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2016/08/22 Leighton Consulting, Inc. PMP16-01 Newport Rd Rehabilitation from Bradley Rd to Murrieta Rd
CITY OF MENIFEE PROFESSIONAL SERVICES AGREEMENT Newport Road Rehabilitation from Bradley Road to Murrieta Road, PMP 16-01 THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and effective this 22th clay of August, 2016 ("Effective Date") by and between the CITY OF MENII~EE, 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 August 22,2016 and shall end on August 21, 2017 unless the term of this Agreement is otherwise terminated or extended as provided for in Section S. 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 S. 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 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 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. 26711031859-0001 7630550,2 n07f26116 PSA 47-Agreement with Leighton Consulling.Inc. SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed FIFTEEN THOUSAND SEVEN HUNDRED SEVENTY ONE DOLLARS AND ZERO CENTS ($15,771.00) 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 B, 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 term 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. 1 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 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 B; f. Receipts for expenses to be reimbursed; g. The Consultant Representative's signature. Invoices shall be submitted to: City of Menifee Attn: Accounts Payable 29714 hlaun Road Menifee, CA 92586 26 I W I SSO-0001 7630330.:07126Il6 -2- PSA#7 Agrcemcnl wish Leighton Consulting,Inc_ 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 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 Hourly 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 B. 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 timesheets 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. 2671M31858-0001 753p$Sp.2 ap7/26/I6 -3- P5A 97—Agreement with I.eiglitan Consulting,Me Before beginning any work under this Agreement, Consultant,at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to 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. 4,2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000,00) per occurrence, combined single limit coverage,for risks associated with the 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. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 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. 2671l1)318$8-0001 700 $$D,2 47126114 -4- PSA h7-Agreement with Leighton CdnsuWng.Inc. 4.2.3 Additional requirements. Each of the following shall he included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers,employees,agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing 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. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made Form: a. The retroactive date of the policy must be shown and must be no later than the commencement of the 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 elate 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 attached under Exhibit C prior to the execution of this Agreement and commencement of the Services under this Agreement. 25711031959.0001 7630550,2 1107/26116 -5- PSA A7-AgKeemcnl wilh Lciglnon Comulling.Inc. 4.4 All Policies Requirements, 4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII and admitted in California. 4.4.2 Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference: Newport Road Rehabilitation from Bradley Road to Murrieta Road, PMP 16-01.. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of lblenifee, 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. 4.4.3 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. 4.4.4 Additional insured: primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of 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 ten-mina#ion of this Agreement or completion of the 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. 4.4.5 Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. 