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HomeMy WebLinkAboutC-5920 - PSA for Phase 1 Environmental Site Assessment for the General Services Corporation YardN v PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR U PHASE 1 ENVIRONMENTAL SITE ASSESSMENT FOR THE GENERAL SERVICES CORPORATION YARD THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of this 28th day of August, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and LEIGHTON CONSULTING, INC., a California corporation ( "Consultant'), whose address is 17781 Cowan, Irvine, California 92614 -6009, 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 desires to engage Consultant to perform the Phase 1 Environmental Site Assessment for the General Services Corporation Yard ( "Project "). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. 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 Effective Date, and shall terminate on August 31, 2015, 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 ( "Services" or "Work "). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 parry hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 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 Seven Thousand Five Hundred Dollars and 00 /100 ($7,500.00), 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. 4.2 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) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 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 Leighton Consulting, Inc. Page 2 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 5.1 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 Meredith Church 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. 5.2 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. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. City's Assistant City Manager or'designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to 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. 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. Leighton Consulting, Inc. Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and 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. 8.4 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, 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 9.1 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, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise under this Agreement 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. 9.2 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 attomeys' 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. No Leighton Consulting, Inc. Page 4 civil service status or other right of employment shall accrue to Consultant or its employees. 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 of the Work 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. 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 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 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 co- tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting Leighton Consulting, Inc. Page 5 power or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any 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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (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. Additionally, all material posted in cyberspace 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, including all logins and password information to City upon prior written request. 17.2 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. 17.3 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; Leighton Consulting, Inc. Page 6 (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 the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 17.4 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty -four inch (24 ") by thirty -six inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting ( "CADD ") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 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 expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services 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 Leighton Consulting, Inc. Page 7 activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. 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 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. 22. 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 Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 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. 24.2 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. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, 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 Leighton Consulting, Inc. Page 8 business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Stephen G. Badum, Assistant City Manager City Manager's Office City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Meredith Church Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 -6009 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 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 terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Leighton Consulting, Inc. Page 9 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than 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. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 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. 28.3 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. 