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HomeMy WebLinkAboutLeighton Consulting, Inc. - 2018-11-19��Nliracro P- "-City of HuntingtonBeach IiT �GFCx9� 0� LINTY � File #: 18-447 MEETING DATE: 11/19/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subiect: Approve and authorize execution of Professional Services Contracts for On Call Material Testing and Engineering Services with AESCO, Inc., Twining, Inc., and Leighton Consulting, Inc., each in an amount not to exceed $250,000 Statement of Issue: The Public Works Department requires on call material testing and engineering services to support staff for the design and construction of capital improvement projects, which are identified in the annual capital improvement program. Financial Impact: The City's adopted FY 2018/19 Capital Improvement Programs (CIP) Budget totals $24.7 million for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management and other required costs. The three (3) recommended material testing and engineering service contracts have a maximum value of $750,000 over the next three years and will be funded on an as -needed basis within each project's individual CIP budget. As such, no additional funding is required by this action. Recommended Action: *A) Approve and authorize the Mayor and City Clerk to execute a $250,000 "Professional Services Contract between the City of Huntington Beach and AESCO, Inc. for On Call Material Testing and Engineering Services;" and,-kikA -B) Approve and authorize the Mayor and City Clerk to execute a $250,000 "Professional Services Contract between the City of Huntington Beach and Twining, Inc. for On Call Material Testing and Engineering Services;" and, :A(;& CTApprove and authorize the Mayor and City Clerk to execute a $250,000 "Professional Services Contract between the City of Huntington Beach and Leighton Consulting, Inc. for On Call Material Testing and Engineering Services." Alternative Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects City of Huntington Beach Page 1 of 3 Printed on 11/15/2018 powered by LeglstarTll File #: 18-447 MEETING DATE: 11/19/2018 could be delayed until new contracts are approved. Analysis: On November 28, 2017, the City advertised a Request for Qualifications ("RFQ") for On -Call Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Fourteen (14) proposals were received for material testing and engineering services. In accordance with qualifications -based selected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services", the Public Works Department established a review board. Proposals were evaluated and ranked by a three (3) member panel review team established by the Public Works Department. The reviewers were a Senior Traffic Engineer, and two (2) Public Works Contract Administrators. After conducting the entire evaluation process, including negotiation for competitive rates, the top three (3) firms were selected to increase the opportunity for competitive proposals for future projects from qualified on -call consultants. They are AESCO, Inc., Twining, Inc., and Leighton Consulting, Inc. A summary of the evaluation sheets for the top (3) firms, and the fourth (4) firm not selected, are shown in Attachment 4. The recommended contracts are to support staff for material testing and engineering services for various capital improvement projects. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project is evaluated on a case -by -case basis to determine if these as -needed services are necessary. The City's Capital Improvement Program ("CIP") Fiscal Year 2018/19 CIP totals $24.7 million in new projects. Typical design and construction support costs from use of consultants on a CIP project can vary between ten (10) to twenty (20) percent of total costs for a CIP project. Therefore, it is practical to conservatively estimate minimum annual consultant costs would be approximately $2.4 million to the City for total CIP projects or $6 million within the next three (3) years. Material testing and engineering services are typically required for all CIP projects, such as street improvements, traffic signal improvements, water improvements, sewer improvements, and other City infrastructure improvements. Therefore, these consultants were selected to meet the projected workload over the next three years with a total contract limit of $750,000. This agenda item does not require Public Works Commission Action. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and AESCO, Inc. for On City of Huntington Beach Page 2 of 3 Printed on 11/15/2018 powered by Legistar— File #: 18-447 MEETING DATE: 11/19/2018 Call Material Testing and Engineering Services. 2. Professional Services Contract between the City of Huntington Beach and Twining, Inc. for On Call Material Testing and Engineering Services. 3. Professional Services Contract between the City of Huntington Beach and Leighton Consulting, Inc. for On Call Material Testing and Engineering Services. 4. Professional Service Award Analysis for AESCO Inc., Twining, Inc., and Leighton Consulting, Inc., and Vendor #4 City of Huntington Beach Page 3 of 3 Printed on 11/15/2018 powered by LeaistarTI other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Joseph Dale 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Leighton Consulting, Inc. ATTN: Thomas C. Benson, Jr. 17781 Cowen Irvine, CA 92614 (909) 527-8771 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/ surthet/professional svcs mayor 7 of 11 l0/l2 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEIGHTON CONSULTING, INC. FOR ON CALL MATERIAL TESTING AND ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Leighton Consulting, Inc., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call material testing and engineering services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I . SCOPE OF SERVIC CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Thomas C. Benson, Jr. who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agrcc/ surffict/prollcssional svcs mayor I of 11 10/12 I . TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on JNdV /qlk'. 201"10) (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred and Fifty Thousand Dollars ($250,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agrcc/ surfnet/profcssional Svcs mayor 2 of I I 10/12 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/ surfnet/professional Svcs mayor 3 of 11 10/12 ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/ surfnet/professional sves mayor 4 of 11 10/12 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/ surf'net/professional sves mayor 5 of 11 10/12 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/ surfnet/professional Svcs mayor 6 of 11 10/12 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/ surfnet/professional svcs mayor 8 of I] 10/12 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/ surfnet/professional Svcs mayor 9 of 11 10/12 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/ surfnet/professional Svcs mayor 10 of 11 10/12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an'as-needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications for On Call Material Testing and Engineering Services. Upon award, and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commencing work. CONSULTANT shall comply with all Local Assistance Procedures Manual (LAPM), the Caltrans Construction Manual, the Federal Highway Administration requirements, and Caltrans A&E Sample Contract Language known as Exhibit 10-R, which includes, Caltrans Consultant Proposal DBE Commitment known as Exhibit 10-01 and/or 10-02, and Caltrans Disclosure of Lobbying Activities known as 10-Q (Exhibit C). C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. I Exhibit B Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEIGHTON CONSULTING, INC. FOR ON CALL MATERIAL TESTING AND ENGINEERING SERVICES Table of Contents Scope of Services CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents ............................................ HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Terminationof Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents.. ............ I ...................... I ...................... ... I ................................... 7 City Employees and Officials..................................................................................7 Notices.........................................................................................7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited ................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate................................................................................. I I Client#: 1257049 305LEIGHGRO ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM(DD/YYYY) 6/01 /2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _. ----_._.._.... _ .—._...._ _... --.._.......... ._...�...._...._..._._... ... _....... IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT KathyKWatersNAME:BB&T Insurance Services PHONE, � P(AA (A/C, NoExt)• 714 9412938 of Orange County 1C Noj............. KWaters@bbandt.com ......- 2400 E Katella Ave. Suite 1100 aoDREss: - INSURER(S) AFFORDING COVERAGE NAIC # Anaheim, CA 92806 INSURER A: g+ I n Company 19437 __ — _ _ INSURED _.___ ..._......... ............. oacoo Leighton Consulting Inc 17781 Cowan Ste, 100 Irvine, CA 92614-6009 INSURER B : T—ol— mdamnrty, Co of CT INSURER C INSURER D INSURER E COVERAGES RFATIFIRATF MI IMRF=P. annetnki Ku l—CO. THIS IS TO CERTIFY THAT TI1E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO IHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONI"RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ......._ _ ----- _-- _ ADDL SUER __- LTR TYPE OF INSURANCE INSR .WVD _ POLICY NUMBER COMMERCIAL GENERAL —LIABILITY A XI 065463440 /�! OCCUR ! CLAlivtS-MAD:= `.. POLICY E0F MM/DD1YY 2/14/20182018 POLICY EXP AMIDI)nyn _ LIMITS EACH OCCURRENCE PREUSESfERENTED nce $1,000,000 ..--__._.. $50,000 S EXCLLIDED I ' t ED EXP (Any on. a ,r n) .__.) .---------- .._ I ., GE J L AGGR GATE LIMIT APPLIES PER O i� POLICY XI Z?C I%tIt_OC [GE PERSONA 8 FlOV INJURY IGENERAL A['GREGA7E _ ._, , .... ! PRODUCTS-COMP✓OP AGG $ 1 OOO OOO ---------.._ $ 2 OOO,OOO $2 000 000OTHER: .._.._ .. Overall„Policy B �OMOBILE LIABILITY i BA0305L81418CAG ANY AUTO OWNED SCHEDULED t AUTOS ONLY AUTOS X MIRED NON-ObVNEU AUTOS ONLY X AUTOS ONLY eneral 2/14/2018 A gre ate .. 02/14/201 coI'Aac D SINGLE LIMY Lacdd_I) _ _ BODILY INJURY (Per person) BODILY INJURY Par arcldenl) Per ._ Pf20 ERN DAMAGE I �c,dent) $$5,000,000 ..... . S1,000,000 0 .._. $ $ $ i _.. _-__ ... ,,, .,, _..........—. � _. _ ! ...............__. A �( UMBRELLA LIAR I OCCU 2114/2018 02114/201 EACH H OCCURRENCE $�,000,000 CLAIMS-MADE.0065463i8 EXCESS LIA8.._..- -- - I DED X]. REiENT10N$10000 �AC G -- a 000 U00 ..._..._. _. _.. .. .. COMPENSATION DEMPLOYERS'Y!N I f '- PRIEOF.fLEY�CUTIVE-141,14Y kCU�,N1A1 CDEMBER (Mandatory In NH) I if ye,, describe under DESCRIPTIONi OF OPERATIONS be:cv✓ _ .. _.......... .___..__.. ........ ..... ..... __. ._........—.._.... ._ ;` — L ......__ DTH...' tPR CL EACH ACCIDENT ._ _.____.__.-. E,L DISEASE- EA EMPLOYEE E L DISEASE - POLICY LOAfT ? ..._. ..... .............._._.,.. $ _- _,.., ..... $ $ A ' Prof/Pollutn Liab 013001524 _,.__ 2/1412018 ___ _.,. ..._— ................ 0211412019 $2,000,000 Per Claim ... Claims Made $4,000,000 Aggregate $10,000 Ded DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured applies on General Liability per Lexington's Additional Insured Owners, Lessees or Contractors endorsement LX4316 06114 and LX9605 10101 attached to the General Liability policy as required by written contract. Primary wording applies to General Liability per Lexington's endorsement LX9838 08105 attached to policy. APPROVED AS TO FORM Additional Insured applies on Automobile Liability per Traveler's Blanket Additional Insured endorsement (See Attached Descriptions) B (LC)City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 ACORD 25 (2016/03) 1 of 2 #S20122833/M19527985 SHOULD ANY OF THE ABOVE DESCRIBED POL� 6E�CAN ELLEED BEFORi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1983-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LXMCN F •,�.�� Statement of Qualifications to Provide -Call Construction Material Testing Services "A" ity of Huntington Beach, Public Works Department QI �cF amiary 11, 2018 NTY �P�/� r IN w vow t, NIIIII(I City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services TABLE OF CONTENTS Cover Letter Vendor Application Form 3 Pre -Qualification Form $ Firm Qualifications 6 Staffing 12 Availability of Staff 12 Organization Chart 13 Understanding and Approach 14 Factors Important to Projects 15 Field Testing 16 Laboratory Testing 17 Appendix Section 18 Resumes 19 Samples of Field Reports 29 COST PROPOSAL (Separate Envelope) Caltrans Forms Leighton 0 1 P a g e Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY Jim Slobojan City of Huntington Beach, Fiscal Services Division 2000 Main Street Huntington Beach, CA 92648 January 10, 2017 IR17-612 Subject: Request for Qualifications (RFQ) for On -Call Construction Materials Testing Services for City of Huntington Beach Public Works Department As one of your current on -call consultants for materials testing services, Leighton Consulting, Inc. (Leighton) is thrilled to present this proposal to the City of Huntington Beach. We acknowledged receipt of Addenda 1, 2 and 3. We have experience working directly for you on your current projects and are committed to assisting your staff with additional federal and state grant -funded projects. We have additional resources available to provide you with the excellent service and technical expertise you have come to expect from Leighton. In addition to the city, we have provided on -call materials testing services for hundreds of municipal clients throughout Orange County. Some of our projects have construction value in excess of a billion dollars and we have won over 50 engineering excellence awards. Our 56-year history will benefit the City with familiarity of relevant state and local testing standards and codes and state and federal grant -funding requirements necessary to keep your projects compliant and on schedule. Leighton is a local firm with deep roots in the community. We have several senior principals and staff that live in Huntington Beach. This has allowed us to work closely with City staff on our current projects. We're so close --it's easy for us to serve even your last minute needs. Leighton has worked in the City on large-scale projects, such as the mass grading, testing and inspection work in the overall Seacliff specific plan area. We have worked in the downtown area on multiple commercial sites. Leighton has worked along Pacific Coast Highway at the Waterfront Hilton. Currently, we are working on schools in the Oak View neighborhood and for Ocean View School District providing materials testing services. In addition, Leighton has done numerous pipeline, road improvement, traffic, parking and pavement projects throughout the City. 17781 Cowan ■ Irvine, CA 92614-6009 949.250.1421 ■949.250.1114 Fax Based on the project scope, we can provide either Acceptance Testing or Independent Assurance Testing services for your projects. Leighton will staff your projects primarily out of our Irvine office. Our field technicians possess many Caltrans certifications and their performance will be supervised under registered professionals. As part of our quality assurance program, our in-house scheduler will confirm that our field staff, before they are sent to your site, will have the appropriate equipment and certifications. The Leighton team has extensive combined experience working with Caltrans Standard Specifications and will always carefully review each project's special provisions prior to staffing a project. We have the City's QAP and will follow it closely in conjunction with our internal QA/QC plan to make sure that nothing on your projects is missed. Having provided services for many federally funded projects either directly or indirectly, we are familiar with the requirements of the Federal Contract Compliance Manual. We recently successfully passed a Caltrans/FHWA pre -award audit performed by OCTA. Leighton also understands that our proposed staff will be paid utilizing current prevailing wage rates when appropriate. Leighton is registered with the Department of Industrial Relations (No. 1000007443, exp. 6/30/2018). As your project manager, I will be your point of contact and responsible for ensuring that our services are delivered in an efficient and effective manner. As Vice President of Leighton Consulting, Inc., I am authorized to legally bind, negotiate and execute all contracts. The City's Agreement for Professional Services is acceptable to the firm. I am committed to the City for the three-year term of this contract and can be contacted at (949) 681-4267 or by email at dchandra@leightongroup.com. We look forward to working with you and discussing your specific needs to upcoming projects. Respectfully submitted, LEIGHTON CONSULTING, INC. Djan handra, PE, GE Proje t Manager I Vice President DC:dc Distribution: (5) addressee (1 PDF on USB flash drive) 4# Leighton REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW F CURRENT VENDOR Legal Contractual Name of Corporation: Leighton Consulting, Inc. Contact Person for Agreement: Thomas C. Benson, Jr., PE, GE Corporate Mailing Address: 17781 Cowan City, State and Zip Code: Irvine, CA 92614 E-Mail Address: tbenson@leightongroup.com Phone: (909) 527-8771 Fax: (949) 250-1114 Contact Person for Proposals: DJan Chandra, PE, GE Title: Executive Vice President E-Mail Address: dchandra@leightongroup.com Business Telephone: (949) 250-1421 Is your business: (check one) ❑ NON PROFIT CORPORATION Is your business: (check one) Business Fax: (949) 250-1114 F-� FOR PROFIT CORPORATION 0 CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION 1 of 2 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Thomas C. Benson, Jr. President and CEO 949.250.1421 ext. 8771 Terrance M Brennan Chairman 949.250.1421 ext. 4200 Kris R. Lutton Sr. Vice President 949.250.1421 ext. 4203 Federal Tax Identification Number: 73-1650031 City of Huntington Beach Business License Number: A246548 (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 8/31 /201 8 City Of Huntington Beach Business License Business Name/Service Address LEIGHTON CONSULTNG INC License Type Contractor Owner/Corporation LEIGHTON CONSULTNG INC THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON -TRANSFERABLE RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE POST IN PUBLIC VIEW 2 of2 License Number A246548 Effective Date 09101/2017 Expiration Date 08/31/2018 Amount Paid