HomeMy WebLinkAbout10-06-22 - Civic Center _ Park Geotechnical Observations _ Construction MaterialCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
June 22, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Fong Tse, Principal Civil Engineer
949- 644 -3321 or ftse @newportbeachca.gov
SUBJECT: CIVIC CENTER AND PARK — GEOTECHNICAL OBSERVATIONS AND
CONSTRUCTION MATERIAL TESTINGS - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON
CONSULTING, INC.
RECOMMENDATION:
Approve a Professional Services Agreement (PSA) with Leighton Consulting, Inc.
(Leighton) of Irvine, California, to conduct geotechnical observations and construction
materials testing for the Civic Center and Park Project at a not -to- exceed contract price of
$326,563.00 and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
The City Council on April 27, 2010 approved a Construction Manager at Risk (CM @R)
contract with C.W. Driver to provide full and complete construction administration,
coordination and observation services for the . Civic Center and Park Project.
Accordingly, C.W. Driver solicited interest from firms to propose for the geotechnical
observations and construction material testing portions of the Project. .
Nine (9) firms submitted their qualifications and proposals to C.W. Driver for the work.
C.W. Driver reviewed the firms' qualifications, related experience, and performance
records with staff. Leighton Consulting, Inc. was selected as the firm that has the most
background knowledge and experience with the job site and would. provide the City with
the best overall services.
While staff directed C.W. Driver to negotiate with Leighton to bring its hourly rates to be
compatible with the market, C.W. Driver under the Guaranteed Maximum Price
provisions will be ultimately responsible for all overage charges. Cost savings will be
shared between the City (75 %) and C.W. Driver (25 %). Leighton's scope of work is
itemized within the attached PSA.
Civic Center and Park — Geotechnical Observations and Construction Materials Testing -
Approval of Professional Services Agreement with Leighton Consulting, Inc.
June 22, 2010
Page 2
Environmental Review:
Engineering services are not subject to review by the California Environmental Quality
Act (CEQA).
Funding Availability:
The cost of this work is included as a part of,the CM @R contract with C.W. Driver
approved by the City Council on April 27, 2010. The Leighton invoices for work
completed under this PSA will be processed by the City and charged against the C.W.
Driver CM @R contract funded by the Civic Center and Park Account (7410- C1002009).
Prepared by:
orA Tse, P.E.
r nc al Civil Engineer
Submitted by:
Stephen G. Badum
dPublic Works Director
Attachment: Professional Service Agreement with Leighton Consulting, Inc.
1
PROFESSIONAL SERVICES AGREEMENT WITH
LEIGHTON CONSULTING, INC. FOR
NEWPORT BEACH CIVIC CENTER AND PARK PROJECT
j SOIL TESTING AND INSPECTION SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and LEIGHTON CONSULTING, INC., a California corporation
whose address is 17781 Cowan, Irvine, California, 92614 ( "Consultant'), and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to design and prepare environmental documentation for the
Newport Beach City Civic Center and Park Project.
C. City desires to engage Consultant to perform geotechnical observation and
testing services, such as soil testing and inspection services for the Newport
Beach City Civic Center and Park Project ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Vivian
Cheng.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this A reement shall commence on the above written date, and shall
terminate on the 301h day of September, 2012, unless terminated earlier as.set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference. The City may elect
to delete certain tasks of the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and the
services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Twenty -
Six Thousand, Five Hundred Sixty -Three Dollars and no /100 ($326,563.00) without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
Professional Services Agreement Page 2
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work' means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated VIVIAN CHENG to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. FONG TSE,
or his designee, shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized representative
Professional Services Agreement Page 3
shall represent City in all matters pertaining to the services to be rendered pursuant to
this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
Professional Services Agreement Page 4
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers
and employees (collectively, the "Indemnified Parties) from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with the Consultant on the Project.
Professional Services Agreement Page 5
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and
in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least $1,000,000) for
Consultant's employees in accordance with the laws of the State of
Professional Services Agreement Page 6
California, Section 3700 of the Labor Code In addition, Consultant
shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700
for all of the subconsultant's employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (10 calendar days written notice of non - payment of
premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City,
its officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than $1,000,000
per occurrence for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of $1,000,000 limit per claim and in the
aggregate.
D. Other Insurance Provisions or Requirements
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City
Professional Services Agreement Page 7
to inform Consultant of non - compliance with any requirement
imposes no additional obligations on the City nor does it waive any
rights hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with 30 days notice
of cancellation (except for nonpayment for which 10 days notice is
required) or nonrenewal of coverage for each required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted
out without the prior written approval of City. Any of the following shall be construed as
an assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to perform
work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any work performed by the subcontractor for purposes of
Professional Services Agreement Page 8
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications
that result from the services in this Agreement, shall be kept confidential unless City
authorizes in writing the release of information.
19. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her judgment
as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's drawings and specifications provided under this Agreement.
Professional Services Agreement Page 9
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under
the law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Professional Services Agreement Page 10
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attn:Fong Tse
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 -644 -3321
Fax: 949 -644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Vivien Cheng
Leighton Consulting, Inc.
17781 Cowan
Irvine, CA 92614
Phone: 949 - 253 -9836
Fax: 949 - 250 -1114
27. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non - defaulting party may
Professional Services Agreement Page 11
terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition contained herein, whether of the same or a
different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
Professional Services Agreement Page 12
34. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY TORNEY:
By:
/Myne Ael D'teA u amp,
Assistant City AWrney
r_11I11r*111111
LOSA
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
0
Keith D. Curry,
Mayor
CONSULTANT:LEIGHTON
CONSULTING, INC.
Kris Lutton,
Senior Vice President
Terry M. Brennan,
Chief Financial Officer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Professional Services Agreement Page 13
EXHIBIT A
PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010
SOIL TESTING & INSPECTION SERVICES
Scope of Work
Our scope of work outlined below is based on our understanding of the project according to
the current available civil and grading plans, the construction schedule prepared by CW
Driver dated April 14, 2010, and our knowledge of the site. Shoring and structural plans were
not available at the time of proposal preparation.
• Geologic Mapping During Mass Excavation and Buttress and Keyway Construction
Bedrock of Monterey Formation was encountered throughout the project site. Adverse
bedding conditions were encountered along the proposed retaining wall adjacent to
MacArthur Boulevard and also in other areas of the site. During mass grading, a field
geologist from Leighton will be on -site providing observation of the backcut and geologic
mapping with particular attention to the presence of clay beds and seams within the
bedrock to ensure the exposed geologic features are consistent with the assumptions in
the report.
