining stress) 705 consolidation,etc.)'
- Three-stage biaxial(sand or silty sand soils) 655 Compaction(ASTM D 558 maximum density)should also be
- Three-stage triaxial(silt or clayey sand soils) 875 performed—not included in above price
- Three-stage triaxial(clay soils) 1,235
Remolding of test specimens 65
CONSTRUCTION MATERIALS LABORATORY TESTING
SAMPLE TRANSPORT $/TRIP METHOD $/TEST
Pick-up&delivery—(weekdays,per trip,<60 mile radius from 85 Thickness or height of compacted bituminous paving mixture 40
Leighton office) specimens(ASTM 3549)
METHOD $rTEST Rubberized asphalt(add to above rates) +
25%
CONCRETE STRENGTH CHARACTERISTICS
Concrete cylinders compression(ASTM C 39)(6"x 12") 25
Compression,concrete or masonry cores(testing only)s6" 40 AGGREGATE PROPERTIES
diameter(ASTM C 42) Sieve analysis(fine&coarse aggregate,ASTM C 136/CTM 135
Trimming concrete cores(per core) 20 202)with finer than#200 wash(ASTM C117)
Flexural strength of concrete(simple beam with 3rd pt.loading, 85 LA Rattler-smaller coarse aggregate<1.5"(ASTM C 131) 200
ASTM C 781CTM 523) LA Rattler-larger coarse aggregate 1-3"(ASTM C 535) 250
Flexural strength of concrete(simple beam wl center point 85 Durability index(CTM 229) 200
loading,ASTM 293/CTM 523) Cleanness value of coarse aggregate(CTM 227) 210
Non shrink grout cubes 173,ASTM C 109/C 1107) 25
Drying shrinkage(four readings,up to 90 days,3 bars,ASTM 400 Unit weight aggregate(CTM C 8 50
m
C 157) Soundness magnesium(ASTM C 8) 225
Soundness sodium 650
ASPHALT CONCRETE(HMA) Uncompacted void content—fine aggregate(CTM 234) 130
Extraction by ignition oven,percent asphalt(ASTM 0 150 Flat&elongated particles in coarse aggregate(CTM 235) 215
6307/CTM 382) Percent of crushed particles(CTM 205) 136
Ignition oven correction/correlation values quote Organic impurities in concrete sand(CTM 213) 60
Extraction by centrifuge,percent asphalt(ASTM 0 2172) 150 Specific gravity—coarse aggregate(CTM 206) 100
Gradation of extracted aggregate(ASTM D 5444/CTM 202) 135 Specific gravity—fine aggregate(CTM 207) 125
Stabllometer value(CTM 366) 265 Apparent specific gravity of fine aggregate(CTM 208) 130
Bituminous mixture preparation(CTM 304) 80 Moisture content of aggregates by oven drying(CTM 226) 40
Moisture content of asphalt(CTM 370) 60 Clay lumps,friable particles(ASTM C 142) 175
Bulk specific gravity—molded specimen or cores(ASTM D 55 MASONRY
11881 CTM 308) Mortar cylinders(2"by 4",ASTM C 780) 25
Maximum density-Hveern(CTM 308) 200 Grout prisms(3"by 6",ASTM C 1019) 25
Theoretical maximum density and specific gravity of HMA 130 Masonry cares compression,56"diameter(testing only,ASTM 40
(CTM 309) C 42)
2016 R2/411510% PAGE 2 OF 4
www.leightongroup.com
Leighton I Fee Schedule
METHOD $[TEST METHOD $REST
CMU compression to size 8"x 8"x 16"(3 required,ASTM C 45 140) REINFORCING STEEL CMU moisture content,absorption tens Is test,up to No.10(ASTM A 370) 45tion&unit weight(6 required, 40 Reber tens Is test,No.11 8 over ASTM A 370) 100
AST
li
near nAear drying shrinkage(ASTM C 426) 176 Reber bend test,up to No.11 (ASTM A 370) 45
CMU grouted prisms(compression test 58"x 8"x 16",ASTM E 180 STEEL
447 C 1314) Tensile strength,5100,000 pounds axial load(ASTM A 370) 45
CMU grouted prisms(compression test>8"x 8"x 16",ASTM 260 Prestressing wire,tension(ASTM A 416) 150
E 447 C 1314) Sample preparation(cutting) 50
Masonry core-shear,Tile 24(test only) 70
SPRAY APPLIED FIREPROOFING
BRICK
Compression(cost for each,5 required,ASTM C 67) 40 Unit weight(Density,ASTM E 605) 60
SLAB-ON-GRADE MOISTURE EMISSION KIT
Moisture test kit(excludes labor to perform test,ASTM E 1907) 60
EQUIPMENT, SUPPLIES& MATERIALS
$/UNIT $/UNIT
1/4"Grab plates 5 each Lockable equipment box 15 day
1/4"Tubing(bonded) 0.55 foot Magnahelic gauge 15 day
114"Tubing(single) 0.35 foot Manometer 25 day
31W Tubing,dear vinyl 0.55 foot Mileage 0.575 mile
4-Gas meter(RKI Eagle or similar) 120 day Nitrile gloves 20 pair
Air flow meter and purge pump(200 cc/min) 50 day Nuclear moisture and density gauge 88 day
Box of 24 soil drive-sample rings 120 box Pachometer 25 day
Brass sample tubes 10 each pH/Conductivity/remperature meter 55 day
Caution tape(1000-foot roll) 20 each Photo-Ionization Detector(PID) 110 day
Combination lock or padlock 11 each Pump,Typhoon 2 or 4 stage 50 day
Compressed air tank and regulator 50 day QED bladder pump w/QED control box 160 day
Concrete coring machine(6-inch-dia) 150 day Resistivity field meter&pins 50 day
Consumables(gloves,rope,soap,tape,etc.) 35 day Slip/Threaded Cap,2-inch or 4-inch diameter. 15 each
Core sample boxes 11 each PVC Schedule 40
Crack monitor 25 each Slope inclinometer 50 day
Cutoff saws,reciprocating,electric(Saws All) 75 day Sal sampling T-handle(Encore) 10 day
Disposable bailers 12 each Soil sampling tripod 35 day
Disposable bladders 10 each Stainless steel bailer 40 day
Dissolved oxygen motor 45 day Submersible pump, 10 gpm,high powered 160 day