S 169 75 SIC 8322 EXHIBIT A: PRE -QUALIFICATION FORM ON -CALL CONSTRUCTION MATERIAL TESTING SERVICES SERVICE CATEGORY PROPOSING? Y/N (circle) A. Construction Material Testing Yes No D_C (Initial) Consultant is willing to execute the sample Agreement as drafted, including any other potentially more restrictive terms and conditions as outlined in Caltrans' LAPM, Exhibit 10-R (See Appendix B). Consultant is aware the actual Agreement "MAY" differ due to Caltrans requirement. DC (Initial) Consultant is able to provide the insurance as required, including any other potentially more restrictive terms and conditions as outlined in Caltrans' LAPM Exhibit 10-R (See Appendix B & C). Firm Name: Leighton Consulting, Inc. Firm Address: 17781 Cowan, Irvine, CA 92614 Signature: -mil Date: Djan handra, PE, GE / Vice President 1/10/2018 City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services FIRM QUALIFICATIONS Leighton Consulting, Inc. (Leighton), a California corporation with a team of 175 employees, has a large pool of geotechnical and material testing professionals, a deep -bench of extensively certified field technicians and special inspectors, and in-house geotechnical and materials testing laboratories. Our three laboratories, located in Irvine, Temecula and San Diego, are accredited by AMRL, CCRL, Caltrans, and other local and federal agencies. Leighton has served on numerous geotechnical and materials testing on -call contracts, completing thousands of public works/ transportation, and water infrastructure projects. The Leighton project team has successfully managed and/or worked on projects adhering to the requirements of local, state, and federal regulatory agencies. We have worked on projects requiring Caltrans oversight and the involvement of various local cities. When projects involve multiple stakeholders, we understand how to work cohesively with all parties to ensure compliance in the most technical and cost-effective manner possible. The Leighton team will be providing services for this contract primarily from our Irvine office, which is located less than 10 miles from Surf City. Leighton's local staff has the technical knowledge and management skills to work with you and your staff to keep your projects on schedule. Our key personnel are credentialed, seasoned registered professionals who have built their reputations on similar work throughout the region. In short, Leighton is one of southern California's most established geotechnical consulting and material testing firms with a proven track record of delivering projects on time and on budget. Leighton 6 1 P a g e City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services Dates of Work: Staff. Edward Che, Project Manager; Roderick Marcia, Materials Engineer; 412017 - Present Technicians: Joel Beckham and Rick Fernandez Reference: John Przybyszewski, City Inspector; T. 714.818.1799 1 jprzybyszewki@dudek.com The various projects under the current on -call contract with the City of Huntington Beach include: ■ Worthy Park Reconfiguration - The project consisted primarily of the demolition and removal of an existing 10,000 square foot racquetball building, existing play area, four trees, and a turf area. Improvements consisted of the conversion of the existing basketball courts into pickleball courts, the installation of a new picnic structure, ROMTEC modular constructed restroom building, play area, and a rehabilitation of the turf area. ■ Shipley Parking Lot Pavement — The Project will involve the construction of a permanent parking lot in Huntington Central Park to accommodate programming at Shipley Nature center. Additional parking is needed to provide parking for Shipley Nature Center, including ADA spaces and access to Shipley. ■ Adams and Atlanta Pavement Rehabilitation - Pavement rehabilitation to enhance and maintain infrastructure included grinding ~° •°° and overlay of existing asphalt concrete (AC) pavement and new AC - pavement sections. ■ Magnolia Street Bridge and Brookhurst Bridge i Preventive Maintenance - Many of the City's bridges are aged and need maintenance and minor rehabilitation to extend their design life. Leighton provided, or is providing, soils and material testing services in the field and in the laboratory that include soil compaction testing, asphalt compaction testing, concrete sampling and compression tests, and field welding special inspections. Construction materials testing are performed in Leighton's AMRL- and Caltrans-certified lab to verify contractor compliance with approved plans and specifications. Leighton 71 Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services Ranch Water I Dates of Work: Staff. Djan Chandra, Project Manager; Roderick Marcia, Materials and Lab 2013 - Present Manager; Technicians: Joel Beckham and Rick Fernandez Reference: Malcom Cortez, Principal Engineer, IRWD T. 949.453.5854 1 E. cortez@irwd.com Leighton performed geotechnical engineering services in accordance with Section 01110 Compaction Testing, of the General Requirements of IRWD's Project Manual. Our scope of work included: ■ Attendance at preconstruction meetings to coordinate construction; ■ Laboratory testing of backfill material; ■ Field compaction testing for pipelines, manholes and laterals; • Field compaction testing of subgrade for concrete structures, such as slabs on grade and retaining wall footings; and ■ Field compaction testing of subgrade for finish grading and road pavement. Daily Field Reports (DFRs) were prepared after each site visit and brought to the project superintendent and/or IRWD inspector for their review and approval of our activities and hours worked each day. Professional materials testing management, supervision and internal quality control were performed to verify the DFRs written by our special inspectors and technicians in the field and laboratory test results were in compliance with project quality control plans. Concerns encountered in the field and noted on the DFRs, and any material tested and found not to conform to project specifications, were brought to the attention of the project superintendent and/or District inspector. Projects completed for the on -call contract include: ■ Five booster pump station permanent generators project in the Santiago--�-�>� Canyon Area j ■ Wells 21 and 22 at 1221 Edinger Avenue in Tustin ■ South County Zone 1-3 Booster Pump Station in Irvine [IRVINE RANCH • Hidden Canyon Booster Pump Station; and ATER DISTRICT ■ Initial Distribution Facility (IDF) Chlorine Line Replacement Project Leighton 8 1 P a g e City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services XW Dates of Work: Staff. Djan Chandra, Project Manager; Roderick Marcia, Materials Engineer; 812012-51201 S Technicians: Joel Beckham, Rick Fernandez and Aston James Reference: Dennis Mak, Project Manager, OCTA T. 714.560.58261 E. dmak@octa.net The West County Connector project linked high occupancy vehicle lanes from the I-405 to SR-22 and to the 1-605, and made it a seamless carpool connection for drivers and relieved congestion on the busiest section of the freeway in the nation. Other project elements included adding a second carpool lane in each direction on the 1-405 between the SR-22 and the I-605, six bridges were reconstructed and two new bridges built with reconstructing on- and off - ramps, and adding soundwalls and retaining walls. Leighton provided soils and material testing services for both segments of the projects in accordance with California Test Methods and ASTM requirements. Our Caltrans-certified technicians provided periodic field and materials testing for Engineer's Acceptance. Working under the roadway and structural inspectors, who act on behalf of the project's Resident Engineer, our duties included quality assurance of the methods and frequencies for performing testing and inspection; random field testing of soils, aggregates, and Hot Mix Asphalt (HMA); and full-time field testing of structural Portland Cement Concrete (PCC). Construction materials testing were performed in Leighton's Caltrans-certified lab to verify contractor compliance with Caltrans specifications. Leighton also provided services during nights and weekends, following Caltrans' protocols. The 6-mile project traverses the cities of Garden Grove, Westminster, Seal Beach, Los Alamitos, Long Beach and the community of Rossmoor. Leighton 9 1 P a g e City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services Dates of Work: Staff. Djan Chandra, Project Manager; Roderick Marcia, Materials Engineer; 312011-2014 Technicians: Joel Beckham, Rick Fernandez and Noah Quick Reference: Manuel Gomez, Public Works Director, City of Irvine T. 949.724.7516 1 E. mgomez@cityofirvine.org The project realigned and lowered Sand Canyon Avenue under the railroad crossing and widened Sand Canyon from four lanes to six lanes and a grade - separated crossing. The project area is between Interstate 5 and Oak Canyon/Laguna Canyon Road in the City of Irvine. The project cost was $56 million and funding was provided by a combination of Measure M, and state and local sources. The Sand Canyon Avenue Underpass structure consisted of a two span steel girder bridge supported on cast -in - place concrete pier and abutments. The abutments and pier were supported on 24- to 42-inch diameter cast -in drilled hole piles. Leighton's role on the project was to provide soils and material testing services in accordance with California Test Methods and ASTM requirements. Our Caltrans-certified and experienced technicians provided periodic field and materials testing for Engineer's Acceptance. Working under the roadway and structural inspectors, who act on behalf of the project's Resident Engineer, our duties included quality assurance of the methods and frequencies for performing testing and inspection; random field testing of soils, aggregates, and Hot Mix Asphalt (HMA); and full-time field testing of structural Portland Cement Concrete (PCC). Construction materials testing were performed in Leighton's AMRL- and Caltrans-certified lab to verify contractor compliance with approved plans and specifications. ir Dates of Work: Staff Djan Chandra, Project Manager; Roderick Marcia, Materials Engineer; 412011 - 512013 Technicians: Joel Beckham, Rick Fernandez, George Ruiz and Brandon Thomas Reference: Dave Rogers, Director of Public Works, City of Laguna Niguel T. 949.362.4337 1 E. drogers@ci.laguna-niguel.ca.us Leighton 101Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services eti T The project widened eastbound Crown Valley Parkway from the intersection of Cabot Road in the City of Laguna Niguel to the northbound I-5 on -ramp in the City s of Mission Viejo. The project included widening three bridges over Camino Capistrano/the SCRRA railroad tracks, Oso Creek Channel and the I-5 freeway. Funding was provided in part by OCTA Measure M grand funds, the City of Laguna Niguel and the City of Mission Viejo. Leighton's role on the project was to provide geotechnical observation, and soils and material testing services in accordance with California Test Methods and ASTM requirements. Our Caltrans-certified technicians provided periodic field and materials testing for Engineer's Acceptance. Working under the roadway and structural inspectors, who act on behalf of the project's Resident Engineer. Our duties included quality assurance of the methods and frequencies for performing testing and inspection; random field testing of soils, aggregates, and Hot Mix Asphalt (HMA); and full-time field testing of structural Portland Cement Concrete (PCC). Materials testing was performed in Leighton's Caltrans-certified lab to verify contractor compliance with Caltrans specifications. Jumhoree Road Brid,,r,,e Widenin- Over State Route 73 HighwaY, 01" 0/ Ne"P01-i Betich, C-I Dates of Work: Staff. Djan Chandra, Project Manager; Roderick Marcia, Materials Engineer; 612011-1212012 Technicians: Joel Beckham, Rick Fernandez and George Ruiz Reference: David Webb, Public Works Director, City of Newport Beach T. 949.644.3330 1 E. dawebb@newportbeachca.gov This City of Newport Beach project involved widening the west side of the Jamboree Road Bridge overcrossing State Route 73 to accommodate one additional thru lane in - each travel direction. The roadway leading to the bridge was also widened in order to transition to the lane configuration across the bridge. The widening of Jamboree consisted of a 263-feet long cast -in place concrete box girder and 22-feet spanning the SR-73 Highway. Leighton provided geotechnical and materials testing services for soils, aggregates, Portland Cement Concrete (PCC), Hot -Mix Asphalt (HMA) for the Resident Engineer during construction. Leighton administered field and laboratory testing for compliance with Caltrans Standard Specifications. Leighton 11 IPage City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services IV STAFFING Our experience with public agencies has prepared us for the staffing requirements needed to complete projects on time and within budget. We have learned from hundreds of on -call public agency contracts the impact of staffing, schedules, and subcontracting on the project results. Leighton is capable of managing multiple concurrent and large-scale projects as evidenced in our experience working with agencies like Caltrans and various local cities and agencies. Our Project Manager, Mr. Djan Chandra, PE, GE, has construction supervision experience for the civil and geotechnical aspects of projects including for bridges, roadways and pipelines. Djan is responsible for review of construction materials testing and quality control. He also attends project team meetings, reviews bid and submittals to clarify geotechnical recommendations and recognizes the importance and results of working collaboratively with the City and project team to achieve efficient construction procedures. Availability of Staff (JARENT CURRENTROLE Djan Chandra, PE, Various Transportation Projects GE Project Various School Districts Manager/Principal Various Public Works Projects 70% 30% in Charge Edward Che, PE, GE Various Transportation Projects Task Various School Districts Leader/Geotechnical Various Public Works Projects 75% 50% Engineer Roderick Marcia, PE Various Transportation Projects Various School Districts Materials Engineer Various Public Works Projects 65% 35% Mario Aparicio Joel Beckham Richard Fernandez Various Transportation Projects Guy Kendall Kris Perez Caltrans Certified Various School Districts 90% 100% George Ruiz Technicians Various Public Works Projects Brandon Thomas Other Noah Quick James Flack Various Transportation Projects Stacy Weimer Special Inspectors Various School Districts 90% 100% Various Public Works Projects Leighton 12 1 Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services Organization Chart City of Huntington Beach, Public Works Department Djan Chandra, PE, GE Project Manager/Principal in Charge Roderick Marcia, PE Materials Engineer I Field Technicians Mario Aparicio Joel Beckham Richard Fernandez Guy Kendall Kris Perez George Ruiz Brandon Thomas Leighton Edward Che, PE, GE Task Leader In -House Dispatcher Special Inspectors James Flack (Special Inspector) Stacy Weimer (CWI/Special Inspector) 131Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services UNDERSTANDING AND APPROACH Leighton understands the contract is to provide construction material testing services on an on -call basis, with the objective to verify that project sampling and testing of materials procedures are performed correctly and in compliance with contract specifications. To achieve this objective, a project -specific work plan will be developed depending on the scope of our assignment. In developing the plan, we will review the project documents to ensure we have a thorough understanding of the project scope. The work plan will be developed in conformance with the City's and Caltrans' Quality Assurance Plan (QAP) and Local Assistance Procedures Manual (LAPM) which will consist of 1) scope of work, 2) Internal Quality Assurance Protocol and 3) Project Closeout Requirements. Scope of Work: We will detail our scope of work for each project. These will include estimated number of tests and procedures for performing the tests. Using either a construction schedule provided by you or assumed quantities, we will develop a budget for the project. We have a standardize cost estimating worksheet which will be submitted together with our proposal. The estimate will list the anticipated man hours and number of tests, subtotal by tasks, and the total cost of the project. Internal Quality Assurance Protocol: As part of our internal quality assurance protocol, Project Manager and Materials Engineer will review the test results and daily reports to ensure all tests and field procedures are in compliance with the project specifications. Rework items will be recorded in the project's "Non - Conformance Tracking Log" and reported to the City within 24 hours from time of occurrence. We will review the rework items list on a daily basis to ensure that all prior non-compliance items have been resolved. Remarks for acceptance of rework items will be documented in the log. The log will be maintained in the project folder and submitted to the City on a weekly basis. As part of our quality assurance program, our in-house scheduler will confirm that our field staff, before they are sent to your site, will have the appropriate equipment and certifications. Leighton's standards for quality service are consistent throughout all of our work and depends on the commitments of highly professional staff to continually meet clients' fast -track schedules, maintain tight budgets, and deliver quality work —no matter how tough the challenges. Leighton 141 Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services Project Closeout Requirements: Upon completion of the project, a Project Certification Report, signed and stamped by our Registered Engineer, will be submitted to the City. Upon the City's acceptance of the project, all records will be archived in the project folder and a copy of the project records will be transmitted to the City in CD -discs. Our project records will be maintained for a period of 10 years. Factors Important to Projects Having worked for more than 150 public agencies for various projects, we have found the most important factor in ensuring project success has been project communication. Through a face-to-face project kick-off meeting, we can understand the City's objectives and priorities for the project. We will also establish the communication protocol among the project team, establish a distribution list for subsequent distribution of projects, and preferences for invoicing. We know that