Cities Index.
Agenda

Temecula City Council
July 9, 2024

Document
Agenda
Meeting
July 9, 2024
Body
Temecula City Council
Pages
13
Original file
2.0 MB
Text extracted from the city's file for reading and search. Open the original on laserfiche.temeculaca.gov. That file is the official record.

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ARDURRA GROUP, INC. (CALIFORNIA)
Standard Billing Rate Schedule
Rates Effective through June 30, 2025
Staff
Hourly Rate t
Principal
$340
Project Execurive/ GA,/QC Manaqer
$299
Senior Program Manaqer
$288
Program Manager
$273
Principal Project Manager
$294
Senior Project Manager
$268
Project Manager
$237
Assr. Protect Manager
$135
Principal Construction Manager
$299
Senior Construction Manager
$268
Construction Manager
$237
Assr. Construction Mana er
$185
Senior Structural Engineer
$288
Structural En inaer
$227
SUE Technician'
$149
Structures Representative
$278
Senior Landscape Architect
$258
Landscape Architect
$191
Proect Controls Engineer, Labor Compliance
$170
Documents Control, Administration
$139
RegularTime
HDUdv Rafe
Overtime Hourly Rates
Stab
Rate '
Mon — Fri t
Sat. t'2
Sunday/ Holida
PE Licensed Ins ector {Prevaiiln and Non-Prevailm Waac1. 1 5211
$296
$296
$380
PE Licensed Inspector SPrevai:in and Na ;-Pravail;nq Wage - SpedSh 1t1-' ' ° 5216
5303
S 303
$1,89
Public Works Inspector (Prevuilin_q Wo e13'L.,
5204
5286
$286
$367
Public Works Inspector (Prevailing Wage - Special Sh hJ ' ` 5208
5291
$291
$375
Access;6il-ty Expert/ CASo Inspec'orc
5314
5440
$440
$565
DSA/ OSHPD Ins. echaeofRecord
5232
.5324
$324
$417
De sly InsaecF.on IPrevoi:in YY'a, ej
5191
5267
$267
$343
NDs Testing (Prevadmg Wage) '' '' °
S 191
$267
$267
$343
Public Works Inspector {Nor,-Prevoil;n Waael'
5170
5238
$238
1 $306
12 05/16/2024

Hourly Rate Schedule
City of Temecula On -Call Construction Mcinagement Services RFP No. 290 April24, 2024

Page 3 of 4 ends

-stag
Hourly Rate
Community Relations Strategic Advisor
$299
Community Relations Project Manager
$268
Community Relations Assistant Project Manager
$237
Community Relations Senior Account Coordinator
$175
Community Relations Account Coordinator
$149
Community Relations Senior Graphic Artist
$196
Community Relations Graphic Artist
$165
Community Relations Account Assistant
$129
Staff
Hourly Rate t
Principal Engineer
$288
SWPPP Practitioner'
$180
Specialty Professional/Discipline
$288
Senior Environmental Scientist
$258
Associate Environmental Scientist
$185
Assistant Environmental Scientist"
$155
Staff
Hourly Rate
Senior Traffic Engineer
$268
Traffic Engineer 111
$258
Traffic Engineer 11
$216
Traffic Engineer 1
$191
Traffic Engineering Associate 11
$175
Traffic Engineering Associate 1
$149
Traffic Engineering Technician 111*
$155
Traffic En2ineering Technician 11
$134
Traffic Technician I'
$109
Sr. Transportation Grants Manager
$237
Transportation Grants Manager
$175
Sr. Transportation Project Coordinator/ Graphic Artist
$196
Transportation Project Coordinator / Graphic Artist
$149
13 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND DUDEK

ON -CALL CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Dudek a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html oc�v/Public-Works/PublicWorks.html

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant, provided Consultant is fully compensated for its services rendered in accordance with this Agreement. Any reuse of the work product beyond the original purpose for which it was created and any modification of the work product by the City shall be at the City's sole risk. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
05/16/2024

10. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
05/16/2024

4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and 05/16/2024

all subcontractors must agree in writing to be bound by the provisions of this section d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without 05/16/2024

written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Dudek
Attn: George Litzinger
605 Third Street
Encinitas, CA 92024

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 05/16/2024

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By.

Rand! Johl, City Clerk
APPROVED AS TO FORM:

By:
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Jo p Monaco, President/CEO
By: _0 V
Danielle Voss, Assistant Secretary/HR Director
Peter M. Thorson, City Attorney CONSULTANT
Dudek
Aft: George Litzinger
605 Third Street
Encinitas, CA 92024
760 479-4148
[email protected]
05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) includes on -call construction management service for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to some or all of the following services:
• Professional project management and construction contract administration, including correspondence, scheduling, progress meetings, progress payments, reporting, logging, filing, community outreach, inter -agency coordination, etc. • Professional Inspection. This may include one or more of the following: civil, structural, survey, electrical, hydraulic, traffic, geotechnical, landscaping and irrigation, and wet/dry utilities.
• Quality Assurance, including materials sampling and testing. • Environmental compliance, including National Pollutant Discharge Elimination System (NPDES) implementation and resource agency permits.
• Utility coordination.
• Labor, health, and safety compliance.

Pre -construction services. This will include reviewing contract plans, specifications, agreements, and contract documents; providing assistance in responding to Requests for Information (RFI) during bidding; providing assistance in Bid Analysis; meeting and establishing communication protocols with the City's Oversight Engineer and Project Manager, Design Engineer, and execute all preconstruction meetings.

Post -construction Services. This will include preparation of as-builts, punch list and final documentation and turnover of project files.
10 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
11 05/16/2024

DUDEK 2024 Standard Schedule of Charges
Engineering Services
Project Director
_$335,00/hr
Principal Engineer III --- ---- ----- ..... . ......... .. ...... $310.00/tir
Principal Ehgjiwff H....... __ - _ _ _ . ............... $290,00/itr
Principal Engineer I .. ...... ... _ .......... .. .. .... _ __ $280.00/hr
Pi ovum Manager ............. ... ..... .. .... .....
...... ........ 6265.00/the
Senior Project Manager
----------- _$265_00/hr
Project Manager.._..._ ........... .... ....... ...
___ . . . ...... $255.00/hr
Senior Engineer III .. ........ ...................... ....... ...... _-.4250.00/hr
Senior Engineer 11 ---- ---------- ............ ... . .. . ...... ............ __...._$240.00/hr
Senior Engineer I ___ ................ ......... .......... __ _$230.00/hr
Project Engineer W/TilchniCidirk IV_..... .... . .............. ...... ....... $220.00/hr
Project Engineer III/rechnician III --------------- - ----- ----- $210.00/tv
Project Engineer II/Technician H ------------------
: . ..... . $200.00/hr
Project Engineer VTedinician I ------- ---- -------- - ----- •------ ---- - $180-00/tir
3D Production Manager ----------- .......... $210-00/hr Senior Designer 11 ------------- ..... ..... ---------
. . ........... __4200.W/hr
Senior Designer I
$ 195_00/hr
Designer--------------_---------------.------....._....,.. - .. ............ ­$l'Ez-00/hf
Assistant Designer ---------------------- ..... ................ ...... . ....... $180-00/hr
CADDOwatorill............................... . ........... 1176.0whl LADE) Operator 11 ---------------- ..............
$165.00/lif
CADDOpaialorl ...........
$145 00/hr
CADD Drafter ... ... ....... ...... ...
..$135.00/hr
CARD Technician ---- -- ------- - --- ----- .. ...... ........ .... ---- --- S M 00/tv
Project Coordinator --- ---------- '_--......................._.$155.00/tr Engineering Assistant
____4125-001hr
Environmental Services
Senior Project Director.._ - -----
$330.00/hr
Project Director ........ ... .......... .....
_4285-001hr
Senior Specialist V. ___ . ....... ...
$260.00/hr
Senior Specialist ............ .. ........ ............. $245.00/itr
Senior Specialist III _. _. _ ...... ....
..... $2.%-Wlv
Senior Specialist 11 ................ ___ .......... .. _4225,00/lur
Senior Specialist I ------- -- --- -- -- ... .... . .. ... ......... ... __$210.00/hr
Specialist V.............. -'-----------_ ____ .....
...... . .. .. .$196.00/lv
Specialist IV......_. ... .. ..... ... .... . .......
. ........ $ Iffi.00/hr
Specialist III __ - - .1 . ..... --- --
---------- $175.00/itr
Specialist 11 ............ ........

Specialist I . . ............ ....... ........ ___ ..... . ............ .. ....... . ....... $155.00/hr
Analyst V ------- --
4145,00/hi
filialyst IV -- ----- ------- ---------- - ----- ....
. __'-$135'00/1w
. ..... .... . ...... .....................
..$125.00/lkr
Analyst 11 ................... ------ _ ............................. $11.&GO/hr
Analyst I ....................... _- - - ---
$105.00/tif
Technician III
$90.00/hr
Technician 11 . ..... .. . ...... . .........
$80.00/hir
Technician I -----
_S70,fthr
Mapping and Surveying Services
Application DievelopH 11 - . ... ...... . ....... .. ....... . ........ -$220-00/lir
Application Developer I � ......... . ............ .. _ ...... - ------ - --- $155.00/hr
GIS Analyst V -------------------------- - ................. ................ ..$205.00/hr
GtSAnalyst N . ---------- ...... . .. ......................... __ ------------- --- _41170-00/hr
GIS Analyst ----------- ------------- ____ .......
.............. $150.00/hr
GG Ann" 11
S135_00/fir
G6 ArwW I . .....

UAS Pilot ............ __ ................. ............. . $145.00/hr
Survey bead .......... .......
_._ $235.00/hir
Survey Manager . ----_------ . ....... ........ __ ....... ....... ___..$21&00/hr
Survey Crew (>)iO _.__ .... . ............... _ ....... $165.00yhr
Survey Rod Person... ...............

Survey Mapping Techniciark_, ........... ............
.-._..-_.$95.00/lir
Construction Managatimseft Swvkelt
PnnCIpuVMa`tUge(
Senior Project ....... . .......
$i80.00/hr
Construction Manager .....
$175.00/lir
Project
Resident Engineer. ................. . .....
0014ntniction Engineer ...........
$170.00/lar
Oit-site Owner's Representative... .. ......
_.._$160.00/hr
Prevailing wage Inspector . .. ... ......
­..­.1­LS 165.00/161
('A)' tskItteti011 Inspector . ...... .......... ..... __ ..... --- - -- --- --- 3145,DD)h?
AdrifiltLstratol/Ldibor (�rklppwt+ce. . _ __
_; .. ............ $120.00/hp
DUDEK
Hydrogeology/14axwoote Servickes.

Pto*t Director . _... . ................ __ . ......
_._$33500/hr
Principal Hydrogeologid/Bigineer III ...........
$310-00/hr
Principal HydrogeologisVEngineef 11
....... $300-00/lir
Principal Hydnagoobogist/Engineef I
........... ... $290.00/tir
SdtimtHydiogttMog*IV/EiioiiewV.-.......
.. .. ___$2W,0Qftw
Senior HydrogeoloWl IV/Engineer IV .............
....................... $255 00/hr
Senior Horigedogisl IIVEngineer .............
-- ----- ----- $245.00/hr
Senior Hy(Ilmogeo.10051 II/Engineer 11 __ . ..
. .................. ..... _$235_00/Iv
Senior Hy0ogenLoCi5l VEngineer I ___
--- ------- $225-00/tir
Project Rydiogeol oqp%ii V/Eilgineer V,.--
. . . ....... ...... $215 00Ad­
Project Hydrogeologilst IV/Etqbpiew
- - ------- __$206-001hr
Project P "cigwoost 11 I/Eivil xaox Ill ___
.... . .... ... $295.013y1ir
P, oJect Hych 090dVat IV Ffigm keel 11
Project I fydrogeoiogist I/Erigynter I .......... .

Hazimilat Held Technician
District ManagerneM & Operations
District General Manager .. ........ __ ......
.... .. ............... $230-ODAir
District Engineer---...._ ............... ............._.,--.-..................._..$215.00/tr Operations Mand&r ....... ----------- ----
----- ------ _$165-00/hr
Distinct Secietury/Acciountunt ............. - --------- ------- - ....... ..... $145-00/lir
(;OM-cIkwv& System MwwqW
_$145.00/rhr
Grade V Operal or ................ S 13500/hr
Grade IV Optiratoo -- --------- - -------------
_$115 00/hr
Grade Ill Opeitttkar__ ...... ....................
--------------- --- $11000/hr
Grade 11 Operator........._
$90.00/hr
GradelOpuntor ----- .. .....
--- $80-00/hr
Operator in Training._......_. .............. . . ..... ......... ... $75.00/hr
Collection Maintenance Worker
$80-00/hr
Creative Set vices
Creative Services IV......._......__..........._ ..
$175.00/1ir
Oreative Services Ill.--
- -- --- ----- $150-00/hr
Gpeative Services 11 _ _ ....... ...............
. ..... ....... $140-00/11mir
Greubve SarAm I.... . ........... .......... .....
............... __4125.00/tar
Publications Services
Technical Editor IV--
-$175.00/hr
Technical Editor Ill ................ .. ....... ....... ...... . .......... __$150.00/br
Technical Editor It.-. __ - - - . ----- --
-- ---- ------- ----- $14110PAIr
Technical Editor I . ......................... ....... . ..... _ _._ -------- ----- _$125.00Air
Publications S01dalidt Ifill- . ..... ....... ... ____
......... ...... $130_00/hr
Pub4cationliSpecialist Ill_.. ___ ----------
Publications Specialist 11 . ------- _ -------------
................... $110-00/lir
Publications SpecildW I.._ ............... .....
.. . ......... ..... $100-00/hr
Clerical Admitlishaticiti....... _ -------- -----
­­­ ....... .... . - $90.00/hr
expert Witness -Court appearances, depositions, and interrogatories as expert Witness will be billed IA 2,00 takes normal rates-
9114111(gliM kind "i4sys - Minimum charge of two Mars Midi be 1)410 at 1.75 tirneii the normal fate
11011111011101 WA 0141sidis Sarvickis - subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc, are charged at 115 times the direct cost
Traftl Openswits - Mileage at cwrent IN allowable rates- Per them where owrnod stay is involved is charged at cost
InVOicas, Late Cher(ft - All fees will be billed to Client monthly and sham be due and I)BYlible Upon 1110W, likWOiCeS are delinquent if hot paid Within 30 days from the date 414 lilt -A1'04t. "Mt thrCtS to Pay MtM*51. st 4 l,0% aftnUal f&W far a OAAS . np.,o oraimim unial 30 days vow iris amin ol rite ,m'nhOe.

Anchill incressms - Uniess identified ollnerwise, these standard rates ail wickrease m line with it* CR4) Itil' the nearest urban area per the Deputment of labor statistics to where the work is being completed) Or by 3% annually, WhiMeNfef is ftCW PrOINNIft Woo - The foLOS LUwa above usswim prewwokS ease ti.ws hw j%ot *ppjy lo fts assumplOn is -f1C0HW BkWeh rvSeke5 Vic F,Vn W adjuM 41 (0110 WC OW Vy L:2F -,a- . April 22_ 2024
)" Masco, President/OEO Date
EFFECTIVE JANUARY T. 202_4
12 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND ANSER ADVISORY

ON -CALL CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Anser Advisory, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.Qov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www,dir.ca.gov/Public-Works/PublicWorks.htmi

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024

and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024

b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024

better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or' agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024

or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Anser Advisory
Attn: Tyson Atwood
300 Spectrum Center Drive, Suite 1400, 14th Floor
Irvine, CA 92618

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 05/16/2024

the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:�
Melanie Estes, Vice President
Peter M. Thorson, City Attorney CONSULTANT
rson, Vice President
Anser Advisory _
Attn: Tyson Atwood
300 Spectrum Center Drive,
Suite 1400, 14' Floor
Irvine, CA 92618
(714) 276-1135_ _
tys o n . atwoo dna n se rad vi so ry. c o m
s
05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) includes on -call construction management service for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to some or all of the following services:
• Professional project management and construction contract administration, including correspondence, scheduling, progress meetings, progress payments, reporting, logging, filing, community outreach, inter -agency coordination, etc. • Professional Inspection. This may include one or more of the following: civil, structural, survey, electrical, hydraulic, traffic, geotechnical, landscaping and irrigation, and wet/dry utilities.
• Quality Assurance, including materials sampling and testing. • Environmental compliance, including National Pollutant Discharge Elimination System (NPDES) implementation and resource agency permits.
• Utility coordination.

Labor, health, and safety compliance.

Pre -construction services. This will include reviewing contract plans, specifications, agreements, and contract documents; providing assistance in responding to Requests for Information (RFI) during bidding; providing assistance in Bid Analysis; meeting and establishing communication protocols with the City's Oversight Engineer and Project Manager, Design Engineer, and execute all preconstruction meetings. • Post -construction Services. This will include preparation of as-builts, punch list and final documentation and turnover of project files.
10 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
11 05/16/2024

Labor
ANSER'\

ADVISORY
Part of Acccnture
Position
Principal
$280.00
Construction Manager, Senior
$249.00
Construction Manager, IV
$215.00
Construction Manager, III
$180.00
Construction Manager, II
$150.00
Construction Manager,1
$125.00
Inspector (Prevailing Wage)
$191.00
Inspector, Senior
$175.00
Inspector
$155.00
Document Control, Senior
$115.00
Document Control
$95.00
Labor Compliance Manager
$135.00
Labor Compliance Analyist
$110.00
QDC's (Reimbursable Expenses)
Description
'Vehicles*
Month
$1,350.00
POV Mileage Exp.
per IRS rate
CM Software (As -Requested)
Per Project
$3,500 - $5,500
Subconsultant Mark -Up
0%
' Max Rate. Billed as a percentage of actual hours billed NOTE: Vehicle rates are billed as required by project needs. Any project which requires CM or Inspection work within the public ROW will require a vehicle.

CITY OF TEMECU A, I ON -CALL CONSTRucroN mAt4AQE.MFNY 5ERVICE5 12 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND MARK THOMAS & COMPANY, INC.

ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Mark Thomas & Company, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.ciov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.htmi

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024

volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8.

B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024

accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
05/16/2024

6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Mark Thomas & Company, Inc.

Attn: Paul Mittica
2121 Alton Parkway, Suite 210
Irvine, CA 92606
05/16/2024

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following 05/16/2024

non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

MARK THOMAS AND COMPANY, INC.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

By:

Zach Siviglia, President
R. Matt Brogan, Secretary
By:

Peter M. Thorson, City Attorney CONSULTANT
Mark Thomas and Company, Inc.

Attn: Paul Mittica
2121 Alton Parkway, Suite 210
Irvine, CA 92606
(714) 815-5222
[email protected]
10 05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this services include:
• Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks
• Locate Existing Monuments
• Perform Boundary and Control Surveys
• Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition • Perform Aerial Mapping and Topographic Surveys
• Establish and Verify Horizontal and Vertical Control
• Locate Horizontally to 0.1+ feet all Existing Facilities • Perform Field Surveying for Project Planning and Design Purposes • Complete the Design of Minor to Moderate Engineering Projects • Perform landscaping and irrigation design
• Perform lighting design for streets and parking lots
• Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc.
• Provide Environmental Document Services, including performing the required Studies and Surveys
• Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance
• Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 11 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
12 05/16/2024

MARK TH MA COMPANY, INC. RATE SCHEDULE
EXPIRES JUNE 30, 2025
Engineering
Surveying
Intern
$55 -
$104
Survey Technician 1-III
$61 -
$194
Technician
375 -
$159
Lead Survey Technician
$132 -
$205
Design Engineer 1
$97 -
$180
Survey Specialist 1-111
$113 -
3289
Design Engineer II
$123 -
3217
Asst Surveyor 1-111
$113-
3213
Sr_ Technician
$130 -
$217
Project Surveyor 1-111
$168 -
$276
Civil Engineering Designer
$130 -
$247
* Chief of Party
$179 -
$273
Project Engineer
$162 -
$228
* Instrumentperson
$165 -
$244
Sr_ Project Engineer
3181 -
$261
* Chainperson
$156 -
$230
Sr_ Technical Engineer
3181 -
$261
* Apprentioe
$78 -
$184
Technical Lead
$201 -
Wl
* 2-Person Crew
$275 -
3420
Sr_ Technical Lead
$243 -
$M
* 3-Person Crew
$425 -
$525
Design Manager
$327 -
$431
* Utility Locator
$141 -
3236
Engineering Manager
$340 -
3416
* 2-per5on Utility Locate
$291) -
$473
Sr_ Engineering Manager
3363 -
$543
Drone
$250 -
$263
Construction Management
Project Management & Oversight
Office Technician
371 -
$124
Project Ma -age,
$201 -
$311
Office Engineer
$123 -
$247
Sr. Project Manager
$243 -
$390
* Asst. Resident Engineer
$17$ -
$',44
Surrey Manager 1-11
$222 -
$337
* Inspect y - CM
$138 -
3383
Division Manager
$275 - $486
Project Controls/Scheduler
$172 -
$340
Principal
$447 -
$562
Resident Engineer
$233 -
W4
Sr_ Resident Engineer
3292 -
$412
project Support
Area Manager - CM
$340 -
$543
Technical/Sr. Technical Writer
368 -
$210
Projectl$r. Project Assistant
$78 -
$161
Planning
Project/Sr_ Project Coordinator
$107 -
$206
Planner 1
391-
3133
Graphic/Sr. Graphic Designer
$113 -
$225
Planner 11
$100 -
$1B4
ProjecUSr_ Project Accountant
$117 -
$217
Sr_ Planner
$123 -
$217
Sr_ Graphic Manager
$162 -
$2$1
Project Acoountant Manager
$178 -
$261
Lands€ape Arc hitecture/ Urban Design
Landscape Intern
$55 -
$104
District Management
Landscape Designer 1
$87 -
$137
* Inspector - Apprertioe
W -
$127
Landscape Designer II
$107 -
$172
* In5pector/Sr. Inspector
$110 -
$187
Landscape Architect
$123 -
$232
Assistant/Avcciate Sanitary Engineer
$156-
$247
Sr_ Landscape Architect
S133 -
$258
Sanitary/Sr. Sanitary Project Engineer
$185 -
$337
Operations/Deputy District Manager
$253 -
$404
Grant Writing
District Manager -Engineer
$356 -
$442
Funding Specia ist
$123 -
$254
Sr_ Funding Specialist
3168 -
3290
Special 5ervites
Funding Manager
$285 -
$393
Expert Witness
$494 -
$519
Strateg c Cansulti-g
$494 -
$519
Reimbursables i -o uding, but
not lim ted to; reproductions, delivery and filing outside consultant fees; and survey field expenses will be bilied at Cost Plus 5%. Mileage will be billed per current iRS Rate.

Ad6torxaf promote vwa sups exist wdhn vuorious roam wtegadn This roam sm*dufe expires ku?e 3p rases
are so8jpiet W e$= with rapes hourly rate Ar dude as a(Ady 7, 2 ?.5- * 7twse ct wge rates are su
to Frm ikng Wbge taws and Urman rontrn
13 05/16/2024

Earth Mechanics, Inc.

Gavteehnical A Earthquake Enginearing
EARTH MECHANICS, INC.

FEE SCHEDULE (2024)

CLASSIFICATION
Principal/Senior Consultant

FULLY BURDENED

HOURLY RATE
2024
$303.00
Principal Engineer/Geologist
$302.00
Senior Engineer/Geologist
$224.00
Sr. Project Engineer/Geologist
Project Engineer/Geologist
Sr. Staff Engineer/Geologist
$204.00
$174.00
$153.00
Staff Engineer/Geologist
$134.00
Senior Technician
$156.00
Technician*
$81.00
Administrative Assistant*
$147.00
* Non-exempt staff subject to overtime pay per California law.

Annual Escalation = 5%
Reimbursable expenses including, but not limited to, drilling, traffic control, waste disposal, specialty testing, and private utility location services will be reimbursed at actual cost with supporting invoice.

Charges invoiced fortravel, lodging, and subsistence shall not exceed the Caltrans rates. 14 05/16/2024

GEOCO \1
W E S T. I N C.

GEOTECHNICAL ■ ENVIRONMENTAL ■ M A T E R I A L$
2024 SCHEDULE OF FEES - RV24
Professional Services
Word ProcessoriNorrJechnical AssistanVDraftsmarVDicpatcher $9511v
Engineering Field Technician (EanhworkfCompaction TestinglBacklil)----------------------------------------------------------------------------------------------------- �851hr
Special Inspector (Concrete, Rebar, Masonry, Welding, e(c-)................ ---------------------------------------------------------------------------------------------------- '901hr
Engineering Inspector (Bottom Approval f Shoring! Foundations I Piles) *11011v
StaffEngineer.+Geologist................. ............................................---------------------------------------------------------------------------------------------........ '125Ar
Senior Staff EngineedGeobgist
*135A r
ProjectEngineer!Geologist----------------------------------------------------------------------------------------------------------------------------------------------------------..... `145Ahr
Senior Project Engineer+Geologist .. .... .... .... .... .................................--------------------------------------------------------------------------- ...................
'155A r
Senior Eng ineerfGeolagist
*175A r
AssociateEngineer.+Geologist................................................................................---------------------------------------------------------------............................ '20OA r
OxenimelSaturday RateNight Rate (7pm —ham wl 8-Hour minimum per cal autj
15 X Regular Hourly Rate
Sunday and Holiday Rate......................................................................... ............................................................................... 2 X Regular Hourly Rate
Minimum Field Services Fee per call -out, 4 Hours (i4 hours or less), 8 Hours (if
more than 4 hours and less than 8 Hours)
Short -Notice Cancellation, 4 Hours ff after 4 pm of the day prior to the scheduled inspection (ime)
Short -Notice Cancellation, 4 Hours (upon or after arrival at Asite) 'Prevailing Wage (PW) CaliFom is Labor Code §1720, et. Seq add $50+r Equipment, RAaterials, & Analytical Tests
Nuclear Density Gauge
'lNhr
SandCone Testing Equipment------------------------------------------------------------------------------------------------------------------------------------------------------.. '101hr
Vehide
'1011v
Special Inspection Equipment
'511v
Asphah Cold Paich�Concrete (60-lb.), Cement (94-lb.).................................................................................................................................... 20fbag
55-Gallon Drum .................................................................................................................................................................................................................... '65lea
Pick-up Truck ---------- ---- ---- -------- ---...----------- ----....................................... ---..---..----.----.............................................. ---- ---- ---- ---- ---- ............
'125May
Hand-Auger........-----------.------------------------------------------------------------------------------------------------------------------------------------------------------------. 401day
Water Level Indi-alor
10lday
Generator or Air Compressor ....................................................................................................................................................................... '1001day
Laboratory Tests*

COMPACTION CURVES

SOIL AND AGGREGATE PROPERTIES
(D69&rD1557Ji99fr1U8)4-inchmold ----------------------------------------- 4306iea
(DMT88)ParticleSize,HydrometerwioutSieve..---..---..---..----------.$2501ea (D698,D15571f99fT1CB) 64ch mold ---------------------------.---..---..---..--. 3(101ea
(C136,D6913lT27) Sieve, Coarse to Fine w1 #200 Wash.......................1751ea (CT 216) Califomia Impact
3001ea
036D6913IT27) Sieve, Coarse or Fine w1 H200 Wash
1501ea
Cheek Purl .................................................... ................. ................... 1251ea
(03601591 Y127) Sieve, Coarse or Fine No #2DO Wash .----.----.----.----.125fea SOIL AND AGGREGATE STABILrrY
(C1171D1UN11) Materials Finer than#200........................................ 115fea
(D2WICTM1) Resistance Value -...--...----.----------------------------..--...-MDea (D221&T2651OT2MMoisture Cmtent--------------------------------------------------- 401ea

CHEMICAL ANALYSIS
(D2937) Density of In -Place Soil, Drive-Cyl. Method ................................ 501ea
(131BMT64YIF288) pH and Resistivity ........................................ 4175fea
(D24191CT217fi176) Sand Equivalent ................................. .... .... ...... 1501ea
(CT417) Su Fate, Content--..------------------------------------.......................125&a (D431d1CT2041Td91•r96) Plastic Index (PhsfidLiq. Limit) ..................... 25Wea
(CT422) Chloride Content .-----------------------------------------------------..---1251ea (D43%CT204TT139) Liquid Limit .---..-----------------------------------------------125fea (D2974) Organic Content...--....................................................... 1D01ea
(13431d1CT204fTA) Plastic Limit ................................................. 125fea

PERMEABILITY, CONSOLIDATION AND EXPANSION

SHEAR STRENGTH
(D2435f1216) Consolidation (6 pts. wl Unload) ----------------------_---_---_ ---- 4DOfea
(D30BR T236) Direct Shea r (3 points) ------------------------------ ---- ---- ---------- 350fset
(134829) Expansion Index of Soils .................................................. 25O1ea
CONCRETE* •

ASPHALT TESTING
Mix Designs:

Asyhak Properties:
(C39fOT521 F22) Camp- Strength, Concrete Cyl
$30fea
(131566lCT366) Stabilomeier Value (HVEEM).----------------------------..$2251ea (C42FCT521 fT22) Camp- SI a cth, ConcreWGunite Care -------------.... $601ea
(D2041) Theoretical Max Specific Gravity ......... ---------------------------- $2DOfea
(CT8fCT523) Flex. S`ren-):F : �'x6'x2l' Concrete Beam----------------$1251ea (D5444) Sieve Analysis of Extracted Asphalt ............... .................... $25O1ea
(C1140) Shctcrete Pars_,- :: n g & Testing (Set of 3) ...----------------... $350fset
(D63071CT382) Percent Asphalt, Ignition Method ................................ $175!ea
(C1140) Shotcrete Panel (each addtl- speci men) --------------------------------- $1251ea
(D11813) Unit Weight of Asphalt Core......................................................$95!ea `This abbreviated Schedule or fees is being provided upon yaw request Geoeon Worms Full rleotechnical soil and materials tes4na. A complete Fee Schedule listing the per test price can be prowided upon request 19 Surcharge on rush turnaround Fur laboratory testing. 'Fee applies rorsample storage, testing, or disposal.
15 05/16/2024

FEHR �' PEERS
Hourly Billing Dates
Classification
Hourly Rate
Principal
$265.00 -
$410.00
Senior Associate
$230.00 -
$325.00
Associate
20U0 -
$290.00
Senior Engineer/Planner
$175.00 -
$250.00
Engineer/Planner
$150.00 -
$200.00
Senior Engineering Technician
$165.00 -
$240.00
Senior Project Accountant
$185.00 -
$225.00
Senior Project Coordinator
$145.00 -
$205.00
Project Coordinator
$130.00 -
$190.00
Technician
$145.00 -
$185.00
Intern
$115.00 -
$150.00
• Other Direct Costs Reimbursab le expenses are invoiced at cost phis 70% for handling,
• P rsonod auto mifeoge is reim-bursed at the then current IRS approved rate • Voice & Dato Communications (Tetephone, fax computer, a -maid, etc.) are invoiced at cost as a percentage of project iabor.
16 05/16/2024

PLACEWORKS
PhceWorks — 2024 Standard Fee Schedule

STAFF LEVEL

HOURLY BILL RATE
Principal
$21"335
Associate Principal
$195275
Senior Associate II
$17fl $260
Senior Associate I
160220
Associate II
$135190
Associate 1
125175
Project Planner
$1D5165
Planner
$90—$145
Graphics Specialist
$90—$155
Administrator
$145235
Clerical/Word Processing/Technical Editor
$45—$155
intern
$8"115
5ub€onsu Rants are billed at cost plus 101A Mileage reimbursement is at the standard I IRS -approved rate.

