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2019/02/01 MTGL, Inc. Materials Testing CIP 19-01, Miralago & Lake Pointe Resurfacing
CITY OF MENIFEE PROFESSIONAL SERVICES AGREEMENT MATERIAL TESTING SERVICES FOR PMP NO. 19-01: MIRALAGO AND LAKE POINTE STREET RESURFACING PROJECT THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and effective this 1� day of 2019 ("Effective Date") by and between the CITY OF MENIFEE, a California municipal corporation, ("City") and MTGL, 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 February 1, 2019 and shall end on June 30, 2019 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City's right to terminate this Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant 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. 26711031858-0001 7630376.2 a01130/19 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. SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed EIGHT THOUSAND FOUR HUNDRED SEVENTY SEVEN DOLLARS AND ZERO CENTS ($8,477.00)notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. 2.1 Invoices. Consultant shall submit invoices monthly during the 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 A; f. Receipts for expenses to be reimbursed; g. The Consultant Representative's signature. Invoices shall be submitted to: City of Menifee Attn: Accounts Payable 26711031958-0001 7630376.2 a01/30119 -2- 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 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 A. 2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and 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 Iocation, 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. 2671/031858-0001 7630376.2 a01130/19 -3- SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant's compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00)disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage,for risks associated with the Services contemplated by this Agreement,TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-awned automobiles. b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. 2671/031858-000I 7630376.2 a01130119 -4- Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. C. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: 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 Iy nsurance. a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS (S1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. if the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City. b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive 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 submitted to City prior to the commencement of the Services under this Agreement. 2671/031858-0001 7630376.2 a01130Y19 -5- 4.4 All Policies Requirements. a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than AXII and admitted in California. b. 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: MATERIAL TESTING SERVICES FOR PMP NO. 19-01: MIRALAGO AND LAKE POINTE STREET RESURFACING PROJECT. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29714 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. C. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if. (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or(3) the deductible or self-insured retention is increased. d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers,employees,agents,or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion 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. e. 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 2671/031858-0001 763 03 76.2 a01130119 -6- 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. f. 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. g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City's interests are otherwise 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, 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 1/03 1 95 8-000 1 7630376.2 a01/30/19 -7- 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 for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term "design professional" as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects,registered professional engineers,professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. 