2016/08/22 Leighton Consulting, Inc. CIP15-04 Newport Rd Widening from Haun Rd to Bradley Rd CITY OF MENIFIEIE
PROFESSIONAL SERVICES AGREEMENT
Newport Road Widening from Haun Road to Bradley Road, CIP 15-04
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and effective
this 22th day of August, 2016 ("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 terms 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.
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SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed TWENTY TWO THOUSAND
SIXTY FIVE DOLLARS AND ZERO CENTS ($22,465.00) 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. l 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 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
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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 (1 0%) 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.
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
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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 Iess 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 ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate Iimit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
4.2.2 Minimum sco a Ofcavera e. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, S, and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
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a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,employees,agents,
and volunteers.
4.3 Professional Liability Insurance.
4,11 General requirements. Consultant, at its own cost and expense, skull
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($I,QOO,DQU) 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 date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (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.
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.
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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 Widening from Haun Road to Bradely Road,CIP 15-04. 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.
4.4.3 Notice of Reduction in or Cancellation_o_f 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 termination 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
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
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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 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 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, Iiabilities, 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
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.
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5.3 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 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 mariner 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 andlor employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governiny-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
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
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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 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 S. 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
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
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8,5 Amendments. The Parties may amend this Agreement only by awriting 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.
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
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
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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 Property, 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
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.
26711031958.0001
76305503 OM6116 — —
N5A 07-Agrccmcm wilit Lcighloa ConsuNing,Inc
10.2 Apl2licable 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_ 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.
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:
City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: Carlos E. Geronimo
2671/031858.0001
7634550 2 a07/26116
12- PSA 07-Agreement wide Leighton Co quhing,It1c.
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
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 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 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.
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.
267l031859•0001
763055d.2 a07QGl]6
-1 3^ PSA#7-Agreement wish Leighton Consulting,Inc.
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 volwnteer 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 of this 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]
16711031858.0001
7{,30550.2 07126/l
14- PSA 97-A6ruomvnt wilh Lejghlnn Coij%Oj inb,Inc.
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY NI E CONSULT
M
Robert A. Jo nson, City Manager Thomas C. Benson, Jr., P silent an C O
Attest•
erranee M. Brennan, Chairman of the Board
[Note: 2 officer's signatures required if
S h A. Manwarin , City Clerk Consultant is a corporation]
7ed as t Form:
y T. Melchin , ity Attorney
26711031858-0041
7634554.2 a47126115
1 PSA#7•Agreement widt Leighton Comulling,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), PMP 16-01,
Per Section III of the RFP issued on July 14,2016
EXHIBIT A
2671/011858-0001
7630550,2 uC7126116 PAGE 1 of 1 P5A 47-Agreement with Leighton Consulting,Iee_
SECTION III -SCOII { OF, WORK
A. PROJECT BACKGROUND
PMP 16-01 -NEWPORT ROAD REHABILITATION from Bradley Road to M r ieta 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. It will be
awarded in August 2016 and has a 45 working day schedule.
CIP 15-04-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, 5ubgrade, 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.
c. During the placement of A.C., the consultant shall test and provide results/recommendations in a timely
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.
EXHIBIT B
CONSULTANT FEE SCHEDULE
Total Contract Cast Not to Exceed $22,065.00
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 Menif'ee.
267 1/03 1 958.0001
7630350.2 s07126l16 -2- FSA#7-Agreement with Leighton Conxuttm5.he,
Leighton Consul[ing, Inc. Tuesday, July
A LEtGFITON GROUP COMPANY28, 2016
Opportunity No_ TE16-117b
City of Menifee, Engineering Department
29714 Haun Road
Menifee, CA 92586-6540
Attention: Mr. Carlos E. Geronimo, PE
Senior Civil Engineer
Subject: Fee Proposal for Material Testing Services for Project No. CIP 15-04
Newport Road Rehabilitation Project
From Haun 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 PMP 16-01 Newport Road
Rehabilitation Project (from Murrieta 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 Rill 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 d❑ not hesitate to contact us at (866) L1rIC;ITON, or
directly at the e-mail addresses and phone extensions listed below.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
Simon 1. Saiid, PE, GE Foe,
eth�ECoA,. E, GE
Principal Engineer ct Manager I Sr. Project Engineer
Extension 8013, ss2yd0leightongrota�;com nsion 8925, kcox lei htonconsultin _cam
Attach: (1)cost table(1)Amended Fee Schedule for this project
41715 Enterprise Circle N_,Suite 103..Temecula,CA 92590-5661
951.296.0530 Fax 951.296.0534 u www.leightonconsuitfng.com
Sails/Materials Testing
Table 1b Leighton Consulting,Inc.