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 2671M 1950-0001 75345502 072411 6 -6- HSA H7-Agreement with Leigloton Consulhng,Inc. retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Variation. 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 fully 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 S. 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 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, 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 thereof) 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 267 U031 85&000I 76345541 n07126/16 '7` P5A N7—Agreement with Leighton Comkin4.Ine. 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. 5.3 Limitation of Indemnification. The provisions of this Section S 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 Independ_ent Contractor, At all times during the term of this Agreement,Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of 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 ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PEAS 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 subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of 25711631'18.0001 753R554 3 aQ7136l1b -8- PSA 07-Agreement will,leighlon Consulting,lnc 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 limlitation, 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 all 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, 8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a 26711031859-0001 7630550.2 a07126116 -9. PSA 47—Agrcement wish Leighton Conwltin&Inc. 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 Assiw►ment 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. 8.8 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 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 267 1103 1 858.0p01 7630554,2 110 712611 6 -10- PSA 07—Agreement with Leighton Cpn%idling.Inc. 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 Pro ert . 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 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. 9.3 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 after final payment under this Agreement. SECTION 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement,the prevailing Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services 2671/031358.0001 7630350,3 a07126116 -1 1- P5A 47—A6mcment with Leighton Consulting,Inc_ multiplied by the reasonable number 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 parts of this Agreement shall nevertheless be in full force and effect. 10.4 Section Headin_,s 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. 10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by ("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, Carlos E.Geronimo("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. 41714 Enterprise Circle N., Suite 103 Temecula, CA 92590 Attn: Kenneth Cox Any written notice to City shall be sent to the Contract Administrator at: 261 v0li M-Oo01 7630550,2 a07/26/l6 -12- P5A#7-Agreement with Laigheon Copsulling,Ina. City of Menifee 29714 Haun load Menifee, CA 92586 Attn: Carlos E. Creronimo 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 of design specifications,and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal and Signature of registered Professional with report/design responsibility," as in the following example. Seal and Signature of registered Professional with re ort/desi n 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 integration. 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 CountcKparts. 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. 