Passible yearly increase of 5% on bill rates.
2 024_std FeeShc _01-12 4
17 05/16/2024

2024 Hourly Billing Fates
California Offices
Massaging Principal 320-$340
Senior Principal $375
Principal $300-$315
Senior Vice President $260
Senior Consultant $260
Vice President 245-$265
Senior Technical Associate $215-$275
Senior Associate $215-$240
Associate 195-$205
Research Analyst II $155
Research Analyst I $10D
Production and Administrative Staff $ 100-S 12;
18 05/16/2024

Standard Fee Schedule
Standard Fee Schedule for Year 2024-2027

STAFF LEVEL HOURLY RATE
Principal
280
Senior Project Manager
250
Project Manager
220
Senior Engineer
220
Assistant Project Manager
180
Project Engineer
150
Assistant Engineer
125
Technical Support
105
Administrative Support
75 The above rates are effective until December 31, 2027. After the date specified, the labor rates may be adjusted to compensate for labor adjustments and other increases in labor costs.

The cost of printing, mileage, mailing and other expenses incidental to the performance of the services are not included in the hourly rates of above listed hourly rate schedule_
LIN Consultinginc
19 05/16/2024

F172

MONUMENT

HOURLY RATE SCHEDULE
Right of Way Management & Implementation
Program Manager / Principal
$290.0 per hour
Senior Project Manager / Sr. Utility Project Manager
$210,00 per hour
ROW Project Manager 2 / Utility Project Manager 2
$19100 per hour
ROW Project Manager 1 / Utility Project Manager 1
$160,00 per hour
Utility Coordinator
S130.00 per hour
Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $145.00 per hour
Acquisition Agent 2 ! Relocation Agent 2 / Property Manager $120.00 per hour
Acquisition Agent 1! Relocation Agent 1
$110.100 per hour
Senior Project Coordinator
$120.00 per hour
Project Coordinator 2
$110.00 per hour
Project Coordinator 1
$100.00 per hour
Senior Project Analyst
$135.00 per hour
Project Analyst
5110.00 per hour
Researcher
$90.00 per hour
Project Support / Administrative
Professional Staff
$85.00 per hour
Project Controller 2
$100.00 per hour
Project Controller 1
$75.00 per hour
Project Support Specialist
$75.00 per hour
Trig above houty rates are exc usive of local travGlInikQW, phatacopying, first class postage and overnignt courier serwica. These 9a penssc including out-of-pocket expanses such as pre -approved traA and lodging, outside exnibit praaaraton, requested overnight couriaror regictersd ar"or certf iiod mad {return recapt requested) charges, and specialty reproduction {unless otherwise spaD59dj ae in addition to the co'rtract amount and will ba CnargW at cost pus tan percent {+lD%) for administration, dodrainatdn, and nannilg_ Subcartractea services, other titan Mode listed above, w I be invoiced at cost plus tan percent (+If)%).

In the event Mnumertt iS� required to pgrtdrm arty act in relation to litigation arcing out of any project wan the Client (tor example, expert consulting, responaing to a comdaint. or procgeailg vdll fiery and tray„ sucn So vC0 are not part of tnia axmact, nor aramey part of orr normal tees_ If requ red, those tybes o'seNces will bit incciced at two times the regula, naurty rates.

In tna event tnis contract gxienaS bayona tllg ilitiatterm of the PFA, file naurty raM and any remaining amount it the cantraCt 9n6L ne aajLjS:ted upwardly oyfive percent {5%) per annual, comcounaea annua y, on trig anniws sary date o•tnis con*=.

W ttan communcation aenicos in ottler languages would be an add tonal cost and wou 0 sue billed separately based on quoted hourly rates by ndepenaerrt translation SO iDes, Verbal Communicatian in Span tin, t necessary, will be incluaa4 at no additional crorga.

Monument will submit monthly invoices for the prafessidnal and traag serwices rendered ba= on the holly rate schedule provided above. The client shall promptly pay the uncorrected amount due within no- more than thirty PD) days after rgoeipt of trvoi'G_ upon complotian of services, the remaining unbigd amdrfrt of YYe project balaMg Snail beCOnle iMMWA ey dug and payable. 20 05/16/2024

ubconsultant. CL Surveying and Mapping, Inc.

City of Temecula
(RFP) NO. 291
ON -CALL CONS TRUCT1ON MANA GEMENT SER VICE
NAME
Gran Calvillo, PLS
ROLE
Survey Task Lead

HOURLY RATE
$265.00
Lam Le, PLS
Project Surveyor
$220.00
Bob Vasquez, PLS
Project Surveyor
$220.00
Survey Technician
$195.00
Admin/Coardinator
$100.00
1-man crew
$275.00
2-man crew
$395.00
3-man crew
$500.00
These hourly rates & unit prices include other direct costs, indirect costs and expenses except as noted below. Overtime will be billed at the same hourly rates indicated below, with no prem ium or surcharge (except for field technicians). Rates are valid for 5-year from the date of contract execution, with a 3% escalation annually thereafter.

The contract i s expected to be exe cu ted i n J u ne 30, 2029 The following items are considered reimbursable expenses and will be billed at cost with no markup: Specific computer hardware and software required bythe client for project use (other than personal laptop computers with standard office software and personal printers), outside reproduction, mileage (current IRS rate), field office facilities, field office utilities (water, power, severer, internet, phone), multi -function printers, field office supplier, airfare, postage, parking, out-of-town travel expenses, car rental and field vehicles
(FIRM) field vehicles will be billed as a surcharge to hourly rates of assigned personnel, or as a direct cost at $ per month per vehicle. 21 05/16/2024

LABOR RATES
CLASSRGTMla11 vNit
TlidWdanl_..._,._.,._..._...._.,._...._—._—.,__.._..__._.—._,_ III Tomwilam II { 115
Saltier TKN*dan f 54nim SPadsd InfpllCtpr __._ .._ _ ._— ..-.,135 PrNmTirlg Wage (field sails { materials rmb1 a __ISO
k-aTig wage {Spsawl limpo€tarl "M
PmA g WKt (On slu Sam Irnpartux_ = and soil nmrrl kban
C--.................................. ..................... ........... - _.,f so 5yssem Operw0grr iA Mrinygrwnce 175
Mg&Q0MI 3W Talting (N0T). .......... 1B5
Deputl` IrnPeGar.— — --- -- -- --- --- — --135
fold !
5durca .....J.......—.--16D
Clly of 1 n• /runt— rJ rely nuildinrn V— iuiinrg r rdin!p Er9-1k— 1A4 T 5ae Prevailing WaW In Tema and Condibm
aAMICATM V11R
Prvja�tAdrrsrlistrator,'Ward PrnosssrKldlar.._..,._.__..._.._M.._95 Ir134+1ndd€[5 So�ialiu ,��.�. .-135
CAD 160
43E Speaalist
--- 1E0
Glrr,raWlyct
190
SW Engineer raCkqbt ! Sri�neest...�..—...�_,___..,._..�.._.._ � 184
Senior Sea" `' _ -?er f Gmlayist ! Sdandst { JOS
CrtaadWs .-L:•a;r,r: I.'a r.._...�.—
PrUJW Erpiner i ^srn ..
...225
5ettior �'ole`rt 1:r�� f veolagiat r 5ciernist i �341�._.—.._._-250 Prrlydptl.._...............
_..�
4;,-6,R Mir."
hlal!e.AHa131s��nrtrxi arrde,qui�rrherrtptaridtdulyddl requrlr

TERMS AND COMMONS
• 9m5iratian: Thin fay tehaduia it rff6trim ftbmh D icarrhhar

31. 20U after which rrgrriprevail'rrg "e q4 for remaining or additional SaMCes will ino*m by 4% on January 1 st of each y"r
• Proposal Expdiralion, proposals are valid for at kmt 3O days. -gLd*ae to ehangs Ahm W day%. unless ai+hG viva rtirtad In an attached proposal
Prevaging Wagek; Our fees for prevailing wage work are
lased up0rh Californla vevall Ing wage lam and WbP
determinations. Unless spadfiraPy i ndicated in our Proposal, rests 'of apoP*Mkco at& Not ieleludad. IF woar* mquirad !o nave an appremice lsrr your project, acidatianal fates will be charged_ Prevailing %wage rates will increase by fah an July 1st of rash year
• Qverdner Slwidiiud overtirne raM is per California Labor Law and as Ir Hod st 7.a or 2 4me7 thctr hourly bil liry rate [ivanlM& riff for non-f>tlrnpt fi oId personnel working on a Leigrlodn 06serAd holiday 15 belled st 2 emes their kwrly bilking rM.. Dlertime rate ror prevailing .wage tuark is per the California NpanmeM of IndiasgnaI RaWions (01F ;-
determination and is ntllltiplied at 1-5 to 2 ti m their h ourty I illing rake Por o+ Mrne end doubly -time, rf5pfCghA0y Expert Wititem Time: Expert witness deposition and
ta-e imany wil 1164 &arrd at 2 tiny h4uwly rates listed on the previous pages. with a minimum charge e. fD Ir hours per day
Minilrmen F W4d Hourly Charger for Field Tichrivsani. Special lnspectm or any on -tit* (M*kd) m terials t4Sdinp somAe v 4 hmrs: 4-hour minimum cNrge up to the first four hpu #elf Work.
a hours! 6-Pour mtnlmum file rgt for over four muss tat wor0% up to eight hours.

Arojert time accrued includes porzsl to porsal ira%et tmf- // Leighton
Out%ida Direct Caata: 149a%V enuiprrrYnt. tubibMrArlur fvar and expenses. project-�peri is permits anVgr Iiwn5es pnc W-sxKirx supplam&ncal insurance trx,rel. subsistence project-spKirc parking ghmnps, ;hippinS7, rvprud[r;fi7r� errjgtYa F*nrb� wAparesrs Mff be irw6ced at cost plus 2M unless billed dlrrctky to and paid by Client.
• Inwicing: lm%oicsr err rendered monthly, payable upon receipt in Lmitsd States rkAws A sorvicr charger of 1IA-percent per ranth w+ll ba eharw for Im bsyrnrlu
• 13ifwrt Disclasuns_ C3iert agrees to prowi&% aH e l twm 6w in client's posvesalen aheL.e w1ush ar pass trig peasaece of hurled a WP&ae and huan7aus materiais on the project site prior to fleldw ork and ag roes to reimburse Leighton for alE CJM" related to unanticipi rted dlscowery of utilltles and/or ha3irdou€ material€. Chant Is allo responsible far pm idrng safe and legal access to the project see far all ILei&ton field parsonne:l.

EArth Malarial Samples QUOtyd tvstl ng U101 cleft Ara for soil WKII( r rock (eard•I) samples free of hazardou! mamrlals- Addltioryal casks will accrue beyond 11 del 4 standard tasting unit ram for handling_ tfse6ng arrd}er disposing of sod andfdr ro,-kcbrtaining hazardous mn rink. Hxmm-6ous re -arterials M11 be returned to the sits or the site owner'# desigr Otto mpr#wtaln4 at additional cost rot irxklQad in listed snit rates. Standard Tu rrr-arouM dme for geawhK rr'cal- laboruoryf no mute Is 14 worMing days. 5impias win be sxored tar 2 mpnths fallowing ogmplemn pf assigned tem after which they will he discarded- Priordocurnent&d natifkmlon is required if samples rxied to hw =red for a longer tine A ITIDrrthly sxaragr fro of S15 per big and 56 per sJe" or Habra will be ipphed. Qt o-ted tulle MOS are CAV Tpr earn rr']Srflali tarnpdrrl In Cal l`gf1Yl T71e1-0 may br additional rose for handling dmpWed samples.

Cerro :timer I41 AViat Sasng4n-. AAW all dq r �ritvr3 bssaks izr v given sample set meet specified mrrpressive at design age or other rliem- designated stnengzK all 'hoed" cyfindier5 or 5peomern vdiil be aut>an`ati tal fy disposed C7F urdfpis specified in writiing prior to tP* 28r day break. Unless s¢leeilfcall� niqursted ethorwise, all other coortrumon r irmnala wwll be dlstsotm of after carnplydon of t--sxing and reparti ng.
22 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND IMEG

ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and IMEG, a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http// www.dir.ca.aov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to htt :// www.dir.ca . ov/Public-Works/PublicWorks.htmi

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
A. indemnity for Cesiq,n_ Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024

volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8.

B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024

accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
05/16/2024

6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special_ Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: IMEG
Attn: John Mark Thompson
901 Via Piemonte, Suite 400
Ontario, CA 91764
05/16/2024

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By.

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

IMEG
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
n Makk Thompson, Client Executive
By: --� -
Ricl3ard Godina, Project Executive
Peter M. Thorson, City Attorney CONSULTANT
IMEG
Attn: John Mark Thompson
901 Via Piemonte, Suite 400
Ontario, CA 91764
909 477-6915
[email protected]
9 05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this services include:
■ Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks
• Locate Existing Monuments
• Perform Boundary and Control Surveys
■ Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition ■ Perform Aerial Mapping and Topographic Surveys
• Establish and Verify Horizontal and Vertical Control
• Locate Horizontally to 0.1+ feet all Existing Facilities • Perform Field Surveying for Project Planning and Design Purposes ■ Complete the Design of Minor to Moderate Engineering Projects ■ Perform landscaping and irrigation design
■ Perform lighting design for streets and parking lots
• Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc.
■ Provide Environmental Document Services, including performing the required Studies and Surveys
■ Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance
• Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 10 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
11 05/16/2024

1AAEG HOURLY RATES

IMEG STANDARD HOURLY RATES
Note:
1 These rates are for staff located in the
Discipline/Service: Civil, Land Survey, Landscape Architecture office providing the service. Staff based
in one of INIEG's other offices may have
•
different billing rates. These rates can be
Senior Client Exec/Senior Market Director/VP
$300
provided as requested
Client Executive/Market Director
$285

2. Rates are adjusted annually
Project Executive
$244
Senior Project Manager 2
$230
Reimbursabies:

Senior Project Manager 1
$210
Postage and delivery charges
Engineer of Distinction/Landscape Architect of Distinction/ Travel Expense: Automobile mileage will be
Planner of Distinction
$230
invoiced at the IRS rate in effect at the time
of travel, Travel expenses include mileage,
Senior(Engineer/Landscape Architect/Planner) 3
$220
tolls, parking fees, taxi, train, airfare, rental
Senior (Engineer/Landscape Architect/ Planner) 2
$205
car, fuel, and other out of pocket travel
Senior (Engineer/Landscape Arch itect/Pla n ner) 1
$185
related expenses
Meals and lodging when required to travel
Project (Engineer/Landscape Architect/Planner) 2
$175
overnight
Project (Engineer/Landscape Arch itect/Planner) 1
$165
Project -specific insurance coverage riders
Graduate (DesignerlSurvey) 2
$135
or amendments necessary to comply with
required insurance requirements above
Graduate (Designer/Survey)1
$115
current IMEG limits and conditions
Senior Land Surveyor 3
$180
Reproduction costs for existing facility doc-
Senior Land Surveyor 2
$170
uments, and for one record set of contract
document deliverables at each project
Senior Land Surveyor 1
$160
phase/milestone when not provided to
Project Surveyor 2
$150
IMEG by the Architect
Project Surveyor1
$145
Reproduction and distribution costs associ-
ated with issuing contract documents
Designer of Distinction
$190
Payment of plan review fees or other im-
Senior (Designer/Crew Chief) 3
$180
posed governmental agency fees
Senior (Designer/Coordinator/ Crew Chief) 2
$170
State filing and/or permit fees
Senior (Des lgner/Coordinator/ Crew Chief)1
$160
Necessary consultants as approved by
Project (Designer/Senior Technicial Crew Chief) 2
$145
Client
Project (Designer/Senior Technicial Crew Chief)1
$140
Designer 2/Technician 4
$130
Designer 1/Technician 3
$115
Design Technician 2fTechnician 2
$110
Design Techniclan 1/Technician lllntern
$100
Senior Construction Administrator
$165
Construction Administrator
$145
GIS System Architect
$130
GIS Analyst
$120
Senior Virtual Design Coordinator
$150
Virtual Design Coordinator
$140
Senior Virtual Design Technician
$130
Virtual Design Technician
$105
Administrative Assistant
$95
12 05/16/2024

COST FILE I SU6CONSULTANT RATES
David nEAULT
ASSOCIATES Inc.

Hourly rate schedule
David Neault $195.00 per hour
Principal $165.00 per hour
Sr. Associate/Director of Design $155.00 per hour
Associate/Project Manager $135.00 per hour
Draftsman $105.00 per hour
Administrative Assistant $ 85.00 per hour
13 05/16/2024

COST FILE I SUBCONSULTANT RATES
GEOCON

W H R T, T N C
GEOTECHN I C A l a ENVIRONMENTAL ■ MATERIALS CO),
2024 SCHEDULE OF FEES — RV24
Professional Services
Word Processor/Non-Technical Assistant/Draftsman/Dispatcher.................... _............. _..... ._....._....._:-........ ..._. ...... :...... 595/hr
Engineering Assistant/Lab Technician.... .......... :........... ,.................................................... ..._............_._:.,....::...........»._:_..�:.„..�.:...,..... $95/hr
Engineering Field Technician (Earthwork/Compaction Testing/Backfill)... ............... ,_..,,,___.._............._......._......, :....,... __.... :... '$85/hr
Special Inspector (Concrete, Rebar, Masonry, Welding, etc. )............................ ....................................................... ..... .............. . ._....- '590/hr
Engineering Inspector (Bottom Approval / Shoring / Foundations J Piles) .................. ... .-......... ... •$110/hr
LA City Deputy Grading Inspector (Bottom Approval / Shoring J Foundations / Piles) ........:» ........................... ............. ... . 'S325/hr
StaffEngineer/Geologist..-----•---------- -.-------------- .................................... .......-...----...----..._......----•-.•----•.----•................_......----................'$125/hr SeniorStaff Engineer/Geologist ............. .............-.._.._..•---.•-•----.....----------------------------- --------------- -..... ................ _•--- ................ »....„...... '$135/hr
ProjectEngineer/Geologist........ ........_...._... ..._._..........»..........__......... ............................. - ............ ....... .............. .........S145/hr
SeniorProject Engineer/Geologist..........,................... :......... ...... ..... ................. 4:..... ..................... ...................... _........ .... - ..................... 'S155/hr
SeniorEngineer/Geologist.......... ..................... .................. _.............. c:... :...:............. ............ .. ........... ....._.............. ............. ................ .S175Jhr
AssociateEngineer/Geologist....__......_...........................................:,..................---..........,.................................................,._............»...'5200/hr Principal Engineer/Geologist/Litigation Support.............._............................................._....................._....._...........---........................:..._-540O/hr Attorney Fees (General).. ..... ...... .......
.................... 55001hr
Deposition or Court Appearance .......... ................... :....... .......... ................... _.._................ ............. ........ ........... ... ................................. S550/hr
Overtime/Saturday Rate/Night Rate (7pm - 6am w/ 8-Hour minimum per call out) ......... „„......... ..............._ - - . 1 5 X Regular Hourly Rate
Sunday and Holiday Rate...............................................W.......»»..........._....._....._.....__................. 2 X Regular Hourly Rate
Minimum Field Services Fee per call --out, 4 Hours (if 4 hours or less), 8 Hours (if more than 4 hours and less than B Hours) Short -Notice Cancellation, 4 Hours (if afterAl pm of the day prior to the scheduled inspection time) Short -Notice Cancellation, 4 Hours (upon or after arrival atjobsite) 'Prevailing Wage (PW) California Labor Code §1720, et. Seq add $50Jhr _
- - -----------_.

Travel —.
__---�
_ _ ---- ---
Personnel.............. ............................. ................................................... -..._............. .............. ........ -.......... ..................... .. Regular Hourly Rate
Subsistence(Per Diem) ..................................... ........ ........... ................................................. .... .........---..._......... . . - Quote Based on Location
VehicleMileal p............. ..................-........_........._................... ............................... ............ _...... ..... _............ .0.75/mile
Equipment, Materials
�—------------- --
Nuclear Density Gauge/Sand Cone Testing Equipment ...- -. '510/hr Dynamic Cone Penetrometer ................ ..»..--....... .- ... $250/day Vehicle ....................... ..... ..... ...--------------------- ------'S10/hr Generator or Air Compressor ---.....-......-..........-------••--- . .- $100/day
Special Inspection Equipment ..... ... .... ... .... '$5/hr Hand -Auger ......................... ..... ......................................... 540/day
Pick-up Truck ............ ...._........... ....... -........ ......... .... $175/day Lath Bundle .. .... ............................................................ $1001ea
55-Gallon Drum .._ ......_...................... ...... ............ :,............ $75/ea Manometer .. $100/day
AC Cold Patch .... ......... ............... _................. .................. ... ...535/bag Mobile Laboratory with Lab Technician ........ :....... .......... $1,650/day
Gravel . .............. ..............._.-,.......•. - --. ..._............... ....... 535/bag Perforated 3" PVC Pipe ................ ................... _......... ...... . 545/10ft
Quick Set PCC Patch ................. :......................... _:.................. 535/bag Sand Cone Testing Equipment . . ..... ....... ... 510/hr
Sand................ .................... ._.... ....... ................................ ....535/bag Schmidt Hammer . ....... .................... ...................... -............. S100/day
GPSUnit .................. ..... .................... ..................... ...._._... $175/day Soil Sample Tube .................. _.......... .._ ......,....... ,.. ,. 515Jea
Battery -Powered Pump......._....-_.............-.._........-_..........5100/day Temp Marking Paint .... .......... ....... ----- - - ------ ............. . $20/can
Coring Machine (concrete, asphalt, masonry) .....................5285/day Water Buffalo ...... ................. ...... .-.. - _.----- �._-..,..... $75/ea
Double Ring Infiltrometer----- ................. ............................... $200/day Water Level Indicator ... .............. .................................. _.... $50/day
Drive -Tube Sampler ... ...................................... ............. ........... $60/day 41 671 Corning Place, Suite 101 ■ Murfieta, California 92962 ■ Telephone 951 304.2300 • w,Arw geoconinc corn 14 05/16/2024

COST FILE ; SUBC.ONSLILTANT RATES
Laboratory Tests"

COMPACTION CURVES

SOIL AND AGGREGATE PROPERTIES
(D698/D1557IT99IT108) 4-inch mold ...................... .............. $300/ea
(D422/T88) Particle Size, Hydrometer w/out Sieve-__....-_-.-.._5250/ea (D698/D1557/T99/T108) 6-inch mold .... ..... _.......................... 5300/ea
(C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ,....... $175/ea
(CT 216) California Impact ....................................................... $300/ea
(C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash ........ .S150/ea
Check Paint.. ..................... ........____..-..,..._...____-----..........._..._. $125/ea
(C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash ......... $125/ea
(D1632/CT312) Soil Cement Cyl- Fabrication (Set of 3) ,,.,,...._ 5200/set
(C117/D1140/Tll) Materials Finer than#200................... „ .... 5315/ea
(1)1632/CT312) Soil Cement Cyl, Fabrication (Addtl_ Spec-) ...... S75/ea
(D2216/T265/CT226) Moisture Content ........................... _...... 540/ea
(D1633/CT312) Soil Cement Comp. Strength (Set of 3) ,.:,.,... $350/set (D2487/D2488) Visual Soil Classification. ._..... ........................ 540/ea
(D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec_) --- $125/ea
(D2937) Density of In -Place Sail, Drive-Cyt. Method .................

S50/ea

SOIL AND AGGREGATE STABILITY
(D4943) Shrinkage Factors of Soils, Wax Method ..... ............... ....S75/ea
(D2844/CT301) Resistance Value ....... ....................... ............... $350/ea
(C131/C535/CT211) L.A. Abrasion Resistance --------------- .------------ 250/ea
(D2844/CT301) Resistance Value, Treated........--__..._...---....._$350/ea (C142/T112) Clay Lumps and Friable Particles...........................155/ea (D1883) California Bearing Ratio ................ .................. .......... 5600/ea
SOIL AND AGGREGATE PROPERTIES (CONTD.)
(C977) Stabilization Ability of Lime ----------- ____ .......................... 185/ea
(C123/T113) Light Weight Particles .......... .............. ..... ............ $250/ea
(D1883) Calif. Bearing Ratio (Army Corp of Engineers) ..:.......... 600/ea
(D3744/CT229/T210) Durability Index Fine __.......................... 5200/ea
CHEN11CALANALYSIS
(D3744/CT229/T210) Durability Index Coarse ... ....... ............. $200/ea
(G387/CT643/T288) pH and Resistivity .................
5175/ea
(CT227) Cleanness Value_ .......... F., .... ........................ ............ $200/ea
(D49721T289) pH Only ................................ ..._............. $75/ea
(D4791) Flat & Elongated Particles ------- .... _............................. $175/ea
(CT417) Sulfate Content. ........... ----- ............... ................... . . $125/ea
(D693/CT205) Percent Crushed Particles-... -------------- ;.,,........... 5200/ea
(CT422) Chloride Content ..... ...................._-- .... ........... ....., 5125/ea
(D5821) Percent_ of Fractured Particles, Coarse Aggregate...._5200/ea (D2974) Organic Content .............. ........ ............. ...... ......... I... $100/ea
(C40/CT213/T21) Organic Impurities ...... .------------------- ............. $100/ea

PERMEABILITY, CONSOLIDATION AND EXPANSION
(C235) Soft Hardness (Scratch Hardness)...............................$125/ea (D5084) Permeability, Flexible Wall .......................... ............... 5270/ea
(C88/CT214/T104) Sulfate Soundness ............... .._.................... $500/ea
(D5856) Permeability, Rigid Wall ......................... _............ ._... 5260/ea
(C1252/T304) Uncompact. Void Content, Fine Aggregate ... ...-5175/ea
(D2434) Permeability, Constant Head.. ---- .............. . ... . .........

S28DJea
(C127/CT206/T85) Coarse Specific Gravity ............................ ..5150/ea
(D2434) Permeability, FHA Slab -on -Grade ............................... $110/ea
(C128/C7r207/T84) Fine Specific Gravity ..................... _........... $175/ea
(D2434) Permeability, Hourly .... ...................... ...„..................

