HomeMy WebLinkAboutCC AG PKT 2010-08-09 #YAGENDA STAFF REPORT
DATE: August 9, 2010
TO: Honorable Mayor and City Council
THRU: David N. Carmany, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: MCGAUGH ELEMENTARY SCHOOL TENNIS COURTS
CONDITION UPDATE
SUMMARY OF REQUEST:
It is requested that the City Council adopt Resolution No. 6049 awarding a
contract for the geotechnical investigation of the McGaugh Tennis Courts to
Leighton and Associates in the amount of $6,200.
BACKGROUND:
The City of Seal Beach operates three tennis courts adjacent to the pool site.
The Los Alamitos Unified School District ( LAUSD) is concerned about underlying
soil beneath the tennis courts being saturated with water due to previous leaking
from the pool. At the April 26, 2010 City Council Meeting, the City Council
awarded construction to Commercial Aquatic Services to rehabilitate the pool site
at McGaugh Elementary School. This construction is now complete. Over the
past two years, LAUSD has been storing equipment and parking construction
equipment on the tennis courts. This equipment and material storage is related
to a modernization project for the school that was recently constructed (separate
from the City's pool project) by LAUSD.
In January of 2010, LAUSD prepared a geotechnical report for the tennis courts.
This report provided recommendations on improvements needed for the tennis
courts to make them able to withstand loading if the area is made into a parking
lot. The geotechnical firm and school district removed one section of concrete
and found a void and water under the concrete slab. The report assumes that
this void exists under the entire tennis court area and recommends that material
be injected to fill the void and stabilize the pad.
Staff has reviewed the geotechnical report and responded with comments to the
City Council on June 14, 2010. At this time staff is not able to determine the
validity of the recommendations contained within the report. It is not apparent
where voids underneath the concrete slab exist. Further investigation is
necessary if determining the location of these voids. Additionally, if the use of
Agenda Item Y
Page 2
the tennis courts remains as tennis courts and not subject to vehicle loading, staff
is unsure as to the urgency of filling the voids.
The school district has placed equipment and construction vehicles on the tennis
courts. This construction equipment is likely heavier than the loading that was
intended for the parking lot itself. It is probable that if the concrete slab can
withstand the loading of these construction vehicles the slab will be more than
capable of operating as a tennis court with the only loading being tennis players.
On July 30, 2010, City staff met with LAUSD representatives to discuss the
tennis courts. The School District cited the geotechnical report and requested
that the voids under the tennis courts be addressed.
The purpose of this staff report is to request approval of a professional services
agreement to assess if voids do in fact exist under the concrete slab.
Subsequently, recommendations will be made to structurally fill any voids that
are found. On the afternoon of July 30, 2010, staff solicited a bid from Leighton
and Associates to provide this service. Leighton and Associates is a
geotechnical firm with 49 years of experience specializing in situations similar to
this one. The fee of $6,200 is appropriate for the service received.
FINANCIAL IMPACT:
On April 12, 2010 the City Council approved Budget Amendment 10 -10 -01 for
the amount of $150,000 to cover the construction, inspection, bond fees and
contingency cost from the McGaugh Swimming Pool Project. On July 12, 2010
the McGaugh Swimming Pool project was accepted for a final cost of
$119,248.47. $6,200 will be funded through this budget amendment as this
action is associated with the pool.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 6049 awarding a
contract for the geotechnical investigation of the McGaugh Tennis Courts to
Leighton and Associates in the amount of $6,200.
SUBMITTED BY: NOTED AND APPROVED:
Sean P. Crumby P.E. David N. Carmany
Director of Public Works City Manager
Attachments:
A. Resolution No. 6049
B. McGaugh Tennis Court Geotechnical Report (LAUSD)
C. Professional Services Agreement
D. Proposal for Services
E. Minute Excerpt (06- 14 -10)
Attachment "A"
Resolution No. 6049
RESOLUTION NUMBER 6049
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING THE CONTRACT FOR THE MCGAUGH SCHOOL
TENNIS COURTS CONDITION UPDATE REPORT
WHEREAS, the City of Seal Beach proposes to have a geotechnical
investigation done on the McGaugh School Tennis Courts; and
WHEREAS, staff recommends the selection of Leighton and Associates
(Amount of $6,200) as the lowest responsible and responsive bidder.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council hereby awards a contract in the amount of
$6,200.00 to Leighton and Associates for the McGaugh School Tennis Courts
Condition Update.
Section 2. The Council hereby directs the City Manager to execute the contract
for the McGaugh School Tennis Courts Condition Update.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach, at a regular meeting held on the 9th day of August . 2010 by the
following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6049 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 9th day of August 2010.
City Clerk
Attachment "B"
McGaugh Tennis Court
Geotechnical Report
(LAUSD)
A
!A ML
TGR GEOTECHNICAL, INC.
GEOTECHNICAL • MATERIALS • ENVIRONMENTAL
January 5, 2010
Project No. 09 -2598
Los Alamitos Unifled School District
10652 Reagan Street
Los Alamitos, CA 90720
Fax. (562) 799 -4599
Attention: Mr. Lary Atherton
Subject limited Geotechnical Distress Investigation, Tennis Courts Northwest Side of Swimming Pool,
MoGaugh Elementary School, 1698 Bolsa Avenue, Seal Beach, California.
Dear Mr. Atherton,
In accordance with your request, TGR Geotechnicai, Inc. (TGR) has completed the limited geotechnlcal
distress evaluation of the Tennis Court Slab at the sutject site. The work was performed In ecoordanoe with
our proposal dated December 18, 2009 and your subsequent authorization to proceed. It is our
understanding that cracks had developed within the tennis court slab adjacent to the swimming pools. The
purpose of the current investigation is to evaluate the condition of the subsurface soils supporting the subject
slab and provide mitigation recommendation.
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The following were performed at the subject site.
1. Site reconnaissance.
2. Concrete coring at five (5) locations within the tennis court.
3. Sampling and logging five (5) hand auger borings to a depth of approximately 5 feet below
existing slab.
4. Laboratory testing of selected samples to Include: In -situ moisture density and optimum moisture
content.
5. Preparation of this limited geotechnical distress investigation report, summarizing current sub-
surface soil conditions, findings, and presenting mitigation measures.
/ • u •
On December 22, 2009 field exploration was performed by coring the concrete slab at We (5) different
locations, and drilling to a depth ranging from approximately 5 feet to 6 feet below bottom of existing slab,
and obtaining representative sNl samples. The borings were backfilled with cuttings. Patching the borings
was not within the scope of services, and was performed by others. The approximate locations of the borings
are shown on the Boring Location Map, Plate 1.
Relatively undisturbed/grab samples of soils were extracted using modified California Ring Sampler (CRS),
3 -inch outside diameter, and 2.424nch inside diameter. All samples were secured in moisture- resistant bags
as soon as taken to minimize the loss of field moisture while being transported to the laboratory and waiting
to be tested. The borings were backfilled with excess excavated soils.
3037 S. Harbor Boulevard • Santa Ana , CA 92704 • Ph.: 714.641.7189 - Fax 714.641.7190
r • 'r
09-2598
SUBGRADE SOIL
The sub-grade soil generally consists of dark brown to reddish brown silly sand. The descriptions of the earth
materials encountered, along with the densities and moisture contents, are presented in the table below. Soil
collapse and erosion was observed in boring B -1 from the subgrade level to approximately 2 feet below the
bottom of the tennis court slab.
LABORATOBX STING
Moisture and Densiy Determination Tests: Moisture Content and dry density determinations were
performed on relatively undisturbed samples obtained from the test borings. The results of these tests are
presented below. Where applicable, only moisture content was determined from "undisturbed" or
disturbed samolas.
Sampla
Location
Soil Description
Moisture (%)
Dry
Density
(Ixfl '
Relative
Compaction
N
B-1 @ SG
No Recovery. Voids and Free Standing
Water to 2 ft below Grade.
-
-
-
B-1 C 4-
Dark brown silly SAND
17.5
-
B-2 Q SG
Reddish brown silty SAND
12.7
111.9
88'
B-2 @ 4-
Reddish brown silty SAND
10.9
1202
94
B-3 @ SG
Dark brown silty SAND
10.0
112.5
88
B-3 a 4-
Reddish brown silly SAND
9.8
120.0
94
B-4 C SG
Dark brown silty SAND
18.1
109.8
86
94 ®4-
Reddish brown silty SAND
12.5
119.4
94
B-6 Q SG
Reddish brown silly SAND
9.3
110.1
Be
B35 @ 3-
Dark brown silty SAND
9.6
113.0
89
B-5 ® 5-
Brown Silty SAND
11.8
120.6
95
Maximum Density Tests: The maximum dry density and optimum moisture content of typical materials were
determined In accordance with ASTM Test Method D1557. The results of these tests are presented in the
best date and in the table below.