■ Observation & Testing During Mass Excavation
During mass excavation and construction of the buttresses and keyways, a Leighton
technician will be on -site providing observation and testing services. We will observe the
exposed subgrade to ensure it is consistent with our findings within the exploration
borings, and ensure the competency of the subgrade condition prior to placement of fill.
Density test will be performed on the compacted fill for compliance with the soils report
and project specifications.
■ Shoring Wall Installation & Tie -Back Monitoring & Testing
A permanent tie -back wall is proposed to be constructed along MacArthur Boulevard. We
will provide full -time observation during excavation and installation of solder beams and
tie -back anchors. We will also be on site full -time during tie -back anchor testing.
■ Observation and Testing During Grading of City Hall, Parking Structure, Library Expansion
A technician will be on -site providing observation and testing services during building
footing excavation and building slab subgrade preparation.
■ Observation & Testing for Sitework
We will provide observation and testing services during the following activities:
• Removal and recompaction of unsuitable material and fill placement during grading;
Trench backfill for wet and dry utility lines (storm drain, sewer, area drain, water, gas
and irrigation etc);
• Retaining wall footing excavation and subgrade preparation;
Leighton Consulting 1 8
PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT MAY 4, 1010
SOIL TESTING & INSPECTION SERVICES I
• Construction of pavement, hardscapes, curb and gutter, aggregate base, asphalt
concrete, and decomposed granite walkways.
■ Laboratory Testing
We will perform laboratory testing as- needed to determine the moisture - density
relationships of soils used as structural compacted fill; shear strength characteristics of
the materials for use in stability analyses (if needed), R -value to confirm the design of
pavement sections; pH, minimum resistivity, chloride, and sulfate content to evaluate soil
corrosivity; Sand Equivalent of representative materials that will be used for wall backfill;
and Expansion Index to evaluate the expansive characteristics of soil.
■ Agricultural Soil Sampling and Testing
Soils samples will be collected from the site during construction for agricultural testing.
Similar to the protocol during the design phase, we will collect soils samples at the
location and depths as specified by the project landscape architect. The number of
samples will also be specified by the landscape architect. For budgeting purposes we
have included 100 samples for this scope of work. Additional samples will be charged on
a time and expense basis per the rate on the cost proposal breakdown. Samples will be
prepared and delivered to Wallace Soil Laboratory for agricultural soil testing, which will
include the following:
• Chemical properties including essential and non - essential potentially toxic elements;
• pH;
• Salinity;
• Soluble chloride in saturation extract;
• Soluble boron in saturation extract;
• Sodium absorption ratio;
• Presence of limestone;
• Physical soil properties including sand, silt and clay;
• Organic matter content based on organic carbon and total nitrogen.
■ Grading Reports
Prepare one rough grade /pad certification report for each of the following structures:
• City Hall Building (one report to include Bay A through F);
• Parking Structure;
• Council Chamber; and
• Library Expansion.
Leighton Consulting 1 9
PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010
SOIL TESTING & INSPECTION SERVICES
One final grading report will be prepared upon completion of grading, which includes the
above, and all the sitework, such as pavement, retaining walls, pedestrian bridges,
concrete flatwork, and utilities.
■ Project Team Meeting, Engineering Support and Consultation
We will attend project team meetings, provide engineering consultation, evaluation and
analyses, as necessary.
Assumptions
1. The project will be subjected to Prevailing Wage Law.
2. Fee does not include archaeological /paleontological monitoring.
3. All work is performed during regular business hours and on weekdays. Overtime and
weekend premiums are not included.
4. All laboratory work performed is assumed regular turn around time. No "rush"
premium is included.
5. There are many factors, such as contractors' schedule and operation, agency
requirements, weather conditions, and type of material used for backfill that may
affect the total fee and are beyond Leighton Consulting's control. Our fee estimate is
based on normal working conditions based on the construction schedule provided at
the time of writing for your budgetary purposes. We propose that our actual fees be
accumulated on a time - and - materials basis per our attached Professional Fee
Schedule.
6. Changes to the drawings and /or specifications and updates to the construction
schedule may affect our scope and budget. Observation and testing not referenced in
our estimated budget will be charged in accordance with our fee schedule in effect at
the time other work is initiated. No consideration is given for overtime.
Schedule
Leighton Consulting is prepared to begin our work immediately upon receipt of your signed
authorization to proceed. We would appreciate at least 72 hours advance notice for
scheduling of field personnel at the commencement of construction; work thereafter may be
scheduled with 24 hours notice.
Safety
Site safety is important to Leighton. Therefore, we will notify the contractor's site
representative, and /or your field representative if /as directed by you for a given project,
whenever we are on site, upon arrival. Although site safety is the responsibility of the
contractor, we will work with the construction team to achieve a safe work environment. All of
our personnel are provided with conventional and customary personal protection for
construction sites, including hard hats, safety glasses, safety gloves and orange vests.
Leighton Consulting 11a
PROPOSAL FOR ,,:WPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010
SOIL TESTING & INSPECTION SERVICES
Cost Proposal
Sr Pnngpal
Engineer /Geal °glst
Senl°rPmiett
Englneu
Senior SleM
En &neer /Ge °1 °g6t
Seni°e
tecM1nigan
pqp /GIS
WarE Pmcesing
La�orarary lesung
Le,RM1t °� *mai Re711-1
Pcrsornel Owe
Pete /Hour i S 247
S U5
$ 95 I
f 75
S 105
S ]4
I8' S
i6 S
6� S
50 S
. . I:.: , : Au:1 _.. . $00 1 1 ..' . 81 41 1 552 1 $
40 I _ 148 I E 13.260.000
<u
Wetland Rough Grade
.- .....–
._ __.. -.30
. -10
– --- .4._....4..
__ __
T 1 20 1 $
-1$
___ _ 1,900.00
S
5)1600
Subrotal-
40
140r
28'
4.
40 1
3,000.00
9u6trttel-
206
$
30-
40.
Drilling &Tle -Back
60 is
4,900.00
IE600.00
RpugM1Gratleta BWIGIGg Pad
g0
68015
6.000.00
RGugn Gatling /Pao Certlfica0ion Repoli
30
10
10
4
54 S
6.37600
10.:
80 -:
- .. ,' 10:
..4
139 1 S
12.3a8.w
120
Rpugn Gretling /Pad Cert ?cation Reppp
.- .....–
._ __.. -.30
. -10
– --- .4._....4..
" -"
JB
S
5)1600
Subrotal-
.' 30
140r
28'
4.
