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2020 CON Leighton Consulting Inc - Geotechnical and Soils and Materials Testing
C2010`S2 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LEIGHTON CONSULTING, INC. THIS AGREEMENT is entered into on this 1st day of September, 2020, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and LEIGHTON CONSULTING, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a geotechnical, soils and materials testing firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 1, 2020. The duration of this Agreement is for the period of September 1, 2020 through August 31, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, gcotechnical and soils and materials testing. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. The City Engineer/Director of Public Works hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Mike Jensen, CEG, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000. The compensation for the CONSULTANT's work shall not exceed the rates set forth in Exhibit "B".The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Standard Agreement Page 2 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thercby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. Standard Agreement Page 3 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. Standard Agreement Page 4 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. Standard Agreement Page 5 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. Standard Agreement Page 6 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category Standard Agreement Page 7 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the Standard Agreement Page 8 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano City Engineer/Director of Public Works Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Mike Jensen, CEG Associate Geologist Leighton Consulting, Inc. 3934 Murphy Canyon Rd., Ste B205 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. Standard Agreement Page 9 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto arc hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. Standard Agreement Page 10 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /// /// /// /// /// Standard Agreement Page 11 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandraotelo Solis, Mayor APPROVED AS TO FORM: Mo s-Jones Attorney Standard Agreement Revised May 2019 Page 12 of 12 LEIGHTON CONSULTING, INC., A CALIFORNIA CORPORATION (Corporation -- signatures of t<vyvrporate officers required) By: By: 8/19/2020 (Name Thomas C. Benson, Jr. (Print) President and CEO (Title) Zo (Name) Ally L77 (Print) 5L//'9f- °IL- r_ (Title) City of National City and Leighton Consulting, Inc. EXHIBIT A 4 Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY Roberto Yano, PE Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950 June 10, 2019 RE: Statement of Qualifications (SOQ) to provide On -Call Project Support Services for National City's Capital Improvement Project (CIP) — Discipline: Geotechnical (includes Soils & Materials Testing) The Request for Qualifications (RFQ) for On -Call Project Support Services for National City's Capital Improvement Project (CIP) advertised May 1, 2019, seeks to position the most competent, highest quality firms on the City's team to help achieve the utmost value with respect to City-wide improvements. In response to this request, we have assembled a team of professionals that meet this goal and respectfully submit our Statement of Qualifications. Our firm looks forward to the potential opportunity of becoming a part of your team. Leighton has long-standing roots in San Diego County, having provided geotechnical engineering services for thousands of projects within County boundaries, including dozens of On -Call contracts for the different municipalities, school districts, and water districts within the County, in addition to SANDAG and Caltrans. Leighton's team, led by the proposed project manager, Mike Jensen, has had the privilege of working with National City as a subconsultant on a dozen improvement projects since 2011. Our assembled team brings more than 30+ years of experience in geotechnical work related to design and construction projects in San Diego County. This extensive local experience gives us a strong comprehension of the City's standards and performance expectations. Our local San Diego office, established in 1979, is located in Kearny Mesa adjacent to the I-15. We provide a local management team with experience and autonomy. Leighton has a deep bench of California licensed Geotechnical Engineers (GEs), Professional Engineers (PE), Professional Geologist (PGs) and Certified Engineering Geologists (CEGs), and also appropriately licensed and experienced field and laboratory staff comprehensively trained and certified for both soils and materials testing and inspection. We are well -staffed, giving us the ability to handle fluctuations in workload. As Senior Vice President of Leighton Consulting, Inc., I, Kris R. Lutton, am authorized to represent the organization. Should you have any questions or need further information during the proposal evaluation period, please do not hesitate to contact either the Project Manager, Mr. Mike Jensen at (858) 300-8494 or at mjensen@leightongroup.com, or myself at (949) 681-4203 or via email at klutton@leightongroup.com. We look forward to working with National City. Respectfully Submitted, LEIGHTON CONSULTING, INC. Kris R. Lutton Senior Vice President 3934 Murphy Canyoi: R(,acr .Suite B -205 • Sar GDego. GA 9212S-4425 858 292 R030 • R514 2- n771 Fax EXECUTIVE SUMMARY Leighton Consulting, Inc. (Leighton) is a collaboration of consulting engineers, geologists, scientists, inspectors, and technicians who provide turnkey geotechnical consulting services across Southern California. Leighton has 58 years of service in the region and a continuous presence in the County of San Diego for more than 35 years. Leighton has established a strong local presence and has built a . successful history with a long list of clients in the area, including the National City (the City), City of San Diego, County of San Diego Public Works, and SANDAG. Since 2011, Leighton has provided National City with Geotechnical services on a variety of different projects including improvements, modernizations, and design and construction of infrastructure, parks, and housing development. The attached Statement of Qualifications (SOQ) will highlight our capabilities and experience which qualify us to continue to serve National City with the exemplary services our clients have come to expect. LEIGHTON'S TEAM We have hand-picked a team of knowledgeable and experienced professionals, all highly skilled in projecting the resources and time needed to bring projects to successful completion and helping the City achieve its goal of avoiding or minimizing costs and schedule delays. Our team's project manager, Mike Jensen, has more than 21 years of experience in Quality Assurance testing and geotechnical work related to the design and construction of highway and bridge projects in San Diego County. 100% of Leighton's professional personnel hold college degrees, many with post graduate degrees. The City can contract with Leighton in confidence that our personnel have the technical education, training, and experience to provide sound engineering solutions. Our proposal team, based primarily in San Diego, has a combined 100+ years of local experience including facilities, highways, roads, and underground pipelines. Leighton's San Diego Team knows San Diego from the coastal bluffs, to the faults, canyons, and soils. This knowledge of San Diego geology and local and state agencies means that Leighton's scope of work will be well defined, meaningful to the project site, and the schedule will be realistic taking in to consideration the anticipated time frames for permitting The key team members presented within this document have an average of 20 years with the company. It is this longevity within our firm that creates an unrivaled internal team history. With this alliance, we are committed to seamlessly become a part of the County team, bringing our 30+ years of experience on public works and capital improvements projects. Leighton Contact Information Mike Jensen, PG, CEG Sr. Project Geologist 858.300.8494 office 619.247.8721 mobile mjensen@leightongroup.com Years of Experience 58 years (Est. 1961) Size of Organization 175 Employees Firm Type CA Corporation Local Office Location 3934 Murphy Canyon Road. Suite B-205 San Diego, CA 92123 Office Locations • San Diego (Project Office) • Temecula ■ Irvine • Los Angeles • Rancho Cucamonga • Santa Clarita ■ Ventura • Palm Desert Licenses DIR Registration: 1000007443 Contractors: 858635 (A-HAZ) Leighton 4 LEIGHTON'S EXPERIENCE With 58 years of southern California experience, we have an incomparable history and basis for understanding a site's issues and constraints. In this time, we've successfully completed projects up to $1.3 billion in construction value and won over 50 awards for engineering excellence. Leighton is structured and operates in strategically located offices with management autonomy to provide services as needed, along with the backing of our larger corporate resources and personnel strength of over 175 employees. Our services will be mobilized out of our San Diego office with support from our seven other southern California offices, as needed. Our municipal infrastructure experience for cities, local water districts and regional authorities includes geotechnical testing and materials testing support for numerous roadways, reservoirs, pump stations, transmission lines, and other city maintenance and water treatment facilities. We have worked for every city in San Diego County, either directly or indirectly, during construction of infrastructure projects. We have worked with the city engineering and public works to provide pavement sections utilizing geosynthetic materials and project specific recommendation to minimize