Loading...
HomeMy WebLinkAbout13 - Civic Center & Park Geotechnical Observations & Construction Material TestingsCITY 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 Observations 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: orA Tse, P.E. r nc al Civil Engineer Submitted by: Stephen G. Badum dPublic 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 h 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 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. 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: �Nlyne Ael D. e u amp, Assistant City AWrney r_11I11r*111111 LOSA Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation 0 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. ■ 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); • Retaining wall footing excavation and subgrade preparation; Leighton Consulting 1 8 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES I • 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; • 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. ■ 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 110 PROPOSAL FOR l,,:WPORT BEACH CIVIC CENTER AND PARK PROJECT I MAY 4, 1010 SOIL TESTING & INSPECTION SERVICES Cost Proposal Sr Pxnapal semarVmlen senlm smn Engineer /Geoiogls, Englneu En&nee� /Geologist sanro, TecM1nician �p /cis wore P�ace4og Laoo�amn taxGne Lelgn��n Le,gMOn io�a6ee (Taml Pesornei Owe Rate /Hour c $ 247 $ 135 $ 95 $ 75 $ 105 $ ]4 Snoring Plan Revlaw(IStand2nd S;11:1 11 0 1 v w . 1 ' 18 1 5 2.878.00 Lentlsdpe Plan Review (151 antl 2nd Submltta0 Asneeeed Plan/Sede Renlewand Approval d ±14 16 8 28]800 30 8 4.050.00 Imi - 8 ' 66 $ 9,808.00 ROUgM1Grede Expprtlo TOpaf Perking Structure 50 u 50 8 Solder Piles,'' B.ca &Lagging lnstallatlon 320 320 $ 30,600.00 0verexcavatlon far Building Pad 120 _ 120 8 11A00.00 MassGraeing Report 40 10 8 a 62 8 ],486.00 Subtotal -.40" 500 8 4 552 $ 54,036.00 Rough Grading, CUt Benches &Keying 80 40 1201. $ 10,600.00 Retaining Wall Foundatlon Emanation g '- - - - -- 60.00 Retaining Wall Waterprapfing, SUhtlrain ackfill 20 — - -�01 $ 1,900.00 Su :1 108 40 148 $ ]3,260.00 Welland Clear &GIVb 20 ,. 20 $ 1,900.00 Wetland Rough Grade 40 40 $ - 3,000.00 Subbil 2C 40. 60 $ 4,900.00 Rough GraeetO Building Pad g0 ae0 5 6.000.00 Rouge Grztling/ Pad Ciinlfica,mn Report 30 10 10 4 -� 54 8 6.346.00 Sutrtotel >30 10. 80 -, 10, 4 139 $ 12,348.00 Frilling & TIEBBCk 120 1203 b 11,60000 Footing Excavation &Grade Beam 10 _ 10 8 - 950.00 Preparation for SI.Ixn-Grade 8 1 1 1 8 1 $ 600.00 nderground Plumbing& Elertecal Trenches - - -_ -- - - - -30 - - -10- 20 - -4 - -- - _,4... -- 20 a6 E 1.500 -00 8 5.]16.00 Rough Grading /Pad CertiSCatlon Report------ Subtotal 30 140- 28' 4. 4 206 $ 20,166.00 Drilling &Tie -Back 480 480 $ 45.600.00 Feoting Excavation &Grade Beam 60 60 1 $ 570000 Preparation for Slat,on-Grade q0 40 _ 8 3.000.00 Backfill &Reccmpact 60 60 8 4,500.00 Underground Plumbing& Electrical Trenches 20; -20 8 1.500.00 Rough Grading/ Pad Certi6catian Repan 30 30 4� 2 1 46 8 5,568.00 Sutmnal- 30- 550 120 4 2 i 706 $ 85,868.00 Leighton Consulting 1 1 oft PROPOSAL FOR I.cdJPORT BEACH CIVIC CENTER AND PARK PROJECT ( MAY 4,1010 SOIL TESTING & INSPECTION SERVICES Sr Principer senior Prolen Engineer /GCOloglst Engineer Senior Six Enyneer /Gealogux 5[nior T—oze. G40 /GIS Woro ProoessinR 1, laooramry in.rmt Leigoran p[sorne, x0 scrgmon !oral FUe lisml Race /Hour [ E 242 f 135 E 95 E ]5 E 105 E 74 van ae Drilling & Tie Back Footing Exeavau 80 I Sc .� —._ $ 7.600.00Iv I.b .Graeeam Preparation farSleb omGratle 30 _ _ 10 $ 950.00 Undargmund Plumb'ng &Electrical Trenches 8 I �- e�$ _ 600.OD Rough Gmtling/ Pad Cenifmation 1apon 10 -- -- 10 i 750.00 30 10 4 2 - - - -' 46 "- - S 5,568.00 Sub$andl 30 100 16 4 2 ri 154 E SS,468.M r5''4'�°"14r`• gf- Retaining Walls RO Pa C walks. 60 $ _ 6.000GQ Sitle urb& Gutter, vers, pG Walkways 80 80 $ 6,000.00 SuMatal 180 160 E 12,000.00 vY Agricultural Sampling &Testing° 14.500 8 14,500.00 _ Stockpile Obsetvati0n &testing° 80 80 3 ],600.00 Suttplel BE, 14,500 80 E 22,100.00y� .. .ti _ ..v. ASiu"�. na m ✓< �... f 0 it t Mesimum Dry Oenslty & Mo shire Content _. ... ... ..3i�•. Expansion Index(EO Coronslpn SU to Sand Equivalent (BE). Grain Size 4.950 5 4,950A0 Subtanml q,g50 0 $ 4,950.00 » tx. F4a hr2 Iffa. 6g. [�•. Y4 .. r a ' •. ='. Miss. -, x, .. v..ara;s.N. _.b .i. -..h _., Subaurfeue Exploration 8 20 a� ^S ^• 28 21 980M Laboratory Testing 3°00.00 Geolech0ial Analysis 40 F 20 60 8 ].300.00 GeoteoM1ical geport -- —'- -" 8 50 20 ]8 3 10,626.00 $.Mantel 8 98 60. 3,900 166 $ 24,806.00 Genial ,set Report B 1 40 20 12 4 $ 10.632.00tl li SuMantel 8 40 2IS 12 4 -- g4 E 10,832.00 r Engineering s flFls, RFC. QqQD 9 195 S 2632500Ta m Merb 8 Project 40 - 40 S 5.40000 Field COOrtlinelipn 100 -" I 30D 3 13,500.00 Project Management 60 - -- -- - -- - -- -- 80 5 10.800.00 SOMOteI 415 415 $ 56,025.00 Notre' 1.IDI5 prptttt Is sugenm me preveilingwege law. 2. The feels for collealon ara Lnling P, 100 agrl[vlrural 2011 samples. PEEleonal sdl samples will of one t at the came rate (l.[. E23,300 per toe aampinl ]JSwming gmecnnlr'al e2pl0ratlon Oe PeRarm<Ogrlela mepving aM1er massgaEing lS [amges4. Otlllingu at repuirea unle55the OposeO SUrlace rs signilicenny aemate0 roan OUr nnemgs in ne g[omc ^.meet repan. Leighton 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. Chong 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 12 PROPOSAL FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT ( 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. IN 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 • 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 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 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 I 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 EXHIBIT B 4 W, Leighton 2010 PROFESSIONAL FEE SCHEDULE* PROFESSIONAL SERVICES Newport Beach Civic Center and Park Project Technical Staff Hourly Rate TechnicianI ......... ....._.............. ..... _. ... ___ ...... _. ......... ..... ... _..... ............... ..... ...................... $83 TechnicianII .............................................................................................. .............................88 SeniorTechnician ...................................................................................... .............................95 Laborer (Prevailing Wage) .__ .......... .............................._____...___..... ..._......__.................95 Soil /Field Technician (Prevailing Wage) ....... ........................................................... ... ......... JW e Materials Inspection Manager .................................... ............................... ............................110 Staff Engineer /GeologisUScientisUField Supervisor.. _...._._____ ............ .............................fir $ Senior Staff Engineer/GeologisUScientist. .................. ............................... ...........................'ids Operations Manager /Equipment Operator..... ........... _ ...... _ ....... ............. _ .............. .. _.- - 1W V 135 Project Engineer/ GeologisUScientist ........................................................ .............................WV 135, Senior Project Engineer /GeologisUScientist ......... .................................................. ........ ...... 409W d 31 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 1 866 - Leighton P60101418 Newport Beach Civic Center and Park Project Leighton 12111111111111 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'/, -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 / CTM 207 125 8013 Coarse (retained on 94) 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 #200 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 (23 moisture content points) CTM CA Test 532/643 89 8053 pH + Minimum Resistivity CTM CA Test 532/643 131 8054 Sulfate Content - Gravimetdc 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 $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 p I 866- Leighton f 1 949 - 250 -1114 page 2 18 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton Leighton Leighton i 2W 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: Caltrans 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 (<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 O 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 test) EM 1110 -2- 1906(X) with Volume Change Measurement 8123 Sand or silty sand soils (per confining stress) 375 8124 Silt 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 10load/unroads w/o 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 /ASTM 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) 866 - Leighton f 1949-250-1114 page 3 18 49 P60101418 Newport Beach Civic Center and Park Project Leighton 9060 302 - 1 -10 Leighton Task 6200 6201 6202 6203 6204 6205 6207 6208 6211 6212 6213 6214 6217 6218 6219 Leighton i 2M Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES Special Inspection Services (field) Special Inspection Concrete ICC Special Inspection Post - Tension Concrete ICC Special Inspection Structural Steel/Welding & Bolting ICC Special Inspection Welding AWS /CWI Special Inspection Masonry ICC Special Inspection Masonry DSA Special Inspection Asphalt Special Inspection Fireproofing ICC Special Inspection Shotcrete or Gunite ICC Special Inspection Shotcrete or Gunite DSA Special Inspection Epoxy Injection & Anchors Batch Plant Inspection Concrete /Asphalt Fabrication Inspection (Local) AWS /CWI, ICC, Glulam Fabrication Inspection (Outside Southern California) Inspector Verified Report (DSA -5 /DSA -6) Prevailing Wage" Non - Prevailing $92 $92 $92 $92 $92 89 85 $92 $92 89 $92 $92 $92 Quote 89 $70 70 70 76 70 76 70 70 70 76 70 70 76 upon request, site - specific 76 Task Technician Services Prevailing Wage" Non - Prevailing 6230 ACI Concrete /Rebar Tag & Sample $92 $70 6233❑ 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 6239❑ 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 6241a 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, at Leighton laboratories) 80 7120 Laboratory Technician (at Leighton laboratories) 80 a 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) s6 -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 C 78 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 (lab 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 Light 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 I 866- Leighton f 1 949 - 250 -1114 page 4 18 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton W Leighton Leighton ISM 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 C 142 175 7370 Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) >K 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 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 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, Bail (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 C67 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, 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 I 866 - Leighton f 1949-250-1114 page 5 18 ;9 P60101418 Newport Beach Civic Center and Park Project Leighton 9060 302 - 1 -10 Leighton Leighton i 21111W 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 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 21721C 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 m soil & materials p 1 866 - Leighton f 1949-250-1114 page 618 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton 4 Leighton Leighton I ! 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 Tedlar® Bags 15 each 9586 Traffic Cones (<25) /Barricades (single lane) 40 per day 9556 Tubing, clear vinyl 318 -inch diameter .450 per foot 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) <_300 feet deep well 40 per day 9597 Double -Ring Infiltrometer (ASTM D 3385 -09) equipment 350 per day p I 866- Leighton f 1949-250-1114 page 7 1 8 P60101418 Newport Beach Civic Center and Park Project Leighton 9060 302 • 1 -10 Leighton Leighton i 2M 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 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): • Minimum Hourly Charges for Special Inspectors or Material Testing Field Services (field time only): 1. Ganeellation of nspeGtiens Rat GaFiGeled by 4iGG p.m an R g day* 2 hours 2. One half werkriRg day or less except as Ne. 3 (below) applies ........................ Actual us 3. Over One half warking day, or begiRs 194,9FA RGAR and exteRdS into afterneonActual houn; '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 -d2y break. All other construction materials will be disposed of after completion of testing and reporting. p I 866-Leighton f1949- 250 -1114 page 818 P60101418 Newport Beach Civic Center and Park Project 9060 302 - 1 -10 Leighton -140, Leighton