4
206
$
20,188.00
Drilling &Tle -Back
4801 1
4801$
IE600.00
8
E
Leighton Consulting 1 1 oft
PROPOSAL FOR IacdJPORT BEACH CIVIC CENTER AND PARK PROJECT ( MAY 4,1010
SOIL TESTING & INSPECTION SERVICES
Sr Principal
Engineer /GCOloglst
senior Projen
Engineer
Senior SraH
Engineer /Gealog6x
5[nior
ieumdan
CAO /GS
leigoran
Waro PrmessinR' laooramryinumt tcrgnlon Iota Fue ti6ml
Poaonnel XUUrs
Rai. /Hour 1 $ 242
f 135
E 95
$ 25
E 105
$ 24
a
Orilling &Tie Back
s v
Footing Eacavaeon &Grade Beam
80
- ._. ._.. —__ 80 � E 7.600.00
Preparatlon far
1U
_.. -...
_ _ _ 10 8 _ 950.00
8
umUnaGrade
unpergmund Plumbing &Electrical Trenches
- - -... ._- 8 E 600.06
Rough Galling/ Pad Cenifiorded Repon
SO _ --
._
10 i )50.00_
30
10
4 2
......___. ....-
d6 S 5,568.00
EuC6idl
30
100
18 4 2
154 E 15,468.00
ef-
5. �kf2'=11p
RetalningW.11s
80 801 8 6.00O.00G
Curb& Gutter, Sidewalks, Pavers, OG Walkways
80 80 E 6,000.00
Submtal 160 160 E 12,000.00
Agricultural &Testing°
14.500 r $ 14,500.00
o8ampling
_ _
Stockpile Observation &Testing°
80 BO 5 ),600.00
Suttplel.. 80. 14,500 80 E 22,100.00
M Dry Density & Man sture Cpntenb
Expansion Index tEO, Corrpslpn Suite, Sand
Equivalent (SE). Grain Size
4.950 5 4,950.00
Subtaml
4,950 0 $ 4,950A0
Ya .. ,. t W •...x, .. t _b.:.:.u:.n ..x Ch', i %t ' -,.P 9 /� yGR �- F �i
nurS. ,
42.980.00
SubBUrtett Explanation 8 20
28 E
Laboalory Testing �- -3.900.00
3.900I-- 8
Geotechnial Analyse 40 1
20 60 8 ).300.00
GedtepM1ical gepdrt "' --'- -`
8 50 20- )8 3 10,626.00
SuM.tal 8 98 60. 3,900 166 $ 24,805.00
Ge0technicat Peppn B 40 20 12 4 84i $$ 1083200tl
Sub[.ml-
8
40
20
12
4
- 10,83200
, .
Engineering Anetyses, RFPe, RFC's. QVQG 195 f•
195 2fi 32S.OU"
Project Team Meeting 60 40 S 5-400.00
Field Coortlinelipn
100
- -...
306
E 13,500.00
ro act Management
80
8U
E 10.800.00
Suet
4=6
415
E 58,025.00
r 5
Notes.
1.IDI5 prpjttt Is sutjenm me preveilingwege law.
2. The lee Ia for cal l xro bacu, be 100 agh[alruraf [Oil ymples. AEEleoner feel Samples nill be eilleJ at the vme rate de, $23,300 per lad aampleal
2. ggm eunlcal eaplararlon be peRarm<agrlelb mapving aM1er massgraaingl5 [amgesa. Otlllingls at repuirea unless obe npose4 surlacersaignilicenny aemnteo roan aurfnbingf in ne g[amc +m,:ei
report an.
Leighton Consulting 12of2
PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010
SOIL TESTING & INSPECTION SERVICES
Project Team
The project team we are proposing incorporates high - caliber expertise and experience with
the commitment of local personnel, dedicated to the region where they live and work. This
group of professionals is also well- accustomed to working together, having collaborated on
many previous contracts, including work similar to that required for the construction of
Newport Beach Civic Center.
VIVIAN CHENG, PE, GE PROJECT MANAGER
• California Geotechnical Engineer - 2874
• California Registered Civil Engineer - 67879
• MEng, Civil (Geotechnical) Engineering, University of British Columbia, Vancouver, BC,
Canada, 2000
• BASc, Civil Engineering, University of British Columbia, Vancouver, BC, Canada, 1999
Ms. Cheng has worked on and managed a wide variety of geotechnical projects involving
both public and private sector clients and proven record of delivering the projects on time
and within budget. Her experience includes transportation, public work facilities, high- rises,
institutions, and commercial and residential developments. As a Project Manager she
provides management and oversight of the work of other engineers and field technicians.
She performs geotechnical engineering analyses, prepares reports, and provides oversight
and monitoring of a broad range of geotechnical construction projects and supervises and
reviews geotechnical engineering analyses and reports prepared by staff level engineers and
field technicians. Her technical expertise includes design of shallow and deep foundation
systems, seismic hazard analyses, settlement analyses, reinforced soil structures, slope
stability analyses, and ground improvement.
■ Newport Beach Civic Center and Park Project, Newport Beach, CA. Project
Manager /Engineer for the proposed civic center and parking structure project. Heavy
grading which includes over 30 feet of cut into bedrock adjacent to MacArthur Boulevard
will be performed during construction. Shoring will be required to withstand geologic
surcharge from bedrock as well as traffic loading on the roadways. Groundwater
mitigation measures will be designed as groundwater level was encountered close to the
proposed foundation level. Other structures, which include a pedestrian bridge over San
Miguel Drive and retaining structures in the proposed dog park will also be part of the
project.
■ New Police Station and Emergency Operation Center, Westminster, CA. Project
Manager /Engineer for geotechnical and environmental services for the City's new Police
Building and Parking structure. Managing geotechnical services during construction,
including pile installation and grading. The proposed facility is located within a zone that
is susceptible to liquefaction with a very shallow historically high groundwater table. In
addition, liquefiable sand layers and compressible clay were present at the site. Thus, a
deep foundation system was used to support the building to mitigate both seismically
induced settlement as well as compressible settlement.
Leighton Consulting 12
PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT ( MAY 4, 1010
CES
SOIL TESTING & INSPECTION SERVI
■ Donna and John Crean Mariners Branch Library, Newport Beach, CA. Project
Manager /Engineer for geotechnical monitoring and testing services during construction.
The library is the combined effort of the City of Newport Beach and Newport-Mesa Unified
School District. Built between the school and the existing library, the new 15,000 square
foot facility is open to both school children and the public.
