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HomeMy WebLinkAboutS15 - City Hall Fuel Tank RemovalCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S15 August 9, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Steve Badum, Public Works Director 949 - 644 -3311 sbadum@city.newport-beach.ca.us SUBJECT: CITY HALL FUEL TANK REMOVAL, APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. RECOMMENDATIONS: 1. Approve a Professional Services Agreement with Leighton Consulting, Inc., for the removal of 12,000 gallon underground fuel storage tank at City Hall at a not to exceed contract price of $57,400 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a budget amendment appropriating $57,400 from the General Fund Unappropriated Surplus Fund Balance, 010 -3605, to account 7011- C5100874. DISCUSSION: During the schematic design process for the replacement City Hall, new parking structure, and replacement fire station, it was found that the location of the existing underground fuel tank and dispensing facility would conflict with the new construction and cannot be preserved under any design scenario. Additionally, City Staff has reviewed the overall needs for refueling at this location, potential liabilities, regulatory issues, and economics associated with underground fuel storage tanks. The current facility is primarily utilized by Building Inspection, Code Enforcement, Lifeguards, and City Hall pool vehicles. With the fueling station at the Corporation Yard less than a mile away, it does not make good economic sense to continue dispensing fuel at this location. Increasing costs for testing, monitoring, and system upgrades to comply with water and air quality regulation along with the potential of spills and leakage of underground facilities and the associated clean -up /mitigation also support the closing of this facility. City staff is currently working with Leighton Consulting Inc. for the preparation of geotechnical investigation and environmental site assessments for the City Hall, Parking Structure, and Fire Station project. Since this firm is already on site and familiar with relevant issues, staff requested a proposal for the removal of the underground storage tank (UST) and related facilities. The scope of work proposed includes: SUBJECT: City Hall Fuel Tank Removal, Approval of Professional Services Agreement with Leighton Consulting, Inc. August 9. 2005 Page 2 • Processing of all permits from the City and Orange County Health Department. • Removal and disposal of the UST and associated facilities. • Groundwater monitoring including sampling and testing for oxygenates (MTBE). • Importing backfill and resurfacing of the resultant excavation. The estimated time to complete the work is seven (7) days once approvals from the permitting agencies are obtained. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for this project: Account Description Account Number Amount General Fund 7011- C5100874 $57,400.00 Environmental Review: This project is categorically exempt from the provisions of CEQA per Section 15330, pertaining to minor actions to prevent the release of potentially hazardous substances. Submitted by: Stephen G. Badum Public Works Director Attachment: Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC., FOR UNDERGROUND STORAGE TANK REMOVAL AND SOIL AND GROUNDWATER SAMPLING THIS AGREEMENT is made and entered into as of this day of August, 2005, 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 -6009 ( "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 remove a 12,000 - gallon underground gasoline storage tank (UST) located in the southeast corner of the City Hall property, located at 3300 Newport Boulevard in the City of Newport Beach. C. City desires to engage Consultant: (1) to obtain all governmental permits, whether federal, state, county, or municipal, that are necessary to remove and dispose of the UST; (2) to perform the removal of the UST as well as the removal of an adjacent gasoline dispenser island and associated piping; (3) to collect soil samples and deliver them to a State of California certified laboratory to be analyzed; (4) to backfill the excavation and pave the area with asphalt, provided that no hazardous materials have been found; and (5) to collect and analyze two groundwater samples (hereinafter referred to as the "Project'). D. In performing the Project, Consultant agrees to comply with all permit conditions, laws and regulations, whether federal, state, county or municipal, that relate to, pertain to or regulate the removal, handling or disposal of USTs. E. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. F. The principal member of Consultant for purposes of Project, shall be Charles R. Mazowiecki, P.E., Senior Project Engineer. G. 