projects with multiple stakeholders can be challenging and we understand how to work cohesively with all parties to ensure compliance in the most technically and cost-effective manner possible. Communication with the team on all levels is the foundation of our approach to all our projects. Other factors that are equally important to the project will include site safety, project standards and procedures, timely reporting, and project control. Site Safety: Site safety is the responsibility of the contractor. Therefore, we will notify your designated field representative whenever we are on site. We will provide our field personnel with conventional and customary personal protection for construction sites. Project standards and procedures: We are familiar with federal, state, and local requirements for infrastructure improvement projects. It is our understanding that this project will be primarily guided by the Caltrans inspection and testing protocols. Leighton will use the current Edition of the Standard Specifications for Public Works Construction ("Greenbook") and the California Building Code (CBC) as standards for non-Caltrans projects. Timely Reporting and Documentation: We will notify your designated field representative whenever we are on site performing work. Our technicians will report to your designated field representative upon completion of activities for the day. Our Daily Field Reports (DFRs) will be brought to your designated field representative, for them to confirm activities and hours worked each day; and for their signature on the DFR to document their confirmation and comprehension of what was reported. Laboratory test results will Leighton 151Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services be emailed to your designated representative specified in the distribution list. All laboratory test reports will identify if the results meet the project requirements. Project Control: Using real-time accounting, our Project Manager can have a snapshot of costs at any time. Our Project Manager will work closely with the City and project team members to manage costs, and keep City personnel informed about our progress and remaining budget for a given project. We will not exceed the authorized budget without prior written notice from appropriate City personnel. To the extent desired by the City, we will also communicate with you to keep you aware of our progress, including schedule and budget projections. Depending on the size of the project, we will update the City with the budget status on a weekly basis or other schedule established at the beginning of the project. We will also inform you the project status at the 75% budget milestone. Field Testing Plant Inspection for Concrete and Hot Mix Asphalt: We will provide Caltrans certified inspector to perform batch plant inspections prior to production to ensure the materials being used in the work conform to all project requirements. Samples collected from the plant will be delivered to our laboratory for testing. Concrete Testing: American Concrete Institute (ACI) and Caltrans Certified Technicians will sample fresh concrete, measure temperature, perform slump tests and air content tests when requested by your designated field representative. The air content test will only be performed if specifically requested. We will mold four compression test cylinders for each 50 cubic -yards of concrete, or at least one set of four each day concrete is placed. We can also mold a set of three additional field -cured cylinders, when requested. Hardened concrete cylinders will be transported to our laboratory for curing in a climate -control curing room. Subgrade and Fill Placement Compaction: A Caltrans-certified soil tester will perform either full-time or part-time observation and testing during subgrade preparation including base course for concrete and asphalt construction or placement of new fill. With your prior approval, soil samples and base course samples will be collected for laboratory testing to establish criteria for the acceptance (i.e., ASTM D1557/CTM 216 and among others). We can also perform maximum density tests in the field. Leighton will also perform testing if we encounter variability in the source of aggregate base or import fill material. As the excavation reaches the design grade, our technicians will observe and test the excavation bottom. If soft or yielding subgrade is exposed, additional excavation will be recommended until an unyielding subgrade is achieved. The subgrade will then be scarified, moisture -conditioned, and recompacted under the observation or our Leighton 161Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services technicians. During fill placement, we will monitor the fill thickness, moisture -conditioning of the new fill, and compaction effort. In -place field density tests will be performed using nuclear densometer in accordance with ASTM D6938/CTM 231. As quality assurance procedures, one sand cone test (ASTM D1556) will also be performed for every 5 nuclear in -place density tests. Areas that do not meet compaction standard will be reworked until it meets all specification requirements. Asphalt Pavement and Overlay: Full-time observation and testing services will be provided during placement of asphalt so that non -conformances issues can be addressed immediately. Complete mix of asphalt samples will be collected in the street during placement and delivered to our laboratory for testing. Field testing activities may also consist of other street and infrastructure improvement projects. An example for our daily field reports and testing results is provided in the Appendix section. Laboratory Testing We are all well -qualified and equipped to perform materials testing for City projects in our three Caltrans- approved, and ASTM- and AASHTO-certified laboratories. Other than Caltrans, our laboratories also hold certifications from DSA, City of Los Angeles, and NICET. Our laboratories participate bi-yearly in Cement and Concrete Reference Laboratory (CCRL) Sample Proficiency Testing and consistently achieve the highest possible ratings. We provide both standard ASTM and Caltrans testing and can respond with additional testing methods modified to meet specific field and /or contract conditions. Leighton's personnel resources are not only extensive but many of our Caltrans-certified technicians and inspectors are cross - trained, and carry certifications in both soil and material tests -effectively reducing the number of technicians needed on site. We will support and strengthen your effort by supplying experienced materials testing staff that will provide reliable test results, and efficiently coordinate and report to you and your staff. As a company, we've augmented the staffs of hundreds of public agencies and ensured that public resources and taxpayer dollars were protected and well spent. Everyone on the Leighton Project Team has successfully managed and/or worked on projects that required Caltrans oversight, and various local cities' involvement. Leighton 171 Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services qw Appendix Section Leighton 181Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services MAN CHANDRA, PE, GE PROJECT MANA GERIPRINCIPAL IN CHARGE EDUCATION M.S., Civil Engineering B.S., Civil Engineering REGISTRATION California Registered Geotechnical Engineer - 2376 California Registered Civil Engineer - 50068 40-Hour Cal -OSHA Health and Safety Training Mr. Djan Chandra, PE, GE, has over 27 years of construction supervision experience for the civil and geotechnical aspects of projects including for bridges, roadways and pipelines. Djan is responsible for review of construction materials testing and quality control. He also attends project team meetings, reviews bid and submittals to clarify geotechnical recommendations and recognizes the importance and results of working collaboratively with the City and project team to achieve efficient construction procedures. ■ On -Call Construction Material Testing Services, City of Huntington Beach, CA. Principal Manager. Providing consulting services on an on -call basis for the City of Huntington Beach. ■ West County Connector I-4054-605, OCTA, Garden Grove, CA. Principal Manager. Responsible for soils and material testing services in accordance with California Test Methods and ASTM requirements. Reviews daily reports for accuracy, and provides monthly status reports of tests completed such as field testing of soils, aggregates, and Hot Mix Asphalt (HMA), and field testing of structural Portland Cement Concrete. Responds to request from the designated roadway and structural inspectors who act on behalf of the Resident Engineer. • West County Connector I-405/SR-22, OCTA, Garden Grove, CA. Principal Manager. Responsible for soils and material testing services in accordance with California Test Methods and ASTM requirements. Reviews daily reports for accuracy, and provides monthly status reports of tests completed such as field testing of soils, aggregates, and Hot Mix Asphalt (HMA), and field testing of structural Portland Cement Concrete. Responds to request from the designated roadway and structural inspectors who act on behalf of the Resident Engineer. Leighton 191Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services ■ Jamboree Road/SR-73 Widening, Newport Beach, CA. Principal -in -Charge. Responsibilities include oversight of construction support services, including observation and testing of fill placement, subgrade preparation, and trench backfill for the widening of the Jamboree Road Bridge over State Route 73. Included in -situ density testing using nuclear density gauge in accordance with CT 231 Relative Compaction. ■ IRWD South County Zone 1-3 Booster Pump Station, Irvine, CA. Project Engineer/Manager for the geotechnical exploration and geotechnical observation and testing services during construction of Zone 1-3 Booster Pump Station southwest of the existing IRWD 15-million gallon Zone 1 reservoir on Sand Canyon Avenue. The project includes construction of a pump station building with a dimension of 58 feet by 24 feet that will host four booster pumps, an electrical room of approximately 14 feet by 24 feet, new AC pavement and new concrete slab. ■ Crown Valley Parkway/1-5 Widening, Laguna Niguel, CA. Project Manager. Responsible for geotechnical and materials testing services during the widening of the south side of Crown Valley Parkway as well as the widening of a bridge over the I-5. Reviews daily reports for accuracy, and provides monthly status reports of tests completed such as subgrade and aggregate base, asphalt, and concrete. ■ Sand Canyon Grade Separation, Irvine, CA. Principal Manager. Leighton provided soils and material testing services in accordance with California Test Methods and ASTM requirements for the Sand Canyon Avenue grade separation project is located along the LOSSAN rail corridor. ■ SR-133 Widening, Irvine, CA. Irvine, CA. Principal Engineer for geotechnical and materials testing services during construction of roadway improvements for 6,500-feet of State Route 133, from 0.6 miles south of Old Laguna Canyon Road to Interstate 405. Improvements include adding a 12-foot third lane, widening existing shoulder, and a new signalized intersection. ■ Flood Control Channels, Irvine, CA. Project Engineer/Manager for geotechnical investigation, geotechnical observation and testing, and materials testing and special inspection services for the Central Irvine Channel and Facility No. F25P05 drainage channel northeast of Trabuco Retarding Basin. The Central Irvine Channel and the Facility No. F25P05 consist of a reinforced concrete box (RCB) of 14- foot wide by 6-foot high and 16-foot wide by 11-foot high, respectively. The channels replaced an existing trapezoidal open channel, where the existing channel bottom was deepened by approximately 7 feet to form the base of the new RCB. Leighton 201Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services 49 EDWARD CHE, PE, GE TASK LEADERIGEOTECHNICAL ENGINEER EDUCATION M.S., Civil Engineering B.S., Civil Engineering REGISTRATION California Registered Geotechnical Engineer - 2811 California Registered Civil Engineer - 62743 RSO and Nuclear Gauge Cert. 40-Hour Cal -OSHA HAZWOPER Training Mr. Che has over 20 years of geotechnical engineering experience including managing projects with material testing and special inspection during construction. His geotechnical engineering experience gained from major civil engineering projects such as roadways, bridges, and ports has forged a strong ability to perform engineering analyses for shallow foundations, deep foundations, pile driving evaluation, slope stability, pavement design, soil liquefaction, and seismic settlement. Most of his projects began with a geotechnical investigation, and later retained by his clients for provision of material testing and special inspection services during construction. ■ Adams Ave. and Atlanta Ave. Pavement Rehabilitation, Huntington Beach, CA. The segments of Adams Avenue and Atlanta Avenue between Beach Boulevard and Newland Street were rehabilitated by grinding and placement of asphalt concrete (AC) overlay. Some areas received full -section replacement after demolition and removal of the existing pavement section. Field testing and sampling of the AC were part of the services provided. Field density testing of the AC was also performed. ■ Worthy Park, Huntington Beach, CA. The park renovation project consisted of a new, prefabricated restroom building and concrete walkways. Testing performed included density testing of compacted soil in the field, and laboratory testing for maximum dry density/optimum moisture content. Expansion index testing was also performed in the laboratory. ■ Shipley Parking Lot, Huntington Beach, CA. A geotechnical exploration was conducted to evaluate the subgrade soil for development of pavement sections for the future, permanent parking lot that will serve the visitors to the Shipley Nature Center located within Central Park. A new earthen ramp to connect the parking lot to an existing, adjacent driveway was also proposed and required preliminary earthwork recommendations. Soil samples obtained from the subsurface exploration were evaluated and selected samples were tested in the laboratory. Testing included R-value, in -situ moisture and density, direct shear, and consolidation. Leighton 211Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services ■ Bolsa Chica Pedestrian Bridge, Warner Avenue, Huntington Beach, CA. Provided geotechnical observations, materials testing, and special inspections during the construction of a new pedestrian bridge. ■ Ocean View School District, Huntington Beach, CA. Provided inspection and testing services for code upgrade projects at seven schools within the district area. The improvements included access ramps, concrete sidewalks, parking pavement, and building improvements. Special inspection and testing services included soil compaction testing of subgrades, compaction testing of base material, and concrete sampling/batch plant inspection, field welding inspection, fireproofing inspection, and post -installed anchor inspection. Field testing services included pull testing of post -installed anchors, adhesion/cohesion test for fireproofing, and concrete slump test. Concrete compression tests and maximum dry density -optimum moisture content tests, for soil and base material, were performed in our DSA certified laboratory. Upon project completion, we submitted DSA 291 and 293 forms necessary for project closeout with certification. ■ Cherry Avenue Widening, Signal Hill, CA. Provided project management as the independent assurance tester for the widening of a portion of Cherry Avenue at Pacific Coast Highway. The project received federal funding, and therefore, required a Quality Assurance Plan (QAP) approved by Caltrans. Field testing included density testing of soil, base, and asphalt concrete. Laboratory testing included sieve, cleanness, and sand equivalent. Also provided witness of field and laboratory testing performed by the acceptance tester in accordance with the QAP. ■ Alameda Corridor East (ACE) San Gabriel Trench, San Gabriel, CA. Managed the project providing material testing and sampling for the grade separation of a segment of the Union Pacific railroad track. The track was lowered into a trench at street crossings with new bridges constructed above it. Testing performed includes concrete compression, aggregate testing (sieve, cleanness, sand equivalent), welded rebar, tie -back tendons, and couplers. Caltrans specifications were used by the project. Leighton 221Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services RODERICK MARCIA MATERIALS ENGINEER EDUCATION Mr. Roderick Marcia is a California -registered Professional Engineer B.S., Civil Engineering with 20 years of experience and has been part of Leighton team for over REGISTRATION 13 years. He currently directs the special inspection and materials California Civil Engineer - 70150 testing activities of Leighton's laboratories, and is responsible for 40-Hr Hazardous Waste procedural conduct and accuracy in special inspection and laboratory Operations Emergency Response (HAZWOPER) testing, review and evaluation of engineering properties, and performance of construction materials. As the engineering manager, he ensures that materials used in construction complies with contract documents; administers source inspections, field and laboratory testing with the frequencies specified in and for compliance with Construction Documents; coordinates and supervises material inspection and witness testing with the material source plant, reviews asphalt and Portland Cement Concrete (PCC) mix designs, welding quality control plan including welding procedures, directs/supervises Quality Assurance/Acceptance testing and inspection of aggregates, PCC, Hot -Mix Asphalt (HMA), steel reinforcements, HS bolts, masonry. ■ On -Call Construction Material Testing Services, City of Huntington Beach, CA. Materials Engineer. Providing consulting services on an on -call basis for the City of Huntington Beach. ■ Adams Ave. and Atlanta Ave. Pavement Rehabilitation, Huntington Beach, CA. Laboratory Manager. The segments of Adams Avenue and Atlanta Avenue between Beach Boulevard and Newland Street were rehabilitated by grinding and placement of asphalt concrete (AC) overlay. Some areas received full -section replacement after demolition and removal of the existing pavement section. Field testing and sampling of the AC were part of the services provided. Field density testing of the AC was also performed. ■ Worthy Park, Huntington Beach, CA. Laboratory