■ Sunset Ridge Park, Newport Beach, CA Project Manager /Engineer for the geotechnical
investigation and recommendations for the proposed 12 -acre open space park. Located
at the intersection of Superior and PCH, the project also included grading and drainage
improvements, foundation recommendations, and a seismic hazard assessment.
■ Police Station, Buena Park, CA. Project Manager /Engineer for geotechnical investigation.
The proposed police station will be a two -story on -grade structure that encompasses
approximately 33,000 square feet.
■ Long Beach Airport Parking Structure, Long Beach, CA. Project Manager /Engineer for the
four -story parking structure which is currently under construction. Leighton is providing
both geotechnical recommendations and observation and testing services for the parking
structure.
■ Fire Station No. 147 Expansion, Lynwood, CA. Project Manager /Engineer for geotechnical
investigation for fire station expansion. Also managed soils observation and testing
services during construction of the project. Fire Station No. 147 is located within a
potential liquefiable zone with historically high groundwater level at 8 feet below the
ground surface. In addition to the challenging high groundwater condition, the depth of
the liquefiable layers were located at a deep elevation thus causing potentially up to 4
inches of seismically induced settlement during a seismic event. In order to mitigate the
potential settlement and damage to the building during a seismic event, caissons
connected with grade beams together with a mat type foundation was used for the
building.
La Vista High School /La Sierra High School, Fullerton, CA. Project Manager and Engineer
for the new school during both design and construction phases. The school is currently
under construction and Leighton is performing both geotechnical observation and special
inspection and materials testing. The geotechnical investigation included subsurface
logging and testing of representative soils, to meet the requirements of Department of
the State Architect (DSA), the California Building Code (Title 24), and the California
Department of Education (CDE) requirements for Public Schools.
La Habra High School Improvements and Troy High School Parking Lot, Fullerton, CA.
Project Manager and Engineer for design (geotechnical investigation) and construction
phases for the proposed improvements.
Leighton Consulting 1 13
PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010
SOIL TESTING & INSPECTION SERVICES
EDWARD BURROWS, PG, CEG, CHG, REA I PRINCIPAL GEOLOGIST
• California Professional Geologist - 5622
• California Certified Engineering Geologist - 1750
• California Certified Hydrogeologist - 402
• California Registered Environmental Assessor - 04962
• CFR 1910.120 OSHA 40 -Hour Training
• CFR 1910.120 OSHA 8 -Hour Refresher Training
• MS, Geology, California State University, Los Angeles, 1995
• BS, Geology, Oklahoma State University, 1988
Mr. Burrows brings more than 22 years of professional experience, specializing in geologic
and environmental investigations and construction observation. He has worked on and
managed a wide range of projects including residential, commercial and industrial
development, landfills, storm drains, transportation facilities and mining operations. Mr.
Burrows has responsibility for and maintains administrative and technical management of
projects and directs and supervises the activities of staff toward timely performance and
compliance with project requirements. He directs the work of engineers, geologists and
technicians in the collection of soil engineering data, performance of calculations and
analysis in the preparation of technical reports.
Newport Beach City Hall, Newport Beach, CA. Project Geologist for the proposed city hall
building and parking structure. Heavy grading which includes over 30 feet of cut into
bedrock adjacent to MacArthur Boulevard will be performed during construction for the
new city hall and parking structure. Shoring will be required to withstand geologic
surcharge from bedrock as well as traffic loading on the roadways. Groundwater
mitigation measures will need to be designed as groundwater level was encountered
close to the proposed foundation level. Other structures, which include a pedestrian
bridge over San Miguel Drive and retaining structures in the proposed dog park will also
be part of the project.
Westminster Police Station, Westminster, CA. Project Geologist for geotechnical and
environmental services for the City's new Police Building and Parking structure. The
proposed three -story police building will be approximately 90,000 square feet and falls
under the jurisdiction of DSA as an essential facility. The proposed facility is located
within a zone that is susceptible to liquefaction with a very shallow historically high
groundwater table. In addition, compressible clay was encountered below the site. Cast -
in -place concrete piles are designed to support the proposed building. Over 400 piles to
a depth of approximately 65 feet will be installed at the site.
Leighton Consulting 1 14
PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010
SOIL TESTING & INSPECTION SERVICES
• Sunset Ridge Park, Newport Beach, CA Project Geologist for the geotechnical
investigation and recommendations for the proposed 12 -acre open space park. Located
at the intersection of Superior and PCH, the project also included grading and drainage
improvements recommendations, foundation recommendations, and a seismic hazard
assessment.
• Police Station, Buena Park, CA. Project Geologist for geotechnical investigation. The
proposed police station will be a two -story on -grade structure that encompasses
approximately 33,000 square feet.
• Fourth District Appellate Court, Santa Ana, CA. Project Geologist for geotechnical
investigation including subsurface field investigation, site - specific probabilistic seismic
hazard analysis, and data analysis and report. Located in the civic center area of Santa
Ana, the proposed new courthouse is a three -story structure with a footprint of
approximately 25,000 square feet.
• Community Center, Cypress, CA. Project Geologist for a geotechnical investigation for the
building expansion, new parking areas and entry plaza.
• Ortega Ranch, San Juan Capistrano, CA. Project Manager for large campus of 2 -story
office condominiums adjacent to 1 -5 on a hillside site. Services included geotechnical
investigation during design and geotechnical observation and testing throughout
construction.
• Centra Pointe, San Juan Capistrano, CA. Project Manager for multi -story, commercial
development. Project included services during design and construction.
• Southern California Logistics Airport, Victorville, CA. Project Manager for multiple large
warehouses, industrial and commercial buildings at the redevelopment site in Victorville.
The project includes both new building and infrastructure support during both design and
construction. The work also included precise grading and the construction of numerous
"tilt up" industrial buildings. During this phase, Mr. Burrows worked closely with the client
to provide observation and testing services as well as foundation recommendations for
the construction of the buildings.
Industrial Business Park, Carson, CA. As Principal Geologist, Mr. Burrows oversaw the
geotechnical investigation and in- grading geotechnical services for a large 200 -acre
industrial complex. The work included supervising a staff of engineers, geologists and
technicians who performed geologic field mapping, locating and logging exploratory
borings and trenches, air photo analysis, interpretation of field data, preparation of
reports, geologic maps and cross sections, setting up programs for laboratory testing of
samples collected during field investigation, in- grading recommendations for remedial
grading, observation and testing during grading and interfacing with the client and
appropriate agencies. The project was unique in that the site was an existing oil field with
over 100 oil wells on site which required abandonment as well as environmental
remediation.