Maximum Dry i Optimum
Sample Sample Description Density moisture content
Location 04 N
B-4 (0 to 41 Silty Sand 127.5 9.5
EVALUATION AND BF&ONIMENDAMON
Based on our field observation, encountered voids and water, in -situ molistim contarrt and change in
moisture content with lateral and vertical distance it is TGR-s professional opinion that the encountered water
Is a result of leakage from the adjacent swimming pools.
Evidence of water and soil emsion/oollapse was present in boring B- ladvanced at the southwest comer of
the tennis court in the'most distress area located adjacent to the swimming pools. The erosioNoollapse and
free standing water extended to approximately 2 feet below slab bottom. The subsurface, m*ture content is
-2- A- 1 f t
TGR GEOTECHNICAL, INC.
I
09 -2598
significantly above optimum moisture content in the upper 4 feet where adjacent to the swimming pools and
at the southwest oomer of the subject tennis court The subsurface relative compaction varies from 88
percent to 88 percent in the upper 2 feet of the subgrade, with the exception of boring B-1.
In order to protect the upper 2 to 3 feet of subgrade from additional seepage water we recommend placing a
Trend-Drain' at approximately 2 feet i>elow existing grade adjacent to the existing swimming pools. The
drain pipe shall be perforated and wrapped In %finch crushed aggregate. The recommended location of the
drain Is presented on Plate 1, attached. The drain should outlet to an approved drainage area.
The slab may be leveled using vold filling/oompaction grouting. The grout points shall be in a grid like pattern
and shall be spaced at 4 feet on center In Wo4ireoctions. The recommended limit of the grout pawls is
presented on Plate 1, attached. The maximum depth of compaction grouting should be 10•feet below existing
grade, and the grout shall be pumped at 2 feet vertical intervals. The grouting operation shag be performed
under the full time observation of TGR to ensure that the intent of this report and the recommendations
presented in this report are implemented during construction.
[: K!Kl
This report has been prepared for the exclusive use of Los Alamitos Unified School District and their
'design consultants relative to the subject project No portion of this report may be used by other parties or
for other purposes.
The findings contained in this report are based upon the information obtained from the limited number of
test borings and the results of laboratory testing and engineering analysis. As part of the engineering
analysis, It has been assumed, and is expected, that the geotechnical conditions, which exist across the
site, are similar to those encountered in the exploratory borings drilled. However, no waraanty Is expressed
or implied as to the conditions at locations or depths other than those excavated.
Our findings were obtained in accordance with generally accepted current professional principles and local.
practice in geotechnical engineering. We make no other warranty, either express or implied.
This report is subject to review by the controlling authorities for the project We thank you for this
opportunity to be of service to you on this project If you have any questions regarding this report, please
do not hesitate to call this office.
Respectfully submitted,
TGR GE07ECHNiCAL, Mr.
11vo C070387
EXP 8-30. rd
ZaherJ. Yazeji, PE, 70387
Senior Project Engineer
Attachment Plate 1— Coring Location Map
DWbutbn: (4) Addressee
A
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TO R OEOTECHNICAL. INC.
McGaugh Elementary School Parking Evaluation
EAST PARKING LOT— EXISTING CONDITIONS
46 Staff Stalls (includes 2 ADA stalls)
2 CDC short -term Stalls
Total: 48 stalls
ADMINISTRATION AREA — EXISTING CONDITIONS
8 Staff stalls (includes 2 ADA stalls)
Total: 8 stalls
WEST PARKING LOT —EXISTING CONDITIONS
26 Staff stalls
9 Stalls - west of the courts (used by City)
16 Visitor stalls - north of the courts (includes 2 ADA stalls)
3 Parent auction stalls - at east fence
Total: 54 stalls
SUMMARY — EXISTING CONDITIONS
80 Staff stalls
9 Stalls (used by City)
2 CDC short-term Stalls
14 Visitor stalls
3 Parent auction stalls
Total parking 110
NO CHANGES PROPOSED TO EAST AND FRONT LOTS
WEST PARKING LOT— PROPOSED CONDITIONS
69 Staff stalls (+ 43)
26 General parking (+ 26)
9 Stalls - west of the courts (used by City) (+ 0)
10 Visitor stalls - north of the courts (Includes 4 ADA stalls) (- 6)
3 Parent auction stalls - at east fence (+ 0)
Total: 117 stalls
REVISED SUMMARY - PROPOSED CONDITIONS
123 Staff parking
26 General parking (SELPA, YA (KC), volunteers, visitors, pool maint., pool /gym users)
9 Stalls - west of the courts (used by City)
2 Short term parking CDC
10 Visitor stalls
3 Parent auction stalls
Total parking 173 (+ 63 spaces)
— — — -1 - "`AwTYAPW -I- l-
FIRE LANE
II
II
WEST PARKING LOT - PROPOSED CONDITIONS
69 Staff stalls (+ 43)
26 General parking (+ 26) I
9 Stalls - west of the courts (used by City) (+ 0)
10 Visitor stalls - north of the courts (Includes 4 ADA stalls) (- 6) I I
3 Parent auction stalls - at east fence (+ 0) - -- — -
Total: 117 stalls
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Attachment "c"
Professional Services Agreement
DESIGN PROFESSIONAL SERVICES AGREEMENT
FOR THE
MCGAUGH TENNIS COURT
GEOTECHNICAL INVESTIGATION
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
LEIGHTON
17781 Cowan
Irvine, CA 92614
This Design Professional Services Agreement ( "the Agreement) ") is made as of the 09
day of August, 2010 (the "Effective Date "), by and between Leighton ( "Consultant "), a
California Corporation, and the City of Seal Beach ( "City "), a California charter city,
(collectively, "the Parties ").
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RECITALS
A. City desires certain professional services.
B. Pursuant to the authority provided by its City Charter and Government
Code § 37103, if applicable, City desires to engage Consultant to provide professional
design services in the manner set forth herein and more fully described in Section 1.
C. Consultant represents that the
professional licensed engineers and are
contemplated by this Agreement in a good
perform such services as provided herein.
principal members of its firm are qualified
fully qualified to perform the services
and professional manner; and it desires to
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services ( "Services ") set forth in the
attached Exhibit A, which is hereby incorporated by this reference. To the extent that
there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1.2. Consultant shall perform all services under this Agreement on a timely,
regular basis and in a manner reasonably satisfactory to the City.
1.3. In performing this Agreement, Consultant shall comply with all applicable
provisions of federal, state, and local law.
1.4. As a material inducement to City to enter into this Agreement, Consultant
hereby represents that it has the experience necessary to undertake the services to be
provided. In light of such status and experience, Consultant hereby covenants that it
shall follow the customary professional standards in performing all services.
1.5. By executing this Agreement, Consultant represents that, to the extent
required by the standard of practice, Consultant (a) has investigated and considered the
scope of services to be performed, (b) has carefully considered how the services should
be performed, and (c) understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall
continue for 60 days unless previously terminated as provided by this Agreement.
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3.0 Consultant's Compensation
City will pay Consultant in accordance with the hourly rates shown on the fee
schedule set forth in Exhibit B for Services but in no event will the City pay more than
$6,200.00. Consultant will not be compensated for any work performed not specified in
the Scope of Services unless the City authorizes such work in advance and in writing.
The City Manager may authorize payment for such work up to a cumulative maximum of
$10,000. Payment for additional work in excess of $10,000 requires prior City Council
authorization. Any additional work authorized by the City pursuant to this Section will be
compensated in accordance with the schedule set forth in Exhibit C.
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered
pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end
of the month during which the services were rendered and shall describe in detail the
services rendered during the period, the days worked, number of hours worked, the
hourly rates charged, and the services performed for each day in the period. City will
pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold
any applicable federal or state payroll and other required taxes, or other authorized
deductions from payments made to Consultant.