28.4 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. 28.5 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. 28.6 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. 28.7 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. 28.8 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. Leighton Consulting, Inc. Page 10 28.9 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, State of California. 28.10 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, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Countemarts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Leighton Consulting, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S 9FFICE Date: 171-(1114 t� (f—, f--,1 Aaron C. Harp (AM gzIlIH City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a Californya ►�unicipal corporation Date: 9/Z /A/ � vadum City Manager CONSULTANT: Leighton Consulting, Inc., a California corpoi`iy�n Date: // III'' By: By: 41 Leilani I. Brown Kris Lutton City Clerk Senior Vice President L'1-[ l Fof,- Date: y Trance Bre nan Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Leighton Consulting, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES Leighton Consulting, Inc. Page A -1 Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY August 1, 2014 City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attention: Mr. Steve Badum Assistant City Manager Proposal No. IR14 -287 Subject: Proposal to Perform a Phase I Environmental Site Assessment (ESA) for the General Services Corporation Yard 592 Superior Avenue Newport Beach, California Leighton Consulting, Inc. (Leighton) is pleased to submit this proposal to conduct a Phase I Environmental Site Assessment (ESA) for the City of Newport Beach General Services Corporation Yard located at 592 Superior Avenue, Newport Beach, California. PROJECT UNDERSTANDING Our understanding of this project is based on information you provided to us on July 30, 2014. We understand that the site is used for municipal operations for the General Services Division. We understand that there are no site access restrictions. PROPOSED SCOPE OF PHASE 1 ESA This proposed Phase I Environmental Site Assessment (ESA) will be performed in general accordance with current ASTM "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessments Process" E 1527 -13. In addition, our services will be provided in accordance with "Standards and Practices for All Appropriate Inquiries (AAI) 40CFR Part 312." Leighton will also utilize ASTM E Phase 1 ESA Proposal City Yard Consolidation Project IR14 -287 2600 -10 Tier 1 screening as a guide to assess vapor encroachment. More specifically, the following tasks are included in our proposed scope of services: Records Review A search of selected government databases will be ordered from an environmental database provider. The report will meet government records search requirements of E 1527 -13 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process). The database listings will be reviewed within the specified minimum search distances established by E 1527 -13 and AAI. The lists will include: • Federal: NPL, CERCLIS, RCRA, IC /EC Registries, ERNS and • State and Tribal: NPL - equivalent, CERCLIS - equivalent, landfill and /or solid waste disposal sites, leaking storage tank lists, registered storage tank lists, IC /EC control registries, voluntary cleanup sites, and brownfield sites. We will review reasonably ascertainable historical sources of information that shows the subject site dating back to first developed use, or back to 1940, whichever is earlier. Reviewed resources may include one or more of the following: aerial photographs, fire insurance maps, property tax files, recorded land title records, USGS 15 and /or 7.5- minute USGS topographic maps, local street directories, building department records, zoning /land use records, and other historical sources. We will also review reasonably ascertainable available published local geologic literature to evaluate geologic setting and types of geologic formations beneath this site. Our review will include reasonably ascertainable published information for depths to groundwater, general quality of groundwater under the site, direction of ground water flow and water - bearing lithologies. If provided to us by you or others, we will also review geotechnical and environmental reports for mention of environmental conditions at this site. We will contact appropriate city, county, state and federal agencies who may have information regarding the occurrence of hazardous materials /waste at the site, including registered aboveground and underground storage tanks, landfills, contaminated sites, records of emergency release response reports, contaminated public wells. A street address for the subject property is typically required by the city and county agencies in order to review their file. Should it be found that files exist for the subject site, this proposal includes up to four hours for file reviews. If we find that extensive files exist for the subject site or files exist for adjacent properties, we may recommend that a review -2- Leighton Phase 1 ESA Proposal City Yard Consolidation Project IR14 -287 of agency files may be warranted as part of a supplemental task to this Phase I ESA for an additional fee. If provided by the client or others (free of charge), we will review a 50 -year Chain of Title document, for names of previous owners of the site and for