Leighton Consulting 1 15
PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010
SOIL TESTING & INSPECTION SERVICES
RODGER MORE FIELD OPERATIONS MANAGER
■ Nuclear Soil Gauge Certification
■ 40 -Hour Hazardous Waste Operations Training (Health and Safety)
■ BA, Earth Science, California State University, Fullerton, 1980
■ AA, Marine Science, Saddleback College, Mission Viejo, California, 1975
■ Public Works Construction, Saddleback College, Mission Viejo, CA, 1990
With more than 30 years of construction field experience, Mr. More has extensive experience
in large and small public works, commercial, and residential projects. In addition, he has
been involved in foundation investigations, laboratory testing, and quality control /assurance
supervision.
• Regional Fire Operations and Training Center, Orange County Fire Authority, Irvine, CA.
Field Operations Manager for observation and testing of earthwork, foundation
excavation, utility trench backfills, and perimeter block wall construction. The 16.5 -acre
facility includes a 6 -story training tower, 2 -story fire simulation training facility, and a
training pavilion with classrooms.
• .Fire Station #55, Irvine, CA. Field Operations Manager for geotechnical observation and
testing during the construction of Fire Station No. 55 in the Orchard Hills area of Irvine.
Services included observation and testing for the building, apparatus bay, driveway,
parking lot, and curb and gutter.
• Fire Station #27, Irvine, CA. Field Operations Manager for geotechnical observation and
testing during the construction of Fire Station No. 27 in the Portola Springs area of Irvine.
Services included observation and testing for the building, apparatus bay, entry gate,
monument sign, freestanding walls, driveway, parking lots, and curb and gutter.
• Appellate Court, Santa Ana, CA. Field Operations Manager for subsurface exploration
consisting of excavation, logging, and sampling of five hollow -stem auger borings. Field
work included collection of Standard Penetration Test, relatively undisturbed ring and
bulk samples at selected depth intervals from the hollow stem auger borings, and
transporting of the samples to our laboratory for testing.
• New Police Operations Center, Westminster, CA. Field Operations Manager responsible
for quality assurance, quality control, observation and testing of subgrade soils,
aggregate base and the asphaltic concrete (AC). Geotechnical observation services were
provided onsite continuously during installation of 500 14- inch - square, pre- stressed,
precast concrete driven piles.
• Oasis Senior Center, Newport Beach, CA. Field Operations Manager responsible for
quality assurance, quality control, observation and testing of subgrade soils, aggregate
base and the asphaltic concrete (AC).
Leighton Consulting 1 16
EXHIBIT B
2010 PROFESSIONAL FEE SCHEDULE*
PROFESSIONAL SERVICES
Newport Beach Civic Center and Park Project
Technical Staff Hourly Rate
TechnicianI ..............................................................................................
............................$83
TechnicianII ..............................................................................................
.............................88
SeniorTechnician ......................................................................................
.............................95
Laborer (Prevailing Wage) ........................................................................
.............................95
Soil /Field Technician (Prevailing Wage) . ...... ___ ......................................................
... ......... JW e
Materials Inspection Manager .................................... ...............................
............................110
Staff Engineer /GeologisUScientisUField Supervisor ... ...._....................................................
4r 't$
Senior Staff Engineer/GeologisUScientist. .................. ...............................
...........................'ERs CIS
Operations Manager /Equipment Operator..... ........... _ ...... _ ....... .............
_ .............. .. _.- - 1W r 135
Project Engineer/ GeologisUScientist ........................................................
.............................WV 135,
Senior Project Engineer /GeologisUScientist ...........................................................
........ ...... 409V d .3r
Associate................................................................... ...............................
............................189
Principal..................................................................... ...............................
............................205
SeniorPrincipal .......................................................... ...............................
............................247
Technical Support Staff
Hourly Rate
Project Administrator /Word Processor .....................................................
............................$74
InformationSpecialist ................................................. ...............................
............................105
GIS Specialist / CAD Operator ................................... ...............................
............................105
* Effective through September 4, 2012, after which remaining work will be billed at then - current rates.
9060 302 - 1 -SP Leighton 17781 Cowan I Irvine, CA 92614 p 1 866 - Leighton
P60101418 Newport Beach Civic Center and Park Project
Leighton 12111111111111 Fee Schedule
UNIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING
Task
Classification and Index Properties
Method
Per Test
8002
Moisture Content
ASTM D 2216
$20
8003
Moisture and Density (Ring Samples)
ASTM D 2937
30
8004
Moisture Content & Density (Shelby tube or requires cutting)
ASTM D 2937
40
8005
Atterberg Limits (3 points)
ASTM D 4318
150
8006
Single Point/ Non - plastic
ASTM D 4318
84
8024
Atterberg Limits (Organic)
ASTM D 2487 / 4318
182
8007
Visual classification of point as non - plastic
ASTM D 2488
11
8008
Particle Size: Sieve ONLY (1'/, -inch to #200)
ASTM D 422
110
8023
Large Sieve (6 -inch to #200)
ASTM D 422/C136
175
8009
Hydrometer ONLY
ASTM D 422
110
8010
Sieve + Hydrometer ( <_3 -inch sieve)
ASTM D 422
185
8011
Dispersive Characteristics of Clay Soil (Double Hydrometer)
ASTM D 4221
89
8012
Specific Gravity: Fine (passing #4)
ASTM D 854 / CTM 207
125
8013
Coarse (retained on 94)
ASTM C 127 / CTM 206
100
8014
Total Porosity - On Shelby tube sample calculated from
density & specific gravity
137
8015
Total Porosity - On other sample
105
8016
Photograph of sample
11
8017
Shrinkage Limits (Wax Method)
ASTM D 4943
126
8018
Pinhole Dispersion
ASTM D 4647
210
8020
Percent Passing #200 Sieve wash ONLY
ASTM D 1140
70
8021
As- Received Moisture and Density ( "chunk" or carved samples)
58
8022
Sand Equivalent (SE)
ASTM D 2419 / CTM 217
105
Soil Chemistry and Corrosivity
Method
Per Test
8050
pH
CTM CA Test 532/643
$42
8051
Electrical Resistivity - single point - in -situ moisture
42
8052
Minimum Resistivity (23 moisture content points)
CTM CA Test 532/643
89
8053
pH + Minimum Resistivity
CTM CA Test 532/643
131
8054
Sulfate Content - Gravimetric
CTM CA Test 417 Part II
68
8055
Sulfate Screen
HACH kit
32
8056
Chloride Content
CTM CA Test 422
68
8057
Corrosion Suite: pH, Chloride, Minimum Resistivity & Sulfate (gravimetric)
CTM CA Test 532/643
245
8058
Organic Matter Content
ASTM 2974
63
Shear Strength
Method
Per Test
8070
Pocket Penetrometer
$16
8072
Direct Shear (3 points) Consolidated Undrained - 0.05 in. /min.