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 Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2005, 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 lump sum basis after completion of all work in accordance with the provisions of this Section and the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items, subconsulting fees, permitting fees and disposal costs, shall not exceed Fifty -Seven Thousand, Four Hundred Dollars and no1100 ($57,400.00) without additional authorization from City. No compensation changes shall be made during the term of this Agreement without the priorwritten approval of City. 4.1 Consultant shall be responsible for obtaining all necessary permits for performing the work outlined in the Scope of Work, and shall pay the cost of any and all permit fees charged by any public entity, including any 1) federal, state, county or local agency. City shall not be responsible for reimbursing Consultant for any permit fees in connection with this Project. However, City agrees to waive the fee for any permit required by the City of Newport Beach for this Project. 4.2 Consultant shall be responsible for arranging for the offsite transportation and disposal of the UST and the associated piping, and shall pay for all costs associated with such transportation and disposal, including any landfill or dumping fees or costs. 4.3 Upon conclusion of the Project, Consultant shall submit an invoice to City describing the work performed. Consultant's bill shall include a 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, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff. 4.4 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City, in writing. 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. 4.5 Consultant shall not receive any compensation for Extra Work 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 Fee Schedule 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 Charles R. Mazowiecki, P.E., 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. Roger Torriero of Griffin Structures, Inc., shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative 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 orfacilities 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. n 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. 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 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 any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, 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 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 r 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. 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. mature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. r Workers' Comrensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor'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 prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liabilitv Covera e. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 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 one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any 7 self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. 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 0 otherwise required by law. 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. 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. N 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 any other sections of this Agreement. n 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. 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 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. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant 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: Roger Torriero c/o Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 412 -9000 Fax: 949 - 497 -8883 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Charles R. Mazowiecki, P.E. Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 -6009 Phone: 949 - 253 -9836 Fax: 949 - 250 -1114 11 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, the non - defaulting party may 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 laws, 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 including, but not limited to, all permit conditions, laws and regulations, whether federal, state, county or municipal, that relate to, pertain to or regulate the removal, handling or disposal of USTs. 30. WAIVER 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. 11) 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. 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. 34. 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. 35. 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. 36. 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. [SIGNATURES ON FOLLOWING PAGE] 1.'