4.2. Upon 24 -hours notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable business
hours all records, invoices, time cards, cost control sheets and other records maintained
by Consultant in connection with this Agreement. City's rights under this Section 4.2
shall survive for two years following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than thirty 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement
of comprehensive general liability insurance as required by this Agreement at least 20
days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Vivian Cheng, P.E. is the Consultant's representative for purposes of this
Agreement. It is expressly understood that the experience, knowledge, capability, and
reputation of Vivian Cheng, P.E. were a substantial inducement for City to enter into this
Agreement. Therefore, Vivian Cheng, P.E. shall be responsible during the term of this
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7.0 Notices
7.1. All notices permitted or required under this Agreement shall be deemed
made when personally delivered or when mailed 48 hours after deposit in the United
States Mail, first class postage prepaid and addressed to the party at the following
addresses:
To City: City of Seal Beach
911 Seal Beach Boulevard
Seal Beach, California 90740
Attn: City Manager
To Consultant: Leighton
17781 Cowan
Irvine, CA 92614
Attn: Vivian Cheng
7.2. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
8.0 Independent Contractor
8.1. Consultant is an independent contractor and not an employee of the City.
All services provided pursuant to this Agreement shall be performed by Consultant or
under its supervision, and all personnel shall possess the qualifications, permits, and
licenses required by State and local law to perform such Services, including, without
limitation, a City of Seal Beach business license as required by the Seal Beach
Municipal Code. Consultant will determine the means, methods, and details of
performing the services. Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the services and compliance with
the customary professional standards.
8.2. Any additional personnel performing services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries,
and other amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Consultant shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited
to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
8.3. Consultant shall indemnify and hold harmless City and its elected officials,
officers and employees, servants, designated volunteers, and agents serving as
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9.0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information
developed or received by Consultant or provided for performance of this Agreement are
deemed confidential and shall not be disclosed by Consultant without prior written
authorization by City. City shall grant such authorization if applicable law requires
disclosure. All City data shall be returned to City upon the termination of this
Agreement. Consultant's covenant under this section shall survive the termination of
this Agreement.
10.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written
approval of City. Consultant is fully responsible to City for the performance of any and
all subcontractors.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported
assignment without such consent shall be void and without effect.
12.0 Insurance
12.1. Liability Insurance. Consultant shall procure and maintain in full force and
effect for the duration of this Agreement insurance against claims for injuries to persons
or damages to property and professional negligence which may arise from or in
connection with the performance of the services hereunder by Consultant, and its
agents, representatives, employees and subconsultants.
12.2. Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, code 1 (any auto).
Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance.
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than:
Professional Liability insurance. Consultant shall provide to City the
standard form issued by the carrier.
12.3. Minimum Limits of Insurance. Consultant shall maintain limits no less
General Liability: $2,000,000 per occurrence and in the aggregate for
bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply
separately to this Agreement or the general limit shall be twice the
required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
Employer's Liability: $1,000,000 per accident and in the aggregate for
bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
Professional Liability: $1,000,000 per claim /aggregate.
12.4. Deductibles and Self- Insured Retentions. Consultant shall inform City of
any deductibles or self - insured retentions except with respect to professional liability
insurance.
12.5. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
12.5.1. City, its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of City officials, are to be covered
as additional insureds as respects: liability arising out of activities performed by or on
behalf of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no limitations on the scope of
protection afforded to City, its officers, officials, employees, designated volunteers or
agents serving as independent contractors in the role of City officials which are not also
limitations applicable to the named insured.
12.5.2. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self - insurance maintained by City, its officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Consultant's insurance and
shall not contribute with it.
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12.5.3. Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
12.5.4. Each insurance policy required by this clause shall be endorsed
to state that coverage shall not be canceled or materially modified except after 30 -days
prior written notice by first class mail has been given to City, or 10 -days prior written
notice by express overnight mail if cancellation is due to nonpayment of premiums.
12.5.5 Each insurance policy, except for the professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against
City and its elected officials, officers, employees, servants, attorneys, designated
volunteers, and agents serving as independent contractors in the role of City officials.
12.6. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk
Manager.
12.7. Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by City. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by City before services commence. As
an alternative to City forms, Consultant's insurer may provide complete, certified copies
of all required insurance policies, including endorsements effecting the coverage
required by these specifications.
13.0 Indemnification, Hold Harmless, and Duty to Defend
13.1 Indemnity for Desiqn Professional Services. In connection with its design
professional services, Consultant shall defend, hold harmless and indemnify City, and
its elected officials, officers, employees, servants, designated volunteers, and those City
agents serving as independent contractors in the role of City officials (collectively,
"Indemnitees "), with respect to any and all claims, demands, damages, liabilities,
losses, costs or expenses (collectively, "Claims" hereinafter), including but not limited to,
Claims relating to death or injury to any person and injury to any property, to the extent
to which they arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Consultant or any of its officers, employees, subcontractors, or agents in
the performance of its professional services under this Agreement, but not to the extent
the result of the negligence or willful misconduct of the City or of other third parties not
under the control or the supervision of Consultant. Consultant's obligation to defend
pursuant to this Section 13.1 shall apply independent of any prior, concurrent or
subsequent misconduct, negligent acts, errors or omissions of Indemnitees. Consultant
shall defend Indemnitees in any action or actions filed in connection with any of said
claims with counsel of City's choice, and shall pay all costs and expenses, including all
attorneys' fees actually incurred in connection with such defense.
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13.2 Other Indemnities. In connection with all Claims not covered by Section
13.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with
respect to any and all Claims, including but not limited to, Claims relating to death or
injury to any person and injury to any property, which arise out of, pertain to, or relate to
the acts or omissions of Consultant or any of its officers, employees, subcontractors, or
agents in the performance of this Agreement. Consultant shall defend Indemnitees in
any action or actions filed in connection with any such Claims with counsel of City's
choice, and shall pay all costs and expenses, including all attorneys' fees and experts'
costs actually incurred in connection with such defense. Consultant's duty to defend
pursuant to this Section 13.2 shall apply independent of any prior, concurrent or
subsequent misconduct, negligent acts, errors or omissions of Indemnitees. Consultant
shall defend Indemnitees in any action or actions filed in connection with any of said
claims, damages, penalties, obligations, or liabilities with counsel of City's choice and
shall pay all costs and expenses, including attorneys' fees actually incurred in
connection with such defense.
14.0 Conflict of Interest
14.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant "financially interested" (as provided
in California Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
14.2. Consultant further warrants and maintains that it has not employed or
retained any person or entity, other than a bona fide employee working exclusively for
Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to
pay any person or entity, other than a bona fide employee working exclusively for
Consultant, any fee, commission, gift, percentage, or any other consideration contingent
upon the execution of this Agreement. Upon any breach or violation of this warranty,
City shall have the right, at its sole and absolute discretion, to terminate this Agreement
without further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
14.3. Consultant warrants and maintains that it has no knowledge that any
officer or employee of City has any interest, whether contractual, noncontractual,
financial, proprietary, or otherwise, in this transaction or in the business of Consultant,
and that if any such interest comes to the knowledge of Consultant at any time during
the term of this Agreement, Consultant shall immediately make a complete, written
disclosure of such interest to City, even if such interest would not be deemed a
prohibited °conflict of interest" under applicable laws as described in this subsection.
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15.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subcontractor, employee, or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex,
sexual orientation, or age. Such non - discrimination includes, but is not limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, or termination.
16.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions
of Section 3700 of the California Labor Code that require every employer to be insured
against liability for Workers' Compensation or to undertake self - insurance in accordance
with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
17.0 Entire Agreement
This Agreement contains the entire Agreement of the parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements. This Agreement may only be modified by a writing signed by both parties.
18.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not
void or affect the validity of the other provisions of this Agreement.
19.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
20.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either Party
as a result of this Agreement.
21.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. In no event shall the making by
City of any payment to Consultant constitute or be construed as a waiver by City of any
breach of covenant, or any default which may then exist on the part of Consultant, and
the making of any such payment by City shall in no way impair or prejudice any right or
remedy available to City with regard to such breach or default. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel, or otherwise.
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22.0 Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, City has the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
23.0 Attorneys' Fees
If either Party commences an action against the other Party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the
prevailing Party in such litigation shall be entitled to have and recover from the losing
Party all of its attorneys' fees and other costs incurred in connection therewith.
24.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this Agreement, the
terms of this Agreement shall control.
25.0 Corporate Authority
The persons executing this Agreement on behalf of the Parties warrant that they
are duly authorized to execute this Agreement on behalf of said Parties and that by their
execution, the Parties are formally bound to the provision of this Agreement.
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S7296- 0200 \1214436v1. doc
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above
written.
CITY OF SEAL BEACH CONSULTANT
David Carmany, City Manager
Attest:
0
2
Name:
Its:
Linda Devine, City Clerk
By:
Approved as to Form:
Name:
Quinn Barrow, City Attorney
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S7296- 0200 \1214436v 1.doc
Its:
Leighton Consulting: Inc.