2671/031958-0001 7630550,2 0071261L6 41 _ PSA 07-AgrccmCnl with Leighton Consulting.Inc, 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 of any 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 ofthis Agreement, including any 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] 2671103 1 85 9-000 1 7630550,2 07l26116 -14- P5A 07—Agrecmcnt with l.cighton Consulting,Inc. IN WITNESS WHEREOF, the. Parties hereto have executed and entered into this Agreement as of the Effective Date, CITY O M IFEE CONSULT . w aarG Robert ohnson, City Mans er Thomas C. Benso , Jr., President and CE Attes Te ante M. rennan, Chairman of the Board ` ote: 2 officer's signatures required if �. /r'� Consultant is a corporation] Sarah A. Manwaring, City CIerk Appro to Je y 6Melching, Ci ttorney 26711031858-0001 7630550.2 s67116116 -15- PSA 07-Agreemew wish LeigHon Cnnwhing,Inc. EXHIBIT A SCOPE OF SERVICES/SCOPE OF WORK The Consultant shall provide Construction Management and Inspection services necessary to complete the Newport Road Rehabilitation Project(Bradley Road to Murrieta Road), PM? 16-01, Per Section III of the RI~P issued on Judy 14,2016 EXHIBIT A 2671/D31858•0001 PAGE 1 of 1 763055D 2 a07126/16 P$A!i7-Agrcemcnt with Leighton Causultiug.Inc. SECTION III- SCOPE OF WORK A. PROJECT BACKGROUND PMP 16-01 -NEWP RT ROAD REHABILITATION from Bradley Road to Murrieta Road The City of Menifee has received funding from the Moving Ahead for Progress in the 2111 Century(Public Law 112- 141,July 6,2012)--Surface Transportation Program(MAP 21-STP). The street rehabilitation is anticipated to do the following: 0"-2"edge grind and overlay with 2"Asphalt rubber Hot Mix(ARHM),crack filling,striping,detection loop replacement,installation of new bicycle loop detection,adjusting existing manholes and valves to grade and re-striping. Concrete repair work will include ADA ramp replacements, curb repairs, and cross gutter replacements. The project is about 1.0 miles of undivided arterial and has a construction estimate of about$1.1 million. R will be awarded in August 2016 and has a 45 working day schedule. CIP I5-04 -NEWPORT ROAD REHABILITATION (from Bradley Road to Murrieta Road) The City of Menifee is proposing to widen this section of Newport Road. The project is anticipated to do the following: grading to construct new AC pavement, 0"-2"edge grind, 2"Asphalt rubber Hot Mix(ARHM) overlay, crack filling, striping,detection loop replacement,traffic signals, street lights, striping, adjusting existing manholes and valves to grade, water lateral installation, storm drain installation, landscaping and irrigation. Concrete work will include curb and gutter, raised medians, ADA, ramp replacements. The project is about 1.0 miles of undivided arterial and has a construction estimate of about$3.5 million. It will be awarded in September 2016 and has a 70 working day schedule. B. SCOPE OF SERVICES For each project,the Offeror shall: 1. Review the Project Documents a. The consultant shall review the following project documents; • Special Provisions. • The Project Plans. + City of Menifee QAP. 2. Site Work-Construction Quality Assurance(CQA)Services a. The consultant shall make site visits to obtain representative samples in order to test the materials and/or compaction of Asphalt Concrete, Subgrade, Aggregate Base, and Portland Cement Concrete. Sampling frequency and testing will be performed consistent with the city of Menifee Quality Assurance Plan (QAP), contract specifications, American Society for Testing and Materials (ASTM) and Caltrans Test Method (CTM). b. The consultant shall produce daily field reports for each site visit. e. During the placement of A.C., the consultant shall test and provide results/recommendations in a timely a fashion so that the necessary adjustments to the mix ratios can be made without delaying the contractor performing the work. 3. Construction Quality Assurance(CQA)Report a. The consultant shall prepare a final CQA report to document the results of all required testing and recommendations. The report shall consist of but not be limited to a project description, description of the work performed,testing methods,test results,recommendations,photos,and daily field reports. b. The consultant shall prepare a draft version of the report for review and comment by City staff within seven (7)business days from the completion of site work services mentioned in the above section.Comments from City staff shall be provided back to the consultant within five(5) business days at which time a final report shall be prepared and submitted to the City within five(5)business days. c. The consultant shall provide three(3)copies of the draft report for review and comment and(3)copies of the final report incorporating County staff comments. 