� APPROVED AS TO FORM: By: Aaron C. Harp Assistant City Attorney CITY OF NEWPORT BEACH, A Municipal Corporation By: John Heffernan, Mayor City of Newport Beach LEIGHTON CONSULTING, INC.: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Professional Fee Schedule f: \users \pbw \shared \agreements \fy 05- 06 \leighton- underground storage tank.doc 14 Leightson Consulting, Inc. A LEICHTON GROUP COMPANY Jul }' 28. 2005 To: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Mr. Steve Badum. Director of Public Works Exhibit A Proposal No. P601 -00172 Subject: Revised Proposal to Remove One Underground Storage Tank and Conduct Groundwater Monitoring and Sampling at 3300 Newport Boulevard, Newport Beach, California Introduction In response to your request, Leighton Consulting, Inc. is pleased to present this revised proposal to remove the 11000 gallon underground gasoline storage tank (UST), dispenser island, and associated piping located in the southeast comer of the property at 3300 Newport Boulevard, Newport Beach, California. Also included in this proposal is the collection and analysis of two groundwater samples. This proposal is based on the information contained in the "Phase 1 Environmental Site Assessment Report, 3300 Newport Boulevard and 475 32 "d Street, Newport Beach, Orange County. California" prepared by Leighton Consulting (Phase I ESA). The revisions include restoration of the paving in the excavated area to the City's specifications and one groundwater monitoring event. 17781 Cowan. Irvine, CA 92614 -6009 949 - 253 -9836 Q Fax 949- 250 -1114 . www.leightonconsulting.com P601 -00172 The scope of services for this project is summarized below. Assumptions for UST Removal The fee for the permit to be obtained from the City of Newport Beach Building Department will be waived for this work. Water is available onsite or within 100 feet of the site. • There are no utilities or underground structures present within the limits of work that will interfere with the project. The UST is double -wall fiberglass of 12,000 gallons nominal capacity. The UST is empty. The maximum depth of excavation is 12 feet below grade. Shoring is not required. Existing tank is anchored to a concrete slab or deadmen. Straps can be cut and concrete left in place. No more than fi soil samples will be analyzed. Overburden removed from the excavation is suitable for use as backfill material. Offsite transportation and /or disposal of contaminated soil is not included. A maximum of 1355 tons of imported rock for backfill will be required. Permits Permits will be obtained from the City of Newport Beach Building Department�aft4 the Orange County Health Care Agency.c ,, *t c,tl obi%c /o.vaPItcdb 14 r{rvte.Fvey e4- T'vc:es, UST Removal Underground Services Alert will be notified to verify that there are no utilities or subsurface structures present that could interfere with the work. Any active utilities will be turned off and disconnected. Prior to removal, the UST will be triple - rinsed and evacuated of rinseate, degassed and monitored for the presence of volatile vapors. The existing asphalt pavement will be sawcut at the limits of the excavation and the pavement over the area to be excavated will be removed and -2- Leighton P601 -00172 stockpiled for disposal. The UST and associated piping will be uncovered. removed. and with the approval of the Orange County Health Care .Agency. (OCHCA). placed on trucks- and transported to an appropriate disposal facility. Soil samples will be collected from the excavation walls as directed by the OCHCA. Soil samples will be delivered to a State of California certified laboratory to be analyzed for Total Petroleum Hydrocarbons Cl PH) in accordance with EPA Method 8015 (Modified) and benzene, toluene, ethylbenzene, total xvlenes and oxygenates in accordance with EPA Method 8360B. After the UST has been removed. clean rock will be delivered to the site and used as backfill material from the bottom of the excavation to the eraun(I\y'ater surface elevation. The overburden will be used to backfill the excavation to subgrade with a minimum of 90 percent relative compaction. A compaction report signed by a State of California qualified registered professional will be issued at the completion of backfilling. .After compaction of the backfill is completed. a 6 -inch course of compacted Class 2 Base will be placed over the surface of the backfill material. The area will be paved with 4 inches of hot mix asphalt. flush with the adjoining surfaces. Prior to demobilization. all debris generated during construction will be removed from the site for proper disposal. and the site will be swept clean. We estimate it will take 7 days to complete the tank removal. backfill, and restoration activities. Groundwater Monitoring Included in this proposal is