Loading...
HomeMy WebLinkAboutLeighton Consulting, Inc. - 2023-02-07 ee', ��\VINGT> 2000 Main Street, Huntington Beach,CA Fv=1 City of Huntington Beach n / g2s &-D ��our�ry ct'��.✓d File #: 23-095 MEETING DATE: 2/7/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Keegan Olds, Contract Administrator Subject: Approve and authorize execution of three (3) Professional Services Contracts for On-Call Materials Testing and Engineering Services with AESCO, Inc., Leighton Consulting, Inc., and Ninyo & Moore Geotechnical & Environmental Sciences Consultants Statement of Issue: The Public Works Department requires professional materials testing, inspection, and engineering services on an on-call or as-needed basis to support staff for State and Federally funded capital improvement projects, which are identified in the annual Capital Improvement Program (CIP). As such, Public Works advertised a Request for Proposals (RFP), based on federal procurement requirements, for these services and recommends awarding 3 Professional Services Contracts for on -call materials testing and engineering services. Financial Impact: The City's adopted Fiscal Year (FY) 2022/23 CIP Budget totals $59.7 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. As such, no additional funding is required by this action. The three (3) recommended materials testing and inspection contracts, totaling $1.8 million, will be funded within each project's individual CIP budget, as needed. Additionally, materials testing and inspection services provided under these contracts will be reimbursable through State and Federal funding. Recommended Action: * A) Approve and authorize the Mayor and City Clerk to execute a $600,000 "Professional Services Contract Between the City of Huntington Beach and AESCO, Inc. for On-Call Materials Testing and Engineering Services;" and, B) Approve and authorize the Mayor and City Clerk to execute a $600,000 "Professional Services Contract Between the City of Huntington Beach and Leighton Consulting, Inc. for On-Call Materials City of Huntington Beach Page 1 of 3 Printed on 2/1/2023 / f /„ power[6l2,'Legistar File #: 23-095 MEETING DATE: 2/7/2023 Testing and Engineering Services;" and, C) Approve and authorize the Mayor and City Clerk to execute a $600,000 "Professional Services Contract Between the City of Huntington Beach and Ninyo & Moore Geotechnical & Environmental Sciences Consultants for On-Call Materials Testing and Engineering Services." -Gii!/ �rzc.�`-CJi Alternative Action(s). Do not approve the professional services contracts. However, please note that staffing levels and specialized expertise are limited and necessitate additional outside support to complete the budgeted CIPs. The impacts to not having approved and active on-call contracts that are readily available include: • Each project would be required to advertise individual Requests for Proposals to procure support, which would require additional time and staff hours to complete. • When projects have funding that originate from specialized sources (most commonly Federal and State sources), there may be additional procurement requirements placed onto the City tied to those specialized sources. Procuring individual contracts for each capital project and complying with federal/state requirements for every individual project will add staff hours, cost, and time to deliver projects. Analysis: In order to have the ability to obtain reimbursement on federally funded project consultants must be procured using the federal process, which differs from the City normal procurement process and involves Caltrans approval. Therefore, on February 7th, 2022 the City advertised a Request for Qualifications (RFQ) for On-Call Engineering Services featuring 5 sub-categories: Construction Management and Inspection, Material Testing and Inspection, Architectural Engineering, Civil Engineering, and Environmental Engineering. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Eleven (11) proposals were received for the Materials Testing and Inspection sub-category. 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 then evaluated and ranked by the review board. The top three (3) firms were selected in the Materials Testing category to increase opportunity for competitive proposals for future projects from qualified on-call consultants. The three (3) contracts recommended in this Request for Council Action (RCA) are for support staff for the construction of a wide variety of State and Federally-funded 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 contract services are necessary. The City's FY 2022/23 CIP totals $59.7 million in new projects. Typical design and construction City of Huntington Beach Page 2 of 3 Printed on 2/1/2023 powerc6t4 Legistar*" File #: 23-095 MEETING DATE: 2/7/2023 support cost from the use of consultants on a CIP project can vary between ten to twenty percent (10 -20%) of total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual construction consultant costs would be around $9 million to the City for total CIP projects or approximately $27 million over the next three (3) years. Professional materials testing, engineering, and inspection services are typically required for most CIP projects, including streets and transportation, water, sewer, stormwater, parks and beaches, and facility improvement projects. Therefore, these consultants were selected to meet projected State and Federally-funded project workload over the next three years with a total contract limit of $1.8 million. The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract between the City of Huntington beach and AESCO, Inc. for On -Call Materials Testing and Engineering Services 2. Professional Services Contract between the City of Huntington beach and Leighton Consulting, Inc. for On-Call Materials Testing and Engineering Services 3. Professional Services Contract between the City of Huntington beach and Ninyo & Moore Geotechnical & Environmental Sciences Consultants for On-Call Material Testing and Engineering Services 4. Professional Services Award Analysis 5. Professional Services Contracts Presentation City of Huntington Beach Page 3 of 3 Printed on 2/1/2023 power£t4 Leaistar'' PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LEIGHTON CONSULTING, INC. FOR ON-CALL MATERIALS TESTING AND ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LEIGHTON CONSULTING, INC., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call Materials Testing and Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Edward Che, PE, GE who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 22-12025/2967084 1 of 17 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on February 7 , 20 23 (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 Six Hundred Thousand Dollars($600,000.00). 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." 22-12025/2967084 2 of 17 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 A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT'S (or CONSULTANT'S subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 22-12025/2967084 3 of 17 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and at:torney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 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 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 22-12025/2967084 4 of 17 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 22-12025/2967084 5 of 17 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT'S services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 22-12025/2967084 6 of 17 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT'S agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 22-12025/2967084 7 of 17 TO CITY: TO CONSULTANT: City of Huntington Beach Leighton Consulting, Inc. ATTN: Director of Public Works ATTN: Thomas C. Benson Jr. 2000 Main Street 17781 Cowan Huntington Beach, CA 92648 Irvine, CA 92614 17. CONSENT 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 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 22-12025/2967084 8 of 17 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 22-12025/2967084 9 of 17 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 22-12025/2967084 10 of 17 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29. GENERAL PRINCIPALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply generally accepted accounting principles and good business practices. CONSULTANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. 30. NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 22-12025/2967084 11 of 17 1964 (42 U.S.0 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONSULTANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received(31 CFR Part 22). 31. MBE AND WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women owned business enterprises in the City's procurement process. CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the names of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act(15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 22-12025/2967084 12 of 17 (b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 32. DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of a contract. 33. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 22-12025/2967084 13 of 17 satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request. 34. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: 22-12025/2967084 14 of 17 (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local)terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. 36. NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this document, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an 22-12025/2967084 15 of 17 officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her hid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 37. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. 22-12025/2967084 16 of 17 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of LEIGHTON CO : ING, INC. California l ' 11'7 „, -1.--"--) swom4a c. SAWN' I . 'zIffZee& May print nam sq6i4441'W ITS: (circle one)C ' resident ' ' nt City Clerk .2//323 g' AND INITIAT J� AND APPROVED: By: .Ye/---. / /� 6 pk, A l n, / 2Az _ Osel r /�, . .. e w ire' or a U. 0 e s ITS: (circle one Secretary/'hief Financial Officer/Asst. Secretary-Treasurer RE I ED A D APP OVED. City Ma ger APPROVE Z O City Attorn 22-12025/2967084 17 of 17 EXHIBIT "A" 1. For some projects the consultant shall be responsible for all the tests as required by the Caltrans Standard Specifications and the Project Special Provisions. 2. Any required sampling and testing shall be done by personnel and laboratory with the appropriate accreditation for the testing and sampling designated to perform. Proof of the appropriate accreditation shall be submitted for approval by the City. 3. Provide a qualified technician as necessary to conduct density tests as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557)will be performed on various material types as they are encountered. 4. Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for minor concrete and bridge structure concrete. 5. Perform compression strength tests on concrete cylinders in accordance with ASTM C39 for bridge structure concrete. 6. Consultant shall keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests,must be documented in the project files also. Test results shall cite applicable contract requirements,test and/or analytical procedures used. Provide actual results and include a statement that the item tested or analyzed conforms or fails to conform to specified requirements. Test results shall be signed by a testing laboratory representative authorized to sign certified documentation and forward to the City. 7. Maintain a rework items list of work performed that does not comply with the Contract. The Contractor shall be responsible for including on this list items needing rework including those identified by the Engineer. 8. Maximum density tests shall be performed at the job site unless otherwise approved by the City Engineer. 9. Consultant shall keep records of all samples and tests in the project files as permanent job records. Materials incorporated into the project, represented by failing tests, shall also be documented in the project files. 10. Consultant shall use the most economical mode of transportation available consistent with the time element involved. 11. Project Certification—Send a materials certification memorandum to the Public Works Contract Administrator, City of Huntington Beach, upon completion of the project. File a copy of the memorandum in the job files.Note all non-conforming materials on the memorandum. This includes materials accepted at reduced pay factors. 