S55/ea
(D854/CT209/T100) Specific Gravity of Soil ............... _.._........ $200/ea (D24351T216) Consolidation (6 pts. w/ Unload) ...................... 5400/ea
(C29/CT212/T19) Unit Weight & Percent Voids ........... ,..-.--,..-$125/ea (D2435/T216) Consolidation Additional Point w/ Unload .......-_ $90/ea
(D2419/CT217/T176) Sand Equivalent. .... __ .......................... $150jLa
(134546) Swell/Compression Testing & Density,.__-..,.„
$125/ea
(D4318/CT204/T89/T90) Plastic Index (Plastic/Liq_ Limit) .......5250/ea (134546) Swell/Settlement Testing & Density (ea, addtl- pt-) -__- 585/ea
(D431R/CT204/T89) Liquid Limit ............... ........ .............. ......... 5125/ea
(D4546) Swell/Settlement Testing & Density (County)............ 5100/ea
(D4318/CT204/T90) Plastic Limit .......... ...............__..............$125/ea (154546) Swell/Settlement Testing & Density (FHA) ................. S90/ea (C330) Spec_ for Lightweight Aggregates, Struc. Concrete...... --..Quote
(134829) Expansion Index of Soils ....................... .. _.-.,-,---------- .5250/ea

SHEAR STRENGTH

STEEL TESTING
(D2166) Unconfined Compression ... ..................... ............. 510D/ea
Reinforcing Steel Test$:
(D3080/T236) Direct Shear (3 points) ..................... :............... 5350/set
(A370) Tensile Strength & Elongation
(D3080IT236) Direct ShearAddtl. Points/ea. residual pass ..... $125/ea
#11 Bar & Smaller....................................................$100/ea (D2850) Unconsolidated-Undrained Triaxial Shear .................. $115/ea
#14 Bar---..-__-_.._......................_..............._,--..----.,, $125/ea
(D2850) Unconsolidated-Undrained Triaxial Staged_. ............ $160/ea
#18 Bar (Proof Test) ................ ..................... ......,.. $150/ea
(D4767) Consolidated-Undrained Triaxial Shear ...................... $265/ea
(A370) Bend Test
(D4767) Consolidated-Undrained Triaxial Staged ...... .._--.-------- $340/ea
#11 Bar & Smaller,_,..,_....„. „...w......................

S50/ea
(EM1110) Consolidated -Drained Triaxial Shear_ .................. .-.5375/ea
#14&#18Bar .................................. ........ ............... ... $75/ea
(EM1110)Consolidated-DrainedTriaxial Staged ---------------------- $480/ea
(A370) Tensile - Mechanicalty Spliced Bar
MASONRY' °
#11 Bar & Smaller ..................................... .............5175/ea Concrete Black Test ISets of 3 Requiredt
#14 Bar & Larger .................................... ..:............... $225/ea (C140) Unit Weight Moisture Content & Absorption._........... 5350/ea
(A370) Tensile — Electric Resist- Butt Splice w/ Control ...- ..... [C140) Moisture Content/Absorption (ea. addtl. specimen) .. $125/ea
(A370) Straightening of bar ('if required) .. ...... ....... ................

S50/ea
(C140) Compression Test ---- ------- ,,,-------- ........................... ,-„-__ 5300/ea
Structural Steel Tests:
(C140) Compression Test (ea. addtl- specimen) ......................$125/ea (A370) Machining & Prep of Test Specimen .................... ....Cost + 20% (C426) Linear Drying Shrinkage ................................................ $350/ea
(A370) Tensile Strength & Elongation
(C109/UBC 21-16) Mortar Cylinder (2"x4")-__........................... $30/ea
Up to 200,0001bs..................................................... $125/ea
(C942) Grout Prism (3"x3"x6"), trimming included.._.... ........... .$35/ea
200,000 — 300,000 Ibs...............
5150/ea
Masonry Prism (ASS@
300,000 — 400,000 lbs ... .............................................. ........... 5175/ea
(C1314)8"x8"x16"—B"x12"x16"------ ....................................... $2D0/ea
Pre-srre5sing Wire & Tendon Tests:
(C1314) 8"x16"x16"—10"x12"x16",.„................................. 5225/ea
(A421) Tensile Strength, Single Wire ......................................$175/ea [C1314) 12"x12"x16"-12"x16"x16"....................... ............... $250/ea
(A416) Tensile Strength, 7-Wire Strand . ... ............................. $200/ea
(C1314) Larger than 12"x16"x16" „—-------- ..-_-__._-__ -- - - - ..--__-Quote 15 05/16/2024

COST FILE I SUBCONSULTANT RATES
Laboratory Tests* (continued
High Strn t h Bolt Nut & Washer R
(A325/A490) Tensile Test on Bolts ........................ (A563) Proof Load Test on Nuts ............................ (A325/A490) Hardness Test on Bolts ...................
(A536) Hardness Test on Nuts .............................. (F436) Hardness Test on Washers ........................

I Spec) men Tests:
(E164) Ultrasonic Examination ..............

Machining & Prep of Test Specimen ..................... (E381) Macrotech Test (3 Faces) ........................ _1560 Test [Set of 5 SI&ymeru).
....-----..$100/ea
(C67)24-Hour Absorption, Cold Water --------- ............. ............. $250/set
.............. $10D/ea
(C67) 5-Hour Absorption, Boiling Water ........................... ......$250/set
............. $50/ea
(C67) Compression Test or Modulus of Rupture-.-..-._-___..__.. --S300/set
................ S50/ea
(C67) Each Additional Specimen. ................ _..... ................ ...... $100/ea
................$50/ea
CONCRETE ••
Mix Deli ns
................. Quote
(ACI211/AC1214) Concrete Mix Design .....................................

S450/ea
.......... Cost +20V
(ACI211/ACI214) Review ofConcrete Mix Design ............ ........S450/ea
$355 (C192) Concrete Trial Mix (includes equipment & labor) ......... S650/ea

ASPHALT TESTING
Concrete Prooerlles
Asohatt Praaerdes:
(C39/CT521/T22) Comp. Strength, Concrete Cyl.------------ ...........

S30/ea
(D2726/CT308jT166) Bulk Spec- Gray. Compacted HMA ........

S100/ea
(C42/CT521/T22) Comp. Strength, Concrete/Gunite Core ......... 560/ea
(D1560/CT366) Stabilometer Value (HVEEM) ........... -------------- 5225/ea
(C78/CT523) Flex- Strength of 6"x6"x21" Concrete Beam .......$125/ea (D2041) Theoretical Max Specific Gravity ............................... $200/ea
(C174) Length Measuring of Drilled Cores ........... .......... ........... $100/ea
ID5444) Sieve Analysis of Extracted Asphalt --------------- __......... $250/ea
(C1140) Shotcrete Panel -Coring & Testing (Set of 3)............... $350/set
(D6307/CT382) Percent Asphalt, Ignition Method .................. $175/ea
(C1140) Shotcrete Panel (each addtl. specimen) .....................S125/ea (D1188) Unit Weight of Asphalt Core .............. .------ .................. 595/ea
(C496) Static Modulus of Elasticity _--. .............................. ........ $250/ea

MISCELLANEOUS TESTING SERVICES
(C496) Drying Shrinkage (Set of 3, up to 28 days)...................S650/set !�WL*rratlon of Hydraulic Ram 7
(C642) Spec_ Gravity, Absorp., Voids in Hardened Concrete ------S95/ea 100 Ton & Under ............... ...................................................... S250/ea 101Tons —200 Tons ......................... .------------------------ ..............5350/ea (F1869) Vapor Emission Rate, Concrete Subfloor....................... S50/ea Use of tlruvessaI Testing Machine:

UTM with One Operator ------- .----------------- ............................ ._ $400/ea Additional Technician ............ ___ ..................... .._... Regular Tech Rate Spray Applied Fireproofing: •2x Surcharge on rush turn -around for laboratory testing. (E605/E736) Fireproofing Oven Dry Density/Thickness ...._TS125/ea •Fee applies for sample storage, testing, or disposal, 1_ Listed are typical charges far the serviteS MOST frequently performed by Georon. Prices for unlisted services as well as special quatotions for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include repartiAg of routine results not palling for comments, recommendations or conclusions. 2- Somplin and resting is conducted In substantial conformance with the latest applicable or designated specifications of the American Sodety�or Testing and Materials, Caltrans, American Association of Store Highway and Tfransporratlon Officials, or other pertinent agencies

3. Saturday, night work, and overtime hours are charged at time and one -hall,- Sundays and holidays at double time- Per diem is $155,00 per day when location of work dktates-

4. Fquipprttenr and materials will be billed of cost plus 15% Outside services including subcontractors and rental of special equipment are fJilled or cost plus i59e. Hourly services are billed portal to partai from closest office in accordance with the stated hourly rotes herefia, with a minimum two-hour charge.

5. Invoices will be submitted or four -week intervals. Terms of payment are met upon presentation of invoice. Invoices becarne delinquent thirty {30j days from invoice dare and subject to one and orfe-hay percent fl-112Yoj service charge per month, or the maximum rate allowed by law, whichever is tower. If Olen objects to all or any portion of any invoice, Client will so ratify Geocon In writing within fourreen (14) calendar days of the invoice dare, identify the cause of6sagreemenr, and pay that portion of the invoke not In dispute. The parties will immediately make every effort to serrk the disputed portion of the invoice- Payment on delinquent invoices wlli first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred /1ncludinp any attorneys fees and Costs) in connection with collection of any delinquent amount wHI be paid by Oienr to Geacon per Geocon s current fee schedule.
b. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by low, Geocon's (the term Geocon' includes Geocan's partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultontsj tarol aggregate liability ra Clienr is limited to the greater of $50,000 or the total compensation received ed from Clienr by Geocon for services rendered on this project, for any and alf of Oenr s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and CHenr agrees to indemnify and hold harmless Georon from and against all liabilities in excess of the monetary limit established above. 7- Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon's total aggregare liability to all third parties, Including Contractors, subcontractors of all tiers, materiolmen, and others lnvalved in Client's project; as well as persons and other entities not involved in the "ecr, to the greater of $100 000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, muse or causes, including attorneys' fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omrssions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain atxess or entry onto property rat awned by Client. Client agrees to notify all contractors and subcoraroctots of any Ilmfrolfon of Geocan's liability to them, and require them ro abide by such ilmiratran for damages suffered by any contractor or subcontractor arising from Geocon's actions ar inactions. Neither the contractor nor any subcontractor assumes any liabi6ry for damages to others uehirh mnv nricP nn nr umf nrr pP n'e artinne nr innrtinnc 16 05/16/2024

COST FILE I SUBCONSULTANT RATES
HELIXning

FEE SCHEDULE

PROFESSIONAL RATES
Current hourly billing rates for consulting services:

Principal Planner/Principal Biologist
$355
Sr. Project Manager/Sr. Specialist III
$320
Sr. Project Manager/Sr. Specialist II
$280
Sr. Project Manager/Sr. Specialist 1
$235
Env. Project Manager III/Specialist V
$210
Env. Project Manager II/Specialist IV
$195
Env. Project Manager I/Specialist 111
$180
Env. Planner II/Specialist II/Operations Manager
$160
Env. Planner I/Specialist 1
$145
Office Assistant/Word Processor/Archaeology Monitor
$115
`Specialists = archaeologists, biologists, noise, air quality/greenhouse gas (GHG), Geographic Information Systems (GIS), graphics, and permitting

CONSULTING SERVICES
Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates. Overtime also may be charged at one and one-half times our standard rates.

REIMBURSABLES
Reimbursable expenses will be billed to the project at cost plus ten percent. 17 05/16/2024

COST FILE I SUBCONSULTANT RATES

MONUMENT

HOURLY RATE SCHEDULE
Right of Way Management & Implementatlon
Program Manager / Principal
$290.00 per hour
Senior Project Manager / Sr. Utility Project Manager
$210.00 per hour
ROW Project Manager 2 / Utility Project Manager 2
$190.00 per hour
ROW Project Manager 1 / Utility Project Manager 1
$160.00 per hour
Utility Coordinator
$130.00 per hour
Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $145.00 per hour
Acquisition Agent 2 / Relocation Agent 2 / Property Manager $120.00 per hour
Acquisition Agent 1/ Relocation Agent 1
$110.00 per hour
Senior Project Coordinator
$120.00 per hour
Project Coordinator 2
$110.00 per hour
Project Coordinator 1
$100.00 per hour
Senior Project Analyst
$135.00 per hour
Project Analyst
$110.00 per hour
Researcher
$90.00 per hour
Projeot Support / Administrative
Professional Staff
$85.00 per hour
Project Controller 2
$100.00 per hour
Project Controller 1
$75.00 per hour
Project Support Specialist
$75.00 per hour
The above hart' rates are exclusive of local traveUm19ege, photocopying. Fffm clam postage and overni int Gorier st rwm Theca expenses including out-0-pocket e,Penses awn as pro-approvea travel and lodging, adalb9 exnitM preparatgR r9quGGW overnight courier or registered and/or certirlea mail (return rewipt requested) charges, and speaafty reproaudicn (arias otherwise spa w&q are in addition to the oontract amount and vnll be charged at ooet plus ten plroent (+1046) for adrrinistration, 000rana hw. and nandfng_ Subcontrad9d cervices, other than those listed above, will be invoiced at cost plus ten percent (a10%) In the event Monument is required to perform arty act in rGIMion to t tie bon arPing out of any protect with the Client to example, 999rt oarmAng, rgsponding to a complaint. or proceeding with discovery and tral), Gucn servioas are not part of trhis contract, nor are they part of our normal tees If m0red, these types of services win be Ovnioed at two time9 the regular hourly rates In the event trio" contract extervx bey" the t%tial term of the PGA, the notsy ratec and any remaining amount in the Contract shall 0e ad)usted upwerdy by %Q percent (6%) per annrm, oompanded aW- y, on the ahnnersarj date of Ins contract Written commutication serviom in other languages would be an additional cost and wova be bled 99p3atey based on quoted nary rates by inoepa nowd translation services Verbal oormhunication in Spanicn, i necessary, will be ncluaw at no awrhonai charge Monument vdl GL&W monthly nvoiw9 for the profesalonal and trade sgrvioes rendered based on the ndury rate schedule provided above. The client sthal promptly pay She u nconWAed amount dug within no more than thirty 00) days after recapt of invoiw. upon completion of zerviw9, the rarrnirfM w"limM nrr r of rV 4ho r hnr4 halanra shall rorry MT W iDfahi ri ro and nararva 18 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND DOKKEN ENGINEERING

ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), Dokken Engineering, a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services, performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.htmi

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
A. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024

volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8.

B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024

accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Dokken Engineering
Attn: John A. Klemunes Jr., PE - President
1450 Frazee Road, Suite 100
San Diego, CA 92108
05/16/2024

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA DOKKEN ENGINEERING
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

James Stewart, Mayor
ATTEST:

By: - -
Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

B
By:

Peter M. Thorson, City Attorney CONSULTANT
Dokken Engineering
Attn: John A. Klemunes
1450 Frazee Road, Suite 100
San Diego, CA 92108
J858y 514-8377
[email protected]
lent
05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this services include:

Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks
• Locate Existing Monuments
• Perform Boundary and Control Surveys
• Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition • Perform Aerial Mapping and Topographic Surveys
• Establish and Verify Horizontal and Vertical Control
• Locate Horizontally to 0.1+ feet all Existing Facilities • Perform Field Surveying for Project Planning and Design Purposes • Complete the Design of Minor to Moderate Engineering Projects • Perform landscaping and irrigation design
• Perform lighting design for streets and parking lots
• Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc.
• Provide Environmental Document Services, including performing the required Studies and Surveys
• Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance
■ Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 10 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
11 05/16/2024

BILLING RATE SCHEDULE
i,Tectivejonuwy T, 2024
Professional and supporting scarf services will be billed at the following hourly bi ling rates:

CLASSIFICATION
BILLING RATE*

PROJECT
Principal
$295.00
to
$"5.00

MANAGEMENT
QA/QC Manager
$295.00
to
$445.00
Project Manager
$225.00
to
$355.00
DESIGN
Senior Engineer2
$210.00
to
$325.00
Senior Engineer 1
$180.00
to
$265.00
Associate Engineer 2
$150.00
to
$235.00
Associate Engineer 1
$140.00
to
$210.00
Assistant Engineer
$120.00
to
$180.00
Assistant Engineer 1
$105.00
to
$150.00
Senior CAD
$180.00
to
$250.00
CADIDerailer
$135.00
to
$195.00
Engineering Technician
$90.00
to
$150.00

ENVIRONMENTAL
Environmental Manager
$235.00
to
$325.00

PLANNING
Principal Planner
$195.00
to
$295.00
Senior Envlronrrw-ntat Planner
$120.00
to
$235.00
associate Ermronmen :aI Planner
$105.00
to
$165.00
Environmental Planner
$95,00
to
$115.00
Environmental TechnKian
$75.00
to
$105.00

RIGHT OF WAY
Right of Way Manager
$180.00
to
$250.00
Senior Righ; of WayAgen:? Spec:allst
$120.00
to
$210.00
Right of Way Appraiser
$95.00
to
$135.00
Right of Way Agent 1 Specralist
$90.00
to
$135.00
Right of Way Ass+stant I GiS Tethmci an
$70.00
to
$105.00

PUBLIC OUTREACH
Community Engagement Director
$150.00
to
$225.00
Technical Editor
$120.00
to
$195.00
Graphic Designer
$75.00
to
$150.00
'B;Iling Razes will be escalated by 596 in January of each year, rounded to the nearest multiple of $5.

Ordinary supplies and equipment are included in the above hourly rates. The folIowlrgare considered project- specifir items and their cast will be added at the following rates:

Signature
Outside Reproduction
Permit Fees / Public Notice.Advertisements
Postage for Public Notice Advertisements
Record Search Fees / Mapping Fees
Room and Equipment Rentals
Traffic Control
Utility Potholing
Title Reports / Appraisal Reviews
President
Title
Actual Cost
Actual Cost
Actual Cost
Actual Cost
Actual Cost
Actual Cost
Actual Cost
Actual Cost
4/30/2024
Date
I10 Imuk, Ravi no Rtkid' Sumo 200, Folsom, CA 166A1 471", - It, Iv: 916.858.OUA2 • FaN:916.83S.064 12 05/16/2024

ICI_ NITRUCTION MANAIEMENA
y LANR80APE ARCMITECTURE

RATE SCHEDULE
Hourly
_ Job .0wiificcation Rate
Principal Landscape Architect $220
Senior Landscape Architect $180
Landscape architect III / Irrigation Designer $160
Landscape Architect 11 /' Project Manager $140
Landscape Architect I / Senior Landscape Designer $120
CARD $100
Office Adrnin $50
13 05/16/2024

I SURVEY FEE SCHEDULE (20240101): 1
Licensed Land Surveyor
..... ..................................

Survey Field Crew
............... ­­ ......

Drafting/ Calculations/ Technician
... .......... ....... ­ .............. ....... ........

Printing and other expenses
Hourly at a rate of: $225
............... ...................................................

Hourly at a rate of $250
............. .........

Hourly ata rate of.7S200
............. .. ............ ...... ......

COSt PILIS . I Y-b
Terrascribe
14 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND MNS ENGINEERING, INC.

ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and MNS Engineering, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner 05/16/2024

as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services-
C
. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http_:// www.dir.ca.gov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http-//­ www.dir,ca.,ciov/Public-Works/PublicWorks.html

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
05/16/2024

b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. Any use, reuse or modification by the City shall be at the City's sole risk, unless agreed to in writing by the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
05/16/2024

10. INDEMNIFICATION
A. Indemnity for Desiiqn Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8.

B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to 05/16/2024

it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 05/16/2024

5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: MNS Engineering, Inc.

Attn: Brandon Reyes
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
05/16/2024

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following 05/16/2024

non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/ 16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
MNS Engineering, Inc.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: �!
Darren K. Riegle�T., President and
CEO
By:

Br 0 n Re fes, .E. V W resident

CONSULTANT
MNS Engineering, Inc.

Attn: Brandon Reyes
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93013
951 532-4510
[email protected]
10 05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this services include:
• Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks
Locate Existing Monuments
ID Perform Boundary and Control Surveys
• Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition Perform Aerial Mapping and Topographic Surveys
Establish and Verify Horizontal and Vertical Control
Locate Horizontally to 0.1+ feet all Existing Facilities Perform Field Surveying for Project Planning and Design Purposes • Complete the Design of Minor to Moderate Engineering Projects Perform landscaping and irrigation design
• Perform lighting design for streets and parking lots
Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc.
• Provide Environmental Document Services, including performing the required Studies and Surveys
• Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance
• Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 11 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
12 05/16/2024

OMNS
2024 STANDARD SCHEDULE OF FEES

ENGINEERING
Principal Engineer ..........

LeadEngineer...........................................270 SupervisingEngineer..,..........................255
Senior Project Engineer ........ ............... 235
ProjectEngineer ...... ....... ............. .... ..... 210 Associate Engineer ................... ........ .... 190 Assistant Engineer.____.,
. ...............175

SURVEYING
Principal Surveyor ...................... ....... ..,$280 LeadSurveyor .................... ____ ......,..270
Supervising Surveyor ..... ............ ..,..,..,..230
Senior Project Surveyor..,..,......,..,......„ 210
ProjectSurveyor ........... ......... ............ .,_ 185 Associate Project Surveyor...................175
Assistant Project Surveyor ................ „.,160
Party Chief(PW)......................................190 Chainperson(PWj..................................160
One -Person Survey Crew (PW) ........... 225

TECHNICAL SUPPORT
CADD Manager .............. ....... ._.„,......... $210 Supervising Technician.,.„....,......,,.„„ 180
Senior Technician...................................170 Engineering Technician ......... ..... ......... 130

PROJECT/PROGRAM MANAGEMENT
Principal -In- Charge ............ ......... S340
Senior Project/Program Manager..,..,325
Project/Program Manager....................275
Assistant Project/Program Manager 255
Senior Project Coordinator.......,._........195
Project Coordinator................................165

CONSTRUCTION MANAGEMENT
Principal Construction Manager.....$330
Senior Construction Manager...,......
290
Senior Resident Engineer .....................265
ResidentEngineer„........ ............ ............250
Structure Representative....._................245
Construction Manager„........................230
Assistant Resident Engineer ....... ..._.....
210
Sr. Construction Inspector (PW) .......185
Construction Inspector (PW) .............177
Office Administrator .............. ........... .....
135

PLANNING
Planning Director. .......___ .......... .„..t235
City Planner/Planning Manager.......220
Principal Planner ........ ........... ................. 205 Senior Planner... ............ ..........._............190 AssociatePlanner..„.,..............................160
Assistant Planner.....................................135 Planning Technician............ . . ...............115

ADMINISTRATIVE SUPPORT
Senior Management Analyst.............$195
Management Analyst......,..... ....... „........
165
IT Technician .... ............ ..... ................... 150
Graph ics/Visua I ization Specialist,..,...160
Administrative Assistant....,.„..........„.„
105

GOVERNMENT SERVICES
City Engineer ....................„
$265
Deputy City Engineer ......... ........ _.......„.235
Assistant City Engineer.-_., .. . ..............225
Plan Check Engineer ........... ..... ..... ........ 185 Permit Engineer........................................175 CityInspector ........... ............ _.............. ...168 Senior City Inspector (PW) .................185
City Inspector(PW) ....... . .... . ...................177 Principal StonnwaterSpecialist .......... 190
Senior StormwaterSpecialist ............ .180
Stormwater Specialist ................ „......... 170
Stonnwater Technician ..... .... ..... _...... 150
Building Official.....................................250 Senior Building Inspector ............ ......... 200
Building Inspector ............. _.......... ......... 175 Senior Grant Writer ._................. ........... 190 GrantWriter..............................................18U Associate Grant Writer ............ ........ „160
Assistant Grant Writer .......................... 145

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plats, telephone, travel (out of area) and all simaw charges directly connected with the work will be charged at cost plus fifteen percent {15%)_ Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage '(PW)' armotation are used for field work on projects subject to federal or state prevailing wage law and l Tammy Petricka increases per DIR_

ANNUAL ESCALATION
Standatd fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of labor Statistics Consumer Price Index, whichever is higher:

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate.

Rev 1r9012024
Brandon Reyes, Vice President
13 05/ 16/2024

Rincon Consultants, Inc.

Em marnnnU Sib Asreumeo
Soil Vapor Extraction Monitoring Equipment
$160
Four Gas Monitor
$137
Flame lonlzatlon Detector
$110
Photo Ionization Detector
$82
Hand Auger Sampler
$,62
Water Level Indicator, DC Purge Pump
$46
CAPDash
Nebnral Resources Fit Egtdpnw t
UAS Drone
$7.50O
$300
Spotting or Fiberoptic Scope
$170
Pettersson Bat Ultrasound Detector/Recording Equipment
$170
Sound Level Metering Field Package (Anemometer. Tripod and Digital Camera) $113
GPS (Submeter Accuracy)
$67
Infrared Sensor Digital Camera or Computer Field Equipment S57
Scent Station
$23
Laser Rangefinder/Altitude
$11
Pitfall Traps, Spotlights. Anemometer, GPS Units. Sterilized Sample Jar $9
Mammal Trap, Large/Smali
WaW ern! Mairlae Resources Equipment
Boat (2O•foot Boston Whaler of Similar)
$155/$0.55
$800
Multiparameter Sande (Temperature. Conductivity. Turbidity, D0, pH) with GPS $17O
Water Quallty Equipment (D0, pH. Turbidity. Refractometer, Temperature) $62
Refractometer (Salinity) or Turbidity Meter
$38
Large Block Nets
$114
Minnow Trap
$98
Net, Hand/Large Seine
Field Ewbnent Packages
Standard Field Package (Digital Camera, GPS. Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$57
$114
Remote Field Packkage (Digital Camera. GPS, Thermometer, Binoculars, Tablet and Niffi, Delorme Satellite Beacon. 24-Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hard Net, Field Microscope)
$170
F15herles Equipment Package tWaders, Wetsults, Dip Nets. Seine Nets, Bubblers, Buckets) $57
Underwater and Marine Sampling Gear (Photo/Video Camera. Scuba Equipment [Tanks, BCD.

Regulators, Wetsults, etc.jl
$57/diver
Marine Feld Package (Personal Flotation Devices.10O•foot Reel Tapes with Stainless Carabinem, Pelican Floats. Underwater Slates, Thermometer. Refmctometef, Anemometer, Various Field Guides)
lwnrame, Natctlfd, and Feas
Historic Research Fees
$10O
$55
L&H Dive Insurance
$57/diver
Level C Health and Safety
$70/pef5on
14 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND NV5, INC.

ON -CALL ENGINEERING AND ENVIRONMENTAL SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and NV5, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.g,ov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.-gov/Public-Works/PublieWorks.html

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
A. Indemnity for -Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated 05/16/2024

volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8.

B. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in 05/16/2024

accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
05/16/2024

6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 05/16/2024

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: NV5, Inc.

Attn: Jeffrey M. Cooper
15092 Avenue of Science, Suite 200
San Diego, CA 92128
05/16/2024

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Rand! Johl, City Clerk
APPROVED AS TO FORM:

By:

NV5, Inc.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
011
Jeffrey . Cooper EVP, Chief Operating
Officer
By:

Ma Jo O'Brien! Cor orate Secretary
Peter M. Thorson, City Attorney CONSULTANT
NV5, Inc.

Attn: Jeffrey M. Cooper
15092 Avenue of Science, Suite 200
San Diego, CA 92128
(949) 585-0477
[email protected]
05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this services include:
• Research Existing Survey Data, such as Maps, Records of Survey, Monument Ties, and Benchmarks
• Locate Existing Monuments
• Perform Boundary and Control Surveys
• Prepare Legal Descriptions and Plat Maps for Right -of -Way Acquisition • Perform Aerial Mapping and Topographic Surveys
• Establish and Verify Horizontal and Vertical Control
• Locate Horizontally to 0.1+ feet all Existing Facilities • Perform Field Surveying for Project Planning and Design Purposes • Complete the Design of Minor to Moderate Engineering Projects • Perform landscaping and irrigation design
• Perform lighting design for streets and parking lots
• Perform Construction Staking, including Center Lines, Limits of Clearing, and Grubbing and Construction, Slopes, Saw Cuts, Edge of Pavement, Layout Lines, Drainage Structures, Curb & Gutter, etc.
• Provide Environmental Document Services, including performing the required Studies and Surveys
• Provide Environmental Engineering Services, including but not limited to CEQA Project Impact Analysis; Phase I and II Environmental Assessments; Wetland Delineation and Mitigation; Streambed Impact Analysis; Regulatory Agency Permitting, Air Quality Analysis; and Cultural Impact Analysis, Water Quality Management Plan (WQMP) Preparation and Third -Party Review, Approval, Implementation, and Field National Pollutant Discharge Elimination System (NPDES) Compliance
• Assist with the preparation and processing of permits with Resource Agencies such as the U.S. Army Corps of Engineers (USACE) 404, State Fish and Wild Life 1600, and Regional Water Quality Control Board (RWQCB) 401 Certification 10 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
11 05/16/2024

NV5 RATE SCHEDULE
Rates are effective through June 30, 2025_ Rates will automatically increase by 3% July 1 each year thereafter Junior Engineer / Planner / Scientist / Surveyor
$142.00/hour
Assistant Engineer / Planner/ Scientist/ Surveyor
$162.00/hour
ASSOCiate Engineer / Planner/ Scientist / Surveyor
$173.00/hour
Senior Engineer/ Planner,, Scientist, Surveyor
$200.00/hour
Senior Bridge Engineer
$205.OQ/hour
Project Manager
$246.00/hour
Senior Project Manager
$273.00/hour
Principal Engineer
$300.00/hour
Principal
$315.OQ!hour
1::.1t..'. l4 '.r.

