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HomeMy WebLinkAboutC-3078(D) - Geotechnical Engineering Services for Upper Castaways ParkAMENDMENT NO. 1 TO CONSULTANT AGREEMENT GEOTECHNICAL ENGINEERING SERVICES FOR UPPER CASTAWAYS PARK (BOB HENRY PARK) THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this 3 day of i , 1997, by and between the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY "), and the firm of LEIGHTON AND ASSOCIATES, INC., whose address is 17781 Cowan, Irvine, California, 92714 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITAL A. On August 28, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include the following items: a) gcotechnical observation and testing of subgrade fill for restroom- storage building slab, flatwork, walkways, and parking lot; b) consultation with CITY representatives during construction; C) preparation of a final geotechnical report at the conclusion of construction. 4 2. Compensation to be paid to CONSULTANT for such additional scope of services is $5,200.00, thereby increasing the not -to- exceed compensation amount for AGREEMENT from $5,500 to $10,700. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the day and year first written above. APPROVED S TO FORM: City Attorney ATTEST: :/ )a U c37 City Clerk 2 CITY OF NEWPORT BACH A Municipal Corporation 4`-- -- By: 0 e Public Works Director CONSULTANT : B Y Leighton and Associates Bruce R. Clark, President 0 • LEIGHTON AND ASSOCIATES, INC. Geotedmkal and Em konmental Engineedng Consukaas October 22, 1996 Proposal No. 1790649 -09 To: City of Newport Beach, Public Works Department 3300 Newport Boulevard Newport Beach, California 92659 -1768 Attention: Mr. Emmet Berkery Subject: Proposal to Provide Geotechnical Observation and Testing During Construction of Bob Henry Park, Upper Castaways, City of Newport Beach, California In accordance with your request, Leighton and Associates, Inc. is pleased to present this proposal to provide geotechnical observation and testing during construction of Bob Henry Park at the Upper Castaways site in the City of Newport Beach, California. • Scone of Work • Geotechnical observations and testing of subgrade fill for slab areas (restroom), wall footings, flatwork areas (softball/baseball), sidewalks (playpen), and parking lot (AB and AC). Consultation with the Project Team during construction. . Preparation of one final report documenting our observations and testing. Assumptions All testing is to be done on a part-time, on -call basis. Prior Contract There is an existing agreement dated August 28, 1995, for geotechnical design services for the same project, to cover our design costs up to $5,500. Since our design - related costs were less than estimated ($1,200 vs. $5,500), there are unused funds of $4,300 which can be used to offset some of the construction inspection costs. (714) 250 -1421 • (800) 253 -4567 17781 COWAN, IRVINE, CA 92614 FAX (714) 250 -1 1 14 • 0 1790649 -09 Cost Estimate For construction inspection services described under the Scope of Work, the estimated cost is $9,500. Since there are available funds of $4,300, we would need a supplemental authorization for $5,200. We propose that our fees be accumulated on a time - and - materials basis, in accordance with our 1994 Professional Fee Schedule per our original contract. This represents a discount from our 1995 Professional Fee Schedule. Current Status As of October 10, 1996, a total of $8,350 has been spent on this project which includes the $1,200 for design and $7,150 for construction inspection services. Remaining work includes inspection of AB and AC for the parking lot and the preparation of a final report for the project. We estimate $2,350 is needed for remaining services. We are looking forward to receiving your authorization for $5,200. If you have any questions regarding this report/proposal, please do not hesitate to contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. 17L�,,_. Osman Pekin, RCE 4961 Senior Project Engineer OP /jb Attachment: 1994 Professional Fee Schedule Distribution: (2) Addressee -2- u3awror,u®uroeurrx rs. • 11 ASSOCIATES, INC. Geotechnical and Environmental Engineering Consultants 1994 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES PROFESSIONAL STAFF FEES (per hour) RATS Technician . . . . . . . . . . . . . . . . . . . . S 47 Senior Technician, Field Supervisor . . .. . . . . 