0 EXHIBIT B CONSULTANT FEE SCHEDULE Total Contract Cost Not to Exceed $15,771.00 Extra work or optional tasks will be performed, only when authorized, on a Time and Materials basis per the attached Fee Proposal received on July 28, 2016. Extra work shall only be performed with prior written authorization from the City of Menifee. 267U031858.0001 7630550.2 a07f261 16 '2' PSA 97-Agrccmcnl with Leighton Consulting,Inc, Leighton COnKdting, Inc. A LEIGHTON GROUP COMPANY Tuesday, July 28, 2016 Opportunity No. TE16-117a City of Menifee, Engineering Department 29714 Haun Road Menifee, CA 92586-6540 Attention: Mr, Carlos E. Geronimo, PEW Senior Civil Engineer Subject: Fee Proposal for Material Testing Services for project No. PMP 16-I01 PMP 16-01 Newport Road Rehabilitation Project(Murrieta Road to Bradley Road) Menifee, California We are pleased to provide herewith our fee proposal for the subject project. Our estimated fee is based on the unit rates listed in our Fee Schedule included herein, The actual fees for construction services will be primarily dependent upon the various contractor's operations, methods, and scheduling. A construction schedule was not available for our review at the time of this proposal. As such, in preparing our fee proposal, we have made the following assumptions: Some service requests may overlap with requests for the CIP 15-04 Newport Road Rehabilitation Project (from Haun Road to Bradley Road). Although field reports, final reports, and invoicing for each of these projects will remain separate and independent of the other, we have assumed some cost and time savings due to the anticipated concurrent observation of the two adjacent projects. Work will be performed during normal business hours. If overtime, night, weekend, or holiday work is requested, additional costs will be incurred. No batch plant inspection is required other than initial batch sampling. We understand that this project is a public works project, i.e., public funds are being used for construction and that we will provide our services and in accordance with the prevailing wage law of the State of California, We will provide certified payroll records showing that we have met the requirements of California Senate Bill 1999. We thank you for your consideration and look forward to the opportunity to be of service. If you have any questions regarding this fee proposal, please do not hesitate to contact us at (866) Li=1GHTON, or directly at the e-mail addresses and phone extensions listed below. Respectfully submitted, LEIGHTON CONSULTING, INC. Simon . Saiid, E, GE nneth E x, PE, Principal Engineer Project Manager!Sr. Project Engineer Extension 8t)13, ssaijd@leightongroup.com Extension 8925, kcoxCa7leightpnconsulting_cam Attach: (1)cost table(1)Amended Fee Schedule for this project 41715 Enterprise Circle N_,Suite 103 z Temecula,CA 92590-5661 951,296.0530 r Fax 951.296.0534=www.leightonconsulting.com SailsNateri$Is Testing Table 1a Leighton Consulting,Inc. PMP 16-01 Newport Road(Bradley Rd to Murrieta Rd) Propos2l#TE1c-117a ProjectSatup RavlevrlQualtly Planning Senior Project Engineer!Geologist 1 Soienti5t Review plan.Weel with City S176 1 hour 4 5 704.00 Staff Engineer l Geotogist/Seientlst Review and Precen•meeling $126 1 hour 4 S 504.OU Project AdminlstratorN_/ard Processor Project set-up 572 1 hour 2 S 144.00 Operations Manager Review mix designs 5153 1 hour 4 S 612.00 SUBTOTAL 5 1,964.00 Geatoch Tatsing During Construction•Labor I`fold Sails l Materials Tester JPM 10 io 12 alslts S112 1 hour 48 S 5.376.00 Senior Project En9inear I Geeloyist f Scientist PW Review 5176 1 hour d 5 704.00 Vehide Usage 517 I each 48 S 816.00 SUBTOTAL $ 6,896.00 Laboratory Testing -Materials Extractlan by lgnllfon oven,percent asphalt(ASTM p 6307(CTM 382rAASHTO T305) 5150 Ina 6 S 900.00 Gradagon of extracted aggregate(ASTM 0 54"CTM 202) $135 1 ea 7 5 945,00 Stabllarreter value(CTM 3661 $265 1 es 2 $ 530,00 Cleanness value of coarse_aggregate(CTM 227) S210 1 ea 2 5 420.00 ❑urabflity Index(DI,CTM 229) S200)ea 2 S 400.00 Sandgdivalent(CT 2171AASH7p T 176) S1D5 1 ee P 5 210.00 MaxirrluM density-HveeM(CTM 308) S200 1 ea 6 5 1,204,00 Pick-up&delivery—(weekdays,per trip,t50 mite radius from Leighton offical 585 I ca 2 5 170.00 SUBTOTAL S 4.775,00 Office Support f PM I QC-labor Senior Projoet Engineer I Goalogist 1 ScianhM PM/Review Reports S176 i hour a S 1,055.00 Staff CngineerlGaol09l6t!80antiSt Prepare Reports 5126 1 hour 4 b St34.00 PrujeL4 AdministratCrMlOrd Prvwe sor Dispatch i Reports distribution,etc. $72 1 hour a $ 576.00 SUBTOTAL $ 2,136.00 TOTAL ESTIMATED COST $ 16r771.00 2016 PROFESSIONAL FEE SCHEDULE Leighton CLASSIFICATION VHR CLASSIFICATION $/HR Technician 1 77 Project AdministratorlWord Processor/Dispatcher 72 Technician 111 Special Inspector 86 Information Specialist 99 Senior Technician/Senior Special inspector 95 CAD Operator 108 Prevailing Wage(Field Soils 1 MalerWs Tesler)• 112 GIS Specialist 122 Prevailing Wage{Building I Construciion Inspector)' 117 Staff Engineer I Geologist/Scientist 126 Prevailing Wage(Source Inspector,NDT,and Soll Remediatim O&M)" 131 Senior Staff Engineer I Geologist I Scientist/ASMR 135 System Operation&Maintenance Specialist 126 Operations I Laboratory Manager 153 Non Destructive Testing 126 Project Engineer I Geologist/5cieritist 153 Deputy Inspector 128 Senior Project Engineer I Geologist I Scientist I SMR 176 Field I Laboratory Supervisor 126 Associate 194 Source Inspector 1 122 Principal 212 Source Inspector II 126 Senior Principal 248 Source Inspector 111 131 'See Prevaifing Wages in Terms and Conditions GEOTECHNIOAL LABORATORY TESTING METHOD WEST METHOD WEST CLASSIFICATION&INDEX PROPERTIES California Bearing Ratio(08R.ASTM D 1883) Photograph of sample 10 - 3 Point 500 Moisture content(ASTM D 2216) 20 - 1 point 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 34D Atterberg limits(ASTM❑4318)3 points: 150 SOIL CHEMISTRY&CORROSIVITY Single point,non-plastic 85 pH Method A(ASTM 4972 or CTM 643) 45 - Atterberg limits(organic ASTM D 2487 1 431 8) 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 643) 90 Particle sire pH+minimum resistivity(CTM 643) 130 - Sieve only 1 Y2 inch to#200,(ASTM D 6913/CTM 202) 135 Sulfate content-gravimelydc(CTM 417 B Part 11) 70 - Large sieve—6 inch to#200(ASTM D 6913/CTM 202) 175 Sulfate screen(Hach@) 30 - Hydrometer only(ASTM D 422) 110 Chloride content(AASHTO T2911CTM 422) 70 Sieve+hydrometer(sY sieve,ASTM D 422) 185 Corrosion suite:minimum resistivity,sulfate,chloride,pH(CTM 643) 245 - Percent passing#200 sieve,wash only(ASTM D 1140) 70 Organic matter content(ASTM 2974) 65 Specific gravity-fine(passing#4,ASTM 0 8541CTM 207) 125 Specific gravity-coarse(ASTM C 1271CTM 206)}#4 retained 100 SHEAR STRENGTH - Total porosity-on Shelby tube sample(calculated from density & 165 Pocket penetrometer 15 specific gravity) Direct shear(ASTM D 3080,mod.,3 points) - Total porosity-on other sample 155 - Consolidated undrained-0.05 inchlmin(CU) 285 Shrinkage limits(wax method,ASTM D 4943) 126 - Consolidated drained-e0.05 ipchlmin(CD) 345 Pinhcle dispersion(ASTM D 4647) 210 - Residual shear EM 1110-2-1906-IXA 50 Dispersive characteristics(double hydrometer ASTM D 422 1) 9D (price per each additional pass after shear) As-received moisture&density(chunk/cerved samples) 60 Remolding or hand trimming of specimens(3 points) 90 Sand Equivalent(SE,ASTM D 2419/CTM 217) 105 Oriented or black hand trimming(per hour) 65 COMPACTION&PAVEMENT SUBGRADE TESTS Torsie point shear 1 Torsional shear(ASTM D 64671ASTM D 7608) 82020 Standard proctor compaction,(ASTM D 698)4 points: CONSOLIDATION&E?CPANSIOWSWELL TESTS - 4 inch diameter mold(Methods A&B) no - 6 inch diameter mold(Method C) 215 Consolidation(ASTM D 2435) 195 Modified proctor compaction(ASTM D 1567)4 points - Each additional time curve 45 - 4 inch diameter mold(Methods A&13) 220 - Each additional load/unload w/o time reading 40 - 6 inch diameter mold(Method C) 245 Expansion Index(El,ASTM D 4829) 130 Check point(per point) 65 Swellicollapse—Method A(ASTM D 4546-A,up to 10 loadlunloads 290 Relative compaction of untreated/treated soils/aggregates(CTM 216) 250 w/o lime curves) Relative density(0.1 ft mold,ASTM D 4253,D 4254) 235 Single load swell/collapse-Method B(ASTM D 4546-13,seat,load& 105 inundate only) 2016 R112016.10 www,leightongroup.com PAGE 1 of 4 Leighton I Fee Schedule METHOD $1TEST METHOD WEST TRIAXIAL TESTS HYDRAULIC CONDUCTIVITY TESTS Unconfined compression strength of cohesive soil 135 TNaxial permeability in flexible-wall permeameler with backpressure 310 (with stresslstrain plot,ASTM D 2166) saturation at one effective stress(FPA 91001ASTM D 5084, Unconsolidated undrained triaxial compression test on cohesive 170 falling head Method C) soils(USACF 0 test,ASTM 0 2850,per confining stress) - Each additional effective stress 120 Consolidated undrained triaxial compression test for cohesive soils, 375 - Hand trimming of soil samples for horizontal K 60 (ASTM D 4767,CU,USACE R-bar test)with back pressure Remolding of test specimens 65 saturation&pore water pressure measurement Permeability of granular soils(ASTM D 2434) 135 (per confining stress) BOIL-CEMENT Consolidated drained triaxial compression test(CD,USACE S.test), Moisture-density With volume change measurement.Price per soil type below EM ty curve far sail cement mixtures(ASTM D 558) 240 1110.2.1906(X): Wet-dry durability of soil-cement mixtures(ASTM 0 559)' 1,205 - Sand or silty sand soils(per confining stress) 375 Compressive strength of molded soil-cemerit cylinders(ASTM D 60 - Silt or clayey sand soils(per confining stress) 500 1633)per cylinder' - Clay soils(per confining stress) 705 Soil-cement remolded specimen(for shear strength, 235 _ Three-stage triaxial(sand or silty sand soils) 665 consolidation,etc.)' Three-stage triaxial(silt or clayey sand soils) 875 +Compaction ASTM ra 558 maximum density)should also be - Three-stage triaxial(clay so11s) 1,235 performed{not included in above rice Remolding of test specimens 65 p p CONSTRUCTION MATERIALS LABORATORYTESTING SAMPLE TRANSPORT $!TRIP METHOD $(PEST Pick-up&delivery 85 Theoretical maximum density and specific gravity of HMA 130 (weekdays,per trip,<50 mile radius from Leighton office) (CTM 3091AASHTO T209) METHOD 3/TEST Thickness or height of compacted bituminous paving mixture 40 specimens(ASTM 3549) CONCRETE STRENGTH CHARACTERISTICS Rubberized asphalt(add to above rates) +25% Concrete cylinders compression(ASTM C 39)(6"x 12") 25 Compression,concrete or masonry cores(testing only) 40 AGGREGATE PROPERTIES s6 inch diameter(ASTM C 42) Sieve analysis(fine&coarse aggregate,ASTM C 1361 CTM 202) 135 Trimming concrete cores(per core) 20 with finer than#200 wash(ASTM C117) Flexural strength of concrete(simple beam with 3rd pt.loading, 85 to Rattler-smaller coarse aggregate<1,5"(ASTM C 1311 200 ASTM C 781CTM 523) AASHTO T 96) Flexural strength of concrete(simple beam wl center pl.loading, 85 LA Rattler-larger coarse aggregate 1-3"(ASTM C 535) 250 ASTM 2931CTM 523) Durability Index(DI,CTM 229) 200 Nun shrink grout cubes(2",ASTM C 1091C 1107) 25 Cleanness value of coarse aggregate(CTM 227) 210 Drying shrinkage(four readings,up to 90 days,3 bars, 400 Unit weight of aggregate(CTM 212) 50 ASTM C 157) Soundness,magnesium(ASTM C 88) 225 HOT MIX ASHPALT(HMA) Soundness,sodium 650 Compacted AC Resistance to Moist Damage(AASHTO T 283) 2,100 Uncompacted void content--fine aggregate(CTM 2341 130 Hamburg Wheel,4 briquattes(modified)(AASHTO T 324) 900 AASHTO T 304) Gyratory Compaction(AASHTO T 312) 350 Flat&elongated particles in coarse aggregate(CTM 2351 215 Extraction by ignition oven,percent asphalt(ASTM D 6307 150 ASTM D 4791) !CTM 3821AASHTO T308) Percent of crushed particles(CTM 2051AASHT0 T335) 135 Ignition oven correctionlcorrelation values quote Organic impurities fn concrete sand(CTM 213) 60 Extraction by centrifuge,percent asphalt(ASTM D 2172) 150 Specific gravity—coarse aggregate(CTM 206) 100 Gradation of extracted aggregate(ASTM D 54441CTM 202) 135 Specific gr"ly—fine aggregate(CTM 207) 125 Stabilametervalue(CTM 366) 266 Sand Equivalent(CT 2171AASHTO T 176) Bituminous mixture preparation(CTM 304) 80 Apparent specific gravity of fine aggregate(CTM 208) 130 Moisture content of asphalt(CTM 370) 60 Moisture content of aggregates by oven drying 40 Bulk specific gravity—molded specimen or cores(ASTM D 11881 55 (CTM 2261AASHTO T255) CTM 3081AASHTO T 275) Clay lumps,friable particles(ASTM C 142) 175 Maximum density-Hveem(CTM 308) 200 I 2016 RU20115-10 www.leighlongroup.cam PAGE 2 of 4 Leighton I Fee Schedule METHOD $!TEST METHOD $/TEST MASONRY SLAB-ON-GRADE MOISTURE EMISSION KIT Mortar cylinders(2"by 4",ASTM C 780) 25 Moisture test kit(excludes labor to perform test,ASTM E 1907) 60 Grout prisms(3"by 6",ASTM C 1019) 25 REINFORCING STEEL Masonry cores compression,s6"diameter(testing only, 40 ASTM C 42) Rebar tensile test,up to No.10(ASTM A 370) 45 CMU compression to size 8"x 8"x ifi"(3 required,ASTM iv 140) 45 Rebar tensile test,No.11&over(ASTM A 370) 100Rebar bend fast,up#n No. 11(ASTM A 370) 45 CMU moisture content,absorption&unit weight(6 required, 40 ASTM C 140) STEEL CMU linear drying shrinkage(ASTM C 426) 175 Tensile strength,5100,000 pounds axial load(ASTM A 370) 45 CMU grouted prisms(compression test s8"x 8"x 16', 180 Prestressing wire,tension(ASTM A 416) 150 ASTM E 447 C 1314) Sample preparation(culling) 50 CMU grouted prisms(compression test>8"x T x 16", 250 ASTM E 447 C 1314) SPRAY APPLIED FIREPROOFING Masonry core,shear,Title 24(test only) 70 Unit weight(density,ASTM E 605) 60 BRICK Compression(cast for each,5 required,ASTM C 67) 40 EQUIPMENT, SUPPLIES &MATERIALS $1UNIT $/UNIT 114 inch Grab plates 5 each Manometer 25 day 114 inch Tubing(banded) 0.55 foot Mileage 0.54 mile 114 inch Tubing(single) 0.36 foot Nitrile gloves 20 pair 3/8 inch Tubing,clear vinyl 0.55 foot Nuclear moisture and density gauge 88 day 4-Gas meter(RKI Eagle or similar) 120 day Pachometer 25 day Air Flaw meter and purge pump(200 cclmin) 50 day phi/Conductivity/Temperature meter 55 day Box of 24 soil drlv"ample rings 120 box Pholo-Ionization Detector(PID) 110 day Brass sample tubes 10 each Pump,Typhoon 2 or 4 stage 50 day Caution tape(1000-foot roll) 20 each QED bladder pump w1QED control box 160 day Combination lock or padlock 11 each Resistivity field meter&pins 50 day Compressed air tank and regulator 50 day Slip 1 Threaded Cap,2-inch or 4-inch diameter, 15 each Concrete coring machine(s6-Inch-dia) 150 day PVC Schedule 40 Consumables(gloves,rope,soap,tape,etc.) 35 day Slope inclinometer 200 day Care sample boxes 11 each Soil sampling T-handle(Encore) 10 day Crack monitor 25 each Soil sampling tripod 35 day Cutoff saws,reciprocating,electric(Saws All) 75 day Stainless steel bailer 40 day Disposable bailers 12 each Submersible pump,10 gpm,high powered 160 day Disposable bladders 10 each Grunfos 2-inch with controller Dissolved oxygen meter 45 day Submersible pumpttransfer pump,10-25 gpm 50 day DOT 55-gallon containment drum with lid 65 each Survey/fence stakes 8 each Double-ring infillrometer 125 day TedlarO bags 18 each Dual-stage interface probe 80 day Traffic cones(s25)1barricades(single lane) 50 day GEM 2000 130 day Turbidity meter 70 day Generator,portable gasoline fueled,3,500 watts 90 day Tyvek@ suit(each) 18 each Global Positioning System(GPS) 80 day Vapor sampling box 45 day Hand auger set 90 day Vehicle usage 17 hour HDPE safety fence(5100 feet) 40 roll VelociCalc 35 day Horiba U-51 water quality meter 136 day Visqueen(20 x 100 feet) 100 roll In-situ level troll 600(each) 90 day Water level indicator(electronic well sounder) 60 day In-situ troll 9600,low flow water sampling 150 day <300 feet deep well Lockable equipment box 15 day Well service truck usage 200 day Magnahelic gauge 15 day ZIPLEVELO 15 day Other specialized geotechnical and environmental testing&monitoring equipment are available,and priced per site 2016 R112016-10 www.leighlongroup.com PAGE 3 of 4 Leighton I Fee Schedule TERMS & CONDITIONS c Expiration: For all classifications except those subject o Insurance & Limitation of Liability: These rates are to prevailing wage, this fee schedule is effective through predicated on standard insurance coverage and a limit of December 31, 2016 after which remaining work will be Leighton's liability equal to our total fees for a given billed at then-current rates. project, Proposal Expiration: Proposals are valid for at least 30 u Invoicing: Invoices are rendered monthly,payable upon days, subject to change after 30 days; unless otherwise receipt in United States dollars. A service charge of 1'/a- stated in the attached proposal. percent per month will be charged for late payment. Ei Prevailing Wages: Our fees for prevailing wage work c Client Disclosures: Client agrees to provide all are subject to change at any time based upon the project information in Client's possession about actual or advertised date, and changes in California prevailing possible presence of buried utilities and hazardous wage laws or wage rates. Prevailing wage time accrued materials on the project site, prior to fieldwork, and will include portal to portal travel time. agrees to reimburse Leighton for all costs related to Overtime: Overtime for field personnel will be charged unanticipated discovery of utilities and/or hazardous at 1.5 times basic hourly rates when exceeding 8 hours materials. Client is also responsible for providing safe up to 12 hours per 24 hour interval, and 2 times basic and legal access to the project site for all Leighton field hourly rates when exceeding 12 hours in 24 hours or on personnel. Sunday, and 3 times basic hourly rates on California Q Earth Material Samples: Quoted testing unit rates are official holidays. for soil and/or rock (earth) samples free of hazardous a Expert Witness Tune: Expert witness deposition and materials. Additional costs will accrue beyond thesestandard testing unit rates for handling, testing and/or testimony will be charged at 2 times hourly rates listed on disposing of soil and/or rock containing hazardous the previous pages,with a minimum charge of four hours materials. Hazardous materials will be returned to the per day. site or the site owners designated representative at u Minimum Field Hourly Charges- For Field Technician additional cost not included in listed unit rates. Standard Special Inspectors or Material Vesting Services: turn-around time for geotechnical-laboratory test results is 10 working days. Samples will be stored for 2 months, 4 hours: Cancellation of inspections not canceled by after which they will be discarded. Prior documented 4:00 p.m, on preceding day (No charge if notification is required if samples need to be stored for a cancellation is made before 4:00 p.m. of the longer time. A monthly storage fee of$10 per bag and preceding work day.) $5 per sleeve or tube will be applied. Quoted unit rates 8 hours: Over 4-hour working day, or begins before are only for earth materials sampled in the United States, noon and extends into afternoon There may be additional cost for handling imported © Outside Direct Costs: Heavyequipment,subcontractor samples, fees and expenses, project-specific permits and/or Construction Material Samples: After all designated licenses, project-specific supplemental insurance, travel, 28-day breaks for a given sample set meet specified subsistence, project-specific parking charges, shipping, compressive or other client-designated strength, all reproduction, and other reimbursable expenses will be 'hold" cylinders or specimens will be automatically invoiced at cost plus 20%, unless billed directly to and disposed of,unless specified in writing prior to the 28-day paid by client. break, All other construction materials will be disposed of after completion of testing and reporting. 2016 R112016-tO www.leighlongroup.com PAGE 4 of 4 EXHIBIT C PROOF OF INSURANCE 2671103I858-aaat 7630550.2 a07126116 —3— PSA 47—Agreement with Leighton Consulting,Inc,