5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City's sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. SECTION 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term 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 PERS benefits. SECTION 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 26711031858-0001 7630376.2 A 1/30/14 '8- 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 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 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. 76711031858-0001 n 7630376.2 a0tl30119 —9— 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. 8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant's proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. 8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement. 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. 2671/031858-0001 7630376.2 a01/30119 1 0- 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 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 (SI0,000.00), 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. 2671/031858-0001 7630376.2 a01/30119 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. 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 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 Assi s. 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 Steven Koch, Sr. Vice President("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 Geronimo, Sr. Civil Engineer ("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: 26711031858-0001 7630376.2 a01/30/19 -12- MTGL Attn. Steven Koch, Sr. Vice President 2992 E. La Palma Avenue, Suite A Anaheim, CA 92806 Any written notice to City shall be sent to the Contract Administrator at: City of Menifee 29714 Haun Road Menifee, CA 92586 Attn: Carlos Geronimo, Sr. Civil Engineer 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 Inte agr tion. 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.I3 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. 26711031858-0001 76303762 A 1/30119 -1 3- 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. 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 Nonliabilit.. of 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 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] 267 V03185 B-0001 7630376.2 aQ 113D!19 -1'4- IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date. CITY OF MENIFEE CONSULTANT Armando G. Villa, City Manager Michael J Lando , President • C4SarManwar4�g"titJy�LC l Steven Koch, Sr. Vice President Appr ed s to Form: Je ey T. WIching, City Attorney [Corporation must have two signatures] -671/031858-0001 7630376.2 A113011,) -15- EXHIBIT A SCOPE OF SERVICES Scope of services shall include comprehensive material testing services for the PMP 19-01 (Miralago and Lake Pointe Street Resurfacing project as detailed in the following pages for a not to exceed amount of EIGHT THOUSAND FOUR HUNDRED SEVENTY SEVEN DOLLARS AND ZERO CENTS ($8,477.00). 2671/031858-0001 7630376.2 a00100160 -2- Arr;7N, Geotechnicol Engineering Construction inspection Materials Testing Environmental "Providing Volue in Ouaily Services" LOCATION February 7,2019 MTGLI#P-19-098 RIVERSIDE 14467 Meridian Parkway Mr.Carlos E.Geronimo,P.E. Building 2A Senior Civil Engineer Rlverside,CA 92519 Capital Improvement Projects(CIP) T:951,653.4999 City of Menifee F:951.653.4665 29714 Haun Road ANAHEIM Menifee,California 92586 2992 E.La Palma Avenue Suite A Subject: City of Menifee—PMP 19-01 Miralago and Lake Pointe Street Anaheim,CA 92806 Resurfacing Material Testing T:714.632.2999 F:714.632.2974 Dear Mr.Geronimo: ELSEGUNDO In response to your request for proposal, MTGL is pleased to submit our proposal for the subject 222 N.Sepulveda BoLil evard Suite 200 mentioned. EI Segundo,CA 90245 T:310,364,5213 MTGL is a Small Business and strives to supply client satisfaction. MTGL is a certified Disadvantaged F:310.364.52n1 Business Enterprise (DBE) with an extensive history of providing sound, economic, and practiced technical services.MTGL is registered as a public works contractor with the State of California under DIR SAN DIEGO 1000006646.MTGL has a clear understanding of Safety Compliance on all projects,with policies in place 6795 Ferris Square that provide a desirable EMR Rating of 0.69. Suite C San Dego,CA 92121 MTGL's laboratories operate in strict accordance with ISO 17025 certified by: Caltrans, CCRL, T:858.537.3999 ASTM/AASHTO,USACE,and Division of the State Architect. Our inspectors and technicians are Multi- P 858.537.3990 Certified Our inspectors and technician are certified with ICC,AWS/CWI,ACI,Caltrans, Nuclear Gauge Safety,DSA and NI CET. ANAHEIM/RIVERSIDE It is MTG Cs goal to meet the quality and value expectations for the City of Menifee with efficiency and DISPATCH cost savings effectiveness.We thank you for considering MTGL and for reviewing our submittal. 800.491.2990 SAN DIEGO DISPATCH Should you have any questions or require additional information,please do not hesitate to contact us. 888JA4.5060 Respectfully Submitted, MTGL,Inc. www.mtglinc.com Z— A M/WBEISBEIDSEICBE *Steen FrankMelo DIR 1000006646 Senior Vice President Senior Project Manager/Project Engineer � J 2671/031958-0001 76-10376.2 a00/00/00 -3- Gectechnical Engineering I Construction Inspection I Materials Testing I Environmental ESTIMATE City of Menifee - Miralago and Lakepoint Street Resurfacing Phaw. .; Breakdown of Major Task(s);Description of Notes/ Services Frequency Estimate Unit Rate Total Preconstruction Services Attend Preconstruction Meeting 2 Hour $125 $250 Attend Preconstruction Meeting Subtotal $250 Grind and Overlay Field Technician-Assume Two Placement Shifts 2 Shift 16 Hours $92 $1,472 Observe placement of materials,sample materials Asphalt Concrete Plant Inspection 1 Shift 8 Hours $92 $736 Observe production of materials,sample materials Slurry Seal Field Technician-Assume Three Placement Shifts 3 Shift 24 Hours $92 $2,208 Observe placement of materials,somple materials Structural Concrete Operations Field Technician-Assume 1 Full Day or Two Half Shifts 1 Shift 8 Hours $92 $736 Observe placement of materials,sample materials Subtotal $5,652 Offshe:Laboratory Tessin¢Services Binder Content 1 Test $160 $160 Sand Equivalent 1 Test per 1 Test $100 $100 Gradation Mix 1 Test $100 $100 Hveem Unit Weight and Stability 1 Test $240 $240 Slurry Seal and Aggregate related laboratory tests Binder Content 1 Test per Mix 1 Test $160 $160 Sand Equivalent Test per 3 rest $100 $300 Gradation 1 Slurry 3 Test $100 $300 Wet Track Abrasion Test Shift 3 Test $180 $540 Slurry Sea!and Aggregate related laboratory tests Concrete Compressive Strength Cylinders 1 I Set per 4 C P Y Mix Y $30 $120 Sample Pick-Up and Delivery 1 1 Trip $75 $75 Structural Concrete Testing Subtotal $2,095 Field Testing Equipment Nuclear Density Gauge 1 Per Shift 2 Each $65 $130 Subtotai $110 2671/031858-0001 7630376.2 a00/00100 4- Alik Geotechnical Engineering I Construction inspection I Materials Testing Environmental Engineering,Administration Hour Principal Engineer-Engineering/Administration 0 .50 per 4 Hour $100 $350 Shift Project administration,project deliverables,review test reports,correspondence Subtotal $350 TOTALS: OPTIONAL SERVICES Preconstruction Services Materials Reviews Hour $125 Construction meetings,materials reviews and suitability analysis Final Materials Report Report $650 Provide final materials and inspection report Roadway/Civil/Source Inspector Hour $105 Inspection services Notes: 1 Cost estimate excludes delays,failures,re-work,and other related unforeseen conditions 2 Estimate is based on 11 slurry placement shifts.Services will be charged on a Time and Materials basis at the unit rates noted above. 3 Additional services that are not outlined above will be charged per our Standard Fee Schedule 267 V03185 8-000] 7630376.2 a00100I00 '$' Corporate Office: Z992 E-L4 Palma Avenue,Suite A Orange County Anaheim CA 92806 Tel (714)632-2999 Fax (714)632.2974 Branch Moos, San Diego/Imperial 6295 Ferris Square,Suite C Sari Diego,CA 92121 Tel (858)537-3999 Fax:(858)537-3990 Inland Empire 14667 Mendian Parkway,Buildmg 2A Riverside,CA 92518 Tel (951)653.4999 Fax (951)653-4666 Contracts: omtracts@m4mc.com SCHEDULE OF FEES 2018 -2019 MTGL, Inc. is a woman-owned, minority-business-enterprise. Our facilities have been structured and professl onal ly staffed to provide our clients with comprehensive services In the field of Constructlon Inspection and Testing,Geotechnical Engineering,Engineering Geology,and Environmental Services. GEOTECHNICAL ENGINEERING Plarating and feasibility studies,preliminary and final design,grading and foundation plan reviews,observation, testing,verification and engineering consultation during consSUction- CONSTRUCTION INSPECTION Field inspection by registered deputy inspectors. ROOFING INSPECTION Field inspection by qualified technicians. ENGINEERING INVESTIGATIONS Evaluation of existing and damaged structures. PAVEMENT MANAGEMENT Design,failure investigations,remedial measures. CONSTRUCTION ENGINEERING Materials,specifications,quality assurance,expert testimony. PHYSICAL TESTING Construction materials,structural systems. NON-DESTRUCTIVE EXAMINATION Ultrasonic,magnetic particle,dye penetrant. RESEARCH Product and process development,reliability testing. ENV IRONMENTAL/INDUSTRIAL HYGIENE Asbestos&lead-paint based consultation,project design, monitoring&management,remediation planning environmental site assessments,thermographic imaging, indoor air quality testing,mold screening&consultation, water intrusion&investigation 2671/031858-0001 7630376.2 a00100/00 -6- AillhflA ,jjlllllLjJ_Lf_jL_&. Geotechnical Engineering I Construction Inspection MateriaisTesting Environmental PROFESSIONAL SERVICES ESZNIP_MOT USAGE Pnnapat Engineer lGeologist SiM00 Per How Air meter SZ000 Per Day Registmz d OwI Engineer/Geologist S 120 00 Per How Coning Equipmmt $50.00 Per Day ReDsttred Geutechnucal Engineer $150 00 Per Haw Dye Penetrant Equipment $30 00 Per Day Staff Engineer l Geologist $95 00 Per Hour Emissivity TestlGt $4000 Each Quality Control Manager $95.00 Per Hour Ground Rod Equipment 540.00 Per Day Reject Manager $90.00 Per Hour Jacking Assembly 52500 Per Day Inspection I Laboratory Supervisor $95 00 Per How M agottic Partrde Equipment $50 00 Per Day Expert Vhtnev,Legal Consultabon,and Court Appearances $350.00 Per How M obtle Soils Laboratory $40 00 per Day (MiniM=4 Hews) Nuclear Den sity Gauge $7000 Per Day Dra&spenon $70.00 Per How Pachormeter S50.00 Per Day Word Processing $50 00 Per How Scha nch Haauner $30.00 Per Day Renew of files for processing affidantr and certafican ens $90 00 Per How Skadmore-WdW r,Bolt Cell S40 00 Per Day required by various Governmental Agencies Torque Wrench 515.00 Per Day Ultrasonic Equipment 340.00 Per Day ENVIRONMENTAL SERVICES Certified Asbestos Consultant $105.00 Per How Certified Asbestos Inspector $95 00 Per How 0-60,000 Pound Marhme(Uraversal) 5125 00 Per Hoag Certified Asbestos Project Manages $105.00 Per Her 800,000 Pound Machine(Utnvtrsal) 8200.00 Per How Cerrtfied Asbestos Project Designer 6105.00 Per How CnUitd Site SurvallanceTerhracian $7500 Per Hour SPECIWI4PICK-UP On-Site 582 Certified Mimscupia $75.00 Pei How Marta/Gmut/Grout CubeeCorea'Fireproofing/ $40.00 Per Trip Certi fled Lead bngpectw/Assessor $7500 Per How RebadEpoay Prisms Standard Sample Certi Sed Lead Project Monitor Mau Per How Ted=ci an for Specimen Rdc Up 175 00 Per How Cer¢fied Industrial Hygienist 5190.00 Per Hour Before 6 AMIAfter 5 pm M-Fc All Day Sat&Stan(Perhr.2 hr noon) Eovirosmoental Site Assessmet(Phase l) $105.00 Per Hour Fnwonmerstal Site Assessment(Phase 11) $10500 Per Haut Industrial Hygaeist 5110.00 Per How JOMITE TRAILER MOOLE OR ON S[iE LABO RATORI' (Pnces based on 7 Hour Minimum&Tat Samples Additrmal) Mobile laboratory for Raped Set Concrete(Per 12 hr shn0 max) $325 00 Day FIELD INSPECTION PERSONNEL All others by Quote Special Inapechon $92.00 Per How Batch plant(Concrete-sir Asphalt) $92.00 Per How ,LABORATORY TE"BATCH,;,RCONCRETL CE�AND MORTAR PrtamssedrNst Tensioned Inspector 392 00 Per Haar Campremm Test of Cylinders Made and C 192, $25 00 Each Masomylnspectar $92.00 PerHmar Tested in Lab oratory C35 Structural StmMelding Inspe ter $92 00 Per How Density of Structural Lightweight Concrete C 567 $86 00 Each Maroc fing Inspector $92.00 Per How M aide in the Labwatory.Equilibrium or Pull-Out Test on Embedded Bolts/Anchors and Dowels $92.00 Per Hour Oven Dry Method SoddAsphalt Technician $92 00 Per How Fl«ural Berns Made and Tested in C 197, $85 00 Each File Dnvuig Inspector $92 00 Per How Labotatary Vid'alS' C79 Multi-Certified Inspector $95 00 Per How Flexural Beams Made and Tested in C 192, $95 00 Each L A Deputy Grading Inspector $92 on Per Hour Laboratory 6'x6'x30' C 293 Gumte/Shotcrete Inspector $92 00 Per How Modulus of©asticity Cylinders Made and C 191 $240.00 Each Pachometer/Sdmndt Hamme/Flcomete/Porgm $92 00 Per Haw Tested in Laboratory C496 Concrete,Masonry,Asphalt Caring ar Sawing 3160 00 Per How SphtangTesde Cylimcs Made and C 192, $100.00 Ewh Fl nor FlatacsI Levelness(Inc.Equipment) $1,200.00 Per day Tested in Laboratory C496 Eamsamty $92 On Per Hour Trial Batch-Laboratory C 192 $450 OC Each Ground Rod Test $92.00 Per How Tna)Batch-Packaged Dry Concrete Including C 397, $800 00 Each Veificatioo of Shan,Air Content Plastic Unit C192 6HOP INSPECTION PERSONNEL Wt.,6 Cyl for Camp Strength Strud"Steel Fabrication Inspector $94 00 Per How Batch Plant Quality Control TednaciaN7nspector $94 00 Per How SOILS AND AGGREGATE TESTS Pipe Fabricator Inspector $94.00 Per Hour Abrasion-LARaula C131 $175.00 Each Pre-Cast Concrete Inspector/PTI $10800 Per How Ahrasion-LA Rattler C535 $185.00 Each Check Point(Mastication Density) S70.00 Each NON-DESTRUCTWE TESTING PERSONNEL Clay Lumps;Fe able Particles C142 $165.00 Each NDEUltrasomc Testing Tecbmciea $9.400 Per How GleaunessValue Cr227 $230.00 Each NDE Magnetic fY[Cc1c7estingTechnician $94.00 PtrHow Coal&Lignite C123 $100.00 Each NDE Dye Penetrant Testing Ttchmoatn $94.00 Per Haw Consolidation-Time Rate D2435 9275.00 Each Combivanoo NDE TechnicianfWelthng Inspector $108 00 Per How 2671/031858-0001 7630376.2 s00/00/00 -7- 00/00/009 Z'9LF0E9L I00"SSIMILW WR2 00 SES L93 aarydny 3o mpyow gae3 00 S(S L93 m0udmsgv30 ORd lanml qn3 0o-SS$ L03 smaaow glsm 0awjlwo®3 ZOZ YU0 g3m3 00 60S 03 aauaosaa0093 ZBE VC1.3 q323 00.5ES L93 wmaadwo3 gom3 QO 00Z1 000E 0 LONG w4epesa put mwr4y1 uott ezx3 gmm3 00.05$ L90 5IeoStogda0sgv Uf W.LD qm3 00.05E L93 luarg4o3uo¢snRS V"dmsgy q3q RON$ 4OE94 wtumla%wMLXg g0m3 00 OS$ L93 Pmg vagda qy L98oa 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2100 ;mNI 3n-H Pue pmbr[ llm 00-SZIS chid pm 8uxTW VWH gJe3 00 ORS ZZba S!SLRmv aNrS glu%;WmaapLH %WnbuH 0 gJe3 00 OPTS Z-91 oaf) =Pml 40awdx3 Wei 00000'IS KE.L '--d Own Isa-LnAl2P3gmgmq=lq g0m3 00-OOZ1 6ZZ.1.0 /4tvgaxla booty U twwn") NOW Pa4AWIPW)mOES sea9S paarO (a;av) uoge70nl� 080£a mTOU1219MOLS-agS7aas!a tpm3 005KS ZLIZa 2ea15 pue mmrOTg r R 3mW3 n04AAX3 4*3 OOOH[S 090£a Pagamsipun Roma—is 3» a Mwiz m4mz[uogoamo0 q03 000EZS 080£❑ WP[o+srall XO?d]stags laas!a g0m3 005ZES LOUa uogepesgpmmumpa%wgm=a g3e3 000StS SEota a*-d2MUInCVy-u0gephoau03 1N lelllawu❑alnu3 I HuljSa16leuaWn uoll3adSUI Llol3xubuo7 19uuaaulEu3 leo-pgoaloag Geot(?chnical Engineering Construction Inspection Materials Testing Environmental CONCRETE0LOCKtCN1U) A&aand ere(I'enngconhnua3 Bond Strength C952 $50.00 Each Bend Test A370 $65.00 Each Linear Shnnkage(CMA Method) C426 $200.00 Each Ape Fl atternng Test S45.00 Each Masonry Core-Compression C39 $25.00 Each NIt Tensile Test A325 $55.00 Each Masonry Care-Shear(2 faces) $65.00 Each Ball Pmo£Tes A325 $60.00 Each Masonry Efi3orescertce(3 required) C67 S45.00 Each Nut ProofTest A325 $70 00 Each Measurements C140 93500 Each Nelson Stud Tenale Test S65.00 Each Moisture Content and Absorption C140 $45.00 Each Brinell&Rockwell Hardness(Per test) EIS $70A0 Each Rapid Linear Shrinkage(British Modified Method) S 150.00 Each Processing WE Certificates(Per Size and Heal) S25 00 Each Absorption.Moisture Content,Overt Dry CI49 $90.00 Each Chermcal Analysis $75.00 Each Density(3Required) Welder Certification{AWS) 195.00 Per Hour Compression(3 Required) 180.00 Each STEELAND 114ETAL_CHEMICAL TESTING MASONRY PRISMS Sind Chemied Analysis $135 00 Each Block Compression s or=to 8"x 8"x I6" C 140 $35,00 Each Block Compression>a"x 8"x 16" CHO S45.0u Each MACHINING AND PREPARATION OF TENSILE AND BEND:CARBON STEEL Grouted Masonry Prism E447 Quotation Machinist hritial Preparation from Mock p Etc WO Per How Compression Test>>r x S'x 16" S awcst to Overall Width(Per.5'Thickness or $55.00 Per Ho ur Grouted Masonry Prism E447 1175.00 Each Fraction ntmof) Compres non Test 18"x 8"x 15- Machne to Test Configuration Mill Specimens 17500 Per Hour Handling Charge,Grouted Prisms Not Brokeziftld 575.00 Each Machine to Test Configurehim Tumed S120.00 Per Hour Handling Charge.Mortar or Prisms 110.00 Each Specimens Not Broken/Hold Prepare Subsze specimens ep p (Per.5"Thickness S75.00 Per How or Fraction Thereof) MORTAR AND GROUT Prestress Cable,7 Wire(Yield lTenstle) A416 $160.00 Each Grout Prime(3"x6")vimold C39 $25.00 Each Prestress Wire(Yield I Tensile) A416 $140.00 Each Mortar Cubes(2"x 2")w/mold C109 $45.00 Each Simple Preparation $45.00 Per Hour Mortar Cylinders(2"x4")wlmid "a $25.00 Each POLYMER MATRIX COMPOSITE MATERIALS tFIEF.RWRAVh FIREPROOFING TESTS Tensile Strength-Set of 5 Specimen per Batch D 3039 $1.300 00 Each Adhesion/Cohmon ASTM-736 $40.00 Each TennIe Strength-Addition Specimens D 3039 $250 00 Each Unit Weight URC 7-6 560.00 Each Hearing Chamber Time-Per 24 hr Period $8500 Each GUNITE AN➢SHOTCRETE TESTS ROOFING Compression of CorelndudingTrimming C42 945.00 Each TIle(BreabngStrength/Absorption) UBC)5-5 56000 Torch Compression6'xl2'Cylinder C39 130.00 Each Compresswtz Cubes(Including saw cutting) C39 S65.00 Each BAEISOFCHARGES Lightwesght Fill Concrete Density C495 1150 00 Each I A 2-hour mtmmum show-up charge wtll be incurred for all scheduled field services not Umt Weghtof Hardened light Weight Concrete C567 $40.00 Each canceled the preceding day Invoicing will be based on portal to portal when using a Compression Test C495 C472 $40.00 Each msdrar denrttygaugeand 4-hourmcrements forspemal mspecriens. 2 Overtime of I will he charged for soy personnel seivim from 4 00 PM-6.30 AM REINFORCING STEEL and more than eight hours up to and imcudmg twelve ham per day.Premium time of I S will becharged for over twelvehours in any one day,Saturday and Sunday.Holidays No.I 1 Bar and SmaUa A6151A7O6 145.00 Each are New Year's Day,Memonal Day,July 4s,Labor Day,Veteran's Day.Thanksgiving No.14,No IS A6151A7m Quotation Day and the Friday afterThmksgmng Day,and Climstnras Day and will be assersed at triple done High priority laboratory testing at the Client's request which requires Bend Test No.11 Bar and Smaller A6151A706 $40.00 Each tmscheduled overtime is subjectto a 50%increase from the staadard rates Processing Mill Certs6cam(Per Sine and Heat) $20.00 Each 3 Engineering review time will be rinvoaced at two(2)hours per week and weeldy report distribution is one(1)hour per week REINFORCING STEEL-MECHANICALLY SPLICED Slip Testing No.4-No I I CTM 670 WO 00 Each 4 Rambursable expenses such as park ng au fare,car rtntat food and lodging will be charged at cost plus 10%,unless provided Subsistence on remote jobs by quotation, Slip Testing No 14 CTM 670 S 125.00 Each unless provided. Welded Rebar Tensile CTM 670 $75 00 Each S Outside services performed by others and direct costs expended on the Client's behalf are charged at cost plus 15°!n unless otherwise noted REINFORCING STEEL-WELDED OR COUPLED SPECIMENS 6.Certified Payrolls wkU be supplied upon request at$50.00 per pay period, WeIdTetuileTest A15151A706 $6000 Each Weld Bend Test A6If/A706 $40.00 Each 7 Prices are based on current prevailing wage rates through July 1.2n IS at which time the hourly rates will increase$3.00 Per Hour to compensate fir mandatory increases as set Wdd-MacmF-trb .A6151A706 360,00 Each forth by DIP METAL AND STEEL TESTING a- LCP Tracker, or other Adrranimattve requrrcd program compliance will be charged $75.30 per pay perod ortavoice. Tensile Strength Up to 100,000[be A370 $45.00 Each 100,000 to 209,000lbs, A370 $55.00 Each 9 A 3%1ncrease annually for the Year 2(2019120�Year 3(2020/21).and Year (2021122) 2671/031858-0001 7630376.2 a00100100 -9-