60 Staff Engineer /Geologist /Scientist . . . .. . . . . 68 Project Engineer /Geologist /Scientist Operations Manager . . . . . . . . . . . . . 88 Principal, Associate, Director . . . . . . . . . . . 110 Senior Principal . . . . . . . . . . . . . . . . . . 130 Information Specialist /Technical Illustrator . . . 50 Technical Assistant, Word Processor . . . . . . . . 45 Office Assistant . . . . . . . . . . . . . . . . . . 35 Overtime for field personnel will be charged at the basic rate plus $20.00 per hour. Overtime is defined as the excess above 8 hours on weekdays, time before 7 a.m. or after 5 p.m., and all Saturdays, Sundays, and holidays. Expert witness testimony will be charged at one and one half times the above rates with a minimum charge of four hours. Vehicle Usage . . . . . . . . . . . . . . $3.50 per hour Tiltmeter, Inclinometer Readout . . . . . . 25 per day Nuclear Soil Gauge . . . . . . . . . . . . . 25 per day HYDROGEOLOGY FIELD EQUIPMENT $ 8 Water Level Recorder . . . . . . . . . ... S 25 per day Water Level Sounder . . . . . . . . . . . . 25 per day PH Conductivity and Temperature Probes . . . 25 per day Hermit Data Logger . . . . . . . . . ... . 150 per day Surface Pump . . .. . . . . . . .... . . 25 per day Stainless Steel Bailer . . . . . . . . . . . 15 per day Submersible Pump . . . . . . . . . . . . . . 60 per day Portable Generator ... .. .. . . . . . . 50 per day Downhole Nuclear Gauge . . .. . . . . . . . 100 per day Other Hydrogeology Equipment . . . . . . . . Upon Request GEOPHYSICS FIELD EQUIPMENT $ 8 12- Channel Seismograph* . . . . . . . .. S 4S per day Electrical Resistivity Array . . . . . . . 130 per day Strewing Potential Array . . . . . . . . 90 per day Other Geophysical Equipment . . . .. . . Upon Request • A mobilization/demobilization fee of $220.00 will be charged for the seismograph. Specific Gravity - Coarse Aggregate . . . . . . . . . 9060 594 LABORATORY CHARGES TEST RATE Moisture Content . . . . . . . . $ 8 Moisture and Density (Ring Samples) . . . 14 Maximum Dry Density (Optimum Moisture Content) . . . 115 Maximum Density Checkpoint . . . . . . . . 48 Moisture and Density (Chunk Samples) . . . . . . . . 45 Specific Gravity - Fine Aggregate . . . . . . . . . . 50 Specific Gravity - Coarse Aggregate . . . . . . . . . 42 Sieve Analysis . . . . . . . . . . . . . . . . . 50 Hydrometer Analysis . . . . . . . . . . . . 70 Sieve and Hydrometer Analysis . . . . . . . . . . . . 100 Percent Passing No. 200 Sieve . . . . . . . . . . . . 35 Liquid Limit . . . . . . . . . . . . 44 Liquid Limit and Plastic Index . . . . . . . . . . . 83 Sand Equivalent . . . . . . . . . . . . . . . . . . . 45 Expansion Index . . . . . . . . . . . . . . . . 91 Undisturbed Expansion . . . . . . . . . . . . . 85 Direct Shear (Undisturbed) . . . . . . . . . . . . . 98 Direct Shear (Remolded) . . . . . 120 Direct Shear (Remolded or Undisturbed, Slow) . . . . 140 Consolidation (W /O Tine -Rate) . . . . . . . . . . . . 105 Collapse Test . . . . . . . . . 60 W /Time Rate, Add: (Per Increment) . . . . . . . . . . 30 W /Extra Load, Add: (Per Load) . . . . . . . . . . . . 25 R -Value (Untreated) . . . . . . . . . . . . . . . . . 165 R -Value (Treated) . . . . . . . . . . . . . . . . . . 185 CBR .......... .. . ..... 180 Sulfate Content . . . . . . . . . . . . . . . . . 37 Resistivity and pH . . . . . . . . . . . . . . . . . 69 PH. . . . . . . . . . . . . . . . . . . . . . . . . 27 Triaxial testing, residual shear tests, permeability, abrasion, and special tests will be charged at hourly rates. Materials testing fees are shown on a separate schedule. Laboratory samples will be maintained for 60 days from date of report. A storage fee will be assessed If longer storage is required by the client. INVOICES a. Invoices are rendered monthly, payable upon receipt. b. A retainer of 50% of the fee is required for projects with a total fee of $2000.00 or less. For such projects, the balance of the fee must be paid at the time the report is released to the client. C. Thirty percent of the fee for field studies will be invoiced immediately on authorization to cover equipment and mobilization costs. PROPOSAL ACCEPTANCE PERIOD Proposals are valid for 30 