A LEIGHTON GROUP COMPANY
To:
Attention:
Subject:
July 30, 2010
City of Seal Beach
2118 1h Street
Seal Beach, California 90740
Mr. Sean Crumby
EXHIBIT A
Proposal No. P601 -01511
Proposal to Conduct Geotechnical Study for the Tennis Court Repair at McGaugh
Elementary School, 1698 Bolsa Avenue, Seal Beach, California
INTRODUCTION
In accordance with your request, Leighton Consulting, Inc. (Leighton Consulting) is pleased to
submit this proposal to conduct a geotechnical study for the tennis court repair at McGaugh
Elementary School. This proposal is prepared based on our conversation on July 30, 2010.
PROJECT BACKGROUND
McGaugh Elementary School is located at 1698 Bolsa Avenue in the city of Seal Beach, California.
The subject tennis courts are located within the northwestern portion of the school campus
immediately west of the existing swimming pool. Leakage was observed within the swimming pool
few years ago and the leakage was fixed afterwards. However, water leaked from the swimming
pool before the fix was suspected to be migrated underneath the tennis courts.
The purpose of our study is to explore the subgrade of the tennis courts and provide
recommendations for the tennis courts repair.
No structural or grading plan was provided to Leighton Consulting the time of this writing.
17781 Cowan ® IrAne, CA 92614 -6009
949.253.9836 0 Fax 949.250.1114 ® www.leightonconsufting.com
P601 -01511
SCOPE OF SERVICES
Our scope of services will include subsurface exploration, laboratory testing, and engineering
analysis to develop geotechnical design recommendations for the tennis court repair. The tasks are
summarized below.
Site Reconnaissance and USA Clearance
We will perform a site reconnaissance to evaluate the site. We will premark the proposed boring
locations and contact Underground Service Alert (USA) at least 48 hours prior to the field
exploration for possible public utilities at the site. We assume that you will provide us with
available underground utility information prior to the field exploration.
Subsurface Exploration
We proposed to perform one day of potholing at the site. The potholing will include excavating 4 to
6 shallow borings within the tennis courts. The borings will be excavated to approximately 2 to 5
feet below current grade. All borings will be advanced to the proposed depth or refusal, whichever
is shallower.
We will attempt to avoid utilities; however, despite reasonable efforts to avoid damages, there are
inherent risks to utilities from drilling. As required by the state of California, we will notify
Underground Service Alert (USA) of the locations of our planned explorations prior to drilling and
plans made available to us. Our proposal does not include costs or other provisions for utility
repairs.
During drilling, bulk and relatively undisturbed soil samples will be collected from the borings at
selected intervals. Upon completion of excavation, the borings will be backfilled with soil cuttings.
Laboratory Testing
Representative samples obtained from the borings will be tested in our geotechnical laboratory in
general accordance with the applicable ASTM and/or Caltrans Standards and may include the
following tests:
• In -place moisture and density;
• Maximum dry density and optimum moisture content;
• Expansion Index; and
• Corrosivity tests.
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P601 -01511
Portions of samples remaining after the completion of laboratory testing will be stored in the
laboratory for 30 days. After 30 days, samples will be discarded unless we are notified otherwise.
Engineering Analysis and Letter
Data obtain from the subsurface exploration and laboratory testing will be evaluated to develop
geotechnical design recommendations for the proposed tennis courts repair. The letter -report will
include the followings:
• A discussion of available background information and field and laboratory procedures used in
the exploration.
• A description of earth materials encountered in the explorations, and depth to groundwater, if
encountered. Description of soils will include presence of saturated and potentially deleterious
soils.
• Summary of subsurface conditions, results of laboratory testing, and a plan indicating the boring
locations.
• Recommendations for tennis court repairs, earthwork and site grading.
• A discussion of the corrosivity and sulfate and/or chloride attack potential of site soils.
Four hard copies and a pdf file version of the final geotechnical letter -report will be submitted to
you.
SCHEDULE
We are prepared to begin our background review and scheduling of field exploration personnel and
equipment immediately upon our receipt of your signed authorization to proceed. We will notify
Underground Service Alert (USA) at least 48 hours before we proceed with our field exploration
program. We assume that you will provide us with all known information regarding the location of
underground utilities. A preliminary draft letter will be issued to you within two weeks after we
initiate our field exploration program. The final report will be submitted to you one week after we
receive the comments from you.
MIF
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PROJECT FEE
The fees for the above tasks are summarized in the following table:
P601 -01511
EXHIBIT 11
Tasks
Fee
Site Reconnaissance
$ 600
Field Exploration
$ 2,200
Laboratory Testing
$ 900
Geotechnical Recommendations and Letter - Report
$ 2,500
Total — (Lump Sum) :
$ 6,200
Additional services such as response to agencies review comments, post -report consultation or
attending project team meetings is not included and will be charged on a time - and - materials basis in
accordance with the approved fee schedule.
Attached is an agreement covering our services. If the services are awarded to Leighton and the
Agreement is acceptable to you, please have two copies of both the Master Services Agreement and
the Scope of Work executed by a duly authorized officer and returned to us and we will return one
fully executed copy for your records. Your assent to our performing services or your acceptance or
use of our services or information prior to executing of a mutually acceptable contract constitutes
your agreement that the terms of the attached Agreement shall control.
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P601 -01511
CLOSURE
If you have any questions regarding this proposal, please do not hesitate to contact this office. We
appreciate this opportunity to be of service. The undersigned can be reached at (949) 250 -1421.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
Vivian M. Cheng, PE, GE
Senior Project Engineer
VMC /lr
Attachments: 2010 Professional Fee Schedule
Scope of Work Agreement
Master Services Agreement
Information for Clients Regarding Leighton Consulting's Services
Distribution: (1) Addressee
-5-
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2010 PROFESSIONAL FEE SCHEDULE*
PROFESSIONAL SERVICES
Technical Staff Hourly Rate
TechnicianI ..............................................................................................
............................$83
TechnicianII ..............................................................................................
.............................88
SeniorTechnician ...................................................................................... .............................95
Laborer (Prevailing Wage) ** .....................................................................
.............................95
Soil /Field Technician (Prevailing Wage) ** .................................................
.............................99
Materials Inspection Manager .................................... ...............................
............................110
Staff Engineer /Geologist/Scientist/Field Supervisor ... ...............................
............................121
Senior Staff Engineer /Geologist/ Scientist .................. ...............................
............................138
Operations Manager /Equipment Operator ................. ...............................
............................160
Project Engineer /Geologist/ Scientist .......................... ...............................
............................160
Senior Project Engineer /Geologist/Scientist .............. ...............................
............................176
Associate................................................................... ...............................
............................198
Principal..................................................................... ...............................
............................215
SeniorPrincipal .......................................................... ...............................
............................259
Technical Support Staff
Hourly Rate
Project Administrator /Word Processor .....................................................
............................$78
InformationSpecialist ................................................. ...............................
............................105
CADOperator ............................................................ ...............................
............................110
GISSpecialist ............................................................ ...............................
............................125
Miscellaneous Unit Rate
Vehicleusage ......................................................................... ............................... $15 per hour
Nucleardensity gauge .................................................................. .............................88 per day
FTP site set up ( project - specific) ....................................................... .............................75 each
* Effective through December 31, 2010, after which remaining work will be billed at then - current rates.
** Subject to change based upon project advertised date and changes in California prevailing wage rates.
9060 302 -1 -10 Leighton 17781 Cowan I Irvine, CA 92614 p 1 866 - Leighton f 1949-250-1114
Leighton 12010 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 (PI D)
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 (525) /Barricades (single lane)
40 per day
9556
Tubing, clear vinyl 3/8 -inch diameter
.45¢ per foot
9528
Turbidity Meter
70 per day
9548
TyvekO 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
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Leighton 12010 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 (1Y -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 #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 #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 ( >_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 (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 1day
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 1 866 - Leighton f 1 949 - 250 -1114 page 3 18
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Leighton
Leighton 12010 Fee Schedule
UNIT RATE GEOTECHNICAL (SOILS) LABORATORY TESTING (Continued)
Task
Compaction and Pavement Subgrade Tests (Continued)
Method
8000
Relative Compaction of Untreated & Treated Soils & Aggregates
CTM 216
ASTM D 558
( Caltrans CTM 216: Caltrans wet density compaction curve)
8107
8103
Relative Density (0.1 cubic foot mold)
ASTM D 4253, D 4254
8104
California Bearing Ratio (CBR) — 3 point *
ASTM D 1883
8105
—1 point'
Soil- Cement Remolded Specimen* (for shear strength, consolidation, etc.)