Manager. The park renovation project consisted of a new, prefabricated restroom building and concrete walkways. Testing performed included density testing of compacted soil in the field, and laboratory testing for maximum dry density/optimum moisture content. Expansion index testing was also performed in the laboratory. Leighton 231Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services ■ Shipley Parking Lot, Huntington Beach, CA. Laboratory Manager. A geotechnical exploration was conducted to evaluate the subgrade soil for development of pavement sections for the future, permanent parking lot that will serve the visitors to the Shipley Nature Center located within Central Park. A new earthen ramp to connect the parking lot to an existing, adjacent driveway was also proposed and required preliminary earthwork recommendations. Soil samples obtained from the subsurface exploration were evaluated and selected samples were tested in the laboratory. Testing included R-value, in -situ moisture and density, direct shear, and consolidation. ■ West County Connector, Orange County, CA. Leighton Structural Materials Representative/Engineer in support of the construction of two overcrossings, one undercrossing, two grade separation, eleven retaining and sound walls, and a fifteen -span, 2902-feet long, cast -in place, post -tensioned concrete box girder bridge 405/605 Connector. ■ Jamboree Overcrossing at State Route 73 Highway, Newport Beach, CA. Leighton Structural Materials Representative/Engineer for the widening construction of a Jamboree Overcrossing at State Route 73 Highway. The widening of Jamboree consists of a 263-feet long cast -in place concrete box girder and 22-feet spanning the SR-73 Highway. ■ Crown Valley Parkway Overcrossing at Interstate 5 and Overhead at Southern California Regional Rail Authority (SCRRA), Laguna Niguel, CA. Leighton Structural Materials Representative/Engineer in support of the construction of two new bridges. The project consists of widening Crown Valley Parkway Overhead with a four span prestressed concrete box girder approximately 224 feet long and 50-feet spanning the SCRRA Railroad, and widening of Crown Valley Parkway Overcrossing with a two span cast -in place concrete prestressed box girder bridge approximately 257 feet and 30-feet spanning the I-5 Freeway. ■ Sand Canyon Grade Separation, Irvine, CA. Leighton Structural Materials Representative/Engineer in support during the construction of the Sand Canyon Undercrossing railroad tracks and realignment of Sand Canyon to accommodate two additional lanes from four to six lanes, construction of retaining. Leighton 241Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services CALTRANS CERTIFIED STAFF Richard Fernandez Mr. Fernandez has been employed with Leighton since Sr. Engineering Technician 1985. His experience includes observation and testing Years of Experience: 32 quality control during all phases of earthwork • Caltrans 231 operations, drilling and borehole logging, ■ Completion of Radiation Safety and use of Nuclear Soil environmental hand -auger sampling, installation and Gauges ■ Deputy Asphalt Inspector, City of Irvine ■ 40-Hour Hazardous Waste Operations Training ■ OSHA 40 hour Hazwoper Guy Kendall Sr. Engineering Technician Years of Experience: 15 ■ Caltrans certified 231, 533, 539, 540, 556, 557 ■ ACI Concrete Field Testing Technician — Grade I ■ ICC Soils Special Inspector ■ City of Los Angeles — Deputy Grading Inspector reading of monitoring wells, manometer slab readings, report preparation and writing, computer data entry, laboratory testing, detector tube and PID instruments for environmental sites. Mr. Kendall's experience in soil engineering including mass excavation and fill control, construction of groundwater drainage systems, preparation of infrastructure, and erosion control. His other duties are observation, testing and treatment of a wide variety of soil problems, including compressibility or collapsibility, expansiveness, corrosiveness, permeability, compaction, and problematic moisture conditions. Mr. Kendall's years of field experience include major streets and highways, reservoirs, bridges, commercial and industrial sites, schools, dams, and other flood control structures. He has extensive experience in laboratory soil testing, and managing field operations. Kris Perez Mr. Perez performs the duties to provide quality Sr. Engineering Technician assurance and control of geotechnical construction Years of Experience: 4 including all phases of grading, roadways, and ■ Caltrans 231, 533, 539, 540, 556, 557, 523, 524 residential projects. He has observed and tested soil ■ Special Inspector, Asphalt, City of Irvine during grading procedures, backfill, sub -base and base ■ ACI Field Testing Technician, Concrete Grade I operations. Kris identifies competent soil materials, • CPN Nuclear Gauge Certificate prepares daily field reports, writes appropriate field ■ BNSF Rail Safety memos, and maintains field files and maps. Leighton 251Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services Joel Beckham Sr. Engineering Technician Years of Experience: 26 ■ Caltrans Test Methods 231, 533, 539, 540, 556 and 557 ■ CPN Nuclear Gauge Certificate ■ ACI Concrete Field Testing Technician - Grade I ■ Registered Inspector - County of Orange George Ruiz Sr. Engineering Technician Years of Experience: 15 ■ B.S. Business Administration, International Marketing Management ■ Caltrans125A, 125B, 216, 231, 375, 504, 518, 523, 524, 533, 539, 540, 543, 556, 557 ■ Radiation Safety Officer Certification, 2005 ■ Nuclear Soil Gauge Certification, 2001 ■ ACI Concrete Field Testing Technician - Grade I Before ascending to the role as Field Supervisor, Mr. Beckham's experience included geotechnical observation and testing for mass and post -grading, observation and testing of backfill placement, as fill thickness and the earthwork for overexcavation and compaction of the building pad, utility trench backfill, concrete slab -on -grade subgrade preparation, and exterior pavement and sidewalk subgrade preparation. Currently, he coordinates and expedites field work, assign field technician personnel to particular job sites. ensures daily field reports, field memoranda, maintains field files and maps, and communicates effectively with developer representatives, civil inspectors, project managers, and contractors. Based upon project needs and staffing requirements, he will also perform field geotechnical field observation and testing. Mr. Ruiz's experience includes both field and laboratory geotechnical and materials testing in southern California, for both Caltrans roadway/highway projects and other municipal projects. He holds a MR-Ol l l for 13 test methods related to soils and aggregates, Portland cement concrete, and asphalt concrete pavement. He is certified to test soils, aggregates, concrete, asphalt, and other construction materials both in the field and laboratory. Mr. Ruiz has participated in and supervised field crews that are responsible for the quality of all phases of earthwork, including mass excavation and fill control, construction of groundwater drainage systems, preparation of infrastructure, and erosion control. Leighton 261Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services Brandon Thomas Sr. Engineering Technician Years of Experience: 13 ■ B.A., Environmental Studies ■ Caltrans 125, 216, 231, 375, 504, 518, 523, 524, 533, 539, 540, 543, 556, 557 ■ ACI Concrete Field Testing Technician — Grade I ■ Nuclear Gauge Certificate ■ CFR 1910.120 OSHA 40-Hour Training Mr. Thomas provides field geotechnical and materials testing for roadway/highway projects under Caltrans Local Assistance. He holds a MR-01 11 for 13 test methods related to soils and aggregates, Portland cement concrete, and asphalt concrete pavement. He is certified to test soils, aggregates, concrete, asphalt, and other construction materials both in the field and laboratory. His experience includes interchange construction, new streets, and pavement rehabilitation. He is competent at providing independent judgment within general Caltrans standards and guidelines and is able to answer questions and resolve problems regarding construction in progress and conformance to specifications and construction plans. Leighton 271Page City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services SPECIAL INSPECTORS James Flack Special Inspector Years of Experience: 13 • Certified Welding Inspector Certificate, No. 13092501 • ICC Spray -applied Fireproofing ■ ICC Structural Steel and Bolting ■ ICC Structural Welding Stacy Weimer CWI/Special Inspector Years of Experience: 20 ■ Certified Welding Inspector Certificate, No. 090311911 ■ ICC Reinforced Concrete Special Inspector - Legacy ■ ICC Structural Masonry Special Inspector ■ ICC Structural Steel & Welding Special Inspector - Legacy ■ ICC Structural Steel and Bolting Special Inspector Mr. Flack is an experienced inspector, responsible for sampling, testing, and analyzing construction materials for transportation, water resource, and other projects. He is an AWS Certified Welding Inspector and is knowledgeable regarding the inspection of construction items, and sampling and inspection of steel reinforcement and concrete placing operation. He holds a'General - B' California contractor's license and has many years of construction and building experience. Skilled in many aspects of construction, welding, and pipefitting, Mr. Flack performs the majority of his work for Leighton in the Inland Empire and surrounding areas. Mr. Weimer has more than 20 years of extensive experience as inspector of public works and commercial construction. His responsibilities include overseeing construction management projects for welding/bolting, masonry and concrete placement. He gives emphasis on quality control and cost savings to his clients. Leighton 281Page Copies of Staff Registrations and Certifications Licensee Name: CHANDRA DJAN License Type: GEOTECHNICAL ENGINEER License Number: 2376 License Status: CLEAR Expiration Date: June 30, 2019 Address: 3 WATERWAY City: IRVINE State: CA Zip: 92614 County: ORANGE Actions: No Licensee Name: CHE EDWARD License Type: GEOTECHNICAL ENGINE License Number: 2811 License Status: CLEAR Def:nitron Expiration Date: June 30, 2018 Address: 15901 CALTECH CIRCLE City: WESTMINSTER State: CA Zip: 92683 County: ORANGE Actions: No Licensee Name: MARCIA RODERIC License Type: CIVIL ENGINEER License Number: 70150 License Status: CLEAR Expiration Date: September 30, 2018 Address: 197 SOUTH FAIRFIELD LANE City: ORANGE State: CA Zip: 92869 County: ORANGE Actions: No Licensee Name: CHANDRA DJAN License Type: CIVIL ENGINEER License Number: 50068 License Status: CLEAR' Expiration Date: June 30. 2019 . Address: 3 WATERWAY City: IRVINE State: CA Zip: 92614 County: ORANGE Actions: No see Name: CHE EDWARD` Fnse Type: CIVIL ENGINEER en"se Number: 62743 License Status: CLEAR Defnition Expiration Date: June 30, 2018 Address: 15901 CALTECH CIRCLE City: WESTMINSTER State: CA 44 Zip: 92683 County: ORANGE Actions: No First Name Last Name Joel Beckham Guy Kendall Kris Perez Lab(s) 1) Leighton Consulting Inc 17781 Cowan Ave Ste 150 Irvine District 12 1) Leighton Consulting Inc 17781 Cowan Ave.. Ste 150 Irvine District 12 1) Leighton Consulting Inc 17781 Cowan Ave., Ste 150 Irvine District 12 Active CertificationstProficiencies CT 231: Relative Compaction - Nuclear Gage CT 533: Ball Penetration - PCC CT 539: Sampling Fresh Concrete CT 640: Making Cylinders - PCC CT 656: Slump - PCC CT 557: Temperature - PCC CT 231: Relative Compaction - Nuclear Gage CT 231 Relative Compaction - Nuclear Gage Details View v e,, Viev, TL-0111 (Rev. 07-00) CALIFORNIA DEPARTMENT OF TRANSPORTATION Presents this CERTIFICATE OF PROFICIENCY to Rick Fernandez Leighton Consulting Inc. who is qualified to perform the following tests: 125.0 Sampling Highway Materials & Products 231.0 Relative Compaction of Soils & Aggregates (Nuclear) EXPIRES July 26, 2017 July 26, 2017 for: Jimmy Oladokun, District Materials Engineer li by: t, TL-0111 Issued: 26 July 2016 Ashley Shaw IA Phone No.: (714) 374-7863 Certified Independent Assurance IA Certificate No.: 068 note: This certificate is valid as long as the Acceptance Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual. APPROVAL OF SPECIAL INSPECTOR Register No: Expires: Issuance Fee: 1391 711 /2018 $20.00 Inspection Administrator The bearer of this Certificate is authorized to act in the City of Irvine as a Special Inspector of: Asphalt Rick Fernandez ��✓ 17781 Cowan Irvine CA 92614 Signature AMERICAN CONCRETE INSTITUTE This is to certify that GUY W KENDALL has demonstrated knowledge and ability by successfully completing the AC1 Certification requirements and is hereby recognized as an ACI Concrete Field Testing Technician - Grade I Certified Date: 05/14/2016 Expires: 05/14/2021 , \,� �,M Examiner of Record: Renato Kich ACI Managing Director of Certification The Authenticity of this certification can be verified at www. A CICertificalion.org/verify TL-0111 (Rev. 07-00) CALIFORNIA DEPARTMENT OF TRANSPORTATION Presents this CERTIFICATE OF PROFICIENCY to Kris Perez Leighton Consultants who is qualified to perform the following tests: 231.0 Relative Compaction of Soils & Aggregates (Nuclear) 523.0 Flexural Strength of PCC 524.0 Flexural Strength Of Rapid Set Concrete 533.0 Ball Penetration in Fresh Portland Cement Concrete 539.0 Sampling Freshly Mixed Concrete 540.0 PCC Cylinder Fabrication 556.0 Slump of Fresh Portland Cement Concrete 557.0 Temperature of Freshly Mixed Portland Cement Concrete EXPIRES July 26, 2018 September 07, 2017 September 07, 2017 January 07, 2018 January 07, 2018 January 07, 2018 January 07, 2018 January 07, 2018 for: Jimmy Oladokun, District Materials Engineer by: 'k TI; 0111 Issued: 26 July 2017 Ashley Shaw IA Phone No.: (949) 279-8731 Certified Independent Assurance IA Certificate No.: 068 note: This certificate is valid as long as the Acceptance Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual. APPROVAL OF SPECIAL INSPECTOR Register No: Expires: Issuance Fee: 2995 7/1 /2018 $20.00 Inspection Administrator The bearer of this Certificate is authorized to act in the City of Irvine as a Special Inspector of. Asphalt o, + tic 4 Kris Perez 117781 Cowan Irvine CA 92614 Signatu� // TL-0111 (Rev. 07-00) CALIFORNIA DEPARTMENT OF TRANSPORTATION Presents this CERTIFICATE OF PROFICIENCY to Guy Kendall Leighton who is qualified to perform the following tests: 231.0 Relative Compaction of Soils & Aggregates (Nuclear) 533.0 Ball Penetration in Fresh Portland Cement Concrete 539.0 Sampling Freshly Mixed Concrete 540.0 PCC Cylinder Fabrication 556.0 Slump of Fresh Portland Cement Concrete 557.0 Temperature of Freshly Mixed Portland Cement Concrete EXPIRES July 26, 2019 January 07, 2018 January 07, 2018 January 07, 2018 January 07, 2018 January 07, 2018 for: Jimmy Oladokun,(District Materials Engineer (l by: 24� TL-0I I I Issued: 26 July 2017 shley Shaw IA Phone No.: (714) 374-7863 Certified Independent Assurance IA Certificate No.: 068 note: This certificate is valid as long as the Acceptance Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual. INTERNATIONAL CODE COUNCIL GUY KENDALL The International Code Council attests that the individual named on this certificate has satisfactorily demonstrated knowledge as required by the International Code Council by successfully completing the prescribed written examination based on codes and standards then in e,ct, and is hereby issued this certification as: Soils Special Inspector Given this day of August 1, 2016 Certificate No. 8458023 Alex "Cash" Olszowy Ill President, Board of Directors 3 J °t!lty€ii�l 9 l i ijjjC +]+]jj{S{j99((ttII{9 9 f j)(' i 1�1 . This certi(tcate is the property of ICC and must he returned to JCC In the event of suspenvon Of revncotinn Ofthe certip(Ote Dominic Sims Chief Executive Officer i 1 t 1 E P P��E i �� ACI Certification Results Report Report Print Date:5/27/16 ACI Concrete Field Testing Technician - Grade I Testing Session Information: Session: 161785 Exam Date: 05/14/2016 Exam Location: Duarte, CA ACI Sponsoring Group: California Southern Chap ACI Phone:(877) 562-2241 Examiner of Record: Renato Kich Examinee Information Guy W Kendall Certification ID Leighton Group Inc. Apt 8 01130807 1040 E Ocean Blvd Long Beach, CA 90802-5573 Status Information Certification Status: CERTIFIED ACI Concrete Field Testing Technician - Grade I Certification Issue Date: 05/14/2016 Thru 05/14/2021 ACI Comments: Congratulations! You are now Certified. This is an accomplishment you can be very proud of and we will be happy to confirm this credential to anyone upon request. Enclosed is your wallet card and certificate attesting this accomplishment. In addition, a directory of all ACI Certified individuals can be found at www.ACICertification.org. Overall Results Written Examination PASS Performance Overall PASS The Detailed Subtest Results section on next (back) page. TL-01 I 1 (Rev. 07-00) CALIFORNIA DEPARTMENT OF TRANSPORTATION AW ate.~ Presents this CERTIFICATE OF PROFICIENCY to George A. Ruiz Leighton Consulting Inc. who is qualified to perform the following tests: EXPIRES 125.0 Sampling Highway Materials & Products May 25, 2018 216.0 Relative Compaction, Soils & Aggregates May 25, 2018 231.0 Relative Compaction of Soils & Aggregates (Nuclear) May 25, 2018 504.0 Air Content, Freshly Mixed Concrete, Pressure May 25, 2018 518.0 Density of Fresh Concrete May 25, 2018 523.0 Flexural Strength of PCC May 25, 2018 524.0 Flexural Strength Of Rapid Set Concrete May 25, 2018 533.0 Ball Penetration in Fresh Portland Cement Concrete May 25, 2018 539.0 Sampling Freshly Mixed Concrete May 25, 2018 540.0 PCC Cylinder Fabrication May 25, 2018 556.0 Slump of Fresh Portland Cement Concrete May 25, 2018 557.0 Temperature of Freshly Mixed Portland Cement Concrete May 25, 2018 for: Jimmy O ad un, a 51a ngineer by: M TL-0111 Issued: 25 May 2016 ajid Fahrtosh IA Phone No.: (562) 345-3147 Certified Independent Assurance IA Certificate No.: 112 note: This certificate is valid as long as the Acceptance Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual. AMERICAN CONCRETE INSTITUTE This is to certify that BRANDON L THOMAS has demonstrated knowledge and ability by successfully completing the ACI Certification requirements and is hereby recognized as an ACI Concrete Field Testing Technician - Grade I Certified Date: 09/20/2014 Expires: 09/20/2019 Examiner of Record: Mr Clifford R Ohlwiler ACI Managing Director of Certification The Authenticity of this certification can be verified at www. ACICertification .org/verijy TL-0111 (Rev. 07-00) .1 CALIFORNIA DEPARTMENT OF TRANSPORTATION AW mrmbson. Presents this CERTIFICATE OF PROFICIENCY to Brandon Thomas Leighton Consulting Inc. who is qualified to perform the following tests: EXPIRES 125.0 Sampling Highway Materials & Products May 25, 2018 216.0 Relative Compaction, Soils & Aggregates May 29, 2017 231.0 Relative Compaction of Soils & Aggregates (Nuclear) May 25, 2018 504.0 Air Content, Freshly Mixed Concrete, Pressure May 25, 2018 518.0 Density of Fresh Concrete May 25, 2018 523.1 Flexural Strength of PCC (Fabrication Only) May 25, 2018 533.0 Ball Penetration in Fresh Portland Cement Concrete May 25, 2018 539.0 Sampling Freshly Mixed Concrete May 25, 2018 540.1 PCC Cylinder Fabrication May 25, 2018 556.0 Slump of Fresh Portland Cement Concrete May 25, 2018 557.0 Temperature of Freshly Mixed Portland Cement Concrete May 25, 2018 116 for: Jimmy by: . • TL-0111 Issued : 25 May 2016 ajid Fahrtosh IA Phone No.: (562) 345-3147 Certified Independent Assurance IA Certificate No.: 112 note: This certificate is valid as long as the Acceptance Tester complies with applicable requirements in Caltrans Independent Assurance Program Manual. AMERICAN CONCRETE INSTITUTE This is to certify that GEORGE A RUIZ has demonstrated knowledge and ability by successfully completing the ACI Certification requirements and is hereby recognized as an ACI Concrete Field Testing Technician - Grade I Certified Date: 06/28/2014 Expires: 06/28/2019 Examiner of Record: Mr David J Lang ACI Managing Director of Certification The Authenticity of this certification can be verified at www. ACICertification.org/verify Verify ICC Membership and Certification information Page 1 of 3 (httyHwww. iccsafe.org/) My Professional Information: Last, First MI: Weimer,Stacy E Certified under this name: Stacy E Weimer City, State Zip: Colorado Springs, CO 80920 Certification Type (s) : Structural Masonry Special Inspector (expires 06/12/2018) Structural Steel & Welding Special Inspector(expires 06/12/2018) Reinforced Concrete Special Inspector -Legacy(expires 06/12/2028) Structural Steel and Bolting Special Inspector(expires 06/12/2018) RECEIVES MEMBER BENEFITS? NO Upload your image by pressing the 'Upload Your Photo' link on the left side menu. QUICK LINKS Back to Top (http://iccstaff.iccsafe.org/Resources/member-lookup.cfm#top) Feedback (mailto:webmaster@iccsafe.org) http://verify.iccsafe.org/index.php?q=876474 7/5/2016 AWS? American Welding Societyo Certifies that WeOng Inspector James S Flack has compfiedwith the requirements ofAWS QCI, StandardfoYAWS Certification of Wefding Inspectors 13092501 CERTIFICATE NUMBER September 1 2019 EXPIRATION DATE AWS PRESIDENT AWS QUALIFICATION COMMITTEE, CHAIR J-0-7 /%, �- AWS CERTIFICATION COMMITTEE CHAIR INTERNATIONAL CODE COUNCIL JAMES S FLACK The International Code Council attests that the individual named on this certificate has satisfactorily demonstrated knowledge as required by the International Code Council by successfully completing the prescribed written examination based on codes and standards then in effect, and is hereby issued this certification as: Structural Steel and Bolting Special Inspector aq�- Stephen D. Jones, CBO President, Board of Directors 1CC Given this day of August 9, 2014 FE7 No. 827612� This —t,h-fe , the prope rry of WC and must be ntumed to WC is the event of suspension a revocation of the cert*ote. l � , Dominic Sims Chief Executive Officer INTERNATIONAL CODE COUNCIL JAMES S FLACK The International Code Council attests that the individual named on this certificate has satisfactorily demonstrated knowledge as required by the International Code Council by successfully completing the prescribed written examination based on codes and standards then in effect, and is hereby issued this certification as: Spray -applied Fireproofing Special Inspector Given this day of July 10, 2015 Certificate No. 8276122 1;11� _-— Cuy Tomberlin, CBO President, Board of Directors 1CC Dominic Sims Chief Executive Officer INTERNATIONAL CODE COUNCIL JAMES S FLACK The International Code Council attests that the individual named on this certificate has satisfactorily demonstrated knowledge as required by the International Code Council by successfully completing the prescribed written examination based on codes and standards then in effect, and is hereby issued this certification as: 54�- Stephen D. Jones, CBO President, Board of Directors Structural Welding Special Inspector Given this day of August 19, 2014 Certificate No. 8276122 n:, cert#cate is the pmp" o f l= 9W must be rebwnW ro ICC in dw evad of smpension wrevoration of the [ert*ote. Dominic Sims Chief Executive Officer City of Huntington Beach, Public Works Department On -Call Construction Material Testing Services Sample of Field Report Leighton 291Page Daily Field Report Leighton Consulting, Inc. e i e GROUP COMPANY _11— Irvine Office Client: Project: 17781 Cowan Irvine, CA 92614 City Of Huntington Beach 11614.003 Phone: (949) 250-1421 2000 Main Street CityHB/Adams/Atlanta Fax: (949) 250-1114 Huntington Beach, CA 92648 Adams Ave Between Beach Blvd92648 and Newland Huntington Beach, CA Observation Details Date: Thursday 09/07/2017 Location Details: 11614.003 9-07-17 Superintendent: John with the City of Huntington Beach Foreman: Calvin with Hardy and Harper Contractor: Hardy and Harper Observed/Tested: Asphalt placement for Atlanta Avenue Equipment Working: 1- Hopper, 2- steel drum vibratory rollers, 1- water truck. 1- skiploader, 1- Bobcat, 1- pulverizer grinder, 1- street sweeper and asphalt and dump trucks Units: English Activity Number: 3 Author: Fernandez, Richard Geotechnical Engineer: Che, Ed Project Manager: Che, Ed Field Supervisor: Beckham, Joel Technician RF Hours 9.0 Summary of Operations On site at the request of the client to observe and test the asphalt Base course placement along Atlanta Avenue west and east bound lanes from approximate stations 10+88 through 36+12. The existing asphalt was grinded and tacked prior to placement of the asphalt. Compaction effort of the AC was achieved with a vibratory steel drum roller and a finish roller making the final passes. Temperatures taken throughout the day indicated the AC fell within the specified ranges. The AC placement was found to achieve 95% relative compaction or greater at the time the tests were performed and at the tested locations. The maximum density for the asphalt was based on information provided by the batch plant. Flnal test results are pending our laboratory max. Use of plant max is only for information. The city inspector requested we stay for final compaction and approved the overtime charge.Per the request of the city inspector no additional asphalt base samples would be needed. Page 1 of 4 Daily Field Report Leighton Consulting, Inc. Irvine Office Client: Project: 17781 Cowan Irvine, CA 92614 City Of Huntington Beach 11614.003 Phone: (949) 250-1421 2000 Main Street CityHB/Adams/Atlanta Fax: (949) 250-1114 Huntington Beach, CA 92648 Adams Ave Between Beach Blvd92648 and Newland Huntington Beach, CA Bituminous Density Photo Description: Compaction of asphalt placement on eastbound Atlanta Avenue. Looking east. Page 2 of 4 Leighton Consulting, Inc. 17781 Cavan Irvine, CA 92614 Phone: (949) 250-14211 Fax:(949) 250-1114 Bituminous Density Client: Report Date: 9/7/2017 City Of Huntington Beach Test Method: 2000 Main Street Huntington Beach, CA 92648 Project: 11614.003 CityH B/Ada ms/Atlanta Adams Ave Between Beach Blvd92648 and Newland Huntington Beach, CA 23038-OJ Test Results Max Wet Max In Place Probe Min/Max Retest Test Mix Thickness Density Density Density Depth Percent Comp. Gauge Test # Of Date Test Location Material Design (in) (cf) Source (pcf) (in) Comp. %) Remark SN Technician 32 917/17 Asphalt Concrete (AC); Base PG70- 2 150.3 Supplied 146.6 Asphalt 98 95 / 105 30482 Fernandez, Street (ST): Eastbound 10 Value Richard Atlanta Avenue at 12+00 33 9/7/17 Asphalt Concrete (AC); Base PG70- 2 150.3 Supplied 147.3 Asphalt 98 95 / 105 30482 Fernandez, Street (ST): Eastbound 10 Value Richard Atlanta Avenue at 14+00 34 9/7/17 Asphalt Concrete (AC); Base PG70- 2 150.3 Supplied 145.8 Asphalt 97 95 / 105 30482 Fernandez, Street (ST): Eastbound 10 Value Richard Atlanta Avenue at 17+00 35 917/17 Asphalt Concrete (AC); Base PG70- 2 150.3 Supplied 145.2 Asphalt 97 95 / 105 30482 Fernandez, Street (ST): Eastbound 10 Value Richard Atlanta Avenue at 20+50 36 9/7/17 Asphalt Concrete (AC); Base PG70- 2 150.3 Supplied 147.1 Asphalt 98 95 / 105 30482 Fernandez, Street (ST): Eastbound 10 Value Richard Atlanta Avenue at 23+00 37 9/7/17 Asphalt Concrete (AC); Base PG70- 2 150.3 Supplied 148.2 Asphalt 99 95 / 105 30482 Fernandez, Street (ST): Eastbound 10 Value Richard Atlanta Avenue at 25+00 38 9/7/17 Asphalt Concrete (AC); Base PG70- 2 150.3 Supplied 146.9 Asphalt 98 95 / 105 30482 Fernandez, Street (ST): Eastbound 10 Value Richard Atlanta Avenue at 35+50 39 9/7117 Asphalt Concrete (AC); Base PG70- 2 150.3 Supplied 147.2 Asphalt 98 95 / 105 30482 Fernandez, Street (ST): Westbound 10 Value Richard Atlanta Avenue at 15+00 40 9/7/17 Asphalt Concrete (AC); Base PG70- 2 150.3 Supplied 148.1 Asphalt 99 95 / 105 30482 Fernandez, Street (ST): Eastbound 10 Value Richard Atlanta Avenue at 13+25 Page 3 of 4 Leighton Consulting, Inc. Irvine Office 17781 Cowan Irvine, CA 92614 Phone: (949) 250-1421 1 Fax:(949) 250-1114 Bituminous Density Client: Project: Report Date: 9/7/2017 City Of Huntington Beach 11614.003 Test Method: 2000 Main Street CityHB/Adams/Atlanta Huntington Beach, CA 92648 Adams Ave Between Beach Blvd92648 and Newland Huntington Beach, CA 23038-OJ Test Results Test # Retest Of Test Date Test Location Material Mix Design Thickness (in) Max Wet Density (pcf) Max Density Source In Place Density (pcf) Probe Depth (in) Percent Comp. Min/Max Comp. N Remark Gauge SN Technician 41 9/7/17 Asphalt Concrete (AC), Street (ST): Eastbound Atlanta Avenue at 35+00 Base PG70- 10 2 150.3 Supplied Value 147.7 Asphalt 98 95 / 105 30482 Fernandez, Richard Remarks Comments Tests are "Direct Transmission" Method A unless probe depth is noted as "Backscatter" Gauge Information Gauge SN imake Model Density Count Moisture Count Standard Count Date Last Calibration Date Calibrated By 30482 JCPN MC3-Elite 3882 1171 9/7/17 2/13/17 Maurer Technical Service Page 4 of 4 2018 LABORATORY TESTING RATES Leighton METHOD $/TEST METHOD CLASSIFICATION & INDEX PROPERTIES Photograph of sample Moisture content (ASTM D2216) Moisture & density (ASTM D2937) ring samples Moisture & density (ASTM D2937) Shelby tube or cutting Atterberg limits (ASTM D4318) 3 points: -Single point, non -plastic -Atterberg limits (organic ASTM D2487 / D4318) -Visual classification as non -plastic (ASTM D2488) Particle size: -Sieve only 1 /z Inch to #200, (AASHTO T271ASTM C1361ASTM D69131CTM 202) -Large sieve 6 Inch to #200 (AASHTO T27/ASTM C136/ASTM D69131CTM 202) - Hydrometer only (ASTM D422) - Sieve + hydrometer (<-3 inch sieve, ASTM D422) - Percent passing #200 sieve, wash only (ASTM D1140) Specific gravity and absorption of fine aggregate (AASHTO T84/ASTM C128/ASTM D854/CTM 207) Specific gravity and absorption of coarse aggregate (AASHTO T85/ASTM C127/CTM 206) - Total porosity - on Shelby tube sample (calculated from density & specific gravity) - Total porosity - on other sample Shrinkage limits (wax method, ASTM D4943) Pinhole dispersion (ASTM D4647) Dispersive characteristics (double hydrometer ASTM D4221) As -received moisture & density (chunk/carved samples) Sand Equivalent (AASHTO T176/ASTM D2419/CTM 217) COMPACTION & PAVEMENT SUBGRADE TESTS Standard Proctor compaction, (ASTM D698) 4 points: - 4 inch diameter mold (Methods A & B) - 6 inch diameter mold (Method C) Modified Proctor compaction (ASTM D1557) 4 points: - 4 inch diameter mold (Methods A & B) - 6 inch diameter mold (Method C) Check point (per point) Relative compaction of untreated/treated soils/aggregates (CTM 216) Relative density (0.1 ft mold, ASTM D4253, D4254) California Bearing Ratio (CBR, ASTM D1883): - 3 point - 1 point R-Value (AASHTO T190/ASTM D2844/CTM 301) untreated soils/aggregates R-Value (AASHTO T190/ASTM D2844/CTM 301) lime or cement treated soils/aggregates SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM D4972 or CTM 643) Electrical resistivity — single point — as received moisture Minimum resistivity 3 moisture content points (ASTM G187/CTM 643) pH + minimum resistivity (CTM 643) Sulfate content - gravimetric (CTM 417 B Part II) Sulfate screen (Hach®) Chloride content (AASHTO T291/CTM 422) Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643) Organic matter content (ASTM D2974) WEST SHEAR STRENGTH 10 Pocket penetrometer 15 20 Direct shear (ASTM D3080, mod., 3 points): 30 -Consolidated undrained - 0.05 inch/min (CU) 285 40 -Consolidated drained - <0.05 inch/min (CD) 345 150 -Residual shear EM 1110-2-1906-IXA 50 85 (price per each additional pass after shear) 180 Remolding or hand trimming of specimens (3 points) 90 10 Oriented or block hand trimming (per hour) 65 Single point shear 105 135 Torsional shear (ASTM D6467 / ASTM D7608) 820 175 110 CONSOLIDATION & EXPANSION/SWELL TESTS 185 Consolidation (ASTM D2435): 195 70 -Each additional time curve 45 125 -Each additional load/unload w/o time reading 40 Expansion Index (El, ASTM D4829) 130 100 Swell/collapse —Method A (ASTM D4546-A, up to to load/unloads w/o time curves) 290 Single load swell/collapse - Method B (ASTM D4546-B seat, load & inundate only) 105 165 TRIAXIAL TESTS 155 Unconfined compression strength of cohesive soil 135 (with stress/strain plot, ASTM D2166) 126 Unconsolidated undrained triaxial compression test on cohesive 170 210 soils (USACE Q test, ASTM D2850, per confining stress) 90 Consolidated undrained triaxial compression test for cohesive soils, 375 60 (ASTM D4767, CU, USACE R-bar test) with back pressure 105 saturation & pore water pressure measurement (Per confining stress) Consolidated drained triaxial compression test (CD, USACE S test), with volume change measurement. Price per soil type below EM 1110-2-1906(X): 160 - Sand or silty sand soils (per confining stress) 375 215 - Silt or clayey sand soils (per confining stress) 500 - Clay soils (per confining stress) 705 220 - Three -stage triaxial (sand or silty sand soils) 655 245 - Three -stage triaxial (silt or clayey sand soils) 875 65 - Three -stage triaxial (clay soils) 1,235 250 Remolding of test specimens 65 235 HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible -wall permeameter with backpressure 310 500 saturation at one effective stress (EPA 9100/ASTM D5084, 185 falling head Method C): 310 - Each additional effective stress 120 - Hand trimming of soil samples for horizontal K 60 340 Remolding of test specimens 65 Permeability of granular soils (ASTM D2434) 135 Soil suction (filter paper method, ASTM D5298) 400 45 SOIL -CEMENT 45 Moisture -density curve for soil -cement mixtures (ASTM D558) 240 90 Wet -dry durability of soil -cement mixtures (ASTM D559)' 1,205 130 Compressive strength of molded soil -cement cylinder (ASTM D1633)' 60 70 Soil -cement remolded specimen (for shear strength, consolidation, etc.)' 235 30 1 Compaction (ASTM D558 maximum density) should also be performed — 70 not included in above price 245 65 2018 R1/2018 - LAB www.leightongroup.com PAGE 1 of 4 Leighton Fee Schedule CONSTRUCTION MATERIALS LABORATORY TESTING METHOD $/TEST METHOD $!TEST CONCRETE STRENGTH CHARACTERISTICS MASONRY Concrete cylinders compression (ASTM C39) (6° x 12„) 25 Mortar cylinders (2" by 4", ASTM C780) 25 Concrete cylinders compression (ASTM C39) (4° x 8°) 22 Grout prisms (3" by 6", ASTM C1019) 25 Compression, concrete or masonry cores (testing only) <6 inch (ASTM C42) 40 Masonry cores compression, s6" diameter (testing only, ASTM C42) 40 Trimming concrete cores (per core) 20 CMU compression to size 8" x 8" x 16" (3 required, ASTM C140) 45 Flexural strength of concrete (simple beam-3rd pt. loading, ASTM C78/CTM 523) 85 CMU moisture content, absorption & unit weight (6 required, ASTM C140) 40 Flexural strength of concrete (simple beam -center pt. loading, ASTM C2931CTM 523) 85 CMU linear drying shrinkage (ASTM C426) 175 Non shrink grout cubes (2 inch. ASTM C1091C1107) 25 CMU grouted prisms (compression test s8" x 8" x 16". ASTM C1314) 180 Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) 400 CMU grouted prisms (compression test > F x 8' x 16", ASTM C1314) 250 Length of drilled concrete cores (CTM 531) 40 Masonry core -shear, Title 24 (test only) 70 HOT MIX ASHPALT (HMA) Resistance of compacted HMA to moisture -induced damage 2,100 Compression (cost for each, 5 required, ASTM C67) 40 (AASHTO T283/CTM 371) Hamburg Wheel, 4 briquettes (modified) (AASHTO T324) 900 REINFORCING STEEL Superpave gyratory compaction (AASHTO T312/ASTM D6925) 350 Rebar tensile test up to <_ No. 10 bars (ASTM A370) 45 Extraction by ignition oven, percent asphalt (AASHTO T308/ASTM 150 Rebar tensile test > No. 10 bars <_ No. 17, (ASTM A370) 100 D6307/CTM 382) Rebar bend test, up to <_ No. 10 bars (ASTM A370) 45 Ignition oven correction/correlation values (AASHTO T3081ASTM 1,350 Rebar bend test > No. 10 bars <_ No. 17, (ASTM A370) 150 D6307/CTM 382) Extraction by centrifuge, percent asphalt (ASTM D2172) 150 Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775) 45 Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202) 135 Epoxy coated rebar/dowel continuity (Holiday) test (ASTM 65 Stabilometer, S-Value (ASTM D1560/CTM 366) 265 A775) Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM 45 Bituminous mixture preparation (AASHTO R30/CTM 304) 80 A775) Moisture content of HMA (AASHTO T329/ASTM D6037/CTM 370) 60 Tensile strength, <_100,000 pounds axial load (ASTM A370) 45 Bulk specific gravity of compacted HMA, molded specimen or 50 Prestressing wire, tension (ASTM A416) 150 cores, uncoated (AASHTO T166/ASTM D2726/CTM 308) Sample preparation (cutting) 50 Bulk specific gravity of compacted HMA, molded specimen or 55 Resistance Butt -Welded Hoops/Bars, up to No. 10 (CTM 180 cores, paraffin -coated (AASHTO T275/ASTM D1188/CTM 308) 670) Maximum density - Hveem (CTM 308) 200 Post -Tensioned Bars (ASTM A772) 420 Theoretical maximum density and specific gravity of HMA 130 (AASHTO T209/ASTM D2041/CTM 309) SPRAY APPLIED FIREPROOFING Thickness or height of compacted bituminous paving mixture 40 Unit weight (density, ASTM E605) 60 specimens (ASTM D3549) Rubberized asphalt (add to above rates) + 25% BEARING PADS/PLATES AND JOINT SEAL Elastomeric Bearing Pads (Caltrans SS 51-3) 990 AGGREGATE PROPERTIES Elastomeric Bearing Pad with Hardness and Compression 1230 Bulk density and voids in aggregates (AASHTO T19/ASTM C29/ CTM 212) 50 Tests (Caltrans SS 51-3) Organic impurities in fine aggregate sand (AASHTO T21/ASTM C40/CTM 213) 60 Type A Joint Seals (Caltrans SS 51-2) 1620 LA Rattler -smaller coarse aggregate <1.5" (AASHTO