mention of hazardous materials /waste at the site. Site Reconnaissance We will visit the site for an observational reconnaissance to look for exposed and visible indications of environmental conditions. Where safe access is available, we will view inside and outside of onsite structures. This includes observations of the current conditions of the onsite structures, roads, potable water supply, sewage disposal system, hazardous substances and petroleum products, aboveground and underground storage tanks or vent pipes, fill pipes or access ways indicating an underground storage tank, odors, pools of liquid, sumps, drums, polychlorinated biphenyls (PCBs) containing equipment, heating and /or cooling system, stains or corrosion, pits, ponds or lagoons, stained soil or pavement, stressed vegetation, solid waste, wastewater (including clarifiers), wells and dumping. The site reconnaissance will be conducted by a qualified environmental professional as defined in ASTM E 1527 -13 and AAI. Land use of immediately adjacent properties will be visually and /or physically observed and documented and conditions indicative of hazardous materials or potential hazardous materials concerns will be documented, to the extent possible. Current site conditions will be photographed. Interviews A reasonable attempt will be made to interview present and/or past owners, lessees, key site manager, occupant, and employees (if they have been identified by the client, and are available and cooperative) for additional information about past and present site usage. The name, addresses, and phone numbers of the current and past owners, and /or lessees, of the subject site needs to be provided by the client. A reasonable attempt will also be made to interview local government officials for information regarding hazardous waste disposal or other environmental issues that may exist at the site. -3- Leighton Phase 1 ESA Proposal City Yard Consolidation Project IR14 -287 A Phase I Environmental Site Assessment Owner /Site Contact Interview Form (attached) should be completed by the owner and occupant of this site and returned to us. Information provided on this form is an important part of the Phase I ESA. We will interview selected adjacent tenants (if they are available during our site reconnaissance and cooperative) for additional information about past and present site usage. Report Preparation Up to three hard copies and one electronic copy of our report summarizing our findings, conclusions, and recommendations will be prepared and submitted to you. The report will state data gaps due to a lack of or inability to obtain information on the site despite Leighton's good faith efforts. Scope Exclusions and Limitations The proposed scope does not include the following: • Subsurface exploration and /or testing of any kind, • Air, water, soil, asbestos or lead -based paint or other media sampling or analyses, • Investigation for radioactivity, radon or methane gas, • Investigation for mold, mildew or other biohazards, • Handling or disposal of hazardous materials, • Consideration of possible future contamination of the site from adjacent or surrounding facilities or properties, and /or • Responses to agency comments. An environmental site assessment cannot wholly eliminate uncertainty regarding potential for recognized environmental conditions (RECs) in connection with a property. Performance of the Phase I ESA is intended to reduce, but not eliminate, uncertainty regarding the potential for RECs in connection with a property, and this practice recognizes reasonable limits of time and cost. INFORMATION REQUIRED FROM CLIENT The current ASTM E 1527 -13 Phase I ESA standards and /or AAI require certain items to be provided by the client. Our fee is contingent upon the following: -4- Leighton Phase 1 ESA Proposal City Yard Consolidation Project IR14 -287 • Title and /or judicial record documents must be reviewed by the client for environmental liens or activity and use limitations. Alternatively, Leighton can order an environmental lien search at an additional cost and turnaround time. • Liens or activity and use limitations due to environmental conditions at the site must be declared to Leighton prior to Leighton conducting the site reconnaissance. • Specialized environmental knowledge or environmental experience on the part of the client especially with regards to environmental conditions at the site must be declared to Leighton prior to Leighton conducting the site reconnaissance. • Commonly known or reasonably ascertainable information that the client may be aware of must be declared to Leighton prior to Leighton conducting the site reconnaissance. • Special price reductions from the fair market value of the property due to environmental conditions at the site must be declared to Leighton prior to Leighton conducting the site reconnaissance. We also request you provide the following information, if available: • Owner Contact Information: Name, address and phone number of the current and past owners, and /or lessees, for this site, • Owner /Tenant Interview Form: A Phase t ESA OwnerlSite Contact Interview Form completed by the following (if available and cooperative): property owner, property manager, property tenant and /or a person with knowledge of past use of the subject site, • User Questionnaire: A Phase I ESA User Questionnaire Form completed by you (the "user" of the Phase I ESA), • Prior