* Compaction (Maximum Density) should also be performed — not included in above prices
8090
R -Value — Untreated
CTM 301
8091
R -Value — Lime or cement treated soils (<7% additive)
CTM 301
Triaxial Tests
8120 Unconfined Compression Strength of Cohesive Soil (with stress/strain
plot)
8121 Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils
( USACE Q test) (per confining stress)
8122 Consolidated Undrained Triaxial Compression Test for Cohesive Soils
(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)
with Volume Change Measurement
8123 Sand or silty sand soils (per confining stress)
8124 Silt or clayey sand soils (per confining stress)
8125 Clay soils (per confining stress)
8126 Three -stage Triaxial Tests
Consolidation and Expansion /Swell Tests
8140 Consolidation (11 loads up to 16 ksf & unload to 0.25 with strain vs.
load curve and one time - rate -of- consolidation curve)
8141 Each additional Time Curve
8142 Each additional load /unload w/o Time Reading
8143 Expansion Index (EI)
8145 Swell /Collapse Test — Method A (Up to 10 load/unloads w/o time curves)
8146 Single Load Swell /Collapse Test - Method B (Seat, load, and inundate only)
8148 Collapse Potential of Soils
Hydraulic Tests
8162 Triaxial Permeability in Flexible -Wall Permeameter with Backpressure
Saturation (at One Effective Stress)
8163 - Each Additional Effective Stress
8164 - Hand Trimming of Soil Samples for Horizontal K
8169 Remolding of Test Specimens
Method
ASTM D 2166
ASTM D 2850
ASTM D 4767
EM 1110 -2- 1906(X)
Method
ASTM D 2435
ASTM D 4829 -08
ASTM D 4546 -A
ASTM D 4546 -B
ASTM D 5333
Per Test
$250
236
500
184
310
338
Per Test
$135
168
375
375
500
705
Above price + 75%
Method
EPA 9100 /ASTM D 5084
(Failing Head Method C)
Per Test
$195
45
42
131
289
105
220
Per Test
$310
121
58
58
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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
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Task
6200
6201
6202
6203
6204
6205
6207
6208
6211
6212
6213
6214
6217
6218
6219
Task
6230
6233a
6234a
6235a
6236a
6237a
62381,
6239a
62401,
62411,
6242
6232
7120
Leighton 12010 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
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
$85 $70
85 70
ICC 85 70
89 76
85 70
89 76
85 70
85 70
85 70
89 76
85 70
85 70
89 76
Quote upon request, site - specific
89 76
Technician Services
ACI Concrete /Rebar Tag & Sample
Pachometer Survey
Schmidt Hammer Survey
Moisture Testing
In -situ surface Wenner soil resistance test (including equipment)
Pull -out Test on Embedded Bolts, 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, 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 (at Leighton laboratories)
Prevailing Wage' Non - Prevailing
$85 $70
85 70
85 70
85 70
100 85
100 85
Quote upon request, site - specific
Quote upon request, site - specific
Quote upon request, site - specific
Quote upon request, site - specific
80
80
80
n 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 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
*v
p 1 866 - Leighton f 1 949 - 250 -1114 page 5 18
9060 302 - 1 -10 Leighton
Leighton
Leighton 12010 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) A
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, <6 -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, 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, :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
4
•0.0 302 - 1-10 Leighton Leig
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Leighton 12010 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 CertificationlWeld 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 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
'F
I • • page
• Leighton
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Leighton 12010 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.
• Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed
on the previous pages, with a minimum charge of four hours per day.
• Minimum Hourly Charges for Geotechnical and Environmental Technicians (field time only):
1. Monday- Friday ........................................................................... ............................... 2 hours
2. Saturday and Sunday ................................................................ ............................... 4 hours
• Minimum Hourly Charges for Special Inspectors or Material Testing Field Services (field time only):
Cancellation of inspections not canceled by 4:00 p.m. on preceding day" .............. 2 hours
One -half working day or less except as No. 3 (below) applies . ............................... 4 hours
Over one -half working day, or begins before noon and extends into afternoon ...... 8 hours
*No charge if cancellation is made before 4:00 p.m. of the preceding work day.
• Outside Direct Costs (ODCs): Heavy equipment, subcontractor fees and expenses, project - specific permits
and /or licenses, project - specific supplemental insurance, travel, subsistence, project - specific parking charges,
shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20 %, unless billed
directly to and paid by client.
• Insurance and Limitation of Liability: These rates are predicated on standard insurance coverage and a
limit of Leighton's liability equal to our total fees for a given project.
• Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of
1'/z- percent per month will be charged for late payment.
• Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless
otherwise stated in the attached proposal. Fees are subject to change on January 1'. . of every year.
• 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 866 - Leighton f 1949-250-1114 page 8 18 4
9060 302 . 1 -10 Leighton Leighton
SCOPE OF WORK AGREEMENT
This Scope of Work, effective July 30, 2010, is, upon execution of the Parties, incorporated as Scope
of Work Number _ under Master Services Agreement No. by and between Leighton
Consulting, Inc. and City of Seal Beach ( "CLIENT ").
PROJECT LOCATION: McGaugh Elementary School, 1698 Bolsa Avenue, Seal Beach,
California
DESCRIPTION OF SERVICES: See Proposal (P60- 101511) dated July 30, 2010.
LEIGHTON CONSULTING:
Leighton Consulting, Inc.
17781 Cowan
Irvine, California 92614 -6009
Telephone: (949) 253 -9836
Facsimile: (949) 250 -1114
Prime Contact: Ms. Vivian Cheng
FEE:
CLIENT:
City of Seal Beach
211 8h Street
Seal Beach, California
Telephone: (562) 431 -2527
Facsimile:
Prime Contact: Mr. Sean Crumby
The Services shall be undertaken for a lump sum fee of Six Thousand Two Hundred Dollars
($6,200.00), payable upon receipt of invoice.
I have reviewed and agree to this scope of work.
LEIGHTON CONSULTING, INC.
By (Signature)
(Print Name)
Date
CITY OF SEAL BEACH
Client
By (Signature)
(Print Name)
Date
CLIENT ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE DOCUMENT
ENTITLED "INFORMATION FOR CLIENTS REGARDING LEIGHTON CONSULTING'S
SERVICES"
LEIGHTON CONSULTING, INC.
MASTER SERVICES AGREEMENT
CONTRACT NUMBER:
SECTION I: SERVICES AND COMPENSATION:
This Master Services Agreement ( "Agreement ") is entered into
effective July 30, 2010 by and between CITY OF SEAL BEACH
( "CLIENT ") and LEIGHTON CONSULTING, INC. (the
"parties "). This Agreement relates to the performance of services
at the locations ( "LOCATIONS ") described in each Scope of
Work Agreement, as set forth in A., below.
The parties agree as follows:
A. Services to be Performed by LEIGHTON
CONSULTING, INC.. LEIGHTON CONSULTING, INC.
shall perform consulting services ( "Services ") as needed by
CLIENT in accordance with this Agreement and various Scope of
Work Agreement, each of which shall refer to this Agreement.
The Scope of Work Agreement shall detail the particular Services
required at a given LOCATION. Each Scope of Work Agreement
shall be numbered consecutively commencing with No. 1. Upon
execution by the parties, each Scope of Work Agreement, together
with this Agreement, shall constitute a separate contract.
B. Invoicing and Payment. CLIENT will pay
LEIGHTON CONSULTING, INC. for performance of
LEIGHTON CONSULTING, INC.'s Services, in accordance
with the payment terms set forth in the Scope of Work Agreement
pertaining to such Services. LEIGHTON CONSULTING,
INC.'s fee schedules are revised annually. The Schedule in effect
at the time the Services are performed shall apply to the Services.
LEIGHTON CONSULTING, INC. shall invoice CLIENT
monthly for its Services, unless another invoicing schedule is set
forth in the applicable Scope of Work Agreement. In the event of
a dispute over payment, Client shall pay all undisputed amounts in
accordance with this Agreement. Invoices will be due upon
presentation and will be past -due thirty (30) days from the date of
the invoice. Should any invoice for payment remain outstanding
for sixty (60) days or more, CLIENT agrees that LEIGHTON
CONSULTING, INC. may suspend Services and/or demand
prepayment of fees at LEIGHTON CONSULTING, INC.'s
option. CLIENT agrees to pay a service charge of one and one-
half (1 -1/2) percent per month, compounded monthly from the
past due the date of the invoice, on past -due accounts, not to
exceed limits set by any applicable usury laws. In the event that it
becomes necessary for LEIGHTON CONSULTING, INC. to
commence action to force payment of invoices, LEIGHTON
CONSULTING, INC. shall be entitled to reasonable collection
costs.