one round of ground water sampling fiom the existing monitoring wells. In the Phase I ESA, Leighton Consulting recommended that groundwater samples be collected and analyzed to verify that methyl tertiary butyl ether (MTBE) and other oxygenates have not impacted groundwater. Three monitoring wells exist on site but one has been covered with pavement. Leighton Consulting will collect one groundwater sample from each of the two accessible wells (two samples total). Groundwater samples will be delivered to a State of California certified laboratory to be analyzed for oxygenates, including MTBE in accordance with EPA Method 8260B. Leighton Consulting will submit a report discussing the analytical results. -3- Leighton P601 -00172 Project Management Included in this proposal is time for a representative from Leighton Consulting to attend meetings of the Newport Beach City Council. Fee Estimate R "e estimate the fee for these services will be Fifty -Seven Thousand Four Hundred Dollars (557,400.00). Our services will be supplies on a lump sum basis, based on the assumptions provided herein. If this proposal meets with your approval, please forward a contract to our office for review. If at any time, conditions are encountered which are different from those anticipated, or that additional services are required. we will contact you before providing these additional services. Additional services will not be provided util we have received written authorization from You to proceed. All services will be provided in accordance with the attached 2005 Prevailing Wage Fee Schedule. We look forward to continue working with the City, of Newport Beach on the subject project. If you have any questions, please do not hesitate to call the undersigned at 949 -252 -9836 Ext. 216. Respectfully submitted, LEIGHTON CONSULTING, INC. Charles R. Mazowiecki, P.E. Senior Project Engineer Distribution: (2) Addressee (1) City of Newport Beach, Attention: Ms. Jessica Etezad_v (1) Griffin Structures, Attention: Mr. Roger Torriero (1) Griffin Structures, Attention: Mr. Steve Mickel Attachment: 2005 Prevailing Wage Fee Schedule 9- Leighton •°1 r 2005 PROFESSIONAL FEE SCHEDULE* PROFESSIONAL SERVICES TECHNICAL STAFF Exhibit B Technician1 .... .................. ............. _ ... _ ........... _ ............... ............. .......................... ......................... ..... .... _ .......... .................... 70 Technician[ I ............................................................................................................................................... ............................... 80 SeniorTechnician ...................................................................................................................................... ............................... 90 Staff Engineer /Geologist/Scientist/Field Supervisor /Materials Inspection Manager .......... __. _ ................... ............................105 OperationsManager ...... ... .............. __ ....... ..................................... ................... ........... ... ...... ........................ ........................ 115 Senior Staff Engineer/ Geologist/Scientist .................. ......................................... ._ .................. _.._ .............. ... ...... ........... ..... 120 Project Engineer /Geologist/Scientist/Registered Civil/Materials ...... ____ ...................... .......... ___ ......................... ...........135 Senior Project Engineer/ Geologist/Scientist .............. ............... _ ..... . ..................... _.......... ...................... ............................150 Associate...... .......... ............................ ........... ...................... __ .............. .. ............. ...... .................................... ..................... ..170 Principal...... ..................... .................................. ___ ............... ___ .................... _..... ........_...._..............._. ........... .... ............. 185 SeniorPrincipal ..... ............. ............. ......................................................... ........ ..... ..... . ................ __ ..... .......... ......................... 225 TECHNICAL SUPPORT STAFF Administrative AssistantNVord Processor .................. ...................... _....._..............__... ................................ ..._................_.. 65 CAD Operator/Technical Illustrator /GIS Specialist ..... .................. _. ....................................... ......... ........ _ ............. ...,............90 ENGINEERING EQUIPMENT VehicleUsage ....... _ ............................... .... ... ...... ................. ..................... ...... ........... ....................... ... .............. __... $ 9 per hour 'tmeter. Inclinometer Units ............................. ..