Reports: Previous geotechnical or environmental reports for this site, • Title: A 50 -Year Chain of Title document for each parcel this site encompasses, and • Plans: Reproducible or electronic copies of site development plan(s) and /or topographic map with property boundaries (needed prior to the start of our reconnaissance). Please note that confidential or private reports or drawings of the site cannot be reviewed by us and described in our report, unless they are provided by you. 5- Leighton Phase 1 ESA Proposal City Yard Consolidation Project IR14 -287 SCHEDULE Leighton will provide written updates on potential issues if /when discovered. Assuming we have unhindered access to the site for our reconnaissance, and we receive information requested in the prior section in a timely manner, then our Phase I ESA report will be issued within 15 to 20 business days following our receipt of written authorization to proceed. It should be noted that some regulatory agencies require up to six weeks to respond to our request for information. Therefore, information received after our report submittal, which materially changes our conclusions, will be presented to you in an addendum letter. FEES AND TERMS Proposed Fixed Fee Leighton will conduct the described tasks for a fixed fee of Seven Thousand Five Hundred Dollars ($7,500.00). If additional field or laboratory services are required, these supplemental services will be provided in accordance with Leighton's Current Professional Fee Schedule (attached). We understand that the scope and tasks for this project are not subject to neither California nor Federal prevailing wage laws. Leighton will conduct a search for Environmental Liens and Activity Use and Limitations for the subject site as described in ASTM E 1527 -13. According to the information provided, one parcel and one owner is associated with the subject site. If additional owners are found during the research of liens, or if the deed documentation has separate deed references (purchased at separate times) or if found to split, additional fees may be incurred that were not included as a part of this proposal. Terms and Conditions If our proposed scope, fee, terms and conditions are acceptable to you, please send us a contract for review and signature. -s- Leighton Phase 1 ESA Proposal City Yard Consolidation Project IR14 -287 CLOSURE We look forward to working with you on this project. If you have questions regarding our proposal or information that would update our scope of work, please call us at your convenience at 866- tE/GHTON, directly at the phone extension and /or e-mail address listed below. Respectfully submitted, LEIGHTON CONSULTING, INC. �r Meredith Church, PG Project Manager Extension 4208, mchurch @leightongroup.com MDC /Ir Attachments: 2014 Professional Fee Schedule Phase I ESA Owner /Site Contact Interview Form Phase I ESA User Questionnaire Form Distribution: (1) Addressee -7- Leighton 49 Phase I ESA Owner /Site Contact Interview Form Leighton Interviewee Name: Title: Address: Phone: Relationship to Property: Name of Property Owner: Address of Property Owner: Site Name: Property Address: Previous Street Names /Numbers: General Business Type /Present Property Use: Property Utilization during Ownership: Assessor Parcel #: Grant Total Square Footage: Total # of Buildings: Date Built: Name and Address of Past Owners (include dates of ownership): Past Property Uses (include dates): Source of Potable Water Supply (municipal /groundwater wells): Sewage Disposal (municipal /septic) (provide name of utility): Means of Heating /Cooling (gas, electric, heating oil, etc.): Fuel Source for Heating /Air Conditioning (provide name of utility): Neighboring Property Types ( commercial /!nd ustriallresidential): Current Uses of Adjoining Properties: North: South: East: West: Page I of 3 Phase I ESA Owner /Site Contact Interview Form ARE THERE NOW, OR HAVE THERE BEEN IN THE PAST, ANY OF THESE ITEMS ONSITE OR ON ADJACENT PROPERTIES: ITEM YES NO UNK ADJACENT PROPERTY Hazardous Materials Hazardous Waste MSDS Sheets Underground Storage Tanks (USTs) • Aboveground Storage Tanks (ASTs) • Vent Pipes, fill pipes, or access ways indicating a fill pipe to an underground storage area Odors Drums Electrical or hydraulic equipment known to contain Polychlorinated Biphenyls (PCBs) Stained soil or surfaces Drains Sumps Clarifier Pits, ponds, or lagoons Stressed vegetation Areas for dumping solid waste (landfill) Wastewater Wells (groundwater, oil, and /or gas) Septic Systems Fill Material (if fill material is on site, please state source of fill) Page 2 of 3 Phase I ESA Owner /Site Contact Interview Form ADDITIONAL QUESTIONS: YES NO UNK REMARKS Has the Site been used as any of the following: gas station, motor repair facility, commercial printing facility, metal plating, dry cleaners, photo developing laboratory, junkyard, or landfill, or as a waste treatment, storage, disposal, processing, or recycling facility? If so, state which type of facility. Are you aware of any Phase I or Phase II environmental site assessments, soil sampling reports, geotechnical or geologic reports, environmental compliance audit reports, environmental permits, registrations for USTs or ASTs, community right -to -know plans, environmental safety plans or reports regarding hazardous waste generation for the Site? Do you know of any notices or correspondence from any government agency relating to past or current violations of environmental laws with respect to the Site or relating to environmental liens encumbering the Site? Do you know of any pending, threatened, or past litigation or administrative proceedings relevant to hazardous substances or petroleum products in, on or from the Site? Do you know of any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products? Do you know of any environmental concerns associated with the Site? If so please state in remarks column. Do you know of any environmental concerns associated with any adjacent or nearby properties? If so please state in remarks column. Additional Comments: Preparer presents that to the best of the preparer's knowledge the above statements and facts are true and correct, and to the best of the preparer's actual knowledge no material facts have been suppressed or misstated. Signature Date ri Page 3 of 3 L , ,rrt,. Leighton Phase I ESA Users Questionnaire Project Name: Complete and Correct Address(es) of the Property and APN(s): User Company Name: User Name /Title: User Phone /Email: Interviewee Name and Relationship to Project: Site Owner: Reason Phase I is required: Type of property: Type of property transaction (e.g., Sale, purchase, exchange): Any scope of services beyond the ASTM Practice E 1527: All Parties that will rely on the Phase I report: Name and Contact Information for Site Contact: Any special terms or conditions: Any other pertinent knowledge or experience with the property (e.g., prior reports, documents, correspondence concerning the environmental conditions of the property): Page 1 of 2 Phase I ESA User Questionnaire (1). Environmental cleanup liens that are filed or recorded against the site (40 CFR 312.25). Did a search of recorded land title records (or judicial records where appropriate identify any environmental liens fled or recorded against the property under federal, tribal, state or local law? ❑ Yes I ❑ No If Yes, Describe: (2). Activity and land use limitations (AULs) that are in place on the site or that have been filed or recorded in a registry (40 CFR 312.26). Did a search of recorded land title records (or judicial records where appropriate) identify any AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the property and /or have been filed or recorded against the property under federal, tribal, state or local law? ❑ Yes ❑ No If Yes, Describe: (3). Specialized knowledge or experience of the person seeking to qualify for the Landowners Liability Protections (LLP) (40 CFR 312.28). Do you have any specialized knowledge or experience related to the property or the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? ❑ Yes I ❑ No If Yes, Describe: (4). Relationship of the purchase price to the fair market value of the property if it were not contaminated (40 DRF 312.29). Does the purchase price being paid for this property reasonably reflect the fair market value of the property? ❑ Yes ❑ No If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? ❑ Yes i ❑ No If Yes, Describe: (5). Commonly known or reasonable ascertainable information about the property (40 CFR 312.30). Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as user, (a.) Do you know the past uses of the property? ❑ Yes ❑ No (b.) Do you know of specific chemicals that are present or once were present at the property? ❑ Yes ( ❑ No (c.) Do you know of spills or other chemical releases that have taken place at the property? ❑ Yes ❑ No (d.) Do you know of any environmental cleanups that have taken place at the property? ❑ Yes ❑ No If Yes, Describe: (6). The degree of obviousness of the presence of likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation (40 CFR 312.31). Based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property? ❑ Yes I ❑ No If Yes, Describe: Signature Page 2 of 2 Date i Leica i,h_::,, EXHIBIT B SCHEDULE OF BILLING RATES Leighton Consulting, Inc. Page B -1 Leighton 2014 PROFESSIONAL FEE SCHEDULE CLASSIFICATION $IHR CLASSIFICATION $1HR Project Administrator /Word Processor 80 Deputy Grading Inspector 130 Dispatcher 80 Field /Laboratory Supervisor 130 Technician 1 85 GIS Specialist 130 Technician II / Special Inspector 90 Staff Engineer /Geologist/Scientist 130 Senior Technician / Inspector 95 Senior Staff Engineer /Geologist/Scientist 145 Information Specialist 110 Operations /Laboratory Manager 165 Prevailing Wage (Building/ construction Inspector)' 125 Project Engineer /Geologist/Scientist 165 Prevailing Wage (Field Soils Tester) • 125 Senior Project Engineer /Geologist/Scientist 190 System Operation & Maintenance Specialist 130 Associate 210 CAD Operator 115 Principal 225 Senior Principal 270 ' See Prevailing Wages in Terms and Conditions GEOTECHNICAL LABORATORY TESTING METHOD $!TEST CLASSIFICATION & INDEX PROPERTIES Photograph of sample Moisture content (ASTM D 2216) Moisture & density (ASTM D 2937) ring samples Moisture & density (ASTM D 2937) Shelby tube or cutting Atterberg limits (ASTM D 4318) 3 points: - Single point, non - plastic - Organic Soils (ASTM D 2487 1 431 6) - Visual classification as non - plastic (ASTM D 2488) Particle size -Sieve only 1'/:" to #200, (ASTM D 6913/CTM 202) - Large sieve 6" to #200 (ASTM D 6913/CTM 202) - Hydrometer only (ASTM D 422) - Sieve + hydrometer (53" sieve, ASTM D 422) - Percent passing #200 sieve, wash only (ASTM D 1140) Specific gravity -fine (passing #4, ASTM D 854 /CTM 207) Specific gravity- coarse (ASTM C 127 /CTM 206) > #4 -Total porosity - on Shelby tube sample (calculated from density & specific gravity) -Total porosity - on other sample Shrinkage limits (wax method, ASTM D 4943) Pinhole dispersion (ASTM D 4647) Dispersive characteristics of clay (double hydrometer ASTM D 4221) As- received moisture & density (chunklcarved samples) Sand Equivalent (SE - ASTM D 2419 1CTM 217) COMPACTION Standard proctor compaction, (ASTM D 69s) 4 points: -4 inch diameter mold (Methods A & B) -6 inch diameter mold (Method C) Modified proctor compaction (ASTM D 1557) 4 points -4 inch diameter mold (Methods A & B) -6 inch diameter mold (Method C) Check point (per point) Relative compaction of untreated & treated soils & aggregates (CTM 216) Relative density (o.1 ft' mold, ASTM D 4253, D 4254) 10 20 30 40 150 85 180 10 135 175 110 185 70 125 100 165 METHOD $!TEST PAVEMENT SUBGRADE TESTS California bearing ratio (ASTM D 1883) -3 point 500 -1 point 185 R -Value (CTM 301) untreated 310 R -Value (CTM 301) lime or cement treated soils 340 SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM 4972 or CTM 643) Electrical resistivity - single point - as received moisture Minimum resistivity 3 moisture content points (ASTM G 1871CTM 643) pH + minimum resistivity (CTM 643) Sulfate content - gravimetric (CTM 417 B Pan ll) Sulfate screen (Hach ®) Chloride content (AASHTO T2911CTM 422) Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643) Organic matter content (ASTM 2974) 155 SHEAR STRENGTH 126 Pocket penetrometer 210 Direct shear (ASTM D 3080, mod., 3 points) 90 - Consolidated undrained - 0.05 inch /min (CU) 250 - Consolidated drained - X0.05 inch /min (CD) 60 - Residual shear EM 1110 -2- 1906 -IXA 105 (price per each additional pass after shear) Remolding or hand trimming of specimens (3 points) Oriented or block hand trimming (per hour) 180 Single point shear 215 Torsional shear (ASTM D 64671 ASTM D 7608) 45 45 90 130 70 30 70 245 [:ii sui 285 345 50 90 65 105 820 195 45 40 130 290 2014 R1:29 PAGE 1 OF 4 www_ leig htong rou p. co m CONSOLIDATION & EXPANSION /SWELL TESTS 220 Consolidation (ASTM D 2435) 245 -Each additional time curve 65 -Each additional load /unload w/o time reading 250 Expansion index (ASTM D 4829) Swell /collapse — Method A 235 (ASTM D 4546 -A, up to 10 load /unloads w/o time curves) 45 45 90 130 70 30 70 245 [:ii sui 285 345 50 90 65 105 820 195 45 40 130 290 2014 R1:29 PAGE 1 OF 4 www_ leig htong rou p. co m METHOD Single load swell /collapse - Method B (ASTM D 4546 -B, seal, load & inundate only) TRIAXIAL TESTS Unconfined compression strength of cohesive soil (with stress /strain plot, ASTM D 2166) Unconsolidated undrained triaxial compression test on cohesive soils (USAGE O test, ASTM D 2850, per confining stress) Consolidated undrained triaxial compression test for cohesive soils, with back pressure saturation & pore water pressure measurement (ASTM D 4767, CU, USAGE R -bar test per confining stress) Consolidated drained triaxial compression test, with volume change measurement (CD, USAGE S test) Price per soil type below EM 1110 -2- 1906(X): -Sand or silty sand soils (per confining stress) -Silt or clayey sand soils (per confining stress) -Clay soils (per confining stress) -Three -stage triaxial (sand or silty sand soils) - Three -stage triaxial (silt or clayey sand soils) -Three -stage triaxial (clay soils) Remolding of test specimens $/TEST 105 135 170 375 375 500 705 655 875 1,235 65 Leighton I Fee Schedule METHOD HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible -wall permeameter with backpiessure saturation at one effective stress (EPA 9100 /ASTM D 5084, falling head Method C) -Each additional effective stress -Hand trimming of soil samples for horizontal K Remolding of test specimens Permeability of granular soils (ASTM D 2434) SOIL - CEMENT Moisture - density curve for soil-cement mixtures (ASTM D 558) Wet-dry durability of soil- cement mixtures (ASTM D 559) ' Compressive strength of molded soil- cement cylinders (ASTM D 1633) per cylinder' Soil- cement remolded specimen (for shear strength, consolidation, etc.) ' ' Compaction (ASTM D 558 maximum density) should also be performed — not included in above price CONSTRUCTION MATERIALS LABORATORY TESTING SAMPLETRANSPORT Pick -up & delivery —(weekdays, per trip, <50 mile radius from Leighton office) METHOD CONCRETE STRENGTH CHARACTERISTICS Concrete cylinders compression (ASTM C 39) (6"x 12' Compression, concrete or masonry cores (testing only) 156" diameter (ASTM C 42) Trimming concrete cores (per core) Flexural strength of concrete (simple beam with 3rd pt. loading, ASTM C 78 /CTM 523) Flexural strength of concrete (simple beam w/ center pt. loading, ASTM C 293 1CTM 523) Non - shrink grout cubes (2- inch - square, 3 cubes, ASTM C 109 1C 1107) Drying shrinkage (four readings, up to 90 days, 3 bars, ASTM C 157) ASPHALT CONCRETE (HMA) Extraction by ignition oven, percent asphalt (ASTM D 6307/CTM 382) Ignition oven correction /correlation values Extraction by centrifuge, percent asphalt (ASTM D 2172) Gradation of extracted aggregate (ASTM D 54441CTM 202) Stabilometer value (CTM 366) Bituminous mixture preparation (CTM 304) Moisture content of asphalt (CTM 370) Bulk specific gravity — molded specimen or cores (ASTM D 11881 CTM 308) Maximum density - Hveem (CTM 308) $/TEST 310 120 60 65 135 240 1,205 60 235 $ /TRIP METHOD $/TEST 85 Theoretical maximum density and specific gravity 130 of HMA (CTM 309) Thickness or height of compacted bituminous 40 $/TEST paving mixture specimens (ASTM D 3549) Rubberized asphalt (add to above rates) +25% 25 AGGREGATE PROPERTIES 40 Sieve analysis 135 -fine & coarse aggregate (ASTM C 136/ CTM 202) 20 -with finer than #200 wash (ASTM C1 17) 85 LA Rattler - smaller coarse aggregate <1.5' 200 (ASTM C 131) 85 LA Rattler - larger coarse aggregate 1 -3° 250 (ASTM C 535) 25 Durability index (CTM 229) 200 Cleanness value of coarse aggregate (CTM 227) 210 400 Unit weight of aggregate (CTM 212) 50 Soundness magnesium (ASTM C 88) 225 Soundness sodium 650 Uncompacted void content — fine aggregate 130 150 (CTM 234) Flat & elongated particles in coarse aggregate 215 quote (CTM 235) 150 Percent of crushed particles (CTM 205) 135 Organic impurities in concrete sand (CTM 213) 60 135 Specific gravity — coarse aggregate (CTM 206) 100 265 Specific gravity — fine aggregate (CTM 207) 125 80 Apparent specific gravity of fine aggregate 130 60 (CTM 208) Moisture content of aggregates by oven drying 40 55 (CTM 226) Clay lumps, friable particles (ASTM c 142) 175 200 2014 R1:29 PAGE 2 OF 4 www.leightongroup.com METHOD MASONRY Mortar cylinders (2" by 4 ", ASTM C 780) Grout prisms (3" by 6 ", ASTM C 1019) Masonry cores compression, <6" diameter (testing only, ASTM C 42) CMU compression to size 8" x 8"x 16" (3 required, ASTM C 140) CMU moisture content, absorption & unit weight (6 required, ASTM C 140) CMU linear drying shrinkage (ASTM C 426) CMU grouted prisms (compression test 58"x 8"x 16 ", ASTM E 447 C 1314) CMU grouted prisms (compression test > 8" x 8" x 16 ", ASTM E 447 C 1314) Masonry core - shear, Title 24 (test only) BRICK Compression (cost for each, 5 required, ASTM C 67) 1/4" Grab plates 1/4" Tubing (bonded) 1/4" Tubing (single) 3/8" Tubing, clear vinyl 4 -Gas meter (RKI Eagle or similar) Air flow meter and purge pump (200 cc/min) Box of 10 soil drive - sample rings Brass sample tubes Caution tape (1000 -foot roil) Combination lock or padlock Compressed air tank and regulator Concrete coring machine (6- inch -dia) Consumables (gloves, rope, soap, tape, etc.) Core sample boxes Crack monitor Cutoff saws, reciprocating, electric (saws all) Disposable bailers Disposable bladders Dissolved oxygen meter DOT 55- gallon containment drum with lid Double -ring infiltrometer Dual -stage interface probe GEM 2000 Generator, portable gasoline fueled (3,500 watts) Global Positioning System (GPS) Hand auger set HOPE safety fence (51oo feet) Horiba U -51 water quality meter In -situ level troll 500 (each) In -situ troll 9500, low flow water sampling Lockable equipment box $!TEST METHOD Leighton I Fee Schedule $/TEST SLAB -ON -GRADE MOISTURE EMISSION KIT 25 Moisture test kit 25 (excludes labor to perform test, ASTM E 1907) 40 REINFORCING STEEL 0.55 Rebar tensile test, up to No. 10 (ASTM A 370) 45 Rebar tensile test, No. 11 & over (ASTM A 370) 40 Rebar bend test, up to No. 11 (ASTM A 370) 0.55 STEEL 175 Tensile strength, :_100,000 pounds axial load 180 (ASTM A 370) 50 Prestressing wire, tension (ASTM A416) 250 Sample preparation (cutting) 70 SPRAY APPLIED FIREPROOFING 10 Unit weight (Density, ASTM E 605) 40 20 EQUIPMENT, SUPPLIES & MATERIALS $ /UNIT Submersible pump, 10 gpm, high powered 5 each Magnahelic gau 0.55 foot Manometer 0.35 foot Mileage 0.55 foot Nitrile gloves 120 day Nuclear moistur e 50 day Pachometer 25 day pH/Conductivity( 10 each Photo- Ionization 20 each Pump, Typhoon 11 each QED bladder pu 50 day Resistivity field 150 day Slip /threaded ca 35 day PVC Schedule 11 each Slope inclinomet 25 each Soil sampling T- 75 day Soil sampling trip ge and density gauge emperature meter Detector(PID) 2 or 4 stage mp w1QED control box meter & pins p (2 -inch or 4 -inch diameter) 40 er handle (Encore) od Stainless steel bailer 12 each Submersible pump, 10 gpm, high powered 10 each Grunfos 2 -inch with controller 45 day Submersible pumpAransfer pump 65 each 10 -25 gpm 125 day Survey /fence stakes 80 day Tedlar® bags 130 day Traffic cones (525) /barricades (single lane) 90 day Turbidity meter Tyvek® suit (each) 80 day Vapor sampling box 90 day Vehicle usage 40 roll VelociCalc 135 day Visqueen (20'x 100') 90 day Water level indicator (electronic well sounder) 150 day <300 feet deep well 15 day Well service truck usage 45 100 45 45 150 50 60 $ /UNIT 15 day 25 day 0.56 mile 20 pair 88 day 25 day 55 day 110 day 50 day 160 day 50 day 15 each 50 day 10 day 35 day 40 day 160 day 50 day 8 18 50 70 18 45 20 35 100 60 200 Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site each each day day each day hour day roll day day 2014 R1:29 PAGE 3 OF 4 www.leightongroup.com Leighton I Fee Schedule 2014 141:29 PAGE 4 OF 4 www.Ieightongroup.com TERMS & CONDITIONS • Expiration: For all classifications except those ■ Insurance & Limitation of Liability: These rates subject to prevailing wage, this fee schedule is are predicated on standard insurance coverage effective through December 31, 2014 after which and a limit of Leighton's liability equal to our total remaining work will be billed at then - current rates. fees for a given project. • Proposal Expiration: Proposals are valid for at ■ Invoicing: Invoices are rendered monthly, least 30 days, subject to change after 30 days; payable upon receipt in United States dollars. A unless otherwise stated in the attached proposal. service charge of 1'/- percent per month will be charged for late payment. • Prevailing Wages: Our fees for prevailing wage work are subject to change at any time based ■ Client Disclosures: Client agrees to provide all upon the project advertised date, and changes in information in Client's possession about actual or California prevailing wage laws or wage rates. possible presence of buried utilities and Prevailing wage time accrued will include portal to hazardous materials on the project site, prior to portal travel time. fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities • Overtime: Overtime for field personnel will be and /or hazardous materials. Client is also charged at 1.5 times basic hourly rates when responsible for providing safe and legal access to exceeding 8 hours up to 12 hours per 24 hour the project site for all Leighton field personnel. interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, ■ Earth Material Samples: Quoted testing unit and 3 times basic hourly rates on California rates are for soil and/or rock (earth) samples free official holidays. of hazardous materials. Additional costs will accrue beyond these standard testing unit rates ■ Expert Witness Time: Expert witness deposition for handling, testing and /or disposing of soil and testimony will be charged at 2 times hourly and/or rock containing hazardous materials. rates listed on the previous pages, with a Hazardous materials will be returned to the site or minimum charge of four hours per day. the site owner's designated representative at • Minimum Field Hourly Charges: For Field additional cost not included in listed unit rates. Technician Special Inspectors or Material Testing Standard turn - around time for geotechnical- Services: laboratory test results is 10 working days. Samples will be stored for 2 months, after which 4 hours: Cancellation of inspections not they will be discarded. Prior documented canceled by 4:00 p.m. on preceding day notification is required if samples need to be (No charge if cancellation is made stored for a longer time. A monthly storage fee of before 4:00 p.m. of the preceding work $10 per bag and $5 per sleeve or tube will be day.) applied. Quoted unit rates are only for earth 8 hours: Over 4 -hour working day, or begins materials sampled in the United States. There before noon and extends into afternoon may be additional cost for handling imported • Outside Direct Costs: Heavy equipment, samples. subcontractor fees and expenses, project - specific ■ Construction Material Samples: After all permits and /or licenses, project - specific designated 28 -day breaks for a given sample set supplemental insurance, travel, subsistence, meet specified compressive or other client - project- specific parking charges, shipping, designated strength, all "hold" cylinders or reproduction, and other reimbursable expenses specimens will be automatically disposed of, will be invoiced at cost plus 20 %, unless billed unless specified in writing prior to the 28 -day directly to and paid by client. break. All other construction materials will be disposed of after completion of testing and reporting. 2014 141:29 PAGE 4 OF 4 www.Ieightongroup.com EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of 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. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 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. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of 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 each accident. Leighton Consulting, Inc. Page CA Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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 from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence 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 and other endorsements as specified herein for each coverage. 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Leighton Consulting, Inc. Page C -2 Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's 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. Leighton Consulting, Inc. Page C -3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10/13/14 Dept. /Contact Received From: Anthony Date Completed: 10/13/14 Sent to: Anthony By: Chris Company /Person required to have certificate: Leighton Consulting, Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/14/14 to 2114/15 A. INSURANCE COMPANY: Lexington Insurance Company B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes E No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000/$2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) E Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E NIA ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA E Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 2/14/14 to 2/14/15 A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A-: VII or greater) A + +; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/1/14 to 9/1/15 A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A-: VII or greater): A + +; XV C. ADMITTED Company (Must be California Admitted): ® Yes [-]No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes [-]No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No ® Yes ❑ No Approved: 10/13/14 Agent of Alliant Insurance Services Da Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ® Yes ❑ No Reason for Risk Management approvallexception /waiver: Lexington is a Non - Admitted Carrier will need Risk Management Aooroval. 1/31/13 Approved by Sheri Anderson. Approved: Risk Management Date * Subject to the terms of the contract.