12. A California licensed engineer shall sign the materials certification memorandum. 13. Any Non-Compliance results of materials shall be reported to the City's Project Manager and City Project Inspector within twenty-four(24) hours from the time of sampling. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 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. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10•H2 COST PROPOSAL Page l az SPECIFIC RATE OF COMPENSATION(USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant or Suboonsultanl: Leighton Consulting,Inc. © Prime Consultant 0 Subconsultanl 0 2nd Tier Subconsultant As-Needed Professional Project No. Engineering Services Contract No. RF2 2022 Participation Amount: 180 Date:January 3,2023 Combined Indirect Cost Rate(ICR) Fringe Benefit%+General&Administrative Ye 48.34% + 107.73% = 156.07', Fee% = 10.00'.. BILLING INFORMATION CALCULATION INFORMATION Hourly Billing Rates Effective date of Name/Job Title/ hourly rate Actual or Avg %or$ Hourly Range for Classification' 0T OT Hourly Rate' Increase Classifications Only Straight' From To (1.5x) (2.0x) Djan Chandra,PE,GE $370.74 $370.74 $370.74 3/9/2022 3l9/2023 $131.62 0% N/A Senior Principal $381.87 $381.87 $381.87 3/10/2023 3/9/2024 $135.57 3.00% N/A _ Exempt $393.33 $393.33 $393.33 3/10/2024 3/10/2025 $139.64 3.00% N/A Ed Che,PE,GE $216.16 $216.16 $216.16 3/9/2022 3/9/2023 $76.74 0% N/A Principal $222.64 $222.64 $222.64 3/10/2023 3/9/2024 $79.04 3.00% N/A Exempt $229.31 $229.31 $229.31 3/10/2024 3/10/2025 $81.41 3.00% N/A Roderick Marcia,PE $242.78 $242.78 $242.78 3/9/2022 3/9/2023 $86.19 0% N/A Associate $250.07 $250.07 $250.07 3/10/2023 3/9/2024 $88.78 3.00% N/A Exempt 5257.57 $257.57 $257.57 3/10/2024 3/10/2025 $91.44 3.00% N/A Jason Choi $113.07 $113.07 $113.07 3/9/2022 3/9/2023 $40.14 0% N/A Senior Staff Engineer $116.45 $118.45 $116.45 3/10/2023 3/9/2024 $41.34 3.00% N/A Exempt $119.94 $119.94 $119.94 3/10/2024 3/10/2025 $42.58 3.00% N/A Joel Beckham $149.46 $149.46 $149.46 319/2022 3/9/2023 $53.06 0% N/A Field/Lab Supervisor $153.94 $153.94 $153.94 3/10/2023 3/9/2024 $54.65 3.00% N/A Exempt $158.56 $158.56 $158.56 3/10/2024 3/10/2025 $56.29 3.00% N/A Buu Tran $141.40 $141.40 $141.40 3/9/2022 3/9/2023 $50.20 0% N/A CAD Operator $145.66 $145.66 $145.66 3/10/2023 3/9/2024 $51.71 3.00% N/A Exempt $150.02 3150.02 $150.02 3/10/2024 3/10/2025 $53.26 3.00% N/A Alberto Lopez $107.66 $126.77 $145.88 3/9/2022 3/9/2023 $38.22 0% N/A Senior Technician $110.90 $130.58 $150.27 3/10/2023 3/9/2024 $39.37 3.00% N/A Non-Exempt Off Site $114.22 $134.50 $154.77 3/10/2024 3/102025 $40.55 3.00% N/A Guy Kendall $97.18 $114.43 $131.68 3/9/2022 3/9/2023 $34.50 0% N/A Senior Technician $100.11 $117.88 $135.65 3/10/2023 3/9/2024 $35.54 3.00% N/A Non-Exempt Off Site $103.12 $121.43 $139.73 3/10/2024 3/10/2025 $36.61 3.00% N/A Kristopher Perez $98.59 $116.09 $133.59 3/9/2022 3/9/2023 $35.00 0% N/A Senior Technician $101.54 $119.57 $137.59 3/10/2023 3/9/2024 $36.05 3.00% N/A Non-Exempt Off Site $104.59 $123.15 $141.72 3/10/2024 3/10/2025 $37.13 3.00% N/A Richard Fernandez $98.59 $116.09 $133.59 3/9/2022 3/9/2023 $35.00 0% N/A Senior Technician $101.54 $119.57 $137.59 3/10/2023 3/9/2024 $36.05 3.00% N/A Non-Exempt Off Site 5104.59 $123.15 $141.72 3/10/2024 3/10/2025 $37.13 3.00% N/A James Flack $143.94 $169.49 $195.04 3/9/2022 3/92023 $51.10 0% N/A Senior Special Inspector $148.25 $174.56 $200.88 3/10/2023 3/9/2024 $52.63 3.00% N/A Non-Exempt Off Site $152.70 $179.80 $206.91 3/10/2024 3/10/2025 $54.21 3.00% WA Richard LeRitz $114.81 $135.19 $155.57 3/9/2022 3/9I2023 $40.76 0% N/A Senior Special Inspector $118.25 $139.24 $160.23 3/10/2023 3/9/2024 $41.98 3.00% N/A Non-Exempt Off Site $121.80 $143.42 $165.04 3/10/2024 3/10/2025 $43.24 3.00% N/A Stacy Weimer $131.82 $155.22 $178.62 3/9/2022 3/92023 $46.80 0% N/A Senior Special Inspector $135.77 $159.87 $183.97 3/10/2023 3/9/2024 $48.20 3.00% N/A Non-Exempt Off Site $139.85 $164.66 $189.50 3/10/2024 3/10/2025 $49.65 3.00% N/A Prevailing Wage Technician $154.02 $181.36 $208.70 3/9/2022 3/9/2023 $54.68 0% N/A Senior Field Technician $158.64 $186.80 $214.96 3/10/2023 3/9/2024 $56.32 3.00% N/A Non-Exempt Off Site $163.40 $192.41 $221.41 3/10/2024 3/102025 $58.01 3.00% N/A Prevailing wage Special Inspec $159.03 $187.26 $215.49 3/9/2022 3/9/2023 $56.46 0% N/A Senior Special Inspector $163.80 $192.87 $221.95 3/10/2023 3/9/2024 $58.15 3.00% N/A Non-Exempt(ON-SITE) $168.70 $198.64 $228.59 3/10/2024 3/10/2025 $59.89 3.00% N/A Lynne Rees $103.57 $121.96 $140.34 3/9/2022 3/9/2023 $36.77 0% N/A Project Administrator $106.67 $125.61 $144.54 3/10/2023 3/9/2024 $37.87 3.00% N/A Non-Exempt(Office) $109.88 $129.39 $148.89 3/10/2024 3/10/2025 $39.01 3.00% N/A Beata Lacki $76.62 $76.62 $76.62 3/9/2022 3/9/2023 $27.20 0% N/A Project Administrator $78.93 $78.93 $78.93 3/10/2023 3/9/2024 $28.02 3.00% N/A Non-Exempt(Office) $81.29 $81.29 $81.29 3/10/2024 3/10/2025 $28.88 3.00% N/A Shadab Motamedi $67.60 $79.60 $91.60 3/9/2022 3/9/2023 $24.00 0% N/A Project Administrator $69.63 $81.99 $94.35 3/10/2023 3/9/2024 $24.72 3.00% N/A Non-Exempt(Office) $71.71 $84.44 $97.17 3/10/2024 3/10/2025 $25.46 3.00% N/A Feonna Wong $93.68 $110.28 $126.91 3/9/2022 3/9/2023 $33.25 0% N/A Project Accountant $96.47 $113.60 $130.72 3/10/2023 3/9/2024 $34.25 3.00% N/A Non-Exempt(Office) $99.38 $117.02 $134.66 3/10/2024 3/10/2025 $35.28 3.00% N/A Nguyen Kelly $56.34 $66.34 $76.34 3/9/2022 3/9/2023 $20.00 0% N/A Project Administrator $58.03 $68.33 $78.63 3/10/2023 3/9/2024 $20.60 3.00% N/A Non-Exempt(Office) $59.77 , $70.38 $80.99 3/10/2024 3/10/2025 $21.22 3.00% N/A Criatina Dy $74.64 $87.89 $101.14 3/9/2022 3/9/2023 $26.50 0% N/A Certify payroll $76.90 $90.55 $104.20 3/10/2023 3/9/2024 $27.30 3.00% WA Non-Exempt(Office) $79.21 $93.27 $107.33 3/10/2024 3/10/2025 $28.12 3.00% N/A Notes: 1.Key personnel must be marked with an asterisk(•)and employees that are subject to prevailing wage requirements must be marked with two asterisks(••).All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2.The cost proposal format shall not be amended. 3.Billing rate=actual hourly rate•(1+ICR)•(1+Fee).Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.All costs must comply with the Federal cost principles for reimbursement. 