PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LEIGHTON CONSULTING, INC.
FOR
ON-CALL MATERIALS TESTING AND ENGINEERING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LEIGHTON CONSULTING, INC., a California Corporation hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide on-call Materials Testing and Engineering Services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Edward Che, PE, GE who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement.
CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement.
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TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to commence on - 20_ the "Commencement Date"). This Agreement shall automatically terminate three 3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "'A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein.
COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Six Hundred Thousand Dollars ($600,000.00).
EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 22-12025/2967084 2 of 17
DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit.
HOLD HARMLESS
A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above:
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"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8.
Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.
PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 22-12025/2967084 4 of 17
policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement.
IF CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and
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C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 22-12025/2967084 6 of 17
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested:
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ТО СІТУ: TO CONSULTANT:
City of Huntington Beach Leighton Consulting, Inc.
ATTN: Director of Public Works ATTN: Thomas C. Benson Jr. 2000 Main Street 17781 Cowan
Huntington Beach, CA 92648 Irvine, CA 92614
17. CONSENT
CITY's consent/approval required under this Agreement, its When
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for of against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 22-12025/2967084 8 of 17
neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact of circumstance not expressly set forth in this 22-12025/2967084 10 of 17
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. GENERAL PRINCIPALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement.
CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality.
30. NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality.
CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973(23 U.S.C. U.S.C.324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VIl of the Civil Rights Act of 22-12025/2967084 11 of 17
1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21.
CONSULTANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22).
31. MBE AND WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women owned business enterprises in the City's procurement process.
CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City advisors and contractors hired for the proposed services and the names of all consultants,
information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637).
CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by:
(a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
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(b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises;
(d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and
(e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
32. DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID
CONTRACTS
It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders.
CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of a contract.
33. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID
CONTRACTS
CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 22-12025/2967084 13 of 17
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements.
For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request.
34. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
CERTIFICATION FOR FEDERAL-AID CONTRACTS
CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office.
CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office.
35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:
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(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification ot destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action.
36. NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this document, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an 22-12025/2967084 15 of 17
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activitics," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
37. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein. 22-12025/2967084 16 of 17
CONSULTANT, CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
LEIGHTON CONSULTING, INC. California
By._
THOMAS C. BENSON, JEO 12/10/2042 Mayor
print name
ITS: (circle one) Chairmam/President Vice President
City Clerk
AND
INITIATED AND APPROVED:
Jaseph A Dean 1/4 / 2028
Director of Pubiic Works
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
City Manager
APPROVED AS FO FORM;
position poo
/
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EXHIBIT "A"
1. For some projects the consultant shall be responsible for all the tests as required by the Caltrans Standard Specifications and the Project Special Provisions.
2. Any required sampling and testing shall be done by personnel and laboratory with the appropriate accreditation for the testing and sampling designated to perform. Proof of the appropriate accreditation shall be submitted for approval by the City.
3. Provide a qualified technician as necessary to conduct density tests as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered.
4. Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for minor concrete and bridge structure concrete.
5. Perform compression strength tests on concrete cylinders in accordance with ASTM C39 for bridge structure concrete.
6. Consultant shall keep records of all samples and tests in the project files as permanent job records. Materials incorporaled into the project, represented by failing tests, must be documented in the project files also. Test results shall cite applicable contract requirements, test and/or analytical procedures used. Provide actual results and include a statement that the item tested or analyzed conforms or fails to conform to specified requirements. Test results shall be signed by a testing laboratory representative authorized to sign certific documentation and forward to the City.
7. Maintain a rework items list of work performed that does not comply with the Contract.
The Contractor shall be responsible for including on this list items needing rework including those identified by the Engineer.
8. Maximum density tests shall be performed at the job site unless otherwise approved by the City Engineer.
9. Consultant shall keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, shall also be documented in the project files.
10. Consultant shall use the most economical mode of transportation available consistent with the time element involved
11. Project Certification - Send a materials certification memorandum to the Public Works Contract Administrator, City of Huntington Beach, upon completion of the project. File a copy of the memorandum in the job files. Note all non-conforming materials on the memorandum. This includes materials accepted at reduced pay factors.
12. A California licensed engineer shall sign the materials certification memorandum.
13. Any Non-Compliance results of materials shall be reported to the City's Project Manager and City Project Inspector within twenty-four (24) hours from the time of sampling.
EXHIBIT A
EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule:
SEE ATTACHED EXHIBIT B
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it.
Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project.
A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of lasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Shour the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein.
Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement.