__..................... ...... .. .................. ....................... .. ..... ...__... ....... .. 150 per day uclearSoil Gauge .............................. .............. .................. ____ ...... ... ..... ......... .......... ....................... ........... ............. 8 per hour GPSStation .._ ............... ..._................. ..._ ......... ...... ............. .__ ................ .. ... ....... ........... .............. ....... .... ......... .... 150 per day OtherEquipment .................................................................................................................... ............................... Upon Request OTHER TERMS AND CONDITIONS Ge • Expert witness testimony will be charged at 2.0 times the above rates, with a minimum charge of four hours per day. • Proposals are valid for 30 days, unless otherwise stated. • Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20 %, unless billed directly to, and paid by client. rk. C ng a k. • A retainer of 50% of the fees may be required for projects with a total fee of $5.000 or less, with the balance to be paid at the time the report is released to the client. • Client agrees to provide all information in Client's possession about the actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse Leighton for all costs related to their unanticipated discovery. • id" contra `fin- wr- Lfier�t u • Minimum Hourly Charges for Field Technicians: 1. Monday- Friday ............. ..............................____ .............. ___ ................. ..... .... .... 2 Hour Minimum 2. Saturday and Sunday... ................... ............. .............. .............. ___ _ 4 Hour Minimum ' Effective through December 31. 2005, after which remaining work will be billed at then - current rates. '90 302 (Continued on Reverse 1 -05S 17781 Cowan ■ Irvine, CA 92614 -6009 949.250.1421 ■ Fax 949.250.1114 ■ www.leightonwnsulting.com TEST $ TEST Identification & Index Properties Static Uniaxial & Triaxial Strength Tests Moisture Content 15 Unconfined Compression (with stressstrainplot) 85 Moisture and Density (Ring Samples) 25 UU Test — Unconsolidated /Undrained (perstress) 1' Moisture Content & Density (Shelby /cutting J 60 Consolidated Undrained (CU,R) (perstress) 3J, Atterberg Limits (3 points) 115 Consolidated Drained (CD,S) with Volume Change Single Point/Nonplastic 80 Sandy -silly sand soils (per confining stress) 355 Visual classification of point as nonplastic 10 Silt- clayey and soil (per confining stress) 495 Particle Size: Sieve (' /<" to—#200) 70 Clay soils (per confining stress) 700 Sieve (3" to - #200) 105 Three Stage Triaxial Tests Above $ + 75% Hydrometer only 105 Sieve & Hydrometer 150 Consolidation & Swell Tests Dispersive Characteristics of Clay 'Sail (Double Hydrometer) 85 Consolidation (w /o time rate) 185 Specific Gravity: Fine (passing #4) 85 Each Time Reading & Curve per Increment 45 Coarse (retained on #4) 80 Each additional load /unload w/o Time Reading 40 Total Porosity — On Shelby tube sample — calc. 130 Expansion Index 125 Total Porosity — On other sample 100 Swell /Collapse Test (A) 10 loadlunloads who time curves 275 Photograph of sample 10 Single Load Swell /Collapse Test (B) seat load, and inundate 100 Shrinkage Limits (Wax Method) 120 Swell /Collapse Test (C) 365 Pinhole Dispersion 190 Collapse Potential of Soils 235 Sand Equivalent 85 Percent Passing #200 Sieve 55 Hydraulic Tests Permeability (Hydraulic Conductivity) Soil Chemistry — Undisturbed Tube Sample 185 pH 40 — Remolded Sample 225 Electrical Resistivity — single point— insitu moisture 40 Triaxial Permeability (at One Effective Stress) 280 Minimum Resistivity (minimum of 3 points) 85 - Each Additional Effective Stress 115 pH & Minimum Resistivity 125 - Hand Trimming for Horizontal K 55 Sulfate Content - Gravimetric 65 - Daily charge for Long Term Tests (> 7 days) 45 Sulfate Screen 30 Compatibility Tests in Flex -Wall Permeameter: Baseline 31' Permeability, Sample Prep., etc. Chloride Content 65 Set -up for Leachate or Permeant Injection 100 Corrosion Suite: pH, chloride, minimum Resistivity & 210 Daily Equipment Usage Rate (aaerleachate injection) 45 Sutlate (gravirretric) Organic Matter Content 60 Remolding of Test Specimens 55 Air Permeability (inc. Moisture & Density) 95 Shear Strength Air Permeability (Modified for Soils) 165 Pocket Penetrometer 15 Capillary- Moisture Relationships (includes duplicate) 375 Torvane 15 (without duplicate) 270 Single Point Shear 90 Direct Shear (3 points) Consolidated Undrained - 0.05 in.7min. 220 Other Direct Shear (3 points) Consolidated Undrained 465 Concrete Compression 20 Remolding or Hand Trimming of specimens (3 points) 70 CAL TRANS 216 — Relative