4.For named employees and key personnel enter the actual hourly rate.For classifications only,enter the Average Hourly Rate for that classification. Page 1 of 1 RFP 0168 August 3, 2021 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: 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: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172- Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Djan Chandra, PE, GE *Vice President $0.00 Name: Title . Signature: <t �---' —` '� Date of Certification (mm/dd/yyyy):March 15, 2022 Email:dchandra@leiclhton',roup.com Phone Number:(949) 681-4267 Address: 17781 Cowan, Irvine, CA 92614 *An individual execu'ive or financial officer of the consultant's or subconsultant's organization at a level no lower than: 'lice President or a Chief Financial Officer, or equivalent, who has authority to represei financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: On-call material testing and inspection services Page 7 of 9 January 2020 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System Exit i I3IT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Ilnr! r Indirect Cost Rate is approved,this form is not required.) Consultant's Full Legal Name: Leighton Consulting, Inc. Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore,the Indirect Cost Rate(s)shall not be combined with its parent company or subsidiaries. jndirect Cost Rate; Combined Rate: 156.07% 01Z Home Office Rate: 156.07% and Field Office Rate(if applicable): 156.07% Facilities Capital Cost of Money %(if applicable) Fiscal period *: 01/01/ 02 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not the contract period).The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial staleirents are regularly prepared by the consultant. I have reviewed the proposal In establish an indirect Cost Rate(s)for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s)are allowable in accordance with the cost principles of the Federal Acquisition Regulation(FAR)48,Code of Federal Regulations(CFR),Chapter 1,Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy y direci labor, indirect costs,or other direct costs on all federally- funded A&E Consultan. Contracts. • All known material lean;;;. i;ms or events that have occurred subsequent to year-end affecting the consultant's ownership, . i canization,and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and ; pplicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging,job costing, and accounting systems meet the standards for financial reporting,accounting records,and internal control aJeq late to demonstrate that costs claimed have been incurred,appropriately accounted for, are allocable to the contract,and comply with the federal requirements as set forth in Title 23 United States Code(U.S.C.)Section 1 i 2(b)(-');48 CFR Part 31.201-2(d); 23 CFR,Chapter 1,Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management sysi,--a !lrr, the fn!Iowing attributes: • Account numbers iden:lL towable direct,indirect,and unallowable cost accounts; • Ability to accumulate:Intl • 'egate allowable direct, indirect,and unallowable costs into separate cost Page 1 of 2 March 2018 Local Assistance Procedures Al:,i .11 Exhibit 10-K ('unsultani :annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project,contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system;and • Ability to ensure costs arc in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program(IA1-II')contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties-2; CFR rmI 12.11(c)(4) • False Claims Act-Title 3 1 U.S.C.Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C. Section 1001 • Major Fraud Act-Title 18U.S.C.Section 1031 All A&E Contract Inform:ilion: • Total participation amount$5M on all State and FAHP contracts for Architectural &Engineering services that the consultant received in the last three fiscal periods. • The number of stales iu which the consultant does business is 1 (California). • Years of consul ta:t:'s c ';'cricnce with 48 CFR Part 31 is 17. • Audit history of the consultant's current and prior years(if applicable) fl Cognizant ICR A\n lit 0 Local Gov't ICR Audit ®Caltrans ICR Audit ❑ CPA ICR Audit Federal Gov't ICR Audit I,the undersigned,certify all of tit .:thnve to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to (It a ermine that any costs which are expressly unallowable under the Federal cost principles have been removed and ctomply with Title 23 U.S.C.Section 112(b)(2),48 CFR Part 31,23 CFR Part 172, and all applicable state and federal rites and regulations. 1 also certify that I understand that all documentation of compliance must be retained by tic consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requiremnenls ztr.• not eligible for reimbursement and must be returned to Caltrans. Name**: Thomas C.f i Title**: President and CEO Signature: % -a _ Date of Certification(mm/dd/yyyy): 11/30/2021 Email**: tbenson a,le' ;' -'-_d'tinq.com Phone Number**: (909) 527-8771 **An individual executive or u ial utticer of the consultant's or subconsuttant's organization at a level no lower than a Vice President,a Chief Financial Officer,or cyui,..',n;, ho has authority to represent the financial information used to establish the indirect cost rate. Note: Both prune and suben,, mm,;n parti,'s of a contract must complete their own Exhibit 10-Kforms. Caltrans will not process Ion, limn,-Cs until a complete Exhibit 10-Kform is accepted and approved by Caltrans Audits and LrI can Distribution: 1)Original-Los:f sect File 2)Copy-Cons. 3)Copy-Caltra, ' _. !Inve ;igations Page 2 of 2 March 2018 fi'iLeight202' P 2O1,L {� ZONAL FEE SCHEDULE i L OTECHNICAL LABORATORY TESTING METHOD $/TEST METHOD $/TEST CLASSIFICATION&INDEX PR•.:`•:R? '_.1 SOIL CHEMISTRY&CORROSIVITY Photograph of sample 10 pH Method A(ASTM D4972 or CTM 643) 45 Moisture content(ASTM D2216) 20 Electrical resistivity—single point—as received moisture 45 Moisture&density(ASTM D2937)ring samples 30 Minimum resistivity 3 moisture content points(ASTM G187/CTM 643) 90 Moisture&density(ASTM D2937)Shelby tube or u';ting 40 pH+minimum resistivity(CTM 643) 130 Atterberg limits 3 points(ASTM D4318)' 150 Sulfate content-gravimetric(CTM 417 e Part 2) 70 - Single point,non-plastic 85 Sulfate content-by ion chromatograph(cTM 417 Part 2) 80 - Atterberg limits(organic ASTM D2487/D4318) 180 Sulfate screen(Hach()) 30 - Visual classification as non-plastic '•`."'