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1ot2
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant or Subconsultant Leighton Consulting, Inc. • Prime Consultant • Subconsultant • 2nd Tler subconsullant As-Needed Professional
Project No. Engineering Services Contract No. RFO 2022 Participation Amount: TBD Date: January 3, 2023 Combined indirect Cost Rate (ICR)
48.34% 107.73% 156.07%
Fee% 10.00%
BILLING INFORMATION CALCULATION INFORMATION
Hourly Billing Rates Effective date of
hourly rate Actual or Avg % or $ Hourly Range for
Straight? OT OT Hourly Rate' Increasi Classifications Only (2.0x) From To
(1.5x)
Djan Chandra, PE, GE $370.74 $370.74 $370.74 3/9/2022 3/9/2023 $131.62 0% NIA Senior Principal $381.87 $381.87 S381.87 3/10/2023 3/9/2024 $135.57 3.00% N/A Exempt $393.33 S393.33 $393.33 3/10/2024 3/10/2025 $139.64 3.00% Ed Che, PE, GE $216.16 $216.16 $216.16 3/9/2022 3/9/2023 $76.74 0% Principal $222.64 $222.64 $222.64
Exempt $229.31 $229.31 $229.31
Roderick Marcia, PE $242.78 $242.78
Associate $250.07 $250.07 $250.07
$257.57 $257.57
Jason Choi $113.07 $113.07
Senior Staff Engineer $116.45 $116.45
Exempt $119.94 $119.94
Joel Beckham $149.46 $149.46
Field/Lab Supervisor $153.94 $153.94
Exempt $158.56 $158.56
Buu Tran $141.40
CAD Operator $145.66
Exempt $150.02 $150.02
Alberto Lopez $107.66 $126.77
Senior Technician $110.90 $130.58
Non-Exempt Off Site $114.22 $134.50
Guy Kendall $97.18 $114.43
Senior ethn dan $100.11 $117.88
Non-Exempt Off Site $103.12 $121.43
Kristopher Perez $98.59 $116.09
Senior Technician $101.54 $119.57
Non-Exempt Off Site $104.59 $123.15
Richard Fernandez $98.59 $116.09
Senior Technician $101.54
Non-Exempt Off Site $104.59
James Flack $143.94 $169.49
Senior Special Inspector $148.25 $174.56
Non-Exempt Off Site $152.70 $179.80
Richard LeRitz $114.81 $135.19
Senior Special Inspector $118.25 $139.24
Non-Exempt Off Site $121.80 $143.42
Stacy Weimer $131.82 $155.22
Senior Special Inspector $135.77 $159.87
Non-Exempt Off Site $139.85 $164.68
Prevailing Wage Technician $154.02 $181.36
Senior Field Technician $158.64 $186.80
Non-Exempt Off Site $163.40 $192.41
Prevailing wage Special Inspect
Senior Special Inspector $163.80 $192.87 $221.95
Non-Exempt (ON-SITE) $168.70 $198.64 $228.59
Lynne Rees $103.57 $121.96 $140.34
Project Administrator $106.67 $125.61 $144.54 3/10/2023 S37.87 Non-Exempt (Office) $109.88 $129.39 $148.89 3/10/2024 $39.01 Beata Lacki $76.62 $76.62 $76.62 3/9/2022 $27.20
Project Administrator $78.93 $78.93 $78.93 3/10/2023 $28.02 Non-Exempt (Office) $81.29] $81.29] $81.29 3/10/2024 $28.86 Shadab Motamedi $67.60 $79.60 $91.60 3/9/2022 $24.00
Project Administrator $69.63 $81.99 $94.35 3/10/2023 $24.72 Non-Exempt (Office) $71.71 $84.44 $97.17 3/10/2024 $25.46 Feonna Wong $93.66 $110.28 $126.91 3/9/2022 $33.25
Project Accountant $96.47 $130.72 3/10/2023 $34.25
Non-Exempt (Office $99.38 $117.02 $134.66 3/10/2024 $35.28 Nguyen Kelly $56.34 S66.34 $76.34 3/9/2022 $20.00
Project Administrator $58.03 S68.33 S78.63 3/10/2023 $20.60 Non-Exempt (Office) $59.77 $70.38 $80.99 3/10/2024 $21.22 3.00% Cristina Dy $74.64 $87.89 $101.14 3/9/2022 $26.50 0%
Certify payrol $76.90 $90.55 $104.20 3/10/2023 3/9/2024 $27.30 3.00% Non-Exempt (Office) $79.21 $93.27 $107.33 3/10/2024 3/10/2025 $28.12 3.00% Notes:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be markec with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals
2. The cost proposal format shall not be amended.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
RFP 0168 August 3, 2021
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
ExHIBIT 10-H2 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
7. Generally Accepted Accounting Principles (GAAP)
8. Terms and conditions of the contract
9. Title 23 United States Code Section 112 - Letting of Contracts
10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
$0.00
Name: Djan Chandra, PE, GE Title*: Vice President
Signature: Date of Certification (mm/dd/yyyy): March 15, 2022 Email: [email protected] Phone Number: (949) 681-4267 Address: 17781 Cowan, Irvine, CA 92614
* An individual execulive or financial officer of the consultant's or subconsultant's organization at a level no lower than. Vice President or a Chief Financial Officer, or equivalent, who has authority to represert the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providing under the proposed contract:
On-call material testing and inspection services
January 2020
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF
INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant's Fuil Legal Name: Leighton Consulting, Inc.