T96/ASTM C131/ 200 Type B Joint Seals (Caltrans SS 51-2) 1530 CTM 211) Bearing Plates (A536) 720 LA Rattler -larger coarse aggregate 1-3° (AASHTO T96/ASTM C535/CTM 211) 250 Apparent specific gravity of fine aggregate (AASHTO T84/ASTM 130 STREET LIGHTS/SIGNALS C128/ CTM 208) 10OW HPS Lighting (Caltrans RSS 86) 1296 Clay lumps, friable particles (AASHTO T112/ASTM C142) 175 SAMPLE TRANSPORT $/TRIP Durability Index (AASHTO T210/ASTM D3744/CTM 229) 200 Moisture content of aggregates by oven drying (AASHTO T255/ 40 Pick-up & delivery (weekdays, per trip. <50 mile radius from Leighton 90 ASTM C5661CTM 226) office) Uncompacted void content of fine aggregate (AASHTO T304/ 130 ASTM C1252/ CTM 234) Percent of Crushed particles (AASHTO T335/ASTM D5821/CTM 205) 135 Flat & elongated particles in coarse aggregate (ASTM 215 D4791/CTM 235) Cleanness value of coarse aggregate (CTM 227) 210 Soundness, magnesium (AASHTO T104/ASTM C88/CTM 214) 225 Soundness, Sodium (AASHTO T104/ASTM C88/CTM 214) 650 2018 R1/2018 - LAB www.leightongroup.com PAGE 2 of 4 Leighton Fee Schedule EQUIPMENT, SUPPLIES & MATERIALS $/UNIT $UUNIT 1/4 inch Grab plates 5 each Manometer 25 day 1/4 inch Tubing (bonded) 0.55 foot Mileage (IRS Allowable) 0.545 mile 1/4 inch Tubing (single) 0.35 foot Moisture test kit (excludes labor to perform test, ASTM E1907) 60 test 3/8 inch Tubing, clear vinyl 0.55 foot Nuclear moisture and density gauge 88 day 4-Gas meter (RKI Eagle or similar)/GEM 2000 130 day Pachometer 25 day Air flow meter and purge pump (200 cc/min) 50 day Particulate Monitor 125 day Box of 24 soil drive -sample rings 120 box pH/Conductivity/Temperature meter 55 day Brass sample tubes 10 each Photo -Ionization Detector (PID) 120 day Caution tape (1000-foot roll) 20 each Pump, Typhoon 2 or 4 stage 50 day Combination lock or padlock 11 each QED bladder pump w/QED control box 160 day Compressed air tank and regulator 50 day Resistivity field meter & pins 50 day Concrete coring machine (!56-inch-dia) 150 day Slip / threaded cap, 2-inch or 4-inch diameter, PVC Scheduie 40 15 each Consumables (gloves, rope, soap, tape, etc.) 35 day Slope inclinometer 200 day Core sample boxes 11 each Soil sampling T-handle (Encore) 10 day Crack monitor 25 each Soil sampling tripod 35 day Cutoff saws, reciprocating, electric (Sawzall®) 75 day Stainless steel bailer 40 day Disposable bailers 12 each Submersible pump, 10 gpm, high powered Grunfos 2-inch with 160 day Disposable bladders 10 each controller Dissolved oxygen meter 45 day Submersible pump/transfer pump, 10-25 gpm 50 day DOT 55-gallon containment drum with lid 65 each Support service truck usage (well installation, etc.) 200 day Double -ring infiltrometer 125 day Survey/fence stakes 8 each Dual -stage interface probe 80 day Tedlar® bags 18 each Dynamic Core Penetrometor 400 day Traffic cones (s25)/barricades (single lane) 50 day Generator, portable gasoline fueled. 3,500 watts 90 day Turbidity meter 70 day Global Positioning System/Laser Range Finder 80 day Tyvek® suit (each) 18 each Hand auger set 90 day Vapor sampling box 55 day HDPE safety fence (!5100 feet) 40 roll Vehicle usage (carrying equipment) 20 hour Horiba U-51 water quality meter 135 day VelociCalc 35 day Light tower (towable vertical mast) 150 day Visqueen (20 x 100 feet) 100 roll Magnahelic gauge 15 day Water level indicator (electronic well sounder) <300 feet 60 day deep well ZIPLEVEL® 15 day Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site 2018 R1/2018 - LAB www.leightongroup.com PAGE 3 of 4 TERMS & CONDITIONS Expiration: This fee schedule is effective through December 31, 2018 after which remaining work will be billed at then -current rates. Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in the attached proposal. Prevailing Wages: Our fees for prevailing wage work based upon California prevailing wage laws and wage determinations. Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on -site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work 8 hours: 8-hour minimum charge for over four hours of work, up to eight hours. Project time accrued includes portal to portal travel time. Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses, project -specific supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 18%, unless billed directly to and paid by client. Insurance & Limitation of Liability: These rates are predicated on standard insurance coverage and a limit of Leighton's liability equal to our total fees for a given project. Leighton Fee Schedule ■ Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of 1'/z- percent per month will be charged for late payment. Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical-laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. Construction Material Samples: After all designated 28-day breaks for a given sample set meet specified compressive or other client -designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. All other construction materials will be disposed of after completion of testing and reporting 2018 R1/2018 - LAB www.leightongroup.com PAGE 4 of 4 L—I A„ htxncc P,, m.J e, Slxnual EXHIBIT9-D DBE Contract Goal D2ateria1 Testing Consultant (it, of If tinglon Beach \'arimrs Imprm ement Project, Item No. A rox. PP Quant Maas. Unit Item Description Unit Price Total Likelyto be Performed b Y Sub -contractor (YQYes)? Trucking or Supply of Material Involved YmYes 7 Work Category Code {enter a code if corresponding cell in either CoPimn G or H is "V") Number of Available DBEs OBE Work Factor (input a percentage only if the number of available DBEs > 9) DBE Work Dollar Amount Comment 1 1 LS j Field Material Testing $ 180.000 00 $ 180.000.00 N N $0 00 2 1 LS Laboratory Material Testing $ 40,000.00 $ 40,000.00 N - N $0.00 3 1 LS Project Management and Data Review $ 26,000.00 $ 26 000.00 N N $0 00 4 1 LS Clerical $ 4,000.00 $ 4.000,00 N N $0 00 TOTAL $250,000.00 Work Code Category TOTAL DBE $0.00 WORK AMOUNT DBE Goal 0 Pu"2of2 Derember 30, 2014 Local Assistance Procedures Manual EXHIBIT 10-Hl Cost Proposal EXHIBIT 10-HI COST PROPOSAL Page 1 of ACTUAL COST -PLUS -FIXED FEE OR I,IIMP SIJM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark-ups are Not Allowed ® Prime Consultant ❑ Subconsultant Consultant Leighton Consulting Inc. Project No. DIRECT LABOR Contract No. RFQ 2017-1128B Date 10/15/18 Classification/Title Name Hours Actual Hourly Rate Total (Sr. Principal) (Associate Engineer) Dian Chandra TBD $ 112.63 $ TBD Edward Che TBD $ 68.90 $ TBD (Materials Manager) Roderick Marcia TBD $ 69.75 $ TBD (Project Admin) (PW Technician) TBD TBD $ 25.50 $ TBD TBD TBD $ 46.08 $ TBD (PW Inspector) TBD TBD $ 47.86 $ TBD LABOR COSTS a) Subtotal Direct Labor Costs $ TBD b) Anticipated Salary Increases (see page 2 for calculation) $ TBD INDIRECT COSTS d) Fringe Benefits (Rate: 51 %) f) Overhead (Rate: %) c) TOTAL DIRECT LABOR COSTS [(a) + (b)] S TBD e) Total Fringe Benefits [(c) x (d)] $ g) Overhead [(c) x (f)] h) General and Administrative (Rate:132.9%) i) Gen & Admin [(c) x (h)] $ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] S TBD FIXED FEE k) TOTAL FIXED FEE [(c) + 0)] x fixed fee 10 %] S TBD 1 CONSULTANT'S OTHER DIRECT COSTS (ODC) — ITEMIZE Add additional pages if nee ssar Description of Item Quantity Unit Unit Cost Total Travel/Mileage Costs TBD TBD $0.54 TBD Laboratory Testing TBD TBD See attached TBD Nuclear Moisture & Density Gauge TBD TBD $88 TBD 1) TOTAL OTHER DIRECT COSTS m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: TBD $ TBD Subconsultant 2: $ Subconsultant3: $ Subconsultant 4: $ m) TOTAL SUBCONSULTANTS' COSTS _ $ n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(I)+(m)] $ TBD TOTAL COST [(c) + 0) + (k) + (n)] $ TBD NOTES: 1. All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Indirect cost rates should be based on consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation (page 2) must accompany. Page 1 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-HI COST PROPOSAL Page 2 of ACTuAi. COST-PI.IIS-FIXED FEE OR LAMP Sum (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $250,000.00 5000 = $50.00 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Year 1 $50.00 Year 2 $51.00 Year 3 $52.02 Year 4 $53.06 Proposed Escalation + 2% _ + 2% _ + 2% _ + 2% _ $51.00 Year 2 Avg Hourly Rate $52.02 Year 3 Avg Hourly Rate $53.06 Year 4 Avg Hourly Rate $54.12 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1 Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2 Year 3 15.0% * 5000 = 750 Estimated Hours Year 3 Year 4 15.0% * 5000 = 750 Estimated Hours Year 4 Year 5 10.0% * 5000 = 500 Estimated Hours Year 5 Total 100% Total = 5000 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1 $50.00 x 1000 = $50,000.00 Estimated Hours Year 1 Year 2 $51.00 x 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 x 750 = $39,015.00 Estimated Hours Year 3 Year 4 $53.06 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54.12 500 = $27,060.80 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $257,871.10 Direct Labor Subtotal before Escalation = $250,000.00 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10 NOTES: I . This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-HI COST PROPOSAL Page 3 of I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: I . Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. J:itle.,,;?3_. United States_C1 i?_- Letting of Contracts 4. 48 Code o14ederal Rcgulations Part 31 - Contract Cost Principles and Procedures 5. 2:j,_C,`,ode__ofFederal ReMul�ltio3as._Pairt.....i..,72- Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Re_,ulations._Part 9904 - Cast AcCOUnti.ngStandards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Name: Dian Chandra Signature F Email: dchandraAlei ghtongroup.com Address: 17781 Cowan Irvine CA 92614 Title *: Vice President Date of Certification (mm/dd/yyyy): 10/15/18 Phone Number: 949-681-4 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: • Geotechnical observation and testing • aoeciai inspection ana maieriais Less Page 3 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 'COST PROPOSAL. Page 1 uf'3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS-NEEDII-D CONTRACTS) {NON- PREVAILING WAGE CONSTRUCTION ENGINEERING AND INSPFC r1ON CONTRACTS) Note: Mark-ups are Not Allowed Consultant Leighton Consulting, Inc. ❑ X Prime Consultant ❑ Subconsultant Project No. For Combined Rate For Home Office Rate For Field Office Rate Contract No. RFO 2017-1 1288 1} zi i;, ; , ; Afflk.W FFzI �._. __. Date 10/15/18 Fringe Benefit 5 1 % - General &Administrative 132,9% = 1819 %Combined OR Fringe Benefit % + General &Administrative % Home Office ICR% Fringe Benefit %n + General &Administrative % = Field Office ICR% BILLING, INFORMATION Fee = 10% CALCULATION INFORMATION Name/.iobTitle/Classification' Hourly Billing Rates` Effective Date of Hourly Rate Actual or Avg, % or $ Hourly Range - Straight` OT(i.5x) OT(2x) From To Hourly Rate' Increase or Classifications Only Djan Chandra —Sr. Principal S352 $352 $352 01/01/2018 12/31/2018 $1 12.63 Not Applicable S366 $366 $366 01/01/2019 12/31/2019 $117,14 4% $380 $380 $380 01/01/2020 12/31/2020 $121,82 4% Edward Che— Associate Engineer $215 $215 $215 01/01/2018 12/31/2018 S68.90 Not Applicable $224 $224 $224 01/01/2019 12/31/2019 S71.66 4% $233 S233 S233 01/01/2020 12/31/2020 $74.52 4% Roderick Marcia — MaterialsTesting $218 S218 S218 01/01/2018 12/31/2018 $69.75 Not AppIicable Manager $227 $227 S227 01/01/2019 12/31/2019 $72.54 4% $236 $236 S236 01/01/2020 12/31/2020 $75.44 1 4% Project Administrator S80 $93 $106 01/01/2018 12/31/2018 $25.50 $83 $96 $110 01/01/2019 12/31/2019 $26.52 4.0%4 $86 $100 $114 01/01/2020 12/31/2020 $27.58 4.0% Page 4 of 9 January 2018 al Assistance Procedures Manual Qrr r INIr: D TU"DhA A rrrel,1 CA1 t-1 it AT1Clhl tNIPr1RAAATT M EXHIBIT 10-11-12 Cost Proposal Name/Job Title/Class ification' Hourly Billing Rates' Straight' OT(1.5x) OT(2x) Effective Date of Hourly Rate From To Actual or Avg. Hourly Rate' % or $ Increase hourly Range - lor Classifications Only PW Technician $144 $167 $190 01 /01 /2018 12/31/2018 $46.08 $150 $174 $198 01101/2019 12/31 /2019 $47.92 4.0% $156 $180 $206 01 /01/2020 12/31 /2020 $49.84 4.0% PW Inspector $150 $174 $198 01 /01/2018 12/31/2018 $47.86 $155 $180 $205 01 /01/2019 12;'3112019 $49r77 4.0% $162 $189 $214 01/01/2020 12/31/2020 $51.77 4.0% NOTES: I. All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. 3. Billing rate = actual hourly rate * ( I + ICR) * (1+ Fee). Indirect cost rates should be based on the consultant's annual accounting period, established by a cognizant agency or accepted by Cal trans. All costs must comply with the Federal cost principles for reimbursement. 4, For named employees and key personnel enter the actual hourly rate. For classifications only. enter the Average Hourly state for that classification. Page 5 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal E HIBIT 10-H2 COST PROPOSAL Page 2 of 3 SPECIFic R.ATF OF COMPENSATION (USE FOR ON -CALL. OR .AS-NI-EDE-D CONTRACTS) (CONSTRUCT ON ENGINEERING AND INSPECTION CON TRACTS) Consultant Lei hton Consultir1 Inc. ❑ X Prime Consultant ❑ Subconsultant Project No. Contract No. RFQ 2017-1128B Date 10/1 SI18 SCHEDULE OF OTHER DIRECT GUST ITEMS (Add additional pages as necessary) Description of Itern Quantity Unit Unit Cost Total Travel/Mileage Costs TBD TBD $0.54 TBD Laboratory Testing TBD TBD See attached TBD Nuclear Moisture & Density Gauge TBD TBD $88 TBD Subcorlsultant 1: TBD Subconsultant 2: $ Note: Add additional pages if necessary. N0'FES: I. List other direct cost items with estimated costs. I'hese costs should be competitive in their respective 'industries and supported with appropritite documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items when incurred for the same purpose. in like circumstance, should not he included in any indirect cost pool or irr the overhead rate. 4. Items such as special tooling, will he reimbursed at actual cost with supporting, documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. b_ 1-ravel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. 7. If mileage is claimed, the rate should be properly supporters by the consultant's calculation of their actual costs for company vehicles. In addition. the miles claimed should be supported by mileage logs. H. If consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used I'm the same purpose. 9. The cost proposal f€ tmat shall not be amended. All costs must comply with the Federal cost principles. 10. Add additional pages ff necessan. 11. Subconsultants must provide their own cost proposals. Page 6 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. l itle 23 United States Code Section 112 - Letting of Contracts 10. 48 Code Federal_._Regt lat Ons_Part_31._..- Contract Cost Principles and Procedures 11. 23 Code ofFecicral Retti.ilations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Reutilations Part 9904 - Cost Accountin<, Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are ,noncompliant with the federal and state requirements are not eligible for reimbursement. Name: Dian Chandra Signature Email: dchandraglei h� tongroup.com Address: 17781 Cowan Irvine CA 92614 Title*: Vice Presi Date of Certification (mm/dd/yyyy): 10/15/18 Phone Number: 949-681-4267 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: • Geotechnical observation and testing • Special inspection and materials testing Page 7 of 9 January 2018 Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal EXHIBIT I0-H3 COST PROPOSAL Page 1 of COST PER UNIT OF WORK CONTRACTS (GEOTECHNICAL AND MATERIAL TESTING) Note: Mark-ups are Not Allowed ® Prime Consultant ❑ Subconsultant Consultant Leighton Consulting, Inc. Project No. Contract No. RFO 2017-1128B Date 10/15/18 Unit/Item of Work: Soil Sampling; Field Density Testing of Soil, Base, and Asphalt Concrete; Geotechnical Field Observations; Laboratory Testing of Soil/Base/AC; Concrete Sampling and Field Testing; Laboratory Testing of Construction Materials; Special Inspection for Reinforced Concrete, Masonry, Shoterete, Post -Installed Anchors, Structural Steel Welding, High -Strength Bolting, Spray -Applied Fireproofing, and Post -Tensioned Concrete; Associated Project Management, Project Administration, Technical Review, and Report Preparation. N I : on Hours Billing Hourly Rate ($) Total ($) Professional (Classification)* Dian Chandra, PE GE Sr. Principal) TBD $353 TBD Edward Che PE GE Associate TBD $216 TBD Roderick Marcia PE Material Testing Manager) TBD $219 TBD Project Administrator/Dispatch TBD $80 TBD ** Technicians PW (Non -Exempt) TBD $145 TBD Special Inspector PW (Non -Exempt) TBD $150 TBD EQUIPMENT (with Operator) Cnnsnitant's Other Direct Costs (ODC) — Itemize: TBD TBD TBD Descri tion of Item Quantity Unit Unit Cost Total Travel/Mileage Costs TBD TBD $0.54 TBD Laboratory Testing TBD TBD See attached fee schedule TBD Nuclear Moisture & Density Gauge TBD TBD $88 TBD Subconsultant l: TBD TBD Subconsultant 2: Note: Attach additional pages if necessary. TOTAL COST PER UNIT OF WORK $ TBD NOTES: I . All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. 2. Hourly billing rates should be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public). 3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items. 4. ODC items shall be based on actual costs and supported by historical data and other documentation. 5. ODC items that would be considered "tools of the trade" are not reimbursable. 6. Billing Hourly Rates must be actual, allowable, and reasonable. Page 8 of 9 January 2018 Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal EXHIBIT 10-H3 COST PROPOSAL Page of I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 13. Generally Accepted Accounting Principles (GAAP) 14. Terms and conditions of the contract 15. Title 23 Unit—e—d _States(,'odeSection l 1.2W Letting of Contracts 16. 48 Code of l,edcral Re.t7ulations Part 31 - Contract Cost Principles and Procedures 17. 23 C.ode of Federal..._Regulatio��s._Pail _1.72 - Procurement, Management, and Administration of Engineering and Design Related Service 18. 48 Code of Federal Re uiati_on Part 9904 - Cost Accounting Standards Botrd_(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Name: Dian Chandra Title*: Vice President Signature Date of Certification (mm/dd/yyyy): 10/15/18 l Email: dchandraalei hg ton„rg_oup.com Phone Number: 949-681-4267 Address: 17781 Cowan Irvine CA 92614 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: • Geotechnical observation and testing • Special inspection and materials testing Page 9 of 9 January 2018 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1. Local Agency: 2. Contract DBE Goal: 3. Project Description: 4. Project Location: 5. Consultant's Name: 6. Prime Certified DBE: ❑ 7. Description of Work, Service, or Materials Supplied 8. DBE Certification Number 9. DBE Contact Information o 10. DBE /o Local Agency to;Goinplete this Section :-�- 11. TOTAL CLAIMED DBE PARTICIPATION 17. Local Agency Contract Number: 18. Federal -Aid Project Number: 19. Proposed Contract Execution Date: Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 20. Local Agency Representative's Signature 21. Date 22. Local Agency Representative's Name 23. Phone 24. Local Agency Representative's Title IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. 