•' 188) 10 Chloride content(AASHTO T291/CTM 422) 70 Particle size: Chloride content—by ion chromatograph(AASHTO T291/CTM 422) 80 - Sieve only 1'/2 inch to#200(AASHTOT27 C;ri.1 C13(3fASTM D69131C FM 202)...135 Corrosion suite:minimum resistivity,sulfate,chloride,pH(CTM 643) 265 - Large sieve 6 inch to#200(AASHTO T27- M;1 ,,/ASTM D6913/CTM 202)...175 Organic matter content(ASTM D2974) 65 - Hydrometer only(ASTM D7928) 110 CONSOLIDATION&EXPANSION/SWELL TESTS - Sieve+hydrometer. 3 inch sieve,(..' i- 185 Consolidation(ASTM D2435)' 195 - Percent passing#200 sieve,wash onh ( .;'T1•.i r,1422; 70 Each additional time curve 45 Specific gravity and absorption of fine au-,-i,iate Each additional load/unload w/o time reading 40 (AASHTO T84/ASTM C128/ASTM D854/C1 130 Expansion Index(ASTM D4829) 130 Specific gravity and absorption of coarse i ec!':e Single load swell/collapse-Method B(ASTMD4546-a,seat load&inundate only)., 105 (AASHTO T85/ASTM C127/CTM 206) 100 Swell collapse Method A up to 10 load/unloads w/o time curves - Total porosity-on Shelby tube samnl.-(ca! .,',!red) 165 (ASTM D4546-A) 290 - Total porosity-on other sample(calcula!r-') 155 Shrinkage limits wax method(ASTM D4943) 126 TRIAXIAL TESTS Pinhole dispersion(ASTM D4647) 210 Unconfined compression strength of cohesive soil(with stress/strain plot, Dispersive characteristics(double hydrumi,,r ,, !l D„ I) 90 ASTM D2166) 135 As-received moisture&density(chunk!'...r> .,n:ples) 60 Unconsolidated undrained triaxial compression test on cohesive soils Sand Equivalent(AASHTO T176/ASTM D2 i",`.. .r. 217) 105 (UU,ASTM D2850,USACE Q test,per confining stress) 170 Consolidated undrained triaxial compression test for cohesive soils, SHEAR STRENGTH (CU,ASTM D4767,USAGE R-bar test)with back pressure saturation&pore Pocket penetrometer 15 water pressure measurement(per confining stress) 375 Direct shear(ASTM D3080,mod.,3 points): Consolidated drained triaxial compression test(CD,USACE S),with Consolidated undrained-0.05 inchlriur:( 285 volume change measurement.Price per soil type below EM 1110-2- Consolidated drained-<0.05 inch/min( . '; 345 1906(X): Residual shear EM 1110-2-1906-IXA(pi e ea,1:-',MU •la!pass after shear)....50 Sand or silty sand soils(per confining stress) 375 Remolding or hand trimming of specimr: 90 Silt or clayey sand soils(per confining stress) 500 Oriented or block hand trimming(per ho 65 Clay soils(per confining stress) 705 Single point shear 105 Three-stage triaxial(sand or silty sand soils) 655 Torsional shear(ASTM D6467/ASTM D76" 820 Three-stage triaxial(silt or clayey sand soils) 875 COMPACTION&PAVEMENT 3UBG,,: DE TESTS Three-stage triaxial(clay soils) 1,235 Standard Proctor compaction,4 points(ASTta DWI) Remolding of test specimens 65 4 inch diameter mold(Methods A&B) 160 HYDRAULIC CONDUCTIVITY TESTS - 6 inch diameter mold(Method C) 215 Triaxial permeability in flexible-wall permeameter with backpressure Modified Proctor compaction 4 points 7): - 4 inch diameter mold Methods A& 220 saturation at one effective stress - 6 inch diameter mold Method C 245 (EPA9100/ASTM D5084,falling head Method C)' 310 65 Each additional effective stress 120 Check point par point) Hand trimming of soil samples for horizontal K 60 Relative compaction of untreated/trea! ' ' '�y `'s((,Tf 1 1r,) 250 65 235 ... .. . . .. . Relative density 0.1 ft mold(ASTM D•... Remolding of test specimens Permeability of granular soils(ASTM 02434) 135 California Bearing Ratio(ASTM D1888) Soil suction(filter paper method,ASTM D5298) 400 - 3 point 500 - 1 point 185 SOIL-CEMENT R-Value untreated soils/aggregates(Ar::�,1. -.STM D2844/Crm 301) 310 Moisture-density curve for soil-cement mixtures(ASTM D558) 240 R-Value lime or cement treated soils/ag'- ,',ASHT(T190/7,''TM D2844/ Wet-dry durability of soil-cement mixtures(ASTM D559)1 1,205 CTM 301) 340 Compressive strength of molded soil-cement cylinder(ASTM D1633)1 60 Soil-cement remolded specimen(for shear strength,consolidation,etc.)' 235 'Compaction(ASTM D558 maximum density)should also be performed—not included in above price Fee/2022 www.leigl,tongroup.C:,m Page 1 of 4 aLeig hton FEE SCHEDULE Cr)f' TPUCTION MATERIALS LABORATORY TESTING METHOD $/TEST METHOD $/TEST CONCRETE STRENGTH CHA1F • <': MASONRY Concrete cylinders compression(AS1 Cis ' iu•'"x 8") 35 Mortar cylinders 2"x 4"(ASTM C780) 30 Compression,concrete or masonry cores,. ;tiny; >:y)56 il:ch(A•.l,:C42) 40 Grout prisms 3"x 6"(ASTM C1019) 30 Trimming concrete cores(per core) 20 Masonry cores compression,56"diameter-testing only(ASTM C42) 40 Flexural strength of concrete(simple beam-3,.. loi..•ng,ASTM C78/CTM 523) 85 Masonry core shear testing(Title 24) 80 Flexural strength of concrete(simple beam.a••ac•r ra.1.:;ling,ASTM C293/CTM 523)...85 Veneer bond strength,cost for each-5 required(ASTM C482) 55 Non shrink grout cubes(2 inch,ASTM clog/or1 a?) 25 CMU compression to size 8"x 8"x 16"-3 required(ASTM C140) 55 Drying shrinkage-four readings,up to 90 clays,3 bars(ASTM C157) 400 CMU moisture content,absorption&unit weight-6 required(ASTM C140) 50 Length of concrete cores(CTM 531) 40 CMU linear drying shrinkage(ASTM C426) 175 HOT MIX ASPHALT(HMA) CMU grouted prisms compression test 58"x 8"x 16"(ASTM C1314) 200 CMU grouted prisms compression test>8"x 8"x 16"(ASTM C1314) 250 Resistance of compacted HMA to moistu,:,ir:fu:ed damage (AASHTO T283/CTM 371) 2,100 BEARING PADS/PLATES AND JOINT SEAL Hamburg Wheel,4 briquettes(modified)( ;r r•)T2?:1 900 Elastomeric bearing pads(Caltrans SS 51-3) 990 Superpave gyratory compaction(AAsI i: , 9; I 350 Elastomeric bearing pad with hardness and compression tests Extraction by ignition oven,percent na'•• !i (Caftans SS 51-3) 1,230 (AASHTO T308/ASTM D6307/CTM 382) 150 Type A Joint Seals(Caltrans SS 51-2) 1,620 Ignition oven correction/correlation v.' Type B Joint Seals(Caltrans SS 51-2) 1,530 (AASHTO T308/ASTM D6307/CTM 382) 1,350 Bearing plates(A536) 720 Extraction by centrifuge,percent aspioi. it ' 3) 150 REINFORCING STEEL AND PRESTRESSING STRANDS Gradation of extracted aggregate(AAEI rrr. 3/A 1 D5444'CTvl 135 Rebar tensile test,<_up to No.11 (ASTMA370) 65 Stabilometer,S-Value(ASTM D1560/C 11,1 265 Rebar tensile test,>_No.14&over(ASTM A370) 200 Bituminous mixture preparation(A/el I C C .