days, unless otherwise stated. DISCLOSURE Client agrees to provide all information in Client's possession pertinent to actual or possible presence of hazardous materials on the site, and agrees to reimburse LSA for all costs associated with the unanticipated discovery of hazardous materials. REIMBURSABLE EXPENSES Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 15%, unless bitted directly to, and paid by client. J • AMENDMENT NO. 1 TO CONSULTANT AGREEMENT GEOTECHNICAL ENGINEERING SERVICES FOR UPPER CASTAWAYS PARK (BOB HENRY PARK) THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this day of / 1997, by and between the CITY OF NEWPORT BEACH (hereinafter referred to as "CITY "), and the firm of LEIGHTON AND ASSOCIATES, INC., whose address is 17781 Cowan, Irvine, California, 92714 (hereinafter referred to as "CONSULTANT'), is made with reference to the following: RECITAL A. On August 28, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT." B. CITY and CONSULTANT mutually desire to amend AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be performed by CONSULTANT is expanded to include the following items: a) geotechnical observation and testing of subgrade fill for restroom- storage building slab, flatwork, walkways, and parking lot; b) consultation with CITY representatives during construction; C) preparation of a final geotechnical report at the conclusion of construction. 2. Compensation to be paid to CONSULTANT for such additional scope of services is $5,200.00, thereby increasing the not -to- exceed compensation amount for AGREEMENT from $5,500 to $10,700. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and continue to be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to AGREEMENT on the day and year first written above. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk 2 CITY OF NEWPORT BEACH A Municipal Corporation By: 0 ` Public Works Director CONSULTANT By: Leighton and Associates Bruce R. Clark, President LEIGHTON AND ASSOCIATES, INC. Geotedmkal and Environmental Engineering Consultants October 22, 1996 Proposal No. 1790649 -09 To: City of Newport Beach, Public Works Department 3300 Newport Boulevard Newport Beach, California 92659 -1768 Attention: Mr. Emmet Berkery Subject: Proposal to Provide Geotechnical Observation and Testing During Construction of Bob Henry Park, Upper Castaways, City of Newport Beach, California In accordance with your request, Leighton and Associates, Inc. is pleased to present this proposal to provide geotechnical observation and testing during construction of Bob Henry Park at the Upper Castaways site in the City of Newport Beach, California. • Scope of Work Geotechnical observations and testing of subgrade fill for slab areas (restroom), wall footings, flatwork areas (softballibaseball), sidewalks (playpen), and parking lot (AB and AC). Consultation with the Project Team during construction. . Preparation of one final report documenting our observations and testing. Assumptions All testing is to be done on a part-time, on -call basis. Prior Contract There is an existing agreement dated August 28, 1995, for geotechnical design services for the same project, to cover our design costs up to $5,500. Since our design- related costs were less than estimated ($1,200 vs. $5,500), there are unused funds of $4,300 which can be used to offset some of the construction inspection costs. (714) 250 -1421 • (800) 253 -4567 17781 COWAN, IRVINE, CA 92614 FAX (714) 250 -1 1 14 . i Cost Estimate • 0 1790649 -09 For construction inspection services described under the Scope of Work, the estimated cost is $9,500. Since there are available funds of $4,300, we would need a supplemental authorization for $5,200. We propose that our fees be accumulated on a time- and - materials basis, in accordance with our 1994 Professional Fee Schedule per our original contract. This represents a discount from our 1995 Professional Fee Schedule. Current Status As of October 10, 1996, a total of $8,350 has been spent on this project which includes the $1,200 for design and $7,150 for construction inspection services. Remaining work includes inspection of AB and AC for the parking lot and the preparation of a final report for the project. We estimate $2,350 is needed for remaining services. We are looking forward to receiving your authorization for $5,200. If you have any questions regarding this report/proposal, please do not hesitate to contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. Osman Pekin, RCE 4961 Senior Project Engineer OP /jb Attachment: 1994 Professional Fee Schedule Distribution: (2) Addressee -2- W LUAWMAW,Ssoc MS, XV. 0 ASSOCIATES, INC. Geotechnical and Environmental Engineering Consultants 1994 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES PROFESSIONAL STAFF FEES (per hour) RATE Technician . . . . . . . . . . . . . . . . . . . . S 47 Senior Technician, Field Supervisor . . . . . . . . 60 Staff Engineer /Geologist /Scientist . . . . . . . . . 68 Project Engineer /Geologist /Scientist Operations Manager . . . . . . . . . . . . . 88 Principal, Associate, Director . . . . . . . . . . . 110 Senior Principal . . . . . . . . . . . . . . . . . . 130 Information Specialist /Technical Illustrator . . . 50 Technical Assistant, Word Processor . . . . . . . . 45 Office Assistant . . . . . . . . . . . . . . . . . . 35 Overtime for field personnel will be charged at the basic rate plus $20.00 per hour. Overtime is defined as the excess above 8 hours on weekdays, time before 7 a.m. or after 5 p.m., and ell Saturdays, Sundays, and holidays. Expert witness testimony will be charged at one and one half times the above rates with a minimm charge of four hours. Vehicle Usage . . . . . . . . . . . . . . $3.50 per hour Tiltmeter, Inclinometer Readout . . . . . . 25 per day Nuclear Soil Gauge . . . . . . . . . . . . . 25 per day HYDROGEOLOGY FIELD EQUIPMENT Water Level Recorder . . . . . . . . . . .. S 25 per day Water Level Sounder . . . . . . . . . . . . 25 per day PH Conductivity and Temperature Probes . . . 25 per day Hermit Data Logger . . . . . . . . .. . . . 150 per day Surface Pump . . . . . . . . . . . . . . . . 25 per day Stainless Steel Bailer . . . . . . . . . . . 15 per day Submersible Pump . . . . . . . . . . . . .. 60 per day Portable Generator . . . . . . . . . . . . . 50 per day Downhole Nuclear Gauge . . . . . . . . . . . 100 per day Other Hydrogeology Equipment . . . . . . . . Upon Request GEOPHYSICS FIELD EQUIPMENT $ 8 12- Channel Seismograph* . . . . . . . .. S 45 per day Electrical Resistivity Array . . . . . . . 130 per day Streaming Potential Array . . . . . . . . 90 per day Other Geophysical Equipment . . . . . . . Upon Request • A mobilization/demobilization fee of $220.00 will be charged for the seismograph. Specific Gravity - Coarse Aggregate . . . . . . . . . 9060 594 ABORATORY CHARGES TEST RATE Moisture content . . . . . . . . . . . . . . . . . . $ 8 Moisture and Densit(Ring Samples) . . . 14 Maximum Dry Density (Optimum Moisture Content) . . . 115 Next mm Density Checkpoint . . . . . . . . 48 Moisture and Density (Chunk Samples) . . . . . . . . 45 Specific Gravity - Fine Aggregate . . . . . . . . . . 50 Specific Gravity - Coarse Aggregate . . . . . . . . . 42 Sieve Analysis . . . . . . . . . . . . . . . . . 50 Hydrometer Analysis . . . . . . . . . . . . 70 Sieve and Hydrometer Analysis . . . . . . . . . . . . 100 Percent Passing No. 200 Sieve . . . . . . . . . . . . 35 Liquid Limit . . . . . . . . . . . . 44 Liquid Limit and Plastic Index . . . . . . . . . . . 83 Sand Equivalent . . . . . . . . . . . . . . . . . . . 45 Expansion Index . . . . . . . . . . . . . . . . 91 Undisturbed Expansion . . . . . . . . . . . . . 85 Direct Shear (Undisturbed) . . . . . . . . . . . . . 98 Direct Shear (Remolded) . . . . 120 Direct Shear (Remolded or Undisturbed, Slow) . . . . 140 Consolidation (W /O Time -Rate) . . . . . . . . . . . . 105 Collapse Test . . . . . . . . . . 60 W /Time Rate, Add: (Per Increment) . . . . . . . . . . 30 W /Extra Load, Add: (Per Load) . . . . . . . . . . . . 25 R -Value (Untreated) . . . . . . . . . . . . . . . . . 165 R -Value (Treated) . . . . . . . . . . . . . . . . . . 185 CBR 180 Sulfate Content . . . . . . . . . 37 Resistivity and PH . . . . . . . . . . . . . . . . . 69 PH ......................... 27 Triaxial testing, residual shear tests, permeability, abrasion, and special tests will be charged at hourly rates. Materials testing fees are shown on a separate schedule. Laboratory samples will be maintained for 60 days from date of report. A storage fee will be assessed if longer storage is required by the client. INVOICES a. Invoices are rendered monthly, payable upon receipt. b. A retainer of 50% of the fee is required for projects with a total fee of $2000.00 or less. For such projects, the balance of the fee must be paid at the time the report is released to the client. c. Thirty percent of the fee for field studies will be invoiced immediately on authorization to cover equipment and mobilization costs. PROPOSAL ACCEPTANCE PERIOD Proposals are valid for 30 days, unless otherwise stated. DISCLOSURE Client agrees to provide all information in Client's possession pertinent to actual or possible presence of hazardous materials on the site, and agrees to reimburse L4A for all costs associated with the unanticipated discovery of hazardous materials. REIMBURSABLE EXPENSES Heavy equipment, subcontractor fees and expenses, supplemental Insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 15%, unless billed directly to, and paid by client. CONSULTANT AGREEMENT Geotechnical Engineering Services for UPPER CASTAWAYS PARK THIS AGREEMENT, entered into this day of 1995, between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter SNe- + referred to as "CITY ") and LEIGHTON AND ASSOCIATES, 17781 Cowan, Irvine, CA 92714 (hereinafter referred to as "CONSULTANT') 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 the City. B. CITY has previously conditionally approved Tentative Tract No. 15012, filed by The Irvine Company, for the subdivision of a 56.7 acre parcel of land, commonly referred to as the Upper Castaways site, which is bounded by Upper Newport Bay, Polaris Drive, Dover Drive and a bluff located approximately 400 -500 feet northerly of Coast Highway. The conditions of approval for said tentative tract required the dedication of a 4.8 acre lot at the northeasterly corner of 16th Street and Dover Drive for public park purposes, and the dedication of the most southerly 16.9 acres of Upper Castaways, including adjacent bluffs, for open space and view park purposes. On April 10, 1995, City approved a design concept for the passive park (hereinafter referred to as Concept Plan D) which requires, among other things, a modification to the existing parking lot at 16th Street and Dover Drive belonging to Newport Harbor Lutheran Church (hereinafter referred to as CHURCH). Concept Plan D also requires a modification to 16th Street easterly of Dover Drive, and a right -of -way land exchange between CITY and CHURCH. C. CITY wishes CONSULTANT to provide professional geotechnical engineering design services relative to the passive park site within Upper Castaways, and the modification to CHURCH parking lot. D. CITY and CONSULTANT now desire to enter into an agreement for civil engineering services related to the Upper Castaways passive park, and the modification to the CHURCH parking lot and 16th Street. 0 0 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TER The term of this Agreement shall commence on July 1, 1995, and shall terminate on December 31, 1996, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Letter Proposal dated June 16, 1995, attached hereto and identified as Exhibit "A ". CITY and CONSULTANT further agree no additional work shall be performed without the written approval of the Director of Public Works /City Engineer. SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $5,500 SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. 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 express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any loss, damages, liability, claims, suits, costs and expenses, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected to CONSULTANT's negligent performance, errors or omissions of services conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain at its own expense during the 2 0 term of this Agreement, policy or policies of liability insurance of the type and amounts described below and satisfactory to the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance, with the exception of professional liability and workers' compensation insurance policies, shall add as additional insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company certified to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance with carriers having a Best's rating of Class B or better: 1. Worker's compensation insurance covering all employees of the CONSULTANT, per the laws of the State of California; 2. Commercial general liability insurance covering third party liability risks, including, without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. Commercial auto liability and property insurance covering any owned and hired vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the / professional acts, errors, and omissions of the CONSULTANT in the amount of "Wmet $1,000,000. T�e P— c� A M , Ozlf Said policy or policies shall be endorsed to state that coverage shall not be canceled or reduced in coverage or limit except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. 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. 3 L�3i1� SECTION 9. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. Any use of such documents for other projects, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered 61 E personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: John Wolter, Project Manager (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Leighton and Associates 2Nc.. 17781 Cowan Irvine, CA 92714 Attention: Rosalind Munro (714) 250 -1421 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. 0 SECTION 16. AW IVER A waiver by CITY 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. SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. AS TO FORM: ATTORNEY ATTEST: .p CITY CLERK CITY OF NEWPORT BEACH, a municipal corporation BY: IANAQ CONSULTANT BY: C�&. CLJ` -- CONSULTANT Bruce R. Clark, President 7 E *H 19 IT r Geotedtnical and Environmental Engineering Consultants June 30, 1995 Revised August 2, 1995 Proposal No. P95 -001 -056 To: City of Newport Beach, Public Works Department 3300 Newport Boulevard Newport Beach, California 92659 -1768 Attention: Mr. Emmet Berkery Subject: Proposal to Provide Geotechnical Input During Design of Proposed Castaways Active and View Parks, Upper Castaways, City of Newport Beach, California In accordance with your request, Leighton and Associates, Inc. is pleased to present this proposal to provide geotechnical input during design of the proposed Castaways Active and View Parks at the Upper Castaways site in the City of Newport Beach, California. Our proposal is based on the concept plan prepared by Purkiss Rose - RSI, dated May 21, 1995. Slope stability analysis and analysis of the access road is not included in this proposal. Scope of Work We propose to perform the following geotechnical services: • Excavation of approximately three hand -dug pits to collect bulk samples for laboratory testing. • Laboratory testing of the collected samples for R -value and expansion index. • Analysis of the collected and existing data and development of geotechnical design parameters, including retaining wall design. • Consultation with the design team and preparation of one report documenting our recommendations for the design team and for submittal to the California Coastal Commission. 17781 COWAN, IRVINE, CA 92714 )714) 2504421 • (800) 253 -4567 FAX )714) 2504114 0 0 Cost Estimate P95- 001 -056 We estimate that the cost of the above scope of services will be Five Thousand Dollars ($5,000), plus $500 for an initial reproduction allowance. We propose that our fees be accumulated on a time -and- materials basis in accordance with the attached 1994 Professional Fee Schedule. If you have any questions regarding this proposal, please do not hesitate to contact the undersigned. We appreciate this opportunity to be of service. RWelr Attachment: 1994 Professional Fee Schedule Distribution: (2) Addressee Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. Rosalind Munro Principal Geologist -2- LEIGHTON AND AMCIATM INC i� ►J 1] I ASSOCIATES, INC. Geotechnical and Environmental Engineering Consultants 1994 PROFESSIONAL FEE SCHEDULE GEOTECHMICAL SERVICES PROFESSIONAL STAFF FEES (per hour) RATE Technician . . . . . . . . . . . . . . . . . . . . S 47 Senior Technician, Field Supervisor . . . . . . . . 60 Staff Engineer /Geologist /Scientist . . . . . . . . . 68 Project Engineer /Geologist /Scientist Operations Manager . . . . . . . . . . . . . 88 Principal, Associate, Director . . . . . . . . . . . 110 Senior Principal . . . . . . . . . . . . . . . . . . 130 Information Specialist /Technical Illustrator . . . 50 Technical Assistant, Nord Processor . . . . . . . . 45 Office Assistant . . . . . . . . . . . . . . . . . . 35 Overtime for field personnel will be charged at the basic rate plus $20.00 per hour. Overtime is defined as the excess above 8 hours on weekdays, time before 7 a.m. or after 5 p.m., and all Saturdays, Sundays, and holidays. Expert witness testimony will be charged at one and one half times the above rates with a minimum charge of four hours. ENGINEERING EQUIPMENT Vehicle Usage . . . . . . . . . . . . . . 53.50 per hour Tiltmeter, Inclinometer Readout . . . . . . 25 per day Nuclear Soil Gauge . . . . . . . . . . . . . 25 per day HYDROGEOLOGY FIELD EQUIPMENT Water Level Recorder . . . . . . . . . . . . S 25 per day Water Level Sounder . . . . . . . . . . . . 25 per day PH Conductivity and Temperature Probes . . . 25 per day Hermit Data Logger . . . . . . . . . . . . . 150 per day Surface Pump . . . . . . . . . . . . . .. . 25 per day Stainless Steel Bailer . . . .. . . . . .. 15 per day Submersible Pulp . . . . . . . . ... . . . 60 per day Portable Generator .. . . . . . . .... . 50 per day Downhole Nuclear Gauge . . . . . . . ... . 100 per day Other Hydrogeology Equipment . . . . . . . . Upon Request GEOPHYSICS FIELD EQUIPMENT RATE 12- Charnel Seismograph* . . . . . . . . . S 45 per day Electrical Resistivity Array . . . . . . . 130 per day Streaming Potential Array . . . . . . . . 90 per day Other Geophysical Equipment . . . . . . . Upon Request A mobilization/demobilization fee of $220.00 will be charged for the seismograph. Specific Gravity - Fine Aggregate . . . . . . . . . . 9060 594 LABORATORY CHARGES TEST RATE Moisture Content . . . . . . . . S 8 Moisture and Density (Ring Samples) . . . 14 Maximum Dry Density (Optimum Moisture Content) . . . 115 Maximum Density Checkpoint . . . . . . . . 48 Moisture and Density (Chunk Samples) . . . . . . . . 45 Specific Gravity - Fine Aggregate . . . . . . . . . . 50 Specific Gravity - Coarse Aggregate . . . . . . . . . 42 Sieve Analysis . . . . . . . . . . . . . . . . . 50 Hydrometer Analysis . . . . . . . . . . . . 70 Sieve and Hydrometer Analysis . . . . . . . . . . . . 100 Percent Passing No. 200 Sieve . . . . . . . . . . . . 35 Liquid Limit . . . . . . . . . . . . 44 Liquid Limit and Plastic Index . . . . . . . . . . . 83 Sand Equivalent . . . . . . . . . . . . . . . . . . . 45 Expansion Index . . . . . . . . . . . . . . . . 91 Undisturbed Expansion . . . . . . . . . . . . . 85 Direct Shear (Undisturbed) . . . . . . . . . . . . . 98 Direct Shear (Remolded) . . . . 120 Direct Shear (Remolded or Undisturbed, Slow) . . . . 140 Consolidation (W /O Time -Rate) . . . . . . . . . . . . 105 Collapse Test . . . . . . . . . 60 W /Time Rate, Add: (Per Increment) . . . . . . . . . . 30 4 /Extra Load, Add: (Per Load) . . . . . . . . . . . . 25 R -Value (Untreated) . . . . . . . . . . . . . . . . . 165 R -Value (Treated) . . . . . . . . . . . . . .. . . . 185 CBR ............. 180 Sulfate Content . . . . . . . . . . . . . . . . . 37 Resistivity and pH . . . . . . . . . . . . . . . . . 69 PH......................... 27 Triaxial testing, residual shear tests, permeability, abrasion, and special tests will be charged at hourly rates. Materials testing fees are shown on a separate schedule. Laboratory samples will be maintained for 60 days from date of report. A storage fee will be assessed if longer storage is required by the client. INVOICES a. Invoices are rendered monthly, payable upon receipt. b. A retainer of 50% of the fee is required for projects with a total fee of 82000.00 or less. For such projects, the balance of the fee must be paid at the time the report is released to the client. c. Thirty percent of the fee for field studies will be invoiced immediately on authorization to cover equipment and mobilization costs. PROPOSAL ACCEPTANCE PERIOD Proposals are valid for 30 days, unless otherwise stated DISCLOSURE Client agrees to provide all information in Client's possession pertinent to actual or possible presence of hazardous materials on the site, and agrees to reimburse L8A for all costs associated with the unanticipated discovery of hazardous materials. REIMBURSABLE EXPENSES Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 15%, unless billed directly to, and paid by client.