If at any time LEIGHTON CONSULTING, INC. or its officers
or employees should be required or requested to give expert
witness testimony or otherwise participate in a judicial or
administrative proceeding involving the CLIENT or concerning
matters in any way related to the Services under any Scope of
Work Agreement, CLIENT agrees that such activities shall be
deemed part of the Scope of Work Agreement.
Page 1 of
C. Warranty. LEIGHTON CONSULTING, INC. shall
perform its Services in accordance with the standards of care and
diligence normally practiced by members of the profession
performing professional consulting services of a similar nature.
If, during the one (1) year period following completion or
termination of Services, whichever is earlier, under the applicable
Scope of Work Agreement, it is shown that there is an error in the
Services as a result of LEIGHTON CONSULTING, INC.'s
failure to perform the Services in accordance with the above
standard, and CLIENT has notified LEIGHTON
CONSULTING, INC. in writing of the error within such one
year period, LEIGHTON CONSULTING, INC. shall reperfonn,
at no cost to CLIENT, such corrective Services within the original
Scope of Work Agreement, as may be necessary to remedy such
error and to conform the Services to the above stated standard.
EXCEPT AS EXPRESSLY STATED ABOVE, LEIGHTON
CONSULTING, INC. MAKES NO OTHER WARRANTY,
EXPRESS OR IMPLIED, CONCERNING ANY OF THE
MATERIALS OR SERVICES WHICH MAY BE FURNISHED
PURSUANT TO THIS AGREEMENT.
LEIGHTON CONSULTING, INC. shall, for the protection of
CLIENT, demand available warranties, indemnities and guaranties
with respect to machinery, equipment, materials and services from
all vendors and subcontractors with whom LEIGHTON
CONSULTING, INC. contracts, and shall render all reasonable
assistance to CLIENT for the purpose of enforcing the same.
Technical Limitations
LEIGHTON CONSULTING, INC.'s Services are based solely
on the investigations described in the Scope of Work Agreement,
which was established after consultation between the parties.
Client agrees that it is unreasonable to expect to completely
evaluate subsurface conditions even after the most comprehensive
exploratory program reasonably possible. Further, site conditions
change frequently due to the passage of time, human activities,
and climatic conditions. Uncertainties are therefore inherent in
the nature of LEIGHTON CONSULTING, INC.'s Services and
impossible to avoid. CLIENT acknowledges that the
identification of geotechnical conditions and the prediction of
future or concealed conditions is an inexact scientific endeavor.
The state of the art of geotechnical practice is such that
LEIGHTON CONSULTING, INC. cannot guarantee that its
recommendations will prove adequate on this project and the
client assumes the risk of any such failure, except as provided in
this Agreement. Anything herein to the contrary
notwithstanding, LEIGHTON CONSULTING, INC. shall not
be alleged to be negligent, nor shall LEIGHTON
CONSULTING, INC. be liable under this Agreement or
otherwise for occurrences occasioned by performance of
Services performed in accordance with standards of care and
diligence utilized by those performing similar services at the
time and in the general vicinity in which the Services are
performed.
THIS CONTRACT CONTAINS SPECIFIC LIMITATIONS
OF LIABILITY.
CLIENT has read and understands LEIGHTON
CONSULTING, INC.'s "INFORMATION FOR CLIENTS ".
D. Indemnity. LEIGHTON CONSULTING, INC. shall
release, defend, indemnify and hold CLIENT harmless from and
against any and all claims, demands, losses, expenses and causes
of action resulting from or arising out of (a) failure of
LEIGHTON CONSULTING, INC. to comply in material
respects with federal, state and local laws and regulations
applicable to the Services; (b) material breach by LEIGHTON
CONSULTING, INC. of LEIGHTON CONSULTING, INC.'s
warranties in this Agreement; (c) bodily injury or death of
persons, or damage to or destruction of property to the extent that
the same results from the negligence or willful misconduct of
LEIGHTON CONSULTING, INC., its employees, officers or
agents while engaged in the performance of the Services.
E. Limitations: For any errors, omissions or other acts,
including any damages based in contract, tort or other causes
of action, LEIGHTON CONSULTING, INC.'s liability,
including that of its employees, agents, and officers shall not
exceed amounts recovered under the scope and limits of
LEIGHTON CONSULTING, INC.'s insurance, described in F
below, plus LEIGHTON CONSULTING, INC.'s warranty
obligation, as stated in C, above.
CLIENT shall release, defend, indemnify and hold LEIGHTON
CONSULTING, INC. and its employees, officers and agents
harmless from and against any and all other claims, demands,
losses and causes of action.
F. Insurance: Commencing with performance of the
Services, and for the entire term of this Agreement, LEIGHTON
CONSULTING, INC. shall maintain the following insurance,
and shall, upon the request of CLIENT, furnish copies of
insurance certificates evidencing the following coverages:
Type and Limits
Worker's Compensation: Statutory Limits
Employer's Liability: $1,000,000 per occurrence
Commercial Liability Insurance, including Contractual Liability,
Property Damage, Bodily Injury and Death and Automobile
Liability, $1,000,000 combined single limit, $1,000,000 annual
aggregate
CLIENT shall be named as an additional insured on the
Commercial Liability policy, with respect to LEIGHTON
CONSULTING, INC.'s performance of this Agreement.
CLIENT shall be provided with thirty (30) days written notice
before cancellation of or any material change in such insurance.
G. Changes. In the event CLIENT desires to make
changes in the Services and so notifies LEIGHTON
CONSULTING, INC., LEIGHTON CONSULTING, INC. will
perform such changes and additional work pursuant to the terms,
conditions and pricing of this Agreement and the applicable Scope
of Work Agreement. CLIENT acknowledges that the individual
signing this Agreement on its behalf, or any authorized
representative of CLIENT, may amend or change any Scope of
Work Agreement.
H. Termination. Either party may, prior to completion
and with or without cause, terminate the Services under any or all
Scopes of Work at any time upon five (5) working days' written
notice to the other. In event that CLIENT terminates this
Agreement without cause, LEIGHTON CONSULTING, INC.
shall be paid for Services performed to the date of termination
plus non - cancelable commitments entered into prior to
LEIGHTON CONSULTING, INC.'s receipt of notice of
termination, and actual, reasonable, termination costs.
I. Term. The term of this Agreement is one year from its
effective date; however, this Agreement shall automatically be
renewed for consecutive one -year terns unless terminated by
either party. Termination shall not affect the rights, obligations
and remedies of the parties.
J. Dispute Resolution. Any controversy or claim arising
out of, or relating to, this Agreement must be sought to be settled
by consultation between CLIENT and the President of
LEIGHTON CONSULTING, INC.. Failing resolution by such
consultation, settlement shall be attempted through mediation by a
neutral person acceptable to both parties. If no resolution is
reached by mediation, matters in controversy shall be settled by
binding arbitration in accordance with the Commercial Arbitration
Rules of the American Arbitration Association, or another
alternate dispute resolution organization agreed to by the parties,
and judgment upon the award rendered by the arbitrator(s) may be
entered in any court of competent jurisdiction.
This Agreement, with its attachments, the Scopes of Work, and
any attachments thereto, constitute the complete Agreement of the
parties. No other representations of any kind, oral or otherwise,
have been made. If CLIENT elects to utilize a purchase order or
other form as a convenience, for billing purposes or in accordance
with its customary practice, LEIGHTON CONSULTING, INC.
will refer to the same in invoices or correspondence, with the
understanding that this Agreement supersedes all inconsistent
terms.
This Agreement shall be governed by the laws of the State of
California. Any arbitration or litigation arising from this
Agreement shall take place in Orange County, California.
SECTION II: GENERAL PROVISIONS
A. Severability. If any provision of this Agreement is
finally determined to be contrary to, prohibited by, or invalid
CapMSA -3,966 FORM 1A Page 2 of 5
under applicable laws or regulations, such provision will be
renegotiated so as to give effect to the intent of the parties to the
maximum possible extent. Such determination and renegotiation
shall not affect or invalidate the remaining provisions of this
Agreement.