impacts to existing improvements such as shallow underground utilities which provides costs savings and increases production during construction. We have also recently provided geotechnical services with the Port of San Diego at the Pasha Site, 32nd street Marina, and Pepper Park. Leighton specializes in As -Needed contracts, primarily with large public entities. We have enjoyed building long-term relationships with our many repeat clients —our strength and stability over five decades has allowed us to build a loyal and diverse public and private client base. Some of our local, long-term clients include: Local San Diego County On -Call Contracts Major Southern California On -Call Contracts • San Diego Housing Commission • San Diego Association of Governments • San Diego Metropolitan Transit System • Caltrans D11: Construction Management On -Call • City of National City, c/o Kimley Horn Associates • City of San Diego • City of Carlsbad • Grossmont-Cuyamaca Community College District • Grossmont Union High School District ■ Helix Water District ■ Olivenhain Municipal Water District • Padre Dam Municipal Water District • San Marcos Unified School District Leighton ■ Metropolitan Water District c/o Carollo • Southern California Edison Company • City of Los Angeles Dept. of Public Works ■ City of Los Angeles Harbor Department ■ County of LA, Chief Executive Office • County of LA Department of Public Works • LA Metropolitan Transportation Authority • LA Department of Water and Power • G&M Oil 5 EXPERIENCE & TECHNICAL COMPETENCE A. DISCIPLINE: GEOTECHNICAL (INCLUDING SOILS & MATERIALS TESTING) Leighton is accustomed to utilizing all of our resources, whether for technical expertise or schedule demands. Currently, Leighton's project work is a result of 80% repeat clients. We attain such a high percentage of repeat business by meeting design and construction schedules with competent and trained personnel and quality laboratory results. Leighton's local, in-house, and available resources include numerous registered professionals and even more support personnel such as staff engineers, geologists, engineering technicians, inspectors and a CAD operator. An additional 130 resources are available within 60 miles —added to our many local subconsultants, and your projects will not be delayed because of Leighton. We have ample resources to ensure your projects are given the full and prompt attention they require. B. STAFFING PLAN/PERSONNEL Leading the Leighton Team is our Project Manager, Mike Jensen, a Certified Engineering Geologist. Mr. Jensen will approach each task under this contract individually and assign the project teams based upon a foundation of specific knowledge, and project experience, and prior collaborations with National City. Mr. Jensen will be in charge of approving submittals and coordinating with the City, State, and other affected agencies. His broad technical background enables him to effectively deploy our technical bench by keeping our experts focused on tasks at hand by establishing and implementing clear guidelines and objectives. He has repeatedly demonstrated his ability to deliver on time and on budget. Additional details of Mr. Jensen's credentials are provided later in this section (resume) Leighton's team will be available to the City throughout the duration of this contract and assures that an adequate number of qualified professionals will be made available to the City to perform the services proposed. Leighton is staffed with a deep bench of registered/certified engineers, geologists, scientists, inspectors, and technicians located across the southern California region, throughout our seven other office locations. Should the occasion arise that a member of the proposed staff is unavailable, any number of Leighton's bench of registered professionals and field staff can be made available to the city and can quickly mobilize to meet needs. C. ORGANIZATIONAL CHART We have hand-picked a team of knowledgeable and experienced professionals, all highly skilled in projecting the resources and time needed to bring any project, even one with an unforeseen challenge, to its successful completion and help the City achieve its goal of avoiding or minimizing costs and schedule delays. The Organizational Chart on the following page illustrates the structure of our project team, including reporting relationships to the Project Manager and supervision of project team staff. Resumes of staff experience are provided on the pages that follow. Leighton METHOD $ITEST TRIAXIAL TESTS Unconfined compression strength of cohesive soil 135 (with stress/strain plot, ASTM D2166) Unconsolidated undrained triaxial compression test on cohesive soils 170 (UU, ASTM D2850, USACE Q test, per confining stress) Consolidated undrained triaxial compression test for cohesive soils, 375 (CU, ASTM D4767, USACE R-bar test) with back pressure 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): - Sand or silty sand soils (per confining stress) 375 - Silt or clayey sand soils (per confining stress) 500 - Clay soils (per confining stress) 705 - Three -stage triaxial (sand or silty sand soils) 655 - Three -stage triaxial (silt or clayey sand soils) 875 - Three -stage triaxial (clay soils) 1,235 Remolding of test specimens 65 Leighton I Fee Schedule METHOD $ITEST HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible -wall permeameter with backpressure 310 saturation at one effective stress (EPA 9100/ASTM D5084, falling head Method C): - Each additional effective stress 120 - Hand trimming of soil samples for horizontal K 60 Remolding of test specimens 65 Permeability of granular soils (ASTM D2434) 135 Soil suction (filter paper method, ASTM D5298) 400 SOIL -CEMENT Moisture -density curve for soil -cement mixtures (ASTM D558) 240 Wet -dry durability of soil -cement mixtures (ASTM D559)' 1,205 Compressive strength of molded soil -cement cylinder (ASTM D1633)' 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 METHOD CONSTRUCTION MATERIALS LABORATORY TESTING $ITEST METHOD CONCRETE STRENGTH CHARACTERISTICS Concrete cylinders compression (ASTM C39) (6" x 12") Concrete cylinders compression (ASTM C39) (4" x 8") Compression, concrete or masonry cores (testing only) 56 inch (ASTM C42) Trimming concrete cores (per core) Flexural strength of concrete (simple beam-3rd pt. loading, ASTM C78/CTM 523) Flexural strength of concrete (simple beam -center pt. loading, ASTM C293/CTM 523) Non shrink grout cubes (2 inch, ASTM C109/C1107) Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) Length of concrete cores (CTM 531) 25 22 40 20 85 85 25 400 40 HOT MIX ASPHALT (HMA) Resistance of compacted HMA to moisture -induced damage 2,100 (AASHTO T283/CTM 371) Hamburg Wheel, 4 briquettes (modified) (AASHTO T324) Superpave gyratory compaction (AASHTo T312/ASTM D6925) Extraction by ignition oven, percent asphalt (AASHTO T308/ASTM D6307/CTM 382) Ignition oven correction/correlation values (AASHTO T308/ASTM 1,350 D6307/CTM 382) Extraction by centrifuge, percent asphalt (ASTM D2172) Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202) Stabilometer, S-Value (ASTM D1560/CTM 366) Bituminous mixture preparation (AASHTO R30/CTM 304) Moisture content of HMA (AASHTO T329/ASTM D6037/CTM 370) Bulk specific gravity of compacted HMA, molded specimen or cores, uncoated (AASHTO T166/ASTM D2726/CTM 308) Bulk specific gravity of compacted HMA, molded specimen or 55 cores, paraffin -coated (AASHTO T275/ASTM D1188/CTM 308) Maximum density - Hveem (CTM 308) Theoretical maximum density and specific gravity of HMA (AASHTO T209/ASTM D2041/CTM 309) Thickness or height of compacted bituminous paving mixture 40 specimens (ASTM D3549) Wet track abrasion of slurry seal (ASTM D3910) 150 Rubberized asphalt (add to above rates) + 25% 900 350 150 150 135 265 80 60 50 200 130 $ITEST AGGREGATE PROPERTIES Bulk density and voids in aggregates (AASHTO T19/ASTM C29/ CTM 212) 50 Organic impurities in fine aggregate sand (AASHTO T21/ASTM C40/CTM 213) 60 LA Rattler -smaller coarse aggregate <1.5" (AASHTO T96/ASTM C131/ 200 CTM 211) LA Rattler -larger coarse aggregate 1-3" (AASHTO T96/ASTM C535/CTM 211) 250 Apparent specific gravity of fine aggregate (MSHTO T84/ASTM C128/ 130 CTM 208) Clay lumps, friable particles (AASHTO T112/ASTM C142) 175 Durability Index (AASHTO T210/ASTM D3744/CTM 229) 200 Moisture content of aggregates by oven drying (AASHTO T255/ 40 ASTM C566/CTM 226) 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 D4791/CTM 235) 215 Cleanness value of coarse aggregate (CTM 227) 210 Soundness, magnesium (AASHTo TiO4/ASTM C88/CTM 214) 225 Soundness, sodium (AASHTO T104/ASTM C88/CTM 214) 650 MASONRY Mortar cylinders (2" by 4", ASTM C780) Grout prisms (3" by 6", ASTM C1019) Masonry cores compression, 56" diameter (testing only, ASTM C42) Masonry core -shear, Title 24 (test only) Veneer bond strength, cost for each (5 required, ASTM C482) CMU compression to size 8" x 8" x 16" (3 required, ASTM C140) CMU moisture content, absorption & unit weight (6 required, ASTM C140) CMU linear drying shrinkage (ASTM C426) CMU grouted prisms (compression test s8" x 8" x 16", ASTM C1314) CMU grouted prisms (compression test > 8" x 8" x 16", ASTM C1314) BRICK Compression (cost for each, 5 required, ASTM C67) 25 25 40 80 55 45 40 175 180 250 40 Fee/2019 www.leightongroup.com PAGE 2 of 4 METHOD $/TEST REINFORCING STEEL Rebar tensile test up to <_ No. 10 bars (ASTM A370) Rebar tensile test > No. 10 bars <_ No. 17 (ASTM A370) Rebar bend test, up to <— No. 10 bars (ASTM A370) Rebar bend test > No. 10 bars s No. 17 (ASTM A370) Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775) Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775) Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775) Tensile strength, 5100,000 pounds axial load (ASTM A370) Prestressing wire, tension (ASTM A416) Sample preparation (cutting) Resistance butt -welded hoops/bars, up to No. 10 (CTM 670) Post -tensioned bars (ASTM A772) 45 100 45 150 45 65 55 45 150 50 180 420 g ito: Fee Schedule METHOD $/TEST SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E605) 60 BEARING PADS/PLATES AND JOINT SEAL Elastomeric bearing pads (Caltrans SS 51-3) 990 Elastomeric bearing pad with hardness and compression tests 1230 (Caltrans SS 51-3) Type A Joint Seals (Caltrans SS 51-2) 1620 Type B Joint Seals (Caltrans SS 51-2) 1530 Bearing plates (A536) 720 STREET LIGHTS/SIGNALS 100W HPS Lighting (Caltrans RSS 86) SAMPLE TRANSPORT Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) 1296 $/TRIP 90 1/4 inch Grab plates 1/4 inch Tubing (bonded) 1/4 inch Tubing (single) 3/8 inch Tubing, clear vinyl 4-Gas meter (RKI Eagle or similar)/GEM 2000 Air flow meter and purge pump (200 cc/min) Box of 24 soil drive -sample rings Brass sample tubes Caution tape (1000-foot roll) Combination lock or padlock Compressed air tank and regulator Concrete coring machine (56-inch-dia) Consumables (gloves, rope, soap, tape, etc.) Core sample boxes Crack monitor Cutoff saws, reciprocating, electric (Sawzall®) Disposable bailers Disposable bladders Dissolved oxygen meter DOT 55-gallon containment drum with lid Double -ring infiltrometer Dual -stage interface probe Dynamic Cone Penetrometer Generator, portable gasoline fueled, 3,500 watts Global Positioning System/Laser Range Finder Hand auger set HDPE safety fence (5100 feet) Horiba U-51 water quality meter Light tower (towable vertical mast) Magnehelic gauge Manometer EQUIPMENT, SUPPLIES & MATERIALS $/UNIT 5 each 0.55 foot 0.35 foot 0.55 foot 130 day 50 day 120 box 10 each 20 each 11 each 50 day 150 day 35 day 11 each 25 each 75 day 12 each 10 each 45 day 65 drum 125 day 80 day 400 day 90 day 80 day 90 day 40 roll 135 day 150 day 15 day 25 day $/UNIT Mileage (IRS Allowable) 0.58 Moisture test kit (excludes labor to perform test, ASTM E1907) 60 Nuclear moisture and density gauge 88 Pachometer 25 Particulate Monitor 125 pH/Conductivity/Temperature meter 55 Photo -Ionization Detector (PID) 120 Pump, Typhoon 2 or 4 stage 50 QED bladder pump w/QED control box 160 Quire fee — Phase I only 200 Resistivity field meter & pins 50 Slip / threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40 15 Slope inclinometer Soil sampling T-handle (Encore) Soil sampling tripod Stainless steel bailer Submersible pump, 10 gpm, high powered Grundfos 2-inch with controller Submersible pump/transfer pump, 10-25 gpm Support service truck usage (well installation, etc.) Survey/fence stakes Tedlar® bags Traffic cones (525)/barricades (single lane) Turbidity meter Tyvek® suit (each) Vapor sampling box Vehicle usage (carrying equipment) VelociCalc Visqueen (20 x 100 feet) Water level indicator (electronic well sounder) <300 feet deep well ZIPLEVEL® Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site 200 10 35 40 160 50 200 8 18 50 70 18 55 20 35 100 60 mile test day day day day day day day each day each day day day day day day day each each day day each day hour day roll day 15 day Fee/2019 www.leightongroup.com PAGE 3 of 4 Leighton I Fee Schedule TERMS & CONDITIONS • Expiration: This fee schedule shall remain fixed throughout the term of the contract. • 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 are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, you will be notified and additional fees will be charged. • Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) determination and is multiplied at 1.5 to 2 times their hourly billing rate. • 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 timet. • 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. • Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. • 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 Fee/2019 www.leightongroup corn PAGE 4 of 4 ACO ?0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 06/20/020 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 po icy, 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 Tutton Insurance Services 2913 S Pullman Street License #0B89376 Santa Ana CA 92705 CONTACT Certificate Department NAME: PHONE Est): 261-5335 FAX(AIC No): (949) 261-1911 E-MAIL Bernadette Reza or Catlin Ortiz ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: West American Insurance 44393 INSURED Leighton Consulting, Inc. 17781 Cowan Ste. 200 Irvine CA 92614 INSURER B: INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 19-20 WC Consulting 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE AUDL INSD SLAWPOLICY WVD POLICY NUMBER EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RCN FED PREMISES (Ea occurrence) S CLAIMS -MADE OCCUR MED EXP (Any one person) S PERSONAL B ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - PRODUCTS - COMP/OP AGG $ S AUTOMOBILE - - - LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY - _ SCHEDULED . AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) S $ - UMBRELLA LAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y I N N NIA XWW60245009 09/01/2019 09/01/2020 �/S X STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,01�,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: City of National City/on-call contract, various locations Workers' Compensation Waiver of Subrogation per WC990679.0113 CERTIFICATE HOLDER CANCELLATION City of National City do Risk Manager 1243 National City Blvd National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WC 99 06 79 (Ed. 01-13) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement is $ included Schedule Person or Organization matik, t Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy Effective 09/01/2019 State Policy No. XWW (20) 60 24 50 09 Insured LEIGHTON GROUP, INC. Endorsement No. 0008 Premium Insurance Company West American Insurance Company 11576 Countersigned by WC 99 06 79 (Ed. 01-13) ® 2013 Liberty Mutual Insurance Includes copyrighted material of WCIRB.with its permission. Client#: 1257049 305LEIGHGRO ACORDCERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/20/2020 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGriff Insurance Services 2400 E Katella Ave Suite 1100 Anaheim, CA 92806 714 941-2800 INSURED Leighton Consulting Inc 17781 Cowan Ste. 100 Irvine, CA 92614-6009 CONTACT Lori McNay PHONE Eat): 714 941-2815 (NC, No, ADDRESS: LMcNay@mcgriffinsurance.com FAX (A/C, No): INSURER(S) AFFORDING COVERAGE NAIC S INSURER A : Lexington Insurance Company 19437 INSURER B : Travelers Indemnity Co of CT 25682 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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. LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 065463440 Overall Policy 02/14/2020 General 02/14/2021 Aggregate EACH $1,000,000 CLAIMS -MADE X OCCUR p�OCCURRENCE PREMISEnEFfol uErrDence) $50,000 X Ded: $15,000 MED EXP (Any one person) sEXCLUDED PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE X LIMIT APPLIES JECT X PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGO $2,000,000 $$5,000,000 B AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY BA0305L81420CAG 02/14/2020 02/14/2021 COMBINED SINGLE LIMIT (Ea eccldenU $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A x UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 006546318 02/14/2020 02/14/2021 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X RETENTION $10000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Prof/Pollutn Liab Claims Made 013001524 02/14/2020 02/14/2021 $2,000,000 Per Claim $4,000,000 Aggregate $50,000 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 06/14 and LX9605 10/01 attached to the General Liability policy as required by written contract. Primary wording applies to General Liability per Lexington's endorsement LX9838 08/05 attached to policy. Additional Insured and Primary wording applies on Automobile Liability per Travelers endorsement CAT474 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION (LC)City of National City do Risk Manager 1243 National City Blvd National City, CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #526362284/M25211722 LXMCN DESCRIPTIONS (Continued from Page 1) 0216, Blanket Additional Insured -Primary and Non -Contributory with Other Insurance, attached to the Automobile policy as required by written contract. RE: City of National City/On-Call Contract, On -Call Geotechnical Services, Various Locations. Additional Insured to include per specifications: The City of National City, its elected officials, officers, agents, employees and volunteers. Per Project Aggregate applies to General Liability per endorsement LX9695, Aggregate Limits of Insurance Per Project Amendment and Overall General Aggregate Limit, attached to policy. Notification of cancellation will be provided in accordance with the terms and conditions of the referenced policies, as contained within the attached carrier endorsement forms. SAGITTA 25.3 (2016/03) 2 of 2 #S26362284/M25211722 ENDORSEMENT This endorsement, effective 12:01 AM Forms a part of policy no.: 065463440 Issued to: Leighton Consulting Inc 02/14/2020 By: LEXINGTON INSURANCE COMPANY CANCELLATION AMENDMENT In consideration of the premium charged, it is hereby agreed that the cancellation provision is amended to 90 days in lieu of (30) days, except for non-payment of premium which remains (10) days. All other terms and conditions remain unchanged. Authorized Representative OR Countersignature (In states where applicable) L X9586 IO2/03) POLICY NUMBER: 065463440 ENDORSEMENT# 004 COMMERCIAL GENERAL LIABILITY CG 20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCFEDIIED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (LC)City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950-4397 RE: City of National City/On-Call Contract, On -Call Geotechnical Services, Various Locations. Additional Insured to include per specifications: The City of National City, its elected officials, officers, agents, employees and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily in- jury" or "property damage" occurring after: CG 20101001 LX9605 (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. *ISO Properties, Inc., 2000 Page 1 of 1 ❑ ENDORSEMENT # 021 This endorsement, effective 12:01 AM 02/14/2020 Forms a part of policy no.: 065463440 Issued to: LEIGHTON GROUP, INC. By: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS (Based on CG2037 (34/13) This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Additional Insured Person(s) Location of Completed Operations or Organization(s) AS REQUIRED BY WRITTEN CONTRACT (LC)City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950-4397 RE: City of National City/On-Call Contract, On -Call Geotechnical Services, Various Locations. Additional Insured to include per specifications: The City of National City, its elected officials, officers, agents, employees and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: LX43 16 (06/14) Includes Copyrighted Information of the Insurance Services Page I of 2 Offices, Inc., with its permission. All Rights Reserved. 