ASTM D 3080 mod.
285
8073
Direct Shear (3 points) Consolidated Drained - <0.05 in. /min.
ASTM D 3080
345
8074
Residual Shear (price per each additional pass after shear)
EM 1110 -2- 1906 -IXA
70
8075
Remolding or Hand Trimming of specimens (3 points)
90
8076
Oriented or Block Hand Trimming (per hour)
58 /hour
8077
Daily equipment usage rate (after 2 days)
35 /day
8079
Single Point Shear
105
8080
Torsional Shear
620
Compaction and Pavement Subgrade Tests
Method
Per Test
8094
Standard Proctor Compaction (Maximum Density), 4 points
ASTM D 698
8092
4 inch diameter mold
Methods A and B
$182
8093
6 inch diameter mold
Method C
215
Modified Proctor Compaction (Maximum Density), 4 points
ASTM D 1557 -07
8100
4 inch diameter mold
Methods A and B
220
8101
6 inch diameter mold
Method C
245
8102
Check Point
per point
65
p I 866- Leighton f 1 949 - 250 -1114 page 2 18
P60101418 Newport Beach Civic Center and Park Project
9060 302 - 1 -10 Leighton
4W, 4
Leighton
Leighton i 2W Fee Schedule
UNIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING (Continued)
Task
Compaction and Pavement Subgrade Tests (Continued)
Method
Per Test
8000
Relative Compaction of Untreated & Treated Soils & Aggregates
CTM 216
$250
( Caltrans CTM 216: Caltrans wet density compaction curve)
8103
Relative Density (0.1 cubic foot mold)
ASTM D 4253, D 4254
236
8104
California Bearing Ratio (CBR) — 3 point *
ASTM D 1883
500
8105
— 1 point *
184
* Compaction (Maximum Density) should also be performed — not included
in above prices
8090
R -Value — Untreated
CTM 301
310
8091
R -Value — Lime or cement treated soils (<7% additive)
CTM 301
338
Triaxial Tests
Method
Per Test
8120
Unconfined Compression Strength of Cohesive Soil (with stress/strain
ASTM D 2166
$135
plot)
8121
Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils
ASTM D 2850
168
(USACE O test) (per confining stress)
8122
Consolidated Undrained Triaxial Compression Test for Cohesive Soils
ASTM D 4767
375
(CU, USACE R -bar test) with Back Pressure Saturation & Pore Water
Pressure Measurement (per confining stress)
8127
Consolidated Drained Triaxial Compression Test (CD, USACE S test)
EM 1110 -2- 1906(X)
with Volume Change Measurement
8123
Sand or silty sand soils (per confining stress)
375
8124
Silt or clayey sand soils (per confining stress)
500
8125
Clay soils (per confining stress)
705
8126
Three -stage Triaxial Tests
Above price + 75%
Consolidation and Expansion /Swell Tests
Method
Per Test
8140
Consolidation (11 loads up to 16 ksf & unload to 0.25 with strain vs.
ASTM D 2435
$195
load curve and one time- rate -of- consolidation curve)
8141
Each additional Time Curve
45
8142
Each additional load /unload wio Time Reading
42
8143
Expansion Index (EI)
ASTM D 4829 -08
131
8145
Swell /Collapse Test — Method A (Up to to load /unroads w/o time curves)
ASTM D 4546 -A
289
8146
Single Load Swell /Collapse Test - Method B (Seat, load, and inundate only)
ASTM D 4546 -B
105
8148
Collapse Potential of Soils
ASTM D 5333
220
Hydraulic Tests
Method
Per Test
8162
Triaxial Permeability in Flexible -Wall Permeameter with Backpressure
EPA 9100 /ASTM D 5084
$310
Saturation (at One Effective Stress)
(Falling Head Method C)
8163
- Each Additional Effective Stress
121
8164
- Hand Trimming of Soil Samples for Horizontal K
58
8169
Remolding of Test Specimens
58
Soil- Cement
Method
Per Test
8106
Moisture - Density Relations of Soil- Cement Mixtures
ASTM D 558
$240
8107
Wet -Dry Durability of Soil- Cement Mixtures*
ASTM D 559
1,205
8130
Compressive Strength of Molded Soil- Cement Cylinders* (per cylinder)
ASTM D 1633
60
8161
Soil- Cement Remolded Specimen* (for shear strength, consolidation, etc.)