CIP 15-04 Newport Road Widening Project(Bradley Rd to Haun Rd) proposar#T916-117b
Project Setup Reviawlpuality Planning
Senior Project Engineer/Geologist!Salen118t Review planslM_eet with City $176 1 hour q S 704.00
Starr Engineer/Geofoglstlsalantlat Review andPreoon•meeling 51261hour v 4 5 S0a,00
Prolecl Administml:DrlvYOrd pm esso_r _ __ PreJan set-up S72 !hour 2 S 144,00
4perstion5Manager Review lnixdesigns S153 1 hour 4 5 612.00
SUBTOTAL ; 1,994.00
Gootech Totaling During Con5tructlon-Labor
Field 50151 Materials Tegler(PVYj _ 20 to 24 vinite $112 1 hour 85 5 10.762.00
Senior Projed Engineer l Geologist I8cientlst PMI Rav(aw--� 5176/h-OW 8 S 1,408.00
VehTde Usage S17 1 each — 104 $ 1,78411.00
SUBTOTAL $ 15,928.00
Laboratory resting -sous
-$love Only 1'fi inch to#200:(A$TM 0 t3813lGTM 202)- --- - - -- - --- -_$j35 too 2 5 270.00
E ansion Index(El,ASTM D4828)__ ;130 142 _ 2 S 260.00
Sand Equivafenl(SE.ASTM 0 24181CTM 217) - - - - - - ---— ---- S1t7S l ea 2 $ 210.00
Modified proctor compaction(ASTM 0165714 points - �- T� S
-4 inch diameter mold(Methods A&B) 5160 1 e8 8 $ 480.00
R-Value(CTM 30t1 unheated - -- S310 1 ea 1 -- — --310.00
---- ��--- --.. SUBTOTAL ; i,S30.00
Laboratory T*aiting -HMA
Exaaetlon by Ignition oven,percent asphall(ASTM D 63071CTM 31121AA5HTO T308) $160 1 ea 3 $ 450.00
Gradation of extracted aggregate(ASTM 0 54444'rm 2a2) S135 1 an 4 ; 540.40
8labllomater value{CTM 386j _ $285 Ina 1 S 265.00
Clean"value of merge aggregate(CTM 227) '--— - — - ----- $270 1 as ---- 1 6 210.00
Dura_b81ty Index(DI,CTM 229) $_20_0 1 ea 1 $ 200.00
$a nd Equivaleflt(CT 217lAA$t-iYO T 1�6� —- - - - $IDS/ea --- - --1 S 105-00
Maxhum denaltt-Hveem(CTM 308) __ 8200/as T 2 S_ 400.00
Prclt-up&dellvery-(weekdays,per 16p,c50 mile radius from Lelphtan office) Us!on --1 8 85.0_0
Sli13TOTAL $ 2,255.00
Office Support/PNI 1 OC-labor
Senior Prujed Engineer!Geologist I Sclerdlst PM1 Review Reports $176 1 hour 6 S 1.056.00
Staff Engineer I Geologist IScientist PrepamReports $7261hour 6 S 78600
PrajeetAdminlslratorlWordProcessar bflspalch/Re�artsdietrlhul;on,W $7211,our 8 S b76,00
.._—___. --- --- - ---..