Compaction 195 Residual Shear — price per pass per point after shear 55 Torsional Shear 590 Compaction & Bearing Capacity Samples will be stored for 3 months. Prior notification is required if R -Value — Untreated or Treated 250 samples need to be stored for a longer period of time. A monthly storage R -Value — Lime Treated 255 fee of $3/bag and $1/sleeve will be applied. Standard Proctor Compaction - 4 points 4 inch mold 165 Prices shown above are based on the assumption that all soil samples are 6 inch mold 195 'clean' and that turnaround time of results is standard (1 to 2 weeks). For Modified Proctor Compaction (Max Density) - 4 points contaminated soil (Level D), please add a 10% surcharge. Extremely hazardous samples (Level C) will require a 15% surcharge. Level C & D soil 4 inch mold 175 samples will be returned to the site or property owner. 6 inch mold 205 Check Point 75 Relative Density (0.1 cubic foot mold) 225 California Bearing Ratio (CBR) — 3 point' 530 —1 point' 175 1 -05S 17781 Cowan ■ Irvine, CA 92614 -6009 949.2501421 ■ Fax 949.250.1114 ■ www.leightonconsulting.com �j MATERIALS TESTING & INSPECTION SCHEDULE OF SERVICES Task Professional Services Price $ / hour 7104 Reports — Test Results 10 7105 Review of Files for Final Letter of Affidavit (min. 2 hours) 115 7106 Expert Witness, Consultation and Court Appearances (min. 4 hours) 200 7107 Submittal Review for Compliance with Project Plans and Specifications 100 7108 Structural Observation designated by the Architect or Engineer of Record (Seismic Zones 3 & 4) 200 Task Inspection Services Price $ / hour 6150 Relocatable Building In -Plant Inspections, Title 24 85 6151 DSA Project Inspector (IOR) — Class 1 90 6152 DSA Project Inspector (IOR) — Class II 85 6153 DSA Project Inspector (IOR) —Class III 80 6154 DSA Project Inspector (IOR) — Class IV 75 6200 Special Inspection Concrete ICBO 59 6201 Special Inspection Post- Tension Concrete ICBO 59 6202 Special Inspection Structural SteelNVelding & Bolting ICBO 59 6203 Special Inspection WeldingAWS /CWI 67 6204 Special Inspection Masonry ICBO 59 6205 Special Inspection Masonry DSA 67 6206 Special Inspection Roofing 59 6207 Special Inspection Asphalt 59 6208 Special Inspection Fireproofing ICBO 59 6209 Electrical Inspection 59 6210 Mechanical Inspection 59 ­11 Special Inspection Shotcrete ICBO 59 2 Special Inspection Shotcrete DSA 67 13 Special Inspection Epoxy Injection & Anchors 59 6214 Batch Plant Inspection Concrete 59 6215 Batch Plant Inspection Asphalt 59 6216 Building Inspection ICBO 59 6217 Fabrication Inspection (Local) AWS /CWI 67 6218 Fabrication Inspection (Outside Local Area) Quote Task Technician Services Price $ / hour 6230 Technician - Materials -Field /Concrete 59 6231 Technician -Soil (Compaction Tests Only) Quote 6232 Coring and Sizing (in house) 59 7120 Laboratory Technician 59 6233 Pachometer Inspection - Technician 59 6234 Schmidt Hammer Inspection - Technician 59 6235 Moisture Testing - Technician 59 6236 Grounding Rod Soil Resistance Test - Technician 250 ea. 6237 Pull -out Test on Embedded Bolts, Anchors and Dowels 59 6238 Earth Anchor Hold Down Test (4 Hour, Full Load Application with 5 minimum) 155 ea. 6239 Earth Anchor Hold Down Test (Prelude / Short Term, w /Full Load) 18 ea. 6240 Coring Concrete, Masonry or Asphalt in Field 85 6241 Sawing Concrete, Masonry or Asphalt in Field 95 6242 Pick -up and Delivery - Standard 60 /trip 6243 Technician Travel Time ( >40mi. radius of Irvine lab) 60 /hr. 1 -05S 17781 Cowan ■ Irvine, CA 92614 -6009 949250.1421 . Fax 949.250.1114 ■ ww,v.leiohtommnsultino.conn �/ Task Non - Destructive Testing (NDT) Price $ / hour 6260 Ultrasonic Inspection 80 6261 Dye Penetrant Inspection 80 6262 Magnetic Particle Inspection 80 6263 Radiographic Testing Quote /hour 6264 Travel Charge Quote /hour or mile 6265 Truck Charge Quote /day 6266 Film Quote /film Task Equipment Charges Price $ / day 6300 Skidmore - Wilhelm Bolt Cell 40 6301 Torque Wrench 15 6302 Air Meter 20 6303 Pachometer 50 6304 Schmidt Hammer 30 6305 Nuclear Density Gauge 75 6306 Vibrating Probe (Concrete) 40 6307 Generator 50 Task Concrete Strength Characteristics Method Price $ ea. 7200 Concrete Cylinders (6 "x 12 ") - Compression ASTM C -39 22 7201 Gunite /Shotcrete Cores (Lab Coring 8 Testing Only) ASTM C-42 50 7202 Lightweight Fill Concrete (3 "x6 ") ASTM C -495 32 7203 Compression, Concrete or Masonry Cores (Testing Only) Max. Diameter 6" ASTM C -42 32 7204 Splitting Tensile ASTM C-496 38 7205 Flexural Strength of Concrete (Simple Beam with 3`° pt. Loading) ASTM C -78 55 7206 Mix Design, Determination of Proportions 130 7207 Mix Design, Review of Existing 120 7208 Laboratory Trial Batch with Slump, Unit Weight 8 Air Content ASTM C -192 360 7209 6 "x 12" Cylinder, Make and Test (Lab Trial Batch) ASTM C -192 22 