B. Use of Reports or Services. LEIGHTON
CONSULTING, INC.'s opinions, reports or Services may not be
utilized in prospectuses, proxy solicitations, loan applications, or
other documents or transactions reasonably expected to influence
investment decisions without LEIGHTON CONSULTING,
INC.'s prior written consent.
C. No Third Party Rights. Nothing contained in or
relating to the formation of this Agreement is intended to make
any person or entity who is not a signatory to the Agreement a
third party beneficiary. No one other than CLIENT shall be
entitled to use and rely on the opinions, Services or reports
produced hereunder.
D. Execution and Counterparts. This Agreement and
any Scope of Work Agreement may be executed and delivered in
two or more counterparts and by each party hereto in separate
counterparts, each of which when so executed and delivered shall
be deemed an original and both of which taken together shall
constitute but one and the same instrument.
E. Remedies. Neither party shall be held liable for indirect
or consequential damages of any nature whatsoever, howsoever
arising. The obligations, responsibilities, warranties and liabilities
of the parties with respect to the Services shall be solely those
expressly set forth in this Agreement. Remedies and limitations
on liability shall apply regardless of whether an action is brought
in contract, or is based on either party's negligence, strict liability
or another theory of law. The limitations stated in this Agreement
extend collectively to the parties' partners, joint venturers,
licensors, insurers, and affiliates. CLIENT and LEIGHTON
CONSULTING, INC. agree that any legal action with respect to
the Services to be done under this agreement shall be brought
solely against the parties, and not against affiliated companies,
individual officers, employees or former employees of the parties.
All legal actions by either party against the other for breach of this
Agreement, or for the failure to perform in accordance with the
applicable standard of care, however framed, that are essentially
based upon such breach or failure shall be barred two (2) years
from the time claimant knew or should have known of its right to
make a claim, but, in any event, not later than four (4) years from
substantial completion of the Services.
F. Confidentiality. LEIGHTON CONSULTING, INC.
agrees to hold in confidence and not to use or disclose to any
third -party without the written consent of CLIENT any and all
information relating directly to the Services provided, except as
required by law or regulation, or as needed to carry out work
under this Agreement. This obligation of confidentiality shall
expire five (5) years after completion or termination of the
Services under the applicable Scope of Work Agreement, and
shall not apply to: (a) information in LEIGHTON
CONSULTING, INC.'s possession or known to LEIGHTON
CONSULTING, INC. prior to its receipt in connection with this
Agreement or the Services; (b) information independently
developed by LEIGHTON CONSULTING, INC. at no cost to
CLIENT and without the use of CLIENT's confidential
information; (c) information which is or becomes public
knowledge through no fault of LEIGHTON CONSULTING,
INC.; (d)information which is or becomes available on an
unrestricted basis from a third party which LEIGHTON
CONSULTING, INC. has no reason to believe has an obligation
of confidentiality.
G. Ownership of Records. Subject to Paragraph F, above,
all reports, borings, logs, field data, field notes, laboratory test
data, calculations, estimates and other documents prepared by
LEIGHTON CONSULTING, INC. under this Agreement shall
remain the property of CLIENT. LEIGHTON CONSULTING,
INC. shall be entitled to maintain file copies, subject to
LEIGHTON CONSULTING, INC.'s confidentiality agreement
set forth in paragraph 6 above. CLIENT recognizes that
LEIGHTON CONSULTING, INC.'s reports and opinions will
be prepared specifically for and in connection with the Services
performed for the particular LOCATION. CLIENT shall not,
except with LEIGHTON CONSULTING, INC.'s prior written
consent, utilize the same on other projects. Inventions or software
conceived or developed by employees of LEIGHTON
CONSULTING, INC. in the course of the Services shall belong
exclusively to LEIGHTON CONSULTING, INC..
H. Force Majeure. Unless otherwise specified in this
Agreement, LEIGHTON CONSULTING, INC. shall be
obligated to perform its Services within a reasonable period of
time. Schedules are estimates only. LEIGHTON
CONSULTING, INC. shall not be responsible for delays in the
completion of the Services if such delays are created by reason of
any unforeseen cause or causes beyond LEIGHTON
CONSULTING, INC.'s reasonable control, including, but not
restricted to acts of God or the public enemy, acts or delays of
governmental or regulatory bodies, acts or delays of other
contractors or CLIENT, fire, floods, epidemics, riots, quarantine
restrictions, strikes, civil insurrections, freight embargoes, and
unusually severe weather. In the event of delay due to any such
cause, LEIGHTON CONSULTING, INC, shall be paid by
CLIENT only for actual out of pocket costs occasioned by such
delay, including standby costs, as if the same had been included in
the Scope of Work Agreement.
I. Compliance. LEIGHTON CONSULTING, INC.
agrees to perform its Services in accordance with all applicable
laws and regulations which are in force and effect at the time of
performance.
J. Information Obtained from Others. The parties agree
that LEIGHTON CONSULTING, INC. will be supplied with
certain information and/or data by CLIENT and/or others, and that
LEIGHTON CONSULTING, INC. will rely on same.
LEIGHTON CONSULTING, INC. shall not be responsible for
verifying the accuracy of such information, unless the applicable
Scope of Work Agreement provides for verification by
LEIGHTON CONSULTING, INC..
Corp-MSA -396 FORM IA Page 3 of 5
K. Provision of Information. CLIENT shall immediately
notify LEIGHTON CONSULTING, INC. in writing of any
data, information or knowledge in the possession of or known to
CLIENT relating or relevant to performance of the Services,
including information relating to the actual or possible presence of
hazardous materials. CLIENT recognizes that new information
may require revision of LEIGHTON CONSULTING, INC.'s
opinions or analyses.
L. Timely Review and Comment. CLIENT shall
promptly review all documents, reports, data and
recommendations submitted by LEIGHTON CONSULTING,
INC. and shall communicate with LEIGHTON CONSULTING,
INC. concerning such reviews to avoid delay in the performance
of the Services.
M. Headings and Construction. Article and paragraph
headings used herein are for the convenience of reference only
and shall not affect the construction of any provision of this
Agreement. Neither party hereto nor its respective counsel shall
be deemed the drafter of this Agreement for purposes of
construing the provisions hereof. The language in all parts of this
Agreement shall in all cases be construed according to its fair
meaning and not strictly for or against any party hereto.
N. Independent Contractor: LEIGHTON CONSULTING,
INC. shall perform its services as an independent contractor and
not an employee or agent of CLIENT.
O. Notices: Any and all notices and other communications
hereunder shall be in writing and be deemed received when
delivered, or forty -eight (48) hours after being mailed, via
certified or registered mail, return receipt requested, postage
prepaid, to the respective addresses set forth in the applicable
Scope of Work Agreement, or to such other addresses as either of
the parties hereto may from time to time designate in writing to
the other party.
SECTION III: FIELDWORK TERMS
A. Access. CLIENT warrants that it has or will obtain,
timely access for LEIGHTON CONSULTING, INC. to all
necessary areas of the LOCATION and any other property
necessary for the performance of the Services.
B. Site Characteristics and Hazards: CLIENT will
provide LEIGHTON CONSULTING, INC. with and
LEIGHTON CONSULTING, INC. can rely on all relevant
information available concerning the LOCATION, including,
without limitation, any past or present uses, site and facility
diagrams, facts concerning previous conditions or incidents which
could affect the Services or LEIGHTON CONSULTING,
INC.'s opinions; prior studies and assessments and compliance
issues.
C. Repairs, Cleanup and Field Corrections.
LEIGHTON CONSULTING, INC. will use all reasonable care
to minimize damage to the LOCATION and other properties, but
has included only customary site cleanup in the Scope of Work
Agreement. CLIENT is responsible for identifying and locating
underground structures, and agrees to defend, indemnify and hold
LEIGHTON CONSULTING, INC. harmless from and against
all liability, losses or costs resulting from damage to or destruction
of underground structures not properly located and marked.
CLIENT recognizes that performance of the Services may result
in the necessity of some repairs, extra cleanup or field corrections
and agrees to compensate LEIGHTON CONSULTING, INC.
for the same as if it were included in the Scope of Work
Agreement.
D. Safety Equipment and Samples. If special safety
equipment is required to protect personnel, such equipment will be
purchased at the CLIENT's expense. Upon completion of the
Services, all such equipment shall remain CLIENT's property and
shall be returned to CLIENT for proper disposal. All samples
taken, including contaminated materials and decontamination
fluids, shall remain the property of the CLIENT and shall be
returned to the CLIENT at the conclusion of the project for proper
disposal by the CLIENT.