Important: Consultent means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate:
Combined Rate: 156.07% OR
Home Office Rate: 156.07% and Field Office Rate (if applicable): 156.07% Facilities Capital Cost of Money % (if applicable)
Fiscal period*: 01/01/202 2/31/0*00
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial stements are regularly prepared by the consultant.
I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31;
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy * either dirert labor, indirect costs, or other direct costs on all federally- funded A&E Consultan: Contracts.
• All known material transacions or events that have occurred subsequent to year-end affecting the consultant's ownership, irganization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on Exhibit 10-A.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting record, a for ara lot a lecte dear can a cos dared a glen incurse propi tele 23.
United States Code (U.S.C.) Section 112(b)2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management syd!, bas the following attributes:
• Account numbers idemit, ee allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate! regate allowable direct, indirect, and unallowable costs into separate cost
March 2018
Local Assistance Procedures Matal Exhibit 10-K
Consultani Annual Certification of Indirect Costs and Financial Management System accounts;
Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (fAI) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - :SCER Drn_1 22.11(c)(4)
• False Claims Act - Tille 31 .U.S.C. Sections 3729-3733 • Statements or entries gencrally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Tille 18_U.S.C. Section 1031
AILA&E Contract Information:
• Total participation amount $5M on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 1 (California). • Years of consultant's experience with 48 CFR Part 31 is 17. • Audit history of the consultant's current and prior years (if applicable) Local Gov't ICR Audit X Caltrans ICR Audit
• Cognizant ICR Aur lit
Federal Gov't ICR Audit
CPA ICR Audit
I, the undersigned, certify al! of hove to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed an: comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal miles and regulations. I also certify that I understand that all documentation of compliance must be retained bythe consultant, I hereby acknowledge that costs that are noncompliant with the federal and state requiremens an• not eligible for reimbursement and must be returned to Caltrans.
Title**: President and CEO
Namett: Thomas
Signature: lise 2 Date of Certification (min/dd/yyyy): 11/30/2021 Email**: tbenson@letcLons/yguting.com Phone Number**: (909) 527-8771 **An individual executive or Er mial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President, a Chief Financial Oficer, or eytiv.dent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subcon; done « paries of a contract must complete their own Exhibit 10-K forms.
Caltrans will not process locd coney's invor es until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Inveslig.å..:
Distribution: 1) Original - Leg' lenes l'oject File
2) Copy - Consi
3) Copy - Caltra:.. in. *i Investiearions
March 2018
Leighto 2022 PROFESSIONAL FEE SCHEDULE
GLOTECHNICAL LABORATORY TESTING
METHOD $/TEST METHOD $/TEST
CLASSIFICATION & INDEX PROTERT: S SOIL CHEMISTRY & CORROSIVITY . 10 pH Method A (ASTM D4972 or CTM 64.)...... .45
Photograph of sample ...45
Moisture content (ASTM D2216) ... 20 Electrical resistivity - single point - as received moisture. ...30 Minimum resistivity 3 moisture content points (ASTM G187/CTM 643).. ....90 Moisture & density (ASTM D2937) ring samples... ..130
Moisture & density (ASTM D2937) Shelby tube or tiling .40 pH + minimum resistivity (CTM 643)..... ...150 Sulfate content - gravimetric (CTM 417 B Part 2). .....70 Alterberg limits 3 points (ASTM D4318):.. .80
- Single point, non-plastic... . 85 Sulfate content - by ion chromatograph (CTM 417 Part 2) ..180 Sulfate screen (Hach®).... . 30
- Atterberg limits (organic ASTM D2487 / 04318) .70
- Visual classification as non-plastic (ACT! - 188). ...10 Chloride content (AASHTO T291/CTM 422) hloride content - by ion chromatograph (AASHTO T291/CTM 422 ...80 Particle size:..
orrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643 ...265 - Sieve only 1½ inch to #200 (AASHTO T27/AC (1C1G/ASTM D6913CTM 202)... 135 Organic matter content (ASTM D2974)... . 65
- Large sieve 6 inch to #200 (AASHTO T27INSTM C1G/ASTM D6913/CTM 202)... 175 - Hydrometer only (ASTM D7928) ....110 GONSOLIDATION & EXPANSION/SWELL TESTS - Sieve + hydrometer ≤3 inch sieve, (AS ...185 195
Consolidation (ASTM D2435):
- Percent passing #200 sieve, wash only ( CTME: 140) ...70 .45 Each additional time curve
Specific gravity and absorption of fine agregate Each additional load/unload w/o time reading . 40 (AASHTO T84/ASTM C128/ASTM D854/CT/: ..130 . 130
Expansion index (ASTM D4829).....
Specific gravity and absorption of coarse of weg te Single load swell/collapse - Method B (ASTM 04546-B, seal, load & inundate only)... 105 (AASHTO T85/ASTM C127/CTM 206).. ..100 Swell collapse Method A up to 10 load/unloads w/o time curves - Total porosity - on Shelby tube sample (enculated) ..165 (ASTM D4546-A) ... . 290 - Total porosity - on other sample (calcutste!) ..155
...126 TRIAXIAL TESTS
Shrinkage limits wax method (ASTM D4943)..
.210 Unconfined compression strength of cohesive soil (with stress/strain plot, Pinhole dispersion (ASTM D4647).. ... 135
.90 ASTM D2166.....
Dispersive characteristics (double hydrometer AS 11.1 D1221) Unconsolidated undrained triaxial compression test on cohesive soils As-received moisture & density (chunk/care: "a6 ples) ..60 (UU, ASTM D2850, USACE Q test, per confining stress) 170 Sand Equivalent (AASHTO T176/ASTM D2413/ .I: 217) ...105 Consolidated undrained triaxial compression test for cohesive soils, SHEAR STRENGTH (CU, ASTM D4767, USACE R-bar test) with back pressure saturation & pore Pocket penetrometer.. . 15 waler pressure measurement (per confining stee..................... .. 375 Direct shear (ASTM D3080, mod., 3 poinis): Consolidaled drained triaxial compression test (CD, USACE S), with Consolidated undrained - 0.05 inch/ming ..285 volume change measurement. Price per soil type below EM 1110-2- Consolidated drained - <0.05 inch/min ( ..345
1906(X):
Residual shear EM 1110-2-1906-IXA (prie s: each teal al pass aller shear)...50 ...375 Sand or silty sand soils (per confining stress).
Remolding or hand trimming of specime .90 ...500
Silt or clayey sand soils (per confining stress).
Oriented or block hand trimming (per hoi. ..65 Clay soils (per confining stres).......... ....705 Single point shear. . 105 . 655
..820 Three-stage triaxial (sand or silty sand soils)
Torsional shear (ASTM D6467 / ASTM D7OC. Three-stage triaxial (silt or clayey sand soils) ...875 COMPACTION & PAVEMENT SUBG. DE TESTS Three-stage triaxial (clay soils). 1,235 Remolding of test specimens.. .65
Standard Proctor compaction, 4 points (AST D693)
- 4 inch diameter mold (Methods A & B) ...160 HYDRAULIC CONDUCTIVITY TESTS - 6 inch diameter mold (Method C) ...215
Triaxial permeability in flexible-wall permeameter with backpressure Modified Proctor compaction 4 points (/ 57): saturation at one effective stress - 4 inch diameter mold Methods A & .220 ...310
(EPA 9100/ASTM D5084, falling head Method C):.
- 6 inch diameter mold Method C... ..245 120
Each additional effective stress...
Check point (per point) ...65 . 60
Hand trimming of soil samples for horizontal K
Relative compaction of untreated/treat 2fes (CTIA 215) .250 .. 65 Remolding of test specimens...
Relative density 0.1 ft mold (ASTM D. ..235 135
Permeability of granular soils (ASTM 02434)
California Bearing Ratio (ASTM D1883) Soil suction (filter paper melhod, ASTM D5298) .400 - 3 point. .500
- 1 point... 185 SOIL-CEMENT
STM D2844/CTM 301).....310 Moisture-density curve for soil-cement mixtures (ASTM D558) ..240 R-Value untreated soils/aggregates (AAL,!.