7210 3 "x 6" Grout Prisms, Make and Test (Lab Trial Batch) ASTM C -192 18 7211 6 "x 6" Flexural Beams, Make and Test (Lab Trial Batch) ASTM C -192 32 7212 Per Sample Pick -up within 40 -miles of Irvine Lab 10 7213 Cylinder Molds, 6 "x 12 ", 2 "x 4" (Not Used With Testing) 3 7214 Unit Weight of Hardened Light weight Concrete ASTM C -567 32 7215 Rapid Cure Concrete Cylinders (Boil Method) ASTM C -684 32 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) ASTM C -157 220 7217 Modulus of Elasticity /Poisson's Ratio ASTM C-469 260 7218 Petrographic Analysis of Hardened Concrete ASTM C -856 1300 7219 Cement Content Analysis of Hardened Concrete ASTM C 1084 820 Task Aggregate Properties Method Price $ ea. 7240 Sieve Analysis of Fine and Coarse Aggregate ASTM C -136 95 7241 Sieve Analysis -Finer than #200 (Wash) ASTM C -117 65 7242 LA Rattler - Smaller Coarse Aggregate < 1'/z" ASTM C -131 155 7243 LA Rattler- Larger Coarse Aggregate > 3/." ASTM C -535 180 7244 Soundness ASTM C -88 205 7245 Organic Impurities ASTM C-40 55 7246 Clay Lumps, Friable Particles ASTM C -142 115 7247 Durability Index CTM 229 115 7248 Cleanness Value of Coarse Aggregate CTM 227 80 1 -05S 17781 Cowan ■ Irvine, CA 92614$009 949.250.1421 . Fax 949.250.1114 ■ wsnv.leiahtonconsultinc.com P/ b� Task Masonry Method Price $ea. 7260 Mortar Cylinders (2"x4 ") ASTM C -780 22 7261 Mortar Cubes (2 "x 2 ") ASTM C -109 22 7262 Grout Prisms (3 "x6 ") ASTM C -1019 22 7263 Compression, Concrete or Masonry Cores, Max. Diameter 6" (Testing Only) ASTM C -42 32 7264 CMU Compression (3 required) to size 8 "x 8 "x 16" ASTM C -140 43 7265 CMU Compression (3 required) greater than 8 "x 8 "x 16" ASTM C -140 48 7266 CMU Moisture Content, Absorption & Unit Weight (6 required) ASTM C -140 80 7267 Masonry Efflorescence (5 required) ASTM C -67 48 7268 CMU Linear Drying Shrinkage ASTM C -426 90 7269 CMU Grouted Prisms (Compression Test to 8 "x 8 "x 16 ") ASTM E-447 145 7280 CMU Grouted Prisms (Compression Test larger than 8'x 8" x16 ") ASTM E -447 175 7281 Masonry Core -Shear Title 24 (Test Only) 60 Task Brick Method Price ea. 7290 Compression (5 required) ASTM C -67 38 7291 Modulus of Rupture (5 required) ASTM C -67 38 7292 Absorption, Soak (5 required) ASTM C -67 27 7293 Absorption, Boil (5 required) ASTM C -67 27 7294 Absorption, Saturation Coefficient (5 required) ASTM C -67 43 7295 Initial Rate of Absorption (5 required) ASTM C -67 38 7296 Efflorescence (5 required) ASTM C -67 45 7297 Efflorescence with Mortar (5 required) ASTM C -67 60 Task Steel Reinforcement Method Price $ea. 7300 Tensile Test, Up to No. 10 ASTM A -370 38 -1 Tensile Test, No. 11 and over ASTM A -370 48 Bend Test, Up to No. 8 ASTM A -370 32 iou3 Bend Test, No. 9 and over ASTM A -370 48 7304 Processing Mill Certificates (per size and heat) 16 Task Structural Steel Method Price $ ea. 7310 Tensile Strength, Up to 100,000lbs ASTM A -370 38 7311 Tensile Strength, 100,000 to 200,OOOlbs ASTM A -370 48 7312 Bend Test ASTM A -370 27 7313 Pipe Flattening Test ASTM A -370 Quote 7314 Machining and Preparation of Samples ASTM A -370 48 7315 Brinell & Rockwell Hardness Test ASTM A -370 32 7316 Chemical Analysis, Carbon and Low Alloy Steel Quote 7317 Processing Mill Certificates (per size and heat) 16 Task Prestress Method Price $ea. 7320 Prestress Wire ASTM A-416 150 7321 Sample Preparation 48 7322 Prestress Cable. 7 Wire (Breaking Strength /Modulus of Elasticity) ASTM A -416 160 Task Weld Procedure and Welder Qualifications Price $ 6320 Welder Certification/Weld Procedure Review (AWS /CWI) 7330 Weld Tensile Test 38 ea. 7331 Weld Bend Test 27 ea. 7332 Weld -Macro Etch 43 ea. 7333 Bolt Tensile Test 48 ea. Task Fireproofing Method Price $ 7340 Unit Weight (Density) UBC Std. 7 -6 43 ea. 7341 Cohesion /Adhesion UBC Std. 7 -6 59 /hr. 1 -05S 17781 Cowan ■ Irvine. CA 92614-6009 949.250.1421 ■ Fax 949.250.1114 ■ www.leichtonconsultino.com �io IPA Task Roofing Method Price $ 7345 Unit Weight 59 /hr. 7346 Tile- Breaking Strength /Absorption (min. 5 samples /test) UBC 15 -5 65 ea. 7347 Clay or Concrete Tile Title 24 Quote Task Asphalt Concrete, General Testing Method Price $ 7350 Extraction, %Asphalt ASTM D 2172 128 ea. 7351 Extraction & Gradation ASTM D 2172/0 136 177 ea. 7352 Unit Weight — Molded Specimen of Cores ASTM D -118 38 ea. 7353 Bulk Specific Gravity CTM 308 145 ea. 7354 Stabilometer Value CTM 366 214 ea. 7355 Maximum Density - MARSHALL ASTM D -1559 140 ea. 7356 Maximum Density with Stability & Flow ASTM D -1559 185 ea. 7357 Bituminous Mixture Preparation CTM 304 54 ea. Task Mix Design /Control Method Price $ ea. 