Engineering Aide, `Planning Aide
$95.00/hour
Project Assistant
$105.00/hour
Project Administrator
$116.OQ/hour
CADD Technician I
$116.00/hour
CADD Technician 11
$150.00/hour
CADD Technician III
$160.00,/hour
Sr. CADD Technician; Designer
$176.00/hour
Design Supervisor
$186.00/hour
GIS Technician i
$114.00/hour
GIS Technician 11
$146.00/hour
GIS Analyst
$163.00/hour
Senior GIS Analyst
$193.00,/hour
Senior Principal
$265.00/hour
Principal
$245.00/hour
Senior III
$235.00/hour
Senior 11
$220.00/hour
Senior I
$210.00/hour
Staff III
$180.OQ/hour
Staff It
$160.00,Ihour
Staff I
$150.00,/hour
Associate 111I
$140.00/hour
Associate 11
$130.00/hour
Associate I
$120.00/hour
Specialist III
$115_a0/hour
Specialist 11
$110.00/hour
Specialist I
$105.00/hour
Project Analyst III
$125.00/hour
Project Analyst I
$115.00/hour
1-Pe son Surrey Crew tGPS? (Roboticl+
1-Person Survey Crew-
2-Pe rson Surrey Crewa
3-Person Surrey Crew"

EXPENSES
Reproduction
Consultant Services
Automobile Transportation
Delivery, Freight, Courier_
Agency Fees
Commercial Travel
$198.00/hour
$155.00/ hou r
$330.00/hour
$445.00/hour
Cost
_ Cost + 15%
per IRS standard
Cost
Cost
Cost
* Assumes prevailing wages are applicable for field work. �* Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 15 times the regular rate_ Work in excess of 12 hours and work on Sundays and Holidays will be billed at 2 times the regular rate 12 05/16/2024

rlTORY R. WALKER

ENGINEERING

HOURLY FEE SCHEDULE
Effective 07/01 /2023
PRINCIPAL $280
SENIOR PROJECT MANAGER $250
PROJECT MANAGER $240
SENIOR ENGINEER $220
ASSOCIATE ENGINEER $190
ENGINEER II $160
ENGINEER 1 $150
CADD/GIS* $150
ENGINEERING TECHNICIAN $130
ADMINISTRATIVE $1 10
'COMPOTER-AIDED DESIGN 8 DRAFTING/GEOGRAPHIC INFORMATION SYSTEMS WATERSHED, FLOODPLAIN & STORAIWATER MANAGEMENT I RfVER RESTORATION I FLOOD FACILITIES DESIGN I SEDIMENT & EROSION 122 CIVIC CENTER DRIVE, SUITE 206, VISTA, CA 92084 1 (760J 414-9212 J TRWENGINEERING.COM 13 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

CITY OF TEMECULA AND CL SURVEYING AND MAPPING

ON -CALL MAPPING AND SURVEY SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and CL Surveying and Mapping, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value
pursuant to this Section, the Consultant will
entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
to the City. Upon termination of the Agreement
submit an invoice to the City, pursuant to Section
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings,,maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024

and all claims, demands, losses,.defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no Less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024

b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in Limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024

better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder..

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024

or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or .be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: CL Surveying and Mapping
Attn: Daniel Calvillo
43460 Ridge Park Drive, Suite 140
Temecula, CA 92590

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 05/16/2024

the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

CL SURVEYING AND MAPPING
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: C--
Lam Le, President
By:
7-
Daniel Calvillo, Chief Financial Officer
Peter M. Thorson, City Attorney CONSULTANT
CL Surveying and Mapping
Attn: Daniel Calvillo
43460 Ridge Park Drive, Suite 140
Temecula, CA 92590
(909) 544-9546
[email protected]
05/16/2024

IMIMMI
Tasks to be Performed
The specific elements (scope of work) of this services include:
• Research existing survey data such as maps, records of survey, monument ties, and benchmarks
• Locate existing monuments
• Perform boundary and control surveys
• Prepare legal descriptions and plat maps for right-of-way acquisition • Prepare Records of Survey as needed
• Perform aerial mapping and topographic surveys
• Establish and verify horizontal and vertical control
• Locate horizontally to 0.1+ feet all existing facilities • Perform field surveying for project design purposes
• Perform map checking services for the Land Development division of the Public Works Department for various development plans throughout the City • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc.
10 05/16/2024

Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $300,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
11 05/16/2024

ON -CALL MAPPING AND SURVEY SERVICES No. 292

FEE SCHEDULE
(This rate schedule covers the period between July 1, 2024, and June 30, 2029) Office
7/24
7/25
7/26
7/27
7/28
7/29
Contract/ Survey Manager
$240
$250
$265
$280
$295
$300
Project Surveyor
$200
$210
$220
$230
$245
$255
Survey Analyst/Technician
$165
$17S
$185
$190
$200
$210
Admin / Clerical
$100
$105
$110
$120
$120
$130
Note. Authorized overtime will be charged at 1.5 tunes the above rate. 1 Person Field Crew * $250 $265 $275 $290 $305 $320
2 Person Field Crew * $350 $370 $390 $405 $425 $450
3 Person Field Crew * $450 $475 $500 $520 $550 $575
CL Surveying and Mapping, Inc. is signatory to the International Union of Operating Engineers Local 12. Field surveyors are therefore paid prevailing wage rates for all work performed.

ReirnburSLable

1. 3D Laser Scanner equipment is not .included in our overhead rate and will be invoiced at an additional separate daily rate.

2. All field staff aresubject to prevailing wages.

3. Aerial Mapping Costs by subconsultant Digital. Mapping Inc. (DMI) will be invoiced as an ODC A copy of invoices from DMl will be submitted far reimbursement., 43460 Ridge Park Drive, Ste 140
Temecula, C,A'92590

90.9.$484.4200
w w%n,r.CL-SLm vey.carn
12 05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND MICHAEL BAKER INTERNATIONAL, INC.

ON -CALL MAPPING AND SURVEY SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Michael Baker International, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http,// www.dir.ca.gov/Pubiic-Works/PublieWorks.html

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024

and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 4 05/16/2024

b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024

better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances_ The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024

or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Michael Baker International, Inc.

Attn: Christopher Alberts
40810 County Center Drive
Temecula, CA 92591

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in 05/16/2024

the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Rand! Johl, City Clerk
APPROVED AS TO FORM:

By:

MICHAEL BAKER INTERNATIONAL, INC.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
r
By:

C r stopper Alberts, Vice President
By:

Peter M. Thorson, City Attorney CONSULTANT
Michael Baker International, Inc.

Attn: Christopher Alberts _
40810 Coun Center Drive
Temecula, CA 92591
208 535-8278
[email protected]
05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this services include:
• Research existing survey data such as maps, records of survey, monument ties, and benchmarks
• Locate existing monuments
Perform boundary and control surveys
Prepare legal descriptions and plat maps for right-of-way acquisition • Prepare Records of Survey as needed
• Perform aerial mapping and topographic surveys
• Establish and verify horizontal and vertical control
Locate horizontally to 0.1+ feet all existing facilities Perform field surveying for project design purposes
• Perform map checking services for the Land Development division of the Public Works Department for various development plans throughout the City • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc.
10 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $300,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.

HOURLY RATE SCHEDULE
On -Call Services
January 1, 2024-December 31, 2024
Two -Man Survey Crew.......................................................................................................................................................................5340 One -Man Survey Crew.......................................................................................................................................................................$210 ProjectManager(PLS)................................... ................................................................... ................................................................. $275 OfficeSupport (PLS)..........................................................................................................................................................................$200-250 OfficeSupport (LSIT).........................................................................................................................................................................5175-200 OfficeSupport (Survey Tech) ................................ .............................. .................................. ........ .................................................... 5150-175 11 05/16/2024

Written Consent in Lieu of a Meeting of the Board of Directors of Michael Baker International, Inc. (F/K/A Michael Baker Jr., Inc.) March 31, 2024
The undersigned, being the Board of Directors (the Board) of Michael Baker International, Inc., a Pennsylvania corporation (the Corporation), pursuant to Section 1727(b) of the Pennsylvania Business Corporation Law and the Corporation's governance documents, hereby consent to and adopt the following resolutions in lieu of a meeting:

Appointment of Officer(s)
WHEREAS, there is currently a vacancy on the Board of the Corporation until such time as the shareholder or a majority of the board of directors of the Corporation shall appoint a replacement for the board vacancy, which shall be done upon the determination of an individual that should fill the vacancy; WHEREAS, the directors have determined that it is in the best interest of the Corporation to ratify, confirm and approve the appointment of the person(s) to the position(s) set forth opposite their respective names on Exhibit A attached hereto and made a part hereof, and to remove any person(s) not named on Exhibit A attached hereto.

NOW THEREFORE, BE IT RESOLVED, that such person(s) be and hereby are elected to the position(s) set forth opposite their respective names on Exhibit A attached hereto and made a part hereof, to hold such position(s) until the earlier election and qualification of their respective successors or until their earlier resignation or removal (collectively the Appointed Officer(s)), and any person(s) not named on Exhibit A attached hereto, be and hereby is, removed as an Officer of the Corporation;
FURTHER RESOLVED, that all acts previously, concurrently and subsequently taken by the Appointed Officers from the date of his or her assumption to the position to the date hereof in the capacity of the position set forth opposite their respective names are hereby expressly confirmed, ratified, approved and authorized in all respects as actions of the Corporation;
General Authorization
FURTHER RESOLVED, that the Appointed Officer(s) of the Corporation, or any later designated Appointed Officer(s), be, and each of them hereby is, authorized, in the name and on behalf of the Corporation, to take such further actions and to execute and deliver such further instruments, certificates or documents in the name of the Corporation, and to retain such counsel, agents and advisors and to incur and pay such expenses, fees and taxes as shall, in the opinion of such Appointed Officer executing the same, be determined necessary or advisable in order to effectuate or carry out fully the purpose and interest of all of the foregoing resolutions (such determination to be conclusively, but not exclusively, evidenced by taking of such actions or the execution of such instruments, certificates or documents by any such Appointed Officer(s)); FURTHER RESOLVED, that Assistant Secretaries who have been given physical possession of the Corporation's Corporate Seal under the authority of the Secretary of the Corporation are entitled to affix the Corporate Seal on proposal documents, contract documents, and certain other administrative forms that require attestation, provided, however, that such Assistant Secretaries are not authorized to affix the Corporation's Corporate Seal to any stock certificates of the Corporation absent further written approval by the Secretary;
FURTHER RESOLVED, that any actions taken by the Shareholder(s), Director(s), or Officer(s) of the Corporation on or prior to the date of the foregoing resolutions that are within the authority conferred hereby are hereby ratified, confirmed and approved as the act and deed of this Corporation;
FURTHER RESOLVED, that the execution of this Written Consent and delivery thereof by facsimile, PDF or electronic signatures shall be sufficient for all purposes and shall be binding upon any party who so executes; FURTHER RESOLVED, this Written Consent may be executed in two or more counterparts, each of which shall be an original and all of which together shall constitute one and the same Written Consent; and FINALLY RESOLVED, that an executed copy of this Written Consent shall be filed with the minutes of the proceedings of the Board.

IN WI'I'NI--SS WHEREOF, the undersigned have executed this Written Consent as of the date first above written.

DIRECTORS.

By:

Name: Thomas J. . 1111pbell
By:

Name: Brian A. Lutes
1 ;
Name: James E. Koch
Name: John M. Tedder
[Signature page to Written Consent in Lieu of a Meeting of the Board of Directors of Michael Baker International, Inc.]

IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of the date first above written.

DIRECTORS:

By:

Name: Thomas J. Campbell
air
Bv: Brian Lutes (Mar 2 , 02416:43 EDT)
Name: Brian A. Lutes
t& rb
By:

Name: James E. Koch
John M Tedder (Mar 29.2024 21:12 EDT)
Name: John M. Tedder
[Signature page to Written Consent in Lieu of a Meeting of the Board of Directors of Michael Baker International, Inc.]

EXHIBIT A
Thomas J. Campbell
Chairman
Brian A. Lutes
President & Chief Executive Officer
Dennis Berlien
Executive Vice President & President, Sustainable and Resilient Solutions Sara Harris
Executive Vice President & Chief Human Resources Officer Daniel Kieny
Executive Vice President & President, Consulting and Technology Solutions James Koch
Executive Vice President & Chief Operating Officer
Stephanie Long
Executive Vice President &War Chief Financial Officer
Brian May
Executive Vice President & President, Federal Programs and Services Eric Ostfeld
Executive Vice President & President, Design Build
John Tedder
Executive Vice President & Chief Legal Officer & Secretary Kenton Zinn
Executive Vice President & President, Infrastructure
John Alberghini
Senior Vice President & National Market Lead - Navy
Jeffrey Baker
Senior Vice President & Office Executive
Steven Barber
Senior Vice President & Office Executive
Ronald Chaffin
Senior Vice President & Practice Executive - Federal Architecture John Dietrick
Senior Vice President & Program Manager
Beth Drylie
Senior Vice President & Regional Market Lead - Federal Markets Eric Frary
Senior Vice President & Office Executive
Andrew Gluck
Senior Vice President & Regional Director
Magdy Hagag
Senior Vice President & Regional Director
Todd Heino
Senior Vice President & SVP Business Development
Charles Hunley
Senior Vice President & National Director, Bridge Services John Hurley
Senior Vice President & National Market Lead - Army
Brian Kozy
Senior Vice President & National Technical Director, Bridge Services David Leach
Senior Vice President & National Market Lead - Federal Civilian Programs Trudi Lim
Senior Vice President & Regional Director & Assistant Secretary Benjamin Matthews
Senior Vice President & National Market Lead -Federal Civilian Thomas Montgomery
Senior Vice President & Regional Director
Fredrick Muncy
Senior Vice President & Technical Advisor - Water
David Nelson
Senior Vice President & Practice Executive - Commercial Engineering John Robinson
Senior Vice President & Office Executive
Jade Rung
Senior Vice President & National Market Lead - Inter -Agency Lori Stump
Senior Vice President & SVP Federal Operations
Michael Tylman
Senior Vice President & Technical Manager - Land Development Nicolaas Veraart
Senior Vice President & National Practice Lead - Planning John Walsh
Senior Vice President & Regional Director
Thomas Zagorski
Senior Vice President & National Practice Lead, Program/Construction Management
Christopher Alberts
Vice President & Office Executive
Kevin Anderson
Vice President & Office Executive
Allison Andrews
Vice President & VP, Director - Emergency Management and Response Michael Arens
Vice President & Office Executive
Mohamed Amin Bagha
Vice President & Regional Practice Lead - Water
Robert Balanti
Vice President & VP Human Resources
William Balentine
Vice President & Office Executive
Joseph Bartorelli
Vice President & CTS - Practice Executive
Richard Beck
Vice President & Practice Executive - Planning, Survey & Land Development & Assistant Secretary
James Bell
Vice President & Technical Director
Jill Bell
Vice President & VP, SSC & Treasurer
Paula Boardman
Vice President & National Geospatial Practice Executive

Gilberto Bosque
Vice President & Office Executive
Kirsten Bowen
Vice President & National Director - Rail & Transit
Albert Bowman
Vice President & Office Manager
Elizabeth Bradford
Vice President & VP, National Resilience Lead
Jeff Broadwater
Vice President & Office Executive
Pernille Buch-Pedersen
Vice President & VP, Director - Emergency Management and Response MaryAnne Buvens
Vice President & Project Manager
Anthony Cabrera
Vice President & Office Executive
Genevieve Cahill
Vice President & Business Developer
Joseph Catalano
Vice President & Office Executive
Jessica Chambers
Vice President & Director - Engineering Applications
Joseph Danyo
Vice President & Chief Engineer
David Dawson
Vice President & Director, Business Systems & Analytics Kristy DeChicchis
Vice President & Director, Proposal Development
Scott Delesdernier
Vice President & Office Executive
Alison Detar
Vice President & Vice President - Marketing
Jamie Dodd
Vice President & Operations Manager - Business Development Patricia Dunaway
Vice President & Office Executive
Ralph Eberhardt
Vice President & Office Executive
Kurt Fritz
Vice President & Office Executive
Amanda Furr
Vice President & Office Executive
Joseph Gardiner
Vice President & Director - Construction Services
Steven Gravlin
Vice President & Office Executive
Dale Gray
Vice President & Office Executive
Lydia Grose
Vice President & Office Executive
Matthew Guard
Vice President & VP Health and Safety
Russell Hall
Vice President & Office Executive
Mary Jo Harriman
Vice President & Office Executive
John Harris
Vice President & Technical Manager - Water
Dean Hartman
Vice President & National Market Lead - U.S. Air Force and Space Force Dwain Hathaway
Vice President & Office Executive
James Haughey
Vice President & Director of Engineering San Diego
Charles Hogeboom
Vice President & Federal Program Manager
William Hoose
Vice President & Office Executive
Leslie Hopper
Vice President & Regional Practice Lead - Transportation Susan Howard
Vice President & National Practice Lead - ICS/OT Cybersecurity Keith Jones
Vice President & Divisional CFO
James Katsafanas
Vice President & National Connected and Automated Vehicle Technology Director
Stephen Kiefer
Vice President & Assistant General Counsel
Mark Kistler
Vice President & Regional Practice Lead - Aviation
Kyle Kramer
Vice President & Office Executive
Kevin Kugler
Vice President & Director - Planning
Devendra Kumar
Vice President & VP, Digital Transformation & Operations Jeffrey Kupko
Vice President & National Advanced Mobility and Vehicle Electrification Director
Edward La Guardia
Vice President & National Director - Rail & Transit
Denise Laferte
Vice President & National Practice Lead - Water
Patrick Leach
Vice President & Practice Executive - Construction Services David Liebgold
Vice President & Office Executive
Michael Lincheck
Vice President & Federal Program Manager
Timothy Little
Vice President & Operations Manager - Infrastructure
John Maile
Vice President & VP Talent Management
Stephen McGaughey
Vice President & Controller (Corporate) & Assistant Treasurer

Paul McGuinness
Vice President & New England Chief Engineer
Todd McIntyre
Vice President & Office Executive
Saul Mellman
Vice President & Director - Transportation
John Mentz
Vice President & Federal Operations Manager
David Mercier
Vice President & Practice Executive - Water
Bradley Mielke
Vice President & Business Developer - Structures
Aaron Morris
Vice President & National LIDAR and Pavement Practice Executive Lois Muller
Vice President & Federal Program Manager
John Nagle
Vice President & Department Manager - Water
Edward Newman III
Vice President & Vice President
Angela Nocera
Vice President & National Market Lead - Army
Brian Oliver
Vice President & Project Manager - Land Development
Kevin Owens
Vice President & National Market Lead - DOE
Lorna Parkins
Vice President & Office Executive
Snehalkumar Patel
Vice President & Director of Engineering
Brian Peiritsch
Vice President & VP Corporate Communications
Douglas Peterson
Vice President & Office Executive
Sarat Peyyeti
Vice President & Program Director
Edward Phillips
Vice President & Regional Practice Lead - Federal
Robert Pitchford
Vice President & Office Executive
Shawn Plichta
Vice President & Regional Practice Lead - Design Build
Jeffrey Polenske
Vice President & Office Executive
Stephen Pouliot
Vice President & Office Executive
Philip Quillin
Vice President & Office Executive
Rachael Richter
Vice President & Practice Executive - Federal Planning
Alfonso Riera
Vice President & Regional Market Lead - Army
Thomas Ritz
Vice President & Regional Practice Lead - Bridge
Jeffrey Roberts
Vice President & Office Executive
Joseph Romano
Vice President & Regional Practice Lead - Bridge
James Rose
Vice President & Regional Practice Lead - Federal
Jerome Ruddins II
Vice President & Department Manager - Construction Management Brian Russell
Vice President & Office Executive
Joseph Salvadori
Vice President & Practice Executive - Bridge
Steven Savich
Vice President & Practice Executive - Land Development and Infrastructure Curtis Schaffner
Vice President & Assistant General Counsel
Mohiuddin Shaik
Vice President & Office Manager
Jonathan Shimko
Vice President & Practice Executive - Water
Raymond Shrift
Vice President & Director, Contracts and Procurement & Assistant Secretary Victor J Siaurusaitis
Vice President & Business Developer - Transportation
Maher Sidani
Vice President & Chief Engineer
Sonja Simpson
Vice President & Office Executive
Peter Sipes
Vice President & Office Executive
Leland Spicer
Vice President & Divisional CFO
Joshua Sprowls
Vice President & Practice Executive - Federal Engineering Michael Stengel
Vice President & Office Executive
Aaron Stover
Vice President & Regional Practice Lead - Bridge
Christopher Tagert
Vice President & Regional Practice Lead - Water
Leigh Tewinkle
Vice President & Vice President, PMO
Timothy Thiele
Vice President & Office Executive & Assistant Secretary Andrew Thomas
Vice President & VP Design Build Delivery
Helen Tison
Vice President & Office Executive
Don Treude
Vice President & Business Developer
John Tricini
Vice President & Practice Executive - Transportation
Lawrence Truman
Vice President & Business Developer

Lynn Truskie
Vice President & Real Estate Acquisition Manager
David Tudryn
Vice President & Practice Executive - Infrastructure Architecture Philip Walker
Vice President & Technical Director - Complex Bridges
Scott Wardle
Vice President & Director - Construction Services
James Waters
Vice President & Chief Infonnation Security Officer & Enterprise Architect Quintin Watkins
Vice President & Office Executive
Kirk Weaver
Vice President & Director Project Delivery Excellence
Karen White
Vice President & National Broadband Practice Executive
Christy Whittaker
Vice President & VP Total Rewards
Dawn Wilson
Vice President & Office Executive
Katherine Wrenshall
Vice President & Assistant General Counsel
James Yeager
Vice President & Director - Transportation
Steven Yoshizumi
Vice President & Practice Executive - Transportation
Johann Aakre
Associate Vice President & Regional Operations Lead - Bridge Angela Adam
Associate Vice President & Proposal Manager
Ryan Adams
Associate Vice President & Assistant Department Manager - Senior Project Manager -Structures
Mariben Andersen
Associate Vice President & Project Manager - Environmental Michael Anderson
Associate Vice President & Senior Project Manager
Alan Ashimine
Associate Vice President & Department Manager - Environmental Douglas Barker
Associate Vice President & Federal Program Manager
John Bellas
Associate Vice President & Technical Manager - Environmental Jessica Belowich
Associate Vice President & Department Manager - Traffic Nicole Bennati
Associate Vice President & Engineering Lead, SRS - Federal Structural Joseph Bennett
Associate Vice President & Department Manager
Wendy Berrill
Associate Vice President & Director - Railway and Civil Design Kashfia Billah
Associate Vice President & Assistant Department Manager - Senior Project Manager -Bridge Inspection
Douglas Blank
Associate Vice President & Department Manager - Transportation Joseph Blickenderfer
Associate Vice President & Department Manager - Energy/Telecom Mark Bodily
Associate Vice President & Project Manager
Justin Bouscher
Associate Vice President & Department Manager - Bridge
Christina Brickner
Associate Vice President & VP, Operations Transformation Robert Brzezon
Associate Vice President & Department Manager - Highway Todd Buckner
Associate Vice President & Department Manager - Roadway Michael Butters
Associate Vice President & Department Manager - Transportation Ashley Buzzeo
Associate Vice President & Director of Product
Christopher Caputi
Associate Vice President & Technical Manager - Environmental Compliance Paul Carson
Associate Vice President & Technical Manager - Oil and Gas Sarah Cathcart
Associate Vice President & Business Developer
Yongxian Chen
Associate Vice President & Assistant Department Manager - Senior Technical Manager -Structures
Richard Chisolm
Associate Vice President & Office Manager
Derek Christianson
Associate Vice President & Project Manager - Highway
Fatma Ciloglu
Associate Vice President & Department Manager - Geotechnical Benjamin Clopper
Associate Vice President & Department Manager - Roadway Dayle Coburn
Associate Vice President & Design Build - Senior Manager Kenneth Collins
Associate Vice President & Director - Transportation
Christopher Conrad
Associate Vice President & Director
Audrey A Corrado
Associate Vice President & Department Manager - Bridge
Miles Costanza
Associate Vice President & Department Manager - Water Resources Maria Cruickshank
Associate Vice President & Proposal Manager
Christopher Cummings
Associate Vice President & Department Manager - Bridge
Jeremy Curtis
Associate Vice President & Project Manager - Transportation

Scott Davis
Associate Vice President & Department Manager - Land Development Gracia de la Pena
Associate Vice President & Department Manager - Pipelines Damien Delany
Associate Vice President & Department Manager - Housing Kevin Doyle
Associate Vice President & Department Manager - Water
James Duguay
Associate Vice President & Project Manager - Aviation
Craig Duppstadt
Associate Vice President & Director Federal Contracts
Sarmad Farjo
Associate Vice President & Department Manager - Transportation David Fekete
Associate Vice President & CTS Program Manager
John Craig Fennell
Associate Vice President & Department Manager - Planning and Urban Design Kathryn Field
Associate Vice President & CTS Program Manager
Anthony Fitzpatrick
Associate Vice President & Department Manager - Construction Services Mary Flynn
Associate Vice President & Department Manager - Construction Services Aarion Franklin
Associate Vice President & Department Manager - Planning James A Frazier
Associate Vice President & Department Manager - Transportation Planning David Frey
Associate Vice President & Director -"Transportation
Christopher Friel
Associate Vice President & Strategic Partnership Manager Sylvester Fryc
Associate Vice President & Department Manager - Highway Laurence Gale
Associate Vice President & Department Manager - Environmental Vahid Ganji
Associate Vice President & Department Manager - Pavement Engineering Robin Godshall
Associate Vice President & VA Statewide Water Manager
Ruben Guerrero
Associate Vice President & Office Executive
Amilyn Haas
Associate Vice President & Business Developer
Robert Hans
Associate Vice President & Office Executive
Kyle Harper
Associate Vice President & Department Manager - Transportation Diana Hartman
Associate Vice President & Federal Program Manager
Max Heckman
Associate Vice President & Project Manager - Planning
Gary Heisler
Associate Vice President & Technical Director - Water/Wastewater Michael Hnat
Associate Vice President & Senior Project Manager - Structures Elizabeth Hoekenga
Associate Vice President & Director - Rail Bridges & Structures Michele Horak
Associate Vice President & Business Developer
Angela Howell
Associate Vice President & Department Manager - Construction inspection Chadwick Huffines
Associate Vice President & Office Executive
Hamid Ikram
Associate Vice President & Assistant Department Manager - Senior Project Manager -Structures
Kevin James
Associate Vice President & Director - Highway
Carl V. Jeffreys
Associate Vice President & Program Manager
Cristin Johnson
Associate Vice President & Engineering Lead, SRS - Federal Mechanical Don Joiner
Associate Vice President & Senior Project Manager
Philip Jufko
Associate Vice President & Director - Aviation Planning Chadi Karam
Associate Vice President & Department Manager - Civil
Nagnath Kasbekar
Associate Vice President & Department Manager - Structures Lindsay Kaufmann
Associate Vice President & Department Manager - Transportation Nathan Kebede
Associate Vice President & National Services Lead
Fareeha Kibriya
Associate Vice President & Department Manager - Planning Matthew Klyszeiko
Associate Vice President & Department Manager - Planning William Kontess
Associate Vice President & Project Manager
William Kristoff
Associate Vice President & Department Manager - Bridge & Tunnel Inspection Elizabeth Krousel
Associate Vice President & Department Manager - Civil and Environmental Michael Kuchera
Associate Vice President & Director of Architecture
Steven Latino
Associate Vice President & Department Manager - Transportation Jane Lehman
Associate Vice President & Senior Counsel
William Lindenbaum
Associate Vice President & Office Executive
Bradley Losey
Associate Vice President & Department Manager - Surface Water Shayna Lotman
Associate Vice President & Regional Director, Human Resources

