HomeMy WebLinkAboutC-3808 - City Hall Fuel Tank Removal - PSAPROFESSIONAL SERVICES AGREEMENT WITH
LEIGHTON CONSULTING, INC.,
FOR UNDERGROUND STORAGE TANK REMOVAL
AND SOIL AND GROUNDWATER SAMPLING
THIS AGREEMENT is made and entered into as of this q�k day of August, 2005, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
LEIGHTON CONSULTING, INC., a California corporation whose address is 17781
Cowan, Irvine, California, 92614 -6009 ( "Consultant'), and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to remove a 12,000 - gallon underground gasoline storage tank
(UST) located in the southeast corner of the City Hall property, located at 3300
Newport Boulevard in the City of Newport Beach.
C. City desires to engage Consultant: (1) to obtain all governmental permits,
whether federal, state, county, or municipal, that are necessary to remove and
dispose of the UST; (2) to perform the removal of the UST as well as the removal
of an adjacent gasoline dispenser island and associated piping; (3) to collect soil
samples and deliver them to a State of California certified laboratory to be
analyzed; (4) to backfill the excavation and pave the area with asphalt, provided
that no hazardous materials have been found; and (5) to collect and analyze two
groundwater samples (hereinafter referred to as the `Project').
D. In performing the Project, Consultant agrees to comply with all permit conditions,
laws and regulations, whether federal, state, county or municipal, that relate to,
pertain to or regulate the removal, handling or disposal of USTs.
E. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
F. The principal member of Consultant for purposes of Project, shall be Charles R.
Mazowiecki, P.E., Senior Project Engineer.
G. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
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1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2005, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay..The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a lump sum basis after completion
of all work in accordance with the provisions of this Section and the Scope of
Work attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items, subconsulting fees, permitting fees
and disposal costs, shall not exceed Fifty -Seven Thousand, Four Hundred
Dollars and no1100 ($57,400.00) without additional authorization from City. No
compensation changes shall be made during the term of this Agreement without
the prior written approval of City.
4.1 Consultant shall be responsible for obtaining all necessary permits for
performing the work outlined in the Scope of Work, and shall pay the cost
of any and all permit fees charged by any public entity, including any
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federal, state, county or local agency. City shall not be responsible for
reimbursing Consultant for any permit fees in connection with this Project.
However, City agrees to waive the fee for any permit required by the City
of Newport Beach for this Project.
4.2 Consultant shall be responsible for arranging for the offsite transportation
and disposal of the UST and the associated piping, and shall pay for all
costs associated with such transportation and disposal, including any
landfill or dumping fees or costs.
4.3 Upon conclusion of the Project, Consultant shall submit an invoice to City
describing the work performed. Consultant's bill shall include a
description of the services performed and /or the specific task in the Scope
of Services to which it relates, the date the services were performed, and
a description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the invoice by City staff.
4.4 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City, in writing. Unless otherwise approved, such costs shall
be limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4Z Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Fee Schedule
as set forth in Exhibit B.
PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Charles R.
Mazowiecki, P.E.; to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to the Project without the prior written consent of
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City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Roger
Torriero of Griffin Structures, Inc., shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project
Administrator or his /her authorized representative shall represent City in all
matters pertaining to the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
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Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily, injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City: The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
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exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities. performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Stanature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
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Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage, or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
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otherwise required by law. Except as specifically authorized herein, the services
to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of
City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or. duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be - submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
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20. OPINION OF COST
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Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under.this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and.
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law; from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with. respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums.. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional' design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
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25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and '(2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Roger Torriero
c/o Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -412 -9000
Fax: 949 -497 -8883
All notices, demands, requests or approvals from .CITY to Consultant shall be
addressed to Consultant at:
Attention: Charles R. Mazowiecki, P.E.
Leighton Consulting, Inc.
17781 Cowan
Irvine, CA 92614 -6009
Phone: 949- 253 -9836
Fax: 949 - 250 -1114
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all laws, statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City including, but not limited
to, all permit conditions, laws and regulations, whether federal, state, county or
municipal, that relate to, pertain to or regulate the removal, handling or disposal
of USTs.
30. WAIVER
A waiver . by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
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32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it. and any .action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
[SIGNATURES ON FOLLOWING PAGE]
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APPROVED AS TO FORM:
By., A 6"'-- ( - q 6��
Aaron C. Harp
Assistant City Attorney
ATTEST:
By VYL" M. 9 a R- iLlLa�7
LaVonne M. Harkless
City Clerk !l�-
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
ohn Heffernan, Mayor
ity f Newport Beach
LEIGHTON CONSULTINCr7 INC.:
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Print Namd--E2nt dam. � 1 ���Q rr
Attachments: Exhibit A — Scope of Services
Exhibit B - Professional Fee Schedule
f: users \CATlsharedlDonnaBig1Leighton - Underground Storage Tank.com
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Leighton Consulting, Inc.
A LEIGHTON GROUP COMPANY
July 28, 2005
To: City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Attention: Mr. Steve Badum, Director of Public Works
Exhibit A
Proposal No. P601 -00172
Subject: Revised Proposal to Remove One Underground Storage Tank and Conduct
Groundwater Monitoring and Sampling at 3300 Newport Boulevard, Newport
Beach, California
Introduction
In response to your request, Leighton Consulting, Inc. is pleased to present this revised proposal to
remove the 12,000 gallon underground gasoline storage tank (UST), dispenser island, and
associated piping located in the southeast corner of the property at 3300 Newport Boulevard,
Newport Beach, California. Also included in this proposal is the collection and analysis of two
groundwater samples. This proposal is based on the information contained in the "Phase I
Environmental Site Assessment Report, 3300 Newport Boulevard and 475 32nd Street, Newport
Beach, Orange County, California" prepared by Leighton Consulting (Phase I ESA). The revisions
include restoration of the paving in the excavated area to the City's specifications and one
groundwater monitoring event.
17781 Cowan ■ Irvine, CA 92614 -6009
949- 253 -9836 ■ Fax 949 - 250 -1114 ■ www.leightonconsulting.com
• • P601 -00172
The scope of services for this project is summarized below.
Assumptions for UST Removal
The fee for the permit to be obtained from the City of Newport Beach Building Department
will be waived for this work.
Water is available onsite or within 100 feet of the site.
There are no utilities or underground structures present within the limits of work that will
interfere with the project.
The UST is double -wall fiberglass of 12,000 gallons nominal capacity.
The UST is empty.
The maximum depth of excavation is 12 feet below grade.
Shoring is not required.
Existing tank is anchored to a concrete slab or deadmen. Straps can be cut and concrete left
in place.
No more than 6 soil samples will be analyzed.
Overburden removed from the excavation is suitable for use as backfill material.
Offsite transportation and/or disposal of contaminated soil is not included.
A maximum of 1355 tons of imported rock for backfill will be required.
Permits
Permits will be obtained from the City of Newport Beach Building Department an& the Orange
County Health Care Agencya,,, ( all ob&,%c /o, 0P'ccabtst.crvice%Fe.yr�9e'"%
UST Removal
Underground Services Alert will be notified to verify that there are no utilities or subsurface
structures present that could interfere with the work. Any active utilities will be turned off and
disconnected.
Prior to removal, the UST will be triple- rinsed and evacuated of rinseate, degassed and
monitored for the presence of volatile vapors. The existing asphalt pavement will be sawcut at
the limits of the excavation and the pavement over the area to be excavated will be removed and
-2-
Leighton
• • P601 -00172
stockpiled for disposal. The UST and associated piping will be uncovered, removed, and with
the approval of the Orange County Health Care Agency (OCHCA), placed on trucks, and
transported to an appropriate disposal facility.
Soil samples will be collected from the excavation walls as directed by the OCHCA. Soil
samples will be delivered to a State of California certified laboratory to be analyzed for Total
Petroleum Hydrocarbons (TPH) in accordance with EPA Method 8015 (Modified) and benzene,
toluene, ethylbenzene, total xylenes and oxygenates in accordance with EPA Method 8260B.
After the UST has been removed, clean rock will be delivered to the site and used as backfill
material from the bottom of the excavation to the groundwater surface elevation. The overburden
will be used to backfill the excavation to subgrade with a minimum of 90 percent relative
compaction. A compaction report signed by a State of Califonnia qualified registered professional
will be issued at the completion of backfilling.
After compaction of the backfill is completed, a 6 -inch course of compacted Class 2 Base will be
placed over the surface of the backfill material. The area will be paved with 4 inches of hot mix
asphalt, flush with the adjoining surfaces.
Prior to demobilization, all debris generated during construction will be removed from the site
for proper disposal, and the site will be swept clean.
We estimate it will take 7 days to complete the tank removal, backfill, and restoration activities.
Groundwater Monitoring
Included in this proposal is one round of ground water sampling from the existing monitoring
wells. In the Phase I ESA, Leighton Consulting recommended that groundwater samples be
collected and analyzed to verify that methyl tertiary butyl ether (MTBE) and other oxygenates
have not impacted groundwater. Three monitoring wells exist on site but one has been covered
with pavement.
Leighton Consulting will collect one groundwater sample from each of the two accessible wells
(two samples total). Groundwater samples will be delivered to a State of California certified
laboratory to be analyzed for oxygenates, including MTBE in accordance with EPA Method
8260B. Leighton Consulting will submit a report discussing the analytical results.
49
3-
Leighton
•
Project Management
• P601 -00172
Included in this proposal is time for a representative from Leighton Consulting to attend
meetings of the Newport Beach City Council.
Fee Estimate
We estimate the fee for these services will be Fifty -Seven Thousand Four Hundred Dollars
($57,400.00). Our services will be supplies on a lump sum basis, based on the assumptions
provided herein. If this proposal meets with your approval, please forward a contract to our
office for review.
If at any time, conditions are encountered which are different from those anticipated, or that
additional services are required, we will contact you before providing these additional services.
Additional services will not be provided util we have received written authorization from you to
proceed. All services will be provided in accordance with the attached 2005 Prevailing Wage
Fee Schedule.
We look forward to continue working with the City of Newport Beach on the subject project. If
you have any questions, please do not hesitate to call the undersigned at 949 - 252 -9836 Ext. 216.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
Charles R. Mazowiecki, P.E.