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 366 150 7363 Field Mix - MARSHALL Stability per point ASTM D 1559 150 Task Moisture Test Method Price $ 6325 Moisture Tests ASTM E -1907 54 ea. 6326 Moisture Retest ASTM E -1907 38 ea. CalTrans Tests Method Price $ ea. 8000 Relative Compaction " CTM 216 187 7370 Soil & Aggregate Preparation & Seive (Fine & Coarse Aggregate) " CTM 201 & 202 268 7371 Sand Equivalent" CTM 217 82 7372 Moisture Content (Oven Drying) "' CTM 226 16 7373 Grading & Specific Gravity Calculation' CTM 105 59 8001 R Value, Soils & Bases ( Stabilometer)' CTM 301 268 7374 Compressive Strength - Concrete Cylinder t CTM 521 22 7375 Air Content of Fresh Concrete (Pressure Method) t CTM 504 59 /hr. 7376 Flexural Strength of Concrete (simple beam w/ centerpoint loading) t CTM 523 80 7377 Moisture Content of Asphalt t CTM 370 54 7378 Sampling Highway Materials /Products (Roadway Structural Sections) 1 CTM 125 per hour Quote 'soil tmaterial "soil & materials 1 -055 17781 Cowan ■ Irvine, CA 92614 -6009 949.250.1421 ■ Fax 949.250.1114 ■ vonw.leiohtonconsultino.com ems/ BASIS OF CHARGES FOR MATERIALS INSPECTION AND TESTING REGULAR WORK HOURS: First ..8 hours between 6:00 a.m. and 5:00 p.m. Monday through Friday, except holidays. T urs and u to 11 unu rdays. ys. TRIP ence Day. Veterans n sglwng an the day y. SHIFT DIFFERENTIAL: MINIMUM HOURLY CHARGES – Inspectors & Technicians: CYLINDER HOLDS: OUTSIDE SERVICES: MILEAGE CHARGES: REPORT CHARGES: FILE SEARCH & REISSUE OF REPORT: REPORTING: PAYMENT TERMS: 1 pm. A. Special Inspector (Field Time Only) 1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day .................. 2 Hours 2. One -half working day or less... ........... ............. ... 4 Hours 3. Over one -half working day /or begins before noon and extends into afternoon ..........8 Hours B. General Inspector (Field Time Only) 1. One -half working day or less.......... ..... . .... . . . ............ 4 Hours 2. Over one -half working day /or begins before noon and extends into afternoon ..........8 Hours C. Technician – Field /Concrete 1. Cancellation of Inspections not canceled by 4:00 p.m, on preceding day .................. 2 Hours 2. One -half working day or less ........................................................ ..............................4 Hours 3. Over one -half working day /or begins before noon and extends into afternoon.......... 8 Hours After the 28 -day breaks meet PSI required strength, all HOLDS will automatically be disposed of, unless specified in writing prior to the 28 -day break. Outside services performed by others and direct costs expended on the client's behalf are charged at cost plus 20 %. These expenses include equipment rental, parking, subsistence, photographs, co- insurance endorsement, etc. Mileage for inspection, testing or sampling, over a 40 -mile radius from our nearest facility and less than 100 miles will be charged at $.50 per mile. (No mileage charge to and from our office). Secretarial time will be charged at $40 per hour. A maximum of 6 copies will be issued for each report. Minimum $50 will be charged for Secretarial Time. All reports contracted for by the client will be considered confidential information and submitted directly to him. We will require the authorization of the client prior to distribution to parties other than those designated in Section 1701 of the Uniform Building Code or Title 24, Part 1, California Administrative Code. Pte= a a i perynraeantation It nut paid irr,- 30 days of the invoira d f thejr will he cQRsideFed past due and char e of 1 - ° ed by I e unpal a an un I pa s ee ed in tiRVeiee�— COMPLETION: Inspector will remain on job until discharged by competent authority. CANCELLATION: No Charge if made before 4:00 p.m. of the preceding day. See Minimum Charge. PARKING: When not furnished for Inspector, parking will be charged as paid by the Inspector. SUBSISTENCE: On remote jobs, Subsistence, when not furnished for Inspector, will be charged by Quotation. INSURANCE: W nsurance regw al cost of an s ecial insurance re wired by the tion LICENSES & PERMITS: e 2 rcent. PREVAILING WAGE: wage oie vat i age and C)agifietLna,a�u row lam „r� noon r� r, i -..i •�, tha rli nt for correct pricing. 1 -05S 17781 Cowan ■ Irvine, CA 92614 -6009 949.250.1421 a Fax 949.250.1114 a vw✓w.leichtonconsultino.com City of Newport Beach NO. BA- 06BA -009 BUDGET AMENDMENT 2005 -06 AMOUNT: $s7,aoo.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Citv Hall Fuel Tank Removal. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (360 1) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7011 Facilities Account Number C5100874 City Hall Fuel Tank Removal Division Number Account Number Division Number Account Number Division Number Account Number Signed: F Signed: Signed: Approval: Administrative Amount Debit Credit $57,400.00 * $57,400.00 * Automatic City Council Approval: City Clerk Date Administrative Services Director Date wal: City Manager D to City Council Approval: City Clerk Date