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of the policy remain the same. Authorized Representative LX4316 (06/14) Includes Copyrighted Information of the Insurance Services Page 2 of 2 Offices, Inc., with its permission. All Rights Reserved. ENDORSEMENT This endorsement, effective 12:01 AM 02/14/2020 Forms a part of policy no.: 065463440 Issued to: Leighton Consulting Inc By: LEXINGTON INSURANCE COMPANY PRIMARY/NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non-contributing. All other terms and conditions of the policy remain the same. Authorized Representative OR Countersignature (In states where applicable) LX9838 (08/05) Leighton Consulting Inc BA0305L81420CAG COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CAT4740216 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. u 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ENDORSEMENT # 006 This endorsement, effective 12:01 AM 02/14/2020 Forms a part of policy no.: 065463440 Issued to: LEIGHTON GROUP, INC. By: LEXINGTON INSURANCE COMPANY AGGREGATE LIMITS OF INSURANCE - PER PROJECT AMENDMENT AND OVERALL GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the policy: Subject to the Overall General Aggregate Limit stated in Item 3 of the Declarations, the General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your "projects" away from premises owned by or rented to you. It is further understood and agreed that the following changes are made to the policy: (1) Item 3, Limits of Insurance in the Declarations is amended by the addition thereto of the following Limit: Overall General Aggregate Limit - $ 5,000,000 (2) SECTION III- LIMITS OF INSURANCE is amended by the addition thereto of the following paragraph under paragraph 6. 7. The Overall General Aggregate Limit is the most we will pay under Coverages A and B for the sum of all Limits of Insurance as provided in this SECTION III regardless of the number of your "projects"; except for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". For the purpose of this endorsement, "project" means the work for which the Named Insured is responsible according to a contract between the Named Insured as the contractor or sub -contractor, and an owner, developer or general or sub -contractor. All other terms and conditions remain unchanged. Authorized Representative OR Countersignature (In states where applicable) LX9695 (02/04) Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc. Policy #065463440 02/14/20-02/14/21 the first Named Insured will pay the difference to us due and payable upon notice. Subject to the Annual Minimum Premium shown in Item 4.B. of the Declarations, if the earned premium is he Total Advance Premium, we will return the difference to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. The first Named Insured shown on the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. 6. Representations By accepting this policy, you agree that: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those nsferred to us. The insured must do nothing after loss to impair them. At our request, " uit" or transfer those rights to us and help us enforce them. the insured will brin 9. Cancellation med Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is canceled, we will send the first Named Insured any premium refund due. if we cancel, the refund will be pro rata. If the first Named Insured cancels, earned premium will be calculated in accordance with the customary short -rate table and procedure, or the Minimum Earned Premium at Inception of the policy shown in Item 4.C. of the Declarations, which ever is greater. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 10. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorised to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 11. Examination of your Books and Records LX9641 (02/11) Includes Copyrighted information of insurance Services Offices, Inc. with its permission. All Rights Reserved. Page 22 of 24 Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc Policy #BA0305L81420CAG 02/14/20-02/14/21 o= o= o= o= COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: A. Cancellation 1. The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of can- cellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of can- cellation if we cancel for any other rea- son. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. If the policy is cancelled, that date will become the end of the policy period. If a Coverage Part is cancelled, that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can- celled, we will send the first Named Insured any premium refund due. If we cancel, the re- fund will be pro rata. If the first Named In- sured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re- fund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us as part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspec- tions, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: E. a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advi- sory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or rec- ommendations we may make relative to certi- fication, under state or municipal statutes, or- dinances or regulations, of boilers, pressure vessels or elevators. Premiums 1. The first Named Insured shown in the Decla- rations: Is responsible for the payment of all pre- miums; and Will be the payee for any return premi- ums we pay. 2. We compute all premiums for this policy in accordance with our rules, rates, rating plans, premiums and minimum premiums. The pre- mium shown in the Declarations was com- puted based on rates and rules in effect at a. b. IL TO 01 01 07 (Rev. 06-09) Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 002095 the time the policy was issued. On each re- newal continuation or anniversary of the ef- fective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary cus- tody of your property will have your rights and duties but only with respect to that property. G. Equipment Breakdown Equivalent to Boiler and Machinery On the Common Policy Declarations, the term Equipment Breakdown is understood to mean and include Boiler and Machinery and the term Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below (each a stock company) has executed this policy, and this policy is counter- signed by the officers listed below: The Travelers Indemnity Company (IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) Travelers Property Casualty Company of America (TIL). The Travelers Indemnity Company of Connecticut (TCT) The Travelers Indemnity Company of America (TIA) Travelers Casualty Insurance Company of America (ACJ) 41441 Secretary Page 2 of 2 President Includes the copyrighted material of Insurance Services Office, Inc. with its permission. IL TO 01 01 07 (Rev. 06-09) A. Appeals Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc. Policy #006546318 02/14/20-02/14/21 In the event the first Named Insured or the first Named Insured's underlying insurer (if applicable) elect(s) not to appeal a judgement in excess of the "Retained Amount", we may elect to make such appeal at our own cost and expense, and we shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall our liability for damages exceed the sum set forth in the Declaration's for any one "occurrence", including the cost and expense of such appeal. B. Examination of Your Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three (3) years after the expiration or termination of this policy. C. Bankruptcy or Insolvency Your receivership bankruptcy, insolvency or inability to pay or the receivership bankruptcy, insolvency or inability to pay of any of your underlying insurers will not relieve us from the payment of damages covered by this policy. But under no circumstances will such receivership bankruptcy, insolvency or inability to pay in any way increase or expand our liability or require us to drop down, replace or assume any obligation under "scheduled underlying insurance". D. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The "policy period" will end on that date. 5. If this policy is canceled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, earned premium will be calculated in accordance with the customary short -rate table and procedure, or the Minimum Earned Premium at Inception of the policy shown in Item 5 of the Declarations, which ever is greater. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. E. Change In Control If during the "policy period": 1. the first Named Insured designated in Item 1 of the Declarations consolidates with or merges into, or sells all or substantially all of its assets to any person or entity; or 2. any person or entity acquires an amount of the outstanding ownership interests representing more than 50% of the voting or designation power for the election of directors of the first Named Insured designated in Item 1 of the Declarations, or acquires the voting or designation rights of such an amount of ownership interests; This policy will continue in full force and effect as to "bodily injury" and "property damage" that occur prior to the effective date of such transaction and "personal and advertising injury" caused by an "occurrence" that takes place prior to the effective date of such transaction. There will be no coverage afforded by this policy for "bodily injury" or "property damage" that occurs on or after the effective date of such transaction and "personal and advertising injury" caused by an "occurrence" that takes place on or after the effective date of such transaction. OC-UMBR LX9799 (10/05) Page 20 of 24 Leighton Group Inc, Leighton Consulting Inc Policy #013001524 02/14/20-02/14/21 D. SUBROGATION In the event of any payment under this policy, the Company shall be subrogated to all the Insured's rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after an incident reasonably likely to give rise to a Claim to prejudice such rights. The Company agrees to waive this right of subrogation against the client of the Insured to the ex- tent that the Insured had, prior to a Claim, a written agreement to waive such rights. E. HOW OTHER INSURANCE APPLIES Where other insurance is available to the Insured for Loss covered under the terms and conditions of this policy, the Company's obligation to the Insured shall be as follows: 1. This policy shall apply as excess insurance over any other valid insurance, whether collectible or not, be it primary, excess or contributing. This excess insurance shall in no way be increased or expanded as a result of the receivership, insolvency, or inability to pay of any insurer with re- spect to both the duty to indemnify and the duty to defend. This also applies to the Insured while acting as a self -insured for any coverage. 2. Where, in accordance with paragraph 1, above, this policy is excess insurance, the Company will: a. pay only its share of the amount of Loss, if any, that exceeds the total amount of all such valid insurance, whether collectible or not; including any deductible, self -insured retention or other retained amount; and b. pay only for such Loss as is covered by the terms and conditions of this policy. The Insured shall promptly, upon request of the Company, provide the Company with copies of all policies potentially applicable, whether collectable or not, against the liability covered by this policy. F. CHANGES MADE TO THIS POLICY Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the Company from asserting any right under the terms of this policy. The terms and conditions of this policy cannot be waived or changed except by specific written endorsement issued by the Company and made part of this policy. G. ASSIGNMENT OF THE INSURED'S INTEREST: The interest of the Insured under this policy is not assignable to any other person or organization without the prior written consent of the Company. The Named Insured may cancel this policy by returning the policy to the Company or its authorized representatives. The Named Insured can also cancel this policy by written notice to the Company stating at what future date cancellation is to be effective. If the Named Insured cancels, earned premium shall be computed using the customary short rate table, subject to the Minimum Earned Premium at Inception shown in Item 5. C. of the Declarations, whichever is greater. The Company may cancel this policy by written notice to the Named Insured, at the address last known to the Company. The Company will provide written notice at least thirty (30) days before cancellation is to be effective. CMPL509 (LX8533 (12/09)) Page 13 of 17 However, the Named Insured will only be entitled to ten (10) day's notice if the Company cancels because: 1. the Insured has failed to pay a premium when due; or 2. the Insured has failed to pay applicable deductible amounts due. If the Company cancels, earned premium will be computed pro-rata, unless the Company cancels for the reason specified in subsections 1. or 2., in which case above, earned premium will be computed using the customary short rate table subject to the Minimum Earned Premium at Inception shown in Item 5. C. of the Declarations, whichever is greater. The mailing of any notice of cancellation shall be sufficient proof of notice. The effective date of cancellation terminates the Policy Period. Return of unearned premium is not a condition of cancellation. The Company will return unearned premium subject to the Minimum Earned Premium shown in Item 5. C. of the Declarations in due course. I. SOLE AGENT The Named Insured shall act on behalf of all other Insureds, if any, for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this policy, and giving and receiving notice of cancellation or non -renewal. J. BANKRUPTCY The bankruptcy, receivership or insolvency of an Insured or the Insured's estate or of any insurer shall not relieve the Company of any of its obligations under this policy. However, such bankruptcy, receivership or insolvency shall in no way increase the Company's liability under this policy nor will this insurance apply to liability directly or indirectly due to bankruptcy, insolvency, receivership, or subsequent liquidation. K. APPLICATION The statements in the application are the Insured's representations and are deemed material. This policy is issued based upon the truth and accuracy of such representations. Upon the binding of coverage, the application,incorporated herein by reference, shall become part of this policy. This policy embodies all agreements existing between the Insured and the Company or any of its repre- sentatives relating to this policy. L. PREMIUM and AUDIT a. All premiums for this policy will be computed in accordance with the Company's rules and rates. b. If the premium for this policy is a flat premium, it is not subject to adjustment, except that additional premium may be required for any additional exposures and/or Insureds or as provided for in SECTION V. H. CANCELLATION. The premium shown as the Total Advance Premium in Item 5. A. of the Declarations is a de- posit premium only. If the policy is subject to audit adjustment, the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Total Advance Premium, the Named Insured will pay the difference to the Company, due and payable upon notice. c. The Named Insured must keep records of the information needed by the Company for premium computation, and send copies to the Company as requested. The Named Insured is responsible CMPL509 Page 14 of 17 (LX8533 (12/09)) RESOLUTION NO. 2020 - 166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL AND SOILS AND MATERIALS TESTING; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, National City's ("City") Capital Improvement Program ("CIP") estimates approximately $80 million in Capital Improvement Projects needs over the next five years to include corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development ("LID") measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities; and WHEREAS, in order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications ("RFQ") for various engineering, architectural and construction support services on May 1, 2019; and WHEREAS, the RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City also hosted an Information Session regarding the RFQ process on May 14, 2019 at the Martin Luther King Jr. Community Center, which was attended by over 100 people; and WHEREAS, the City received 71 Statement of Qualifications ("SOQs") from various firms by the June 10, 2019 deadline and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, based on their SOQ, interview, qualifications, and past performance, City Staff recommends Executing a three-year Agreement with Leighton Consulting, Inc. with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing; and Resolution No. 2020 - 166 Page Two WHEREAS, in addition, City Staff recommends authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor to Execute a three-year Agreement with Leighton Consulting, Inc. with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute any project specific supplemental agreements as may be required for grant funded projects. PASSED and ADOPTED this 1st day of September, 2020. Alejandra Sotel-Solis, Mayor ATTEST: q LJAfL1 Michael R. Dalla, y Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on September 1, 2020 by the following vote, to -wit: Ayes: Councilmembers Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: Cano. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS BY: Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-166 of the City of National City, California, passed and adopted by the Council of said City on September 1, 2020. // Clerk of the City f N� City y onal City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2020 AGENDA ITEM NO.: 7 EM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute a three- year Agreement with Leighton Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on - call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical and soils and materials testing; and 2) authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. PREPARED BY:Tirza Gonzales, Management Analyst II' DEPARTMENT: Engineeri & Public Works PHONE: 619-336-4318 APPROVED BY: EXPLANATION: See staff report. FINANCIAL STATEMENT: APPROVED: 4FINANCE ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2021; funding for subsequent fiscal years is dependent on future CIP appropriations as part of annual budget and/or future grant awards ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution executing an Agreement with Leighton Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP. BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: Explanation 2. Agreement 3. Resolution (aria .2020— /S‘ Explanation: National City's Capital Improvement Program (CIP) estimates approximately $80 million in capital needs over the next five years. Projects include, for example, corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development (LID) measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities. In order to successfully design, manage, and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural, and construction support services on May 1, 2019. Additional services requested via the RFQ include, for example, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, housing and real estate development services, Building Department support services, and environmental compliance involving storm water, wastewater and hazardous materials. The RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms, and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. Copies of the SOQs received are available in the Office of the City Engineer. Based on the strength of their SOQ, interview, and past performance, staff recommends executing a three-year Agreement (with the option to extend for two, one year extensions) with Leighton Consulting, Inc. for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing. See Exhibit "A" for general scope of work and Exhibit "B" for schedule of fees. Services will be provided "as -needed" based on available funding and capital priorities. In addition, staff recommends authorizing the City Manager to execute any project - specific supplemental agreements, as may be required for grant funded projects. These supplemental agreements would reference the terms and conditions of the attached master on -call Agreement, while incorporating additional project -specific grant requirements for use of consultant support services. Authorization to accept and appropriate grant funds, and execute grant agreements with the awarding agency (e.g. Caltrans, SANDAG, etc.) would still require separate City Council action. -1- AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LEIGHTON CONSULTING, INC. THIS AGREEMENT is entered into on this 1st day of September, 2020, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and LEIGHTON CONSULTING, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP); WHEREAS, on May 1, 2019, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's CIP; WHEREAS, on June 10, 2019, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; WHEREAS, the CITY has determined that the CONSULTANT is a geotechnical, soils and materials testing firm; and WHEREAS, based on evaluation of the CONSULTANT SOQ and interview, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide on -call CIP project support services for the CITY, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 1, 2020. The duration of this Agreement is for the period of September 1, 2020 through August 31, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved in writing by the City Council. -2- 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, geotechnical and soils and materials testing. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services described in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables, and a "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time -and - materials basis, consistent with the detailed scope of work, and within the limits of the "not -to - exceed" cost estimate. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. The City Engineer/Director of Public Works hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Mike Jensen, CEG, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $2,000,000. The compensation for the CONSULTANT's work shall not exceed the rates set forth in Exhibit "B".The CITY will not accept CONSULTANT "mark-ups" for services provided by SUBCONSULTANTS. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, —the manner of performance -and/or the compensation -payable to the -CONSULTANT -in this Standard Agreement Page 2 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. -3- Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere the p licable term-& this ement. Standard Agreement Page 3 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. -4- 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. Standard Agreement Page 4 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. -5- 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligence, recklessness, or willful misconduct in the performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. Standard Agreement Page 5 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. -6- 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. A. PERS Eligibility Indemnification. If CONTRACTOR's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. B. Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONTRACTOR. C. Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. Standard Agreement Page 6 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. -7- 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City do Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size categpg Standard Agreement Page 7 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. -8- rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by fmal judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the Standard Agreement Page 8 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. -9- CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano City Engineer/Director of Public Works Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Mike Jensen, CEG Associate Geologist Leighton Consulting, Inc. 3934 Murphy Canyon Rd., Ste B205 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. Standard Agreement Page 9 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. -10- 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in s greemen , e erms an con ons o s greemen s a l control. Standard Agreement Revised May 2019 Page 10 of 12 City of National City and Leighton Consulting, Inc. -11- F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. /// /// /// /// 7// Standard Agreement Page 11 of 12 City of National City and Revised May 2019 Leighton Consulting, Inc. -12- N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo Solis, Mayor APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney Standard Agreement Revised May 2019 LEIGHTON CONSULTING, INC., A CALIFORNIA CORPORATION (Corporation — signatures oft s porate officers required) By: By: (Name) -T a e frofT2 8/19/2020 (Name Thomas C. Benson, Jr. (Print) President and CEO (Title) 15 L?r? (Print) (Title) City ofNational City and Leighton Consulting, Inc. -13- EXHIBIT A 4 Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY Roberto Yano, PE Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Boulevard National City, CA 91950 June 10, 2019 RE: Statement of Qualifications (SOQ) to provide On -Call Project Support Services for National City's Capital Improvement Project (CIP) — Discipline: Geotechnical (includes Soils & Materials Testing) The Request for Qualifications (RFQ) for On -Call Project Support Services for National City's Capital Improvement Project (CIP) advertised May 1, 2019, seeks to position the most competent, highest quality firms on the City's team to help achieve the utmost value with respect to City-wide improvements. In response to this request, we have assembled a team of professionals that meet this goal and respectfully submit our Statement of Qualifications. Our firm looks forward to the potential opportunity of becoming a part of your team. Leighton has long-standing roots in San Diego County, having provided geotechnical engineering services for thousands of projects within County boundaries, including dozens of On -Call contracts for the different municipalities, school districts, and water districts within the County, in addition to SANDAG and Caltrans. Leighton's team, led by the proposed project manager, Mike Jensen, has had the privilege of working with National City as a subconsultant on a dozen improvement projects since 2011. Our assembled team brings more than 30+ years of experience in geotechnical work related to design and construction projects in San Diego County. This extensive local experience gives us a strong comprehension of the City's standards and performance expectations. Our local San Diego office, established in 1979, is located in Kearny Mesa adjacent to the 1-15. We provide a local management team with experience and autonomy. Leighton has a deep bench of California licensed Geotechnical Engineers (GEs), Professional Engineers (PE), Professional Geologist (PGs) and Certified Engineering Geologists (CEGs), and also appropriately licensed and experienced field and laboratory staff comprehensively trained and certified for both soils and materials testing and inspection. We are well -staffed, giving us the ability to handle fluctuations in workload. As Senior Vice President of Leighton Consulting, Inc., I, Kris R. Lutton, am authorized to represent the organization. Should you have any questions or need further information during the proposal evaluation period, please do not hesitate to contact either the Project Manager, Mr. Mike Jensen at (858) 300-8494 or at mjensen@leightongroup.com, or myself at (949) 681-4203 or via email at klutton@leightongroup.com. We look forward to working with National City. Respectfully Submitted, LEIGHTON CONSULTING, INC. Kris R. Lutton Senior Vice President 3934 Murphy Canyon Roac . Suite 8205 • San Diego. CA 92123-4425 858.292.8030 • 858.292 0771 Fax -14- EXECUTIVE SUMMARY Leighton Consulting, Inc. (Leighton) is a collaboration of consulting engineers, geologists, scientists, inspectors, and technicians who provide turnkey geotechnical consulting services across Southern California. Leighton has 58 years of service in the region and a continuous presence in the County of San Diego for more than 35 years. Leighton has established a strong local presence and hasbuilt a successful history with a long list of clients in the area, including the National City (the City), City of San Diego, County of San Diego Public Works, and SANDAG. Since 2011, Leighton has provided National City with Geotechnical services on a variety of different projects including improvements, modernizations, and design and construction of infrastructure, parks, and housing development. The attached Statement of Qualifications (50Q) will highlight our capabilities and experience which qualify us to continue to serve National City with the exemplary services our clients have come to expect. LEIGHTON'S TEAM We have hand-picked a team of knowledgeable and experienced professionals, all highly skilled in projecting the resources and time needed to bring projects to successful completion and helping the City achieve its goal of avoiding or minimizing costs and schedule delays. Our team's project manager, Mike Jensen, has more than 21 years of experience in Quality Assurance testing and geotechnical work related to the design and construction of highway and bridge projects in San Diego County. 