Senior Project Engineer
Distribution: (2) Addressee
(1) City of Newport Beach, Attention: Ms. Jessica Etezady
(1) Griffin Structures, Attention: Mr. Roger Torriero
(1) Griffin Structures, Attention: Mr. Steve Mickel
Attachment: 2005 Prevailing Wage Fee Schedule
4-
Leighton
Exhibit B
Leighton Consulting, Inc.
A LEkGHMX GROUP COMPANY
2005 PROFESSIONAL FEE SCHEDULE*
PROFESSIONAL SERVICES
TECHNICAL STAFF
Technician1 ..................................................................................................................................................
.............................70
Technician11 .................................................................................................................................................
.............................80
SeniorTechnician ........................................................................................................................................
.............................90
Staff Engineer /Geologist/Scientist/Field Supervisor /Materials Inspection Manager ..... ...............................
............................105
OperationsManager .................................................................................................... ...............................
............................115
Senior Staff Engineer /Geologist/Scientist .................................................................... ...............................
............................120
Project Engineer /Geologist/Scientist/Registered Civil/Materials .................................. ...............................
............................135
Senior Project Engineer/ Geologist/Scientist ................................................................ ...............................
............................150
Associate..................................................................................................................... ...............................
............................170
Principal....................................................................................................................... ...............................
............................185
SeniorPrincipal ............ ............................... • ............................................................ ...............................
............................225
TECHNICAL SUPPORT STAFF
Administrative Assistant/Word Processor .................................................................................................... .............................65
CAD Operator technical IllustratoNGIS Specialist ....................................................................................... .............................90
ENGINEERING EQUIPMENT
VehicleUsage ............................................................................................................................
............................... $ 9 per hour
Tiltmeter, Inclinometer Units ...........................................................................
............................... ............................150 per day
NuclearSoil Gauge ................................................................ ...............................
................... ............................... 8 per hour
GPSStation ......... ............................... . ..................................................
............................... ............................150 per day
OtherEquipment .............................. ...............................................................................
............................... Upon Request
OTHER TERMS AND CONDITIONS
• Expert witness testimony will be charged at 2.0 times the above rates, with a minimum charge of four hours per day.
• Proposals are valid for 30 days, unless otherwise stated.
• Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable
expenses will be invoiced at cost plus 20 %, unless billed directly to, and paid by client.
• A retainer of 50% of the fees may be required for projects with a total fee of $5,6110 or less, with the balance to be paid at the time the
report is released to the client.
�TA,�� f..i fh f f fOiw StlJd� =�-- _�.. �..._ _ .i ..._�•,.__.
• Client agrees to provide all information in Client's possession about the actual or possible presence of buried utilities and hazardous
materials on the site, and agrees to reimburse Leighton for all costs related to their unanticipated discovery.
• �d" ontr t
• Minimum Hourly Charges for Field Technicians:
1. Monday- Friday ......................................................................... ..............................2 Hour Minimum
2. Saturday and Sunday ............................................................... ..............................4 Hour Minimum
• Effective through December 31, 2005, after which remaining work will be billed at then - current rates.
9060 302 (Continued on Reverse
1 -O5S
17781 Cowan ■ Irvine, CA 92614 -8609
949.250.1421 ■ Fax 949.259.1114 ■ www1eightonconsulfing.com
•
•
-TEST
$
TEST
$
Identification & Index Properties
Static Uniaxiai & Triaxial Strength Tests
Moisture Content
15
Unconfined Compression (with sressrstrain plot)
85
Moisture and Density (Ring Samples)
25
UU Test - Unconsolidated/Undrained (pershess)
160
Moisture Content & Density (Shelby /cutting)
60
Consolidated Undrained (CU,R) (perstress)
330
Afterberg Limits (3 points)
115
Consolidated Drained (CD,S) with Volume Change
Single PoinHNonplastic
80
Sandy -silty sand soils (perconrrningstress)
355
Visual classification of point as nonplastic
10
Silt- clayey and soil (perconrxdng stress)
495
Particle Size: Sieve (%' to 4200)
70
Clay soils (per comining stress)
700
Sieve (3" to - #200)
105
Three Stage Triaxial Tests Above $ + 75%
Hydrometer only
105
Sieve & Hydrometer
150
Consolidation & Swell Tests
Dispersive Characteristics of Clay Soil (DoubreHydrometer)
e5
Consolidation (w/o time rate)
185
Specific Gravity: Fine (passing #4)
85
Each Time Reading & Cure per Increment
45
Coarse (retained on #4)
so
Each additional loadlunload w/o Time Reading
40
Total Porosity - On Shelby tube sample - calc.
130
Expansion Index
125
Total Porosity - On other sample
100
Swell /Collapse Test (A) to loadlunloads wro time curves
275
Photograph of sample
10
Single Load Swell/Collapse Test (B) Seat, load, and inundate
100
Shrinkage Limits (Wax Method)
120
Swell /Collapse Test (C)
365
Pinhole Dispersion
190
Collapse Potential of Soils
235
Sand Equivalent
85
Percent Passing #200 Sieve
55
Hydraulic Tests
Permeability (Hydraulic Conductivity)
Soil Chemistry
- Undisturbed Tube Sample
185
pH
40
- Remolded Sample
225
Electrical Resistivity - single point - insitu moisture
40
Triaxial Permeability (at One Effective Stress)
280
Minimum Resistivity (minimum of 3 points)
85
- Each Additional Effective Stress
115
pH & Minimum Resistivity
125
- Hand Trimming for Horizontal K
55
Sulfate Content - Gravimetric
65
- Daily charge for Long Term Tests (> 7 days)
45
Sulfate Screen
30
Compatibility Tests in Flex -Wall Permeameter: naserne
310
Permeability, Sample Prep., etc.
Chloride Content
65
Set -up for Leachate or Permeant Injection
100
Corrosion Suite: pH, chloride, Minimum Resistivity &
210
Daily Equipment Usage Rate (aderieachate injection)
45
Sulfate (gravimetrk)
Organic Matter Content
60
Remolding of Test Specimens
55
Air Permeability (inc. Moisture & Density)
95
Shear Strength
Air Permeability (Modified for Soils)
165
Pocket Penetrometer
15
Capillary- Moisture Relationships (urcludes dupicate)
375
Torane
15
" " (wdhoutdupscate)
270
Single Point Shear
90
Direct Shear (3 points) Consolidated Undrained - 0.05 inAmin.
220
Other
Direct Shear (3 points) Consolidated Undrained
465
Concrete Compression
20
Remolding or Hand Trimming of specimens (3 points)
70
CAL TRANS 216 - Relative Compaction
195
Residual Shear - price per pass per point after shear
55
Torsional Shear
590
Compaction & Bearing Capacity
Samples will be stored for 3 months. Prior notification is required if
R -Value — Untreated or Treated
250
samples need to be stored for a longer period of time. A monthly storage
R -Value — Lime Treated
255
fee of $31bag and $1 /sleeve will be applied.
Standard Proctor Compaction - 4 points
4 inch mold
165
Prices shown above are based on the assumption that all soil samples are
6 inch mold
195
°clean" and that turnaround time of results is standard (1 to 2 weeks). For
Modified Proctor Compaction (Max Density) - 4 points
contaminated soil (Level D), please add a 10% surcharge. Extremely
hazardous samples (Level C) will require a 15% surcharge. Level C & D soil
4 inch mold
175
samples will be returned to the site or property owner.
6 inch mold
205
Check Point
75
Relative Density (0.1 cubic foot mold)
225
California Bearing Ratio (CBR) - 3 point
530
-1 point'
175
1 -05S
17781 Cowan ■ Irvine, CA 92614MM
949.250.1421 ■ Fax 949.250.1114 ■ www.leightonconsulting.com
Le peon Consulting, lnr..
a 12lvs,tCN (tIJfIP OOprw NT
MATERIALS TESTING & INSPECTION SCHEDULE OF SERVICES
Task
Professional Services
Price $ / hour
7104
Reports — Test Results
10
7105
Review of Files for Final Letter of Affidavit (min. 2 hours)
115
7106
Expert Witness, Consultation and Court Appearances (min. 4 hours)
200
7107
Submittal Review for Compliance with Project Plans and Specifications
100
7108
Structural Observation designated by the Architect or Engineer of Record (Seismic Zones 3 & 4)
200
Task
Inspection Services
Price $ / hour
6150
Relocatabie Building In -Plant Inspections, Title 24
85
6151
DSA Project Inspector (IOR) — Class 1
90
6152
DSA Project
Inspector (IOR) — Class II
85
6153
DSA Project
Inspector (IOR) — Class III
80
6154
DSA Project Inspector (IOR) — Class IV
75
6200
Special Inspection Concrete ICBO
59
6201
Special Inspection Post - Tension Concrete ICBO
59
6202
Special Inspection Structural SteeI Velding & Bolting ICBO
59
6203
Special Inspection Welding AWS /CWI
67
6204
Special Inspection Masonry ICBO
59
6205
Special Inspection Masonry DSA
67
6206
Special Inspection Roofing
59
6207
Special Inspection Asphalt
59
6208
Special Inspection Fireproofing ICBO
59
6209
Electrical Inspection
59
6210
Mechanical Inspection
59
6211
Special Inspection Shotcrete ICBO
59
6212
Special Inspection Shotcrete DSA
67
6213
Special Inspection Epoxy Injection & Anchors
59
6214
Batch Plant Inspection Concrete
59
6215
Batch Plant Inspection Asphalt
59
6216
Building Inspection ICBO
59
6217
Fabrication Inspection (Local) AWS /CWI
67
6218
Fabrication Inspection (Outside Local Area)
Quote
Task
Technician Services
Price $1 hour
6230
Technician - Materials- Field/Concrete
59
6231
Technician -Soil (Compaction Tests Only)
Quote
6232
Coring and Sizing (in house)
59
7120
Laboratory Technician
59
6233
Pachometer Inspection - Technician
59
6234
Schmidt Hammer Inspection -Technician
59
6235
Moisture Testing - Technician
59
6236
Grounding Rod Soil Resistance Test - Technician
250 ea.
6237
Pull -out Test on Embedded Bolts, Anchors and Dowels
59
6238
Earth Anchor Hold Down Test (4 Hour, Full Load Application with 5 minimum)
155 ea.
6239
Earth Anchor Hold Down Test (Prelude / Short Term, w /Full Load)
18 ea.
6240
Caring Concrete, Masonry or Asphalt In Field
85
6241
Sawing Concrete, Masonry or Asphalt in Field
95
6242
Pick -up and Delivery - Standard
60/trip
6243
Technician Travel Time ( >40mi. radius of Irvine lab)
60/hr.
1-055
17781 Cowan ■ Irvine, CA 926146009
949.250.1421 is Fax 949.250.1114 is www.loiahtonconsuftina.com
Leighton Consulting_ Inc.
Task
Non- Destructive Testing (NDT)
Price $ / hour
6260
Ultrasonic Inspection
80
6261
Dye Penetrant Inspection
80
6262
Magnetic Particle inspection
80
6263
Radiographic Testing
Quote/hour
6264
Travel Charge
Quote/hour or mile
6265
Truck Charge
Quote /day
6266
Film
Quote/film
Task
Equipment Charges
Price $1 day
6300
Skidmore - Wilhelm Bolt Cell
40
6301
Torque Wrench
15
6302
Air Meter
20
6303
Pachometer
50
6304
Schmidt Hammer
30
6305
Nuclear Density Gauge
75
6306
Vibrating Probe (Concrete)
40
6307
Generator
50
Task
Concrete Strength Characteristics
Method
Price $ ea.
7200
Concrete Cylinders (6 "x 12 ") - Compression
ASTM C -39
22
7201
Gunite /Shotcrete Cores (Lab Coring & Testing Only)
ASTM C -42
50
7202
Lightweight Fill Concrete (3 "x6 ')
ASTM C-495
32
7203
Compression, Concrete or Masonry Cores (Testing Only) Max. Diameter e'
ASTM C-42
32
7204
Splitting Tensile
ASTM C-496
38
7205
Flexural Strength of Concrete (Simple Beam with P pt. Loading)
ASTM C -78
55
7206
Mix Design, Determination of Proportions
130
7207
Mix Design, Review of Existing
120
7208
Laboratory Trial Batch with Slump, Unit Weight & Air Content
ASTM C -192
360
7209
6 °x 12" Cylinder, Make and Test (Lab Trial Batch)
ASTM C -192
22
7210
3 "x 6' Grout Prisms, Make and Test (Lab Trial Batch)
ASTM C -192
18
7211
6 "x 6" Flexural Beams, Make and Test (Lab Trial Batch)
ASTM C -192
32
7212
Per Sample Pick -up within 40 -miles of Irvine Lab
10
7213
Cylinder Molds, 6 "x 12', 2 "x 4" (Not Used With Testing)
3
7214
Unit Weight of Hardened Light weight Concrete
ASTM C -567
32
7215
Rapid Cure Concrete Cylinders (Boil Method)
ASTM C -684
32
7216
Drying Shrinkage (Four Readings, up to 90 days, 3 bars)
ASTM C -157
220
7217
Modulus of Elasticity/Poisson's Ratio
ASTM C-469
260
7218
Petrographic Analysis of Hardened Concrete
ASTM C -856
1300
7219
Cement Content Analysis of Hardened Concrete
ASTM C 1084
820
Task
Aggregate Properties
Method
Price $ ea.
7240
Sieve Analysis of Fine and Coarse Aggregate
ASTM C -136
95
7241
Sieve Analysis -Finer than #200 (Wash)
ASTM C -117
65
7242
LA Rattler - Smaller Coarse Aggregate < 1 %"
ASTM C -131
155
7243
LA Rattler- Larger Coarse Aggregate > %"
ASTM C -535
180
7244
Soundness
ASTM C-88
205
7245
Organic Impurities
ASTM C-40
55
7246
Clay Lumps, Friable Particles
ASTM C -142
115
7247
Durability Index
CTM 229
115
7248
Cleanness Value of Coarse Aggregate
CTM 227
80
1 -05S
17781 Cowan ■ Irvine, CA 92614009
949.250.1421 ■ Fax 949250.1114 ■ wmu.leiahtonconsultino.can
Leighton Consulting, inc_
A 4i,tx ri'M LKt.i�n �3Nat.Y,
Task
Masonry
Method
Price $ ea.
7260
Mortar Cylinders (2 "x4 ")
ASTM C -780
22
7261
Mortar Cubes (2 "x 2")
ASTM C -109
22
7262
Grout Prisms (3 "x6 ")
ASTM C -1019
22
7263
Compression, Concrete or Masonry Cores, Max. Diameter 6" (Testing Only)
ASTM C-42
32
7264
CMU Compression (3 required) to size 8 "x 8 "x 16"
ASTM C -140
43
7265
CMU Compression (3 required) greater than 8 "x 8 "x 16"
ASTM C -140
48
7266
CMU Moisture Content, Absorption & Unit Weight (6 required)
ASTM C -140
80
7267
Masonry Efflorescence (5 required)
ASTM C-67
48
7268
CMU Linear Drying Shrinkage
ASTM C-426
90
7269
CMU Grouted Prisms (Compression Test to 8 "x 8 "x 16")
ASTM E-447
145
7280
CMU Grouted Prisms (Compression Test larger than 8 "x 8"x16")
ASTM E-447
175
7281
Masonry Core -Shear Title 24 (Test Only)
60
Task
Brick
Method
Price $ ea.
7290
Compression (5 required)
ASTM C-67
38
7291
Modulus of Rupture (5 required)
ASTM C -67
38
7292
Absorption, Soak (5 required)
ASTM C -67
27
7293
Absorption, Boil (5 required)
ASTM C-67
27
7294
Absorption, Saturation Coefficient (5 required)
ASTM C-67
43
7295
Initial Rate of Absorption (5 required)
ASTM C-67
38
7296
Efflorescence (5 required)
ASTM C-67
45
7297
Efflorescence with Mortar (5 required)
ASTM C-67
60
Task
Steel Reinforcement
.Method
Price $ ea.
7300
Tensile Test, Up to No. 10
ASTM A -370
38
7301
Tensile Test, No. 11 and over
ASTM A -370
48
7302
Bend Test, Up to No. 8
ASTM A -370
32
7303
Bend Test, No. 9 and over
ASTM A -370
48
7304
Processing Mill Certificates (per size and heat)
16
Task
Structural Steel
Method
Price $ ea.
7310
Tensile Strength, Up to 100,OOOlbs
ASTM A -370
38
7311
Tensile Strength, 100,000 to 200,OOOlbs
ASTM A -370
48
7312
Bend Test
ASTM A370
27
7313
Pipe Flattening Test
ASTM A370
Quote
7314
Machining and Preparation of Samples
ASTM A -370
48
7315
Brinell & Rockwell Hardness Test
ASTM A -370
32
7316
Chemical Analysis, Carbon and Low Alloy Steel
Quote
7317
Processing Mill Certificates (per size and heat)
16
Task
Prestress
Method
Price $ ea.
7320
Prestress Wire
ASTM A-416
150
7321
Sample Preparation
48
7322
Prestress Cable, 7 Wire (Breaking Strength/Modulus of Elasticity)
ASTM A-416
160
Task
Weld Procedure and Welder Qualifications
Price $
6320
Welder Certification/Weld Procedure Review (AWS /CWI)
7330
Weld Tensile Test
38 ea.
7331
Weld Bend Test
27 ea.
7332
Weld -Macro Etch
43 ea.
7333
Bolt Tensile Test
48 ea.
Task
Fireproofing
Method
Price $
7340
Unit Weight (Density)
UBC Std. 7 -6
43 ea.
7341
Cohesion /Adhesion
UBC Std. 7-6
59/hr.
1 -055
17781 Cowan ■ Irvine, CA 92614-M
949250.1421 ■ Fax 949.250.1114 ■ www.lalohtoncmauffino.com
•
Leigh en Consuiting, Inc.
:, .e:r nr »u negpn r.oa *nexw
Task
Roofing
Method
Price $
7345
Unit Weight
59 /hr.
7346
Tile- Breaking Strength /Absorption (min. 5 samples /test)
UBC 15 -5
65 ea.
7347
Clay or Concrete Tile
Title 24
Quote
Task
Asphalt Concrete, General Testing
Method
Price $
7350
Extraction, % Asphalt
ASTM D 2172
128 ea.
7351
Extraction & Gradation
ASTM D 21721C 136
177 ea.
7352
Unit Weight — Molded Specimen of Cores
ASTM D -118
38 ea.
7353
Bulk Specific Gravity
CTM 308
145 ea.
7354
Stabilometer Value
CTM 366
214 ea.
7355
Maximum Density - MARSHALL
ASTM D -1559
140 ea.
7356
Maximum Density with Stability & Flow
ASTM D -1559
185 ea.
7357
Bituminous Mixture Preparation
CTM 304
54 ea.
Task
Mix Design /Control
Method
Price $ ea.
7360
Mix Design — HVEEM Including Aggregate Tests per Design
ASTM D 1560 1CTM 366
Quote
7361
Mix Design — MARSHALL Including Aggregate Tests per Design
ASTM D 1559
Quote
7362
Field Mix — HVEEM Stability per point
ASTM D 15601CTM 366
150
7363
Field Mix - MARSHALL Stability per point
ASTM D 1559
150
Task
Moisture Test
Method
Price $
6325
Moisture Tests
ASTM E -1907
54 ea.
6326
Moisture Retest
ASTM E -1907
38 ea.
CalTrans Tests
Method
Price $ ea.
8000
Relative Compaction '
CTM 216
187
7370
Soil & Aggregate Preparation & Seive (Fine & Coarse Aggregate) *
CTM 201 & 202
268
7371
Sand Equivalent **
CTM 217
82
7372
Moisture Content (Oven Drying) **
CTM 226
16
7373
Grading & Speck Gravity Calculation *
CTM 105
59
8001
R Value, Soils & Bases (Stabilometer)'
CTM 301
268
7374
Compressive Strength - Concrete Cylinder t
CTM 521
22
7375
Air Content of Fresh Concrete (Pressure Method) t
CTM 504
591hr.
7376
Flexural Strength of Concrete (simple beam w/ centerpoint loading) t
CTM 523
80
7377
Moisture Content of Asphalt t
CTM 370
54
7378
Sampling Highway Materials /Products (Roadway Structural Sections) t
CTM 125
per hour Quote
*soil tmaterial ** soil & materials
1-05S
17781 Como a Irvine. CA 92614-6009
949.250.1421 ■ Fax 9492511.1114 ■ w .leiohtommnsultina.com
Leighton Consulting, Inc-
0
BASIS OF CHARGES FOR MATERIALS INSPECTION AND TESTING
REGULAR WORK HOURS: First 8 hours
and 5:00
day
SHIFT DIFFERENTIAL Swing Shdt +1 not fnr fire} 7+/ h ,nr4 d Hre aggligpd hnhuoan a -'gQp, - I pm.
MINIMUM HOURLY A. Special Inspector (Field Time Only)
CHARGES — Inspectors &
! 1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day ..................2 Hours
Technicians::
2. One -half working day or less .............. .......................................... ..............................4 Hours
3. Over one -half working day /or begins before noon and extends into afternoon ..........8 Hours
B. General Inspector (Field Time Only)
1. One -half working day or less ........................................................ ..............................4 Hours
2. Over one -half working daylor begins before noon and extends into afternoon ..........8 Hours
C. Technician — Field /Concrete
1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day ..................2 Hours
2. One -half working day or less ........................................................ ..............................4 Hours
3. Over one -half working daylor begins before noon and extends into afternoon ..........8 Hours
CYLINDER HOLDS
_Y... .... ._..- . ..---.
After the 28-day breaks meet PSI required strength, all HOLDS will automaticall y be disposed of,
unless specified in writing prior to the 28 -day break.
UT
OSIDE SERVICES:
Outside services performed by others and direct costs expended on the client's behalf are charged at
cost plus 20 %. These expenses include equipment rental, parking, subsistence, photographs, co-
.........._....,.._..
insurance endorsement, etc. .._ ..._._...,.-_._.__...._........
_ ., _...f,-
MILEAGE CHARGES.
__.. r,___._.
Mileage for inspection, testing or sampling, over a 40 -mile radius from our nearest facility and less than
100 miles will be charged at $.50 per mile. (No mileage charge to and from our office). ...
................
REPORT CHARGES:
. .,.,.,.... .. __ _
Secretarial time will be charged at $40 per hour. A maximum of 6 copies will be issued for each report.
.......... .....
FILE SEARCH &
Minimum $50 will be charged for Secretarial Time.
REISSUE OF REPORT:
.. .. ....
REPORTING:
........ ......... ... _. ..... . . ............ ...... .................. ........
j All reports contracted for by the client will be considered confidential information and submitted directly
1 to him. We will require the authorization of the client prior to distribution to parties other than those
designated in Section 1701 of the Uniform Building Code or Title 24, Part 1, California Administrative
j Code. . .......
PAYMENT TERMS.
.
! P anon If nnr na+d wi Ln W days of +ho Invn rn a ta than will
COMPLETION:
CANCELLATION:
sector will remain on
. __
if made
PARKING: When not furnished for
LICENSES & PERMITS:
PREVAILING WAGE:
Iii
...... ..
,b until discharged by competent authority.
........... ..
4:00 p m of the preceding day. See Minimum Charge.
_ ... . . ........... ........,..,......_... ..... ..........,....................
ipector, parking will be charged as paid by the Inspector.
....... .,., ...., . ..... ......... ........ ......... ... .
On remote jobs, Subsistence, when not furnished for
............. ................. ......,...,.,... ............1 . _...............
by the
and
1 -055
17781 Cowan ■ Irvine, CA 926148009
949.250.1421 ■ Fax 949.250.1114 ■ www.leiahtonconsullino.co n
Client#: 3
GROSS
ACORD- CERTIFICATE OF
YYYY)
LIABILITY
INSURANCE 46110/000
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Annstrong /Robitaille Bus &lnsSv
680 Langsdorf Drive #100
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 34009
POLIOYEXPIRATION
UMYB
Fullerton, CA 92834-9409
INSURERS AFFORDING COVERAGE
NAIC 9
INSURED
INSURER A: Lexington Ins Cc (A++xV)
02/14/05
Leighton Consulting 100 Inc
77781 Cowan Ste. 10
Irvine, CA 92614 -6009
INSURER B: American Economy (A XV)
$11,00-0,000—
INSURER C:
INSURER D:
INSURER E:
DAMAGE TO RENTED
PREMISES fee
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR
NSR
TYPE OFINSURANCE
POLICYNUMBER
POUCYMMNCTIVE
POLIOYEXPIRATION
UMYB
A
GENERAL LIABILITY
1411823
02/14/05
02/14/06
EACH OCCURRENCE
$11,00-0,000—
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES fee
$50,000
CLAIMS MADE OOCCUR
MED EXP(Any one Perron)
$excluded
PERSONAL & AW INJURY
$1,000,000
GENERAL AGGREGATE
s2,000,000
GEN'LAGGREGATELIMIT APPUESPER:
PRODUCTS - COMPIOP AGG
$2000000
POLICY X F X LOC
Overall Pollcv
General
Aqqrenate
$5,000,000
B
AUTOMOBILE
LIABILITY
ANY AUTO
02CE00346030
02114/05
02114/06
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per pars°^)
$
ALL OWNED AUTOS
SCHEDULEDAUTOS
X
BODILY INJURY
(Porecdden[)
$
HIREDAUTOS
NON-OWNED AUTOS
X
PROPERTY DAMAGE
(Per acciden)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
A
EXCESSIUMBRELLAUMBILTTY
0880422
02/14/05
02/14106
EACH OCCURRENCE
$4000000
X
OCCUR FI CLAIMS MADE
AGGREGATE
s4.000.000
$
DEDUCTIBLE
X
$
RETENTION $ 10000
WORKERS COMPENSATION AND
WC ST'M ATU
ra I OTH-
EMPLOYERS LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
E.L. EACH ACCIDENT
$
E.L DISEASE - EA EMPLOYEE
$
OFFICERIMEMBER EXCLUDED'!
B V... under
A
AL PRO
SPEC PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$
A
OTHER Professional
1755266
02114/05
02/14106
$2,000,000 Per Claim
Pollution Liab
$4,000,000 Aggregate
Claims Made
$25,000 Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
`Ten Day Notice of Cancellation for Non Payment of Premium
re: Project No.: 600922 - 3300 Newport Blvd, Newport Beach, CA, City
NB /City Hall
(See Attached Descriptions)
(LC)City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
ANY OF THE ABOVE DESCRIBED POLICIES Be
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'In DAYSWRITTEN
E TO THE CERTIFICATE HOLDER NAMED TD THE LEFT, BUT FAILURE TO DO SO SMALL
OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVE
ACUKD ZO IZUUIMtl) 1 Of 3 #S264088/M272163 KGR a ACORD CORPORATION 19OU
DESCRIPTIONS (Continued from Pagel)
Additional Insured and Primary Insurance applies on General Liability per Lexington's
Additional Insured Owners, Lessees or Contractors (Form B) endorsement LX0869 01195
attached to the General Liability policy as required by written contract.
Additional Insured applies on Automobile Liability per American Economy's Additional
Insured endorsement CA7135 12/93 attached to the Automobile policy as required by written
contract
The City of Newport Beach, its elected or appointed officers, officials,
employees, agents and volunteers named as additional insured per above
specifications.
Waiver of Subrogation applies on General Liability per Lexington's Blanket
Waiver of Subrogation LX0485 05103 attached to the policy as required by
written contract.
Waiver of Subrogation applies on Automobile Liability per American
Economy's endorsement CA7134 12193 attached to the policy as required by
written contract
AMS 25.3(2001108) 3 of 3
E
Endorsement
0
This endorsement, effective 12:01 AM 2/14/05
Forms a part of policy no.: 1411823
Issued to: Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc, Gradient Engineers
Inc. and Teratest Labs Inc.
By: Lexington Insurance Company (AM Best Rating..... A++ XV)
ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
(LC)City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers
Project No.: 600922- 3300 Newport Blvd, Newport Beach, CA City NB /City Hall
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of `jour work" for that insured by or for you.
IT IS AGREED THAT THIS POLICY IS PRIMARY AS RESPECTS ANY INSURANCE MAINTAINED BY THE ADDITIONAL
INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS EXCESS AND NON-
CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PREFORMED BY THE NAMED INSURED
IT IS AGREED THAT THE INSURANCE COMPANY S14ALL AFFORD OR PROVIDE THIRTY (30) DAYS WRITTEN
NOTICE OF CANCELLATION TO THE IN SURED IN THE EVENT OF CANCELLATION OR MATERIAL REDUCTION IN
COVERAGE
Authorized Representative or
Countersignature (In states where applicable)
LX0869 (01/95)
LX0969
0
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CA 713512 93
ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement.
Endorsement Effective:
06 -16 -05
Named Insured: Leighton Group Inc, Leighton
Countersigned by:
Consulting Inc, Leighton & Associates Inc,
Gradient Engineers Inc Teratest Labs Inc
y� �/ fJ�
/ l K
and
0006-
(Authorized Representative)
Schedule
Name of Person or Organization: (LC)City of Newport Beach, its elected or appointed officers,
officials, employees, agents and volunteers
Re: Project No.: 600922 - 3300 Newport Blvd, Newport Beach, cA City NBICity Hall
Premium:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to
this endorsement)
A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the person(s) or
organization(s) shown in the Schedule, but only with respects to the "bodily injury" or "property damage" resulting from
the acts or omissions of:
1. You;
2. Any of your employees or agents
3. Any person, except the additional insured or any employee or agent of the additional insured, operating a covered
"auto' with the permission of any of the above.
B. The insurance afforded by this endorsement does not apply:
To "bodily injury" or "property damage" arising out of the sole negligence of the person(s) or organization(s) shown in
the Schedule.
CA 7136 12 93
Page 1 of 1
0 0
91119141: ;14S1 "I
This endorsement, effective 12:01 AM 2/14/05
Forms a part of policy no.: 1411823
Issued to: Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc, Gradient
Engineers Inc. and Teratest Labs Inc.
By: Lexington Insurance Company (AM Best Rating ..... A ++ XV)
WAIVER OF SUBROGATION
(BLANKET)
It is agreed that we, in the event of a payment under this policy waive our right of subrogation against
any principal where a waiver has been included as part of a contractual undertaking by the insured
prior to the "occurrence" or offensive.
AUTHORIZED REPRESENTITIVE OR
COUNTERSIGNATURE(in states where applicable)
• •
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
CA 7134 12 93
WAIVER OF TRANSFER RIGHTS
OF RECOVERY AGAINST OTHERS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
Endorsement effective: June 16, 2005
Named Insured: Leighton Group Inc, Leighton
Countersigned by:
Consulting Inc, Leighton & Associates Inc,
Gradient Engineers Inc, Teratest Labs Inc,
(Authorized Representative)
SCHEDULE
Name of Person or Organization:
(LC)City of Newport Beach, its elected or appointed officers, officials, employees, agents
and volunteers
Project: 600922 - 3300 Newport Blvd, Newport Beach, CA, City NB /City Hall
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement).
We waive any rights of recovery we may have against the person or organization shown in the Schedule
because of payments we make to them or on their behalf for injury or damages arising out of your contract
with that person or organization. The waiver applies only to the person or organization shown in the
Schedule.
Premium: $ Included
CA 71 3412 93
SG
AYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURAMI:
ISSUE DATE: 09 -20 -2005 GROUP.
POLICY NUMBER: 1589581 -2004
CERTIFICATE ID: 3434
CERTIFICATE EXPIRES: )9 -01 -2005
09 -01- 2004/.)9-01 -2005
CITY OF NEWPORT BEACH SG JOB:GEOTECH INVESTIGATION FOR PROPOSED
CITY HALL, 3300 YSWPORT BLVD, NEWPORT ..
3300 NEWPORT BLVD LEIGHTON PROJECT #600922 -001
NEWPORT BEACH CA 92850
i%
This is to certify that we have issued a valid Workers' Compensation insurance policy in s fo-m approved by the
California Insurance Commissioner to the employer named below for the policy period that will expire or did �.
expire as indicated above.
This certificate of insurance is not an insurance policy and does not amend, extend or altar tie coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract cr other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein Is subject to all the terms, exclusions, and conditions of such policy.
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCJPRENCE.
ENDORSEMENT X2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09 -01 -1003 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2005 -01 -2. 1;
ATTACHED TO AND FORMS A PART OF THIS POLICY, THIRD PARTY NAME:
CITY OF NEWPORT BEACH
EMPLOYER
LEIGHTON GROUP, INC. OBA: LEIGHTON CONSULTING,
INC.
17781 COWAN STE 100
IRVINE CA 82814
[B10,SCj
(REV.]-05) PRINTED : 08-20 -2005
BY THE CITY COUNCIL
MY OF NEWPORT 13=- EACH
705
AF
•
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S15
August 9, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Steve Badum, Public Works Director
949- 644 -3311
sbadum@city.newport-beach.ca.us
SUBJECT: CITY HALL FUEL TANK REMOVAL, APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC.
RECOMMENDATIONS:
Approve a Professional Services Agreement with Leighton Consulting, Inc., for the
removal of 12,000 gallon underground fuel storage tank at City Hall at a not to
exceed contract price of $57,400 and authorize the Mayor and City Clerk to execute
the Agreement.
Approve a budget amendment appropriating $57,400 from the General Fund
Unappropriated Surplus Fund Balance, 010 -3605, to account 7011- C5100874.
DISCUSSION:
During the schematic design process for the replacement City Hall, new parking
structure, and replacement fire station, it was found that the location of the existing
underground fuel tank and dispensing facility would conflict with the new construction
and cannot be preserved under any design scenario. Additionally, City Staff has
reviewed the overall needs for refueling at this location, potential liabilities, regulatory
issues, and economics associated with underground fuel storage tanks. The current
facility is primarily utilized by Building Inspection, Code Enforcement, Lifeguards, and
City Hall pool vehicles. With the fueling station at the Corporation Yard less than a mile
away, it does not make good economic sense to continue dispensing fuel at this
location. Increasing costs for testing, monitoring, and system upgrades to comply with
water and air quality regulation along with the potential of spills and leakage of
underground facilities and the associated clean -up /mitigation also support the closing of
this facility.
City staff is currently working with Leighton Consulting Inc. for the preparation of
geotechnical investigation and environmental site assessments for the City Hall,
Parking Structure, and Fire Station project. Since this firm is already on site and
familiar with relevant issues, staff requested a proposal for the removal of the
underground storage tank (UST) and related facilities. The scope of work proposed
includes:
SUBJECT: City Hall Fuel Tank oval, Approval of Professional Services Agreern Leighton Consulting, Inc.
August 9, 2005
Page 2
• Processing of all permits from the City and Orange County Health Department.
• Removal and disposal of the UST and associated facilities.
• Groundwater monitoring including sampling and testing for oxygenates (MTBE).
• Importing backfill and resurfacing of the resultant excavation.
The estimated time to complete the work is seven (7) days once approvals from the
permitting agencies are obtained.
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds will be
available in the following account for this project:
Account Description Account Number Amount
General Fund 7011- C5100874 $57,400.00
Environmental Review:
This project is categorically exempt from the provisions of CEQA per Section 15330,
pertaining to minor actions to prevent the release of potentially hazardous substances.
Submitted by:
tephen G. Badum
Public Works Director
Attachment: Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT WITH
LEIGHTON, CONSULTING, INC.,
FOR UNDERGROUND STORAGE TANK REMOVAL
AND SOIL AND GROUNDWATER SAMPLING
THIS AGREEMENT is made and entered into as of this day of August, 2005, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
LEIGHTON CONSULTING, INC., a California corporation whose address is 17781
Cowan, Irvine, California, 92614 -6009 ( "Consultant "), and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now,
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to remove a 12,000 - gallon underground gasoline storage tank
(UST) located in the southeast corner of the City Hall property, located at 3300
Newport Boulevard in the City of Newport Beach.
C. City desires to engage Consultant: (1) to obtain all governmental permits,
whether federal, state, county, or municipal, that are necessary to remove and
dispose of the UST; (2) to perform the removal of the UST as well as the removal
of an adjacent gasoline dispenser island and associated piping; (3) to collect soil
samples and deliver them to a State of California certified laboratory to be
analyzed; (4) to backfill the excavation and pave the area with asphalt, provided
that no hazardous materials have been found; and (5) to collect and analyze two
groundwater samples (hereinafter referred to as the "Project ").
D. In performing the Project, Consultant agrees to comply with all permit conditions,
laws and regulations, whether federal, state, county or municipal, that relate to,
pertain to or regulate the removal, handling or disposal of USTs.
E. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
F. The principal member of Consultant for purposes of Project, shall be Charles R.
Mazowiecki, P.E., Senior Project Engineer.
G. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
0 0
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31st day of December, 2005, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in. the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
.4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a lump sum basis after completion
of all work in accordance with the provisions of this Section and the Scope of
Work attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items, subconsulting fees, permitting fees
and disposal costs, shall not exceed Fifty -Seven Thousand, Four Hundred
Dollars and no/100 ($57,400.00) without additional authorization from City. No
compensation changes shall be made during the term of this Agreement without
the prior written approval of City.
4.1 Consultant shall be responsible for obtaining all necessary , permits for
performing the work outlined in the Scope of Work, and shall pay the cost
of any and all permit fees charged by any public entity, including any
0 i
federal, state, county or local agency. City shall not be responsible for
reimbursing Consultant for any permit fees in connection with this Project.
However, City agrees to waive the fee for any permit required by the City
of Newport Beach for this Project.
4.2 Consultant shall be responsible for arranging for the offsite transportation
and disposal of the UST and the associated piping, and shall pay for all
costs associated with such transportation and disposal, including any
landfill or dumping fees or costs.
4.3 Upon conclusion of the Project, Consultant shall submit an invoice to City
describing the work performed. Consultant's bill shall include a
description of the services performed and/or the specific task in the Scope
of Services to which it relates, the date the services were performed, and
a description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the invoice by City staff.
4.4 City shall reimburse .Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City, in writing. Unless otherwise approved, such costs shall
be limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.5 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Fee Schedule
as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Charles R.
Mazowiecki, P.E., to be its Project Manager. Consultant shall not remove or
reassign the Project Manager or any personnel listed in Exhibit A or assign any
new or replacement personnel to the Project without the prior written consent of
IZ
City. City's approval shall not be unreasonably withheld with respect to the
removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
ADMINISTRATION
This Agreement will be administered by the Public Works Department. Roger
Torriero of Griffin Structures, Inc., shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project
Administrator or his /her authorized representative shall represent City in all
matters pertaining to the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
S. Provide blueprinting and other services through .City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner commensurate
with community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
'term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
0 0
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and/or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
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exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting. Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this.Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
6
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed. by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
! !
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the,limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City.
Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint-venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
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otherwise required by law. Except as specifically authorized herein, the services
to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of
City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees; agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be. submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
E
• •
20. OPINION.OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under. this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law; from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums.. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional' design, construction and/or
restoration expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
in
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27, NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or, approvals
from Consultant to City shall be addressed to City at:
Attn: Roger Torriero
c% Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -412 -9000
Fax: 949- 497 -8883
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Charles R. Mazowiecki, P.E.
Leighton Consulting, Inc.
17781 Cowan,
Irvine, CA 92614 -6009
Phone: 949 - 253 -9836
Fax: 949- 250 -1114
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to.
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all laws, statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City including, but not limited
to, all permit conditions, laws and regulations, whether federal, state, county or
municipal, that relate to, pertain to or regulate the removal, handling or disposal
of USTs.
R_1_ 71_11 ►9:I:7
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
12
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
[SIGNATURES ON FOLLOWING PAGE]
13
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APPROVED AS TO FORM:
By:
Aaron C. Harp
Assistant City Attorney
0
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
John Heffernan, Mayor
City of Newport Beach
LEIGHTON CONSULTING, INC.:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Professional Fee Schedule
f: luserslpbwlsharedlagreementslfy 05- 06\leighton- underground storage tank.doc
14
4
Leighton Consulting, Inc.
A LEIGHTON GROUP COMPANY
July 28, 2005
To: City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Attention: Mr. Steve Badum, Director of Public Works
Exhibit A
Proposal No. P601-00172
Subject: Revised Proposal to Remove One Underground Storage Tank and Conduct
Groundwater Monitoring and Sampling at 3300 Newport Boulevard, Newport
Beach, California
Introduction
.In response to your request, Leighton Consulting, Inc. is pleased to present this revised proposal to
remove the 12,000 gallon underground gasoline storage tank (UST), dispenser island, and
associated piping located in the southeast comer of the property at 3300 Newport Boulevard,
Newport Beach, California. Also included in this proposal is the collection and analysis of two
groundwater samples. This proposal is based on the information contained in the "Phase I
Environmental Site Assessment Report, 3300 Newport Boulevard and 475 32"d Street, Newport
Beach, Orange County, California" prepared by Leighton Consulting (Phase I ESA). The revisions
include restoration of the paving in the excavated area to the City's specifications and one
groundwater monitoring event.
17781 Cowan ■ Irvine, CA92614 -6009
949- 253 -9836 ■ Fax 949- 250 -1114 ■ www.leightonconsurdng.com
• P601 -00172
The scope of services for this project is summarized below.
Assumptions for UST Removal
The fee for the permit to be obtained from the City of Newport Beach Building Department
will be waived for this work.
. Water is available onsite or within 100 feet of the site.
There are no utilities or underground structures present within the limits of work that will
interfere with the project.
. The UST is double -wall fiberglass of 12,000 gallons nominal capacity.
The UST is empty.
• The maximum depth of excavation is 12 feet below grade.
• Shoring is not required.
• Existing tank is anchored to a concrete slab or deadmen. Straps can be cut and concrete left
in place.
• No more than 6 soil samples will be analyzed.
• Overburden removed from the excavation is suitable for use as backfill material.
Offsite transportation and/or disposal of contaminated soil is not included.
A maximum of 1355 tons of imported rock for backfill will be required.
Permits
Permits will be obtained from the City of Newport Beach Building Departmegaeei the Orange
County Health Care Agency a- ,,. ,l a, i( o t r. e/ o, P P 4: C a. 6/ It t< r v c a } , r y C4- ,k r"C � c S.
UST Removal
Underground Services Alert will be notified to verify that there are no utilities or subsurface
structures present that could interfere with the work. Any active utilities will be turned off and
disconnected.
-- Prior to removal, the UST will be triple -rinsed and evacuated of rinseate, degassed and
monitored for the presence of volatile vapors. The existing asphalt pavement will be sawcut at
the limits of the excavation and the pavement over the area to be excavated will be removed and
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Leighton
• • P601 -00172
stockpiled for disposal. The UST and associated piping will be uncovered, removed, and with
the approval of the Orange County Health Care Agency (OCHCA), placed on trucks, and
transported to an appropriate disposal facility_
Soil samples will be collected from the excavation walls as directed by the OCHCA. Soil
samples will be delivered to a State of California certified laboratory to be analyzed for Total
Petroleum Hydrocarbons (TPH) in accordance with EPA Method 8015 (Modified) and benzene,
toluene, ethylbenzene, total xylenes and oxygenates in accordance with EPA Method 8260B.
After the UST has been removed, clean rock will be delivered to the site and used as backfill
material from the bottom of the excavation to the groundwater surface elevation. The overburden
will be used to backfill the excavation to subgrade with a minimum of 90 percent relative
compaction. A compaction report signed by a State of California qualified registered professional
will be issued at the completion of backfilling.
After compaction of the backfill is completed, a 6 -inch course of compacted Class 2 Base will be
placed over the surface of the backfill material. The area will be paved with 4 inches of hot mix
asphalt, flush with the adjoining surfaces.
Prior to demobilization, all debris generated during construction will be removed from the site
for proper disposal, and the site will be swept clean.
We estimate it will take 7 days to complete the tank removal, backfill, and restoration activities.
Groundwater Monitoring
Included in this proposal is one round of ground water sampling from the existing monitoring
wells. In the Phase I ESA, Leighton Consulting recommended that groundwater samples be
collected and analyzed to verify that methyl tertiary butyl ether (MTBE) and other oxygenates
have not impacted groundwater. Three monitoring wells exist on site but one has been covered
with pavement.
Leighton Consulting will collect one groundwater sample from each of the two accessible wells
(two samples total). Groundwater samples will be delivered to a State of California certified
laboratory to be analyzed for oxygenates, including MTBE in accordance with EPA Method
8260B. Leighton Consulting will submit a report discussing the analytical results.
ri
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Leighton
•
Proiect Manaciement
• P601 -00172
Included in this proposal is time for a representative from Leighton Consulting to attend
meetings of the Newport Beach City Council.
Fee Estimate
We estimate the fee for these services will be Fifty-Seven Thousand Four Hundred Dollars
($57,400.00). Our services will be supplies on a lump sum basis, based on the assumptions
provided herein. If this proposal meets with your approval, please forward a contract to our
office for review.
If at any time, conditions are encountered which are different from those anticipated, or that
additional services are required, we will contact you before providing these additional services.
Additional services will not be provided util we have received written authorization from you to
proceed. All services will be provided in accordance with the attached 2005 Prevailing Wage
Fee Schedule.
We look forward to continue working with the City of Newport Beach on the subject project. If
you have any questions, please do not hesitate to call the undersigned at 949 - 252 -9836 Ext. 216.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
Charles R. Mazowiecki, P.E.
Senior Project Engineer
Distribution: (2) Addressee
(I) City of Newport Beach, Attention: Ms. Jessica Etezady
(1) Griffin Structures, Attention: Mr. Roger Torriero
(1) Griffin Structures, Attention: Mr. Steve Mickel
Attachment: 2005 Prevailing Wage Fee Schedule
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Leighton
'.ei hton Consu ng, Inc:
A L c.a HyaR DROOP co'li9Amy
2005 PROFESSIONAL FEE SCHEDULE*
PROFESSIONAL SERVICES
TECHNICAL STAFF
Exhibit B
TechnicianI ......................................... ............................... .................... ......................................... — ----------------
....................... 70
TechnicianII .. ... ............................ ...............................................................................................................
.............................80
SeniorTechnician ...........................................-.-------........_.............._..........................._......................_
......------ ----- ----...---..90
Staff Engineer /Geologist/Scientist/Field Supervisor /Materials Inspection Manager ..... ...............................
............................105
OperationsManager ................ ... .............. .............. ................................................... ............................
......... ___ ----- - ----- -115
Senior Staff Engineer/Geologist/ Scientist ---------- ...............................................................................................
------- .............. 120
Project EngineerlGeologisUScientist /Registered Civil/Materials.......... ......... ...............................
............................135
Senior Project Engineer / Geologist / Scientist ....................................................................................................
_-- --- -- -------...150
Associate.................................... .................- ----......... _. ............................... °--..... ......---- --- ---- -- ---- --
- - - -.. ......................170
Principal...................................... ...............................
......................185
SeniorPrincipal .................................................................................................................................... ...............................
....225
TECHNICAL SUPPORT STAFF
AdministrativeAssistant/Word Processor ......................................... ......................................................
...-- --- --- ..................65
CAD Operator/Technical Illustrator /GIS Specialist ............................... ........... .---------------------------------------------------
____ ............ 90
ENGINEERING EQUIPMENT
VehicleUsage ............................................................................................................................
............................... $ 9 per hour
'tmeter, Inclinometer Units .......... ............................... ......................... ...............................
............................150 per day
laclear Soil Gauge .............................................................................. ....................................
....................---- ------- 8 per hour
GPSStation .............. ...._........_.......... -- -- _............ .................._._.......... ..
- .....------- ------ --- -- ---- - - -- ...............150 per day
OtherEquipment --- ....................................................................-------------------...................
..........._................... Upon Request
OTHER TERMS AND CONDITIONS
• Expert witness testimony will be charged at 2.0 times the above rates, with a minimum charge of four hours per day.
• Proposals are valid for 30 days, unless otherwise stated.
Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable
expenses will be invoiced at cost plus 20 %, unless billed directly to, and paid by client.
• A retainer of 50% of the fees may be required for projects with a total fee of $5,000 or less, with the balance to be paid at the time the
report is released to the client.
• Client agrees to provide all information in Client's possession about the actual or possible presence of buried utilities and hazardous
materials on the site, and agrees to reimburse Leighton for all costs related to their unanticipated discovery.
Rimes .,ea:...�,r „ ..._.,a...,a
__ a
• id' contr t
u
• Minimum Hourly Charges for Field Technicians:
1. Monday-Friday .................................................. .................................... ................ 2 Hour Minimum
.
2. Saturday and Sunday .............. ........_................._.. ................._............. 4 Hour Minimum
* Effective through December 31, 2005, after which remaining work will be billed at then - current rates.
'90 302 (Continued on Reverse
1.05S
17781 Cowan ■ Irvine, CA 92614-6009
949.250.1421 ■ Fax 949250.1114 ■ www.leighlonconsulfing.com
•
TEST
$
TEST
$
Identification & Index Properties
Static Uniaxial & Triaxial Strength Tests
Moisture Content
15
Unconfined Compression (w,mstressistramprot)
85
Moisture and Density (Ring Samples)
25
UU Test— Unconsolidated /Undrained (persuess)
1'
Moisture Content & Density (Shelby /cutting)
60
Consolidated Undrained (CU,R) (persrress)
3S�
Atterberg Limits (3 points)
115
Consolidated Drained (CD,S) with Volume Change
Single Point/Nonplastic
8n
Sandy -silty sand soils (per conrmingstress)
355
Visual classification of point as nonplastic
10
Silt - clayey and soil (per confining mess)
495
Particle Size: Sieve ( %" to 4200)
70
Clay soils (per confining stress)
700
Sieve (3" to - #200)
105
Three Stage Triaxial Tests Above $
+ 75%
Hydrometer only
105
Sieve & Hydrometer
150
Consolidation & Swell Tests
Dispersive Characteristics of Clay Soil (Double Hydrometer)
85
Consolidation (wlo time rate)
185
Specific Gravity: Fine (passing #4)
85
Each Time Reading & Curve per Increment
45
Coarse (retained on #4)
80
Each additional load /unload w/o Time Reading
40
Total Porosity — On Shelby tube sample — ca/c.
130
Expansion Index
125
Total Porosity — On other sample
100
SwellCollapse Test (A) 10 loadfunloadsw /o time cun-es
275
Photograph of sample
10
Single Load Swell/Collapse Test (B) seat, road, and inundate
100
Shrinkage Limits (Wax Method)
120
Swell/Collapse Test (C)
365
Pinhole Dispersion
190
Collapse Potential of Soils
235
Sand Equivalent
85
Percent Passing 4200 Sieve
55
Hydraulic Tests
Permeability (Hydraulic Conductivity)
Soil Chemistry
— Undisturbed Tube Sample
185
pH
40
— Remolded Sample
225
Electrical Resistivity — single point — insitu moisture
40
Triaxial Permeability (at One Effective Stress)
280
Minimum Resistivity (minimum of 3 points)
85
- Each Additional Effective Stress
115
pH & Minimum Resistivity
125
- Hand Trimming for Horizontal K
55
Sulfate Content - Gravimetric
65
- Daily charge for Long Term Tests (> 7 days)
45
Sulfate Screen
30
Compatibility Tests in Flex -Wall Permeameter: Baseline
31"
Permeability, Sample Prep., etc.
Chloride Content
65
Set -up for Leachate or Permeant Injection
10U
Corrosion Suite: pH, Chrodde, Mfpfmum Resistivity &
210
Daily Equipment Usage Rate (aferteachate tnjecuon)
45
Sulfate (greftemc)
Organic Matter Content
60
Remolding of Test Specimens
55
Air Permeability (inc. Moisture & Density)
95
Shear Strength
Air Permeability (Modified for Soiis)
165
Pocket Penetrometer
15
Capillary- Moisture Relationships rmcludes duplicate)
375
Torvane
15
(wdwddupGcate)
270
Single Point Shear
90
Direct Shear (3 points) Consoiidated Undrained - 0.05 in. /min.
220
Other
Direct Shear (3 points) Consolidated Undrained
465
Concrete Compression
20
Remolding or Hand Trimming of specimens (3 points)
70
CAL TRANS 216 — Relative Compaction
195
Residual Shear— price per pass per point after shear
55
Torsional Shear
590
Compaction & Bearing Capacity
Samples will be stored for 3 months. Prior notification is required if
R -Value — Untreated or Treated
250
samples need to be stored for a longer period of time. A monthly storage
R -Value — Lime Treated
255
tee of $31bag and $%leave will be applied.
Standard Proctor Compaction - 4 points
4 inch mold
165
Prices shown above are based on the assumption that all soil samples are
6 inch mold
195
`clean' and that turnaround time of results is standard (1 to 2 weeks). For
Modified Proctor Compaction (Max Density) - 4 points
contaminated soil (Level D), please add a 10% surcharge. Extremely
4 inch mold
175
hazardous samples (Level C) will require a 15% surcharge. Level C & D soil
samples will be returned to the site or property owner.
6 inch mold
205
Check Point
75
Relative Density (0.1 cubic foot mold)
225
California Bearing Ratio (CBR) — 3 point
530
—1 point'
175
1 -05S
17781 Cowan ■ Irvine, CA 92614 -6009
949250.1421 ■ Fax 949.250.1114 ■ www.leightonconsulting.com
.grito t Consul U 1 ,Inc.
:.e,esrns v�oun ceua.�ns
MATERIALS TESTING & INSPECTION SCHEDULE OF SERVICES
Task
Professional Services
Price $1 hour
7104
Reports - Test Results
10
7105
Review of Files for Final Letter of Affidavit (min. 2 hours)
115
7106
Expert Witness, Consultation and Court Appearances (min. 4 hours)
200
7107
Submittal Review for Compliance with Project Plans and Specifications
100
7108
Structural Observation designated by the Architect or Engineer of Record (Seismic Zones 3 & 4)
200
Task
Inspection Services
Price $1 hour
6150
Relocatable Building In -Plant Inspections, Title 24
85
6151
DSA Project Inspector (IOR) - Class 1
90
6152
DSA Project Inspector (IOR) - Class II
85
6153
DSA Project Inspector (IOR) - Class Ill
80
6154
DSA Project Inspector (IOR) - Class IV
75
6200
Special Inspection Concrete ICSO
59
6201
Special Inspection Post - Tension Concrete ICBO
59
6202
Special Inspection Structural Steel/Welding & Bolting ICBO
59
6203
Special Inspection Welding AWS/CWI
67
6204
Special Inspection Masonry ICBO
59
6205
Special Inspection Masonry DSA
67
6206
Special Inspection Roofing
59
6207
Special Inspection Asphalt
59
6208
Special Inspection Fireproofing ICBO
59
6209
Electrical inspection
59
6210
Mechanical Inspection
59
' ^J t
Special Inspection Shotcrete ICBO
59
2
Special Inspection Shotcrete DSA
67
13
Special Inspection Epoxy Injection & Anchors
59
6214
Batch Plant Inspection Concrete
59
6215
Batch Plant Inspection Asphalt
59
6216
Building Inspection ICBO
59
6217
Fabrication Inspection (Local) AWS /CWI
67
6218
Fabrication Inspection (Outside Local Area)
Quote
Task
Technician Services
Price $ / hour
6230
Technician- Materials -Field /Concrete
59
6231
Technician -Soil (Compaction Tests Only)
Quote
6232
Coring and Sizing (in house)
59
7120
Laboratory Technician
59
6233
Pachometer Inspection - Technician
59
6234
Schmidt Hammer Inspection - Technician
59
6235
Moisture Testing - Technician
59
6236
Grounding Rod Soil Resistance Test- Technician
250 ea.
6237
Pull -out Test on Embedded Bolts, Anchors and Dowels
59
6238
Earth Anchor Hold Down Test (4 Hour, Full Load Application with 5 minimum)
155 ea.
6239
Earth Anchor Hold Down Test (Prelude / Short Term, w /Full Load)
18 ea.
6240
Coring Concrete, Masonry or Asphalt in Field
85
6241
Sawing Concrete, Masonry or Asphalt in Field
95
6242
Pick -up and Delivery - Standard
60 /trip
6243
Technician Travel Time ( >40mi. radius of Irvine lab)
60/hr.
1 -05S
17781 Cowan ■ Irvine, CA 92614 -6009
949250.1421 a Fax 949250.1114 ■ www.leiahtommnsuftina.com
L*hton Consulting, h1C.
n �pi6Yina pxqua (ipnna NP
Task
Non- Destructive Testing (NDT)
Price $1 hour
6260
Ultrasonic Inspection
80
6261
Dye Penetrant Inspection
80
6262
Magnetic Particle Inspection
80
6263
Radiographic Testing
Quotelhour
6264
Travel Charge
Quote/hour or mile
6265
Truck Charge
Quote /day
6266
Film
Quote/film
Task
Equipment Charges
Price $ f day
6300
Skidmore - Wilhelm Bolt Cell
40
6301
Torque Wrench
15
6302
Air Meter
20
6303
Pachometer
50
6304
Schmidt Hammer
30
6305
Nuclear Density Gauge
75
6306
Vibrating Probe (Concrete)
40
6307
Generator
50
Task
Concrete Strength Characteristics
Method
Price $ ea.
7200
Concrete Cylinders (6 "x 12 ") - Compression
ASTM C -39
22
7201
Gunite /Shotcrete Cores (Lab Coring & Testing Only)
ASTM C-42
50
7202
Lightweight Fill Concrete (3 "x6'7
ASTM C-495
32
7203
Compression, Concrete or Masonry Cores (Testing Only) Max. Diameter 6"
ASTM C -42
32
7204
Splitting Tensile
ASTM C -496
38
7205
Flexural Strength of Concrete (Simple Beam with P pt. Loading)
ASTM C -78
55
7206
Mix Design, Determination of Proportions
130
7207
Mix Design, Review of Existing
120
7208
Laboratory Trial Batch with Slump, Unit Weight & Air Content
ASTM C -192
360
7209
6 "x 12" Cylinder, Make and Test (Lab Trial Batch)
ASTM C -192
22
7210
3 "x 6" Grout Prisms, Make and Test (Lab Trial Batch)
ASTM C -192
18
7211
6'x 6" Flexural Beams, Make and Test (Lab Trial Batch)
ASTM C -192
32
7212
Per Sample Pick -up within 40 -miles of Irvine Lab
10
7213
Cylinder Molds, 6'x 12', 2 "x 4" (Not Used With Testing)
3
7214
Unit Weight of Hardened Light weight Concrete
ASTM C -567
32
7215
Rapid Cure Concrete Cylinders (Boil Method)
ASTM C-684
32
7215
Drying Shrinkage (Four Readings, up to 90 days, 3 bars)
ASTM C -157
220
72.17
Modulus of Elasticity /Poisson's Ratio
ASTM C-469
260
7218
Petrographic Analysis of Hardened Concrete
ASTM C -856
1300
7219
Cement Content Analysis of Hardened Concrete
ASTM C 1084
820
Task
Aggregate Properties
Method
Price $ ea.
7240
Sieve Analysis of Fine and Coarse Aggregate
ASTM C -136
95
7241
Sieve Analysis -Finer than #200 (Wash)
ASTM C -117
65
7242
LA Rattler - Smaller Coarse Aggregate < 1'/V
ASTM C -131
155
7243
LA Rattler- Larger Coarse Aggregate 7 '/:
ASTM C -535
180
7244
Soundness
ASTM C -88
205
7245
Organic Impurities
ASTM C -40
55
7246
Clay Lumps, Friable Particles
ASTM C -142
115
7247
Durability Index
CTM 229
115
7248
Cleanness Value of Coarse Aggregate
CTM 227
80
1 -055
17781 Cowan ■ Irvine, CA 92614 -6009
949.250.1421 ■ Fax 949250.1114 ■ www.leichionconsuRmo.com
I - iarton 'Consulting. Inc.
i.E:fs Y. i RN Hb.+lle i.rM >na4
Task
Masonry
Method
Price $ ea.
7260
Mortar Cylinders (2 "x4 ")
ASTM C -780
22
7261
Mortar Cubes (2 "x 2 ")
ASTM C -109
22
7262
Grout Prisms (3"x6 ")
ASTM C -1019
22
7263
Compression, Concrete or Masonry Cores, Max. Diameter 6" (Testing Only)
ASTM C-42
32
7264
CMU Compression (3 required) to size 8 "x 8 "x 16"
ASTM C -140
43
7265
CMU Compression (3 required) greater than 8 "x 8 "x 16"
ASTM C -140
48
7266
CMU Moisture Content, Absorption & Unit Weight (6 required)
ASTM C -140
80
7267
Masonry Efflorescence (5 required)
ASTM C -67
48
7268
CMU Linear Drying Shrinkage
ASTM C-426
90
7269
CMU Grouted Prisms (Compression Test to 8 "x 8 "x 16 ")
ASTM E -447
145
7280
CMU Grouted Prisms (Compression Test larger than 8 "x 8" x16')
ASTM E-447
175
7281
Masonry Core -Shear Title 24 (Test Only)
60
Task
Brick
Method
Price $ ea.
7290
Compression (5 required)
ASTM C -67
38
7291
Modulus of Rupture (5 required)
ASTM C -67
38
7292
Absorption, Soak (5 required)
ASTM C -67
27
7293
Absorption, Boil (5 required)
ASTM C -67
27
7294
Absorption, Saturation Coefficient (5 required)
ASTM C -67
43
7295
Initial Rate of Absorption (5 required)
ASTM C -67
38
7296
Efflorescence (5 required)
ASTM C -67
45
7297
Efflorescence with Mortar (5 required)
ASTM C -67
60
Task
Steel Reinforcement
Method
Price $ ea.
7300
Tensile Test, Up to No. 10
ASTM A -370
38
-1
Tensile Test, No. 11 and over
ASTM A -370
48
Bend Test, Up to No. 8
ASTM A -370
32
7�0
Bend Test, No. 9 and over
ASTM A -370
48
7304
Processing Mill Certificates (per size and heat)
16
Task
Structural Steel
Method
Price $ ea.
7310
Tensile Strength, Up to 100,OOOlbs
ASTM A -370
38
7311
Tensile Strength, 100,000 to 200,000lbs
ASTM A -370
48
7312
Bend Test
ASTM A -370
27
7313
Pipe Flattening Test
ASTM A-370
Quote
7314
Machining and Preparation of Samples
ASTM A -370
48
7315
Brinell & Rockwell Hardness Test
ASTM A -370
32
7316
Chemical Analysis, Carbon and Low Alloy Steel
Quote
7317
Processing Mill Certificates (per size and heat)
16
Task
Prestress
Method
Price $ ea.
7320
Prestress Wire
ASTM A-416
150
7321
Sample Preparation
48
7322
Prestress Cable, 7 Wire (Breaking Strength/Modulus of Elasticity)
ASTM A-416
160
Task
Weld Procedure and Welder Qualifications
Price $
6320
Welder CertificationNVeld Procedure Review (AWS /GWI)
7330
Weld Tensile Test
38 ea.
7331
Weld Bend Test
27 ea.
7332
Weld -Macro Etch
43 ea.
7333
Bolt Tensile Test
48 ea.
Task
Fireproofing
Method
Price $
7340
Unit Weight (Density)
UBC Std. 7-6
43 ea.
7341
Cohesion /Adhesion
UBC Std. 7-6
59 /hr.
1 -05S
17781 Cowan ■ "e, CA 92814$009
949.250.1421 ■ Fax 949.2501 114 ■ ww+.loichtonconsulfno.com
Lek ihton Consulting, Inc,
F ..£ ;GH�kk .-.4 plfa �RgndNY
Task
Roofing
Method
Price$
7345
Unit Weight
59/hr.
7346
Tile- Breaking Strength /Absorption (min. 5 samples/test)
UBC 15 -5
65 ea.
7347
Clay or Concrete Tile
Title 24
Quote
Task
Asphalt Concrete, General Testing
Method
Price $
7350
Extraction, %Asphalt
ASTM D 2172
128 ea.
7351
Extraction & Gradation
ASTM D 21721C 136
177 ea.
7352
Unit Weight— Molded Specimen of Cores
ASTM D -118
38 ea.
7353
Bulk Specific Gravity
CTM 308
145 ea.
7354
Stabilometer Value
CTM 366
214 ea.
7355
Maximum Density - MARSHALL
ASTM D -1559
140 ea.
7356
Maximum Density with Stability & Flow
ASTM D -1559
185 ea.
7357
Bituminous Mixture Preparation
CTM 304
54 ea.
Task
Mix Design/Control
Method
Price $ ea.
7360
Mix Design — HVEEM Including Aggregate Tests per Design
ASTM D 1560 /CTM 366
Quote
7361
Mix Design — MARSHALL Including Aggregate Tests per Design
ASTM D 1559
Quote
7362
Field Mix — HVEEM Stability per point
ASTM D 1560 /CTM 366
150
7363
Field Mix - MARSHALL Stability per point
ASTM D 1559
150
Task
Moisture Test
Method
Price $
6325
Moisture Tests
ASTM E- 1907
54 ea.
6326
Moisture Retest
ASTM E -1907
38 ea.
CalTrans Tests
Method
Price $ ea.
8000
Relative Compaction
CTM 216
187
7370
Soil & Aggregate Preparation & Serve (Fine & Coarse Aggregate) "'
CTM 201 & 202
268
7371
Sand Equivalent'
CTM 217
82
7372
Moisture Content (Oven Drying) "
CTM 226
16
7373
Grading & Specific Gravity Calculation '
CTM 105
59
8001
R Value, Solis & Bases ( Stabiiometer)'
CTM 301
268
7374
Compressive Strength - Concrete Cylinder *
CTM 521
22
7375
Air Content of Fresh Concrete (Pressure Method) t
CTM 504
59 /hr.
7376
Flexural Strength of Concrete (simple beam w/ centerpoint loading) t
CTM 523
80
7377
Moisture Content of Asphalt t
CTM 370
54
7378
Sampling Highway Materials /Products (Roadway Structural Sections) t
CTM 125
perhour Quote
'soil tmaterial 'soil &materials
1 -055
17781 Cowan ■ Irvine, CA 9261446009
949250.1421 ■ Fax 949250.1114 ■ www.ieiahlonconsultina.com
-mg mori Consulfinu, Inc-
REGULAR WORK HOURS:
BASIS OF CHARGES FOR MATERIALS INSPECTION AND TESTING
First 8 hours between 6:00 a.m. and 5:00 p.m. Monday through Friday, except holidays.
T 'ai Pa�" in ence Day, Veterans sgrwng an the day
Y-
SHIFT -DIFFERENTIAL : i Swing Shift, +j Q%.fnr fimt 71/ pm-
womi �i 6 M - HOURLY
7 -�.- SpecIa I-In-s-p- Inspector (-Fie'I'd Time- 6-n-ly-i-
CHARGES - Inspectors &
I. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day ..................2 Hours
Technicians:
2. One-half working day or less ................................................. ...... ........ ....... ...-4 Hours
3- Over one-half working day/or begins before noon and extends into afternoon ..........8 Hours
B. General Inspector (Field Time Only)
1. One-half working day or less ............................................................ ----------- ............. 4 Hours
2. Over one-half working day/or begins before noon and extends into aftemoon ..........8 Hours
C. Technician - Field /Concrete
1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day ..................2 Hours
2. One-half working day or less..._....._._ ...............................__..-_. ..-- .._._..................... 4 Hours
3. Over one-half working daylor begins before noon and extends into afternoon ......8 Hours
CYLINDER HOLDS:
After the 28-day breaks meet PSI required strength, all HOLDS will automatically be disposed of,
-------
unless specified in writing prior to the 28-day break.
-0- .a-re -cha-
-a,t-
's-er'v, -on, -the
OumiDEs-E-RV"lcES:
uts-id-e c-1ie'n-t-'-s--b-e-h-a-1-f-
ice's-pe-rfo-rin e-d-by-o-th-e-rs and direct costs expended charged
cost plus 20%. These expenses include equipment rental, parking, subsistence, photographs, co-
insurance endorsement, etc.
liilEAGi CHARGES:
Mileage for Inspection, testing or sampling, over a 40-mile radius from our nearest facility and less than
100 miles will be charged at $.50 per mile. (No mileage charge to and from our office).
REPORT CHARGES:
Secretarial time will be charged at $40 per hour. A maximum of 6 copies Will be issued for each report
. . .. .. .......
FILE SEAIR&H &
P� mimurn $50 will be charged for Secretarial Time.
REISSUE OF REPORT:
REPORTING:
All reports contracted for by the client will be considered confidential information and submitted directly
to him- We will require the authorization of the client prior to distribution to parties other than those
designated in Section 1701 of the Uniform Building Code or Title 24, Part 1, California Administrative
Code.
PAYMENT TERMS:
� PajRPi2^+�� %^ � ,itpe0.nrP Pntaiion It r -� % +r,' 40 days of the invoir nit rt,e,, will .
e �of ed by
'����d
I in
coMPLE-Tl'ON:
'jmv .... . ........ - -
inspector will re- rnain*on"job until discharged by competent authority._______.
CANCELLATION:
No Charge if made before 4:00 p .m. of the preceding day. See Minimum Charge.
PARKING:
- ---------- --
When not furnished for Inspector, parking will be charged as paid by the Inspector.
On remote jobs, Subsistence, when not furnished for Inspector, will be charged by Quotation.
INSURANCE:
W surance req al cost of an sec I insurance re aired by the
LICENSES & PERMITS:
PREVAILING WAGE:
1-05S
17781 Cowan a Irvine, CA 92614-6009
949.250-1421 ■ Fax 949.250-1114 n www.lelohtonconsuftina.com
jWy of Newport Beacfb
BUDGET AMENDMENT
2005 -06
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
NX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 06BA -009
AMOUNT: $57,400.00
N Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations for the City Hall Fuel Tank Removal.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit _
010 3605 General Fund - Fund Balance $57,400.00
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed:
Signed:
Services Director
Administrative Apprgfal: City Manager
City Council Approval: City Clerk
Automatic
Credit
$57,400.00
Date
V51Xno
D to
Date
Description
Division
Number
7011 Facilities
Account
Number
C5100874 City Hall Fuel Tank Removal
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Services Director
Administrative Apprgfal: City Manager
City Council Approval: City Clerk
Automatic
Credit
$57,400.00
Date
V51Xno
D to
Date