Marc Luiken
Associate Vice President & Business Developer
Ryan Lynch
Associate Vice President & Regional Director, Human Resources Rebecca Lyne
Associate Vice President & Director of Quality Assurance and Quality Control Christopher MacDougall
Associate Vice President & Technical Manager - GiS
Lance Mackie
Associate Vice President & Department Manager - Electrical Gary Madey
Associate Vice President & Department Manager - Construction Services Joseph Maiorana
Associate Vice President & Department Manager - Construction Services Prasad Manthena
Associate Vice President & Department Manager - Water
Keely Matson
Associate Vice President & Department Manager - Bridge
Jeffrey May
Associate Vice President & Office Executive
Tammy McAllister
Associate Vice President & Global Payroll Manager
William McBride Jr
Associate Vice President & Senior Project Manager - Highway Jeffrey McClure
Associate Vice President & Director Project Delivery Excellence Chad Menge
Associate Vice President & Aviation Market Lead
Brad Miller
Associate Vice President & Department Manager - Traffic/ITS James Miller
Associate Vice President & Department Manager - Transportation Regan Miller
Associate Vice President & Director of Business Development James Murphy
Associate Vice President & Regional Practice Lead - Design Build Robert Murphy
Associate Vice President & Director Business Development Robert Myers
Associate Vice President & Business Developer
Muthukumar Narayanaswamy
Associate Vice President & Operations Manager
Daniel Natale
Associate Vice President & Department Manager - Water
William Neider
Associate Vice President & Department Manager- Land Development Mark J. Nellas
Associate Vice President & Sr. Manager ERP Applications Russell Ozmer
Associate Vice President & Regional Practice Lead - Transportation Pawel Paszczuk
Associate Vice President & Project Manager
Janine Pelekoudas
Associate Vice President & Director, Proposal Development Aaron Pickering
Associate Vice President & Project Manager - Construction Services Joseph Pirilla
Associate Vice President & VP, Fin Planning & Analysis
Kristen Podnar
Associate Vice President & Department Manager - Water
Matthew Ponce
Associate Vice President & Department Manager - Aviation William Pope
Associate Vice President & Department Manager - Land Development Thomas Porter
Associate Vice President & Director - Toll Roads
Hans Probst
Associate Vice President & Portfolio Program Manager
Jennifer Riddle
Associate Vice President & Proposal Manager
Scott Rodseth
Associate Vice President & Department Manager - Construction Services Jacqueline Rooke
Associate Vice President & Director - Project Management Stephen Ross
Associate Vice President & Department Manager - Structures Amy Ross
Associate Vice President & Proposal Manager
Steven Ross
Associate Vice President & Department Manager - Architecture Oscar Rucker
Associate Vice President & Technical Manager - Right of Way Vartan Sahakian
Associate Vice President & Department Manager - Bridge
Nancy Santoro
Associate Vice President & Proposal Manager
Jeffrey Scheick
Associate Vice President & Director - Transportation
Jon Schelkoph
Associate Vice President & Department Manager - Highway Brian Searle
Associate Vice President & Technical Manager - CADD/Design Carlos Setterberg
Associate Vice President & Department Manager - Architecture Bradley Shelton
Associate Vice President & Department Manager - Transportation Planning Savanmaly Shovlin
Associate Vice President & Department Manager - Construction Services Andrew Sidor
Associate Vice President & Department Manager
Steven Slocum
Associate Vice President & Director of Survey - California Andrew Smart
Associate Vice President & Business Developer
Gregory Smay
Associate Vice President & Director of Tax
Paul Snead
Associate Vice President & Office Manager

Joseph Snyder
Associate Vice President & Department Manager - Aviation Eric Spangler
Associate Vice President & Department Manager - Transportation Kevin Spangler
Associate Vice President & Engineering Lead, SRS - Fire Protection Christopher Stanford
Associate Vice President & Project Manager - Transportation Robert Stark
Associate Vice President & Department Manager - Environmental and Planning David Stephens
Associate Vice President & Technical Consultant
Matthew Stewart
Associate Vice President & Federal Planning Operations Manager Josh Stone
Associate Vice President & Department Manager - Civil
Steven Swygert
Associate Vice President & Department Manager - Water
Kyle Thomas
Associate Vice President & Department Manager - Aviation Daniel Thornhill
Associate Vice President & Office Executive
Scott Thornsberry
Associate Vice President & Department Manager - Roadway Julie Thurman
Associate Vice President & Director - Transportation
Ryan Thurmes
Associate Vice President & Department Manager - Federal Eddie Torres
Associate Vice President & Technical Manager - Air Quality & Noise Todd Trautz
Associate Vice President & Director - Technical Services Troy Truax
Associate Vice President & Director - Planning
Colleen Turner
Associate Vice President & Planning Practice Lead
Joanne Tyler
Associate Vice President & Department Manager - Land Development Spencer Uminski
Associate Vice President & Department Manager - Building Design (CSA) Jonathan Updike
Associate Vice President & Senior Designer
Marc Violett
Associate Vice President & Department Manager - Traffic Lori Wade
Associate Vice President & Department Manager - Water
Martin Wade
Associate Vice President & Department Manager - Planning Adam Walkowiak
Associate Vice President & Director - Rail Construction Services Lance Wanamaker
Associate Vice President & Department Manager - Aviation Albert Warot
Associate Vice President & Technical Manager - Planning Nicole Whitehead
Associate Vice President & Director, Learning & Development Kenneth Wing
Associate Vice President & Department Manager - Transportation Michael Yaffe
Associate Vice President & Department Manager - Community Planning and Urban Design
Michael Yang
Associate Vice President & Assistant Department Manager - Senior Technical Manager-Geotechnical
Elio Zamora
Associate Vice President & Business Development Manager - CTS Ryan Zellers
Associate Vice President & Department Manager - Traffic Angela R. Logan
Assistant Secretary
Denise McNamara
Assistant Secretary
Terri A. Vojnovich
Assistant Secretary
[Exhibit A to Written Consent in Lieu of a Meeting of
the Board of Directors of Michael Baker International, Inc.]

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC.

ON -CALL MAPPING AND SURVEY SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and David Evans and Associates, Inc., a Corporation, consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. In no event shall the Consultant be responsible for delays outside its reasonable control.

3. PERFORMANCE
Consultant shall provide services consistent with the degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances and in the same locality. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner 06/19/2024

as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.htmi

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
06/19/2024

b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement ("Prepared Materials") shall become the sole property of the City upon compensation in accordance with this Agreement to the consultant and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Any reuse or modification of the Prepared Materials without the prior written consent of the Consultant shall be at the sole risk of the City. 06/19/2024

10. INDEMNIFICATION
a. Indemnity for Design Professional Services. In connection with its design professional services, but subject to the limitations of Section 2 of this Agreement, Consultant shall hold harmless and indemnify City, its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively "Indemnitees"), with respect to any and all claims, demands, liabilities, losses, costs or expenses, including reimbursement of reasonable attorney fees and costs of defense (collectively "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property which to the extent arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employee, sub -consultants, or agents in the performance or its professional services under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault as set forth in California Civil Code 2782.8.
b. Other Indemnities. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency."

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to 06/19/2024

it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per claim and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 06/19/2024

5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits that do not meet the requirements in the Agreement, the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 06/19/2024

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to reasonably cooperate with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice (or) delivered electronically, receipt confirmed. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: David Evans and Associates, Inc.

Attn: Joseph Wideman
41915 Remington Avenue, Suite 220
Temecula, CA 92590-2553
06/19/2024

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 06/19/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By
DAVID EVANS AND ASSOCIATES, INC.
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: 4 '0.

VF
Duffy Haggarty, Vice Pr ident
By:

Maria Marzoeki, Vice President
Peter M. Thorson, City Attorney CONSULTANT
David Evans and Associates, Inc.

Attn: Joseph Wideman
41951 Remington Avenue, Suite 220
Temecula, CA 92590-2553
(909) 912-7378
[email protected]
06/19/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this services include:
• Research existing survey data such as maps, records of survey, monument ties, and benchmarks
• Locate existing monuments
• Perform boundary and control surveys
• Prepare legal descriptions and plat maps for right-of-way acquisition • Prepare Records of Survey as needed
• Perform aerial mapping and topographic surveys
• Establish and verify horizontal and vertical control
• Locate horizontally to 0.1+ feet all existing facilities • Perform field surveying for project design purposes
• Perform map checking services for the Land Development division of the Public Works Department for various development plans throughout the City • Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc.
10 06/19/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $300,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
11 06/19/2024

9 DAVI❑ EVANS
ANoASSOCIATES 1Nc.

Schedule Gf Hourly Billing Rates
Rates Effective through Fsbnzary 28, 2025*"
Survey Manager
$275.00
Sr. Project Manager
$244.00
Proj ect Manager
$230.00
Sr_ Project Surveyor
$210.00
Project Surveyor
$150.00
Survey Analyst/Sr. Survey Technician
$130.00
Survey CARD 1 Survey Techncian
$158.00
Survey Project Coordumtor
$135.00
Admin/Clerical
$115.00
Nate: Authorized overtime will be charged at 1. 5 times the above rate- 1-Person Suuvey Crew * $220.00
2-Person Suuvey Crew * $33&.00
Note: There is a 4-, f- and 8- hour minimum charge for field survey work.

David Evans and Associates, Inc. is signatory to the International Union of Operating Engineers Local 12- Field surveyors are therefore paid prevaiding wage rates for all workper, farmed_ 1 _ Mileage to be invoiced using the current IRS approved rate- 2- 3D Laser Scanner equipment is not included in our overhead rate and will he invoiced at an additional separate daily rate.

3. Client shall pay the costs, plus 15%, for any applicable government fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs and delivery or messenger services incurred on the client s behalf.
*gates sublect to annual increase estimated ut 3-5% escalation. www_deainc.com
12 06/19/2024

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Digital Mapping, Inc

RATE SHEET
(2024)
Professional
Rate
Unit
1 Senior Project Manager
S195.00
Hour
2 Certified Photogrammetrist
$195.00
Hour
3 Professional Land Surveyor
S195.00
Hour
4 QAfQC Manager
S150.00
Hour
5 Photogrammetrist
S150.00
Hour
6 Stereo Compiler
S100.00
Hour
7 LiDAR Manager
S115.00
Hour
8 LiDAR Technician
S100.00
Hour
9 Qrthophoto Technician
S100.00
Hour
10 CAD Technician
S90.00
Hour
11 Pilot
$130.00
Hour
12 Camera I JDAR operator
S110.00
Hour
Other Direct Costs
Digital Aerial Photography
13 DP.1C-II-230 Aerial Photography (Mobilization)
$1.350.00
Hour
14 DP.1C-II-230 Aerial Photography (Acquisition)
$1.650.00
Hour
15 Airborne GPSIIMU Data (Mobilization) for DMC and LiDAR S950.00
Hour
16 1)1`.1C-II-230 Aerial Images 9"x9" Frame
$90.00
each
17 Contact Prints from Digital Images (9'W" or 9' x7" ) $30.00
each
LiDAR Data Collection
18 Optech ALTM Galaxy T1000 - Lida Sensor Mobilization
$1.350.00
Hour
19 Qptech ALTM Galaxy T1000 - Lida Data Acquisition
$1,750.00
Hour
13 06/19/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND VERDANTAS INC.,

ON -CALL GEOTECHNICAL & MATERIAL TESTING SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation '(hereinafter referred to as "City"), and Verdantas Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

Consultant shall be compensated for any additional services in the amounts and in the manner 05/16/2024

as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http // www.dlr.ca.go . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWarks.html

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
05/16/2024

b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
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10. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or exponses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits nu less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
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4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 0104 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and 05/16/2024

all subcontractors must agree in writing to be bound by the provisions of this section d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
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14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Verdantas Inc.

Attn: Simon Saiid
41715 Enterprise Circle N., Suite 103
Temecula, CA 92590-5661

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
05/16/2024

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITEO INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.) 'VA�I
Uj AW41
By: 41141!
Kristen Williams, West Area Leader/Vice
President
By:

Nikhila Srirangpatna, West Area
Financial Leader/Vice President
Peter M. Thorson, City Attorney CONSULTANT
Verdantas Inc.

Attn: Simon Saiid
41715 Enterprise Circle N., Suite 103
Temecula, CA 92590-5661
�951j 296-0530
ssaiid(&-verdantas.com
s
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EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) includes on -call geotechnical and materials testing services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services:
• Subsurface Exploration, including but not limited to the following:
o In -Place Moisture and Density Tests
o Laboratory Maximum Density and Optimum Moisture Tests o Sieve Analysis
o R-Value
o Direct Shear Tests
o Consolidation of Collapse Tests
o PH, Resistivity, Soluble Sulfate, and Chloride Tests
• Logs of the Exploratory Borings summarizing the subsurface conditions encountered, Results of Laboratory Testing, and a Plan indicating the Location of the Explorations
• Seismicity
• Geotechnical Evaluation and Recommendations, including but not limited to the following:
o Grading
o Earthwork
o Settlement Considerations
o Surface and Subsurface Drainage
• Foundation, Column, and Slab Recommendations
o Slope Stability
o Soil Sulfate Content Implications
o Utility Trench Backfill
o Retaining Walls and recommended Lateral Earth Pressures used for Design
o Pavement Design
o Grading and Foundation Plan Review
o Construction Monitoring
o Pile Driving, if necessary
o Lateral Earth Pressures
• Discussion of the Existing Pavement or Site Conditions • Recommendations of Removal of Unsuitable Material
• Soil Ferrous Corrosivity and Portland Cement Attack Potential • Environmental Concerns / Hazards
10 05/16/2024

Preparation of Phase I Environmental Reports of properties Review of available Geologic Maps and Reports for the Region Discussion of the Material Encountered in the Borings and Measured Engineering Properties
Preparation of Field and Final Compaction Reports, as required. A Summary of Findings and Recommendations in the Report
• Review of Project Plans and Specifications with emphases on' Geotechnical and Laboratory Materials Testing Services, and attend Progress Meetings, as required
Observation and Field Testing Services during all phases of Site Grading, including but not limited to Removal of Unsuitable Soils, Approval of Areas to receive Fill ad Mass Fill Placement
• Field Observation and Testing during Trench Backfilling Operations Field Density Testing during Subgrade and Base Compaction • Field Sampling and Testing of Base and Asphalt Concrete • All necessary Laboratory Tests to support Fielded Services, and to satisfy Caltrans and other regulatory agency requirements
• Batch Plant Inspections
Structure Backfill Observation and Testing
• Concrete Sampling and Testing
• Special Inspections
• Consulting Services requiring Corrective and/or Remedial Recommendations, if necessary
11 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
12 05/16/2024

r/// Leighton 2024 PPOFESSIONAL FEE SCHEDULE
a verdantas company - Amended -

LABOR RATES

CLASSIFICATION
S1HR

CLASSIFICATION
S/HR
Technician I ....................---.--
..100
Project Adnnistrator/Word ProcessorlDispatcher .. -- .- L- . .. _ .. -. 90
Technician II 1 Special Inspector .......... . ----- -- ------- --.--- .------.------.-_.- - 110
Information Specialist-- - - - -----
130
Senior Technician/ Senior Special Inspector.:.- _ .. _ ...... 124
CAD Operator.
155
Prevailing Wage (field soils / materials tester)' .. .......................... _.......148 GIS Specialist - - ----- ---- - .-------------- . --._ . __-- - ----- -.-- --- .... ........... . 155
Prevailing Wage (Special Inspector) '.....................................................155 GIS Analyst ._......

Prevailing Wage (On site Source Inspector, NDT and soil remediation Staff Engineer I Geologist 1 Scientist .......... ---- ... .................... ........... 170
O&M)'._ . ......... .......................................... .............. ............ _.......... . . 180
Senior Staff Engineer I Geologist I Scientist l ASMR----------- ----- ........... 185
System Operation & Maintenance (O&M) Specialist ............................. ... .165
Operations 1 Laboratory Manager........................205 Non Destructive Testing (NDT)............................. . ........ ------------------ --175
Project Engineer I Geologist I Scientist------- _._ ............................. .........---215 Deputy Inspector ---......................... ................. ... .... ..------------------ ------- -.130
Senior Project Engineer / Geologist 1 Scientist I SMR.................................. 240
Feld 1 Laboratory Supervisor -- ... _-.--- --- --------- ..165
Associate
.... 265
Source Inspector .-.-. -- .
155
Pnndpal - .-. -- ._ .... ............ ...............
296
City of Los Angeles Deputy Building (including Grading) Inspector -._ ... __175
Senior Principal ......... ,.._ ............................... 330
' See Prevailing Wages in Terms and Conditions
anIa, 150]

GEOTECHNICAL LABORATORY TESTING

WEST METHOD

CLASSIFICATION & INDEX PROPERTIES
Photograph of sample ..................................... 15 Moisture content (ASTM D2216) .
25 Moisture & density (ASTM D2937) Ong samples ----- --- - - ---------- ---------- ------ .37
Moisture & density (ASTM D2937) Shelby tube or cutting
.5
Afterberg limits 3 points (ASTM 134318). - -- ---. -- - ------.---- - - _- .160
- Single point, non -plastic ...................... ..........----•------ -- - --- ---.90
- Atterberg limits (oRimicASTM D24071D4318) ----- ------ .------------------- -----195 - Visual classification as non -plastic (ASTM D2488).---------------------------- .. ....15
Partite size: ...... ................................................. - Sieve only 11A inch to #200 (AASHTOT271ASfM ClNASTM D6913tCTM 2Q2) 155
- Large sieve 6 inch to #200 (AASHfo T27/Asw C13eASTl1 omarcTm 2o2)...195 - Hydrometer only (ASTM 07928) .................
- Sieve + hydrometer 53 inch sieve, (ASTM D7928)._ .- ...._ ._.- - .. _200
- Percent passing #200 sieve, wash only (ASTM 01140)------------- ................75 Specific gravity and absorption of fine aggregate
(AASHTO T84/ASTM C12131ASTM DffiQrTM 207)--- --- ------ ------- ---- -- -- ..140
Spedfic gravity and absorption of coarse aggregate
(AASHTO T&SrASTM C1271CTM 206) --.. •------ - -- ----.---.-- Total porosity - on Shelby tube sample (calculated).............................180 Total porosity - on other sample (calculated) ................... __._,165 Shrinkage limits wax method (ASTM D4943) --------- ------------------------ - ---------- ----135 Pinhole dispersion AA8TM D4647)..............................................................225 Dispersive characteristics (double hydrometer ASTM D4221).._-------------------------- 215
As -received moisture & density (chunk/carved samples)__- ---- ._-------- ---.65
Sand Equivalent (AASHTO TINASTM D2419lCTM 217) -....
115

SHEAR STRENGTH
Pocket penetrometer._.........................._.._......_............._ __ --- -.- - - ---20
Direct shear (ASTM D3080, mad., 3 points):

Consolidated undrained - 0.05 inchlmin (CU) _ ..... ..... ... .. .. 320
Consolidated drained - <0 05 inch/min (CD) -- -- - --- -- -- -- ------ -- -395
Residual shear EM 1110-2-1906-IXA (price per each additional pass after shear) - .55
Remolding or hand trimming of specimens (3 points)...............................95 Oriented or block hand trimming (per hour)... - --- - _-- - -------- --- - -_ ...70
Single point shear ..................................... ............ ....................,,..-115 Torsional shear (ASTM D64671 ASTM D7608)-------------------------------- ---_------------680

COMPACTION & PAVEMENT SUBGRADE TESTS
Standard Proctor compaction, 4 points (AsTM Ds9e)
SITEST
- 4 inch diameter mold (Methods A & B)--_-•.._............ .....__,,.„.,.........170 - 6 inch diameter mold (Method C) .... W .....---..._.. .. ,„__...................230 Modified Proctor compaction 4 points (ASTM D1557):
- 4 inch diameter mold Methods A & B...................................................... 235
- 6 inch diameter mold Method C.._.................................___....._._.........-266 Check point (per point) ........................................ ............—....70 Relative compaction of untreatedltreated soilslaggregates (CTM216).......... 270
Relative density 0.1 ft mold (ASTM D4253, D4254).._;.„......................._........250 Caliromia Bearing Ratio (ASTM D1883)
3 Point ......------------ ----------- ..-....... _- ...........................I-- ...... .. -535
- 1 point ------------------------------ - --------------- - ,. ....... I-.. ........... ......... .--200 R-Value unhealed sods/aggregates (AASHTO T1901ASTM D2644/CTM 301) ...335
R-Value lime or cement treated soils/aggregates (MSHTO T19G'ASTM D2M,KTM 301) 1.- ..................
366

SOIL CHEMISTRY & CORROSIVITY
pH Method A (ASTM B4972 or CTM 643) -- - .. ..... ..... ...... ......... . 50 Electrical resistivity - single point- as received moisture .....................50 Minimum resistivity 3 moisture content points (ASTM G1871CTM 643) _. ..-95
pH + minimum resistivity (CTM 643) ...........................................................140 Sulfate content - gralnmelric (CTM 417 B Part 2).. ............................. .75
Sulfate content - by ion chromatograph (CTM 417 Part 2)...::........... ................. 85 Sulfate screen (Hach®} ..........35
Chloride content (A4SHT0 T2911CTM 422}..........-...................... _...................., 75 Chloride content - by ion chromatograph AAASHTO T291JUTM 422)...................85 Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643}....,„..... 285
Organic matter content (ASTM m74)---------- ............................. _..............._..70

CONSOLIDATION & EXPANSION/SWELL TESTS
Consolidation (ASTM D2435)
210
Each additional time cme ----- - .. ......... ... ........... ............. ......50 Each additional loadlunload w/o time reading . ........ ..------------------ _ 45
Expansion Index (ASTM D4m)_ ............... .........L................. ..,.............. 140
Single bad swell/collapse - Method B(ASTMD154&8,seat,load&nudabortfi---- 115
Swell collapse Method A up to 10 Ioadf unloads w/o time curves AASTM045") --------- -....... ............. .......T...................................... 13 05/16/2024

%; Lei ghton
METHOD

S/TEST METHOD

TRIAXIAL TESTS
Unconfined compression strength of cohesive soil (with stres&*ain plo, ASTMD2166)��.._..._�..... .. _ ... _._145
Unconsolidated undrained thaxial compression test on cohesive soils (UU, ASTM 02850, USAGE q test, per cordning stress) ,-....._._ ........ -.-185 Consolidated undrained triaxial compression test for cohesive sails, (cu. ASTM D4167, USAGE Row oesil wdh back pressure saturation & pore water pressure measuremenl (per confnirhg stress).... .. 400 Consolidated drained triaxial compression test (CD, USAGE 6), with volume change measurement. Price per soil type below EM 1110-2-1906(X):

Sand or silty sand soils (per confining stress) ..... ..... ... ------ -- -_- -400 Sift or clayey sand soils (per confining stress) .. . - - - - _ .535 Clay soils (per confining stress) ._ .... ....... .................... . .....355 Three -stage triaxial (sand or silty sand soils)....;._;._........................700 Three -stage triaxial (sift or clayey sand soils) ....................

Three -stage triaxial (clay sails)-..... ............ ......................... .._--.....,.1,320 Remolding of test specimens ..... ......................... ,.---.-- ,----70

FEE SCHEDULE
$/TEST

HYDRAULIC CONDUCTIVITY TESTS
Triaxial permeability in flexible -wall pemheameter with badcpressure saturation at one effective stress
(EP491001ASTM D504, falling head Method C)... ..- . -.. --- - ------ ---- ----- 335
Each additional elfective stress--.--
130
Hand Inmong of soil samples fof fhorex9rltal K.............:....... .............. 65 Remolding of test specimens .................... ........ ....._._- ---- --------------- - -----_ 70 Pemleab4dy of granular SONS (ASTM D2434)-----------------------------------------145 Soil suction (titer paper meshod, ASTM 05290)........_..._.._. ..............._._...._..._.430

SOIL -CEMENT
Moisture -density curve for sod -cement mil. hares (ASTM D558) _------------------ - 260
Wet-&y durability of spill-owient mixtures (ASTM D559) - ----- _.._...._-_--- -1,290 Compressive strength of molded soil -cement cylinder (ASTM D1633)- _- - - -65
Soil -cement remolded specimen (for shear strength, consolidation, etc)'.. --------- 250
Compadim (ASTM D558 nta imm deraily) should also be pedomhed - not included in above pnce

CONSTRUCTION MATERIALS LABORATORY TESTING

METHOD WEST

CONCRETE STRENGTH CHARACTERISTICS
Concrete cylinders compression (ASTM C39) (6" x 12' and 4" x 8") 40 Compression, concrete or rnasonry cores (testing only) s6lnch (ASTM MI._ 45 Trimming concrete cores (per core) -- --- -----------. ».. _.......... 25 Flexural strength of concrete (simple bearn-3rd pt badrg, ASTM C7BlCTM 523),.., 90 Flexural strength ofconcrete (simple beam -center pt.baft.ASTMC2MTM523)..-90 Non shrink grout cubes (2 vxh,ASTM C1090107)..._..._.............._.............30 Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) 430
Length of concrete cores (CTM 531)-------------------------------------- -------- ..... 45 HOT MIX ASPHALT (HMA)
Resistance of compacted HMA to moisture -induced damage (41SHT0 T283fCTM 371) -- ........................ - ..•• ..............

2.250
Hamburg Wheel, 4 briquettes (modified) (AASHTO T324)............. ..................965 superpave gyratory curnpaclion (AAsHTOT3121AsTM D6925)----.....:._--------- 375
Extraction by ignition oven, percent asphalt
(AASHTO T30WASTM DM/CTM 362)--------- ------------------ ----- _ _.. --.................160 Ignition oven correchoMcorrelabon values
(AASHTO T30WASTM D6307r.TM 9B2)
1,445
Extraction by centrifuge, percent asphalt (ASTM D2172) ----------------------- 160
Gradation of exWdded aggregate (AASHTOT301ASTM D5444PCTM 202) . 145
Stablkxneter, S-Value (ASTM D15WGTM 366)----------------------- --............ --- - - - 285
Bituminous mixture preparation (AASFffO R3KTM 304).........._................115 Moisture content of HMA (AASHTO T32WASTM 06037ICTM 370)....... ... ... 65 Bulk specific gravity of compacted HMA, molded specimen or cores, uncoated (AASHTO T1661ASTM D2726rCTM 308)------------------------------------------ .55
Bulk specific gravity of compacted HMA, molded specimen or cores, paraffin -coated (AASHTOT2751ASTM D118BlCTM 306)............... . . . 60
Maximum density - Hveem (CTM 30) ---------------------- -------- _ _. _.................... 215
Theoretical maximum density and specific gravity of HMA (AASHTO T2091 ASTM D204MTM309)--- ------------------------------------- _.......... ............. .,..__...140 Thickness or height of compacted bituminous paving mixture specimens (ASTM 03549) .------------- ............ -•- . . ................. ^ . .................... 45 Wet bade abrasion of slurry Seal (ASTM D3910).... ................. ...... .......... 160
Rubberized asphalt (add to above rates) ---------------------- ---- _........................ +25%
BRICK
Compression - cost for each, 5 required (ASTM C67)_....................w..,.,......55 Absorption - cost for each, 5 required (ASTM C67).... _..-........_....................... 55 14

METHOD SITEST

AGGREGATE PROPERTIES
Bulk density and voids in aggregates (AASHTO T191ASTM C291 CTM 212).._ Organic impurities in fine aggregate sand (AASHTO T211ASTM C4(YCTM 213)..., 65 LA Ralller-smaller coarse aggregate N4retained.-_... ---- --------------------------- __......_:._---------------------- 110
Gay lumps, friable particles (AASHTO T1121ASTM C142)..-.-._-.---------------- ........ 190
Durability Index (AASHTO T21(1ASTM D3744ICTM 229)-------------------- _---- ---- _ _ 215
Moisture content of aggregates by oven drying
CwHTO T255'ASTM c5%cTM 226)------ ------------------------- --------- „-._....._...,, 45 Uncompacted void content of fine aggregate
(AASHTO T3WASTM C1252I CTM 234)------------------------------------------- ..........._..140 Percent of crushed particles (AASFITO T3351ASTM D582VCTM 205)........... .._..145 Flat & elongated particles in coarse aggregate (ASTM D4791ICTM 235).-...,-_230 Cleanness value of coarse aggregate (CTM 227)- --- - ..--_ .225
Soundness, magnesium (AASHTO T1041ASTM CBBfCTM 2141...........................240 5uundnejs, sudlum (AAWO TlwABTM CBt4CTM 214) ------- ---- ----- _- •---.---.-,695

MASONRY
Mortar cylinders 2" x 4" (ASTM C780) -..--•-•-------------------------- ._.._.-- -------- 35 Grout prisms X x 6" (ASTM C1019).......... ----------------------------------------- .._--- .----...35 Masonry cores compression, s6" diameter - lesting only (ASTM C42).._.-...-45 Masonry core shear testing (Title 24)---------------- ............. ..---.----...----------- __.85
Veneer bond strength, cost for each - 5 required (ASTM 0492)........ ... .._.......60 CMU compression to size 8" x 8" x 16' - 3 required (ASTM C140)---- _-.--------- 60 CMU moisture content, absorption & unit weight - 6 required (ASTM C140).._-,55 CMU linear drying shrinkage (ASTM C426) ---------------------- ---- .... „...-_--..---190 CMU grouted prisms compression test Q' x 8' x 16' (ASTM C1314)------------- 215
CMU grouted prisms compression test> 8" x 8' x 16'(ASTM CI314).............270

BEARING PADSIPLATES AND JOINT SEAL
Elastomeric bearing pads (Callrans SS 51-3) .----------------------------------- ------- --1,060 Elastomeric bearing pad with hardness and compression tests (Cakram SS 51-3) ............ ..... ---- -- ----•-----------------. .....................1,315 Type A Joint Seals (Caitrans SS 51-2).......------------------ .--------------------------- 1,735
Type B Joint Seals (Caltrans SS 51-2)........-..---------------------_----___ .......... _ 1,640
Bearing plates (A536)................. ..............--• . . ---•-••--•-• --...... 770
05/16/2024

%;Leighton
METHOD

WEST METHOD

REINFORCING STEEL AND PRESTRESSING STRANDS
Rebar tensile test, s up to Noll (ASTMA370).. .................. .. 70
Rebar tensile test, a No 14 & over (AsrmA37o)--- - -- -- --- __..215 Rebar bend test, up to No 11(ASTM A370) ....................._..._.._.. 70 Rebar bend test, >_ No 14 & over (ASTM A370)_ .. ........ ..........216 Resistance butt -welded hoopslbars, tensile lest, sup to No 10 (CTM 670)....70 Resistance butt -welded hoopsibars, tensile test, a No. 11 & over (CTM 670)._90 Mechanical rebar splice, tensile lest, s up to No_ 11 (CTM 670)----------------------- 70 Mechanical rebar splice, slip test, s up to No. 11 (CTM 670)-------------- - ------------ 45 Mechanical rebar splice, tensile test, a No_ 14 & over (CTM 670)___._...-.. -_215 Mechanical rebar splice, slip test, z No. 14 & over (CTM 670)........... ____ _.__.215 Headed rebar splice, tensile test, s up to No 11 (CTM 670)------------- ---------- --70
Headed rebar splice, tensile test, No 14 & over (CTM 670) --------------------- -215
Epoxy coated rebarldowel film thickness (coating) test (ASTMARRA934),.__.50 Epoxy coated rebarldowel continuity (Holiday) test (ASTM A7751A934)------------- 70 Epoxy coated rebar flexibility/bend lest, up to No_ 11 (ASTMA775IA934)---------- 50 Prestressing wire, tension(ASTMA416)..............................-.............._..___190 Sample preparation (cutting) ._............ ........................