236
*Compaction (ASTM D 558 maximum density) should also be performed —
not included in above price
p) 866 - Leighton f 19497250-1114 page 3 18 49
P60101418 Newport Beach Civic Center and Park Project Leighton
9060 302 - 1 -10 Leighton
Task
6200
6201
6202
6203
6204
6205
6207
6208
6211
6212
6213
6214
6217
6218
6219
Leighton i 2M Fee Schedule
MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES
Special Inspection Services (field)
Special Inspection Concrete ICC
Special Inspection Post - Tension Concrete ICC
Special Inspection Structural Steel/Welding & Bolting ICC
Special Inspection Welding AWS /CWI
Special Inspection Masonry ICC
Special Inspection Masonry DSA
Special Inspection Asphalt
Special Inspection Fireproofing ICC
Special Inspection Shotcrete or Gunite ICC
Special Inspection Shotcrete or Gunite DSA
Special Inspection Epoxy Injection & Anchors
Batch Plant Inspection Concrete /Asphalt
Fabrication Inspection (Local) AWS /CWI, ICC, Glulam
Fabrication Inspection (Outside Southern California)
Inspector Verified Report (DSA -5 /DSA -6)
Prevailing Wage" Non - Prevailing
$92
$92
$92
$92
$92
89
85
$92
$92
89
$92
$92
$92
Quote
89
$70
70
70
76
70
76
70
70
70
76
70
70
76
upon request, site - specific
76
Task
Technician Services
Prevailing Wage"
Non - Prevailing
6230
ACI Concrete /Rebar Tag & Sample
$92
$70
6233❑
Pachometer Survey
85
70
6234❑
Schmidt Hammer Survey
85
70
6235❑
Moisture Testing
85
70
6236❑
In -situ surface Wenner soil resistance test (including equipment)
100
85
6237❑
Pull -out Test on Embedded Bolts, Anchors and Dowels (including equipment)
100
85
6238❑
Earth Anchor Hold Down Test (4 hour, full load application with 5 tests minimum)
Quote upon request,
site - specific
6239❑
Earth Anchor Hold Down Test (Prelude / short term with full load)
Quote upon request,
site - specific
6240❑
Coring concrete, shotcrete, masonry or asphalt in the field
$100
6241a
Sawing concrete, masonry or asphalt in the field
Quote upon request,
site - specific
6242
Pick -up and Delivery — (weekdays, per trip, <50 mile radius from Leighton office)
$80
6232
Coring and Sizing (in house, at Leighton laboratories)
80
7120
Laboratory Technician (at Leighton laboratories)
80
a Portal to Portal
Task
Concrete Strength Characteristics
Method
Per Test
7200
Concrete Cylinders (6 -inch by 12 -inch) - Compression
ASTM C 39
$25
7201
Gunite / Shotcrete Cores (laboratory coring and testing only)
ASTM C 42
60
7202
Lightweight Fill Concrete (3 -inch by 6 -inch)
ASTM C 495
30
7203
Compression, Concrete or Masonry Cores (testing only) s6 -inch diameter
ASTM C 42
40
7220
Trimming concrete cores (per core)
20
7204
Splitting Tensile — 6 -inch by 12 -inch cylinder
ASTM C 496
50
7205
Flexural Strength of Concrete (Simple Beam with 3rd pt. Loading)
ASTM C 78
65
7206
Mix Design, Determination of Proportions
250
7207
Mix Design, Review of Existing
150
7208
Laboratory Trial Batch with Slump, Unit Weight & Air Content
ASTM C 192
457
7209
6 -inch by 12 -inch Cylinder, Make and Test (lab trial batch)
ASTM C 192
25
7210
3 -inch by 6 -inch Grout Prisms, Make and Test (lab trial batch)
ASTM C 192
25
7211
6 -inch by 6 -inch Flexural Beams, Make and Test (lab trial batch)
ASTM C 192
65
7213
Cylinder molds, 6 -inch by 12 -inch, 2 -inch by 4 -inch when not used with testing
3
7214
Unit Weight of Hardened Light weight Concrete
ASTM C 567
50
7215
Rapid Cure Concrete Cylinders (Boil Method)
ASTM C 684
50
7216
Drying Shrinkage (Four Readings, up to 90 days, 3 bars)
ASTM C 157
400
7217
Modulus of Elasticity /Poisson's Ratio 3 -inch by 6 -inch cores
ASTM C 469
350
7376
Flexural Strength of Concrete (simple beam w/ center point loading) t
CTM 523
65
p I 866- Leighton f 1 949 - 250 -1114 page 4 18
P60101418 Newport Beach Civic Center and Park Project
9060 302 - 1 -10 Leighton
W
Leighton
Leighton ISM Fee Schedule
MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued)
Task
Aggregate Properties
Method
Per Test
7240
Sieve Analysis of Fine and Coarse Aggregate
ASTM C 136
$135
7241
Sieve Analysis -Finer than #200 (Wash)
ASTM C 117
90
7242
LA Rattler - Smaller Coarse Aggregate <
ASTM C 131
165
7243
LA Rattler- Larger Coarse Aggregate >
ASTM C 535
190
7244
Soundness Magnesium
ASTM C 88
225
7249
Soundness Sodium
650
7245
Organic Impurities
ASTM C 40
90
7246
Clay Lumps, Friable Particles
ASTM C 142
175
7370
Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) >K
CTM 201 & 202
265
7373
Grading & Specific Gravity Calculation t
CTM 105
80
7247
Durability Index
CTM 229
200
7248
Cleanness Value of Coarse Aggregate
CTM 227
210
Task
Masonry
Method
Per Test
7260
Mortar Cylinders (2 -inch by 4 -inch)
ASTM C 780
$25
7261
Mortar Cubes (2 -inch by 2 -inch)
ASTM C 109
25
7262
Grout Prisms (3 -inch by 6 -inch)
ASTM C 1019
25
7263
Concrete or Masonry Cores Compression, 56 -inch diameter (Testing Only)
ASTM C 42
40
7264
CMU Compression (3 required) to size 8 -inch by 8 -inch by 16 -inch
ASTM C 140
45
7265
CMU Compression (3 required) greater than 8 -inch by 8 -inch by 16 -inch
ASTM C 140
50
7266
CMU Moisture Content, Absorption & Unit Weight (6 required)
ASTM C 140
40
7267
Masonry efflorescence (5 required)
ASTM C 67
40
7268
CMU Linear Drying Shrinkage
ASTM C 426
175
7269
CMU Grouted Prisms (compression test < 8 inch by 8 -inch by 16 -inch)
ASTM E 447
180
7280
CMU Grouted Prisms (compression test > 8 -inch by 8 -inch by 16 -inch)
ASTM E 447
250
7281
Masonry Core -Shear Title 24 (Test Only)
70
7283
Specimen Prep (Sample by others)
50
7284
CMU width, depth and face shell measurements
40
Task
Brick
Method
Per Test
7290
Compression (5 required)
ASTM C 67
$40
7291
Modulus of Rupture (5 required)
ASTM C 67
40
7292
Absorption, Soak (5 required)
ASTM C 67
40
7293
Absorption, Bail (5 required)
ASTM C 67
50
7294
Absorption, Saturation Coefficient (5 required)
ASTM C 67
50
7295
Initial Rate of Absorption (5 required)
ASTM C 67
40
7296
Efflorescence (5 required)
ASTM C67
55
7297
Efflorescence with Mortar (5 required)
ASTM C 67
65
Task
Steel Reinforcement
Method
Per Test
7300
Tensile Test, Up to No. 10
ASTM A 370
$45