•ASHTO T190/ASTM D2844/ Wel-dry durability of soil-cement mixtures (ASTM D559) '. . 1,205 R-Value lime or cement treated soils/age
...340 Compressive strength of molded soil-cement cylinder (ASTM D1633).... ..60 CTM 301)...
Soil-cement remolded specimen (for shear strength, consolidation, etc.)' .... 235 • Compaction (ASTM D558 maximum densily) should also be performed - not included in above price
www.leightongroup.com Page 1 of 4
Fee/2022
//Leighton FEE SCHEDULE
COM TRUCTION MATERIALS LABORATORY TESTING
$/TEST METHOD $/TEST
METHOD
CONCRETE STRENGTH CHAR • * :: MASONRY
.35 Mortar cylinders 2" × 4" (ASTM C7BO) ...30
Concrete cylinders compression (ASTM C3!
Grout prisins 3"X 6" (ASTM C1019). ....30
Compression, concrete or masonry coreü gating outy) ≤6 inch (ASTM C12). ....40 ...20 Masonry cores compression, ≤6" diameter - testing only (ASTM C42).. ..40 Trimming concrete cores (per core)
Masonry core shear testing (Title 24).. ....80
Flexural strength of concrete (simple beam-3m.! pt. ki. ing, ASTM C78/CTM 523)..... 85 Veneer bond strength, cost for each - 5 required (ASTM C482).. .55 Flexural strength of concrete (simple beam-center pl. landing, ASTM C293/CTM 523)... 85 .....25 CMU compression to size 8" × 8" × 16" - 3 required (ASTM C140)... .55 Non shrink grout cubes (2 inch, ASTM C109/C1107)
Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) ... ..400 CMU moisture content, absorption & unit weight - 6 required (ASTM C140).... 50 ...40 CMU linear drying shrinkage (ASTM C426)... . 175
Length of concrete cores (CTM 531)...
CMU grouted prisms compression test ≤8" × 8" × 16" (ASTM C1314)... . 200 HOT MIX ASPHALT (HMA) CMU grouted prisms compression test > 8" × 8"× 16"/ASTM 1314).... .. 250 Resistance of compacted HMA to moisture-induced damage
.. 2,100 BEARING PADS/PLATES AND JOINT SEAL
.900 Elastomeric bearing pads (Callrans SS 51-3) .990
Hamburg Wheel, 4 briquettes (modified) ( ariTo T24...
Superpave gyratory compaction (AASH . 350 Elastomeric bearing pad with hardness and compression tests (Caltrans SS 51-3)... . 1,230
Extraction by ignition oven, percent asgi: ill
Type A Joint Seals (Caltrans SS 51-2) . 1,620
(AASHTO T308/ASTM D6307/CTM 382) . 150
Type B Joint Seals (Caltrans SS 51-2) 1,530
Ignition oven correction/correlation v
1,350 Bearing plates (A536). .720
(AASHTO T308/ASTM D6307/CTM 382)
Extraction by centrifuge, percent aspilai. . 150 REINFORCING STEEL AND PRESTRESSING STRANDS Gradation of extracted aggregate (MASHT. DIA I D5444/CTN 202) 135 Rebar tensile test, ≤ up to No. 11 (ASTM A370).... 65 Stabilometer, S-Value (ASTM D1560/C1IM: 265 Rebar tensile test, ≥ No. 14 & over (ASTM A370) 200 Bituminous mixture preparation (AASHTO: ..80 Rebar bend test, up to No. 11 (ASTM A370)... ...65 Moisture content of HMA (AASHTO T329/AS ...60 Rebar bend test, ≥ No. 14 & over (ASTM A370).. ... 200 Bulk specific gravity of compacted HMA, 1. 0. Resistance butt-welded hoops/bars, tensile test, ≤ up to No. 10 (CTM 670)....65 uncoated (AASHTO T166/ASTM D2726/CT11 012). .50 Resistance butt-welded hoops/bars, tensile test, ≥ No. 11 & over (CTM 670)..85 Bulk specific gravity of compacted HMA, ecimen or cores, Mechanical rebar splice, tensile test, ≤ up to No. 11 (CTM 670).. . 65 paraffin-coated (AASHTO T27S/ASTM D11 ...55 Mechanical rebar splice, slip test, ≤ up to No. 11 (CTM 67.)....... ..40 Maximum density - Hveem (CTM 308). ..... 200 Mechanical rebar splice, tensile test, ≥ No. 14 & over (CTM 670) . 200 Theoretical maximum density and specifin Mechanical rebar splice, slip test, ≥ No. 14 & over (CTM 670)... 200 ASTM D2041/CTM 309) .... ......130 Headed rebar splice, tensile test, ≤ up to No. 11 (CTM 670)... ..65 Thickness or height of compacted bitte paves mixture specimens Headed rebar splice, lensile test, ≥ No. 14 & over (CTM 670) . 200 ..40 Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775/A934) 45 (ASTM D3549) ...