DOT 55-gallon containment drum with lid 65 each Grunfos 24nch with controller
Double-ring inlltrometer 125 day Submersible pump/transfer pump,10-25 gpm 50 day
Dual-stage interface probe 80 day Survey/fence stakes 8 each
GEM 2000 130 day Tedlar®begs 18 each
Generator,portable gasoline fueled,3,500 watts 90 day Traffic cones(525)lbardcades(single lane) 50 day
Global Positioning System(GPS) 80 day Turbidity meter 70 day
Hand auger set 90 day TyvekO suit(each) 18 each
HOPE safety fence(5100 feet) 40 roll Vapor sampling box 45 day
Hodba U-51 water quality meter 135 day Vehicle usage 20 hour
In-situ level troll500(each) 90 day VeloclCalc 35 day
In-situ troll 9500,low flow water sampling 150 day Visqueen(20'x 100') 100 roll
Water level indicator(electronic well sounder) 60 day
<300 feet deep well
Well service truck usage 200 day
Other specialized geotechniccl and environmental testing 8 monitoring equipment are available,and priced per site
2015 R2/4/15 10% PAGE 3 OF 4
www.leig htong roup.corn
Leighton I Fee Schedule
TERMS& CONDITIONS
■ Expiration: For all classifications except those subject of Leighton's liability equal to our total fees for a given
to prevailing wage,this fee schedule is effective through project.
December 31, 2015 after which remaining work will be ■ Invoicing: Invoices are rendered monthly, payable
billed at then-current rates. upon receipt in United States dollars. A service charge
■ Proposal Expiration: Proposals are valid for at least of 11/2-percent per month will be charged for late
30 days, subject to change after 30 days; unless payment.
otherwise stated in the attached proposal. ■ Client Disclosures: Client agrees to provide all
■ Prevailing Wages: Our fees for prevailing wage work information in Client's possession about actual or
are subject to change at any time based upon the possible presence of buried utilities and hazardous
project advertised date, and changes in California materials on the project site, prior to fieldwork, and
prevailing wage laws or wage rates. Prevailing wage agrees to reimburse Leighton for all costs related to
time accrued will include portal to portal travel time. unanticipated discovery of utilities and/or hazardous
• Overtime: Overtime for field personnel will be charged materials. Client is also responsible for providing safe
at 1.5 times basic hourly rates when exceeding 8 hours and legal access to the project site for all Leighton field
Personnel,
up to 12 hours per 24 hour interval, and 2 times basic
hourly rates when exceeding 12 hours in 24 hours or on ■ Earth Material Samples: Quoted testing unit rates are
Sunday, and 3 times basic hourly rates on California for soil and/or rock (earth) samples free of hazardous
official holidays. materials. Additional costs will accrue beyond these
■ Expert Witness Time; Expert witness deposition and standard testing unit rates for handling, testing and/or
testimony will be charged at 2 times hourly rates listed disposing of soil and/or rock containing hazardous
on the previous pages, with a minimum charge of four materials. Hazardous materials will b r returned to the
hours per day. site or the site owner's designated representative at
additional cost not included in listed unit rates,
■ Minimum Field Hourly Charges: For Field Technician Standard turn-around time for geotechnical-laboratory
Special Inspectors or Material Testing Services: test results is 10 working days. Samples will be stored
for 2 months, after which they will be discarded. Prior
4 hours: Cancellation of inspections not canceled by documented notification is required if samples need to
4:00 p.m. on preceding day (No charge if be stored for a longer time. A monthly storage fee of
cancellation is made before 4:00 p.m. of the $10 per bag and $5 per sleeve or tube will be applied.
preceding work day.) Quoted unit rates are only for earth materials sampled
8 hours: Over 4-hour working day, or begins before in the United States. There may be additional cost for
noon and extends into afternoon handing imported samples.
■ Outside Direct Costs: Heavy equipment, Is Construction Material Samples: After all designated
subcontractor fees and expenses, project-specific
om
permits and/or licenses, project-specific supplemental compressive
breaks for a given sample set meet specified
compressive or other client-designated strength, all
insurance, travel, subsistence, project-speck parking 'hold' cylinders or specimens will be automatically
charges,shipping, reproduction, and other reimbursable disposed of, unless specified in writing
expenses will be invoiced at cost plus 20%, unless p - p g prior to the 28-
billed directly to and paid by client. day break. All other construction materials will be
disposed of after completion of testing and reporting.
■ Insurance & Limitation of Liability: These rates are
predicated on standard insurance coverage and a limit
2015 R2/4/15 10°h PAGE 4 OF 4
www.leightongroup.com