7301
Tensile Test, No. 11 and over
ASTM A 370
100
7302
Bend Test, Up to No. 11
ASTM A 370
45
Task
Structural Steel
Method
Per Test
7310
Tensile Strength, 5100,000 pounds axial load
ASTM A 370
$45
7311
Tensile Strength, 100,000 to 200,000 pounds axial load
ASTM A 370
60
7312
Bend Test
ASTM A 370
40
7313
Pipe Flattening Test
ASTM A 370
Quote
7314
Machining and Preparation of Samples
ASTM A 370
Quote
7315
Brinell & Rockwell Hardness Test
ASTM A 370
55
7316
Chemical Analysis, Carbon and Low Alloy Steel
Quote
p I 866 - Leighton f 1949-250-1114 page 5 18 ;9
P60101418 Newport Beach Civic Center and Park Project Leighton
9060 302 - 1 -10 Leighton
Leighton i 21111W Fee Schedule
MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued)
Task
Pre- stressing
Method
Per Test
7320
Prestressing Wire, Tension (stress vs. strain plot)
ASTM A 416
$150
7321
Sample Preparation (cutting)
50
7322
Prestressing cable, 7 wire (Breaking strength /Modulus of Elasticity)
ASTM A 416
190
Task
Weld Procedure and Welder Qualifications
Rate
6320
Welder Certification/Weld Procedure Review (AWS /CWI)
$85 /hour
7330
Weld Tensile Test
50 each
7331
Weld Bend Test
40 each
7332
Weld Macro -Etch
60 each
7333
Bolt Tensile Test
50 each
7334
Bolt, Nut or Washer Hardness Test
50 each
7335
Bold Elastic Proof Load Test
50 each
Task
Fireproofing
Method
Per Test
7340
Unit Weight (Density)
ASTM E 605 -93
$60
Task
Asphalt Concrete, Specimen Testing
Method
Per Test
7350
Extraction, Percent Asphalt and Gradation, Centrifuge
ASTM D 2172/C 136
$195
7351
Extraction & Percent Asphalt (only), Centrifuge
ASTM D 2172
155
7355
Extraction and Gradation Only, Centrifuge
ASTM D 21721C 136
175
7352
Bulk Specific Gravity— Molded Specimen or Cores
ASTM D 1188
55
7353
Maximum Density - Hveem
CTM 308
125
7354
Stabilometer Value
CTM 366
265
7357
Bituminous Mixture Preparation
CTM 304
80
7377
Moisture Content of Asphalt t
CTM 370
60
7378
Sampling Highway Materials /Products (Roadway Structural Sections) t
CTM 125
Quote
7379
Extraction by Ignition Oven
CTM 382 (8/2003)
150
Rubberized Asphalt
add 25%
Task
Mix Design /Control
Method
Per Test
7360
Mix Design — Hveem Including Aggregate Tests per Design
ASTM D 1560 /CTM 366
Quote
7361
Mix Design — Marshall Including Aggregate Tests per Design
ASTM D 1559
Quote
7362
Field Mix — Hveem Stability per point
ASTM D 1560 /CTM 366
$200
7363
Field Mix - Marshall Stability per point
ASTM D 1559
200
Task
Moisture Vapor Emission Rate (MVER) Test
Method
Per Test
6325
Moisture Test Kit (excludes labor to perform test)
ASTM E 1907
$60
Task
Other Services
Method
Rate
6260
Non - Destructive Testing (NDT) each weld
ANSI
$92 each
6259
Radiographic Testing
Quote
6270
Project Closeout
215 /hour
T soil t material m soil & materials
p 1 866 - Leighton f 1949-250-1114 page 618
P60101418 Newport Beach Civic Center and Park Project
9060 302 - 1 -10 Leighton
4
Leighton
Leighton I l Fee Schedule
FIELD EQUIPMENT LIST
Task
Equipment, Supplies and Materials
Unit Rate
8200
Box of 10 soil drive - sample rings
$125 per month
9594
Caution Tape (1000 -foot roll)
15 each
9575
Combination Lock or Padlock
15 each
9564
Core Sample Boxes
15 each
9565
Cutoff Saws, reciprocating, electric (Saws -All)
45 per day
9566
D.C. Purging Pump, 3 gpm
25 per day
9555
DOT 55- gallon Containment Drum with lid
60 each
9567
Dissolved Oxygen Meter
40 per day
9537
Generator, portable gasoline fueled, 3,500 watts
75 per day
9538
In -Situ Level -Troll 500 (each)
50 per day
9539
In -Situ Troll 9500 Low Flow Water Sampling Equipment
120 per day
9543
Level B Protection (per person)
300 per day
9544
Level C Protection (per person)
180 per day
9574
Magnahelic Gauges, each
10 per day
9511
Mileage (current published IRS rate)
IRS rate /mile
9547
Nitrile Gloves
15 per pair
9522
pH /Conductivity/Temperature Meter
45 per day
9562
Photo - Ionization Detector (PID)
440 per week
9557
Pump, Typhoon 2 or 4 Stage
45 per day
9512
Service Vehicle Usage
150 per day
9581
Slip / Threaded Cap, 2 -inch or 4 -inch diameter, PVC Schedule 40
8 each
9593
Snow Fence (100 -foot roll)
15 per day
9595
Survey /Fence Stakes
5 each
9526
Submersible Pump, 10 gpm, high powered Grunfos 2 -inch with controller
160 per day
9527
Submersible Sump /Transfer Pump, 10 -25 gpm
45 per day
9582
Threaded Cap, Schedule 40 PVC
15 per cap
9585
Tedlar® Bags
15 each
9586
Traffic Cones (<25) /Barricades (single lane)
40 per day
9556
Tubing, clear vinyl 318 -inch diameter
.450 per foot
9528
Turbidity Meter
70 per day
9548
Tyvek® Suit (each)
12 each
9529
Vapor Sampling Box
40 per day
9588
Visqueen, 6 -mil, 20 feet x100 feet roll, 6 -mil
75 per roll
9536
Water Level Indicator (electronic well sounder) <_300 feet deep well
40 per day
9597
Double -Ring Infiltrometer (ASTM D 3385 -09) equipment
350 per day
p I 866- Leighton f 1949-250-1114 page 7 1 8
P60101418 Newport Beach Civic Center and Park Project Leighton
9060 302 • 1 -10 Leighton
Leighton i 2M Fee Schedule
TERMS AND CONDITIONS
• Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8
hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24
hours or on Sunday, and 3 times basic hourly rates on California official holidays.
• Minimum Hourly Charges for Geotechnical and Environmental Technicians (field time only):
• Minimum Hourly Charges for Special Inspectors or Material Testing Field Services (field time only):
1. Ganeellation of nspeetiens Rat 6aFiGeied by 4iGG p.m an ng ,,�2 hours
2. One half werkriRg day er less except as Pie. 3 (below) applies ........................ Actual us
3. Over One half warking day, er begiRs 194,9FA RGAR and exteRdS Into afteFF)GE)FIAGtual hnuns
'No charge if cancellation is made before 4:00 p.m. of the preceding work day.
WON NMI
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 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 -d2y break. All other construction materials will be
disposed of after completion of testing and reporting.
p I 866- Leighton f 949- 250 -1114 page 8 18
P60101418 Newport Beach Civic Center and Park Project
9060 302 - 1 -10 Leighton
-140,
Leighton