•;':) 80 Rebar bend test,up to No.11 (ASTM A370) 65 Moisture content of HMA(AASHTO T329ii: :.; .. ' 'CTM 370) 60 Rebar bend test,?No.14&over(ASTM A370) 200 Bulk specific gravity of compacted HMA, ::;!'r;.! OcimeO O or cores, Resistance butt-welded hoops/bars,tensile test,<_up to No.10(CTM 670)....65 uncoated(AASHTO T166/ASTrvt D2726/C,T1.'' 50 Resistance butt-welded hoops/bars,tensile test,z No.11&over(CTM 670)...85 Bulk specific gravity of compacted HMA, ' :cimen or cores, Mechanical rebar splice,tensile test,s up to No.11 (CTM 670) 65 paraffin-coated(AASHTO T275/ASTr:1 D 1 i 55 Mechanical rebar splice,slip test,<_up to No.11 (CTM 670) 40 Maximum density-Hveem(CTM 308) 200 Mechanical rebar splice,tensile test,>_No.14&over(CTM 670) 200 Theoretical maximum density and speciti O`""':O M A(AV' ,o I306/ Mechanical rebar splice,slip test,>_No.14&over(CTM 670) 200 ASTM D2041/CTM 309) .._ 130 Headed rebar splice,tensile test,<_up to No.11 (CTM 670) 65 Thickness or height of compacted bib, ' ;p:ri: 1 n,i,<;ure specin Nis Headed rebar splice,tensile test,>_No.14&over(CTM 670) 200 (ASTM D3549) 40 Epoxy coated rebar/dowel film thickness(coating)test(ASTM A775/A934) 45 Wet track abrasion of slurry seal(A5'•' 150 Epoxy coated rebar/dowel continuity(Holiday)test(ASTMA775/A934) 65 Rubberized asphalt(add to above rate•• +25% Epoxy coated rebar flexibilitylbend test,up to No.11(ASTM A775/A934) 45 BRICK Prestressing wire,tension(ASTMA416) 175 Compression-cost for each,5 require'.) i ci r, 50 Sample preparation(cutting) 50 Absorption-cost for each,5 require)( -. 50 STREET LIGHTS/SIGNALS AGGREGATE PROPERTIE LED Luminaires/Signal Modules/Countdown Pedestrian Signal Face Bulk density and voids in aggregates(', 1 TM C2''CTM 7)2) 50 Modules(Caltrans RSS 86) 1,300 Organic impurities in fine aggregate sari I , I,; :21/ASTh:1 C10/CTM 213)....60 SPRAY APPLIED FIREPROOFING LA Rattler-smaller coarse aggregate<1.5 6/ASTMC131/C1M211)...200 Unit weight(density,ASTM E605) 60 LA Rattler-larger coarse aggregate 1-3"(/v t ASTM C'35.,A,i M 211)....250 FASTENERS/BOLTS I RODS Apparent specific gravity of fine aggregat. :1 104IAST: 1 51/CT:1208)...130 FT ER E , B Bolts,TStensile test,<_up to 1-1/4"diameter,plain Specific gravity and absorption of coarse jr °!' TT:`I Tt.I 295) >#4 retained 100 (ASTM A370) 65 Clay lumps,friable particles(AASHTO T112 0142; 175 F3125 GR A307,A325 Bolts,tensile test,<_up to 1-1/4"diameter, Durability Index(AASHTO T210/ASTM D374. 2:)9) 200 galvanized(ASTM A370) 75 Moisture content of aggregates by o:an Bolts,tensile test,5 up to 1-1/4"diameter,plain(ASTM A370) 65 (AASHTO T255/ASTM C566/CTM 226) 40 A490 Bolts,tensile test,<_up to 1-1/4"diameter,galvanized(ASTMA370) 75 Uncompacted void content of fine a, • A593 Bolts,tensile test,<_up to 1-1/4"diameter,stainless steel(ASTMA370) 65 (AASHTO T304/ASTM C1252/CTM 2 130 F1554 Bolts,tensile test,s up to 1-1/4"diameter,plain(ASTMA370) 100 Percent of crushed particles(AASI )T: :J. ,21/CTr.''20' 135 F1554 Bolts,tensile test,<_up to 1-1/4"diameter,galvanized(ASTMA370)...120 Flat&elongated particles in coarse _Jr 1 D479I'C T I 5) 215 SAMPLE TRANSPORT Cleanness value of coarse aggro 1, ;c . , 210 Pick-up&delivery(weekdays,per trip,<50 mile radius from Leighton office)...90 Soundness,magnesium(AASHTO T1 '214) 225 Soundness,sodium(AASHTO T104/ATi ;,I. 650 Fee/2022 www.leightong roil l-,.corn Page 2 of 4 %i.Leig hton FEE SCHEDULE EQUIPMENT LIST ITEM $UNIT ITEM $UNIT 1/4 inch Grab plates 5 each Moisture test kit(excludes labor to perform test,ASTM E1907) 60 test 1/4 inch Tubing(bonded) 0.55 foot Nuclear moisture and density gauge 88 day 1/4 inch Tubing(single) 0.35 foot Electrical moisture and density gauge 88 Day 3/8 inch Tubing,clear vinyl 0.55 foot Pachometer 25 day 4-Gas meter(RKI Eagle or similar) - M I' 130 day Particulate Monitor 125 day Air flow meter and purge pump(200 cc/rn + 50 day pH/Conductivity/Temperature meter 55 day Box of 24 soil drive-sample rings 120 box Photo-Ionization Detector(PID) 120 day Brass sample tubes 10 each Pump,Typhoon 2 or 4 stage 50 day Caution tape(1000-foot roll) 20 each QED bladder pump w/QED control box 160 day Combination lock or padlock 11 each Quire fee—Phase I only 200 each Compressed air tank and regulator 50 day Resistivity field meter and pins 50 day Concrete coring machine(56-inch-dia) 150 day Slip/threaded cap,2-inch or 4-inch diameter,PVC Schedule 40 15 each Consumables(gloves,rope,soap,tripe,,,';' 35 day Slope inclinometer 200 day Core sample boxes 11 each Soil sampling T-handle(Encore) 10 day Crack monitor Two-Dimensional 25 each Soil sampling tripod 35 day Crack monitor Thee-Dimensional 30 each Speedy(R)moisture tester 5 day Cutoff saws,reciprocating,electric(t?a>i:: 'i)! 75 day Stainless steel bailer 40 day D-Meter Walking Floor Profiler 100 day Submersible pump,10 gpm,high powered Grundfos Disposable bailers 12 each 2-inch with controller 160 day Disposable bladders 10 each Submersible pump/transfer pump, 10-25 gpm 50 day Dissolved oxygen meter 45 day Support service truck usage(well installation,etc.) 200 day DOT 55-gallon containment drum i::ith lid 65 drum Survey/fence stakes 8 each Double-ring infiltrometer 125 day Tecllar®bags 18 each Dual-stage interface probe 80 day Traffic cones(525)Ibarricades(single lane) 50 day Dynamic Cone Penetrometer 400 day Turbidity meter 70 day Generator,portable gasoline fueled,3,500 r,'' 00 day Tyvek®suit(each) 18 each Global Positioning System/Laser Range F. 80 day Vapor sampling box 55 day Hand auger set 90 day Vehicle usage(carrying equipment) 20 hour HDPE safety fence(5100 feet) 40 roll VelociCalc 35 day Horiba U-51 water quality meter 1:.5 day Visqueen(20 x 100 feet) 100 roll Light tower(towable vertical mast; 150 day Water level indicator(electronic well sounder)<300 feet deep well 60 day Magnehelic gauge . . 5 day ZIPLEVEL® 15 day Manometer 25 day Other specialized geotechnical and environmental testing and monitoring Mileage(IRS Allowable) 0.585 mile equipment are available,and priced per site Fee/2022 wviw.leightongro.ip.com Page 3 of 4 %Leighton FEE SCHEDULE TERMS AND CONDITIONS • Expiration: This fee schedule is effective through supplemental insurance,travel, subsistence, December 31, 2022 after which remaining work will project-specific parking charges, shipping, be billed at then-current rates. reproduction, and other reimbursable expenses will Proposal Expiration: Proposals are valid for at be invoiced at cost plus 20%, unless billed directly • least 30 days, subject to change after 30 days; to and paid by client. unless otherwise stated in an attached proposal. 