FEESCHEDULE
WEST

STREET LIGHTSISIGNALS
LED Luminaires I Signal Modules I Countdown Pedestrian Signal Face Modules (Caltram RSS 86) ---- ----------- --- --,_---------------------------- --1,390

SPRAY APPLIED FIREPROOFING
Unit weight (denrAy, ASTM E605)..---.......... .--------------------- •.--.._._......._... _.........65

FASTENERS IBOLTS /RODS
F3125 GR A307, A325 Brits, tensile test, :5 up to 1-114" diameter, plain (ASTMA370) ._ - ---------- - ---------------------- -••------ F3125 GRA307, A325 Bolts, tensile test, s up to 1-1/4" diameter, galvanized (ASTMA370) . ... _--------------------------------- ..----- ---------- - --- -80
A490 Bolts, tensile test, s up to 1-1/4' diameter, plain (AST11A370)._....--- ..70
A490 Bolts, tensile test, s up to 1-1/4' diameter, galvanized (ASTMA370). .80
A593 Bolts, tensile test, <_ up to 1-1/4' diameter, stainless steel (ASNA370) . 70 F1554 Botts, tensile test, s up to 1-114" diameter, plain (ASTM A370) - --- _- -110
F1554 Botts, (ensile test, s up to 1-114" diameter, galvanized (ASTM A370)...130

SAMPLE TRANSPORT
Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) Al

EQUIPMENT LIST
ITEM
$UNIT
1/4 inch Grab plates . ......... ............. :.............. .......- ------------- ------ ---------- 5 each
114 inch Turing (bonded) ............... ..... ....................................... ....... 0.60 foot
1/4 inch Tubing (single) . ...--•-•---•---.-.-om
foot
318 inch Tubing, dear vinyl ..........
_.---- _.0 60 fool
4-6as meter (RKI Eagle or similaryGEM 2000
140 day
Air lbw meter and purge pump (200 cclmn)...... ......... 55 day
Box of 24 soil drive -sample rings ... .............,.».....,._............_.._ 130 box
Brass sample tubes .............. ... ........... ..._----------------------------- _......... 11 each
Caution tape (1000-foot roll).. - .................................... -------- ------------ 22 each
Combination tack or padlock ...................... ..... ... ........ . 15 each
Compressed air tank and regulator .-----..- - . -
_ -- ----- - 55 day
Concrete coring machine (564ch-dia) -- - .. - -----
.._- _- 160 day
Consumables (gloves, rope, soap, tape, etc.) ............. .. ....... __. 40 day
Core sample boxes.._ ................_.......... --. - --- - - --- - -- -- . --------- 30 each
Crack monitor Two -Dimensional.... .. - --- - -- - - ---. ----------------- 30 each
Crack monitor Thee -Dimensional ..... - . . .. .--- ..---------------------- 40 each
Cutoff saws, reciprocating, electric (Sawzall®)..... .............. _............ . 80 day
D-Meter Walking Floor Profiler ........... .. ... ------ .... ..„_------------------ 110 day
Disposable balers ................................ ....... ............___ . 25 each
Disposable bladders--- ---.-•----•-•------ ----- -- -- --- -- -.--------- ----20 each
Dissolved oxygen meter .............. •.................-------------------------50 day
DOT 55-gallon containment drum with 6d ........-_.._
_......_ . B5 drum
Double -ring infittrometer............ ............. - - --...._...-------------------. ___ 135 day
Dual -stage interface probe- ....... ....... --- - ----•---••--•------------------•--85 day
Dynamic Cone Penetrometer ...- . . . . ... ........ ..... -_-- ---- 430 day
Generator, portable gasoline fueled, 3.500 watts ---------- .41------------- _.._.90 day
Global Positioning SystemlLaser Range Finder .. --------- ------- ----- -------- 80 day
Hand auger set ..._....................................- - ------------------------------90 day
HDPE safety fence (sl 00 feet) ............................. ................... .__40 roll
Horiba U-51 water quality meter._ .......................... . - --- --- ----------135 day
Light tower (towable vertical mast) ............................... 150 day
au Ma nehelic e...........................-............... 9 9 9......
15 day
Manometer --- ----------- .. ......• • .......--
----25 day
Mileage (will adjust with IRS published rate). ­-­-r­­­­­-­

0.67 mile
15 ITEM
$ UNIT
Moisture lest kit (excludes labor to perform test, ASTM E1907) ...... .65 test
Nuclear moisture and density gauge ...«,-----------------_ ------- .-.... .... 88 day
Electrical moisture and density gauge - --- --------------------- ... -- . 88 Day
Pachometer..................................... _......_.._..._...—._... ..50 day
Particulate Monitor. .................•-----.-...». _.._._........................135 day
pH/Conductivitylfemperature meter....„.„.„»..„.-.. .......... .................60 day
Photo -Ionization Detector(PID)....................---------.--.-------------_....-.130 day
Pump, Typhoon 2 or 4 stage . ------------------ -------------- - ------------ - -.-- --- 55 day
QED bladder pump w1QED control box .. _-
175 day
Quire fee - Phase I only .............................. ...................... 250 each
Resistivity field meter and pins.. .--.--- .. _._ ._- __.--- --- --- _.. 200 day
Slip I threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40... 20 each
Slope inclinometer----------------------------__---_--------------------••-•-------250 day
Soil sampling T-handle (Encore) ............__ ..............._._..,»,....._....... 10 day
Soil sampling tripod ........................................ ....................... .... ..... 40 day
Speedy (R) moisture tester-... .................. . ............ . ........ ..... ........... 10 day
Stainless steel baker
60 day
Submersible pump with controller - - - ----------------------•--- -------- - - ------- 180 day
Submersible pump/transferpump, 10-25gpm.._..._.------------- .----------- 65 day
Support service truck usage (well installation, etc) ............... _..._._----260 day
Surveyffence stakes........ .... .... - ----- ------- --------_.-_-------------------.10 each
Tedlar@ bags .................... . . .. . . - -- --- --• • - ---------------- .. 25 each
Traffic cones (s25)Ibarrloades (single lane) -----.---------------------•----......55 day
Turbidity meter ................. ..... . ....... . ...-- -- -- - -- ----- --- 80 day
Tyvek® suit (each).- ---- --- - -- --- - -----
25 each
Vapor sampling box .................. ........._.....----•-----------------........ .... 65 day
Vehicle usage (carrying equipment) ...................................... 15 hour
VelociCalc........ .... .. .-.40
day
Visqueen (20 x 100 feet) ...........- ............ .........W._......... 130 roll
Water level indicator (electronic well sounder) <300 feet deep well 100 day
ZIPLEVELO....... »....»..._......................... .... ................ ._...._.40 day
Ogler specialized geotechnical and environmental testing and monitoring equipment are available, and priced per site
05/16/2024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND TWINING, INC.

ON -CALL GEOTECHNICAL & MATERIAL TESTING SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Twining, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at htt :// www.dir.ca , ov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html

SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024

and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024

b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024

better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks o_rCircumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024

or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Twining, Inc.

Attn: Melissa Misale
111 Main Street, Unit A
Riverside, CA 92501

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern 05/16/2024

the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

By:

Linas Vitkus, President & COO
ident, Geotechnical
Engineering
By:

Peter M. Thorson, City Attorney CONSULTANT
Twining, Inc.

Attn: Melissa Misale
111 Main Street, Unit A
Riverside, CA 92501
(949) 230-5703
[email protected]
9 05/16/2024

EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) includes on -call geotechnical and materials testing services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services:
• Subsurface Exploration, including but not limited to the following:
o In -Place Moisture and Density Tests
o Laboratory Maximum Density and Optimum Moisture Tests o Sieve Analysis
o R-Value
o Direct Shear Tests
o Consolidation of Collapse Tests
o PH, Resistivity, Soluble Sulfate, and Chloride Tests
Logs of the Exploratory Borings summarizing the subsurface conditions encountered, Results of Laboratory Testing, and a Plan indicating the Location of the Explorations
Seismicity
• Geotechnical Evaluation and Recommendations, including but not limited to the following:
o Grading
o Earthwork
o Settlement Considerations
o Surface and Subsurface Drainage
o Foundation, Column, and Slab Recommendations
o Slope Stability
o Soil Sulfate Content Implications
o Utility Trench Backfill
o Retaining Walls and recommended Lateral Earth Pressures used for Design
o Pavement Design
o Grading and Foundation Plan Review
o Construction Monitoring
o Pile Driving, if necessary
o Lateral Earth Pressures
• Discussion of the Existing Pavement or Site Conditions Recommendations of Removal of Unsuitable Material
• Soil Ferrous Corrosivity and Portland Cement Attack Potential • Environmental Concerns / Hazards
10 05/16/2024

• Preparation of Phase I Environmental Reports of properties • Review of available Geologic Maps and Reports for the Region • Discussion of the Material Encountered in the Borings and Measured Engineering Properties
• Preparation of Field and Final Compaction Reports, as required. A Summary of Findings and Recommendations in the Report
• Review of Project Plans and Specifications with emphases on Geotechnical and Laboratory Materials Testing Services, and attend Progress Meetings, as required
• Observation and Field Testing Services during all phases of Site Grading, including but not limited to Removal of Unsuitable Soils, Approval of Areas to receive Fill ad Mass Fill Placement
• Field Observation and Testing during Trench Backfilling Operations • Field Density Testing during Subgrade and Base Compaction • Field Sampling and Testing of Base and Asphalt Concrete • All necessary Laboratory Tests to support Fielded Services, and to satisfy Caltrans and other regulatory agency requirements
• Batch Plant Inspections
• Structure Backfill Observation and Testing
• Concrete Sampling and Testing
• Special Inspections
• Consulting Services requiring Corrective and/or Remedial Recommendations, if necessary
11 05/16/2024

1 */:1:1
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
12 05/16/2024

'OTWINING
Schedule of Fees 2024
NOTE Rates ni beaiso.44 rrcary euarrJdy gat m rolled irvcaQdaoaft Prsonriel Rates: Per Nair Unless OBrrwise Rated
Task
r
s I E
c'or
to
1 AnisisrR7CkrwiWrrl
S
I=
RltxipAlEnggnan'Gedog'st
S
2B5.00
IMI?
MetalLegiml Egnear
1 37000
7MM
Re9slred Gededmid Bilirser
S
2&SOD
10010
Technical Advisor
$
245"00
too11
Matww&wrbst.WtwOwDTCaradrrs
$
260"a0
70003
R*wO xdGtdogvKutlfe ErVn ngG"kSrU
S
2MOO
1 t1003
senor ryq�recii3edopg
S
235.00
1No
R4gstwedtarFE Qpw
S
22500
BOORI
RO*gwaeerpedngCmsANl
S
25000
10011
Rvitaft'reerAtwaple
S
220.00
717000
C"4yC,amdMN%3, r
S
220.00
Senn stag tvgrrar.43aua@r
S
2MM
:OM
MU
Stag EagrgwM*Oog%t
S
I05"m
10015
01"Cordrd Ain Wneor
S
195.00
t82r
Mem!napiedTedraeari
S
Iwo
M01
CADDLIpraWMrafsperscn
S
15M
961R3
Admida2be-Rgpwt
5 98.00
70101
Fold siprusor
S
185D0
9heo
sa"S'pu%ilsor
1 185M
ZIN
LabwAxy M7y49K
S
170100
SB000
LaberkryTednidan
S
145M
f0005
Expel WiliriessTekio,"
1 8OOd1O
9t010
QmMadSWPPPDeseloper
S
2055D0
1OM
(Lathed SWPPP Praptifiom
3 195M
3➢D01
VibradmEngorrer
E
225.00
Task
C e
Fc1d Inst crfo ceeannet
Rxt.
i i
GoraelcTr Swillwspe=
S
f 24
10103
PresiressediPostTerworiedhLiPecior
S
134-OD
10105
Canrek ICC Irape w
$
134.0D
10109
Drikaad4n-k twftOeekr
$
134"DO
10111
GaiddSboNrebeirspecicr
S
134.00
10193
Masavy Inspector
S
134-00
IMM
SYuctral-%dAwdig k"eckr
$
134.00
10203
AWS Crtified Wd&l kupKw
S
134A0
ID2177
Frrepvm�% kepeclor
3 134"OD
10501
lead Inspector
S
137.00
101115
Frestop Speval lrripec4or-IFC Renner
$
IMOO
10117
Fxel&*SpmW Inspector-IQP
E
200"00
70109
LA MMCraft kApaor
S
145"00
75001
AspFWt Field ark Plaid ksptdx TechnKm
S
134A0
70103
Pile D6" Impedes
$
134.00
70101
Soils Tetlrdelan
S
13COD
10107
Crxete Oaft Caad[ACM.almas Tedwwm)
S
134"OD
10122
Wood Fromm Impeolar
$
134M
60001
Raft4WAUWD*V lrWidc,
$
14&00
IIMI
Public Warts bspeclor
S
150M
10515
Mediark lksptcw
}
100.00
ID519
Becria Imperdor
1 1&00
ID521
PArrLBg nspedrr
S
100DO
I0513
Brdldeg kspeda
E
1110.00
3DO02
Vibralon Monbrirp Tenincran
S
MUD
50OD3
Feld Engirerig Tedmltdsn
S
134.00
Task
IONI 56pdcril Sheet Fjb rx n kspexa 5 134.011
.MM Balder Plaid CkWdy Comol T4KrAcJ O%peM S 134"00
10375 Glue-Larirsiled Fabricatim kapK# Quolatim
IMM Pre -Cast Uncrela Pipe FaiLriirafim kspeclor $ 13400 Task
cede
Nond rslruclive Tgspnd PersonrMl
ID401
NDE Masonic TvA rq Tedmician
S
140.00
1D403
NDE Magneso Particle TestirgTedrrician
S
140"OD
10405
NDE Dye Pe nekad T" Tedmiciar
b
M-OD
10305
Cambksatian NOE Teel i aMVd4ng kngpi r
5 14000
104M
Ri6cgraFhk: Tewg(Crew Of 2)
b
38000
1002D
NDE&V nw
b
245"OD
Task
_C6dr
CnulinnrnEUudr many vnsra o�erwus iW _
Rat?
933!€
hrknaa
000
98309
Torque wrench. Small
1 200
=12
Torque Wrerxh, Large
1 3000
13 Task
Equipment Us age lDdly llnba Otlerwose Nolva
Code
Continued
Rate
95315
.— .Iplw
S
4500
9=1
Air Miler
S
3500
UdtW&l;KBwJM
S
26DO
95323
Feld Ccraele Scale
S
35 DO
0324
7x2'xTMold
S
2400
95343
MxlearCw"(Per HoO
$

12.00 C6319
saw Cane Drmty rest Egxpm"
S
6700
963:3
Pod Test Eglp enk
S
7000
OM48
CnrrurlMAsp,*ODN CE**msrd
S
moo
05M
5 GOOD
95330
SdvrddLHwou
S

45.DD
95341
VaW Emieion Test lb
1 55 D0
OM
Relative Fim d* Probe
S
&F.DO
95339
U'd(Ulrasmio RiseVmwy) Ms4r
S
40000
QMI
Snpodry AdRslardiesim(Per Test)
S
4000
OM
A Scat Ullrawic Bquipswt And Cam mables
S
0500
1k530J
Mngnecc Pw- d* Egigmerd Ard CA'WR ANM
S
moo
95906
Lmpd Pure Casumalks
S
4500
9530'7
PhaedArm Llbuonfo EgttipmerS(PerHor)
S
IMOD
1i5347
Grc"PtrtwrY'ry fader
b
38000
95345
bnW Edm
3 385M
9M
llhasaYe To ivai,liry
S
50000
R5349
nertial Fldar(Per Fba)
Ouawoo
9M
8"5*ve
S
30000

95.T56
klPared Camera
S
10000
9ecr
QM
Prcj De6oatd Veldde
S

1.80 M
05384
Roller Compacted Cargde Mbrdq HmffeeTw.,pi rig Plate
S

80.00 OW
Ha81:a Pdmeal Eq. pnlera Set
S
moo
953118
Concrete Berbki ResWwkyMeW
S
18000
953W
Feld H'ruiWs(Sted)
$
11000
QWM
CD&rS7hiokriess Dauge
S
fIODD
95M
Curing Box (Not Tempera6m CmtrAed, Orle•TnneFeW
$
75000
PerBox)
95371
Terrpw;cs,* Cantrd LLrin98ox(Per Mier)
S
500.DD
QM72
Tarpeann k414.V Arkg Box(Pr Mxor
3 57000
Task
CQdX _
20100
::XM VX, Piok43v
S
elate

50.03 2DI02
Sbndard" : CoraM C*Nhn[Each)
8 3200
20101
Rardard Swfit. MWUMMA Genes And CORM
S
3200
Fesprodq" Retsar. And EpaxyPrhms(Each)
20103
9wiLre Sample. Mm" Prisms And thdcrehr Pames (Eaor)
S
85 DO
211104
OnardseSxrµc:FkxurmB ,sl Mxhl
20107
Tedxrear For 4ecren Pk*-W Nbt limed Abv
$
14500
(Peril— 2-HarU--)
201CO
Tedritlan ForSpo=" Pick -Up Belpre &M am
$
20000
Of ANt'&OO p m. koriouy 7ru Friday, R All Day sahrday
(Pr Hour. 2+isr Mhtirum Plus M cape)
Task
c r
cbsiu Tr I . s
WN4
lXXraw t
JebsrkE Trailer. Carax. Or Egciprrrn Snerape Box
QroWon
Task
S�x1z•
Concrete Tests Mirld Mmlr Snecinwrisl
2=1
6'x 12' Cylnder Corrprassim c (ASSTM C30)
S
e5.00
20202
CxO'CpduCcffpvLsenStrergdn(ASTMC39)
S
4000
2D2D3
Oensily a SwuDluml LVavN9M Cmorste Eglbbnetn
$
10000
Wen Dry MaCod(A.STbs C567)
?0205
Caa Carprrss'vr Indtdrg Trlrrm"erg (ASUM Ol7)
$
90 DO
202D7
6' x C x 10' Flexing Beams Not E+eae(feg Rdrenced
$
125.DO
Stm [ASTM C78. C293 or CTM 523)
M200
SptdhgTesde:*eron VSTM C490)
S
12500
20211
MD"Ys CF ErmtkityTest(ASTM C409)
b
32500
80003
Reid Cfdatde Permeability Test CyFndus Or Cores
S
5M 00
[A3iM C1202)
WO
Density.A4sarytien, And voids In Hardened Crxaae
S
5M 00
(ASTM C642)
41005
Flenral Toup'rsss VZW C16D9. Fwrrw yASW 010181
S
OW DO
40000
Dab1e Rnoh WuVb Of FbrResdareed ConcrEte
1 60000
40009
Caelfidrt Of Thermal Expansim Of Cmaete
3 MOO
(CRD 39. Ak%ffO T335)
40112
&& Bedrical ReslsWiy(One Age Of Testing, AS1M C1876)
$
MOOD
80013
Flexural Tertde Strergm Of Madllic Fiber ROftced Caxaete S
00000
Bean (EN 14861)
05/16/2024

'*TWINING
Talk
COdf COnorele SulEimen Psrylfai9h Rale
20151 Oai" orBpedr Ml tEa1n) i 5a.9a
201-7 Carinp r1r Li'e[ mina In i..aD (E7C6] S SO-00
2M9 OruAlij Of Cer'vtte Bow two ffr Mm pn (each) ; a0.00 201e0 GMX" Of C*Mttk 60t0 pa! CtfMQT Mir Abovo[EaF1J i 1IQ= Task LaLflmsory Trial$ajQtV C on Cre tr. C eDIrR
3D21S
Camplesfairt T4al 4' x 6' CyanOfry Made And T*rM n
1 541,0)
Laeailory (A-.nA C 10, C364
3B21r
Compmwear. Teel v x tr c ymmYL Made Am lrHim In
3 60.0
La119 MY µSTM c 192, C;%
302M
W a 6' a IV FIMON OUMS Made AMC I'MM oe Lrb"My
S 140.1311
MTU Cl a, C781
39225
5pbaa-q TM" sdenp Cy.1oa4 Lxm AN 711n6m
i 740.00
Laldransy (A:rIM C 10. CA")
3D73S
MOA/'rs cl fm!zlly Ted CTB fF Made AM Te4Wm
5 U12.00
LabYrawy µSTM C 192, C4691
30M
DwAlly Of Stu:W Ugmwefgit Concrete Made In
S Mind
L"WIZI try, EgWllbMn Of OVen My Meftd [ASTM CM7)
32237
But Electrical ReasdVRy(ASTM C1676)
S 175.00
3mol
Laboratory Trial BatM (ASTM C792eLab PmcMlrs Perfom ance) s S50.m
3=3
ConUrle Mllddre Des" For Pre=WKMM EV31UM n And
s 320.00
Saclup Data DevellpmMt
30205
D'"Sf- Lagl Up To 25 D3}%, Ilk" 3'%Y Of 4' k 4'Sark
S 520.M
I' Ve Rraargs Up 7071! Oly Wye µBTU C157]
30230
Awl" A red:ig, per£e'I Or Three Buy
5 MOO.
3=31
^%Wnt OrenM M(90}DWA Per W Of
S WAS
7xree Gals- per u0nift
3UW
SM" TMO VP To 7 tlpWS{A57M"031
i 200.00
30M
aFMV g fABTY C2121
5 IN'M
30M
Car'" Ra4YaFdd Expanijc i µMon CaM)
570000
30211
Va. klueacd Tam Mortar mGreet Spee4nem fp( Caapiesl.VE
S BOOM
Z""Irk Set cr 6 WTM C57s)
20M
Zo'lrir4 Grata weighl Change Ater Fen Sa(A,`TM C 90M
6 600.00
2M65
VkY Dw' I OrpaX Hegel CMVV Al C"Age (A0TM t627)
S 850. DD
3D732
CrackN e4eNs�nce, Bill Cr Three mrlgf, Laddr"Trill
S 6.2a0.OD
S21211%. Teel Ulb Cr4enlg Of Up To 26 Dip (ASTY 1SO1)
3(17a3
E,s(kiwon Of Pttp>C*a PLUE" MortartOSTM C2701
s 1,300.D3
b0*U
Creep(ASTM C512)(OneAge 01 LOWAIlL 12 Mar"
i a,500.02
C.aabm Of Te"v)
e01S6
LAWCZ y Dwevpmw or Otlengs>•A Mmg Cwve WULMN
; 3t00ID
fabbr!MNg Oahad vf, rWa'are (UO To 5 TH51!?Agra.

M^7Y C1 C74}
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Ln"awry orvROPf4Mi Of SO" 2✓•41 Mimi) Cum rYPM
S 5'a0.o7
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A-STU C s04)
Task
EqIZ Wattr for C o rwere
elan
Eralulbon Qi MDIIT,g wm For CMuHe PM The Reqummun
S 1, M00
of AMM Olux The 1 (Pnystyr prophim Of Mmaf), PM
Sample
63245
EVMAUn Of LPxeg Waw For Co MI* PH Tr* Ail"Mmm
i 1,2o0,DD
Of usani. Selam % Per Daenpee
Task
Concrrle- C ho micAl A nalys is. Tran wort P r011er110 s.

C'd
S lv ]in eke fa h o
Rat(•
6a133
A0O 73wwor6 ChW44, Awprs µSTY C1112)
i 12$-iY
vdLgea Sample Prep)
00125
%VXK 5aUtV* CnV M4 AWIF(ASTM C1216)
6 150.00
(Inp'y0e4 sample Prep}
00193
Cnend40frul n coff"'%t Or Cem4nt50us Milaitea By
s 2,600.00
Sus DMIW µSTY C1656)
69159
SICK Reuel' q µW161 C$676) And formallm FJON
S MOO
802114
CNwe1r 8116i q IfoBlMrn
i Mc 00
amm
Amlytex And E+wMrFta[AM C I sm) MPOumg or swlas
$ 6,00000
Lre Of Cw Mle PM Lft-M MOdu, Fee Mllyfk DOW
aDM
"tail And Erpwwafu lNMdresq"DHry Cf SKY"
3 B,D00 OD
L7! Ot CRnwre PM FBl MadeI 4C00e 34, Per AOxtwo De4egn
a02T0
Rori-Steady State Chloride Al gradon CcerniwoL RgrdTnl492 5 625. SO
6fi212
Pattograpvc Mu mnaoon of Maidehed Concrete, Level t
i 1,750.DD
(A$TM Ca56)(Cxclude5 TM $1 ;Mn). PM Sample
60129
DeYeg "t ExamIl Jdfl Of kXden80 Core M. Lev41 n
; 2,25OM
OSTU "M)1n AMj Trrn Sec On. Per Sa,mp:e
80219
PerograpNc RYAMI JMI Of k3ldrnfa CO!nMr. Level 19
S 3,500 W
µSru Caw (TIVA D*" PM 5EMfEDx). per Sample
60222
WALU Dowmina5m IMOmTrcl OVM M I)
; 1,250.011
awA
F]alDncM Of Yo4fnewc P:9pDaw; Or Marditn" CaxrMs
s 500.00
µSTY 4:451r , Per dimple
60226
Aid Von ATalylll Or tludenrd Coeae'i(ASTM e457),
s BOOM
Fw5lmpde
a0232
l RU01 MK(oycopy (ASTM C7723}
s 750 00
aMU
PMMk CarbmaW Ana"s. Par S2mpie
s 250.00
amm
In4e M* FL"-4 f Anayv4 (ALUM C1324)
Quatadm
80240
A1LYF^.leoa- Dam age Rung lndex(DR)). per Sample
s 1,250.0111
14 Task
Cddr
Oygfifi�y3jpn9i Crmenls
Rate_
60]00
C7et+Y0al M.afyfii Of plx7na C4mentpMSyn4ard
;
7_0=
"UJT rrevc (ASTM C1S0)
110103
P7y11GN Te44'1 Of POmi1d Cement Pr[ (tandard
S
750 OD
Re�yeMe4ls IABtM C5511)
e0194
Frioc l Tsang or rot k Cerae %U f ar exwosOm
S
7`s7.00
(ASTM C6o6)
60195
Plryuca Tei7Ag AM ChMID F Alatylla OfPwr&4 CAM rM
s
1,40oon
PM Sb wa Regvm "µSTU CISO)
60A5
P1rtlar M3r}Srl or Cpetec Ppy AW Tajo
QVPtx"
50110
SufatrK RM"t"M IX NfWNBC COM"I{AMN C1D121.