SUBTOTAL $ 2,888.00
TOTAL.ESTIMATED COST S 22,065.00
2016 PROFESSIONAL FEE SCHEDULE
Leighton
CLASSIFICATiON $1HR CLASSIFICATION $1HR
Technician 1 77 Project AdministratorMord ProcessorlDispatcher 72
Technician Il 1 Special Inspector 86 Information Specialist 99
Senior Technician i Senior Special Inspector 95 CAD Operator 108
Prevailing Wage(Field Soils!Materials Tester)" 112 Gis Specialist 122
Prevailing Wage(Building 1 Construction Inspeclor) 117 Staff Engineer Geologist/Scientist 126
Prevailing Wage(Source Inspector,NDT,and Soil Remedlation 00)" 131 Senior Staff Engineer I Geologist I Scientist I ASMR 135
System Operation&Maintenance Specialist 126 Operations 1 Laboratory Manager 153
Non Destructive Testing 126 Project Engineer I Geologist!Scientist 153
Deputy Inspector 128 Senior Project Engineer/Geologist I Scientist 1 SMR 176
Field I Laboratory Supervisor 126 Associate 124
Source Inspector 1 122 Principal 212
Source Inspector II 126 Senior Principal 248
Source Inspector III 131 'See Prevailing Wages in Terms and Conditions
GEOTECHNICAL LABORATORY TESTING
METHOD WEST METHOD $!TEST
CLASSIFICATION&INDEX PROPERTIES California Rearing Ratio(GBR,ASTM D 1883)
Photograph of sample 10 - 3 point Sot]
Moisture content(ASTM D 2216) 20 - 1 point 185
Moisture&density(ASTM D 2937)ring samples 30 R-Value(CTM 30 1)untreated 310
Moisture&density(ASTM D 2937)Shelby tube or cuffing 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
Atterberg limits(organic ASTM D 2487 1 431 8) 180 Electrical resistivity—single point—as received moisture 45
Visual classification as nan-plastic(ASTM D 2488) 10 Minimum resistivity 3 moisture content points(ASTM G 1871CTM 643) 90
Particle size pH+minimum resistivity(CTM 643) 130
- Sieve only 1'/2 inch to#200,(ASTM D 69131CTM 202) 136 Sulfate content-gravimelric(CTM 417 B Part 11) 70
- Large sieve—6 inch to#200(ASTM 1)69131CTM 202) 175 Sulfate screen(Hach(D) 30
- Hydrometer only(ASTM D 422) 110 Chloride content(AASHTO T2911CTM 422) 70
Sieve+hydrometer({3'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 D 8541CTM 207) 125
Specific gravity-coarse(ASTM C.1271CTM 206)>#4 retained 100 SHEAR STRENGTH
- Total porosity-on Shelby tube sample(calculated from density & 166 Pocket penetrometer 15
specific gravity) Direct shear(ASTM D 3080,mod_.3 points)
- Total porosity-on other sample 155 - Consolidated undrained-0.05 inch/min(CU) 285
Shrinkage limits(wax method,ASTM D 4943) 126 - Consolidated drained-a0,05 inchlmin(CD) 345
Pinhole dispersion(ASTM D 4647) 210 - Residual shear EM 1110-2-1906-IXA 50
Dispersive characteristics(double hydrometer ASTM D 4221) g0 (price per each additional pass after shear)
As-received moisture&density(chunklcarved samples) 60 Remolding or hand trimming of specimens(3 points) 90
Sand Equivalent(SE,ASTM D 2419ICTM 217) 105 Oriented or block hand trimming(per hour) 65
COMPACTION&PAVEMENT SUBGRADE TESTSSingte point shear 105Torsional shear(ASTM D 6467)ASTM D 7608) $20
Standard proctor compaction,(ASTM D698)4 points: CONSOLIDATION&EXPANSiONISWELL TESTS
- 4 inch diameter mold(Methods A&B) 160
- 6 inch diameter mold(Method C) 215 Consolidation(ASTM D 2435) 195
Modified proctor compaction(ASTM D 1557)4 points - Each additional time curve 45
- 4 inch diameter mold(Methods A&8) 220 - Each additional load/unload wto 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 load/unloads 290
Relative compaction of untreated/treated soils/aggregates(CTM 216) 250 wlo time curves)
Relative density(0.1 ft mold,ASTM D 4253,D 4254) 235 Single load swellkollapse-Method B(ASTM D 4546-8,seat,load& 105