100% of Leighton's professional personnel hold college degrees, many with post graduate degrees. The City can contract with Leighton in confidence that our personnel have the technical education, training, and experience to provide sound engineering solutions. Our proposal team, based primarily in San Diego, has a combined 100+ years of local experience including facilities, highways, roads, and underground pipelines. Leighton's San Diego Team knows San Diego from the coastal bluffs, to the faults, canyons, and soils. This knowledge of San Diego geology and local and state agencies means that Leighton's scope of work will be well defined, meaningful to the project site, and the schedule will be realistic taking in to consideration the anticipated time frames for permitting The key team members presented within this document have an average of 20 years with the company. It is this longevity within our firm that creates an unrivaled internal team history. With this alliance, we are committed to seamlessly become a part of the County team, bringing our 30+ years of experience on public works and capital improvements projects. Leighton Contact Information Mike Jensen. PG. C.EG Sr. Project Geologist 85S 300.8494 office 619.247.8721 mobile mjensen@leightongroup.com Years of Experience 58 years (Est. 1961) Size of Organization 175 Employees Firm Type CA Corporation Local Office Location 3934 Murphy Canyon Road. Suite B-205 San Diego. CA 92123 Office Locations • San Diego (Project Office) • Temecula • rvine • Jos Angeles • Rancho Cucamonga • Santa Clar ita • Ventura • Palm Desert Licenses DIR Registration: 1000007443 Contractors: 858635 (A-HAZ) 4 -15- LEIGHTON'S EXPERIENCE With 58 years of southern California experience, we have an incomparable history and basis for understanding a site's issues and constraints. In this time, we've successfully completed projects up to $1.3 billion in construction value and won over 50 awards for engineering excellence. Leighton is structured and operates in strategically located offices with management autonomy to provide services as needed, along with the backing of our larger corporate resources and personnel strength of over 175 employees. Our services will be mobilized out of our San Diego office with support from our seven other southern California offices, as needed. Our municipal infrastructure experience for cities, local water districts and regional authorities includes geotechnical testing and materials testing support for numerous roadways reservoirs, pump stations, transmission lines, and other city maintenance and water treatment facilities We have worked for every city in San Diego County, either directly or indirectly, during construction of infrastructure projects. We have worked with the city engineering and public works to provide pavement sections utilizing geosynthetic materials and project specific recommendation to minimize impacts to existing improvements such as shallow underground utilities which provides costs savings and increases production during construction. We have also recently provided geotechnical services with the Port of San Diego at the Pasha Site, 32nd street Marina, and Pepper Park. Leighton specializes in As -Needed contracts, primarily with large public entities. We have enjoyed building long-term relationships with our many repeat clients —our strength and stability over five decades has allowed us to build a loyal and diverse public and private client base. Some of our local, long-term clients include: Local San Diego County On -Call Contracts • San Diego Housing Commission • San Diego Association of Governments • San Diego Metropolitan Transit System • Caltrans D11: Construction Management On -Call • City of National City, c/o Kimley Horn Associates • City of San Diego • City of Carlsbad ■ Grossmont-Cuyamaca Community College District • Grossmont Union High School District • Helix Water District ■ Olivenhain Municipal Water District ■ Padre Dam Municipal Water District • San Marcos Unified School District Leighton Major Southern California On -Call Contracts • Metropolitan Water District c/o Carollo • Southern California Edison Company • City of Los Angeles Dept. of Public Works ■ City of Los Angeles Harbor Department • County of LA, Chief Executive Office s County of LA Department of Public Works • LA Metropolitan Transportation Authority ■ LA Department of Water and Power • G&M Oil 5 -16- EXPERIENCE & TECHNICAL COMPETENCE A. DISCIPLINE: GEOTECHNICAL (INCLUDING SOILS & MATERIALS TESTING) Leighton is accustomed to utilizing all of our resources, whether for technical expertise or schedule demands. Currently, Leighton's project work is a result of 80% repeat clients. We attain such a high percentage of repeat business by meeting design and construction schedules with competent and trained personnel and quality laboratory results. Leighton's local, in-house, and available resources include numerous registered professionals and even more support personnel such as staff engineers, geologists, engineering technicians, inspectors and a CAD operator. An additional 130 resources are available within 60 miles —added to our many local subconsultants, and your projects will not be delayed because of Leighton. We have ample resources to ensure your projects are given the full and prompt attention they require. B. STAFFING PLAN/PERSONNEL Leading the Leighton Team is our Project Manager, Mike Jensen, a Certified Engineering Geologist. Mr. Jensen will approach each task under this contract individually and assign the project teams based upon a foundation of specific knowledge, and project experience, and prior collaborations with National City. Mr. Jensen will be in charge of approving submittals and coordinating with the City, State, and other affected agencies. His broad technical background enables him to effectively deploy our technical bench by keeping our experts focused on tasks at hand by establishing and implementing clear guidelines and objectives. He has repeatedly demonstrated his ability to deliver on time and on budget. Additional details of Mr. Jensen's credentials are provided later in this section (resume) Leighton's team will be available to the City throughout the duration of this contract and assures that an adequate number of qualified professionals will be made available to the City to perform the services proposed. Leighton is staffed with a deep bench of registered/certified engineers, geologists, scientists, inspectors, and technicians located across the southern California region, throughout our seven other office locations. Should the occasion arise that a member of the proposed staff is unavailable, any number of Leighton's bench of registered professionals and field staff can be made available to the city and can quickly mobilize to meet needs. C. ORGANIZATIONAL CHART We have hand-picked a team of knowledgeable and experienced professionals, all highly skilled in projecting the resources and time needed to bring any project, even one with an unforeseen challenge, to its successful completion and help the City achieve its goal of avoiding or minimizing costs and schedule delays. The Organizational Chart on the following page illustrates the structure of our project team, including reporting relationships to the Project Manager and supervision of project team staff. Resumes of staff experience are provided on the pages that follow. Leighton 7 -17- EXHIBIT B METHOD TRIAXIAL TESTS Unconfined compression strength of cohesive soil (with stress/strain plot, ASTM D2166) Unconsolidated undrained triaxial compression test on cohesive soils (UU, ASTM D2850, USACE Q test, per confining stress) Consolidated undrained triaxial compression test for cohesive soils, (CU, ASTM D4767, USACE R-bar test) with back pressure saturation & pore water pressure measurement (per confining stress) Consolidated drained biaxial compression test (CD, USACE S test), with volume change measurement. Price per soil type below EM 1110-2-1906(X): - Sand or silty sand soils (per confining stress) - Silt or clayey sand soils (per confining stress) - Clay soils (per confining stress) - Three -stage triaxial (sand or silty sand soils) - Three -stage triaxial (silt or clayey sand soils) - Three -stage triaxial (clay soils) Remolding of test specimens Leighton I Fee Schedule $/TEST METHOD $ITE HYDRAULIC CONDUCTIVITY TESTS 135 Triaxial permeability in flexible -wall permeameter with backpressure 310 saturation at one effective stress 170 (EPA 9100/ASTM D5084, falling head Method C): - Each additional effective stress 120 375 - Hand trimming of soil samples for horizontal K 60 Remolding of test specimens 65 Permeability of granular soils (ASTM D2434) 135 Soil suction (filter paper method, ASTM D5298) 400 375 500 705 655 875 1,235 65 SOIL -CEMENT Moisture -density curve for soil -cement mixtures (ASTM D558) 240 Wet -dry durability of soil -cement mixtures (ASTM D559)' 1,205 Compressive strength of molded soil -cement cylinder (ASTM D1633)' 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 METHOD CONSTRUCTION MATERIALS LABORATORY TESTING $/TEST METHOD CONCRETE STRENGTH CHARACTERISTICS Concrete cylinders compression (ASTM C39) (6" x 12") Concrete cylinders compression (ASTM C39) (4" x 8") Compression, concrete or masonry cores (testing only) 56 inch (ASTM C42) Trimming concrete cores (per core) Flexural strength of concrete (simple beam-3rd pt. loading, ASTM C78/CTM 523) Flexural strength of concrete (simple beam -center pt. loading, ASTM C293/CTM 523) Non shrink grout cubes (2 