S
3MO.O0
6OMM
50M
711111k AMILU 2Pe Or tlydraift Cemen("TM C 10121•
S
3,)00.00
I fAprKr4
60149
Type IL UAxnt(ASTM C596, M104es SpMil PrOpMesr
S
1,4C^_ 0D
a0151
C41RW Mnclmscopy, Per Sample
$
asull
Task Phys ical TestinD Of Chem ica l Ad mixtures For
60195
DIU MC>Dm OlAdMM M (ASTM C494)
Quotation
Task
}--,+.idI1471
Q)PCS3PIFns Aad Slaa Csmnnt
Rate
a014g
Cmeraml Anal"M of Fly AM Per Standard Regleremerds
; 750.00
(ASTM Ca15)
110143
"Cal Tel" Or Fly Ayh Per Standard ReclOwnenh
5 75DAD
(AM C61 a]
Bola
PadalAna"Is OrSpMMe Pir"Iml Tale
Quotation
6017
Chemical Magus MO PIgWA Testing Of Fly Ash Per
i 1.40000
Saandard Re"livn eale (ASTM C161a)
60250
O,ralnoaaV Of 34ca Feme Per Sianow R6QUMm44
t 1,4D6➢0
µ M 01240]
aO252
Qualdcalm or Bug Cemem per Swlaard Requirements
i 1,4110M
µ m cim)
60254
Effectiveness Of Pcamlarw A. 5" Cement in L1ldgatilg
} 1,4DD.00
Fepanclwl Die To ASR (ASTM C441)
T a%L
nine ii firin And Ten ti ftg Serrlc s
50269
Tr f Cw2a: Plafl M!tn A C"hig PlPu) PerA Um"
i 5,0Cd 03
Tyre 01 p4mme"am 9hn041 D, Wp Or PUcemenh, Ewfl pill
a02SE
Tt41T31 Coned Pun EWIM Coa 19 Plp"L PM A k)rggW
i 4,60B a7
TTi+ Or p4wMMl Or Blmear 0 P' Cg pwvlintk M4 Wit
00366
peelamanc45a140 Ux wr TamPwAurt Dlteetnu
S S, ow
LK-MlOq S A.Utyll 3 ShMI, One CMcwde MYA OeNgn
Tank
A oc k And C o ncrote An drepates-P4lroprafthio
a d au n 4 SRI ciad USAC E S
40262
A=T}ye O#wAptaq Per Ramp*(AWL Con or AM
; 85D 07
Chins}
aD253
RDCI Type 006WIlhm r XRD lnOMng Clay Mayce,
5 1.4511.0
Per sampee
sd256
NaLdal Agglegatea- Peuvgraphk PsmMallan(a ravel And
S 2,760M
N211M Sind COI10511119 Or"re RMi Tyye AST M C295)
Each, Ore Sample
110269
C"hedAggregales- Petrographic Examna9on(Cm iced
; 2,25000
ROCk And Man itacheed Sand CorMtelmg of Single Rout Type ASTM C295), Each, One Sample
8QVD
Coale Aggregae Cedmcallon For Deetenow Maulam Per
i 5,9DOOo
Speollkarms Of USACE, Maaenas COMM Than 0.75-Inch
Each, One Sample, 2001n.
150272
COMM Aggregate CoWleatonFor DeeenwaMAtda%Per
s 5,500n0
SpedRCaams Of USACE, 0.75-Inds And Flner MalerrA Eam,
One Sample, 2510.
80274
Fine Aggregate Certmrcallon For Deetemwx Materials Per
S 2,00D.00
Speemeidons Of USACE, Enh, One Sample
80276
Aggregate, Scratch Hardness (CRD-C 130). Each, One Sample, i ADO 00
25lb.

Task
Cod�oils
A M Aga re Ir Te sts
R1
30503
Alraknm- LA Rader (ASTM C 131)
s
200.00
30505
Abrasion: LA Raider [ASTM C535)
$
Noma
70301
AaMUerg IamWPlasddly rldat (ASTM D4310, CTM 204)
5 15000
70303
Caamna B"Mg RaBo Eadudng Maslmum Den9ty
S
BBO.00
[ASTM D IM) SOB
70304
Ca4ernla dfalrig Rind EepuO n9 sternum DenAiry
S
650.00
µ57M 01653) CemMt•TrN [to $D.1
703"
CCnMbhear40 BNJB.ale a01 Desa]n' M ildn TMeeTMI
;
3,50000
CtTmd Coerenl4 Wan 3nrae UMMIliud Compm we
011VIB 1 SpOCIM ml PH Cen=Mll Ccnbkx
70305
C?,W" Are Wine CWUM(CTM A 17. CTM 422)
T
175_00
30403
ply LWaps AN FAMW PW4"(ASTM C 142)
S
200.00
30321
Cleanness Vaka I- a H (CTM 22r)
S
17500
30322
Crearra5 VWM 1.Y a.767tCTM 227)
T
27SJ30
05/16/2024

�OTWINING
Task
n r
Sol And Ao 4
7M
ORapu dnex (RS�
5 70398
Compressive Strength Of Molded Soi4Cenlent Cyfinders
$
10500
(ASTM D1633)
70309
C indidabcn Tes FullCyde(ASTM 2435, CTM219)
S
195M
70311
Consolidation Test Time Rate Per load Yrrenent
S
4500
(AwSTA1 D24X CTM 219)
70313
Cmosivity Serer Sulfate. Cl. pH, Resistivity (CTM 643,
$
245.00
417, and422)
70315
Cndred!Fradured Particles (ASTM D5B21, CTM 205)
$
175 CO
70317
Direct ShearTest Remolded And(Or Resia ere and Density Rng Sample (ASTM 02M S
3000
70341
Moisture and Density ShelbyTube Sample (ASTM D=7)
$

40.00 70M
Mdstim0ersity Rdatdns OF Soil -Cement N6rkaes
S
27500
Premixed In The Field (ASTM D558)
79M
Moshae-tensity RelaCms OF Soil-Cemerd Mattes
5 3MOO
Mixed In The Lab (ASTM D58)
7D328
pH OF Soils MTM D4972)
$
OD.00
7MM
Orgric Cormit Of Sdts (ASIM D2974, McBwd A Only)
S

85.DO
30401
Organic Impurities (ASTM CV. CTM 213)
S
MCC
70343
Pemieabliity(ALSTMD50B4)
Qeladan
BOM1
Potential Reactwily Gwrocal MMhad (ASTM C280 -
5 750.00
Divadrued Mehod)
70M
Potential Reacivily, Monte am fsparem Mee od,
$

90.00 %Otry 5poare (ASTM C1200)
703D1
Potential Reactivity Mato am Epatson MWwd,
$
075.00
28-3ay Erpoare (ASTM C1250)
7M
Potential Reactivity Ceriose Bar Fiynson MAwd
$
ZWO.00
(ASTk1 C1293} 12 month
70390
Potential Rea*M CerhaA.e Bar F*atslon Method
5 3,1DD.00
(ASTM C1203), 24 mm6t
70M
Pdarrhal Reactivity of Appepale Qntbirotiert NffK%Wtdad 3 1,100.00
Method; 1404 Eupushrii. Minter Ww ASTM C1567)
TWO
Potential Reac4vily Of Agpegate Combination. Fkvt-Standard $

1.15000
Mfh4 28-Day Bpoxae, Mortar (ARrASTM C 1567)
70M
R-Value Scil(A.STM 2844, CTM 301)
5 440-00
70347
R-ValwAggregate Base (ASTM D2841, CTAt 301)
$
4100.00
7D340
Sand C-¢eralerd (ASTM D0410, CTM 217)
S
MOO
7M51
Sieve i4200 Wash Only (ASTM DI M, CTM 202)
s
BOA7g
70353
Sieve With liydrma4r3W Gravel To gay (ASTM D42Z
s
25000
D7WB, CTM 203)
7MM
Sieve With Hydrmrelr Sad To Clay (ASTM D422,
S
240.00
DIM, CTM 203)
7D357
Sieve Analysis Inducing Wash (ASTM C138. CTM 2D2)
$
1 OD-00
7MN
Steve Analysis WthaA Wash (ASTM C 136. CTM 232)
$
120.00
70380
Sieve Analysis Split Skw (ASTM C130. CTM 202)
$
240,00
7Mal
Sieve Malyss WMW wash Widi Cobbles (ASTM C130.
$
235OD
CTM 202)
70363
Soundness Sodium Q Magnesium Sulfate, 5 Cycles
$
4BO-00
(ASTM C88)
703M
Specific Gravity And Absorption Coarse (ASTM C127,
a
100.00
CTM 20B)
7D307
Specific Gravity and Absaplim Fne ASTM C128.
$
IMCO
CTM 207)
7aM
SwpJOSettlernerd Potraal One Dinrsional (ASTM D4540)
$
150.00
70371
Trucial
Qmaabun
70373
Uncafned Canptessim (Au" TM D2160, CTM 221)
s
1 DD.00
30317
Unit Weight Per Cubic Foot (ASTM C29. CTM 212)
S
125-00
30319
Voids In Aggregate Willi 1(novm Spea6c Gravity (ASTM C29, S
125.00
CTM 212)
30411
UghbreigM Parades Coarse. with Two Sokntlas(ASTM C123)
$
50040
30412
Lightvdgtt Patoles Film wilh One Solution (ASTM CI23)
$
250-00
Task
h I n T !s
1 W dA M4onrq And e(urxiar
75032
HMA Modrg And PregsrAlon With Aggregate Tandnent
$
IOD.00
75033
Bulk SpectSe Gravity Of Cmpadied Sangre Or Cae SSD
$
0D.OD
(ASTM D272B, CTM 309C)
75038
Bulk Specific Crm* Of Car}vcvd Sample Q Care Paraffin
$

85.00 Coaled (ASTM D 1188 and CTM'.0..".:
15 Task
r-
Asoh_]Ef_C4acr�lr Trlis, Cnnt�nued
R t•
due, Yam ff I
1 F
75M4
Extraction % lSwnen (ASTM D&W. CTM 3B2)
$
170,00
75W
Extra sm % &'nonen And Gradation (ASTM DMM, D6)07,
S
230.00
CTM 202. 3821
75MO
Extraction %Bitumen, Carectim Factor XTM DdM7.
$
37500
CTM 392)
75WO
Chemical Extraction% 9itrnen And S"aAnalysis
$
NUB
(ASTM D2172 Medod A or B. ASTM D5444)
75042
Lab Tested Madmen Dersiy Weenl 3 BrkWttes
$
230.00
(ASTM D1561. D1188, CTM 304, 306)
75M7
Weem Stabikmeter Test Premixed. 3 Briquettes
$
23(L00
(ASTM D15M, D1501, CTM 3M, 366)
75048
Lab Tested Ma>arrxm Density Marshall. 3 Bdqueees
$
225,00
(ASTM DOQ26. D2726)
7W40
Lab Tested Maroon Density Marshall 6-Slawmen,
;
230W
3 Briupuetes (ASTM D55B7, D2723)
7MM
tab Tested Moar n mil Density Superpave Grntwy Compacted $

85.00 Ekigj te, SSD,1 &klrehe (ASTM 06925, D2726)
75052
Lab TesadMwdmunDensity ScgerpxveGyraloryCompacted
S

05.0D
Utiquede. Paalin, 1 Briquette (ASTM D1188, DBQ25)
75051
Madmen Theoretical Specific Gravity [RICE] OASTM D2041, $
170.00

CTM MO)
75M
Marska StabBy And Flow. Cored Sample, Each
S
B5.00
ASIM D89TA)
75M
Marslull Stability Arid Pl . Pnernured 3 Briquettes
S
245.00
(ASTM Dam DOW)
75100
Maslsll Stan tyAnd Flow, Gyneory Compacted Specimen,
$
245.00
Fhe-AYtmd 3 Brigtsrtes (ASTM D%91, Deg25)
75107
Mars;Ml Slat ty And Flow T Specimen, Premixed,
$
245-00
3 Briqu.4tes (ASTM D5581)
75063
Mustre Camt (CTM 370)
$
moo
75OD5
Wet Track Abrasion Test (ASTM D3910)
S
17500
75093
Fkveern Mar Design (Excluding Aggregate QhaftyTsts)
S
5,570.00
75006
Hvee n Mot Design. Wide RAP (Exdur inD Aggregate Ouality S

6.05D.00
Tests. RAP Qd"ifiration)
75WO
tk ee n Ma Design With Line (Excluding Aggregate Cssfity ]
9,545.00
Tests)
75004
Hvern Wx Design Caftan Untreated Mix (holudng
1 0.640.00
Aggregate OualityTtsts)
7M
Hweern Mix Design Car" Ume Treated Mix (I n ludig
I
7,715.00
Aggregate QslityTe5h)
75M4
Marshall Ma Design (Excluding Aggeghe Quality Taft)
S
5,57000
7MU
Marshall Ma Design With RAP (Excluding Aggregate Qsbty
$

6.05000
Tests)
75090
Marsldl Mx Design With Line (Exdudrg Aggregate Ottaldy
S

0.640.00
Tests)
75083
Open Grade Asplult Cahade Mix Desgrt (ASTM D7064,
S
3Z1500
CTM 36B)
75109
Enyupave Mix Design (Excluding Aggregate QufrtyTesb)
S
11,365.00
75113
Superpave Alec Design, Wilk RAP (Ex*dmg Aggregate
S

11.99500
Qsfdy Tests)
75114
Slpospave Ma Design Wdh Rubber(Exdudng Aggregate
s

11.99500
arflyT-)
76115
&perpave Mx Design N6ih AddEy (Exdud ng Agy-egxe
S
IZ32D.00
Ou" Tests)
7W75
Wer3Of AWUL" On Anatol[ Panrg Midues, Pre-Aixed
$
I.W090
(ASTM D4807. AASHTO T283)
75111
Harr" Wheel Trade Teb, 20,000 Passes, 4 Brquettes
$
1,180.00
(AASATOT324)
75MG
Raveling Test Of Cdd Mxed Ermisded AVUt (ASTM D7190)
$
215.00
75007
Marshall Stability. Wet Set 3 Replicates (AASHTO T245)
$
375-00
750BB
Marshall Stably, Dry Set. 3 ReplicatesWSHTO T245)
5 32D.00
7507D
Cold Recycled AsOM Mx Design 2 Gratings Ea*
$
11=00
3 Brtlsion Corona (Cattrans LP-8)
Task
S4d4�tRu&�d_'�Sucs_s-Ftsr4flraohis
Examinauon
Bale
Per Sample
802BB
Succo. Tow Cnat (ASTM C8W), Includes Thn Section),
i
2,50D.00
Per Sample
6=
Strom. Three -Coat (ASTM C 856), Yxitdes Thin Section), S

3.OMOO
Pr Sample
SM94
Marla IMa C1324. Petregapthie E Ina6m Arid Chemical
;
3,?50.00
Maiysisl Per Sam*
Task
:
k Ma T
lta:e
i
us
S
11 (fit
20303
Canpressim Stan
s

75.00 20305
Absorption 5 Han or 24 Harr
S
80-OD
20307
Ahncrption (Boil)1. 2 Or 5 Hours
$
110.00
20309
Initial Rafe OfAbsap9m
$
7000
211311
E6loresoenhee
$
85M
20313
Cares Ctmpessim
$
90-00
20315
Shaw Test Qn Brio Cores 2 Faces
$
110.00
05/16/2024

Hof
'TWINING
Talk
20324
Comprnalm
i
95m
20323
ApsgpllK104aa4re Cofttral7Ven Dry Denllty
i
9sm
20327
MtA Lklew ege (MTM C426)
;
275D0
29335
We Ana fate.^.hel, Meal O -t.
i

55.00 20329
Tendon Teal
S
1751DO
2a331
Cam Cart —icn
S
9000
20313
BMW Teat Of Moaanores y C2 F■ces
S
110m
20319
Smoresfanm Teats
;
SSDO
Task
Cado
Mae 7n rums A9 TM C131L
20341
COmpfeiskn Tech, Compoalle Masonry fMW+n tip To r a t r ;
2DSM
20743
COmprefalon Tat Composite Masonry 1241— . Ir air
i
275m
20346
Prism Cad Moduka of Epsatly
i
650D0
211347
Prtsrll Cad Lloduko 01 E100M WM T4ansvase Stram
a
710m
tFW DOrGIe-W yne SpMmerl)
Task
And Grout
Rate
20351
Oompfaakn r f4 Matr MAWgien SASTM (3790Y
;
60M
203s3
COmprnalm r a r ■ r Grow Prit . IndWef Tllmmmg
i
45m
IAOTM C1019)
2035E
COmpras■Ion r CLdm IABTM Clog)
i
60D0
20 rasa357 DOMPkn Cans PM%des TTkrnkV fASTM C126
i
SILM
Task
Cede
}!]&+)Ari Sw9 m&n Nio;19_I1Qn_
RSt6
20155
Cumv Or Csdoes Or Pfrsrm
i
90M
Taek
cede
Flrecntonna son!■
Ral4
20491
wen Dry genslytl18TM MOM
Tank
20361
Case Carnllressim aldudfq Tilmmatg fAarM C427
i
90ID
20365
ComprfJsion C4aas (■kit idn 011ie User))
;
105m
Task
Concr6le Roof FUL GMurq Vetivocul a, PN1pa,
Wt Cdntr 9 C
Nia
20171
Compresakn Test(AAT1A C495 and C4731
i
75-M
20373
Air Cry Density(ASTIM 0472)
i
GEM
20172
Wen Dry Gamily fAOtM C495)
6 S0m
Teak
C
IfKL$101. At IM RSI
R3tr
211501
Twalle Tait 011 Or emalr
F
TLM
20SO3
ier•C Ten rite Or ir.-bcer
6 7CID
20SO4
hod Testal4 Dri18
y
400m
20505
Trnite Teda/4
;
30Dm
20507
Ten111e Tedal6
;
3mm
Teak
Cod9
RSINOWrin ilael- ViNded Oi Coupled 5ooclm9D9
fis19
20521
TerWle Tea Wemewcagled It I M08m■ftf
i
aim
20523
Tensile Ted Webedr0aupled 014
;
290ID
2052E
Tensile Ted WeldedtGatpled It 6
i
410D0
20529
Wald 6ef0oeth
i
95m
29531
rellppagelred-Calsmrs tCTM F7M
i
270D0
2O532
TMIJle Ted Welded HOW ail And Smaler
i
17T1m
Tack
r•nd4
M4?sl are SfQyt$Ce
RAM
2=1
_
Tensile eatllpm lb To.TaS100K Panels Raw)
{
S5m
20603
Tensile Gaengm W To 2DOK Panty IEMM)
y
95m
2060E
Tensile eevram Lip TO 301K Pomm lleaml
F
120i0
204507
Tenst, 3reh2a Up To 4OCK P.CC. IEa:1i
y
175m
2o60S
Tensile S&WOM 4aK To SOCK PO1rdr JEadd
i
40OID
=611
Tenate 84renalh Oteu-8p■In P—mt Cftfet
t
�
2OS4s
Weld Madpete
F
9sm
20547
Weid Frachma
;
SOM
20615
Send Ted
1 60D0
2GG17
FI■tlrWlaTed
f
earn
Teak
20619
Harmer Teft lASTM El 0)
;
asm
20630
SdtArlal Twill. Teat(Up To 7J8• Damew)
;
7n00
20631
ecit WedpeTensle Ted (Up Ta 7W Dlamel.0
y
ti5.0C
2632
BdtAnal TenldeTNt(Orealy Thin 7111' Up To 1'aametep
i
x0633
EctlWeegerenfleTedlCaederTran7,WLpTot•Danelr)
i
tlSnap
nag
20634
WAAalal T—fie Teft(G=Than l• Blame"
;
130.00
20635
Scit Wedge Tensle Test{arateer Thin t' Diameter)
;
14000
2063E
S W Prfuf tuff Try' up
S5.DO
2637
San Prod Luna Ted tGree er TAat lie• Up To 1- Darnatito i
11500
206M
Son Prod toad Tea(0reaer Then t')
;
135D0
20639
Nat Proof Load Test (Up To 7A1'7
;
TROD
20640
Nul Root load Ted (Greater Than Wr Up TO t' Dlam eyr?
;
9500
29641
Nut Proof Load Teatf3RaarThal r)
;
IGLOO
Teak
ORC+I.I.N
lTaaUnOOfMoLfl4ndOts<M
li.1i
tr$i76
:iee� irftemrcat Alw ylrs
ouatMoei
OG173
A tyo Of QMvW nd Casey; AOTIJ A101
i
9ace
50176
Epory Caeare Tilica aN
;
1000O
60177
Coning TNcYxas
i

95.D0
Tank
MadlNGnp pnO Plaparelfm Of Tentille And Band
r:
50'[s036' CerOCn fi m
We
20751
IacNntd Intl Prepemtlon From kWck4JV, Ete. ('er Har)
i
145.00
20753
SaveldTO Chwil WIM lPn QV ThkMen Or Flamm
TmKen0
2075E
MKWR To 71M Cudpfaow MR" Spedmens
;
Koo
211757
Medlin TO Ted Cmlloratlmn llromd 8puJuiens 4Per O.r
i
i7000
Thclt s. u Fraditm Tnneo4
2075s
Preptl Owl= Dieerme" iP1er O.i 17101, ; Or Froom..

Thereon
i
l iLOO
Took
_COOe
CrWDV 0110ad
Rate
2001
Chanty Praed AmblentTemprstree
i
1DE-00
30623
Chary/ WWd Reaute6Tampelvaae
i
14000
Tuk
r
i
20780
CuMM AndMU1q SPer D.r Or Fra®on Tnerm"
30713
Flea Uwhefaq To S■mpla CwNWOm
i
IILOB
Tank
Coda
PreaLrfa I ng VY rfaq a D ja ndopi, I & OTm aiM
RSNi
207111
811eas-Strain Mdyek WIre Or Winds (Includhip CMtMd
i
25500
ParOent Oftsetl
20703
Temne Ted Ony
It
t90oo
20705
Tentlonf
Quotation
TMk
297M Tensile BbCFMM- Get of 989edmenflmaWDlfeclion ; 1A7nD0 4A(TM 03039)
20707 Tensile elwaff,-ACAInna SWIMeru(ASTM D30391 i 27CLOO (AMM D3039)
2070 Heolnp DltaeavTime -Per 24 Hr. Period 1 10000
Task
GODS 1'allaf.b(tri Aarvlua And Ilnlsaf eat Mnrhlnf IPow, R114 2Da0t 4:a:11W.e Vame4W 00Nlcu Guo=m
211503 Umfafa Ted MKIlfte Usage (Per Hole) i 47SOa
S LMLf1d1Y Tae!] me
- CTIk And Fatlprre Te Pr.- - On Special ProdVda?ans
- EngfDeedng And Tedmltal SrppadsJUELIgn OrProbppes AM Gpecal Tail O d6Up • FadenrNaupin8 Fitt TeAna Prdpam Per New P guakirs: Twilm, TensindSed, Shear, Dolde Shear, S Compremmtlf
- FDefolaMrC0111PMM 114111br1aN FIe6 Tway Program (ASTM D1143 D1242, D25S4. 0465, 04471. 04923, D790i, 07921, and D7321
• Feld Tasting Of 811[4oes And 8pllc iM E Wren
• erPace a erTeshlnp
• Me0yahs And'Or Pmd6t7 EVMWH n Per 1ipeOKcelana
- Gtrumaef Dinamlc Ted■q And DLMIRV Ane"Is
General Conditions
NOTE: Held Inspersan fors cae LOWS re efmalalled by cmtractalm OparNila Pnghers, Local 12 NOTE A rrWRIMe 01D1 P"I naace li reaand for teidl and MspecOwl frvloef.

NOTE FOrprclem apkdin a Prated L.aar Apreemerl PM.N§e Rmss and ctindtlru dare PLAare mote rmdrkWe arm lltase listed 9eloe. PlA terms and cabSms wit apply.

NOTE Ftnhes all be adlreted ■mealY each July 11110 felled hlMnCd MIS Adminfetrative fees
All admlnls'mm fee■, eacepl N need trctw. Incising raped dapNudal and TWIbb ConstrucUm Hive systiom are piled A We Ukmhg prcenOae of ate mdr/V9 mYokx laml: 4%
16 05/16/2024

'OTWININC
General Conditions, Continued
We ILA rura dry W Of reptrx'Al1I Le C#rt Only to grnarirtg P %=ffr,"n w4W rem Al Ww paned -Al; reteive rq wG 94nbclri�t- The aMinisbabve fee above VAI receive rEr*-&HEd1pNWly, Tile al nLwimve tee above w1I tie"ial ny i% Y va pars Nva over. or tepom are. queslea - NM or Plied cpcanc MfM or rewmec xnl be Clleu Minty at W*Mrnrlsh]306* SL;pbn aaee-
Mir6mign Charges finspectrvn and Technician Persan wl Only - Other PcYsonne, Chxpedon Portal to Portal Basis) 2+aMr sanM%m t Veelbr awry" atfabritk no wort to pular n 4-HDrmrfffY.M 1 JD41lQUMOtr *cWn
&HOtrstlnersrw OW4 m 8 Moue or sx vacin
Regular Tr me fPJI Types or inspectirsl and also AJI Hon -Exempt Eniploye(s) M*rril SrdFswmtF 2 M=lay alrauoFreay aeween 5,00 ar1L Xc 5:Mp rr_ aweol asi'dei ctt*ry se txlcw.

Tittle and One-W [Alt Types of Inspzction and also WI Nom-�orrsol f_nVoveesI AI rATU wil t7e wed bxAd oo ve Umeaw axL, or mvt slat My blcremett W a bom wougn 12 rKVa4 ornsro lda4ay mrough Friezj ar-A me rm ii strap W SArday Tlrne and onerialt uAl also- bedwgW for the VIA four hours beacre SD0 am. aid alter a: W p m Dwbte Time (Ail Types of InsnecUon and also Ali Nan-Emlmt Etnpiayeesl Al iAMs will be WIM bored cn m Ilm3 arc w* of filer stet. Alter rill; Jrlt 12 tica WDrW Y MMUgn SMNEUfy, 7l MYZUdW. W.d U Wys Men Te MU w to" rrAw borcreSao am and a7wS:m p-m- tttwralt are MW YMM Day, PmElWft Day. irg7MU Dare, IndEpum-ire Cal. LabQ oaf. vcserals'>-y. Tnaraegm:r%Te"alien TnankilglvIV.

C{riioas pa}- and Local 12 genera rnei&1g a* (rill S&ntq n Unri, FInSt S• =y n DecoMbef) if ary er she rnlaats itiwn tat m !�ilrtliy, To 1Jer37y WroAing anal ee Wr4W e4 Ile holMy.

Meal Period
When pflsorrnel art r"Urea 4 tner cliff to wort rime [run are con4eJl" manila •+ltrw.2 tree-Mf rrmr Vrtnknlptrdmaa pMod met-atr norr at Dw3 le t ne rite *III ped VW In atrutmt io any appicaL7e d wow for aril noun welted
SfvR Del iair-opal ftplies to Regularly Sc-heduled Swifts {nary) A 51.M per wur s,%n d7tweraal premw wir be ShWW Tor as lrsp*lcn hors vial r31 cuwde Of Itie SOP a m to s:gap A,, trio period Twrtrq wit mqure 4-rlar notice aClrg GYMV* G f*f;f,Coriaclors appmWW 6hn aatttiVW to oegM%arrrm"Val Mw. rails fair7g ulaldeMsperloa wft4lls mdlae rot be provldrd. a: wcrtpermrnxrtl on Crat sam wta be Lirm at aneappicaue ot'wme or ocouce one rale
! Wn Gouts per day are tegtrred. Ile prat stilt win be blied all Vie sWr4xa rate- Try seaaas fwkM "I beUM in ao Vmice inim rile pms;Iia MV2prL Tr.- wra slMfl Ulan be Mled at a rlatts farVee II[St61r2 hous rated arrt appicptaee wertne or Ia0le*ne far at haws ftmalher.

