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.