inundate only)
2016 R1/2016-10 www.leighlongroup.ccm PAGE 1 of 4
Leighton I Fee Schedule
METHOD $/TEST METHOD WEST
TRIAXIAL TESTS HYDRAULIC CONDUCTIVITY TESTS
Unconfined compression strength of cohesive soil 135 Triaxial permeability In flexible-wall pemneameter with backpressure 310
(with stresslstrain plot,ASTM D 2166) saturatlon at one effective stress(EPA 91001ASTM D 5084,
Unconsolidated undrained triaxial compression test on cohesive 170 falling head Method C)
soils(USAGE 0 test,ASTM D 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,USAGE 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) SOIL-CEMENT
Consolidated drained triaxial compression test(CD,USAGE 5 test),
With volume change measurement-Price per sail type below EM Moisture-density curve for soil-cement mixtures(ASTM D 558) 240
1110-2-1906(X)' Wet-dry durability of soil-cement mixtures(ASTM D 559)' 1,205
- Sand or silty sand soils(per confining stress) 375 Compressive strength of molded soil-cement cylinders(ASTM 0 60
- Silt or clayey sand soils(per confining stress) 500 1633)per cylinder'
Clay soils(per confining stress) 705 Soil-cement remolded specimen(far shear strength, 235
- Threestage triaxial(sand or silly sand soils) 655 consolidation,etc.)'
- Three-stage triaxial(silt or clayey sand soils) 875
- Three-stage triaxial(clay soils) 1,235 'Compaction(ASTM D 558 maximum density)should also be
Remolding of test specimens 65 performed—not included in above price
CONSTRUCTION MATERIAI-S LABORATORY TESTING
SAMPLE TRANSPORT $/TRIP METHOD $/TEST
Pick-up&delivery 85 Theoretical maximum density and specific gravity of HMA 130
(weekdays,per trip,<50 mile radius from Leighton office) (CTM 3091AASHT0 T209)
METHOD $/TEST Thickness or height of compacted bituminous paving mixture 40
specimens(ASTM 3549)
CONCRETE STRENGTH CHARACTERISTICS
Concrete cylinders compression(ASTM C 39)(6"x 12") 25 Rubberized asphalt{add to above rates) +25°Ia
Compression,concrete or masonry cores(testing only) 40 AGGREGATE PROPERTIES
s6 inch diameter(ASTM C 42) Sieve analysis(fine&coarse aggregate,ASTM C 136/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 LA Rattler-smaller coarse aggregate<1.5"(ASTM C 1311 200
ASTM C 781CTM 523) AASHTO T 96)
Flexural strength of concrete(simple beam w/center pt.loading, 85 LA Rattler-larger coarse aggregate 1-3"(ASTM C 535) 250
ASTM 2931CTM 523) Durability Index(DI,CTM 229) 200
Non shrink grout cubes(2",ASTM C 109/C 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 234/ 139
Hamburg Wheel,4 briquettes(modified)(AASHTO T 324) 900 AASHTO T 304)
Gyratory Compaction(AASHTO T 312) 350 Flat&elongated particles in coarse aggregate(CTM 2351 216
Extraction by ignition oven,percent asphalt(ASTM D 6307 150 ASTM D 4791)
/CTM 382/AASHTO T308) Percent of crushed particles(CTM 205/AASHTO T335) 135
Ignition oven correction/correlation values quote Organic impurities in 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 5444/CTM 202) 135 Specific gravity—fine aggregate(CTM 207) 125
Stabilometer value(CTM 366) 265 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
2016 R112016-10 www,leightengmup,com PAGE2 af4
Leighton I Fee Schedule
METHOD $rrEST METHOD KEST
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 16"(3 required,ASTM C 140) 45 Rebar tensile test,No. 11&over(ASTM A 370) 100
CMU moisture content,absorption&unit weight(6 required, 40 Rebar bend test,up to No.11(ASTM A 370) 45
ASTM C 140) STEEL
CMU lineardrying shrinkage(ASTM C 426) 175 Tensile strength,5100,000 pounds axial load(ASTM A 370) 45