inch, ASTM C109/C1107) Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) Length of concrete cores (CTM 531) 25 22 40 20 85 85 25 400 40 HOT MIX ASPHALT (HMA) Resistance of compacted HMA to moisture -induced damage 2,100 (AASHTO T283/CTM 371) Hamburg Wheel, 4 briquettes (modified) (MSHTO T324) 900 Superpave gyratory compaction (AASHTO T312/ASTM D6925) 350 Extraction by ignition oven, percent asphalt (MSHTO T308/ASTM 150 D6307/CTM 382) Ignition oven correction/correlation values (AASHTO T308/ASTM 1,350 D6307/CTM 382) Extraction by centrifuge, percent asphalt (ASTM D2172) Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202) Stabilometer, S-Value (ASTM D1560/CTM 366) Bituminous mixture preparation (AASHTO R30/CTM 304) Moisture content of HMA (AASHTO T329/ASTM D6037/CTM 370) Bulk specific gravity of compacted HMA, molded specimen or cores, uncoated (AASHTO T166/ASTM D2726/CTM 308) Bulk specific gravity of compacted HMA, molded specimen or 55 cores, paraffin -coated (AASHTO T275/ASTM D1188/CTM 308) Maximum density - Hveem (CTM 308) Theoretical maximum density and specific gravity of HMA (AASHTO T209/ASTM D2041/CTM 309) Thickness or height of compacted bituminous paving mixture 40 specimens (ASTM D3549) Wet track abrasion of slurry seal (ASTM D3910) 150 Rubberized asphalt (add to above rates) + 25% 150 135 265 80 60 50 200 130 $/TEST AGGREGATE PROPERTIES Bulk density and voids in aggregates (AASHTO T19/ASTM C29/CTM 212) 50 Organic impurities in fine aggregate sand (AASHTO T21/ASTM C40/CTM 213) 60 LA Rattler -smaller coarse aggregate <1.5" (AASHTO T96/ASTM C131/ 200 CTM 211) LA Rattler -larger coarse aggregate 1-3" (AASHTO T96/ASTM C535/CTM 211) 2; Apparent specific gravity of fine aggregate (AASHTO T84/ASTM C128/ 1;,,, CTM 208) Clay lumps, friable particles (AASHTO T112/ASTM C142) 175 Durability Index (AASHTO T210/ASTM D3744/CTM 229) 200 Moisture content of aggregates by oven drying (MSHTO T255/ 40 ASTM C566/CTM 226) Uncompacted void content of fine aggregate (MSHTO T304/ 130 ASTM C1252/ CTM 234) Percent of crushed particles (AASHTO T335/ASTM D5821/CTM 205) 135 Flat & elongated particles in coarse aggregate (ASTM D4791/CTM 235) 215 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 MASONRY Mortar cylinders (2" by 4", ASTM C780) Grout prisms (3" by 6", ASTM C1019) Masonry cores compression, 56" diameter (testing only, ASTM C42) Masonry core -shear, Title 24 (test only) Veneer bond strength, cost for each (5 required, ASTM C482) CMU compression to size 8" x 8" x 16" (3 required, ASTM C140) CMU moisture content, absorption & unit weight (6 required, ASTM C140) CMU linear drying shrinkage (ASTM C426) CMU grouted prisms (compression test 58" x 8" x 16", ASTM C1314) CMU grouted prisms (compression test> 8" x 8" x 16", ASTM C1314) BRICK Compression (cost for each, 5 required, ASTM C67) 25 25 40 80 55 45 40 175 180 250 Fee/2019 www.leightonoroup.com PAGE 2 of 4 -18- ETHOD $/TEST ,..EINFORCING STEEL Rebar tensile test up to <— No. 10 bars (ASTM A370) Rebar tensile test > No. 10 bars <— No. 17 (ASTM A370) Rebar bend test, up to s No. 10 bars (ASTM A370) Rebar bend test > No. 10 bars <_ No. 17 (ASTM A370) Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775) Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775) Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775) Tensile strength, 5100,000 pounds axial load (ASTM A370) Prestressing wire, tension (ASTM A416) Sample preparation (cutting) Resistance butt -welded hoops/bars, up to No. 10 (CTM 670) Post -tensioned bars (ASTM A772) 45 100 45 150 45 65 55 45 150 50 180 420 Leigh:or; I Fee Schedule METHOD VEST SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E605) 60 BEARING PADS/PLATES AND JOINT SEAL Elastomeric bearing pads (Caltrans SS 51-3) 990 Elastomeric bearing pad with hardness and compression tests 1230 (Caltrans SS 51-3) Type A Joint Seals (Caltrans SS 51-2) 1620 Type B Joint Seals (Caltrans SS 51-2) 1530 Bearing plates (A536) 720 STREET LIGHTS/SIGNALS 100W HPS Lighting (Caltrans RSS 86) 1296 SAMPLE TRANSPORT $/TRIP Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) 90 1/4 inch Grab plates 1/4 inch Tubing (bonded) 1/4 inch Tubing (single) 3/8 inch Tubing, clear vinyl 4-Gas meter (RKI Eagle or similar)/GEM 2000 Air flow meter and purge pump (200 cc/min) Box of 24 soil drive -sample rings grass sample tubes tution tape (1000-foot roll) _ imbination lock or padlock Compressed air tank and regulator Concrete coring machine (56-inch-dia) Consumables (gloves, rope, soap, tape, etc.) Core sample boxes Crack monitor Cutoff saws, reciprocating, electric (Sawzall®) Disposable bailers Disposable bladders Dissolved oxygen meter DOT 55-gallon containment drum with lid Double -ring infiltrometer Dual -stage interface probe Dynamic Cone Penetrometer Generator, portable gasoline fueled, 3,500 watts Global Positioning System/Laser Range Finder Hand auger set HDPE safety fence (5100 feet) Horiba U-51 water quality meter Light tower (towable vertical mast) Magnehelic gauge Manometer EQUIPMENT, SUPPLIES & MATERIALS $/UNIT 5 each 0.55 foot 0.35 foot 0.55 foot 130 day 50 day 120 box 10 each 20 each 11 each 50 day 150 day 35 day 11 each 25 each 75 day 12 each 10 each 45 day 65 drum 125 day 80 day 400 day 90 day 80 day 90 day 40 roll 135 day 150 day 15 day 25 day $/UNIT Mileage (IRS Allowable) 0.58 Moisture test kit (excludes labor to perform test, ASTM E1907) 60 Nuclear moisture and density gauge 88 Pachometer 25 Particulate Monitor 125 pH/Conductivity/Temperature meter 55 Photo -Ionization Detector (PID) 120 Pump, Typhoon 2 or 4 stage 50 QED bladder pump w/QED control box 160 Quire fee — Phase I only 200 Resistivity field meter & pins 50 Slip / threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40 15 Slope inclinometer 200 Soil sampling T-handle (Encore) 10 Soil sampling tripod 35 Stainless steel bailer 40 Submersible pump, 10 gpm, high powered Grundfos 2-inch 160 with controller Submersible pump/transfer pump, 10-25 gpm 50 Support service truck usage (well installation, etc.) 200 Survey/fence stakes 8 Tedlar® bags 18 Traffic cones (s25)/barricades (single lane) 50 Turbidity meter 70 Tyvek® suit (each) 18 Vapor sampling box 55 Vehicle usage (carrying equipment) 20 VelociCalc 35 Visqueen (20 x 100 feet) 100 Water level indicator (electronic well sounder) <300 feet 60 deep well ZIPLEVEL® 15 day ether specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site mile test day day day day day day day each day each day day day day day day day each each day day each day hour day roll day Fee/2019 www.leightongroup.com -19- PAGE 3 of 4 Leighton I Fee Schedule TERMS & CONDITIONS • Expiration: This fee schedule shall remain fixed throughout the term of the contract. • 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 are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, you will be notified and additional fees will be charged. • Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) determination and is multiplied at 1.5 to 2 times their hourly billing rate. • 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 timet, • 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. • Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. • 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 Fee/2019 www.leightongroup.com PAGE 4 of 4 -20- RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR A NOT -TO -EXCEED AMOUNT OF $2,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL AND SOILS AND MATERIALS TESTING; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS WHEREAS, National City's ("City") Capital Improvement Program ("CIP") estimates approximately $80 million in Capital Improvement Projects needs over the next five years to include corridor enhancements for traffic calming, pedestrian / bicycle safety (including Americans with Disabilities Act compliance) and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; new street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low - Impact Development ("LID") measures for treatment of urban storm water runoff; drought tolerant landscaping; facilities improvements; and park amenities; and WHEREAS, in order to successfully design, manage and construct these projects, the Engineering & Public Works Department advertised a Request for Qualifications ("RFQ") for various engineering, architectural and construction support services on May 1, 2019; and WHEREAS, the RFQ was advertised on the City's website, published in the San Diego Union Tribune, e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City also hosted an Information Session regarding the RFQ process on May 14, 2019 at the Martin Luther King Jr. Community Center, which was attended by over 100 people; and WHEREAS, the City received 71 Statement of Qualifications ("SOQs") from various firms by the June 10, 2019 deadline and reviewed, taking into consideration, among other things, past performance history, knowledge of the environment, the type of services offered, and the cost to the City; and WHEREAS, based on their SOQ, interview, qualifications, and past performance, City Staff recommends Executing a three-year Agreement with Leighton Consulting, Inc. with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing; and Resolution No. 2020 - Page Two WHEREAS, in addition, City Staff recommends authorizing the City Manager to execute any project -specific supplemental agreements, as may be required for grant funded projects. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the Mayor to Execute a three-year Agreement with Leighton Consulting, Inc. with the option to extend for two, one (1) year extensions for a not -to -exceed amount of $2,000,000 to provide on -call project support services for National City's CIP, including, but not limited to, geotechnical and soils and materials testing. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute any project specific supplemental agreements as may be required for grant funded projects. PASSED and ADOPTED this 1st day of September, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney