HomeMy WebLinkAboutC-5920 - PSA for Phase 1 Environmental Site Assessment for the General Services Corporation YardN
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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]
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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
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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.