CMU grouted prisms(compression test!8"x 8"x 16", 180 Prestressing wire,tension,ASTM A 416) 150
ASTM E 447 C 1314) Sample preparation(cutting) 50
CMU grouted prisms(compression test;-8"x 8"x 16", 250 SPRAYAPPLIED FIREPROOFING
Masonry o ore-shear,Title 24(test only) 70
ASTM E 4 C 1314) Unit weight(density,ASTM E 605) 60
BRICK
Compression(cost for each,5 required,ASTM C 67) 40
EQUIPMENT, SUPPLIES &MATERIALS
$/UNIT $/UNIT
1/4 inch Grab plates 5 each Manometer 25 day
114 inch Tubing(banded) 0,55 foot Mileage 0.54 mile
114 inch Tubing(single) 0.35 foot Nitrile gloves 20 pair
318 inch Tubing,clear vinyl 0.55 foot Nuclear moisture and density gauge 88 day
4-Gas meter(RK1 Eagle or similar) 120 day Pachomeler 25 day
Air flow meter and purge pump(200 cclmin) 50 day pHIConductivity/Temperature meter 55 day
Box of 24 soil drive-sample rings 120 box Photo-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 w/QED control box 160 day
Combination lock or padlock 11 each Resistivity Field meter&pins 50 day
Compressed air tank and regulator 50 day Slip/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
Core 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 Oro nfos 24Rch with controller
Dissolved oxygen meter 45 day Submersible pump/transfer pump,10-25 gpm 50 day
DDT 55-gallon containment drum with lid 65 each Survey/fence stakes 8 each
Double-ring Infiltromeier 126 day Tedlar@ bags 18 each
Dual-stage interface probe 80 day Traffic cones(s25)1barrtcades(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
HOPE safety fence(s100 feet) 40 roll VelociCalc 35 day
Holba U-51 waterquality meter 135 day Visqueen(20 x 100 feet) 100 roll
In-situ level troll 500(each) 90 day Water level indicator(electronic well sounder) 60 day
In-situ troll 9500,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 ZIPLEVEL@ 15 day
Other specialized geotechnical and environmental testing&monitoring equipment are available,and priced per site
I
2016 R112016-10 www.leightongroup.com PAGE 3 cf 4
Lei ghlon i Fee Schedule
TERMS CONDITIONS
o Expiration: For all classifications except those subject m 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.
m Proposal Expiration: Proposals are valid for at least 30 o 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'/2-
stated in the attached proposal. percent per month will be charged for late payment.
o Prevailing Wages: Our fees for prevailing wage work ❑ Client Disclosures: Client agrees to provide all
are subject to change at any time based upon the project information in ClienVs 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 relaied 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 v Earth Material Samples: Quoted testing unit rates are
official holidays, for soil and/or rock (earth) samples free of hazardous
a Expert Witness Time: Expert witness deposition and materials. Additional costs will accrue beyond these
testimony will be charged at 2 times hourly rates fisted on standard testing unit rates for handling, testing and/or
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 owner's designated representative at
o Minimum Field Dourly Charges: For Field Technician additional cost not included in listed unit rates. Standard
Special Inspectors or Material Testing 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: Heavy equipment,subcontractor samples.
fees and expenses, project-specific permits and/or o 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 R112016.10 www.leighlongroup.com PAGE 4 of 4
EXHIBIT C
PROOF OF INSURANCE
247I M 1853-0001
7630550.2 n07126116 FSA u7-Agrccmcnt with Lciglttou Consulting.Inc,