12. Preparer's Signature 13. Date 14. Preparer's Name 15. Phone 16. Preparer's Title DISTRIBUTION: Original — Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page l of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment INSTRUCTIONS — CONSULTANT PROPOSAL DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone nurnber, if the prime is a DBE. 10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. It. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Inforniation - Good Faith Efforts of the LAPM). 12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the infornation in this and the Consultant Section of this form is complete and accurate. 21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 22. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 23. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment fora. 24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment forn. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment 1. Local Agency: 3. Project Description: 4. Project Location: 5. Consultant's Name: EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 8. Total Dollar Amount for ALL Subconsultants: 2. Contract DBE Goal: 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: 9. Total Number of ALL Subconsultants: 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Local Agency to CompletethisSection,, 20. Local Agency Contract ^I—h., 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 22. Contract Execution % natP Local Agency certifies that all DBE certifications are valid and information on IMPORTANT Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non -DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to detennine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount''). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the infornation in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity ❑ Prime ESubawardee Tier , ifknown Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. Name and Address of Lobbv Entity (If individual. last name, first name, Mf) 12 13 15 For Material Change Only: year quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: 11. Individuals Performing Services (including address if different from No. 10) (last name. first name, MI) (attach Continuation Sheets) ifnecessary) Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) S actual ❑ planned a. retainer b. one-time lee Form of Payment (check all that apply): c. commission ®a. cash d. contingent fee b. in -kind: specify: nature e deferred Value f: other. specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employce(s), or member(s) contacted, for Payment Indicated in Item 12: (attach Continuation Sheets) if necessary) 16. Continuation Sheet(s) attached: Yes ❑ No 17. Information requested through this torn is authorized by Title 31 U.S.C. Section 1352_ This disclosure of lobbying reliance Signahtre: was placed by the tier above when his transaction was made or entered into This disclosure is required pursuant to 31 U S C Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection Any person who fails to file the required disclosure shall be subject hitle: to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure Telephone No.: Date: Federal Use Only: Standard Fonn 1,1,1. Rev. 04-28-06 Distribution: Ong- Local Agency Project Files Authorized for local Reproduction Standard Form - LLL Page 1 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered lcderal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered lcderal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address; city, state; and zip code of the reporting entity. Include Congressional District if known_ Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subavvard recipient. Identify the tier of the subawardee, e.g.,_ the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, ifknoNm. 6. Enter the name of the lcderal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item I). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request ]or Proposal (REP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name, address, city, state. and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the Lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. I f payment is made through an in -kind contribution, specity the nature and value of the in -kind payment. 14. Check all boxes that apply. I f other, specify nature. 15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identity the federal officcr(s) or employce(s) contacted or the officcr(s) cmployee(s) or Member(s) of Congress that were contacted. 16. Check whether or not a continuation shcet(s) is attached. 17. The certifying official shall sign and date the form, and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources; gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LLL-Instructions Rev.06-04 Page 2 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language EXHIBIT 10-R A &E SAMPLE CONTRACT LANGUAGE (For Local Assistance Federal -aid Projects) NOTE TO LOCAL AGENCY- BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS CONTRACT LANGUAGE IS ONLY SUGGESTED LANGUAGE. MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT. TABLE OF CONTENTS A&E SAMPLE CONTRACT LANGUAGE Article Subject Page ArticleI Introduction................................................................................................................................2 Article11 Statement of Work.....................................................................................................................2 Article III Consultant's Reports or Meetings..............................................................................................4 Mandalou Fiscal and Federal provisions (,e,rbatim) Article IV Performance Period....................................................................................................................4 Article V Allowable Costs and Payments..................................................................................................4 ArticleVI Termination................................................................................................................................8 Article VII Cost Principles and Administrative Requirements....................................................................8 Article VIII Retention of Records/Audit.......................................................................................................9 Article IX Audit Review Procedures..........................................................................................................9 ArticleX Subcontracting.........................................................................................................................10 ArticleXI Equipment Purchase................................................................................................................I I Article X I I State Prevailing Wage Rates.................................................................................................... i l Article XIII Conflict of Interest...................................................................................................................12 Article XIV Rebates, Kickbacks or other Unlawful Consideration............................................................. 12 Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying ......................12 Article XVI Statement of Compliance.........................................................................................................13 Article XVI I Debarment and Suspension Certification.................................................................................14 Miscellaneous provisions Article XVIII Funding Requirements.............................................................................................................14 ArticleXIX Change in Terms......................................................................................................................14 Article XX Disadvantaged Business Enterprises (DBE) Participation.......................................................15 ArticleXXI Contingent Fee.........................................................................................................................16 ArticleXXII Disputes...................................................................................................................................16 ArticleXXIII Inspection of Work..................................................................................................................16 ArticleXXIV Safety.......................................................................................................................................17 ArticleXXV Insurance..................................................................................................................................17 ArticleXXVI Ownership of Data...................................................................................................................18 Article XXVII Claims Filed by LOCAL AGENCY'S Construction Contractor.............................................18 Article XXVIII Confidentiality of Data............................................................................................................19 Article XXIX National Labor Relations Board Certification.........................................................................19 Article XXX Evaluation of Consultant.........................................................................................................19 ArticleXXXI Retention of Funds...................................................................................................................19 ArticleXXXII Notification..............................................................................................................................21 ArticleXXXIII Contract....................................................................................................................................21 ArticleXXXIV Signatures.................................................................................................................................21 Page I of 21 August 2016 Local Assistance Procedures Manual ARTICLE I INTRODUCTION EXHIBIT 10-R A&E Sample Contract Language A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY: The name of the "CONSULTANT" is as follows: Incorporated in the State of (NAME OF STATE) The Project Manager for the "CONSULTANT" will be (NAME The name of the "LOCAL AGENCY" is as follows: The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this contract is described in Article 11 entitled Statement of Work and the approved CONSULTANT'S Cost Proposal dated (DATE). The approved CONSULTANT's Cost Proposal is attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence. C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of CONSULTANT. D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY. E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULTANT either in whole or in part. F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. G. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE II STATEMENT OF WORK (INSERT APPROPRIATE STATEMENT OF WORK INCI. UDING A DESCRIPTION OF T I-1E DELI VERABLES) A. Consultant Services Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in consultant contract should be included. Describe acceptance criteria, and if the responsible consultant/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the contract including registration number. Page 2 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Environmental documents are not considered complete until a Caltrans District Senior Enviromnental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision [see Chapter 6, "Environmental Procedures" in the LAPM, and the Standard Environmental Reference]. B. Right of Way State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way plots are to be furnished. C. Surveys State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys. D. Subsurface Investigations State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference. E. Local Agency Obligations All data applicable to the project and in possession of LOCAL AGENCY or another agency, or government that are to be made available to CONSULTANT are referred to in the contract. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly. F. Conferences, Visits to Site, Inspection of Work The contract provides for conferences as needed, visits to the site, and inspection of the work by representatives of the state, or FH WA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee. G. Checking Shop Drawings For contracts requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the contract fee, or provision may be made for separate payment. H. Consultant Services During Construction The extent, if any of CONSULTANT's services during the course of construction as material testing, construction surveys. etc., are specified in the contract together with the method of payment for such services. I. Documentation and Schedules Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the contract objectives. J. Deliverables and Number of Copies The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies. Page 3 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE III CONSULTANT'S REPORTS OR MEETINGS (Choose either Option 1 or Option 2) (Option 1 - Use paragraphs A & B below for standard contracts) A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed, to discuss progress on the contract. (Option 2 - Use paragraphs A & B below for on -call contracts) A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule: to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s). ARTICLE IV PERFORMANCE PERIOD (Verbatim) (A time must beset for beginning and ending the work under the contract. The time allowed_for performing the work is specified; it should be reasonable for the kind and amount ofservices contemplated; and it is written into the contract. ff it is desirable that Critical Path Method (CPM) networks, or other types ofschedules be prepared by CONSULTANT, they should be identified and incorporated into the contract. (Choose either Option 1 or Option 2) (Option 1 - Use paragraphs A & B below for standard and on -call contracts) A. This contract shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The contract shall end on (DATE), unless extended by contract amendment. B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY. (Option 2 - Use paragraph C below in addition to paragraphs A & B above for on -call contracts) C. The period of performance for each specific project shall be in accordance with the Task Order for that project. if work on a Task Order is in progress on the expiration date of this contract, the terms of the contract shall be extended by contract amendment. ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim) (Choose either Option 1, 2, 3, or 4) (Option 1 - Use paragraphs A through J below for Actual Cost -Plus -Fixed Fee contracts. Use Exhibit 10-H, Example 41 for Cost Proposal Format) Page 4 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY's approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "H" shall not be exceeded, unless authorized by contract amendment. B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadj ustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment. C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination. F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract. G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL AGENCY's Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount). 1. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by LOCAL AGENCY's Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. Page 5 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language (Option 2 - For Cost per Unit of Work contracts, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re -letter the remaining paragraphs. Adjust as necessazy for work specific to your project. Use Exhibit 10-H, Example 93 for Cost Proposal Format) A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore. B. The specified rate to be paid for vehicle expense for CONSULTANT's field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow light (if needed), as specified in Article 11 of this contract. The specified rate to be paid for equipment shall be, as listed in Attachment (Insert Attachment Number). C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment -rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and contract is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "I," shall not be exceeded unless authorized by contract amendment. (Option 3 - Use paragraphs A through P for Specific Rates of Compensation coznlz-acts [such as on -call contracts]. Use Exhibit 10-H, Example 42. for Cost Proposal Format) A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTS Cost Proposal (Attachment Number). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this Contract. B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the cost proposal and identified in the cost proposal and in the executed Task Order. C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders. D. After a project to be performed under this contract is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT. E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT's Cost Proposal. F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. Page 6 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. I. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY, and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this contract. J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY. K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract, must be reimbursed by CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (NAME OF LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Contract. M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. (Option 4 - Use paragraphs A through E below for lump sum contracts. Use Exhibit 10-H, Example 4l fbr Cost Proposal Format) A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article 11 Statement of Work of this contract. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum Page 7 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language compensation will not be effective until authorized by contract amendment and approved by LOCAL AGENCY. B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Tennination. C. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract. D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount). ARTICLE VI TERMINATION (Verbatim) A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice to CONSULTANT with the reasons for termination stated in the notice. B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination. unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid to CONSULTANT upon demand. C. The maximum amount for which the LOCAL AGENCY shall be liable if this contract is terminated is dollars. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS (Verbatim) A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Page 8 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY. ARTICLE VIII RETENTION OF RECORDS/AUDIT (Verbatim) For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations.. Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it's certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim) A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement.. shall be reviewed by LOCAL AGENCY'S Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract. (The followingAUDIT CLAUSE must be inserted into all contracts of $750,000 or greater) D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations. CONSULTANT agrees that individual terns of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terns and cause for termination of the contract and disallowance of prior reimbursed costs. (The following AUDIT CLAUSE must be inserted into all contracts of $3,500,000 or greolet). E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans' Audit and Investigation (Caltrans). Caltrans, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the Page 9 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. 1. During a Caltrans' review of the ICR audit work papers created by the CONSULTANT's independent CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I. Provisional rates will be as follows: a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the proposed rate. b. If the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed rate. c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate. 2. If Caltrans is unable to issue a cognizant letter per paragraph E. L above, Caltrans may require CONSULTANT to submit a revised independent CPA -audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans will then have up to six (6) months to review the CONSULTANT's and/or the independent CPA's revisions. 3. If the CONSULTANT fails to comply with the provisions of this Section E. or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA -audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth in paragraph E. L above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this contract. 4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (I) Caltrans approves or rejects the original or revised independent CPA -audited ICR; (2) all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3) Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICETO local agency no later than 60 days after occurrence of the last of these items. The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. ARTICLE X SUBCONTRACTING (Verbatim) A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY'S obligation to make payments to the CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. Page 10 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY. D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY's Contract Administrator prior to the start of work by the subconsultant(s). ARTICLE XI EQUIPMENT PURCHASE (Verbatim) A. Prior authorization in writing, by LOCAL AGENCY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY's Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this contract is subject to the following: "CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. if CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. ARTICLE XII STATE PREVAILING WAGE RATES (Verbatim) (Choose either Option 1 or Option 2) (Option 1 - For contracts where a portion of the proposed work to be performed are crafts affected by state labor laws, use paragraphs A and B) A. CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Page 11 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language (Option 2 - Use only paragraph A below when all of the proposed work in the contract is performed by crafts not affected by state labor laws or are not contemplated.for use) A. The State of California's General Prevailing Wage Rates are not applicable to this contract. Note: The Federal "Payment of Predetermined Minimum Wage" applies only to federal -aid construction contracts. ARTICLE XIII CONFLICT OF INTEREST (Verbatim) A. CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow. B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract. (Choose either Option 1 or Option 2 if'oppropriate) (Option I - Use paragraphs C & D below with paragraphs A & B above fbr PS&E contracts only) C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint -ownership, or otherwise. D. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. (Option 2 - Use paragraphs C, D & E below with paragraphs A & B above.for Construction Contract Administration contracts only) C. CONSULTANT hereby certifies that neither CONSULTANT, its employees, nor any fine affiliated with CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this contract. An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise. D. CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT, will bid on any construction subcontracts included within the construction contract. Additionally, CONSULTANT certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract. E. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing service on this contract shall have provided services on the design of any project included within this contract. ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim) CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. Page 12 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS FOR LOBBYING (Verbatim) (Include this article in all contracts where federal funding wiil exceed S150, 000. If less than S150, 000 in federal ,funds will be expended on the contract; delete this article and re -number the notification article which_follows.) A. CONSULTANT certifies to the best of his or her knowledge and belief that: l . No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. ARTICLE XVI STATEMENT OF COMPLIANCE A. CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate. harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the 5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Page 13 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. (For contracts with Federal funding, add paragraphs C & D) C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of per under the laws of the State of California, that CONSULTANT has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to LOCAL AGENCY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. ARTICLE XVIII FUNDING REQUIREMENTS A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terns, or funding of this contract in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. Page 14 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds. ARTICLE XIX CHANGE IN TERMS A. This contract may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY's Contract Administrator. C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL AGENCY's Contract Administrator. ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. The goal for DBE participation for this contract is %. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit ]0-01), or in the Consultant Contract DBE Information (Exhibit 10-02) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT -assisted agreements. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL AGENCY deems appropriate. D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section. E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f). F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors. G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. Page 15 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. J. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, `'Final Report -Utilization of Disadvantaged Business Enterprise (DBE), First -Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPNI], certified correct by CONSULTANT or CONSULTANT's authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subconsultants" is submitted to the Contract Administrator. K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY's Contract Administrator within 30 days. ARTICLE XXI CONTINGENT FEE CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXII DISPUTES (Choose either Option I or Option 2) (Option I - Use paragraphs A through C below for all contracts without PS&E submittal) A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY's Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT. B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the tenns of this contract. (Option 2 - Replace Paragraph B, above, with the_following for contracts requiring the submission of PS&E) Page 16 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. ARTICLE XXIII INSPECTION OF WORK CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis. ARTICLE XXIV SAFETY (Use on all contracts regardless offundingsource) A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. (Add to all contracts, which may require trenching offtve feet or deeper) D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) pernnit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper. ARTICLE XXV INSURANCE (Choose either Option I or Option 2) (Option I - for Contracts with a scope of services that nnay require the consultant or subconsultant to work within the operating state or Local Agency Highway Right of Way; where there would be exposure to public 11 ffic or construction operations) A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence. B. The Certificate of Insurance will provide: That the insurer will not cancel the insured's coverage without 30 days prior written notice to LOCAL AGENCY. 2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this contract are concerned. Page 17 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language 3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy. C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the contract, or for a period of not less than one (I ) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. in the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event. (Option 2 - For Contracts with a scope of services that will not require the Consultant or subconsultant to work within the operating State or LOCAL AGENCY Highway Right of Way where there would be exposure to public h•affic or construction Consultant operations) CONSULTANT is not required to show evidence of general comprehensive liability insurance. ARTICLE XXV1 OWNERSHIP OF DATA A. Upon completion of all work under this contract, ownership and title to all reports, docu vents, plans, specifications, and estimates produce as part of this contract will automatically be vested in LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY. CONSULTANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by CONSULTANT colder this contract; further, CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 273 - Patent Rights under Government Contracts for federal -aid contracts). E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. ARTICLE XXV11 CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Page 18 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this contract. C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims. ARTICLE XXVIII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY's operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not cornment publicly to the press or any other media regarding the contract or LOCAL AGENCY's actions on the same, except to LOCAL AGENCY's staff, CONSULTANT's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. (For PS&E corrh-acls add paragraph F below, to paragraphs _A through E, above) F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity other than LOCAL AGENCY. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXX EVALUATION OF CONSULTANT CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record. Page 19 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XXXI RETENTION OF FUNDS A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. (Local agency to include either B, C, or D below; delete the other two) B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultants and subconsultants. C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultant and subconsultants. D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within thirty (30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non -DBE prime consultant and subconsultants. Page 20 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XXXII NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: CONSULTANT: (CONSULTANT) (NAME) Project Manager (ADDRESS) LOCAL AGENCY: (LOCAL AGENCY) (NAME) (ADDRESS) ARTICLE XXXIII CONTRACT , Contract Administrator The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terns and conditions of this contract as evidenced by the signatures below. ARTICLE XXXIV SIGNATURES (Name of CONSULTANT) (Signature) (Name of Signer) Date: (Name of LOCAL AGENCY) (Signature) (Name of Signer) Page 21 of 21 August 2016 Company Name AESCO, hnc. Phone 714-375-3830 Annericar, Engineering Laboratories Inc 562-697-4000 Converse Consultants 626-930-1265 Geoco,n West, Inc. 909-894-217 5 ext, 603 GMU Geotechnica�, Inc. 949-888-6513 Harslngto-� Geotechnical D gineering, !�)c 714-637-3093 ln,tertel<-PSi 714-484-8600 K-einfe€der 949-727-4466 ext, 3139 fl� Leighton Consulthng, Inc. 949-250-1421 ext. 8771 Nillyo & Moore 949-753-7070 ext. 2262 RMA Group 909-989-1751 les S!'�'�t�-,-Ernery Labolato�' 714-238-61-33 ext. 209 6 52 -426-3355 VvT' da- Engineering 714-978-8200 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Material Testing & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: AESCO, Inc. OVERALL RANKING: 1 out of 14 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Traffic Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 90 um Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done Experience with Similar Kinds of Work Staffing Capability of Developing Innovative or Advanced Techniques Familiarity with State and Federal Procedures Financial Responsibility Demonstrated Technical Ability Total II. DUE DILIGENCE REVIEW 24 25 17.3 20 12 15 8 10 9.3 10 10 10 9.3 10 901 100 • Clients such as Orange County, City of Huntington Beach, City of Santa Ana, and City of Corona, to name a few AESCO, Inc. —'Summary of Review • AESCO, Inc. has relevant and past experience with the city AESCO,' Inc. —' Pricing • Low end from $5 each for Asphaltic Concrete Cores per inch after 6 inch in depth • High end to $375/Test for Drying Shrinkage Up to 28 Days PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Material Testing & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: Twining, Inc. OVERALL RANKING: 2 out of 14 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Traffic Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 88.3 Twining, Inc. — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done 23.3 25 Experience with Similar Kinds of Work 16 20 Staffing 13 15 Capability of Developing Innovative or Advanced Techniques 9 10 Familiarity with State and Federal Procedures 8 10 Financial Responsibility 10 10 Demonstrated Technical Ability 9 10 Total II. DUE DILIGENCE REVIEW • Clients such as City of Huntington Beach, City of Long Beach, and City of Santa Clarita, to name a few Twining, Inc. — Summary of Review • Twining, Inc. has experience with City of Huntington Beach in the past and has shown innovative and advanced material testing techniques. Twining, Inc. — Pricing • Low end from $10/Hr for Nuclear Gauge • High end to $6,572/Test for Superpave Mix Design, with Rubber (Excluding Aggregate Quality Tests) PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Material Testing & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: Leighton Consulting, Inc. OVERALL RANKING: 3 out of 14 SUBJECT MATTER EXPERTS/RATERS: 9. Contract Administrator 2. Senior Traffic Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 81 Leighton Consulting, Inc. — Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done 22.7 25 Experience with Similar Kinds of Work 15 20 Staffing 13.7 15 Capability of Developing Innovative or Advanced Techniques 5.3 10 Familiarity with State and Federal Procedures 7.7 10 Financial Responsibility 10 10 Demonstrated Technical Ability 6.7 10 Total II. DUE DILIGENCE REVIEW • Clients such as City of Huntington Beach, Irvine Ranch Water District, and City of Newport Beach, to name a few Leighton Consulting, Inc. - Summary of Review Leighton Consulting staff has relevant experience for city's needs Leighton Consulting, Inc. — Pricing • Low end from $0.35/ft for''Y. inch Tubing (single) • High end to $2,100/Test for Compacted AC Resistance to Moist Damage (AASHTO T283) PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On -Call Material Testing & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: Vendor #4 OVERALL RANKING: 4 out of 14 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Traffic Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 76.3 Vendor #4 - Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done 22 25 Experience with Similar Kinds of Work 10.7 20 Staffing 12.7 15 Capability of Developing Innovative or Advanced Techniques 6 10 Familiarity with State and Federal Procedures 8.7 10 Financial Responsibility 10 10 Demonstrated Technical Ability 6.3 10 Total II. DUE DILIGENCE REVIEW • Clients such as Orange County Public Works, County of Los Angeles, and City of Long Beach Vendor #4 — Summary of Review • Vendor #4 has experienced staffing and has worked on many government -related projects Vendor #4 Pricing' • Low end from $10/Test for Sample Disposal • High end to $7,600Frest for Mix Design, Hveem Method WRAP City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk November 28, 2018 Leighton Consulting, Inc. ATTN: Thomas C. Benson, Jr. 17781 Cowen Irvine, CA 92614 Dear Mr. Benson: Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and Leighton Consulting, Inc. for On Call Material Testing and Engineering Services" approved by the Huntington Beach City Council on November 19, 2018. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand