Loading...
HomeMy WebLinkAboutC-4527(C) - PSA for Newport Beach Civic Center and Park Project Soil Testing & Inspection Services (Newport Beach Civic Center)(� AMENDMENT NO. TWO TO t ? PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC., FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT J SOIL TESTING AND INSPECTION SERVICES THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ` ( "Agreement") is made and entered into as of the 21" day of June, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and LEIGHTON CONSULTING, INC., a California corporation ( "Consultant "), whose address is 17781 Cowan, Irvine, CA 92614, and is made with reference to the following: RECITALS A. On June 22, 2010 (the "Effective Date "), City and Consultant entered into a Professional Services Agreement ( "Agreement ") for geotechnical observation and testing services such as soil testing and inspection services for the Newport Beach City Civic Center and Park Project ( "Project "). B. On October 24, 2012, City and Consultant entered Amendment No. One to the Agreement to extend the term, increase the scope of work and increase the total compensation ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to extend the term, increase the scope of work and increase the total compensation D. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: fi 1114 Section 1 of the Agreement, as previously amended, shall be amended in its entirety and replaced with the following: The term of the Agreement shall commence on the Effective Date, and shall terminate on June 30, 2014, unless terminated earlier as set forth herein. Section 2 and Exhibit A of the Agreement, as previously amended, shall be supplemented to include the "Change Order No. 2 for Out -of -Scope Geotechnical Services During Construction of Newport Beach Civic Center and Park Project" dated March 4, 2013, and "Change Order No. 3 for Out -of -Scope Geotechnical Services During Construction of Newport Beach Civic Center and Park Project" dated March 25, 2013, which are attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, as amended, and Exhibit A of Amendment No. Two shall LEIGHTON CONSULTING, INC. Page 1 collectively be known as "Exhibit A ". The City may elect to delete certain tasks of the Services To Be Performed at its sole discretion. 3. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement, as previously amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Exhibit B of the Agreement, as amended, and Exhibit B of Amendment No. Two shall collectively be known as "Exhibit B ". Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Ninety -Four Thousand Ninety -Eight Dollars and 50/100 ($394,098.50) (`Total Amended Compensation ") without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Two in an amount not to exceed Nineteen Thousand Eight Hundred Seventy -Eight Dollars and 00(100 ($19,878.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] LEIGHTON CONSULTING, INC. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT? (S OFFICE Date: II II wVL, Aaron C. Harp City Attorney iM6 I ATTEST: I 1 I �. 1t ✓1 Date: I. 11 By: • MVW--- Leilani I. Brown City Clerk u CITY OF NEWPORT BEACH, a California municipal corporation Date: '1 $ By: Dave City Manager CONSULTANT: CONSULTING, cor - Da- By: I, Senior Vice President LEIGHTON INC., a California Date: By: q, Terrance M. Brennan Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Change Order No. 2 for Out -of -Scope Geotechnical Services During Construction of Newport Beach Civic Center and Park Project" dated 3/4/13, and "Change Order No. 3 for Out -of -Scope Geotechnical Services During Construction of Newport Beach Civic Center and Park Project" dated 3/25/13 Exhibit B — Schedule of Billing Rates LEIGHTON CONSULTING, INC. Page 3 EXHIBIT A SCOPE OF SERVICES Leighton Consulting, Inc. Page A -1 Ei g Le, °Its n ConsWbng, Inc, March 4, 2013 City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Mr. Steve Badum NEEM03wasum Subject: Change Order No. 2 for Out -of -Scope Geotechnical Services During Construction of Newport Beach Civic Center and Park Project 1100 Avocado Avenue, Newport Beach, California In accordance with the request of C.W. Driver, Leighton Consulting, Inc. (Leighton) has prepared this change order for out -of -scope geotechnical services provided during construction for the completion of the Newport Beach Civic Center and Park Project located at 1100 Avocado Avenue in the city of Newport Beach, California. This change order is based on our understanding of the services that were provided at the request of C.W. Driver that were not included in the original scope of work for the project, and discussions with representatives from C.W. Driver and the City of Newport Beach. A separate change order dated August 31, 2012 in the amount of $47,657.50 was previously submitted and approved; making the previously authorized contract amount for the project $374,220.50. This change order includes the out -of -scope services that were provided between September 1, 2012 and March 4, 2011 DESCRIPTION OF OUT -OF -SCOPE SERVICES At the request of C.W. Driver, Leighton has provided ongoing geotechnical services for the subject project. Several tasks were performed that were not included in the original scope of work between September 1, 2012 and March 4, 2013 for the project and are considered out -of -scope tasks. Brief descriptions of the out -of -scope tasks that were performed are provided below: 17781 Cowan n Irvine, CA 928146009 949.250.1421 a Fax 949. 250.1114 a wwwAightonconsuftina.com • Provided analysis and laboratory testing services for structural soil planting mix which included tests for permeability, maximum density and optimum moisture content, sieve and hydrometer, and organic content. • Performed the review of plans, analysis, laboratory testing and recommendations for the temporary structural shoring support for the San Miguel Bridge construction. Laboratory testing included tests for shear strength, maximum density and optimum moisture content. • Provided geotechnical services for the exploration of the Water Quality Detention Basin 3 that was not functioning properly after rain event. Services included observation and sample collection, laboratory testing, analysis, and preparation of memorandum documenting findings. • Attended meetings, performed review of project documents and provided witness representation for deposition associated with Anderson Drilling, FEES AND TERMS The out -of -scope services described above were provided on a time- and - material basis in accordance with our revised 2010 Professional Fee Schedule for the Newport Beach Civic Center and Park Project included in the previously executed professional services agreement between City of Newport Beach and Leighton Consulting, Inc. for the project. The fees for the out -of -scope services described above are Twelve Thousand Nine Hundred Seventy Five Dollars and Fifty Cents ($12,975.50). A breakdown of the fees for the out -of -scope services described above is attached with this change order. 2 d �x 602184 -008 If you have any questions regarding this change order request, please do not hesitate to contact this office. We appreciate this opportunity to be of continued service. Respectfully submitted, LEIGHTON CONSULTING, INC. J ey. Pflueger, PG, CEG Project Geologist Edward L. Burrows, PG, CEG Senior Principal Geologist JMP /ELB /gv Attachment: Breakdown of fees for out -of -scope services Distribution: (1) Addressee (1) C.W. Driver, Attention: Mr. William Hahn Leighton Consulting, Inc. 1 %,:1s '*finY,RO F,WMVAbv March 25, 2013 City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Mr. Steve Badum Project No. 602184 -008 Subject: Change Order No. 3 for Out -of -Scope Geotechnical Services During Construction of Newport Beach Civic Center and Park Project 1100 Avocado Avenue, Newport Beach, California INTRODUCTION In accordance with the request of C.W. Driver, Leighton Consulting, Inc. (Leighton) has prepared this change order for out -of -scope geotechnical services provided during construction for the completion of the Newport Beach Civic Center and Park Project located at 1100 Avocado Avenue in the city of Newport Beach, California. This change order is based on services that were provided at the request of C.W. Driver that were not included in the original scope of work for the project, and discussions with representatives from C.W. Driver and the City of Newport Beach. A separate change order dated August 31, 2012 in the amount of $47,657.50 was previously submitted and approved; making the previously authorized contract amount for the project $374,220.50. Change Order No. 2 dated March 4, 2013 in the amount of $12,975.50 out -of -scope services provided between September 1, 2012 and March 4, 2013 was previously submitted; however, it is our understanding that it will be routed for review and approval along with this current Change Order No. 3. This current change order includes the out -of -scope services associated with the evaluation of the distressed flexible pavement at the project site that were provided between March 7, 2013 and March 22, 2013. YY➢[LS�I�I:3 DESCRIPTION OF OUT-OF-SCOPE SERVICES Several tasks associated with the evaluation of the distressed flexible pavement at the project site were performed. Brief descriptions of the out -of -scope tasks that were performed are provided below: • Representatives from Leighton attended a field meeting on March 7, 2013 with representatives from C.W. Driver and Park West Landscape, and separately on a subsequent day to observe the condition of the flexible pavement that was constructed at the site. • Performed field sampling of the flexible pavement with the intent to perform laboratory testing on the recovered samples. • Performed a review of project documents including the project specifications, developed a plan to test the constructed flexible pavement for quality control in conformance with the project specifications, performed analysis of the findings, and prepared a memorandum documenting findings and conclusions regarding the flexible pavement constructed at the site. FEES AND TERMS The out -of -scope services described above were provided on a time- and - material basis in accordance with our revised 2010 Professional Fee Schedule for the Newport Beach Civic Center and Park Project included in the previously executed professional services agreement between City of Newport Beach and Leighton Consulting, Inc. for the project. The fees for the out -of -scope services described above are Six Thousand Nine Hundred Two Dollars and Fifty Cents ($6,902.50). A breakdown of the fees for the out -of -scope services described above is attached with this change order. 2 i e 1ci�hI 602184 -008 If you have any questions regarding this change order request, please do not hesitate to contact this office. We appreciate this opportunity to be of continued service. Respectfully submitted, LEIGHTON CONSULTING, INC. J ey�. Pflueger, PG, CEG Project Geologist Edward L. Burrows, PG, CEG Senior Principal Geologist JMP /ELB /Ir Attachment: Breakdown of Fees for Out -of -Scope Services Distribution: (1) Addressee (1) C.W. Driver, Attention: Mr. William Hahn i dC t m i,,. %� 4 �.i �, Y i. EXHIBIT B SCHEDULE OF BILLING RATES Leighton Consulting, Inc. Page B -1 Leighton Consulting, Inc. Newport Beach Civic Center and Park Project - Project No. 602184 -008 Change Order for Out -of -Scope Geotechnical Observation and Testing Services dated March 1, 2013 Breakdown of Fees for Out -of -Scope Services: Laboratory Testing of Structural Soil Planting Mix ($1,230.50) 4.5 hrs @ $1351hr = $607.50; Laboratory Testing = $623 • San Miguel Bridge Temporary Shoring Laboratory Testing and Analysis ($4,240) 17 hrs @ $135 /hr = $2,295; 18 hrs @ $75 /hr = $1,350; Laboratory Testing = $595 e Detention Basin #3 Exploration, Laboratory Testing, and Analysis ($2,307.50) 13.5 hrs @ $135 /hr = $1,822.50; Laboratory Testing = $485 • Meetings, Review, and Witness Representation for Deposition ($5,197.50) 38.5 hrs @ $135 /hr = $5,197.5 Total: $12,975.50 Leighton Consulting, Inc. Newport Beach Civic Center and Park Project - Project No. 602184 -008 Change Order for Out -of -Scope Geotechnical Observation and Testing Services dated March 22, 2013 Breakdown of Fees for Out -of -Scope Services: Field Meeting on March 7, 2013 and Additional Site Visits ($1,432.50) 9.5 hrs @ $135/hr = $1,282.50; 2 hrs @ $75 /hr = $150 Field Sampling of Flexible Pavement ($1,080) 8 hrs @ $135/hr = $1,080 Review, Analysis, and Preparation of Project Memorandum ($4,390) 31 hrs @ $1351hr = $4,185; 1 hr @ $205 /hr Total: $6,902.50 v AMENDMENT NO. ONE TO / PROFESSIONAL SERVICES AGREEMENT I WITH LEIGHTON CONSULTING, INC. FOR r� NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SOIL TESTING AND INSPECTION SERVICES t THIS AMENDMENT NO. ONE TO AGREEMENT FOR PROFESSIO V SERVICES ( "Agreement ") is made and entered into as of this _day of SeptA 2012 ( "Effective Date') by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ( "City "), and Leighton Consulting, Inc., a California corporation ( "Consultant "), whose address is 17781 Cowan, Irvine, California 92614, and is made with reference to the following: RECITALS A. On June 22, 2010, City and Consultant City and Consultant entered into a Professional Services Agreement ( "Agreement ") to provide geotechnical observation and testing services, such as soil testing and inspection services for the Newport Beach Civic Center and Park Project ( "Project "). B. City desires to enter into this Amendment No. One to increase the scope of work and increase the total compensation. C. City and Consultant mutually desire to amend this Agreement, as provided below. D. City desires to enter into this Amendment No. Two to extend the term of the Agreement to June 30, 2013, increase the scope of services to be performed, increase the compensation to Consultant, and update the insurance requirements, as provided below. E. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended in its entirety and replaced with the following: The term of the Agreement shall commence on the Effective Date, and shall terminate on June 30, 2013, unless terminated earlier as set forth herein. . 2. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be amended and supplemented to add the services described in the Change Order for Out -of -Scope Geotechnical Services dated August 31, 2012 ( "Change Order'), which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Change Order at Leighton Consulting, Inc. its sole discretion. Exhibit A of this Amendment No. One shall be in addition to Exhibit A of the Agreement dated June 22, 2010. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Seventy Four Thousand Two Hundred Twenty Dollars and 50 /100 ($374,220.50) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4. INSURANCE REQUIREMENTS Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Leighton Consulting, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A California municipal corporation Date: q I%u)12 Date: ��1 �-�� •, n , By: 2MABy: Aaron C. Harp Dav iff City Attorney City Manager Attachments: document2 CONSULTANT: Leighton Consulting, Inc., a California orpo, ation Date: C��Z�r7r,?i7� By: 7 T Kris Lutton - Senior Vice President Date: 2,�w C� By. erry M. Brennan Chief Financial Officer [END OF SIGNATURES] Exhibit A: Change Order dated August 31, 2012 Exhibit B: Schedule of Billing Rates or Progress Payments Exhibit C: Insurance Requirements - Professional Services Leighton Consulting, Inc. Page 3 EXHIBIT A SERVICES TO BE PERFORMED CHANGE ORDER Leighton Consulting, Inc. t :� Leighton and Associates, Inc. A LEIGHTON GROUP COMPANY August 31, 2012 City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Mr. Steve Badum Project No. 602184 -008 Subject: Change Order for Out -of -Scope Geotechnical Services During Construction of Newport Beach Civic Center and Park Project 1100 Avocado Avenue, Newport Beach, California INTRODUCTION In accordance with the request of C.W. Driver, Leighton Consulting, Inc. (Leighton) is pleased to present this change order for out -of -scope geotechnical services provided during construction for the completion of the Newport Beach Civic Center and Park Project located at 1100 Avocado Avenue in the city of Newport Beach, California. This change order is based on our understanding of the services that were provided at the request of C.W. Driver that were not included in the original scope of work for the project, and discussions with representatives from C.W. Driver and the City of Newport Beach. The previously authorized contract amount for the project is $326,563.00. DESCRIPTION OF OUT -OF -SCOPE SERVICES At the request of C.W. Driver, Leighton has provided ongoing geotechnical services for the subject project. Several tasks were performed that were not included in the original scope of work for the project and are considered out-of -scope tasks. Brief descriptions of the out -of -scope tasks that were performed are provided below: 17781 Cowan ■ Irvine, CA 92614 -6009 949.250.1421 ■ Fax 949.250.1114 ■ www.leightongroup.00m 602184 -008 • Provided services for the abandonment of four (4) onsite groundwater monitoring wells prior to the mass grading operations. • Prepared a report documenting the geotechnical review of Anderson Drilling exhibit showing areas of unanticipated coring during the drilling of soldier piles for the permanent shoring wall along MacArthur Boulevard. Also attended various meetings. • Provided geotechnical observation and testing services for the extended schedule for the construction of the permanent shoring wall along MacArthur Boulevard. • Provided geotechnical services for the construction of the Water Quality Detention Basin 3 (weir walls), which included the review of plans and preparation of a project memorandum that provided geotechnical recommendations. • Performed a subsurface field exploration for the San Miguel bridge foundations. • Performed the review of plans, analysis, and preparation of three (3) project memorandums that provided geotechnical recommendations for the San Miguel bridge foundations. • Provided observation and testing services for the construction of the San Miguel Bridge foundations. • Provided geotechnical observation and testing services for the preparation of the crane pad located in the north park (Saturday). FEES AND TERMS The out -of -scope services described above were provided on a time - and - material basis in accordance with our revised 2010 Professional Fee Schedule for the Newport Beach Civic Center and Park Project included in the previously executed professional services agreement between City of Newport Beach and Leighton Consulting, Inc. for the project. The fees for the out -of -scope services described above are Forty Seven Thousand Six Hundred Fifty Seven Dollars and Fifty Cents ($47,657.50). A breakdown of the fees for the out -of -scope services described above is attached with this change order. 6 P/ Leighton 602184 -008 If you have any questions regarding this change order request, please do not hesitate to contact this office. We appreciate this opportunity to be of continued service. Respectfully submitted, LEIGHTON CONSULTING, INC. J ey . Pflueger, PG, CEG Project Geologist Edward L. Burrows, PG, CEG Senior Principal Geologist JMP /ELB /Ir Attachment: Breakdown of fees for out -of -scope services Distribution: (1) Addressee (1) C.W. Driver, Attention: Mr. William Hahn ♦� 3 Leighton EXHIBIT B SCHEDULE OF BILLING RATES OR PROGRESS PAYMENTS Leighton Consulting, Inc. Leighton Consulting, Inc. Newport Beach Civic Center and Park Project - Project No. 602184 -008 Change Order for Out -of -Scope Geotechnical Observation and Testing Services dated August 31, 2012 Breakdown of Fees for Out -of -Scope Services: • Well Abandonment ($7,410) 8 hrs @ $135 1hr = $1,080; outside services (drill rig) _ $6,330 • Preparation of report documenting review of Anderson Drilling exhibit ($6,750) 50 hrs @ $1351hr = $6,750 o Extended schedule for construction of permanent shoring wall ($13,800) 60 hrs @ $951hr = $5,700; 60 hrs @ $1351hr = $8,100 e Geotechnical services for Water Quality Detention Basin 3 ($3,330) 12 hrs @ $75/hr = $900; 18 hrs @ $1351hr = $2,430 o San Miguel Bridge - field exploration ($2,490) 10 hrs @ $1351hr = $1,350; outside services (backhoe) _ $1,140 o San Miguel Bridge -plan review, analysis, recommendations ($4,320) 32 hrs @ $135/hr = $4,320 o San Miguel Bridge - geotechnical services during construction ($6,950) 20 hrs @ $75 /hr = $1,500; 50 hrs @ $95 /hr = $4,750; 20 hrs @ $135/hr = $2,700 o Geotechnical services for crane pad construction at north park ($607.50) 3 hrs @ $112.50/hr (overtime rate) _ $337.50; 2 hrs @ $135/hr = $270 Total: $47,657.50 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of 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 each accident. 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, Leighton Consulting, Inc. or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any Leighton Consulting, Inc. Page 2 insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Leighton Consulting, Inc. Page 3 CERTIFICATE OF INSURANCE CHECKLIST (Cfty of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10/9/12 Dept. /Contact Received From: Tania Date Completed: 10/12/12 Sent to: Tania By: Renee Company /Person required to have certificate: Leighton Consulting, Inc. Type of contract: All Other GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/14/12 to 2114/13 A. INSURANCE COMPANY: Lexington Insurance Company B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): INSURANCE COMPANY: Travelers Property Casualty Co Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000/$2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does ® Yes ❑ No not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed $1,000,000 Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it N/A included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured HIRED AND NON -OWNED AUTO ONLY: is not limited solely by their negligence) Does endorsement H. include "solely by negligence' wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 2/14/12 to 2/14/13 A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A- : VII or greater) A +; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 9/1/12 to 9/1/13 A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A-: VII or greater): A +; XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $11M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? IZ Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: rte"' '�rr g'- r✓e*'Gr",�.� 10/12/12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non - admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ 1 ❑ N/A ® Yes ❑ No Reason for Risk Management approval /exception /waiver: Lexington is a Non - Admitted Carrier — Approved by CherVI Anderson on 10111/12. Approved: Risk Management Date * Subject to the terms of the contract. Client#: 1257049 305LEIGHGRO ACORDm CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 8/28/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BBBT Insurance Services of Orange County 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 NAMEACT Kathy Waters PHONE No XI: 1 714 578.7238 Fes` Alf E AIC No: ADDRESS: KWaters @bbandt.com INSURE AFFORDING COVERAGE NAICp ty Ca INSURER A: Travelers Property Casualty Co 25674 INSURED Leighton Consulting Inc 17781 Cowan Ste. 100 INSURER B: NSURER C: S COMMERCIAL GENERAL UABIUTY Irvine, CA 92614 -6009 INSURER D: INSURER E, INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 CONTRACTOR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUEIR IN WVO POLICYNUMBER PO CY EFF (MyroorrYwi POLICY EXP LIMITS GENERALLIABIUTY EACH OCCURRENCE S COMMERCIAL GENERAL UABIUTY PREM,ISES EBEau�enrel �5 MED EXP (Any one person) 5 CLAIMSMADE F—I OCCUR PERSONAL B ADV INJURY S GENERAL AGGREGATE $ _ _ PRODUCTS. COMPIOP AGO GATLIMIT APPLIES PER: GENL AGGREGATE $ � POLICY I I JEPRCf 71 LOC AUTOMOBILE LIABILITY COMSINED SINGLE UMIT Ea accident S BODILY INJURY (Per person) 5 ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) 5 NONOWNED HIREDALROS AUTOS PROPERTY DAMAGE Per soddem S 5 UMBRELLA UAB OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAB CLAIMSWADE DED RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIAeILITY Y/ N ANY PROPRIEIORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? � NIA X PJUB7151C20312 9/01/2012 09/01/201 X We sTATU -. or H. T E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE S1,000.000 (Mandatary In NH) Ryes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE. POLICY LIMn 511000,000 _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Waiver of Subrogation applies as required by valid contract as included within Traveler's Waiver of Our Right to Recover from Others Endorsement - California WC990376(A), as attached and as included within the Workers Compensation Policy. Re: Proj #602184 N.B. /CityHaIIBldg /Geo, Newport Beach (See Attached Descriptions) (LC)City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 ACORD 25 (2010105) 1 of 2 #S9152200/M9151531 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE @ 19B8 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LXMCN DESCRIPTIONS (Continued from Page 1) 1 Waiver of Subrogation to include per above specifications: The City of Newport Beach, is officers, agents, employees and volunteers. SAGITTA 25.3 (2010105) 2 of 2 #59152200/M9151531 M TRr�bELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 9903761 A)- POLICYNUMBER: PJUB7151C20312 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any person or organization for which the named insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09101112 Policy No. PJU137151C20312 Endorsement No. Insured Leighton Group Inc, Leighton B Associales Inc Premium Leighton Consulting Inc Insurance Company Countersigned by �`�- ^•° °- _ Travelers Properly Casually Co - DATE OF ISSUE: 09/01112 ST ASSIGN: Page 1 of 1 Client#: 1257049 305LEIGHGRO ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ODl1'WYI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 2114/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Kathy Waters BBBT Insurance Services PHONE 714 578.7238 FAO AIC, NO Exl: A/C No: of Orange County ADDARIESS, KWaters @bbandt.com 680 Langsdorf Drive Suite 100 02114/2013 OCCURRENCE Fullerton, CA 92831 INSURER(S) AFFORDING COVERAGE NAIC N INSURERA: Lexington Insurance Company 19437 INSURED INSURER B: Travelers Property Casualty Co 125674 Leighton Consulting Inc $50000 17781 Cowan Ste. 100 INSURER C Irvine, CA 92614 -6009 INSURER D sExcluded PERSONAL S AOV INJURY 51,000,000 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 CONTRACTOR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT RR TYPE OF INSURANCE INSft.UB POLICY NUMBER POLICY IIYrn MMIODYEXP LIMITS A GENERAL LIABILITY 065463440 0211412012 02114/2013 OCCURRENCE S1 000000 X COMMERCIAL GENERAL LIABILITY EEpAAqCCMH PREMISESOEaEOrN.currenco $50000 CLAIMS -MADE ExIOCCUR MED EXPAny one person) sExcluded PERSONAL S AOV INJURY 51,000,000 GENERAL AGGREGATE 52 000 ,,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000000 POLICY X PR° Fx-1 LOC Overall Policy General Aggregate $$5,000,000 B AUTOMOBILE LIABILITY 81003051-814TIL12 02/14/2012 02114/201 Ea COMBINED B tlISINGLE LIMIT s1,000,000 X BODILY INJURY (Per person) S ANY AUTO ALLOWNEO SCHEDULED AUTOS AUTOS BODILY INJURY (Per cockerel X PROPERTY -DAMAGE Per accident S HIRED AUTOS X NON -OWNED AUTOS 5 A X UMBRELLA UA9 OCCUR 006546318 2/14/2012 02/14/2012 EACH OCCURRENCE s5,000,000 AGGREGATE S5,000,000 EXCESS LIAR CLAIMS -MADE DIED I X RETEWIOMS1000O S I I WORKERS COMPENSATION WCSTATU- OTH. IT, AND EMPLOYERS' LWBLIIY YIN ANY PROPRIETORIPARTNERIEXECUTVE OFFICERIMEMSER EXCLUDED] NIA EL. EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYEE S (Mandate, in NH) If yes, describe enter DE SCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I S _ A Prof /Pollutn Liab 013001524 02114/2012 02/14/201 $2,000,000 Per Claim Claims Made $4,000,000 Ag $25000Ded DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schodulo, If more space Is requlrod) Additional Insured applies on General Liability per Lexington's Additional Insured Owners, Lessees or Contractors endorsement LX9604 10/01 and LX9605 10101 attached to the General Liability policy as required by written contract. Primary wording applies to General Liability per Lexington's endorsement LX9838 08/05 attached to policy. (See Attached Descriptions) (LC)City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 ACORD 25 (2010105) 1 of 2 #S8186630/MB176656 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LXMCN DESCRIPTIONS (Continued from Page 1) Additional Insured applies on Automobile Liability per Traveler's Additional Insured endorsement CAT301 02199 attached to the Automobile policy as required by written contract. Re: Proj #602184 N.B. /CityHall Bldg /Geo Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. Waiver of Subrogation applies on General Liability per Lexingtons Blanket Waiver of Subrogation LX0485 11103 attached to the General Liability policy as required by written contract. Waiver of Transfer Rights of Recovery Against Others to Us applies on Automobile Liability per Travelers endorsement CAT340 08/08 attached to the Automobile policy as required by written contract. SAGITTA 25.3 (2010/05) 2 of 2 #S8186630/M8176656 POLICY NUMBER: 065463440 ENDORSEMENT # COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (LC)City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92658 -0000 Re: Proj #602184 N.B. /CityHallBldg /Geo Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the 'products- completed operations hazard ". CG 20 37 10 01 4 ISO Properties, Inc., 2000 Page 1 of 1 LX9604 POLICYNUMBER: 065463440 ENDORSEMENT# COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (LC)City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92658 -0000 Re: Proj #602184 N.B. /CityHallBldg /Geo Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to 'bodily injury" or 'property damage" occurring after: CG 20 10 10 01 ISO Properties, Inc., 2000 LX9605 (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 1 of 1 POLICY NUMBER: 8100305L814TIL12 COMMERCIAL AUTO ISSUE DATE: 02/14/12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraphs a, or b. of that provision, subject to the following additional provisions: Person or Organization (LC)City of Newport Beach Re: Proj #602184 N.B. /CityHaIIBldg /Geo Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. 1. No liability is assumed by that person or organi- zation for the payment of any premiums stated in the policy or earned under the policy. 2. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. Address 3300 Newport Blvd Newport Beach,CA 82658 -0000 CA T3 01 02 99 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 AM 02/14/2012 Forms a part of policy no.: 065463440 Issued tw LEIGHTON GROUP, INC. By:LEXINGTON INSURANCE COMPANY CANCELLATION AMENDMENT In consideration of the premium charged, it is hereby agreed that the cancellation provision is amended to 90 days in lieu of (30) days, except for non - payment of premium Mich remains (10) days. 'i All other terms and conditions remain unchanged. Authorized Representative OR Countersignature (In states where applicable) Lx9566 (02103) ENDORSEMENT This endorsement, effective 12:01 AM 02/1412012 Forms a part of policy no.: 065463440 Issued to:LEIGHTON GROUP, INC. By:LEXINGTON INSURANCE COMPANY PRIMARY/NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non - contributing. All other terms and conditions of the policy remain the same. t Authorized Representative OR Countersignature (In states where applicable( LX9838108105) , cm�v r:u• ENDORSEMENT This endorsement, effective 12:01 AM 02/14/2012 Forms a part of policy no.: 065463449 Issued to:LEIGHTON GROUP, INC. By :LEXINGTON INSURANCE COMPANY 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 person or organization More the insured has waived liability of such person or organization as part of.a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence' or offense. All other terms and conditions remain unchanged C . Authorized Representative OR Countersignature fin states where applicable) LEXQCC 234 (11103) LX04ea COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wrth respect to coverage provided by this endorse- required of you by a written contract executed ment, the provisions of the Coverage Form apply prior to any "accident" or "loss", provided that the unless modified by the endorsement. "accident' or 'loss" arises out of the operations t he CONDITIONS section contemplated by such contract. The waiver ap- Against Others To Us of t Paragraph 5. Transfer Rights Of Recovery plies only to the person or organization desig- is replaced by the following: nated in such contract. 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent m= o= o= a= o= CA T3 40 08 08 Q 2008 The Travelers Companies, Inc. Page 1 of 1 004887 Client#: 1257049 305LEIGHGRO ACORDm CERTIFICATE OF LIABILITY INSURANCE DA 8//28/2012 28 /2012 Y, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED - REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BB &T Insurance Services of Orange County 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 NAME "LT Kathy Waters PHONE 714 578 -7238 FAX ac Nq Eat: INC. No: ADDRESS: I KWaters @bbandt.com INSURER(5)AFFORDING COVERAGE NgICR INSURER A: Travelers Property Casualty Co 25674 INSURED Leighton Consulting Inc 17781 Cowan Ste. 100 INSURER B INSURER C: Irvine, CA 92614 -6009 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 CONTRACTOR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF ADDLSUBR IS MD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIODNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES aoccurrence $ CLAIMS-MADE F1 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEN -L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY T LOC JEC E S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea eccltlenl $ BODILY INJURY (Per person) S ANY AUTO ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per acc -dent) 5 PROPERTY DAMAGE Per acddenl S NON-OWNED HIRED AUTOS AUTOS S UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CLAIMSMADE DED I I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER /E %ECUTIVE Y/N OFFICEMMEMBER EXCLUDED? N NIA X PJUB7151C20312 D910112012 09/011201 X WC STATU- OTH- PR S100D000 EL EACH ACCIDENT EL. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) If esae untltt RIPTION OF OPERATIONS W. E.L. DISEASE - POLICY UX41T 51,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Waiver of Subrogation applies as required by valid contract as included within Traveler's Waiver of Our Right to Recover from Others Endorsement - California WC990376(A), as attached and as included within the Workers Compensation Policy. Re: Proj #602184 N.B. /CityHallBldg /Geo, Newport Beach (See Attached Descriptions) (LC)City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 ACORD 25 (2010/05) 1 of 2 #S9152200/M9151531 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LXMCN DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation to include per above specifications: The City of Newport Beach, is officers, agents, employees and volunteers. SAGITTA 25.3 (2010!05) 2 of 2 #S9152200/M9151531 1 PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SOIL TESTING AND INSPECTION SERVICES .THIS AGREEMENT is made and entered into as of this ?r day of TU4 , 2010, 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 ( "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 design and prepare environmental documentation for the Newport Beach City Civic Center and Park Project. C. City desires to engage Consultant to perform geotechnical observation and testing services, such as soil testing and inspection services for the Newport Beach City Civic Center and Park Project ('Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Vivian Cheng. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30" day of September, 2012, unless terminated earlier as set forth herein. L�7? I CO 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 time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Twenty - Six Thousand, Five Hundred Sixty -Three Dollars and no1100 ($326,563.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. Professional Services Agreement Page 2 E 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. 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. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 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 VIVIAN CHENG to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. FONG TSE, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative Professional Services Agreement Page 3 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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. Professional Services Agreement Page 4 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, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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 the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of 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 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. Professional Services Agreement Page 5 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Consultant's employees in accordance with the laws of the State of Professional Services Agreement Page 6 California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant'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 (10 calendar days written notice of non - payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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 $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City Professional Services Agreement Page 7 to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. 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 otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of Professional Services Agreement Page 8 establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 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. 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. 19. 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. 20. 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. Professional Services Agreement Page 9 21. 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. 22. 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. 23. 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 the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants In connection with the Project. 25. 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 Professional Services Agreement Page 10 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. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third 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:Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3321 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Vivien Cheng Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 Phone: 949 - 253 -9836 Fax: 949 - 250 -1114 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 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, and thereafter diligently take steps to cure the default, the non - defaulting party may Professional Services Agreement Page 11 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 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. 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. 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. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. Professional Services Agreement Page 12 34. 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. 35. 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. 36. 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. 37. 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. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: yn . B a champ, Assistant Cit torney ATTEST: By 4 r rl �• /`� Leilani I. Brown, City Clerk Attachments: CITY OF NEWPORT BEACH, A Municipal Corporation By: Keith D. Curry, Mayor / CONSULTf49Y1"�/EI TO CONSUL G I By: Kris u Senior Vice President By:- L�i�l� Terry M. Brei nan, Chief Financial Officer of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 13 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES Scope of Work Our scope of work outlined below is based on our understanding of the project according to the current available civil and grading plans, the construction schedule prepared by CW Driver dated April 14, 2010, and our knowledge of the site. Shoring and structural plans were not available at the time or proposal preparation. ■ Geologic Mapping During Mass Excavation and Buttress and Keyway Construction Bedrock of Monterey Formation was encountered throughout the project site. Adverse bedding conditions were encountered along the proposed retaining wall adjacent to MacArthur Boulevard and also in other areas of the site. During mass grading, a field geologist from Leighton will be on -site providing observation of the backcut and geologic mapping with particular attention to the presence of clay beds and seams within the bedrock to ensure the exposed geologic features are consistent with the assumptions in the report. ■ Observation & Testing During Mass Excavation During mass excavation and construction of the buttresses and keyways, a Leighton technician will be on -site providing observation and testing services. We will observe the exposed subgrade to ensure it is consistent with our findings within the exploration borings, and ensure the competency of the subgrade condition prior to placement of fill. Density test will be performed on the compacted fill for compliance with the soils report and project specifications. ■ Shoring Wall Installation & Tie -Back Monitoring & Testing A permanent tie -back wall is proposed to be constructed along MacArthur Boulevard. We will provide full -time observation during excavation and installation of solder beams and tie -back anchors. We will also be on site full -time during tie -back anchor testing. ■ Observation and Testing During Grading of City Hall, Parking Structure, Library Expansion A technician will be on -site providing observation and testing services during building footing excavation and building slab subgrade preparation. ■ Observation & Testing for Sitework We will provide observation and testing services during the following activities: Removal and recompaction of unsuitable material and fill placement during grading; Trench backfill for wet and dry utility lines (storm drain, sewer, area drain, water, gas and irrigation etc); a Retaining wall footing excavation and subgrade preparation; Leighton Consulting 8 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES Construction of pavement, hardscapes, curb and gutter, aggregate base, asphalt concrete, and decomposed granite walkways. ■ Laboratory Testing We will perform laboratory testing as- needed to determine the moisture- density relationships of soils used as structural compacted fill; shear strength characteristics of the materials for use in stability analyses (if needed); R -value to confirm the design of pavement sections; pH, minimum resistivity, chloride, and sulfate content to evaluate soil corrosivity; Sand Equivalent of representative materials that will be used for wall backfill: and Expansion Index to evaluate the expansive characteristics of soil. ■ Agricultural Soil Sampling and Testing Soils samples will be collected from the site during construction for agricultural testing. Similar to the protocol during the design phase, we will collect soils samples at the location and depths as specified by the project landscape architect. The number of samples will also be specified by the landscape architect. For budgeting purposes we have included 100 samples for this scope of work. Additional samples will be charged on a time and expense basis per the rate on the cost proposal breakdown. Samples will be prepared and delivered to Wallace Soil Laboratory for agricultural soil testing, which will include the following: • Chemical properties including essential and non - essential potentially toxic elements; • pH; • Salinity; • Soluble chloride in saturation extract; • Soluble boron in saturation extract; • Sodium absorption ratio; Presence of limestone; o Physical soil properties including sand, silt and clay; Organic matter content based on organic carbon and total nitrogen. ■ Grading Reports Prepare one rough grade /pad certification report for each of the following structures: • City Hall Building (one report to include Bay A through F); • Parking Structure; • Council Chamber; and • Library Expansion. Leighton Consulting 9 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES One final grading report will be prepared upon completion of grading, which includes the above, and all the sitework, such as pavement, retaining walls, pedestrian bridges, concrete flatwork, and utilities. ■ Project Team Meeting, Engineering Support and Consultation We will attend project team meetings, provide engineering consultation, evaluation and analyses, as necessary. Assumptions 1. The project will be subjected to Prevailing Wage Law. 2. Fee does not include archaeological /paleontological monitoring. 3. All work is performed during regular business hours and on weekdays. Overtime and weekend premiums are not included. 4. All laboratory work performed is assumed regular turn around time. No "rush" premium is included. 5. There are many factors, such as contractors' schedule and operation, agency requirements, weather conditions, and type of material used for backfill that may affect the total fee and are beyond Leighton Consulting's control. Our fee estimate is based on normal working conditions based on the construction schedule provided at the time of writing for your budgetary purposes. We propose that our actual fees be accumulated on a time - and - materials basis per our attached Professional Fee Schedule. 6. Changes to the drawings and /or specifications and updates to the construction schedule may affect our scope and budget. Observation and testing not referenced in our estimated budget will be charged in accordance with our fee schedule in effect at the time other work is initiated. No consideration is given for overtime. Schedule Leighton Consulting is prepared to begin our work immediately upon receipt of your signed authorization to proceed. We would appreciate at least 72 hours advance notice for scheduling of field personnel at the commencement of construction; work thereafter may be scheduled with 24 hours notice. Safety Site safety is important to Leighton. Therefore, we will notify the contractor's site representative, and /or your field representative if /as directed by you for a given project, whenever we are on site, upon arrival. Although site safety is the responsibility of the contractor, we will work with the construction team to achieve a safe work environment. All of our personnel are provided with conventional and customary personal protection for construction sites, including hard hats, safety glasses, safety gloves and orange vests. Leighton Consulting I to PROPOSAL FOR m ::PORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES Cost Proposal Sr Pnnclvol Erg'.." 6O .1.1 Roto /Hour' E 247 5unwwoim SaNOrSUn Engine r .1Jneer /pewopffr S 135 f 95 sell Inennip'. f 75 epo /ers E 105 wory nrrueaelnc f 74 teoomrory le :unu Le,Fmm� Owenn1 11. ra mismm� •amr r <e Pam' Shoring Plan Revew list and 2nd Su0mittop 4 14 1g E 2,818.00 landscape Plan Review fist and 2nd Sabmltlnq 4 14 18 E 2.878.00 A. needed Plan/ Specs Ravlow and Approval SuOMaI B 30 58 3U 8 4050.00 9,808.00 Rough Grade 6xpon to Top of Parking Structure 50 50 $ 4750.00 Soldier Pltes, Tie Back& Lodging lnnnllgticn 320 320 S 30,400.00 Nanu,nevation for Building 120 120 S 11,400.00 Mass47rading Report SuMa+al .., 40 _ -40_ -- 30 500 8 8 n a 62 552 S 7.466.00 E 54,038.00 Rough Grading/ cut Benches SBO inn 80 401 120 E 10.600.00 Retaining wall Foundation Exorral(n 8 8 E 760.00 Pctpiningwan Waterpmpfing. SVbtlmins. enck6ll Setnobal: :, 20 109 40 20 5 1.900.00 148 f 1].260.00. Welland Clear &Grub 20 I, I 20 $ 1.800.00 wadand Rough Grade SuMetal °20 40 40 40 60 S 3.000,00 f 4,900.00 u uti I 's•J r �i'.ii F Rough Gmtle to Building Pad 80 80 E 8,000.00 Rough Grading /Pad CeNRCOIIen RapOR 9dbtomh�;,, 30 30- 10 10 10 80 - J toy 4 4 54 134 E 6.34600 $ 12.348.00 r Drilling &Vl Back 120 3201 S 11.400.00 Footing Facavatldn &Green Seem 10 10 5 950.00 Proni for Slao -on Green 8 B E 60000 Underground Plumbing &EIeNIWI Trenchpn Rough Grading/ Pad Certification Report Subtplsl 30 - _.._ ..10 30 140.^ 20 _ _. _,,, n 28 4 n 4 20 S 1.500.00 48 8 5716.00 206 S 20,166.00 Drilling &TIe Back 480 480 E 451600.00 Fooling& aria Beprn 60 S 5.700.00 Propere0on for Sianon -Gmtle 40 I 4U S 3.000.00 Recompact BncNilll &Remmpea fi0 GO S 4.500.00 Underground Plumbing& Electrical Trenches 1"'. 20 20 5 1.500.00 Rough Grading/ Pad Unificaudon Repo" Subtotal- 30 , 30 11 4 4 2 2 46 706 S 5.568.00 S 65,888.00 Leighton Consulting 1 1 oft PROPOSAL FOR I,c:WPORT BEACH CIVIC CENTER AND PARK PROJECT MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES al Vrintlpnl senipl Pmlen Sernv glen seNar cep /m9 w.,n Pm.", .... r.O W.emg 1L'(vlO" I teeerp mnntueneMl E°yn°vr /C°NVg¢I Englnver Lnglnver /Geplpgl5l Ie[nnicive ravnnal nm Rate/H..t r f 247 S 135 f 95 f 75 f 105 f 74 I ..9 Sa �,8'r,- )tit, m�ii55wv Drilling &Tip Back BO 801 £ 7,000.00 Fooling Emavmlbn &Grano flee. 10 � _ 30 s 950.00 ounlar5laborvGmleC a _ 8 5 600.00 Unde Undergound Plumbing &Elntlrical Trenches 10 l0 5 150.00 R9ugn Gading/ Pall Cenill.0a Peron 30 10 4 21 e6 £ 5.568.00 Subtotal 30 100 38 4 2 154 f 15,488,00 Retaining Well, Sol I, I Sol s 8,000.00 Curb& Goner. Sid...N.. Pevgm. oG Walkways 80 80I& 6.000.00 SumOml 380 360 S 12,000.00 yyryry;;pp Agricrlloral Sampling &T.alinge I 34,500_ I> 14,500.00 Smch,ta opsenraal.n & Te,ling ° 80 80 1.600.00 Sabtarel 90 14,500 14 Bo s 2z, 1Gom Maximum D, Cartel, & Malmo, Caterer. Expansion Index (El), Corrosion Suite, Send Equivalent (SE). Groin Slee 4950 5 4.950.00 SuNoml 4,950 0 $ 4,950.00 M , m Sebaueace Explormlon 8 20 25 2,980.00 tabpatory Tarring 3.900 _ 5 3.900.00 Geotecbnial Anplysla 40 20 60 s ),300.00 Gepmchm.1 Report 8 50 20 78I s 10.626.00 Sumpml. B 98 80 I 3,910,0 165 1 24,805.00 Geotechnical Report 8 40 101 4 1 84 1 i 10.832.00 Sulecml' B d0 20 >2 4 84 I f 10,832.00 r Tit MIN 1v, t :: I 7 RFlh. RPCa,ONOC 340 i j 1405 25.400.00 Project Team Meeting Fleld Coordination 100 1001 s 13.500.00 Project M rragemgnt 80 801 s 10,800.00 Submml 415 415 f 58,025.00 p �s y rY,..r . F.i_ Y "1 Nate.. 1.11lls pmlttl h auplecl l° Inv prvvulllnllwvRV Inw. 'f, Inn lee Is bl.[vlleellen non IRling pl f00 agll[ullurel a4il5emplcs. Ptl111114n01 sdl Mmplev wlll pe allle4411M1C soma Inle (I, v.3R].]Ip Ilel 100 Semplea) ]. ASeumingge4 sltNwl algaellpn EV pertprmee ey nel4 mepping vllvlmme grn4ln( ammplple4. On111np,b mllRUlleE Unless lnn e.ws wnaveu si(nrl nnny tlevinl°p llren ear li,gingar Ire (ep [nnivvl Leighion Consulting 12of2 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES Project Team The project team we are proposing incorporates high - caliber expertise and experience with the commitment of local personnel, dedicated to the region where they live and work. This group of professionals is also well- accustomed to working together, having collaborated on many previous contracts, including work similar to that required for the construction of Newport Beach Civic Center. VIVIAN CHENG, PE, GE PROJECT MANAGER • California Geotechnical Engineer- 2874 • California Registered Civil Engineer - 67879 • MEng, Civil (Geotechnical) Engineering, University of British Columbia, Vancouver, BC, Canada, 2000 • BASc, Civil Engineering, University of British Columbia, Vancouver, BC, Canada, 1999 Ms. Cheng has worked on and managed a wide variety of geotechnical projects involving both public and private sector clients and proven record of delivering the projects on time and within budget. Her experience includes transportation, public work facilities, high- rises, institutions, and commercial and residential developments. As a Project Manager she provides management and oversight of the work of other engineers and field technicians. She performs geotechnical engineering analyses, prepares reports, and provides oversight and monitoring of a broad range of geotechnical construction projects and supervises and reviews geotechnical engineering analyses and reports prepared by staff level engineers and field technicians. Her technical expertise includes design of shallow and deep foundation systems, seismic hazard analyses, settlement analyses, reinforced soil structures, slope stability analyses, and ground improvement. Newport Beach Civic Center and Park Project, Newport Beach, CA. Project Manager /Engineer for the proposed civic center and parking structure project. Heavy grading which includes over 30 feet of cut into bedrock adjacent to MacArthur Boulevard will be performed during construction. Shoring will be required to withstand geologic surcharge from bedrock as well as traffic loading on the roadways. Groundwater mitigation measures will be designed as groundwater level was encountered close to the proposed foundation level. Other structures, which include a pedestrian bridge over San Miguel Drive and retaining structures in the proposed dog park will also be part of the project. New Police Station and Emergency Operation Center, Westminster, CA. Project Manager /Engineer for geotechnical and environmental services for the City's new Police Building and Parking structure. Managing geotechnical services during construction, including pile installation and grading. The proposed facility is located within a zone that is susceptible to liquefaction with a very shallow historically high groundwater table. In addition, liquefiable sand layers and compressible clay were present at the site. Thus, a deep foundation system was used to support the building to mitigate both seismically induced settlement as well as compressible settlement. Leighton Consulting 1 12 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES • Donna and John Crean Mariners Branch Library, Newport Beach, CA. Project Manager /Engineer for geotechnical monitoring and testing services during construction. The library is the combined effort of the City of Newport Beach and Newport-Mesa Unified School District. Built between the school and the existing library, the new 15,000 square foot facility is open to both school children and the public. • Sunset Ridge Park, Newport Beach, CA Project Manager /Engineer for the geotechnical investigation and recommendations for the proposed 12 -acre open space park. Located at the intersection of Superior and PCH, the project also included grading and drainage improvements, foundation recommendations, and a seismic hazard assessment. • Police Station, Buena Park, CA. Project Manager /Engineer for geotechnical investigation. The proposed police station will be a two -story on -grade structure that encompasses approximately 33,000 square feet. • Long Beach Airport Parking Structure, Long Beach, CA. Project Manager /Engineer for the four -story parking structure which is currently under construction. Leighton is providing both geotechnical recommendations and observation and testing services for the parking structure. • Fire Station No. 147 Expansion, Lynwood, CA. Project Manager /Engineer for geotechnical investigation for fire station expansion. Also managed soils observation and testing services during construction of the project. Fire Station No. 147 is located within a potential liquefiable zone with historically high groundwater level at 8 feet below the ground surface. In addition to the challenging high groundwater condition, the depth of the liquefiable layers were located at a deep elevation thus causing potentially up to 4 inches of seismically induced settlement during a seismic event. In order to mitigate the potential settlement and damage to the building during a seismic event, caissons connected with grade beams together with a mat type foundation was used for the building. La Vista High School /La Sierra High School, Fullerton, CA. Project Manager and Engineer for the new school during both design and construction phases. The school is currently under construction and Leighton is performing both geotechnical observation and special inspection and materials testing. The geotechnical investigation included subsurface logging and testing of representative soils, to meet the requirements of Department of the State Architect (DSA), the California Building Code (Title 24), and the California Department of Education (CDE) requirements for Public Schools. ■ La Habra High School Improvements and Troy High School Parking Lot, Fullerton, CA. Project Manager and Engineer for design (geotechnical investigation) and construction phases for the proposed improvements. Leighton Consulting 1 13 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES EDWARD BURROWS, PG, CEG, CHG, REA I PRINCIPAL GEOLOGIST m California Professional Geologist - 5622 ■ California Certified Engineering Geologist - 1750 ® California Certified Hydrogeologist - 402 ■ California Registered Environmental Assessor - 04962 ■ CFR 1910.120 OSHA 40 -Hour Training a CFR 1910.120 OSHA 8 -Hour Refresher Training • MS, Geology, California State University, Los Angeles, 1995 • BS, Geology, Oklahoma State University, 1988 Mr. Burrows brings more than 22 years of professional experience, specializing in geologic and environmental investigations and construction observation. He has worked on and managed a wide range of projects including residential, commercial and industrial development, landfills, storm drains, transportation facilities and mining operations. Mr. Burrows has responsibility for and maintains administrative and technical management of projects and directs and supervises the activities of staff toward timely performance and compliance with project requirements. He directs the work of engineers, geologists and technicians in the collection of soil engineering data, performance of calculations and analysis in the preparation of technical reports. Newport Beach City Hall, Newport Beach, CA. Project Geologist for the proposed city hall building and parking structure. Heavy grading which includes over 30 feet of cut into bedrock adjacent to MacArthur Boulevard will be performed during construction for the new city hall and parking structure. Shoring will be required to withstand geologic surcharge from bedrock as well as traffic loading on the roadways. Groundwater mitigation measures will need to be designed as groundwater level was encountered close to the proposed foundation level. Other structures, which include a pedestrian bridge over San Miguel Drive and retaining structures in the proposed dog park will also be part of the project Westminster Police Station, Westminster, CA. Project Geologist for geotechnical and environmental services for the City's new Police Building and Parking structure. The proposed three -story police building will be approximately 90,000 square feet and falls under the jurisdiction of DSA as an essential facility. The proposed facility is located within a zone that is susceptible to liquefaction with a very shallow historically high groundwater table. In addition, compressible clay was encountered below the site. Cast - in -place concrete piles are designed to support the proposed building. Over 400 piles to a depth of approximately 65 feet will be installed at the site. Leighton Consulting 1 14 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 CES SOIL TESTING & INSPECTION SERVI • Sunset Ridge Park, Newport Beach, CA Project Geologist for the geotechnical investigation and recommendations for the proposed 12 -acre open space park. Located at the intersection of Superior and PCH, the project also included grading and drainage improvements recommendations, foundation recommendations, and a seismic hazard assessment. • Police Station, Buena Park, CA. Project Geologist for geotechnical investigation. The proposed police station will be a two -story on -grade structure that encompasses approximately 33,000 square feet. • Fourth District Appellate Court, Santa Ana, CA. Project Geologist for geotechnical investigation including subsurface field investigation, site - specific probabilistic seismic hazard analysis, and data analysis and report. Located in the civic center area of Santa Ana, the proposed new courthouse is a three -story structure with a footprint of approximately 25,000 square feet. • Community Center, Cypress, CA. Project Geologist for a geotechnical investigation for the building expansion, new parking areas and entry plaza. • Ortega Ranch, San Juan Capistrano, CA. Project Manager for large campus of 2 -story office condominiums adjacent to 1 -5 on a hillside site. Services included geotechnical investigation during design and geotechnical observation and testing throughout construction. • Centra Pointe, San Juan Capistrano, CA. Project Manager for multi -story, commercial development. Project included services during design and construction. • Southern California Logistics Airport, Victorville, CA. Project Manager for multiple large warehouses, industrial and commercial buildings at the redevelopment site in Victorville. The project includes both new building and infrastructure support during both design and construction. The work also included precise grading and the construction of numerous "tilt up" industrial buildings. During this phase, Mr. Burrows worked closely with the client to provide observation and testing services as well as foundation recommendations for the construction of the buildings. Industrial Business Park, Carson, CA. As Principal Geologist, Mr. Burrows oversaw the geotechnical investigation and in- grading geotechnical services for a large 200 -acre industrial complex. The work included supervising a staff of engineers, geologists and technicians who performed geologic field mapping, locating and logging exploratory borings and trenches, air photo analysis, interpretation of field data, preparation of reports, geologic maps and cross sections, setting up programs for laboratory testing of samples collected during field investigation, in- grading recommendations for remedial grading, observation and testing during grading and interfacing with the client and appropriate agencies. The project was unique in that the site was an existing oil field with over 100 oil wells on site which required abandonment as well as environmental remediation. Leighton Consulting 1 15 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY a, i070 SOIL TESTING & INSPECTION SERVICES RODGER MORE FIELD OPERATIONS MAIJAGER • Nuclear Soil Gauge Certification • 40 -Hour Hazardous Waste Operations Training (Health and Safety) • BA, Earth Science, California State University, Fullerton, 1980 • AA, Marine Science, Saddleback College, Mission Viejo, California, 1975 • Public Works Construction, Saddleback College, Mission Viejo, CA, 1990 With more than 30 years of construction field experience, Mr. More has extensive experience in large and small public works, commercial, and residential projects. In addition, he has been involved in foundation investigations, laboratory testing, and quality control /assurance supervision. • Regional Fire Operations and Training Center, Orange County Fire Authority, Irvine, CA. Field Operations Manager for observation and testing of earthwork, foundation excavation, utility trench backfills, and perimeter block wall construction. The 16.5 -acre facility includes a 6 -story training tower, 2 -story fire simulation training facility, and a training pavilion with classrooms. • Fire Station #55, Irvine, CA. Field Operations Manager for geotechnical observation and testing during the construction of Fire Station No. 55 in the Orchard Hills area of Irvine. Services included observation and testing for the building, apparatus bay, driveway, parking lot, and curb and gutter. • Fire Station #27, Irvine, CA. Field Operations Manager for geotechnical observation and testing during the construction of Fire Station No. 27 in the Portola Springs area of Irvine. Services included observation and testing for the building, apparatus bay, entry gate, monument sign, freestanding walls, driveway, parking lots, and curb and gutter. • Appellate Court, Santa Ana, CA. Field Operations Manager for subsurface exploration consisting of excavation, logging, and sampling of five hollow -stem auger borings. Field work included collection of Standard Penetration Test, relatively undisturbed ring and bulk samples at selected depth intervals from the hollow stem auger borings, and transporting of the samples to our laboratory for testing. • New Police Operations Center, Westminster, CA. Field Operations Manager responsible for quality assurance, quality control, observation and testing of subgrade soils, aggregate base and the asphaltic concrete (AC). Geotechnical observation services were provided onsite continuously during installation of 500 14- inch - square, pre- stressed, precast concrete driven piles. • Oasis Senior Center, Newport Beach, CA. Field Operations Manager responsible for quality assurance, quality control, observation and testing of subgrade soils, aggregate base and the asphaltic concrete (AC). Leighton Consulting 1 16 2010 PROFESSIONAL FEE SCHEDULE* PROFESSIONAL SERVICES Newport Beach Civic Center and Park Project Technical Staff Hourly Rate TechnicianI .............................................................................................. ............................$83 Project Administrator /Word Processor ..................................................... TechnicianII .............................................................................................. .............................88 ............................105 SeniorTechnician ...................................................................................... .............................95 Laborer(Prevailing Wage) ........................................................................ .............................95 Soil /Field Technician (Prevailing Wage) .................... ............................... ...........................110 / 5 Materials Inspection Manager .................................... ............................... ............................110 Staff Engineer /Geologist/Scientisl/Field Supervisor .... ............................... ...........................115./ g$ Senior Staff Engineer /Geologist/ Scientist .................. ............................... ............................131 ✓ 45 Operations Manager /Equipment Operator ................. ............................... ............................152 ✓ 135 Project Engineer/Geologist/Scientist.. ..................................................... ............................. 152 v 13S Senior Project Engineer / Geologist / Scientist ... .................................. .................................... 168✓ 155 Associate................................................................... ............................... ............................189 Principal..................................................................... ............................... ............................205 SeniorPrincipal .......................................................... ............................... ............................247 Technical Support Staff Hourly Rate Project Administrator /Word Processor ..................................................... ............................$74 InformationSpecialist ................................................. ............................... ............................105 GIS Specialist / CAD Operator ................................... ............................... ............................105 Effective through September 4, 2012, after which remaining work will be billed at then - current rates. 9060 302 - 1 -SP Leighton 17781 Cowan I Irvine, CA 92614 p I 866- Leighton P60101418 Newport Beach Civic Center and Park Project Leighton i 2M Fee Schedule UNIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING Task Classification and Index Properties Method Per Test 8002 Moisture Content ASTM D 2216 $20 8003 Moisture and Density (Ring Samples) ASTM D 2937 30 8004 Moisture Content & Density (Shelby tube or requires cutting) ASTM D 2937 40 8005 Atterberg Limits (3 points) ASTM D 4318 150 8006 Single Poin(/ Non - plastic ASTM D 4318 84 8024 Atterberg Limits (Organic) ASTM D 2487 / 4318 182 8007 Visual classification of point as non - plastic ASTM D 2488 11 8008 Particle Size: Sieve ONLY (1'/,.-inch to #200) ASTM D 422 110 8023 Large Sieve (6 -inch to #200) ASTM D 422/C136 175 8009 Hydrometer ONLY ASTM D 422 110 8010 Sieve + Hydrometer (<_3 -inch sieve) ASTM D 422 185 8011 Dispersive Characteristics of Clay Soil (Double Hydrometer) ASTM D 4221 89 8012 Specific Gravity: Fine (passing #4) ASTM D 854 / CTfv1 207 125 8013 Coarse (retained on #4) ASTM C 127 / CTM 206 100 8014 Total Porosity — On Shelby tube sample calculated from density & specific gravity 137 8015 Total Porosity — On other sample 105 8016 Photograph of sample 11 8017 Shrinkage Limits (Wax Method) ASTM D 4943 126 8018 Pinhole Dispersion ASTM D 4647 210 8020 Percent Passing 9200 Sieve wash ONLY ASTM D 1140 70 8021 As- Received Moisture and Density ( "chunk" or carved samples) 58 8022 Sand Equivalent (SE) ASTM D 2419 / CTM 217 105 Soil Chemistry and Corrosivity Method Per Test 8050 pH CTM CA Test 532/643 $42 8051 Electrical Resistivity — single point — in -situ moisture 42 8052 Minimum Resistivity ( > :3 moisture content points) CTM CA Test 532/643 89 8053 pH + Minimum Resistivity CTM CA Test 532/643 131 8054 Sulfate Content - Gravimetric CTM CA Test 417 Part II 68 8055 Sulfate Screen HACH kit 32 8056 Chloride Content CTM CA Test 422 68 8057 Corrosion Suite: pH, Chloride, Minimum Resistivity & Sulfate (gravimeldc) CTM CA Test 5321643 245 8058 Organic Mailer Content ASTM 2974 63 Shear Strength Method Per Test 8070 Pocket Penetrometer $16 8072 Direct Shear (3 points) Consolidated Undrained - 0.05 inAmin. ASTM D 3080 mod. 285 8073 Direct Shear (3 points) Consolidated Drained - <0.05 in. /min. ASTM D 3080 345 8074 Residual Shear (price per each additional pass after shear) EM 1110 -2- 1906 -IXA 70 8075 Remolding or Hand Trimming of specimens (3 points) 90 8076 Oriented or Block Hand Trimming (per hour) 58 /hour 8077 Daily equipment usage rate (after 2 days) 35 /day 8079 Single Point Shear 105 8080 Torsional Shear 620 Compaction and Pavement Subgrade Tests Method Per Test 8094 Standard Proctor Compaction (Maximum Density), 4 points ASTM D 698 8092 4 inch diameter mold Methods A and B $182 8093 6 inch diameter mold Method C 215 Modified Proctor Compaction (Maximum Density), 4 points ASTM D 1557 -07 8100 4 inch diameter mold Methods A and B 220 8101 6 inch diameter mold Method C 245 8102 Check Point per point 65 AMP p 1 866 - Leighton f 1 949 - 250 -1114 page 2 18 P60101418 Newport Beach Civic Center and Park Project Leighton 9060 302 - 1 -10 Leighton Leighton i 2= Fee Schedule UNIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING (Continued) Task Compaction and Pavement Subgrade Tests (Continued) Method Per Test 8000 Relative Compaction of Untreated & Treated Soils & Aggregates CTM 216 $250 (Caltrans CTM 216: Callrans wet density compaction curve) 8103 Relative Density (0.1 cubic foot mold) ASTM D 4253, D 4254 236 8104 California Bearing Ratio (CBR) — 3 point ' ASTM D 1883 500 8105 — 1 point ' 184 ' Compaction (Maximum Density) should also be performed — not included in above prices 8090 R -Value — Untreated CTM 301 310 8091 R -Value — Lime or cement treated soils L<7% additive) CTM 301 338 Triaxial Tests Method Per Test 8120 Unconfined Compression Strength of Cohesive Soil (with stress/strain ASTM D 2166 $135 plot) 8121 Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils ASTM D 2850 168 ( USACE 0 test) (per confining stress) 8122 Consolidated Undrained Triaxial Compression Test for Cohesive Soils ASTM D 4767 375 (CU, USACE R -bar test) with Back Pressure Saturation & Pore Water Pressure Measurement (per confining stress) 8127 Consolidated Drained Triaxial Compression Test (CD, USACE S lest) EM 1110 -2- 1906(X) with Volume Change Measurement 8123 Sand or silty sand soils (per confining stress) 375 8124 Sill or clayey sand soils (per confining stress) 500 8125 Clay soils (per confining stress) 705 8126 Three -stage Triaxial Tests Above price + 75% Consolidation and Expansion /Swell Tests Method Per Test 8140 Consolidation (11 loads up to 16 ksf & unload to 0.25 with strain vs. ASTM D 2435 $195 load curve and one time - rate -of- consolidation curve) 8141 Each additional Time Curve 45 8142 Each additional load /unload w/o Time Reading 42 8143 Expansion Index (EI) ASTM D 4829 -08 131 8145 Swell /Collapse Test — Method A (Up to 10 load /unloads two time curves) ASTM D 4546 -A 289 8146 Single Load Swell /Collapse Test - Method B (Seat, load, and inundate only) ASTM D 4546 -B 105 8148 Collapse Potential of Soils ASTM D 5333 220 Hydraulic Tests Method Per Test 8162 Triaxial Permeability in Flexible -Wall Permeameter with Backpressure EPA 91001ASTM D 5084 $310 Saturation (at One Effective Stress) (Falling Head Method C) 8163 - Each Additional Effective Stress 121 8164 - Hand Trimming of Soil Samples for Horizontal K 58 8169 Remolding of Test Specimens 58 Soil- Cement Method Per Test 8106 Moisture- Density Relations of Soil - Cement Mixtures ASTM D 558 $240 8107 Wet -Dry Durability of Soil- Cement Mixtures' ASTM D 559 1,205 8130 Compressive Strength of Molded Soil- Cement Cylinders' (per cylinder) ASTM D 1633 60 8161 Soil- Cement Remolded Specimen' (for shear strength, consolidation, etc.) 236 'Compaction (ASTM D 558 maximum density) should also be performed — not included in above price p 1 866 - Leighton f 1949-250-1114 page 3 18 P60101418 Newport Beach Civic Center and Park Project Leighton 9060 302 - 1 -10 Leighton Leighton i ?M Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES Task Special Inspection Services (field) 6200 Special Inspection Concrete ICC 6201 Special Inspection Post - Tension Concrete ICC 6202 Special Inspection Structural Steel/Welding & Bolling 6203 Special Inspection Welding AWS /CWI 6204 Special Inspection Masonry ICC 6205 Special Inspection Masonry DSA 6207 Special Inspection Asphalt 6208 Special Inspection Fireproofing ICC 6211 Special Inspection Shotcrete or Gunite ICC 6212 Special Inspection Shotcrete or Gunite DSA 6213 Special Inspection Epoxy Injection & Anchors 6214 Batch Plant Inspection Concrete /Asphalt 6217 Fabrication Inspection (Local) AWS /CWI, ICC, Glulam 6218 Fabrication Inspection (Outside Southern California) 6219 Inspector Verified Report (DSA -5 /DSA -6) Task 6230 6233❑ 6234❑ 6235❑ 6236❑ 6237❑ 6238❑ 6239❑ 6240❑ 6241❑ 6242 6232 7120 Task 7200 7201 7202 7203 7220 7204 7205 7206 7207 7208 7209 7210 7211 7213 7214 7215 7216 7217 7376 Technician Services ACI Concrete /Rebar Tag & Sample Pachometer Survey Schmidt Hammer Survey Moisture Testing Prevailing Wage" Non - Prevailing $92 $70 S92 70 ICC $92 70 $92 76 $92 70 89 76 85 70 $92 70 $92 70 89 76 $92 70 $92 70 $92 76 Quote upon request, site- specirc 89 76 In -situ surface Wenner soil resistance test (including equipment) Pull -out Test on Embedded Bolls, Anchors and Dowels (including equipment) Earth Anchor Hold Down Test (4 hour, full load application with 5 tests minimum) Earth Anchor Hold Down Test (Prelude / short term with full load) Coring concrete, shotcrete, masonry or asphalt in the field Sawing concrete, masonry or asphalt in the field Pick -up and Delivery — (weekdays, per trip, <50 mile radius from Leighton office) Coring and Sizing (in house, at Leighton laboratories) Laboratory Technician (al Leighton laboratories) ❑ Portal to Portal Concrete Strength Characteristics Concrete Cylinders (6 -inch by 12 -inch) - Compression Gunite /Shotcrete Cores (laboratory coring and testing only) Lightweight Fill Concrete (3 -inch by 6 -inch) Compression, Concrete or Masonry Cores (testing only) 56 -inch diameter Trimming concrete cores (per core) Splitting Tensile — 6 -inch by 12 -inch cylinder Flexural Strength of Concrete (Simple Beam with 3rd pl. Loading) Mix Design, Determination of Proportions Mix Design, Review of Existing Laboratory Trial Batch with Slump, Unit Weight & Air Content 6 -inch by 12 -inch Cylinder, Make and Test (lab trial batch) 3 -inch by 6 -inch Grout Prisms, Make and Test (lab trial batch) 6 -inch by 6 -inch Flexural Beams, Make and Test (lab trial batch) Cylinder molds, 6 -inch by 12 -inch, 2 -inch by 4 -inch when not used with testing Unit Weight of Hardened Light weight Concrete Rapid Cure Concrete Cylinders (Boil Method) Drying Shrinkage (Four Readings, up to 90 days, 3 bars) Modulus of Elasticity /Poisson's Ratio 3 -inch by 6 -inch cores Flexural Strength of Concrete (simple beam w/ center point loading) t p 1 866- Leighton f 1 949 - 250 -1114 page 4 18 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton Prevailing Wage" Non - Prevailing $92 $70 85 70 85 70 85 70 100 85 100 85 Quote upon request, site - specific Quote upon request, site - specific $100 Quote upon request, site - specific $80 80 80 Method Per Test ASTM C 39 $25 ASTM C 42 60 ASTM C 495 30 ASTM C 42 40 20 ASTM C 496 50 ASTM C 78 65 250 150 ASTM C192 457 ASTM C 192 25 ASTM C 192 25 ASTM C 192 65 3 ASTM C 567 50 ASTM C 684 50 ASTM C 157 400 ASTM C 469 350 CTM 523 65 49 Leighton Leighton i -OW Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued) Task Aggregate Properties Method Per Test 7240 Sieve Analysis of Fine and Coarse Aggregate ASTM C136 $135 7241 Sieve Analysis -Finer than #200 (Wash) ASTM C 117 90 7242 LA Rattler - Smaller Coarse Aggregate < ASTM C 131 165 7243 LA Rattler- Larger Coarse Aggregate > ASTM C 535 190 7244 Soundness Magnesium ASTM C 88 225 7249 Soundness Sodium 650 7245 Organic Impurities ASTM C 40 90 7246 Clay Lumps, Friable Particles ASTM C 142 175 7370 Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) CTM 201 & 202 265 7373 Grading & Specific Gravity Calculation E CTM 105 80 7247 Durability Index CTM 229 200 7248 Cleanness Value of Coarse Aggregate CTM 227 210 Task Masonry Method Per Test 7260 Mortar Cylinders (2 -inch by 4 -inch) ASTM C 780 $25 7261 Mortar Cubes (2 -inch by 2 -inch) ASTM C109 25 7262 Grout Prisms (3 -inch by 6 -inch) ASTM C 1019 25 7263 Concrete or Masonry Cores. Compression, 56 -inch diameter (Testing Only) ASTM C 42 40 7264 CMU Compression (3 required) to size 8 -inch by 8 -inch by 16 -inch ASTM C 140 45 7265 CMU Compression (3 required) greater than 8 -inch by 8 -inch by 16 -inch ASTM C 140 50 7266 CMU Moisture Content, Absorption & Unit Weight (6 required) ASTM C 140 40 7267 Masonry efflorescence (5 required) ASTM C 67 40 7268 CMU Linear Drying Shrinkage ASTM C 426 175 7269 CMU Grouted Prisms (compression lest <_ 8 inch by 8 -inch by 16 -inch) ASTM E 447 180 7280 CMU Grouted Prisms (compression test > 8 -inch by 8 -inch by 16 -inch) ASTM E 447 250 7281 Masonry Core -Shear Title 24 (Test Only) 70 7283 Specimen Prep (Sample by others) 50 7284 CMU width, depth and face shell measurements 40 Task Brick Method Per Test 7290 Compression (5 required) ASTM C 67 $40 7291 Modulus of Rupture (5 required) ASTM C.67 40 7292 Absorption, Soak (5 required) ASTM C 67 40 7293 Absorption, Boil (5 required) ASTM C 67 50 7294 Absorption, Saturation Coefficient (5 required) ASTM C 67 50 7295 Initial Rate of Absorption (5 required) ASTM C67 40 7296 Efflorescence (5 required) ASTM C 67 55 7297 Efflorescence with Mortar (5 required) ASTM C 67 65 Task Steel Reinforcement Method Per Test 7300 Tensile Test, Up to No. 10 ASTM A 370 S45 7301 Tensile Test, No. 11 and over ASTM A 370 100 7302 Bend Test, Up to No. 11 ASTM A 370 45 Task Structural Steel Method Per Test 7310 Tensile Strength, 5100,000 pounds axial load ASTM A 370 $45 7311 Tensile Strength, 100,000 to 200,000 pounds axial load ASTM A 370 60 7312 Bend Test ASTM A 370 40 7313 Pipe Flattening Test ASTM A 370 Quote 7314 Machining and Preparation of Samples ASTM A 370 Quote 7315 Brinell & Rockwell Hardness Test ASTM A 370 55 7316 Chemical Analysis, Carbon and Low Alloy Steel Quote p 1 866 - Leighton f 1949-250-1114 page 5 1 8 P60101418 Newport Beach Civic Center and Park Project Leighton 9060 302 - 1 -10 Leighton Leighton i MW Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued) Task Pre- stressing Method Per Test 7320 Prestressing Wire, Tension (stress vs. strain plot) ASTM A 416 $150 7321 Sample Preparation (cutting) 50 7322 Prestressing cable, 7 wire (Breaking strength /lAodulus of Elasticity) ASTM A 416 190 Task Weld Procedure and Welder Qualifications Rate 6320 Welder Certification fWeld Procedure Review (AWS /CWI) $85 /hour 7330 Weld Tensile Test 50 each 7331 Weld Bend Test 40 each 7332 Weld Macro-Etch 60 each 7333 Boll Tensile Test 50 each 7334 Bolt, Nut or Washer Hardness Test 50 each 7335 Bold Elastic Proof Load Test 50 each Task Fireproofing Method Per Test 7340 Unit Weight (Density) ASTM E 605 -93 $60 Task Asphalt Concrete, Specimen Testing Method Per Test 7350 Extraction, Percent Asphalt and Gradation, Centrifuge ASTM D 2172/C 136 $195 7351 Extraction & Percent Asphalt (only), Centrifuge ASTM D 2172 155 7355 Extraction and Gradation Only, Centrifuge ASTM D 2172/C 136 175 7352 Bulk Specific Gravity — Molded Specimen or Cores ASTM D 1188 55 7353 Maximum Density - Hveem CTM 308 125 7354 Stabilometer Value CTM 366 265 7357 Bituminous Mixture Preparation CTM 304 80 7377 Moisture Content of Asphalt t CTM 370 60 7378 Sampling Highway Materials /Products (Roadway Structural Sections) t CTM 125 Quote 7379 Extraction by Ignition Oven CTM 382 (8/2003) 150 Rubberized Asphalt add 25% Task Mix Design /Control Method Per Test 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 $200 7363 Field Mix - Marshall Stability per point ASTM D 1559 200 Task Moisture Vapor Emission Rate (MVER) Test Method Per Test 6325 Moisture Test Kit (excludes labor to perform test) ASTM E 1907 $60 Task Other Services Method Rate 6260 Non - Destructive Testing (NDT) each weld ANSI $92 each 6259 Radiographic Testing Quote 6270 Project Closeout 215 /hour T soil t material xc soil & materials p I 866- Leighton f 1949-250-1114 page 6 18 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton 49 Leighton Leighton i IM Fee Schedule FIELD EQUIPMENT LIST Task Equipment, Supplies and Materials 8200 Box of 10 soil drive - sample rings 9594 Caution Tape (1000 -fool roll) 9575 Combination Lock or Padlock 9564 Core Sample Boxes 9565 Cutoff Saws, reciprocating, electric (Saws -All) 9566 D.C. Purging Pump, 3 gpm 9555 DOT 55- gallon Containment Drum with lid 9567 Dissolved Oxygen Meter 9537 Generator, portable gasoline fueled, 3,500 watts 9538 In -Situ Level Troll 500 (each) 9539 In -Situ Troll 9500 Low Flow Water Sampling Equipment 9543 Level B Protection (per person) 9544 Level C Protection (per person) 9574 Magnahelic Gauges, each 9511 Mileage (current published IRS rate) 9547 Nitrile Gloves 9522 pH /Conductivilyfremperature Meter 9562 Photo - Ionization Detector (PID) 9557 Pump, Typhoon 2 or 4 Stage 9512 Service Vehicle Usage 9581 Slip / Threaded Cap, 2 -inch or 4 -inch diameter, PVC Schedule 40 9593 Snow Fence (100 -foot roll) 9595 Survey /Fence Stakes 9526 Submersible Pump, 10 gpm, high powered Grunfos 2 -inch with controller 9527 Submersible Sump/Transfer Pump, 10 -25 gpm 9582 Threaded Cap, Schedule 40 PVC 9585 TedlanD Bags 9586 Traffic Cones (5525) /Barricades (single lane) 9556 Tubing, clear vinyl 318 -inch diameter 9528 Turbidity Meter 9548 TyvekO Suit (each) 9529 Vapor Sampling Box 9588 Visqueen, 6 -mil, 20 feet x100 feet roll, 6 -mil 9536 Water Level Indicator (electronic well sounder) 5_300 feet deep well 9597 Double -Ring Infiltrometer (ASTM D 3385 -09) equipment p 1 866- Leighton f 1949-250-1114 page 7 18 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton Unit Rate $125 per month 15 each 15 each 15 each 45 per day 25 per day 60 each 40 per day 75 per day 50 per day 120 per day 300 per day 180 per day 10 per day IRS rate /mile 15 per pair 45 per day 440 per week 45 per day 150 per day 8 each 15 per day 5 each 160 per day 45 per day 15 per cap 15 each 40 per day .450 per foot 70 per day 12 each 40 per day 75 per roll 40 per day 350 per day 49 Leighton Leighton 13M Fee Schedule TERMS AND CONDITIONS • Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 limes basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. • Minimum Hourly Charges for Geotechnical and Environmental Technicians (field time only): • Minimum Hourly Charges for Special Inspectors or Material Testing Field Services (field time only): e- *No charge if cancellation is made before 4:00 p.m. of the preceding work day. IRWIN Will :e Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and /or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and /or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and /or disposing of soil and /or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn- around time for geotechnical- laboratory lest results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28 -day breaks for a given set meet specified compressive or other client- designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28 -day break. All other construction materials will be disposed of after completion of testing and reporting. p 1 866 - Leighton f 1 949 - 250 -1114 page 8 18 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton 49 Leighton CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 June 22. 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 or ftse newportbeachca.gov SUBJECT: CIVIC CENTER AND PARK — GEOTECHNICAL OBSERVATIONS AND CONSTRUCTION MATERIAL TESTINGS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. RECOMMENDATION: Approve a Professional Services Agreement (PSA) with Leighton Consulting, Inc. (Leighton) of Irvine, California, to conduct geotechnical observations and construction materials testing for the Civic Center and Park Project at a not -to- exceed contract price of $326,563.00 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City Council on April 27, 2010 approved a Construction Manager at Risk (CM @R) contract with C.W. Driver to provide full and complete construction administration, coordination and observation services for the Civic Center and Park Project. Accordingly, C.W. Driver solicited interest from firms to propose for the geotechnical observations and construction material testing portions of the Project. Nine (9) firms submitted their qualifications and proposals to C.W. Driver for the work. C.W. Driver reviewed the firms' qualifications, related experience, and performance records with staff. Leighton Consulting, Inc. was selected as the firm that has the most background knowledge and experience with the job site and would provide the City with the best overall services. While staff directed C.W. Driver to negotiate with Leighton to bring its hourly rates to be compatible with the market, C.W. Driver under the Guaranteed Maximum Price provisions will be ultimately responsible for all overage charges. Cost savings will be shared between the City (75 %) and C.W. Driver (25 %). Leighton's scope of work is itemized within the attached PSA. Civic Center and Park — Geotechnical Observatk.,, and Construction Materials Testing - Approval of Professional Services Agreement with Leighton Consulting, Inc. June 22, 2010 Page 2 Environmental Review: Engineering services are not subject to review by the California Environmental Quality Act (CEQA). Funding Availability: The cost of this work is included as a part of the CM @R contract with C.W. Driver approved by the City Council on April 27, 2010. The Leighton invoices for work completed under this PSA will be processed by the City and charged against the C.W. Driver CM @R contract funded by the Civic Center and Park Account (7410- C1002009). Prepared by: P. E. Civil Engineer Submitted by: Stephen G. Badum Public Works Director Attachment: Professional Service Agreement with Leighton Consulting, Inc. PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT SOIL TESTING AND INSPECTION SERVICES THIS AGREEMENT is made and entered into as of this day of 2010, 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 ( "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 design and prepare environmental documentation for the Newport Beach City Civic Center and Park Project. C. City desires to engage Consultant to perform geotechnical observation and testing services, such as soil testing and inspection services for the Newport Beach City Civic Center and Park Project ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Vivian Cheng. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement: NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this A�reement shall commence on the above written date, and shall terminate on the 30" day of September, 2012, 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 time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Twenty - Six Thousand, Five Hundred Sixty -Three Dollars and no /100 ($326,563.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. Professional Services Agreement Page 2 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. 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. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 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 VIVIAN CHENG to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. FONG TSE, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative Professional Services Agreement Page 3 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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. Professional Services Agreement Page 4 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, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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 the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of 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 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. Professional Services Agreement Page 5 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Consultant's employees in accordance with the laws of the State of Professional Services Agreement Page 6 California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant'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 (10 calendar days written notice of non - payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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 $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City Professional Services Agreement Page 7 to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. 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 otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of Professional Services Agreement Page 8 establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 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. 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. 19. 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. 20. 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. Professional Services Agreement Page 9 21. 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. 22. 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. 23. 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 the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. 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 Professional Services Agreement Page 10 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. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third 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:Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3321 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Vivien Cheng Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 Phone: 949 - 253 -9836 Fax: 949 - 250 -1114 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 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, and thereafter diligently take steps to cure the default, the non - defaulting party may Professional Services Agreement Page 11 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 regulations and requirements of all governmental entities, or municipal, whether now in force or hereinafter enacted. by Consultant shall conform to applicable City, county, regulations and permit requirements and be subject Administrator and City. 30. WAIVER with all statutes, ordinances, including federal, state, county In addition, all work prepared state and federal laws, rules, to approval of the Project 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. 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. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. Professional Services Agreement Page 12 34. 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. 35. 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. 36. 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. 37. 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. APPROVED AS TO FORM: OFFICE OF THE CITY TORNEY: By:, — /-\ Ayne D. e u amp, Assistant City rney ATTEST: Bv: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Keith D. Curry, Mayor CONSULTANT:LEIGHTON CONSULTING, INC. Kris Lutton, Senior Vice President Terry M. Brennan, Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 13 EXHIBIT A PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES Scope of Work Our scope of work outlined below is based on our understanding of the project according to the current available civil and grading plans, the construction schedule prepared by CW Driver dated April 14, 2010, and our knowledge of the site. Shoring and structural plans were not available at the time of proposal preparation. ■ Geologic Mapping During Mass Excavation and Buttress and Keyway Construction Bedrock of Monterey Formation was encountered throughout the project site. Adverse bedding conditions were encountered along the proposed retaining wall adjacent to MacArthur Boulevard and also in other areas of the site. During mass grading, a field geologist from Leighton will be on -site providing observation of the backcut and geologic mapping with particular attention to the presence of clay beds and seams within the bedrock to ensure the exposed geologic features are consistent with the assumptions in the report. ■ Observation & Testing During Mass Excavation During mass excavation and construction of the buttresses and keyways, a Leighton technician will be on -site providing observation and testing services. We will observe the exposed subgrade to ensure it is consistent with our findings within the exploration borings, and ensure the competency of the subgrade condition prior to placement of fill. Density test will be performed on the compacted fill for compliance with the soils report and project specifications. ■ Shoring Wall Installation & Tie -Back Monitoring & Testing A permanent tie -back wall is proposed to be constructed along MacArthur Boulevard. We will provide full -time observation during excavation and installation of solder beams and tie -back anchors. We will also be on site full -time during tie -back anchor testing. ■ Observation and Testing During Grading of City Hall, Parking Structure, Library Expansion A technician will be on -site providing observation and testing services during building footing excavation and building slab subgrade preparation. o Observation & Testing for Sitework We will provide observation and testing services during the following activities: a Removal and recompaction of unsuitable material and fill placement during grading; a Trench backfill for wet and dry utility lines (storm drain, sewer, area drain, water, gas and irrigation etc); a Retaining wall footing excavation and subgrade. preparation; Leighton Consulting 1 8 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES Construction of pavement, hardscapes, curb and gutter, aggregate base, asphalt concrete, and decomposed granite walkways. ■ Laboratory Testing We will perform laboratory testing as- needed to determine the moisture - density relationships of soils used as structural compacted fill; shear strength characteristics of the materials for use in stability analyses (if needed); R -value to confirm the design of pavement sections, pH, minimum resistivity, chloride, and sulfate content to evaluate soil corrosivity; Sand Equivalent of representative materials that will be used for wail backfill; and Expansion Index to evaluate the expansive characteristics of soil. Agricultural Soil Sampling and Testing Soils samples will be collected from the site during construction for agricultural testing. Similar to the protocol during the design phase, we will collect soils samples at the location and depths as specified by the project landscape architect. The number of samples will also be specified by the landscape architect. For budgeting purposes we have included 100 samples for this scope of work. Additional samples will be charged on a time and expense basis per the rate on the cost proposal breakdown. Samples will be prepared and delivered to Wallace Soil Laboratory for agricultural soil testing, which will include the following: Chemical properties including essential and non - essential potentially toxic elements; pH; • Salinity; • Soluble chloride in saturation extract; • Soluble boron in saturation extract; • Sodium absorption ratio; • Presence of limestone; • Physical soil properties including sand, silt and clay; • Organic matter content based on organic carbon and total nitrogen. ■ Grading Reports Prepare one rough grade /pad certification report for each of the following structures: • City Hall Building (one report to include Bay A through F); • Parking Structure; • Council Chamber; and • Library Expansion. Leighton Consulting 1 9 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES One final grading report will be prepared upon completion of grading, which includes the above, and all the sitework, such as pavement, retaining walls, pedestrian bridges, concrete flatwork, and utilities. M Project Team Meeting, Engineering Support and Consultation We will attend project team meetings, provide engineering consultation, evaluation and analyses, as necessary. Assumptions 1. The project will be subjected to Prevailing Wage Law. 2. Fee does not include archaeological /paleontological monitoring. 3. All work is performed during regular business hours and on weekdays. Overtime and weekend premiums are not included. 4. All laboratory work performed is assumed regular turn around time. No "rush" premium is included. 5. There are many factors, such as contractors' schedule and operation, agency requirements, weather conditions, and type of material used for backfill that may affect the total fee and are beyond Leighton Consulting's control. Our fee estimate is based on normal working conditions based on the construction schedule provided at the time of writing for your budgetary purposes. We propose that our actual fees be accumulated on a time- and - materials basis per our attached Professional Fee Schedule. 6. Changes to the drawings and /or specifications and updates to the construction schedule may affect our scope and budget. Observation and testing not referenced in our estimated budget will be charged in accordance with our fee schedule in effect at the time other work is initiated. No consideration is given for overtime. Schedule Leighton Consulting is prepared to begin our work immediately upon receipt of your signed authorization to proceed. We would appreciate at least 72 hours advance notice for scheduling of field personnel at the commencement of construction; work thereafter may be scheduled with 24 hours notice. Safety Site safety is important to Leighton. Therefore, we will notify the contractor's site representative, and /or your field representative if /as directed by you for a given project, whenever we are on site, upon arrival. Although site safety is the responsibility of the contractor, we will work with the construction team to achieve a safe work environment. All of our personnel are provided with conventional and customary personal protection for construction sites, including hard hats, safety glasses, safety gloves and orange vests. Leighton Consulting 1 10 PROPOSAL FOR t,cWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES Cost Proposal 5, P6ner0al oabl Rala /Hour ' S 2a] SM0, Plolatl S11IP15Yn Senior Enp Engr:en /GOgv an S 135 S 95 S 75 Gn /GI$ S W0ry lP allne ,n Van N da. xx "" a cmP.flauids Sharing Plan Review (let and 2nd Submittal a 14 SB b 2,878.00 Landscopa Plan Review (tat and 2nd 5uomltall 4 S4 18 E 2.8]8.00 Amndatlad Plan /guess Rdviaw and Approval Subtoall : 8 30 5g.,i, 30 b 4.050.00 68 E 9,806.00 Rough Grade Upon m Top of Parking Structure I 50 501 S 4,750.00 Solael Place, Tio Back b tagging Installation 320 3201 5 30,400.00 0 dde=avatlon for Building Pod 120 I 120 1 5 11,400.00 mess 4maing Radon 40 Subtotal.. 40 10 500 8 a 62 E 7,486.00 8 4 552 E 54;036.00 t Rough Grading/ Cut Benches h Haying. 80 40 120 5 10.600.00 Rambling Wall Foundation Excavatlen R 11 760.00 Ramming Wall Wetmoraofing, Suhdmim. Backfiil Suhmml; 20 108 40 I 20 s L900.00 48 1 b 13,260,00 f 7 'qtr' Ms Welland Clear S Grub 20 I I� 201 S 1900.00 Weiland Rough Grad. SuCmal'. 40 20 40 "° I E 1.000,OD 60 S 4,900.00 �., J" •4 ..' .ra Rough Grnda to Building Pact 80 80 E 6.000.00 Rough Grading /Pad COnlffmUm%Report submit ;_ 30 30 +. 10 30 a Sn 134 $ 6.346.00 E 12.348.00 A Ddlling67lo.8ack 1201 1 1 1 1 Lo 5 11.400.00 Footing Ercavelmn 6 Grad. Bob. 10 t0 S 950.00 Prood"allon lot Sla"nGrade B 81 S 600.00 Underground Plumbing g Electrical Trenches _._— _— _._.___�_,_...__._. .,.. Hough Crnaing/ Rod Cenllkapcn Rcaan Submml. ___._...,...... __.._ �_.......... 30 30 _ ...._ 10 140 - 20 _.. .. _. — ....... a 4 2B`, 4 4 20 5 1.500.00 4B E 5.215.00 206 S 20,166.00 Drilling g Tlo -Back 480 I 4801 5 45.600.00 fooling Egcavallcng Grade Beam 1 GO 60 E 5.200.00 Preyed, llonfor SlatrOnAreda a01 401 5 3.000.00 Backllll g Racamor" 60 60 1 4 50000 Underground Plumbing d Electrical Tranones 20 20 E 1,500.00 Rough Grading/ Pad Considered Rosen SUbmal- 30 30 10 550 4 2 130 4 2 n6 5 5568.00 706 E &5.888.00 Leighton Consulting I 1 ore PROPOSAL FOR l_OIPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES SrPMeipal "',A r /Gedogm S[nler Pmlen Enginev Seni[r See Englneu/6eeloeul Senor fecnmtian C <D /4r5 w zrz Prmess�ne leeeump lcAng lmunlon iegm -A'... elldml xenenne�mmzl Ram/Rpur e 3 247 S 135 $ 95 $ 75 S 105 S 74 EMEZEREM 1 l aAih{ �4s +Sri I::Gyy:,eLLi:•' ' .+ f ,yep`,: :4�5�tr Dialing d TimBaex 801 _____ 8015_ 7,600.00Y Fooling Excavation &Grade Beam 10 __ —�' ID155 950.00 Prep... loo for Slabon Grads 1 e B S 600.00 llndvel.und Plumbing & Electrical Trencnse 10 _ i io � 750.00 ROUgn GmOing /Pas Cenificalipn ROpOn 30 10 a 2r _— _ _ 46 5 5.568.00 SYMOtel 30 100 38 A 2 I 154 5 15.406.00 Retaining Walls 80 I 80 E 6.000.00 Curb &Quasi. 5laewalxs. Pavers, 00 Walxways 80 80 S 6,000.00 Sebtaml SPA 160 S 12.000.00 EMU AgfiCultuml Somali, C Testing' I 1-.5001 I s 141500.00 8lncxpilo Obsena0on B ieving' So BO S 1.600.00 5uatimbi 80. 14,500 BO S 22,100.00 r3• ]� � '{deg• y4,5 s., mFcn f.. Maximum Dry Density d Moisture Content, Exmmllon Index (El). Corrosion S.1 e. Sand Eaulvdldnl ISE). Crain Size e, 950 E 4,950.00 Subiaml 4,950 0 5 4,950.00 1 Subsudan. Exploration 8 20 I 28 S 2.980.00 lalearal., Testing 3,900 5 3.900.00 GeOmcnnlal Analysis 40 201 60 $ 7,300,00 Gootscnlcal Repon 8 50 20 78 4 10.620.00 8dM0I01 B 98 60 3,900 166 S 24,808.00 4. // w a' 1 "'.Maw .xr• = t?3Et.P `i - .-0tx.`.'3 i .Jo . Gedte4bni401 Repan 8 40 20 12 4 84 S 10.83200 SuMaml' 8 40 20 12 4 I 84 S 10,63100 «. ,. .,. ,., vvrr-- ... ,.� .b . A ,. wftJ o< �.« n .F t/'v.vr .�...r. ,. .S x.\ M1>_ 9 , in P.,r�'6 /..sn MJ....;:a� 6 .. 7' .. .:.... Engineering Analyses. RR's. RFC' s. QA/QC 1951 1 19513 26.325:00 Proje4l Teem Meeting 401 40 5 5.400.00 Field Coordination 100 I 100 i S 13,500.00 Pro7eo M.neg ... ni 80 80 S 10,600.00 $Db[elal 415 I 415 S 56,029.00 wa Notes, 11 role nraa'd b cool¢., m m<ll.l.eme.ecn Isw, 2. Tnmee Is 1. ed @Alma. loans0100eymwumueo semmee famllonm sat sempbse 11 be aueo at mine mm (i.e. gvaDO on 100 zemomel D. Assnmin...... NUl e,dv.dm Ce 4atterm[C Cr no,Im.ppinF enmmm. vemngl :emac¢,i. Dmnngu rre4urmwleu pee . -.wneceenenlrumrya......ln.neW Ammpin n. e[o eenn¢a Leighhlon Consulling 12o12 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES Project Team The project team we are proposing incorporates high - caliber expertise and experience with the commitment of local personnel, dedicated to the region where they live and work. This group of professionals is also well- accustomed to working together, having collaborated on many previous contracts, including work similar to that required for the construction of Newport Beach Civic Center. VIVIAN CHENG, PE, GE PROJECT MANAGER • California Geotechnical Engineer - 2874 • California Registered Civil Engineer - 67879 • MEng, Civil (Geotechnical) Engineering, University of British Columbia, Vancouver, BC, Canada, 2000 • BASc, Civil Engineering, University of British Columbia, Vancouver, BC. Canada, 1999 Ms. Cheng has worked on and managed a wide variety of geotechnical projects involving both public and private sector clients and proven record of delivering the projects on time and within budget. Her experience includes transportation, public work facilities, high- rises, institutions, and commercial and residential developments. As a Project Manager she provides management and oversight of the work of other engineers and field technicians. She performs geotechnical engineering analyses, prepares reports, and provides oversight and monitoring of a broad range of geotechnical construction projects and supervises and reviews geotechnical engineering analyses and reports prepared by staff level engineers and field technicians. Her technical expertise includes design of shallow and deep foundation systems, seismic hazard analyses, settlement analyses, reinforced soil structures, slope stability analyses, and ground improvement. Newport Beach Civic Center and Park Project, Newport Beach, CA. Project Manager /Engineer for the proposed civic center and parking structure project. Heavy grading which includes over 30 feet of cut into bedrock adjacent to MacArthur Boulevard will be performed during construction. Shoring will be required to withstand geologic surcharge from bedrock as well as traffic loading on the roadways. Groundwater mitigation measures will be designed as groundwater level was encountered close to the proposed foundation level. Other structures, which include a pedestrian bridge over San Miguel Drive and retaining structures in the proposed dog park will also be part of the project. New Police Station and Emergency Operation Center, Westminster, CA. Project Manager /Engineer for geotechnical and environmental services for the City's new Police Building and Parking structure. Managing geotechnical services during construction, including pile installation and grading. The proposed facility is located within a zone that is susceptible to liquefaction with a very shallow historically high groundwater table. In addition, liquefiable sand layers and compressible clay were present at the site. Thus, a deep foundation system was used to support the building to mitigate both seismically induced settlement as well as compressible settlement. Leighton Consulting 1 12 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES • Donna and John Crean Mariners Branch Library, Newport Beach, CA. Project Manager /Engineer for geotechnical monitoring and testing services during construction. The library is the combined effort of the City of Newport Beach and Newport-Mesa Unified School District. Built between the school and the existing library, the new 15,000 square foot facility is open to both school children and the public. • Sunset Ridge Park, Newport Beach, CA Project Manager /Engineer for the geotechnical investigation and recommendations for the proposed 12 -acre open space park. Located at the intersection of Superior and PCH, the project also included grading and drainage improvements, foundation recommendations, and a seismic hazard assessment. • Police Station, Buena Park, CA. Project Manager /Engineer for geotechnical investigation. The proposed police station will be a two -story on -grade structure that encompasses approximately 33,000 square feet. • Long Beach Airport Parking Structure, Long Beach, CA. Project Manager /Engineer for the four -story parking structure which is currently under construction. Leighton is providing both geotechnical recommendations and observation and testing services for the parking structure. • Fire Station No. 147 Expansion, Lynwood, CA. Project Manager /Engineer for geotechnical investigation for fire station expansion. Also managed soils observation and testing services during construction of the project. Fire Station No. 147 is located within a potential liquefiable zone with historically high groundwater level at 8 feet below the ground surface. In addition to the challenging high groundwater condition, the depth of the liquefiable layers were located at a deep elevation thus causing potentially up to 4 inches of seismically induced settlement during a seismic event. In order to mitigate the potential settlement and damage to the building during a seismic event, caissons connected with grade beams together with a mat type foundation was used for the building. La Vista High School/La Sierra High School, Fullerton, CA. Project Manager and Engineer for the new school during both design and construction phases. The school is currently under construction and Leighton is performing both geotechnical observation and special inspection and materials testing. The geotechnical investigation included subsurface logging and testing of representative soils, to meet the requirements of Department of the State Architect (DSA), the California Building Code (Title 24), and the California Department of Education (CDE) requirements for Public Schools. La Habra High School Improvements and Troy High School Parking Lot, Fullerton, CA. Project Manager and Engineer for design (geotechnical investigation) and construction phases for the proposed improvements. Leighton Consulting 1 13 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER ANO PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES EDWARD BURROWS, PG, CEG, CHG, REA I PRINCIPAL GEOLOGIST • California Professional Geologist - 5622 • California Certified Engineering Geologist - 1750 • California Certified Hydrogeologist - 402 • California Registered Environmental Assessor - 04962 • CFR 1910.120 OSHA 40 -Hour Training • CFR 1910.120 OSHA 8 -Hour Refresher Training • MS, Geology, California State University, Los Angeles, 1995 • BS, Geology, Oklahoma State University, 1988 Mr. Burrows brings more than 22 years of professional experience, specializing in geologic and environmental investigations and construction observation. He has worked on and managed a wide range of projects including residential, commercial and industrial development, landfills, storm drains, transportation facilities and mining operations. Mr. Burrows has responsibility for and maintains administrative and technical management of projects and directs and supervises the activities of staff toward timely performance and compliance with project requirements. He directs the work of engineers, geologists and technicians in the collection of soil engineering data, performance of calculations and analysis in the preparation of technical reports. Newport Beach City Hall, Newport Beach, CA. Project Geologist for the proposed city hall building and parking structure. Heavy grading which includes over 30 feet of cut into bedrock adjacent to MacArthur Boulevard will be performed during construction for the new city hall and parking structure. Shoring will be required to withstand geologic surcharge from bedrock as well as traffic loading on the roadways. Groundwater mitigation measures will need to be designed as groundwater level was encountered close to the proposed foundation level. Other structures, which include a pedestrian bridge over San Miguel Drive and retaining structures in the proposed dog park will also be part of the project. Westminster Police Station, Westminster, CA. Project Geologist for geotechnical and environmental services for the City's new Police Building and Parking structure. The proposed three -story police building will be approximately 90,000 square feet and falls under thejurisdiction of DSA as an essential facility. The proposed facility is located within a zone that is susceptible to liquefaction with a very shallow historically high groundwater table. In addition, compressible clay was encountered below the site. Cast - in -place concrete piles are designed to support the proposed building. Over 400 piles to a depth of approximately 65 feet will be installed at the site. Leighton Consulting 1 14 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES ■ Sunset Ridge Park, Newport Beach, CA Project Geologist for the geotechnical investigation and recommendations for the proposed 12 -acre open space park. Located at the intersection of Superior and PCH, the project also included grading and drainage improvements recommendations, foundation recommendations, and a seismic hazard assessment. ® Police Station, Buena Park, CA. Project Geologist for geotechnical investigation. The proposed police station will be a two -story on -grade structure that encompasses approximately 33,000 square feet. ■ Fourth District Appellate Court, Santa Ana, CA. Project Geologist for geotechnical investigation including subsurface field investigation, site- specific probabilistic seismic hazard analysis, and data analysis and report. Located in the civic center area of Santa Ana, the proposed new courthouse is a three -story structure with a footprint of approximately 25,000 square feet. ■ Community Center, Cypress, CA. Project Geologist for a geotechnical investigation for the building expansion, new parking areas and entry plaza. ■ Ortega Ranch, San Juan Capistrano, CA. Project Manager for large campus of 2 -story office condominiums adjacent to 1 -5 on a hillside site. Services included geotechnical investigation during design and geotechnical observation and testing throughout construction. ■ Centra Pointe, San Juan Capistrano, CA. Project Manager for multi -story, commercial development. Project included services during design and construction. ■ Southern California Logistics Airport, Victorville, CA. Project Manager for multiple large warehouses, industrial and commercial buildings at the redevelopment site in Victorville. The project includes both new building and infrastructure support during both design and construction. The work also included precise grading and the construction of numerous "tilt up" industrial buildings. During this phase, Mr. Burrows worked closely with the client to provide observation and testing services as well as foundation recommendations for the construction of the buildings. Industrial Business Park, Carson, CA.. As Principal Geologist, Mr. Burrows oversaw the geotechnical investigation and in- grading geotechnical services for a large 200 -acre industrial complex. The work included supervising a staff of engineers, geologists and technicians who performed geologic field mapping, locating and logging exploratory borings and trenches, air photo analysis, interpretation of field data, preparation of reports, geologic maps and cross sections, setting up programs for laboratory testing of samples collected during field investigation, in- grading recommendations for remedial grading, observation and testing during grading and interfacing with the client and appropriate agencies. The project was unique in that the site was an existing oil field with over 100 oil wells on site which required abandonment as well as environmental remediation. Leighton Consulting 1 15 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES RODGER MORE FIELD OPERATIONS MANAGER • Nuclear Soil Gauge Certification • 40 -Hour Hazardous Waste Operations Training (Health and Safety) • BA, Earth Science. California State University, Fullerton, 1980 • AA, Marine Science, Saddleback College. Mission Viejo, California, 1975 • Public Works Construction, Saddleback College, Mission Viejo, CA, 1990 With more than 30 years of construction field experience, Mr. More has extensive experience in large and small public works, commercial, and residential projects. In addition, he has been involved in foundation investigations, laboratory testing, and quality control /assurance supervision. • Regional Fire Operations and Training Center, Orange County Fire Authority, Irvine, CA. Field Operations Manager for observation and testing of earthwork, foundation excavation, utility trench backfills, and perimeter block wall construction. The 16.5 -acre facility includes a 6 -story training tower, 2 -story fire simulation training facility, and a training pavilion with classrooms. • Fire Station #55, Irvine, CA. Field Operations Manager for geotechnical observation and testing during the construction of Fire Station No. 55 in the Orchard Hills area of Irvine. Services included observation and testing for the building, apparatus bay, driveway, parking lot, and curb and gutter. • Fire Station #27, Irvine, CA. Field Operations Manager for geotechnical observation and testing during the construction of Fire Station No. 27 in the Portola Springs area of Irvine. Services included observation and testing for the building, apparatus bay, entry gate, monument sign, freestanding walls, driveway, parking lots, and curb and gutter. • Appellate Court, Santa Ana, CA. Field Operations Manager for subsurface exploration consisting of excavation, logging, and sampling of five hollow -stem auger borings. Field work included collection of Standard Penetration Test, relatively undisturbed ring and bulk samples at selected depth intervals from the hollow stem auger borings, and transporting of the samples to our laboratory for testing. • New Police Operations Center, Westminster, CA. Field Operations Manager responsible for quality assurance, quality control, observation and testing of subgrade soils, aggregate base and the asphaltic concrete (AC). Geotechnical observation services were provided onsite continuously during installation of 500 14- inch - square, pre- stressed, precast concrete driven piles. • Oasis Senior Center, Newport Beach, CA. Field Operations Manager responsible for quality assurance, quality control, observation and testing of subgrade soils, aggregate base and the asphaltic concrete (AC). Leighton Consulting 1 16 sy 2010 PROFESSIONAL FEE SCHEDULE* PROFESSIONAL SERVICES Newport Beach Civic Center and Park Project Technical Staff Hourly Rate TechnicianI ............................................................................................... ............................$83 Technician11 ............................................................................................... .............................88 SeniorTechnician ....................................................................................... .............................95 Laborer(Prevailing Wage) ...................................................................... ............................... 95 Soil /Field Technician (Prevailing Wage) .........................._,.................... .............................tw/ Materials Inspection Manager ..................................... ............................... ...........................110 Staff Engineer /GeologisUScienlisUField Supervisor .................................. ............................4w" 'ta S Senior Staff Engineer /GeologisUScientist ....... ........ . .......... .. ................................................ 7m1/ 'O's Operations Manager /Equipment Operator .............................................. ............................ ✓ 135 Project Engineer/ Geologisl/Scientist. ..................................................... ............................... qw f Fs°T Senior Project Engineer /GeologisUScientist .............................................................. ..........' iW/ Associate.................................................................... ............................... ............................189 Principal..................................................................... ............................... ............................205 SeniorPrincipal... ... ...... ....................................................................................................... 247 Technical Support Staff Hourly Rate Project Administrator NVord Processor ..................................................... ............................$74 InformationSpecialist ................................................... ............................... ............................105 GIS Specialist / CAD Operator ................................... ............................... ............................105 Effective through September 4, 2012, after which remaining work will be billed at then - current rates. 9060 302 - 1 -SP Leighton 17781 Cowan I Irvine, CA 92614 p 1 866- Leighton P60101418 Newport Beach Civic Center and Park. Project Leighton i Fee Schedule UNIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING Task Classification and Index Properties Method Per Test 8002 Moisture Content ASTM D 2216 $20 8003 Moisture and Density (Ring Samples) ASTM D 2937 30 8004 Moisture Content & Density (Shelby tube or requires cutting) ASTM D 2937 40 8005 Atterberg Limits (3 points) ASTM D 4318 150 8006 Single Point / Non - plastic ASTM D 4318 84 8024 Atterberg Limits (Organic) ASTM D 2487 / 4318 182 8007 Visual classification of point as non - plastic ASTM D 2488 11 8008 Particle Size: Sieve ONLY (1 Y inch to #200) ASTM D 422 110 8023 Large Sieve (6 -inch to #200) ASTM D 422/C136 175 8009 Hydrometer ONLY ASTM D 422 110 8010 Sieve + Hydrometer (s3 -inch sieve) ASTM D 422 185 8011 Dispersive Characteristics of Clay Soil (Double Hydrometer) ASTM D 4221 89 8012 Specific Gravity: Fine (passing 94) ASTM D 854 / CTM 207 125 8013 Coarse (retained on 94) ASTM C 127 1 CTM 206 100 8014 Total Porosity - On Shelby tube sample calculated from density & specific gravity 137 8015 Total Porosity - On other sample 105 8016 Photograph of sample 11 8017 Shrinkage Limits (Wax Method) ASTM D 4943 126 8018 Pinhole Dispersion ASTM D 4647 210 8020 Percent Passing 4200 Sieve wash ONLY ASTM D 1140 70 8021 As- Received Moisture and Density ( "chunk' or carved samples) 58 8022 Sand Equivalent (SE) ASTM D 2419 / CTM 217 105 Soil Chemistry and Corrosivity Method Per Test 8050 pH CTM CA Test 5321643 $42 8051 Electrical Resistivity - single point - in -situ moisture 42 8052 Minimum Resistivity (23 moisture content points) CTM CA Test 5321643 89 8053 pH + Minimum Resistivity CTM CA Test 532 1643 131 8054 Sulfate Content - Gravimelric CTM CA Test 417 Part II 68 8055 Sulfate Screen HACH kit 32 8056 Chloride Content CTM CA Test 422 68 8057 Corrosion Suite: pH, Chloride, Minimum Resistivity & Sulfate (gravimetric) CTM CA Test 532/643 245 8058 Organic Matter Content ASTM 2974 63 Shear Strength Method Per Test 8070 Pocket Penetrometer $16 8072 Direct Shear (3 points) Consolidated Undrained - 0.05 in. /min. ASTM D 3080 mod. 285 8073 Direct Shear (3 points) Consolidated Drained - <0.05 in. /min. ASTM D 3080 345 8074 Residual Shear (price per each additional pass after shear) EM 1110 -2- 1906 -IXA 70 8075 Remolding or Hand Trimming of specimens (3 points) 90 8076 Oriented or Block Hand Trimming (per hour) 58 /hour 8077 Daily equipment usage rate (after 2 days) 35 /day 8079 Single Point Shear 105 8080 Torsional Shear 620 Compaction and Pavement Subgrade Tests Method Per Test 8094 Standard Proctor Compaction (Maximum Density), 4 points' ASTM D 698 8092 4 inch diameter mold Methods A and B 5182 8093 6 inch diameter mold Method C 215 Modified Proctor Compaction (Maximum Density), 4 points ASTM D 1557 -07 8100 4 inch diameter mold Methods A and B 220 8101 6 inch diameter mold Method C 245 8102 Check Point per point 65 to 1 866- Leighton f 1 949 -250 -1114 page 2 1 8 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton Leighton Task 8000 8103 8104 8105 8090 8091 8120 8121 8122 8127 8123 8124 8125 8126 Leighton i 2W Fee Schedule UNIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING (Continued) Compaction and Pavement Subgrade Tests (Continued) Method Relative Compaction of Untreated & Treated Soils & Aggregates CTM 216 (Callrans CTM 216: Callrans wet density compaction curve) Consolidation (l i loads up to 16 ksf & unload to 0.25 with strain vs. Relative Density (0.1 cubic foot mold) ASTM D 4253, D 4254 California Bearing Ratio (CBR) — 3 point ' ASTM D 1883 — 1 point' ' Compaction (Maximum Density) should also be performed — not included in above prices R -Value — Untreated CTM 301 R -Value — Lime or cement treated soils (<7% additive) Triaxial Tests Unconfined Compression Strength of Cohesive Soil (with stress/strain plot) Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils ( USACE O test) (per confining stress) Consolidated Undrained Triaxial Compression Test for Cohesive Soils (CU, USACE R -bar test) with Back Pressure Saturation & Pore Water Pressure Measurement (per confining stress) Consolidated Drained Triaxial Compression Test (CD, USACE S test) with Volume Change Measurement Sand or silty sand soils (per confining stress) Sill or clayey sand soils (per confining stress) Clay sails (per confining stress) Three -stage Triaxial Tests CTM 301 Method ASTM D 2166 ASTM D 2850 ASTM D 4767 EM 1110 -2- 1906(X) Per Test $250 236 500 184 310 338 Per Test $135 168 375 375 500 705 Above price + 75% p 1 866 - Leighton f 1949-250-1114 page 3 18 P60101418 Newport Beach Civic Center and Park Project Leighton 9060 302 - 1 -10 Leighton Consolidation and Expansion /Swell Tests Method Per Test 8140 Consolidation (l i loads up to 16 ksf & unload to 0.25 with strain vs. ASTM D 2435 $195 load curve and one time - rate -of- consolidation curve) 8141 Each additional Time Curve 45 8142 Each additional load /unload wlo Time Reading 42 8143 Expansion Index (EI) ASTM D 4829 -08 131 8145 Swell /Collapse Test — Method A (Up to 10 load /unloads Wo time curves) ASTM D 4546 -A 289 8146 Single Load Swell /Collapse Test - Method B (Seat, load, and inundate only) ASTM D 4546 -B 105 8148 Collapse Potential of Soils ASTM D 5333 220 Hydraulic Tests Method Per Test 8162 Triaxial Permeability in Flexible -Wall Permeameter with Backpressure EPA 9100 4ASTM D 5084 $310 Saturation (at One Effective Stress) (Falling Head Method C) 8163 - Each Additional Effective Stress 121 8164 - Hand Trimming of Soil Samples for Horizontal K 58 8169 Remolding of Test. Specimens 58 Soil- Cement Method Per Test 8106 Moisture - Density Relations of Soil - Cement Mixtures ASTM D 558 $240 8107 Wet -Dry Durability of Soil- Cement Mixtures' ASTM D 559 1,205 8130 Compressive Strength of Molded Soil- Cement Cylinders' (per cylinder) ASTM D 1633 60 8161 Soil- Cement Remolded Specimen' (for shear strength, consolidation, etc.) 236 'Compaction (ASTM D 558 maximum density) should also be performed — not included in above price p 1 866 - Leighton f 1949-250-1114 page 3 18 P60101418 Newport Beach Civic Center and Park Project Leighton 9060 302 - 1 -10 Leighton Leighton i MW Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES Task Special Inspection Services (field) Prevailing Wage" Non - Prevailing 6200 Special Inspection Concrete ICC $92 $70 6201 Special Inspection Post- Tension Concrete ICC $92 70 6202 Special Inspection Structural SteelfWelding & Bolting ICC $92 70 6203 Special Inspection WeldingAWS /CWI $92 76 6204 Special Inspection Masonry ICC $92 70 6205 Special Inspection Masonry DSA 89 76 6207 Special Inspection Asphalt 85 70 6208 Special Inspection Fireproofing ICC $92 70 6211 Special Inspection Shotcrete or Gunite ICC $92 70 6212 Special Inspection Sholcrele or Gunite DSA 89 76 6213 Special Inspection Epoxy Injection & Anchors $92 70 6214 Balch Plant Inspection Concrete /Asphalt $92 70 6217 Fabrication Inspection (Local) AWS /CWI, ICC, Glulam $92 76 6218 Fabrication Inspection (Outside Southern California) Quote upon request, sile- specific 6219 Inspector Verified Report (DSA -5 /DSA -6) 89 76 Task Technician Services Prevailing Wage" Non - Prevailing 6230 ACI Concrete /Rebar Tag & Sample $92 $70 62330 Pachometer Survey 85 70 6234° Schmidt Hammer Survey 85 70 6235❑ Moisture Testing 85 70 6236° In -situ surface Wenner soil resistance test (including equipment) 100 85 6237° Pull -out Test on Embedded Bolts, Anchors and Dowels (including equipment) 100 85 6238° Earth Anchor Hold Down Test (4 hour, full load application with 5 tests minimum) Quote upon request, site - specific 6239a Earth Anchor Hold Down Test (Prelude / short term with full load) Quote upon request, site - specific 6240° Coring concrete, Shotcrete, masonry or asphalt in the field $100 62410 Sawing concrete, masonry or asphalt in the field Quote upon request, site - specific 6242 Pick -up and Delivery - (weekdays, per trip, <50 mile radius from Leighton office) $80 6232 Coring and Sizing (in house, al Leighton laboratories) 80 7120 Laboratory Technician (at Leighton laboratories) 80 o Portal to Portal Task Concrete Strength Characteristics Method Per Test 7200 Concrete Cylinders (6 -inch by 12 -inch) - Compression ASTM C 39 $25 7201 Gunite /Shotcrete Cores (laboratory coring and testing only) ASTM C 42 60 7202 Lightweight Fill Concrete (3 -inch by 6 -inch) ASTM C 495 30 7203 Compression, Concrete or Masonry Cores (testing only) < -6 -inch diameter ASTM C 42 40 7220 Trimming concrete cores (per core) 20 7204 Splitting Tensile - 6 -inch by 12 -inch cylinder ASTM C 496 50 7205 Flexural Strength of Concrete (Simple Beam with 3rd pt. Loading) ASTM C78 65 7206 Mix Design, Determination of Proportions 250 7207 Mix Design, Review of Existing 150 7208 Laboratory Trial Batch with Slump, Unit Weight & Air Content ASTM C 192 457 7209 6 -inch by 12 -inch Cylinder, Make and Test (tab trial batch) ASTM C 192 25 7210 3 -inch by 6 -inch Grout Prisms, Make and Test (lab trial batch) ASTM C 192 25 7211 6 -inch by 6 -inch Flexural Beams, Make and Test (lab trial batch) ASTM C 192 65 7213 Cylinder molds, 6 -inch by 12 -inch, 2 -inch by 4 -inch when not used with testing 3 7214 Unit Weight of Hardened Ligltl weight Concrete ASTM C 567 50 7215 Rapid Cure Concrete Cylinders (Boil Method) ASTM C 684 50 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) ASTM C 157 400 7217 Modulus of Elasticity /Poisson's Ratio 3 -inch by 6 -inch cores ASTM C 469 350 7376 Flexural Strength of Concrete (simple beam w/ center point loading) t CTM 523 65 p 1 866- Leighton f 1 949 - 250 -1114 page 4 18 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton Leighton Leighton I 9@M Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued) Task Aggregate Properties Method Per Test 7240 Sieve Analysis of Fine and Coarse Aggregate ASTM C 136 $135 7241 Sieve Analysis -Finer than #200 (Wash) ASTM C 117 90 7242 LA Rattler - Smaller Coarse Aggregate < ASTM C 131 165 7243 LA Rattler- Larger Coarse. Aggregate > ASTM C 535 190 7244 Soundness Magnesium ASTM C 88 225 7249 Soundness Sodium 650 7245 Organic Impurities ASTM C 40 90 7246 Clay Lumps, Friable Particles ASTM C142 175 7370 Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) m CTM 201 & 202 265 7373 Grading & Specific Gravity Calculation t CTM 105 80 7247 Durability Index CTM 229 200 7248 Cleanness Value of Coarse Aggregate CTM 227 210 Task Masonry Method Per Test 7260 Mortar Cylinders (2 -inch by 4 -inch) ASTM C 780 $25 7261 Mortar Cubes (2 -inch by 2 -inch) ASTM C 109 25 7262 Grout Prisms (3 -inch by 6 -inch) ASTM C 1019 25 7263 Concrete or Masonry Cores Compression, 56 -inch diameter (Testing Only) ASTM C42 40 7264 CMU Compression (3 required) to size 8 -inch by 8 -inch by 16 -inch ASTM C 140 45 7265 CMU Compression (3 required) greater than 8 -inch by 8 -inch by 16 -inch ASTM C 140 50 7266 CMU Moisture Content, Absorption & Unit Weight (6 required) ASTM C 140 40 7267 Masonry efflorescence (5 required) ASTM C 67 40 7268 CMU Linear Drying Shrinkage ASTM C 426 175 7269 CMU Grouted Prisms (compression test <_ 8 inch by 8 -inch by 16 -inch) ASTM E 447 180 7280 CMU Grouted Prisms (compression test > 8 -inch by 8 -inch by 16 -inch) ASTM E 447 250 7281 Masonry Core -Shear Title 24 (Test Only) 70 7283 Specimen Prep (Sample by others) 50 7284 CMU width, depth and face shell measurements 40 Task Brick Method Per Test 7290 Compression (5 required) ASTM C 67 $40 7291 Modulus of Rupture (5 required) ASTM C 67 40 7292 Absorption, Soak (5 required) ASTM C 67 40 7293 Absorption, Boil (5 required) ASTM C 67 50 7294 Absorption, Saturation Coefficient (5 required) ASTM C 67 50 7295 Initial Rate of Absorption (5 required) ASTM C 67 40 7296 Efflorescence (5 required) ASTM C 67 55 7297 Efflorescence with Mortar (5 required) ASTM C 67 65 Task Steel Reinforcement Method Per Test 7300 Tensile Test, Up to No. 10 .ASTM A 370 $45 7301 Tensile Test, No. 11 and over ASTM A 370 100 7302 Bend Test, Up to No. 11 ASTM A 370 45 Task Structural Steel Method Per Test 7310 Tensile Strength, <_100,000 pounds axial load ASTM A 370 $45 7311 Tensile Strength, 100,000 to 200,000 pounds axial load ASTM A 370 60 7312 Bend Test ASTM A 370 40 7313 Pipe Flattening Test ASTM A 370 Quote 7314 Machining and Preparation of Samples ASTM A 370 Quote 7315 Brinell & Rockwell Hardness Test ASTM A 370 55 7316 Chemical Analysis, Carbon and Low Alloy Steel Quote p I 866- Leighton f1949 -250 -1114 page 518 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton Leighton Leighton i 2@W Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued) Task Pre - stressing Method Per Test 7320 Prestressing Wire, Tension (stress vs. strain plot) ASTM A 416 $150 7321 Sample Preparation (cutting) 50 7322 Prestressing cable, 7 wire (Breaking strength /Modulus of Elasticity) ASTM A 416 190 Task Weld Procedure and Welder Qualifications Rate 6320 Welder Certification/Weld Procedure Review (AWS /CWI) $85 /hour 7330 Weld Tensile Test 50 each 7331 Weld Bend Test 40 each 7332 Weld Macro -Etch 60 each 7333 Bolt Tensile Test 50 each 7334 Boll, Nut or Washer Hardness Test 50 each 7335 Bold Elastic Proof Load Test 50 each Task Fireproofing Method Per Test 7340 Unit Weight (Density) ASTM E 605 -93 $60 Task Asphalt Concrete, Specimen Testing Method Per Test 7350 Extraction, Percent Asphalt and Gradation, Centrifuge ASTM D 2172/C 136 $195 7351 Extraction & Percent Asphalt (only), Centrifuge ASTM D 2172 155 7355 Extraction and Gradation Only, Centrifuge ASTM D 2172/C 136 175 7352 Bulk Specific Gravity — Molded Specimen or Cores ASTM D 1188 55 7353 Maximum Density - Hveem CTM 308 125 7354 Stabilometer Value CTM 366 265 7357 Bituminous Mixture Preparation CTM 304 80 7377 Moisture Content of Asphalt t CTM 370 60 7378 Sampling Highway Materials /Products (Roadway Structural Sections) t CTM 125 Quote 7379 Extraction by Ignition Oven CTM 382 (8/2003) 150 Rubberized Asphalt add 25% Task Mix Design /Control Method Per Test 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 15601CTM 366 $200 7363 Field Mix - Marshall Stability per point ASTM D 1559 200 Task Moisture Vapor Emission Rate (MVER) Test Method Per Test 6325 Moisture Test Kit (excludes labor to perform test) ASTM E 1907 $60 Task Other Services Method Rate 6260 Non - Destructive Testing (NOT) each weld ANSI $92 each 6259 Radiographic Testing Quote 6270 Project Closeout 215 /hour T soil t material x soil & materials p I 866 - Leighton f 1949-250-1114 page 6 18 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton 49 Leighton Leighton i MM Fee Schedule FIELD EQUIPMENT LIST Task Equipment, Supplies and Materials Unit Rate 8200 Box of 10 soil drive - sample rings $125 per month 9594 Caution Tape (1000 -foot roll) 15 each 9575 Combination Lock or Padlock 15 each 9564 Core Sample Boxes 15 each 9565 Cutoff Saws, reciprocating, electric (Saws -All) 45 per day 9566 D.C. Purging Pump, 3 gpm 25 per day 9555 DOT 55- gallon Containment Drum with lid 60 each 9567 Dissolved Oxygen Meter 40 per day 9537 Generator, portable gasoline fueled, 3,500 watts 75 per day 9538 In -Situ Level-Troll 500 (each) 50 per day 9539 In -Situ Troll 9500 Low Flow Water Sampling Equipment 120 per day 9543 Level B Protection (per person) 300 per day 9544 Level C Protection (per person) 180 per day 9574 Magnahelic Gauges, each 10 per day 9511 Mileage (current published IRS rate) IRS rate /mile 9547 Nitrile Gloves 15 per pair 9522 pH /Conductivity/Temperature Meter 45 per day 9562 Photo- Ionization Detector (PID) 440 per week 9557 Pump, Typhoon 2 or 4 Stage 45 per day 9512 Service Vehicle Usage 150 per day 9581 Slip / Threaded Cap, 2 -inch or 4 -inch diameter, PVC Schedule 40 8 each 9593 Snow Fence (100 -foot roll) 15 per day 9595 Survey /Fence Stakes 5 each 9526 Submersible Pump, 10 gpm, high powered Grunfos 2 -inch with controller 160 per day 9527 Submersible Sump /Transfer Pump, 10 -25 gpm 45 per day 9582 Threaded Cap, Schedule 40 PVC 15 per cap 9585 Tedlar0 Bags 15 each 9586 Traffic Cones ( <25) /Barricades (single lane) 40 per day 9556 Tubing, clear vinyl 3/8 -inch diameter .45¢ per fool 9528 Turbidity Meter 70 per day 9548 Tyvek® Suit (each) 12 each 9529 Vapor Sampling Box 40 per day 9588 Visqueen, 6 -mil, 20 feet x100 feet roll, 6 -mil 75 per roll 9536 Water Level Indicator (electronic well sounder) 5300 feet deep well 40 per day 9597 Double -Ring Infiltrometer (ASTM D 3385 -09) equipment 350 per day p I 866- Leighton f1949- 250 -1114 page 718 P60101418 Newport Beach Civic Center and Park Project Leighton 9060 302 - 1 -10 Leighton Leighton 12M Fee Schedule TERMS AND CONDITIONS Overtime: Overtime for field personnel will be charged at 1.5 limes basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. • Minimum Hourly Charges for Geotechnical and Environmental Technicians (field time only): Ipieaday- F -rida? ........................................................................... ............................... 2 -heuFs o c-.t y- arid- SUnd,a Minimum Hourly Charges for Special Inspectors or Material Testing Field Services (field time only): e- -t QQ t t_ �• t t. a 'No charge if cancellation is made before 4:00 p.m. of the preceding work day. Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and /or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and /or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and /or disposing of soil and /or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn - around time for geotechnical- laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28 -day breaks for a given set meet specified compressive or other client- designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28 -day break. All other construction materials will be disposed of after completion of testing and reporting. p I 866 - Leighton f 1949-250-1114 page 8 1 8 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton 49 Leighton