Travel Time and Miteape
Far Fray M ovkldeawfite raduE from the nermi Twining malty, per lx^.e65 rNk to ardrrorn the pigl'd w7l becnrgea rot lrwpeW= ar4 teotMartt Otter tun wla[W*4i . rrleniti.WPrt" Feaed equPrrer[ a reWMd to begrWed w are from Iie;r03att ste, tine ad mleage ror lm"clori and re)d lemrlc'anawAII be bitty on a Portal to PCIU t)avt Fwar prp{as, wrred drS misage rl2 per mre ale appictrf.e IM'o tme wlt ail onargea ports Ar ponat rot eNltre n, eon rurmlf, supeavlsxs and 0tora0y:eClaN0a% frarri trio Iaoxafnrylome prc}etY � gild ream
Fcr wxY Icrarl ens tocdled 13q r5li{g a [acre from TiY'I»g, traver Ort All be La'.3rged 31 tne:oeiant rare rcr IfW.Icta and teltntlar-4 InadSen io zal wzVnce alo- won ascl?tiea beW&
v4eekefW SmrwFe Pick -laps
of ordato be in solCdeo ra r7nae W07'a" ata1d7 dr., n may be recured teal W-MMr4 pdc-up SOe 04umea leg. Wraele&PmIlmrm earl cn May mW be prc►WWan wx*era In omen lobe n carro.R:uxe wen AS-N Cal "rag rpeorrr_alE n be rr "to fty nn3l otrn looaocn, Pr .-A 4E morns dcnlrS3 ApThraele dwgei ear wemw wart win aXily ow d i Is leilUred Stwo triers mrgev rAt be m-wze4 Twt7rlgyNl rot Fie ItaLle nor arty roptl4a CC"JeOM Reimbursable Expenses
Parlingaft fare. car wtal, food waging gild prgn-t rpmffc &ortraWMgtaC(ns fe g Pl2rCa d proton. etc) mI be cwged ar oW pi[ s W%per rfooeaaeair w'.. tY'4S prwwd by alert
Proieu Specific Uocurnents
Cosh rmwrteo *tyre irlal ocent War[ pro410e prof rots sp"a Warneds liana, ipe{1nP bY*, "fnllLWs. MI . ftj for NI!%peclm pem rne: snood ploled gtoifl oodaner+a te- prdNdtCllKWrilicallytrmgn r1of Ire' serv)oe. trle of em wnl be responaele for pwang axles and patlrg ar:ylee$ rw tlX 5&,olce- Prolect Site Facilities
Prlc squcled asatwlx flat M4 aslrg aaWes fir legLwveli Rsx,=Vy wM rmwarn leil staram aw project requimremc are pr%nxit tly eThm to MDW, PqC*S gtt7Etd astrnenx Aork1x" w aA fd Yei):v.w star are pra:deo try Wws- AW15onal obp`a M. -d t7"afrxt wtl applyr♦'t uid TWring be figuring to prcy[dewu ftlarci]UK, Subsistence
B Ai+SWrAe on renrora Jobs wl l ba crurged per quota"
Laboratory Testing hours and Exnrdded Testirp
ptease nole Tat txcra ffy tai:ng yell be btled ore anrozy La31s tar r-m4twMW WA. retesting �6 sequ red 10 be pentcrma3on Sallu-srls, Slraats, horaays• or before $.W err. or aw 4 ilq p.m. on we9t *. an 3W110-1b MMY caarge, at ale ap c3we legtllar. 9yerane or otsrble byre rile. wit a mirlrnir- dim° nbur w If be arlpi roil Ile Abtraicry I nw3i. For InFri tEsnr.-g a 5D i1JGUW In aWton Ie the regdar W rae mil appiy- C hxrnes for Sr6aorltracttd S"ces
AurasxWnllaots9deWwaWylbrt": Costpm2D%
mate" sent to outride tatxirabr or maaire snap: Carol pk s 211% Glu-Lam bears Impecepr Cwl pile 2q%
paler vAoM uabtow Cost plus 211%
project a z%ske egulpmentpw lose: Cast plus 2q%
Limit of Liability
CNBe agrees to ttmt Tw, rtop aggregate iabllh A all erYbes fcf ar.MW or a*al emors and omMlom Iri die performance d Its prcvemlcnat mvry :n ulL.t Isis agreemem to S3p.t7m.00 mIleIMa=llypaidtoTwunlg,vMt tevkiawAIsgreater. KgnerImrsnWbeays-aoebygboU&---L Additional Insurance Coverape
ArlyrKurdnerrta for ad MWaTlnc VXU pOWES or aa'erage Beyond Ccr WM3I padeMrNta to-g. SML W&Vage3 may bepronded at MaffirtDr6H tee and wll be gr[todon aper ptgectreWfernerts bads.
17 05/16/2024

"`TWINING
General Conditions, Continued
Final Reports Reduired by JurisdiOSOn
it a his mportcc alnodfVE ""red, q8 Mart Imi :e4Ie& a iltpecmt, m0Iming repom aid pear up arry anrmovFri 1imftan nEae rs,am- 11.KE Imi, 5 will t Pli ally requre ap;rmA by Ilse engineer or aran"orl en". Tra p*MU cal rue EFVY.aI xeess it pit adry,3gerunrq on the!umber and oompralry of trr_ Eauc�. Coil mr tlral repaid win ❑e roiled noury. 7rrrrls of Payment
FeE6 dlxQed am f;Y prakssnral aid le:9ri•:a7 IervIm al are 311E LpOi pre"r.won it rol pad wlmin 10 Cayt mtrn Cate a LImee, rnty are -{fill Elmo past Ale arm me mas',.T un :eqW IVIMCe [ruYge WD bs.% a70i4 to the LLnpad haarae.

In • =lro7, Shol of MeoitrI regvlre ma in" rM*S De itrbhl[Ned lrroagt] a %*tl bmfoat elltL' t sytterh, tie cllelil wil 7e rifp -.iVh* rerall roNs amrixoo aIn tlY. uve a the Sysle+ A 3% fee *M be zpg'. to rat payments 7fw-cc.w Cy credo oar0.

All IM001? emars Or lteCeESary Wr*C"ls mall dl b"ht 17 tree at1mi of of Tw�ning Wh71n c5 aa¢s MreMot M mkVi . Shef .era CLstdnel a vveredgm InVi39ee are Calreci aid raid. Tooling relerves lfle Ught W letmIuM Itsservteet laa matdlllef Illltlmlt malice ran imdlcm ate rmeelarremd_ virm amnlermbtaton of ter ,Dis. bte ert a amounit accrued for as serfcespeeormedauae MM1,11"y beaalne drte and papble, CumBmet ma'6ee arty aid in ctarns apmrsl Twlnng. Ill; sauldrar m 2m Imbes, smarts, atA a-+frtx Mf oertomaycn aT wort on ace"t of blew terms,
In the v"l cc any 110plon outing PW or rdw" m dryagve rwn:tn pm'de crsrae= tr'hetrm "nal to wroe't.Ira prevatnag parry>arx. re elated to tmim rrom life norl.prvxing pang x., rfraaanaale costa Mulled, Ircudnor doff Ine, c aum cosu, abarreyls sera ard at rthet rVa rg exMriRi in lowhrEtgar n. AmMortaly. Ii tie viva o!arm,- udcallee tallier. ell at wgatluorr bl?hVee l IN pareea Of a teaourtdr,0 arpule ny arotrabon, that came p-eess Gall dettlmlre lfle ptve7armg Party.

Hatd Sdmotens
NI'held'spedm@rr are tr ifgM at IPe a;411 a9le lest rate rrr*nerttetee a nit.

Srse6met, Sampling and Disposal
TR-6trlg Aamples'n" Csed in twmnnatnn ti atmar ice O.''ih 5uroam pracUM, Temcm. cop1m. and Memo prged regsdfeMeM Rep,eioola'J Poe" 0* famp liq aid SaT! AcCdraGyl CC leatirg are sub)Idt $+Ihe salme p;aZ=IlSile and ptBclfla7 llnllUGait as gnem ng stardardl, codes W4 P1146dl ufU/Nral pfpvlslCMK 5hRMtamplea De provldc4 oy V-M-s'Wnry tarsi A2n2rlt Or ylr 3ree INC rnar$rlar Y ripriaertsCir of rlrAHW tear Is or will beUW si a*ai CDM%acconarihe pro,'ect Spec"erls will be mscapded a1Wbm tmg ulaess TAraing has been mdraed proorto testlag tat the com mer nitahefl to mirleve the specimens or Mocaage aaangemenls afe made. costs for storage *to to oy que aes�n.

Oversize Specimens
An extra charge will. tiemadLb wnel tilts;@tlmeis requrre mcm bun GeeaemDn to Airgre betaFee atr;2e or ere'gM.

Elevated Work PWorms
In ltle e+ant an dera'xd ■OM p'37crm I& ragslrod ta rafefy c¢rpele ow Rom, the tAlttt roust trve Ite sate wom for Tmiing f!ersen rel rot it MgLgmd IrtwarA, te=pig, aampl ltq, SIC. tldk4lt'g a lrmrteo'rd cemrmed operaCCor qummld Pmp"Ine"apprt: Ab TL,llrg pr1f h(f, W_ resmntmie for rig ling W VYens asse-aVedW6n arOYJCFng M" ame"eti. ShoctO irrlfun Pe reyulrm to (up-p j an etvarm ryas p:l ldCm, We *111 amtraw rim a gaMflEd vender and the nalups thctwn aaoue will apply. 18 05/1612024

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND GEOCON WEST, INC.

ON -CALL GEOTECHNICAL & MATERIAL TESTING SERVICES
THIS AGREEMENT is made and effective as of July 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Geocon West, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 9, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

At the beginning of each fiscal year, the Consultant may request an adjustment to the payment rates and schedule of payment in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any adjustment of Payment Rates and Schedule must be agreed upon by the City and Consultant and incorporated by an Amendment to the Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00).
b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager .

Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
05/16/2024

C. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

6. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations.

Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca,gov . Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subconsultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca._qov/Public-Works/PublicVVorks.htm]

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, 05/16/2024

provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

10. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any 05/16/2024

and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency.

11. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Consultant, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every Consultant will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

By executing this Agreement, Vendor is submitting the certification required above.

The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
4) Professional Liability (Errors and Omissions): One million dollars ($1,000,000) per occurrence and in aggregate. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 05/16/2024

b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Vendor.

General liability coverage can be provided in the form of an endorsement to the Consultant Insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Consultant may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Consultant's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Consultant, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must be placed with insurers with a current A.M. Best rating of A-:VII or 05/16/2024

better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.
e. Verification of Covera e. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the 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.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

14. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project 05/16/2024

or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Geocon West, Inc.

Attn: Lisa Battiato
41571 Corning Place, Suite 101
Murrieta, CA 922562

16. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

17. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 05/16/2024

18. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

19. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

21. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 05/16/2024

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

James Stewart, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Peter M. Thorson, City Attorney CONSULTANT
Geocon West, Inc.

Attn: Lisa Battiato
41571 Corning Place, Suite 101-104
Murrieta, CA 92562
951 304-2300
[email protected]
05/16/2024

EXHIBIT ►4
Tasks to be Performed
The specific elements (scope of work) includes on -call geotechnical and materials testing services for Public Works projects. The general scope of service for each project will vary. Typical services that may be required on Public Works projects could include, but may not be limited to, some or all of the following services:
• Subsurface Exploration, including but not limited to the following:
o In -Place Moisture and Density Tests
o Laboratory Maximum Density and Optimum Moisture Tests o Sieve Analysis
o R-Value
o Direct Shear Tests
o Consolidation of Collapse Tests
o PH, Resistivity, Soluble Sulfate, and Chloride Tests
■ Logs of the Exploratory Borings summarizing the subsurface conditions encountered, Results of Laboratory Testing, and a Plan indicating the Location of the Explorations
• Seismicity
■ Geotechnical Evaluation and Recommendations, including but not limited to the following:
o Grading
o Earthwork
o Settlement Considerations
o Surface and Subsurface Drainage
o Foundation, Column, and Slab Recommendations
o Slope Stability
o Soil Sulfate Content Implications
o Utility Trench Backfill
o Retaining Walls and recommended Lateral Earth Pressures used for Design
o Pavement Design
o Grading and Foundation Plan Review
o Construction Monitoring
o Pile Driving, if necessary
o Lateral Earth Pressures
• Discussion of the Existing Pavement or Site Conditions • Recommendations of Removal of Unsuitable Material
■ Soil Ferrous Corrosivity and Portland Cement Attack Potential • Environmental Concerns / Hazards
10 05/16/2024

• Preparation of Phase I Environmental Reports of properties • Review of available Geologic Maps and Reports for the Region ■ Discussion of the Material Encountered in the Borings and Measured Engineering Properties
• Preparation of Field and Final Compaction Reports, as required. A Summary of Findings and Recommendations in the Report
• Review of Project Plans and Specifications with emphases on Geotechnical and Laboratory Materials Testing Services, and attend Progress Meetings, as required
• Observation and Field Testing Services during all phases of Site Grading, including but not limited to Removal of Unsuitable Soils, Approval of Areas to receive Fill ad Mass Fill Placement
• Field Observation and Testing during Trench Backfilling Operations • Field Density Testing during Subgrade and Base Compaction • Field Sampling and Testing of Base and Asphalt Concrete • All necessary Laboratory Tests to support Fielded Services, and to satisfy Caltrans and other regulatory agency requirements
• Batch Plant Inspections
• Structure Backfill Observation and Testing
• Concrete Sampling and Testing
• Special Inspections
■ Consulting Services requiring Corrective and/or Remedial Recommendations, if necessary
11 05/16/2024

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $1,000,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
12 05/16/2024

GEOVON
W E S T, I Ly GEOTECHNICAL L 0 ENVIRONMENTAL 11 MATERIALSI 2024 SCHEDULE OF FEES- RV24
-----------------
ProfessionalServices
�_�_____�— _---�.•.• ...,
Word Processor/Non-Technical Assistant/Draftsman/Dispatcher.................,.._.:_._.._:_»:»::.r._....... ..-... —�-- ,_,,�„,_�
— ....... .................. :... 595/hr
Engineering Assistant/Lab Technician. .... ...._---..-..._......................................... _..__--_...:»»:.............. ............. :.......... -»_ S95/hr
Engineering Field Technician (Earthwork/Compaction Testing/Backfill).._•,,,-.-__-:------- -_-_�•,„,::..................... :.............. :............ .. ... •S851hr
Special Inspector (Concrete, Reber, Masonry, Welding, etc_j__...........:.:.......... -.......... .-...---_.... ._._-......... .._.......... .-......_............ .......... -- 1590/hr
Engineering Inspector (Bottom Approval / Shoring / Foundations/ Piles) ....... _.._....... .. •5110/hr
LA City Deputy Grading Inspector (Bottom Approval /.Shoring J Foundations / Piles) ........ ........ .............._.-___ .......... ............. _............ •5125/hr
StaffEngineer/Geologist. ----,..._......... _.... _............. ............. ---•-........ ...... ............ ................. ....... ........-............ ....... •S125/hr
SeniorStaff Engineer/Geologist,-........... ............. _ -....._....... - ........ _.--.......... --_...... ...w-_.....-.-......-_..-.......... -............. _ » _. •$135/hr
ProjectEngineer/Geologist..-........ ti-.:___...-_.-........... .-_.-_._..,......_................... _»._.-_._._................--....--......... -............. _. _ •$145/hr
Senior Project Engineer/Geologist_.................. -............ -__.---------- __....... ....................... --» - .__... - -... - ... -------•--.......... •S155/hr Senior Engineer/Geologist.............. ....-.... ..... __.....------ ------ _-................ _.... ,........ » ,.»...-_'$175/hr
Associate Engineer/Geologist......................................... ,. _ •S200/hr
Principal Engineer/Geologist/Litigation Support .. ........ ...................._.._._...._-_.»...,....._..�....»........_...,............ ..
...... .__-..5400/hr
.»»:.

Attorney Fees (General)_.. .............. ..__............................ 5500/hr
Deposition or Court Appearance ...... ........................ -......... -............ ____ ......... _....-._..................... ....... .............. .......... -......... S 550/h r Overtime/Saturday Rate/Night Rate (7pm- 6am w/ 8-Hour minimum per call out) ......................... ..... ............... .. 15 X Regular Hourly Rate
Sunday and Holiday Rate .............. ..... _............... __.,.».»....... ._-._._._:-.................. :.-_........... .._ 2 X Regular Hourly Rate
Minimum Field Services Fee per call -out, 4 Hours (if 4 hours or less), 8 Hours (if more than 4 hours and less than 8 Hours)
Short -Notice Cancellation, 4 Hours (if after 4 pm of the day prior to the scheduled inspection time) Short -Notice Cancellation, 4 Hours (upon or after arrival at jobsite) •Preyai6ng Wage (PW) California Labor Code §1720• et. Seq add S50/hr Travel
1 .----- ---------------•-- -
Personnel........_._ .................. -----------..... ---....................--- ....... .._..-........ ................ ............ ........ ____ ... ............... Regular Hourly Rate Subsistence (Per Diem) .... .._...................

Quote Based on Location
VehicleMileage .................... ........... ___ ........ __.... :._-_..,...............................

0.75/mile
Equipment, Materials
Nuclear Density Gauge/Sand Cone Testing Equipment
......-.._ •S10/hr
Vehicle............................................................ .................. •$10/hr
Special Inspection Equipment ................................................. •S5/hr
Pick-up Truck ....- .. -_ _..-_....,W...............
.. $175/day
55-Gallon Drum ..........-. . ................................ .^.................. S75/ea ACCold Patch . .......... __:........ ........................ .......... ............. $35/bag Gravel ....._................................................. ................ __ S35/)bag
Quick Set PCC Patch _„_............... .................................... $35/Dag
Sand...................... ........ _<------ ...............................

S35/bag
GPSUnit ................................. ....--...»....... ..--------- --.... ..._.. $175/day
Battery -Powered Pump ,--------...................._...-----....----.....$100/day Coring Machine (concrete, asphalt, masonry) »------ -... ........ 5285/day
Double Ring Infiitrometer -•------------------- ---- _.... ............ ....-• 5200/day
Drive -Tube Sampler ......... .................. ... .........._....... _....___..._S60jday Dynamic Cone Penetrometer .--.••-.......-• .............................. S250/day Generator or Air Compressor ....... .............. $100/day Hand -Auger ....................... -..-,......... »,........ »....» ...-_.._.-. S40/day Lath Bundle ................... ... »........ »...... »,................ $100/ea Manometer -_._ .............. ................... :....... I ........ «.».«»_.-.w.-.. S100/day Mobile Laboratory with Lab Technician .._........... _... .____„ $1,650/day Perforated 3" PVC Pipe ............ .................................. _..t,..._$45110ft Sand Cone Testing Equipment ... ....................... __..................... S10/hr Schmidt Hammer .... ................................. _---.,._-.._ ..--....... S100/day Soil Sample Tube ....... -..._-............ .........-__....$15/ea Temp Marking Paint.-_--_...•..................:......._...-...•..---••--_.-$20/can Water Buffalo .-----•.................... ........ .__....... 575/ea Water Level Indicator « ........... ...................... .................... $50/day 41571 Corning Place, Suite 101 a Murrieta California 92562 a Telephone 951 304.2300 or www-geoconinc_com 13 05/16/2024

Ld)3i3rd$Ory Tl'S$5'

COMPACTION CURVES
SOIL AND ,AGGRE45ATE PROPERTIES
(D698/D1S57 jT99/T108) 4-inch mold........ __..._..............», $300/ea
(D422/T88) Particle Size, Hydrometer w/out Sieve -------------- ....$250/ea
(D696/D1557jT99/T108) 6-inch mold . ................... _........ .-_. $300/ea
(C136/06913/T27) Sieve, Coarse to Fine w/ #200 Wash -..-.._. $175/ea
(CT 216) California Impact ......... _......_.-.................... :._._..-,._..$.300/ea (C136/D(5913/T27)Sieve, Coarse or fine wl#200Wash _........$150/ea Check Point ......................... ..--....--.-............ ----------- ___ -...--- $125/ea
(C136/D6913fr27) Sieve, Coarse or Fine No #200 Wash_-
.... 5125/ea
(D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ._..._.. $200/set
(C117/D1140/TII) Materials Finer than#200-_...- .... _........ .,.$115/ea
(D1632/CT312) Soil Cement Co. Fabrication (Addtl. Spec.) ------ $75/ea
(D2216/T265/CT226) Moisture Content-_... ---------
_..... $40/ea
(D1633/CT312) Soil Cement Comp. Strength (Set of 3) ... $350/set
(D2487/D2488) Visual Soil Classification...................... ....._._... $40jea
(D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ... 5125/ea
(D2937) Density of In -place Soil, Drive-Cyl, Method—____ $50/ea

SOIL AND AGGREGATE STABILITY
(D4943) Shrinkage factors of Soils, Wax Method__ ...... ; ---- $75/ea
(D28441CT301) Resistance Value -------- ............................. ....,._$350/ea (C131/C535/CT211) L.A. Abrasion Resistance ................. ..... __250/ea
(D2844/CT301) Resistance Value, Treated .................. ._......... $350/ea
(C142/T112)Clay Lumps and Friable Particles ........ .......... __....155/ea
(D1883) California Bearing Ratio ............... ......... ........... ._...-._$600/ea SOIL AND AGGREGATE PROPERTIES (CONTD.)
(C977) Stabilization Ability of Lime.. ............... ......._..--._.....«.....185/ea (C123/T113) Light Weight Particles ............ .......... .... _ ....___..5250/ea (D1883) Calif- Bearing Ratio (Army Corp of Engineers) _..-_..600/ ea
(1)3744/CT229/T210) Durability Index Fine ........... ................ ..-$200/ea
CHEMICAL .ANALYSIS
(D3744/CT229/T210) Durability Index Coarse .......... ...............$200/ea (G187/CT643jT288) pH and Resistivity ................. ............. ......$175/ea (CT227) Cleanness Value .... ............,_... ...................... ._-...----..5200/ea (D4972/T289) pH Only------------------...,, .......... ........... ..... ...___ $75/ea
(D4791) Flat & Elongated Particles .......... ...._....------ -........._--.-$175/ea (CT417) Sulfate Content_. --------- ...:.................... _,_.,...-...... ... 5125/ea
(D693/CT205) Percent Crushed Particles ........... ........... ...._.._-5200/ea (CT422) Chloride Content .... ......... ......................._...........-.--.---5125/ea (D5821) Percent. of Fractured Particles, Coarse Aggregate ... ..5200/ea
(1)2974) Organic Content------------ ......... ........... .................. ...... $100/ea
(C40/CT213/T21) Organic Impurities .._-_-........_....-_-----.----..$100/ea PERMEABILITY, CONSOLIDATION AND EXPANS 0TJ
(C235) Soft Hardness (Scratch Hardness).....,._..........$125/ea (D5084) Permeability, Flexible Wall ........ ............_...,...__..... _$270/ea
(C88/CT214/TiO4) Sulfate Soundness- .............. ........... ._.-___-..5500/ea (D5856) Permeability, Rigid Wall ......................:,,„.... 5260/ea
(C1252/T304) Uncompact. Void Content, Fine Aggregate
...5175/ea
(D2434) Permeability, Constant Head .__..„ . ............................ $280/ea
(C127/CT206/T85) Coarse Specific Gravity._.. ........ ..;,.._.. (D2434) Permeability, FHA Slab -on -Grade ................. $110/ea
(C128/CT207/T84) Fine Specific Gravity ............ ..._.-.__..„.......5175/ea (D2434) Permeability, Hourly .............. .........................___ ------- $55/ea
(D854/CT209/T100) Specific Gravity of Soil .................. (D2435jT216) Consolidation (6 pis- w/ Unload) ---- ....... ._...„..- 5400/ea
(C29/CT212/T19) Unit Weight & Percent Voids-_..............__...$125/ea (D2435/T216) Consolidation Additional Point w/ Unload......... $90,/ea
(D2419/CT217/T176) Sand Equivalent ...... ......................... ......5150/ea (D4546) Swell/Compression Testing & Density .._..._,_......... . $125/ea
(D4318/CT204/T89/T90) Plastic Index (Plastic/Liq- Limit) .._..$250/ea (D4546) Sweii/Settlement Testing & Density (ea. addtl- pt.) .... $85/ea
(D4318/CT204/T89) Liquid Limit ......... ..........._.._.___-_,._.__.$125/ea (D4546) Swell/Settlement Testing & Density (County)...._..._. $100/ea
(D4318/CT204/T90) Plastic Limit .......... .............. ...............-._...$125/ea (1)4546) Swell/Settlement Testing & Density (FHA) ................... $90/ea
(C330) Spec, for Lightweight Aggregates, Struc- Concrete. .........

Quote
(D4829)Expansion Index ofSoils _...,._..---------- ............ ...._.--5250/ea

SHEAR STRENGTH

STEEL TESTING
Rslnforcine Steel Tests
(.A370) Tensile Strength & Elongation
#11 Bar&Smaller-_................ „.., ................ ......... .$100/ea
#14 Bar ........... .:.- - .................................___...$125/ea #18 Bar {Proof Test) ..._....._--.....__ .............-_--....... $150/ea
(A370) Bend Test
#11 Bar& Smaller ... ...--....... _..... ._.........._......-._._$50/ea #14 & #18 Bar ....__...._._..,,------•-____......._...._...._....._ $75/ea
(A370) Tensile - Mechanically Spliced Bar
#11 Bar& Smaller. -------- ----------- ...._...-•---.._.............$175,/ea #14 Bar& Larger ---- .------- ...-_..--•---.-•--..-........._........ 5225/ea
(A370) Tensile- Electric Resist. Butt Splice w/ Control .... ;...... $175,/ea
(A370) Straightening of bar (if required) -.,.__...._ _ �........ $50/ea
Structural Steel Tests:
(A370) Machining & Prep of Test Specimen _....... ._ .............Cost+ 20%
(A370) Tensile Strength & Elongation
Up to 200,000 Ibs--- ............. ..............
_...$125/ea
200,000 - 300,000 Ibs-_................... -.--------- -........ ... $150/ea
300,000 - 400,000 Ibs... ........ _.................„............ .............. .. $175/ea
Pre —stressing Wv Terflon Te s:
(A421) Tensile Strength, Single Wire ...........
---------$175/ea
(A416) Tensile Strengthr 7-Wire Strand ...... ----- ................. .----- $200/ea
14 (132166) Unconfined Compression... ........................................ $100/ea (D3080/T236) Direct Shear (3 Points)- .......................... $350/set
(D3080/T236) Direct Shear Addtl. Points/ea. residual pass ... ..$125/ea
(02850) Unconsolidated-Un drained Triaxial Shear ................ ..5115/ea
(D2850) Un consolidated -Undrained Triaxial Staged ......._..5160/ea (D4767) Consolidated-Undrained Triaxial Shear _- ............. .---- 5265/ea
(D4767) Consolidated-Undrained Triaxial Staged ...... ____ .... 5340/ea
(EM1110) Consolidated -Drained Triaxial Shear ................. _.... 5375/ea
(EM1110) Consolidated -Drained Triaxial Staged. _._,.„_.....,...__._$480/ea MASONRY°'
Concrete Block Test (Sets of 3 Required):
(C140) Unit Weight Moisture Content & Absorption._........... $350/ea
(C140) Moisture Content/Absorption (ea. addtl. specimen) .. $125/ea
(C140) Compression Test _ ........................ ........ ......:......„:
. $300/ea
(C140) Compression Test (ea. addti. specimen) ----- ........ ...._...-5125/ea (C426) Linear Drying Shrinkage ...... ..... ___ .._._ __..,_._............$350/ea (C109/UBC 21-16) Mortar Cylinder (2"x4").............,_.._.,.__.-,.530fea (C942) Grout Prism (3")3"x6"),trimming included ...... .......... _..535/ea
Masonry Prism (Assemblage):
(C1314) 8"x8"x16"-8"xl2"xl6"........ ......................... .......... ..$200/ea
(C1314) B"x16"x16' -10"x12'x16"_.„....................................$225/ea (C1314) 12"x12"x16" - 12"x16"x16"......._...:........ . ................5250/ea (C1314) Larger than 12"x16"x16".._.............. ........„................. .Quote
05/16/2024

Laboratory Tests' (continued)
Huh Strength Solt, Nut, & Washer Tests:
(A325/A490) Tensile Test on Bolts_........................__.__.....__$100/ea (A563) Proof Load Test on Nuts..._. ------ ...... _.__ .... _$100/ea
(A325/A490) Hardness Test on Bolts ................ ............. ......._.$50/ea (A536) Hardness Test on Nuts ........•... ............. ..................... $50/ea
(F4361 Hardness Test on Washers -------- .__.................... __........... $50/ea
Weld Specimen Tests
(€164) Ultrasonic Examination....................................Quote Machining & Prep of Test Specimen.._.........................__...Cost + 2046
(E381) Macrotech Test (3 Faces) -._ ........... ..._......_..... ._......... __ $355

ASPHALT TESTING
Asphalt Properties:,
(D2726/CT308/T166) Bulk Spec. Gray. Compacted HMA.....
.._$100/ea
(D1560/CT366) Stabilometer Value (HVEEM) ................ (D2041) Theoretical Max Specific Gravity ._.._...........:..:.....:.... $200/ea
(D5444) Sieve Analysis of Extracted Asphalt .... ....... ................$250/ea (D6307/CT382) Percent Asphalt, Ignition Method ..................$175/ea (D1188) Unit Weight of Asphalt Core ........................................

S95/ea

MISCELLANEOUS TESTING SERVICES
Calibration of Hydraulic Ram:
100 Tan & Under...... ......... ...._.------........_.... ....._ 5250/ea
101 Tons — 200 Tons -- ........ _.............................. ............... $350/ea
Use of Universal Tegi ng Machine:

UTM with One Operator ............ ... _.......... ................... ....... 5400/ea
Additional Technician ._....___ .... ................. ..._........ Regular Tech Rate
Brick Test Set of 5 Specimens):
(C67124-Hour Absorption, Cold Water—- .................. ­ ...... .-. 5250/set
(C67) 5-Hour Absorption, Boiling Water ................ ...............$250/set (C67) Compression Test or Modulus of Rupture _......... .......... 5300/set
(C67) Each Additional Specimen, ................ ................_......_...$100/ea CON CRETE • .

Mix Designs:
(AC1211/AC1214) Concrete Mix Design .... ............. .............----- ..$450/ea
(AC1211/AC1214) Review of Concrete Mix Design ....................5450/ea (C192) Concrete Trial Mix (includes equipment & labor)....-... 5650/ea
Concrete Progenies
(C39/CT521/T22) Camp. Strength, Concrete Cyl....... _ ..............$30/ea (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core.........560/ea (C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam
....._.5125/ea
(C174) Length Measuring of Drilled Cores_................._........_..5100/ea (C1140) Shotcrete Panel -Coring & Testing (Set of 3) ----- .........5350/set (C1140) Shotcrete Panel (each addtL specimen) .....................5125/ea (C496) Static Modulus of Elasticity .......... __ .............................$250/ea (C496) Drying Shrinkage (Set of 3, up to 28 days) ......... .......... $650/set
(C642) Spec. Gravity, Absorp., Voids in Hardened Concrete......$95/ea (F1869) Vapor Emission Rate, Concrete Subfloor................. ._.,.$50/ea Spray ADyRed Firegrooline •2X Surcharge on rush turn -around for laboratory testing. (E605/E736) Fireproofing Oven Dry Density/Thickness.......... $125/ea "Fee applies for sampke storage, testing„ or disposal 15 05/16/2024

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