6 Invoicing: Invoices are rendered monthly, payable • Prevailing Wages: Our fees for prevailing wage upon receipt in United States dollars. A service work are based upon California prevailing wage charge of 1/z percent per month will be charged for laws and wage determinations. Unless specifically late payment. indicated in our proposal, costs for apprentice c Client Disclosures: Client agrees to provide all are not included. If we are required to have an information in Client's possession about actual or apprentice on your project, additional fees wiii be possible presence of buried utilities and hazardous charged. materials on the project site, prior to fieldwork, • Overtime: Standard over time rate is per California and agrees to reimburse Leighton for all costs Labor Law and is billed at i.5 or 2 times their related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for hourly billing rate. Overtimerate for nc n cempt providing safe and legal access to the project site field personnel working on a Leighton r"m rved for all Leighton field personnel. holiday is billed at 2 times their !hourly billing rate. Overtime rate for Prevailing wage work is per the c. Earth Material Samples: Quoted testing unit California Department of lndustri;l Relations (DIR) rates are for soil and/or rock(earth)samples determination and is multiplied at 1.5 to 2 times free of hazardous materials. Additional costs will their hourly billing rate for overtime and double- accrue beyond these standard testing unit rates time, respectively. for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous • Expert Witness Time: t-xpert witness dry; c - 'ion materials will be returned to the site or the site and testimony will be charged at 2 times hourly owner's designated representative at additional rates listed on the previous pages, with a minimum cost not included in listed unit rates. Standard charge of four hour:, l:r r uay turn-around time for geotechnical-laboratory test 6 Minimum Field Hourly r'h.irdr—;: Fnr results is 10 working days. Samples will be stored Technicians, Special Insp •torn or nMI • n site for 2 months, after which they will be discarded. (field) materials testing so:vice' : Prior documented notification is required if samples need to be stored for a longer time. A monthly 4 hours: 4-hour minis,;: n ch:ar. e tip to the first storage fee of$10 per bag and $5 per sleeve or four hours of work tube will be applied. Quoted unit rates are only 8 hours: 8-hour ninirn, n chnne for over t,ur for earth materials sampled in the United States. hours of work, up to eight hours. There may be additional cost for handling imported Project time accruno it lud n penal to pr. 1-1l samples. travel time. r. Construction Material Samples: After all e Insurance & Limit ti--i t_` }';ilit T!,c e rates designated 28-day breaks for a given sample set meet specified compressive or other client- are predicated on ::' :: J insurance coverage designated strength, all "hold" cylinders or and a limit of Leightnn's I'��hility �rn�al o��r total fees for a given pro a. specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. ® Outside Direct Co I ;avy 'qui; ,,c: it, All other construction materials will be disposed of subcontractor fees and yen r,rnjent- after completion of testing and reporting. specific permits any:/or I:.nses, rc , ;ct-specifc Fee/2022 wv.! roup.com Page 4 of 4 AC,J^. ® DATE(MM/DDNYYY) �� CERTIFICATE OF LIABILITY INSURANCE 1/19/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 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 rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT Risk Strategies CompanyNAME; Risk Strategies Company 2040 Main Street,Suite 450 PHONE 949-242-9240 (A/C.No); Irvine, ��I �u> CA 92614 ADDRESS: syounenrisk-strategles.com INSURER(S)AFFORDING COVERAGE NAIC# www.rlsk-sirategles.com CA DOI License No,0F06675 INSURER A: Citizens Insurance Company of America 31534 INSURED INSURER B: Allmerica Financial Benefit Insurance Co 41840 Leighton Consulting, Inc,17781 Cowan,Suite 100 INSURER C: Travelers Property Casualty Co of America 25674 Irvine CA 92614 INSURER D: Lexington Insurance Company 19437 INSURER S: INSURER F: COVERAGES CERTIFICATE NUMBER: 72587047 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD wvo POLICY NUMBER IMMIDPIYYYY1 IMMIDDNYYYI A t/ COMMERCIAL GENERAL LIABILITY / ✓ OB3J208488 11/1/2022 11/1/2023 EACH OCCURRENCE $1,000,000 , DAMAGE RENTED CLAIMS-MADE ,/ OCCUR PREMISESO(E occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL S.ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY I✓J 28-- LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER $ B AUTOMOBILE LIABILITY ✓ ✓ AW3J208478 11/1/2022 11/1/2023 (Es aSINEDISINGLE LIMIT $1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED - SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓, AUTOS ONLY (Per accident) A r/ UMBRELLA LIAB t/ OCCUR OB3J208488 11/1/2022 11/1/2023 EACH OCCURRENCE $5,000,000 ' EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 ✓ DED RETENTION SO $ C WORKERS COMPENSATION i UB1R5099812243G 9/1/2022 9/1/2023 r/ STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE IY,Nl NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liability/Pollution Llab 013001524 2/14/2022 2/14/2023 Per Claim $2,000,000 Claims Made Aggregate $4,000,000 Deductibjt3 $10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORO 101,Additional Remarks Schedule,may be attached It more space Is required) See Additional Remarks Schedule ,L\PPHO ED AS TO FORM MICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE /�,,[�// J1 I RSC Insurance Brokerage ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD '/2597047 1 (LC) 2022-2023 GL-AUTO-UNIT-WC-PL 1 Sandi Moreno 11/19/2023 2,58:39 PM (PST) 1 Page 1 of 10 , AGENCY CUSTOMER ID: LOC#: ACo ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Risk Strategies Company Leighton Consulting,Inc. g P Y 17781 Cowan Suite 100 • POLICY NUMBER Irvine CA 92614 OB3J208488 CARRIER NAIL CODE Citizens insurance Company of America 31534 EFFECTIVE DATE:11/1/2022 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER:City of Huntington Beach ADDRESS:2000 Main Street Huntington Beach CA 92648 Certificate is subject to policy limits, conditions and exclusions. Re: Proj #12246 On-Call Material Testing & Engineering, Materials Testing & Geotechnical Engineering, Huntington Beach. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are included as additional insured as respects to General Liability and Commercial Auto coverages as required by written Contract. General Liability and Auto Liability coverages are primary and noncontributory as required by written contract. Waiver of Subrogation is included with respect General Liability, Auto Liability, Workers Compensation as required by written contract. Umbrella Liability is follow form to the General, Auto and Employers Liability policies subject to policy forms, terms, conditions, exclusions and endorsements. 30-Day Notice of Cancellation, Except for 10-Days for Nonpayment of Premium applies as required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 72587017 I (LC) 2022-2023 GL-AUTO-UMS-WC-PL I Sandi Moreno 11/19/2023 2.58.34 PM (PST) i Page 2 of 10 NG ��</��NTI...... ' City of Huntington Beach •`��‘ 2000 Main Street ♦ Huntington Beach, CA 92648 _ (714) 536-5227 • www.huntingtonbeachca.gov \�t?'CFC ;.....CP��o4 Office of the City Clerk `�°ONT\i // Robin Estanislau, City Clerk February 21, 2023 Leighton Consulting, Inc. Attn: Thomas C. Benson, Jr. 17781 Cowan Irvine, CA 92614 Dear Mr. Benson: Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and Leighton Consulting, Inc. for On-Call Materials Testing and Engineering Services, approved by City Council on February 7, 2023. Sincerely, 9Aklaidithd Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan s 7- r= t-7rW. CITY OF HUNTINGTON BEACH Materials Testing and Inspection Services AESCO Bureau Veritas Fenagh Geocon West Geotek Ghirardelli Leighton Ninyo RMA Transtech Twining PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Materials Testing and Engineering SERVICE DESCRIPTION: Materials Testing and Engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: AESCO, Inc. OVERALL RANKING: 1 out of 11 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Contract Administrator 3. Senior Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 96.8 AESCO Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 23.2 25 Experience with Similar Kinds of Work 19.9 20 Staffing 14.8 15 Capability of Developing Innovative or Advanced Techniques 9.2 10 Familiarity with State and Local Procedures 9.9 10 Financial Responsibility 10.0 10 Demonstrated Technical Ability 9.9 10 Total 96.8 100 II. DUE DILIGENCE REVIEW • Interview Ranking: N/A AESCO—Summary of Review • 24 hour call availability, excellent staff certs and project experience • Caltrans lab certified, night inspections, watercraft for bridge inspections AESCO—Pricing •.. Low end from $144.38/hr(Inspector, Construction Manager) • High end to$293/hr for Project manager 748 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Materials Testing and Engineering SERVICE DESCRIPTION: Materials Testing and Engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: Leighton Consulting, Inc. OVERALL RANKING: 2 out of 11 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Contract Administrator 3. Senior Civil Engineer III. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 94.4 LEIGHTON CONSULTING-Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 24.8 25 Experience with Similar Kinds of Work 19.7 20 Staffing 14.8 15 Capability of Developing Innovative or Advanced Techniques 7.3 10 Familiarity with State and Local Procedures 9.9 10 Financial Responsibility 10.0 10 Demonstrated Technical Ability 7.9 10 Total 94.4 100 IV. DUE DILIGENCE REVIEW • Interview Ranking: N/A LEIGHTON CONSULTING-Summary of Review • Excellent staffing, previous work experience • Familiar with state and federal procedures (Caltrans certified) • LEIGHTON CONSULTING-Pricing • Low end from $70.42/hr(Sr Technician) • High end to$374.57/hr for Senior Principal Engineer 2 749 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Materials Testing and Engineering SERVICE DESCRIPTION: Materials Testing and Engineering support for City's annual Capital Improvement Program projects using state or federal funding sources. VENDOR: Ninyo & Moore OVERALL RANKING: 3 out of 11 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Contract Administrator 3. Senior Civil Engineer V. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Ave. of 94.0 NINYO& MOORE-Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of Work to be Done 23.8 25 Experience with Similar Kinds of Work 18.1 20 Staffing 13.9 15 Capability of Developing Innovative or Advanced Techniques 9.2 10 Familiarity with State and Local Procedures 9.9 10 Financial Responsibility 10.0 10 Demonstrated Technical Ability 9.2 10 Total 94.0 100 VI. DUE DILIGENCE REVIEW • Interview Ranking: N/A NINYO &MOORE Summary of Review • Great staffing experience, PM • Technical ability high • Innovative techniques—Drones NINYO &MOORE—Pricing • Low end from $57.40/hr(Lab Tech) • High end to$217.42/hr for Geotechnical Engineer/Geologist 3 750 =WNW (13 C 0 U) Cy) (E) 13 0 a •C s_ 121- 0 RN W ra DI) CD CD- CC E 4 --•• I _ m.. a 0 c lim C 0 0 CD s moo • 1 0 11111"1 ›N CO. 114"1 0 01 To tc(13 „Li LL W Adogilltair4dirrdp. icifA Am. low 01 00 icc,c. s.CO " ViAii, vbilab, b w, •••••••••••• 1 If 40,/) Itik • AO •gbe • i , , w•ii , i \ d • v C 04. Hi 'i ( ' it • .0 del.. lkk ii,„...... • <z) ii ' ,-,--- ,1,,I, '\ Q. • k • .,- , ,, „,__ , , 1 0., . k iaP : c,, 1 ; \--,- , ,, 1 \"4 l' ' c", we E.-- • 0 ...... ,,,,,, cL. , , ,., , , , H i , , , N i.-- t• tt - 1 f 00. to C?1, -',.---: ' \ t.4., • 1 . .2 % -' / \\ \ Hi: , , k , , <‹. • 4zz) t likk • i \ - 1 i i \ ( • AO N"„''''' 1 00�� b/�bo6 tip , J zq I 3� J Z V--•' '' t ...9 `V c _ co ■ ■ O 4.=, L- T) C co /1 CD co a)� `�- _c O CD a) co n 73CU -0 Cll 65 L_ co ZU D CO o M .0 ID viimiC.) O w o _c 0 •i (13 U j (5 - O " Sim CD C _c 0_ a) c " > C6 O) 2 (3 0 C — ' CI 0 (13 ° lED U .o p CU U O a) = L 4- o Ca F-- 4- a. co c - (..„) co E o C ' 75 CZ ,a) ° wx2 u. . 0_ CC w a_ 0 2 • • • • • --, 1 mod: y\ 1 zJ 9ycti� � 1 yp j P�// • • U) '^ E c, O U Q.) ........, L c O '. Z 0_ U. -0 _c U c CO CO 75 (/) a) a) CD 0 CD 0 C -- (11) a) o 0 CD CD •- (/) cp (/) a) c -0 , ,. a) � oo oU) CO H O U 4D I C Cr) o U a a O0 CD CO C 13 CO s_ oa C N U s. c a)•� • c 0) a) co(13 2 im' _o _I .c 0 = m CZ (1) `- .O c O O — o +� O >, (_) ■mum LL U) 3 d ° A cm 7:70 ni E !+- 0 ED_ c m N p I CZo U) Z (1) o = w (c) x cv Of < 2 c a) . CI . . . . •