Wet track abrasion of slurry seal (AS 150 Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775/A934)..... . 65 Rubberized asphalt (add to above rate:) ..+25% Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775/A934)... ....45 .175
BRICK Prestressing wire, tension (ASTM A416)
Sample preparation (cutting) ..50
Compression - cost for each, 5 required fi..: A 067 ...50 Absorption - cost for each, 5 require: (A:7: 1157). ...50 STREET LIGHTS/SIGNALS LED Luminaires / Signal Modules / Countdown Pedestrian Signal Face AGGREGATE PROPERTIE:
...50 Modules (Caltrans RSS 86).... ... 1,300
Bulk density and voids in aggregates (AACHT TI-STM C2 / CTM 212)....
Organic impurities in fine aggregate sand (cel. (21/ASTM C10/CTM 213)...60 SPRAY APPLIED FIREPROOFING LA Rattler-smaller coarse aggregate <1.5 :g-:TGASTMC131/CTM211)...200 Unit weight (density, ASTM E605)... . 60 LA Rattler-larger coarse aggregate 1-3" (/ 15 #ASTM C:30/C1M 211)...250 Apparent specific gravity of fine aggregat • .31: 134/AST:AC124/CTL208)... 130 FASTENERS / BOLTS / RODS F3125 GR A307, A325 Bolts, tensile test, ≤ up to 1-1/4" diameter, plain Specific gravity and absorption of coarse grao PASTM C::ICT. 205) . 65 100 (ASTM A370).
>#4 retained ......
. 175 F3125 GR A307, A325 Bolts, tensile test, ≤ up to 1-1/4" diameter, Clay lumps, friable particles (AASHTO T112' j: 0142:
. 200 galvanized (ASTMA370)..
Durability Index (AASHTO T210/ASTM U374. :4 229)
A490 Bolts, lensile test, ≤ up to 1-1/4" diameter, plain (ASTM A370)...
Moisture content of aggregates by oven A490 Bolts, tensile test, ≤ up to 1-1/4" diameter, galvanized (ASTM A370)......75 (AASHTO T25S/ASTM C566/CTM 226). .40
A593 Bolts, lensile test, ≤ up to 1-1/4" diameter, stainless steel (ASTMA33O)...65 Uncompacted void content of fine ag F1554 Bolts, tensile test, ≤ up to 1-1/4" diameter, plain (ASTMA3).......... 100 (AASHTO T304/ ASTM C1252/ CTM 234) ... 130
135 F1554 Bolts, tensile test, ≤ up to 1-1/4" diameter, galvanized (ASTM A370)... 120 Percent of crushed particles (AASHIOT: :TL 21/CTI/ 205) Flat & elongated particles in coarse agr SHA D479 CTA 255) 215 SAMPLE TRANSPORT Cleanness value of coarse aggregate ic) 210 Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office)... 90 Soundness, magnesium (AASHTO TIP* T : 214) 225
Soundness, sodium (AASHTO T104AS1:/* . 650
www.leightongroup.com Page 2 of 4
Fee/2022
//Leighton FEE SCHEDULE
EQUIPMENT LIST
$UNIT ITEM $ UNIT
ITEM
..... 5 each Moisture test kit (excludes labor to perform test, ASTM E1907) . 60 test 1/4 inch Grab plates....
1/4 inch Tubing (bonded) 0.55 foot Nuclear moisture and density gauge ..88 day 1/4 inch Tubing (singie).. 0.35 foot Electrical moisture and density gauge . 88 Day 3/8 inch Tubing, clear vinyl 0.55 foot Pachometer..... 25 day 4-Gas meter (RKI Eagle or similar) CM: ..130 day Parliculate Monitor.. 125 day Air flow meter and purge pump (200 cc/m ). ...50 day pH/Conductivity/Temperature meter 55 day Box of 24 soil drive-sample rings.. .120 box Photo-lonization Detector (PID).. ... 120 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 contiol box. ... 160 day ... 11 each Quire fee - Phase l only... ....200 each
Combination lock or padlock..
Compressed air tank and regulator ...50 day Resistivity field meter and pins.... 50 day Concrete coring machine (≤6-inch-dia).. ... 150 day Slip / threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40.
Consumables (gloves, rope, soap, lape, 35 day Slope inclinometer .200 day 11 each Soil sampling T-handle (Encore) 10 day
Core sample boxes...
Crack monitor Two-Dimensional . 25 each Soil sampling tripod . 35 day Crack monitor Thee-Dimensional.. 30 each Speedy (R) moisture tester ...5 day Cutoff saws, reciprocating, electric (Saw: 12) ...75 day Stainless steel bailer.. 40 day D-Meter Waiking Floor Profiler. 100 day Submersible pump, 10 gpm, high powered Grundfos 12 each 2-inch with controller 160 day
Disposabie bailers.
...10 each Submersible pump/transfer pump, 10-25 gpm 50 day Disposable bladders...
45 day Support service truck usage (well installation, etc.).. ...200 day Dissolved oxygen meter
DOT 55-gallon containment drum with lid ... 65 drum Survey/fence stakes ..8 each ...125 day Tecilar® bags... . 18 each
Double-ring intiltrometer....
...80 day Traffic cones (≤25)/barricades (single lane). 50 day Dual-stage interface probe
..400 day Turbidity meter .. .70 day
Dynamic Cone Penetrometer....
...00 day Tyvek® suit (each). 18 each
Generator, portable gasoline fueled, 3,500 in!:
...80 day Vapor sampling box . 55 day
Global Positioning System/Laser Range Filet
..90 day Vehicle usage (carrying equipment) 20 hour
Hand auger set..
...40 roll . 35 day
HDPE safety fence (≤100 feet) 100 roll
Horiba U-51 water quality meter .. 135 day Visqueen (20 x 100 feet) Light tower (towable vertical mast) ...150 day Water level indicator (electronic well sounder) <300 feet deep well. . 60 day ....15 day . 15 day
Magnehelic gauge..
Manometer ...25 day Other specialized geotechnical and environmental testing and monitoring Mileage (IRS Allowable) ...0.585 mile equipment are available, and priced per site Fee/2022 www.leightongroup.com Page 3 of 4
/Leighton FEE SCHEDULE
TERMS AND CONDITIONS
@ Expiration: This fee schedule is effective through supplemental insurance, travel, subsistence, December 31, 2022 after which remaining work will project-specific parking charges, shipping, be billed at then-current rales. reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly
@ Proposal Expiration: Proposals are valid for at
to and paid by client.
least 30 days, subject to change after 30 days;
unless otherwise stated in an altached proposal. Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service
• Prevailing Wages: Our fees for prevailing wage charge of 1½-percent per month will be charged for work are based upon California prevailing wage late payment. laws and wage determinations. Unless specifically
indicated in our proposal, costs for apprentice e Client Disclosures: Client agrees to provide all are not included. If we are required to have an information in Client's possession about actual or apprentice on your project, additional fees will be possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork,
charged.
and agrees to reimburse Leighton for all costs
• Overtime: Standard overlime rate is per California related to unanticipated discovery of utilities and/or Labor Law and is billed al 1.5 or 2 times their hazardous materials. Client is also responsible for hourly billing rate. Overtime rate for nen-nyempt providing safe and legal access to the project site field personnel working on a Leighton cheerved for all Leighton field personnel. holiday is billed at 2 times their hourly billing rate.
Overtime rate for Prevailing wage work is per the Earth Material Samples: Quoted testing unit California Department of Industrial Relations (DIR) rates are for soil and/or rock (earth) samples determination and is multiplied al 1.5 to 2 tinies free of hazardous materials. Additional costs will their hourly billing rale for overtime and double- accrue beyond these standard testing unit rates time, respectively. for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous
Expert Witness Time: Expert witness dopp"lion materials will be returned to the site or the site and testimony will be charged at 2 times hourly owner's designated representative at additional rates listed on the previous pages, with a minimum cost not included in listed unit rates. Standard charge of four hours per day. turn-around time for geotechnical-laboratory test • Minimum Field Hourly Charges: For Find results is 10 working days. Samples will be stored Technicians, Special Insparlor: or any in-site for 2 months, after which they will be discarded. (field) materials testing service*: Prior documented notification is required if samples need to be stored for a longer time. A monthly
4 hours: 4-hour minimum charge up to the first storage fee of $10 per bag and $5 per sleeve or four hours of work
tube will be applied. Quoted unit rates are only
8 hours: 8-hour minimen chare for over four for earth materials sampled in the United States. hours of work, up to eight hours. There may be additional cost for handling imported Project time accrued includes portal fo portal samples. travel time. • Construction Material Samples: After all designated 28-day breaks for a given sample
• Insurance & Limit:tion.! Liability: These rates
set meet specified compressive or other client-
are predicated on ::. a insurance coverage
and a limit of Leighton's Inhility equal! our total designated strength, all "hold" cylinders or specimens will be automatically disposed of
fees for a given proinet. unless specified in writing prior to the 28-day break. • Outside Direct Co.!: H! :avy "quipmon!, All other construction materials will be disposed of subcontractor fees and minense project- after completion of testing and reporting. specific permits and/or lit inses,: "ject-specilic
wwww.loigl•ngroup.com Page 4 of 4
Fee/2022
ACORD® DATE (MM/DDYYYY)
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER Risk Strategies Company Risk Strategies Company 2040 Main Street, Suite 450 949-242-9240
İrvine, CA 92614 [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
www.risk-strategies.com CA DOI License No. 0F06675 INSURERA: Cilizens Insurance Company of America 31534 INSURED INSURER B: Allmerica Financial Benefit Insurance Co 41840 Leighton Consulting, Inc. INSURER C: Travelers Properly Casualty Co of America 25674 17781 Cowan. Suite 100
Irvine CA 92614 INSURER D: Lexington Insurance Company 19437 INSURERE:
INSURER F:
CERTIFICATE NUMBER: 72587047 REVISION NUMBER:
LTR TYPE OF INSURANCE INSO WYD POLICY NUMBER
COMMERCIAL GENERAL LIABILITY / 0B3J208488 11/1/2022 T11/1/2023 EACH OCCURRENCE $ 1,000,000 _ CLAIMS-MADE / OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence). $1,000,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $1,000,000
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO. _LOC
POLICY VI PRODUCTS - COMP/OP AGG $2,000,000
OTHER:
|AW3J208478 11/1/2022 11/1/2023 COMSINED SINGLE LIMI 51000000 AUTOMOBILE LIABILITY a accident
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Per accident) S
AUTOS ONLY
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAB 0B3J208488 11/1/2022 T11/1/2023 EACH OCCURRENCE $5,000,000 CLAIMS-MADE AGGREGATE $5,000,000
RETENTION$O
WORKERS COMPENSATION TUB1R5099812243G 9/1/2022 9/1/2023 VETATUTE T
AND EMPLOYERS' LIABILITY
Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $1,000,000 OFFICERMEMBEREXCLUDED? N/ A
(Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000.000 ESCRIPTION OF OPERATIONS belor E.L. DISEASE - POLICY LIMIT | $1,000,000 [Professional Liability/Pollution Liab 013001524 2/14/2022 2/14/2023 Per Claim $2,000,000 Claims Made Aggregate $4,000,000
Deductible $10,000
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Romarks Schedule, may be altached if more space is required) See Additional Remarks Schedule APPROVED AS TO FORM
By:
MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Huntington Beach CA 92648
AUTHORIZED REPRESENTATIVE
L RSC Insurance Brokerage
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 72587047 | (IC) 2022-2023 GL-AUTO-UMB-NC-PL | Sandi Moxeno | 1/19/2023 2:58:34 PM (PST) | Page 1 of 10 AGENCY CUSTOMER ID:
LOC#:
ACORD® ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMED INSURED
Risk Strategies Company 17931 Can Stie 10
POLICY NUMBER vine CA 92614
083J208488
CARRIER TNAIG CODE
Citizens Insurance Company of America 31534 EFFECTIVE DATE: 11/1/2022
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Huntington Beach
ADDRESS: 2000 Main Street Huntington Beach CA 92648
Certificate is subject to policy limits, conditions and exclusions.
Re: Proj #12246 On-Call Material Testing & Engineering, Materials Testing & Geotechnical Engineering, Huntington Beach.
City of Huntington Beach, its officers, elected or appointed officials, employees, agents commercial Alto ce traged as required by written contraspects to General tilability and General Liability and Auto Liability coverages are primary and noncontributory as required by written contract.
Waiver of Subrogation is included with respect General Liability, Auto Liability, Workers Compensation as required by written contract.
Umbrella Liability is follow form to the General, Auto and Employers Liability policies subject to policy forms, terms, conditions, exclusions and endorsements. 30-Day Notice of Cancellation, Except for 10-Days for Nonpayment of Premium applies as required by written contract.
ACORD 101(2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD ADDENDUM 72587047 | (LC) 2022-2023 GL-AUTO-UMB-MC-PL. | Sandi Moreno | 1/19/2023 2:58:34 PM (PST) | Page 2 of 10