E. Removal Materials. All materials removed from
boreholes or trenches will be placed in suitable storage containers,
if necessary, and left onsite. Contaminated materials will be
stored separately from non - contaminated materials, if this
determination can be made with appropriate Feld equipment. An
appropriate label will be attached to each container identified as
holding contaminated or possibly contaminated materials. Proper
disposal of the containers and their contents is the sole
responsibility of the CLIENT.
F. Groundwater. All groundwater removed from a
monitoring well will be stored in containers onsite. An
appropriate label will be attached to each container. Following
chemical analysis of a sample from the monitoring well or
container, LEIGHTON CONSULTING, INC. will notify the
CLIENT of the results. Proper disposal of the containers and their
contents is the sole responsibility of the CLIENT.
G. Standby Costs. CLIENT shall pay LEIGHTON
CONSULTING, INC. the standby rate set forth in the Scope of
Work Agreement for field personnel and for drilling equipment in
the event of stoppage of work in the field due to: (1) request by
CLIENT, or (2) governmental agency order, or (3) unreported or
unanticipated conditions at the site which, in the sole opinion of
LEIGHTON CONSULTING, INC., constitute a hazard to
personnel and/or equipment in the performance of the
investigation.
H. Waste Removal and Disposal. CLIENT shall be solely
responsible for the selection of disposal sites, removal,
transportation, handling, management, packaging, labeling,
storage, treatment, labeling, manifesting and disposal of any waste
or hazardous materials, including samples produced or
encountered in the performance of the Services as well as all
associated documentation connected therewith. LEIGHTON
CONSULTING, INC. shall follow CLIENTS instructions with
respect to such waste, and shall assist CLIENT as specified in the
Scope of Work Agreement.
C P- MSA -3N& FORM 1A Page 4 of 5
I. Hazardous Substances or Conditions. CLIENT
agrees to advise LEIGHTON CONSULTING, INC. in writing if
any Services are to be performed in an area where hazardous or
toxic substances or conditions may or are likely to be encountered.
CLIENT further agrees that, if such substances or conditions are
encountered, such event shall constitute a changed condition
necessitating a revision to the Scope of Work Agreement to
include all necessary additional Services and to resolve all health
and safety concerns posed by such substances or conditions, or
termination of the services. CLIENT will indemnify and hold
LEIGHTON CONSULTING, INC. harmless from any cost,
claim, liability or injury including delay, associated with
discovery of unanticipated hazardous materials on any disclosure
of any such materials required by law or regulation.
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the date first written above.
LEIGHTON CONSULTING, INC.
By (Signature)
(Print Name)
Date
CITY OF SEAL BEACH
By (Signature)
(Print Name)
CLIENT ACKNOWLEDGES THAT IT HAS READ
AND UNDERSTANDS THE DOCUMENT
ENTITLED "INFORMATION FOR CLIENTS
REGARDING LEIGHTON CONSULTING, INC.'S
SERVICES"
Cory- MSA -39& FORM lA Page 5 of 5
INFORMATION FOR CLIENTS REGARDING
LEIGHTON CONSULTING'S SERVICES
We provide technical consulting services in the
field of geotechnical engineering. As consultants,
we provide professional opinions based on limited
observations and often - changing conditions. Due
to the nature of our work, there are unavoidable
risks. We call your attention specifically to the
following points:
0
4
Our professional opinions will be based in part
upon data obtained from a limited number of
soil and/or other samples, tests analyses,
histories of occurrences, spaced subsurface
explorations and limited numbers of historical
events and observations. Such information is
necessarily limited and incomplete.
The accuracy, value and analytical significance
of borings and other field and laboratory
procedures and data relate only to their specific
time and location. The nature of many sites is
such that differing characteristics can be
experienced within small distances and under
various climatic conditions. Greater accuracy
is obtained when the number and frequency of
procedures and analyses are increased, but we
recognize the necessity of budgetary
constraints, and have agreed with you on the
Scope of Work Agreement taking into account
such constraints.
If conditions change, unexpected events occur,
or variations or latent conditions are later
discovered, they may have an impact on the
way systems perform, and/or it may become
necessary to reevaluate conclusions and
recommendations. Such impacts may also
necessitate a change in the applicable Scope(s)
of Work.
The Services involve tests, calculations,
analyses and procedures, which are in a
constant state of development and refinement.
Evaluative techniques are continually evolving.
Modifications of procedures that have been
made in the past are now being made and are
expected to continue to be made in the future.
Standards existing at present may be revised as
knowledge increases and the state of the
practice in our profession continues to improve.
Because of the inherent risks and
uncertainties in our Services, our contract
contains specific limitations of liability.
Leighton cannot guarantee that
geotechnical services or opinions will
prove adequate and the client assumes the
risk of failure of such services.
a At times, clients elect to utilize new, state of
the art, or innovative techniques, systems, or
approaches for cost, schedule or other reasons.
Sometimes governmental or regulatory
agencies will allow the use of a new technique,
process, or system before it has been
thoroughly tested. If the Client elects to use
unproven or new techniques, they may fail,
despite the exercise of due care on our part, and
despite agency approvals.
.• Our work products shall be based solely upon
the Services described in the Scope of Work
Agreement, and not on tasks, procedures or
tests beyond the scope of described Services on
the time and budgetary constraints reflected in
the Scope of Work Agreement.
We appreciate your business and look
forward to working with you
4
Leighton Consulting, Inc.
A LLtOVION GROUP COV ANY
Attachment "®"
Proposal for Services
SCOPE OF WORK AGREEMENT
This Scope of Work, effective July 30, 2010, is, upon execution of the Parties, incorporated as Scope
of Work Number _ under Master Services Agreement No. by and between Leighton
Consulting, Inc. and City of Seal Beach ( "CLIENT ").
PROJECT LOCATION: McGaugh Elementary School, 1698 Bolsa Avenue, Seal Beach,
California
DESCRIPTION OF SERVICES: See Proposal (P60- 101511) dated July 30, 2010.
LEIGHTON CONSULTING: CLIENT:
Leighton Consulting, Inc. City of Seal Beach
17781 Cowan 211 8th Street
Irvine, California 92614 -6009 Seal Beach, California
Telephone: (949) 253 -9836 Telephone: (562) 431 -2527
Facsimile: (949) 250 -1114 Facsimile:
Prime Contact: Ms. Vivian Cheng Prime Contact: Mr. Sean Crumby
FEE:
The Services shall be undertaken for a lump sum fee of Six Thousand Two Hundred Dollars
($6,200.00), payable upon receipt of invoice.
I have reviewed and agree to this scope of work.
LEIGHTON CONSULTING, INC. CITY OF SEAL BEACH
Client
By (Signature)
(Print Name)
Date
By (Signature)
(Print Name)
Date
CLIENT ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE DOCUMENT
ENTITLED "INFORMATION FOR CLIENTS REGARDING LEIGHTON CONSULTING'S
SERVICES"
LEIGHTON CONSULTING, INC.
MASTER SERVICES AGREEMENT
CONTRACT NUMBER:
SECTION I: SERVICES AND COMPENSATION:
This Master Services Agreement ( "Agreement ") is entered into
effective July 30, 2010 by and between CITY OF SEAL BEACH
( "CLIENT ") and LEIGHTON CONSULTING, INC. (the
"parties "). This Agreement relates to the performance of services
at the locations ( "LOCATIONS ") described in each Scope of
Work Agreement, as set forth in A., below.
The parties agree as follows:
A. Services to be Performed by LEIGHTON
CONSULTING, INC.. LEIGHTON CONSULTING, INC.
shall perform consulting services ( "Services ") as needed by
CLIENT in accordance with this Agreement and various Scope of
Work Agreement, each of which shall refer to this Agreement.
The Scope of Work Agreement shall detail the particular Services
required at a given LOCATION. Each Scope of Work Agreement
shall be numbered consecutively commencing with No. 1. Upon
execution by the parties, each Scope of Work Agreement, together
with this Agreement, shall constitute a separate contract.
B. Invoicing and Payment. CLIENT will pay
LEIGHTON CONSULTING, INC. for performance of
LEIGHTON CONSULTING, INC.'s Services, in accordance
with the payment terms set forth in the Scope of Work Agreement
pertaining to such Services. LEIGHTON CONSULTING,
INC.'s fee schedules are revised annually. The Schedule in effect
at the time the Services are performed shall apply to the Services.
LEIGHTON CONSULTING, INC. shall invoice CLIENT
monthly for its Services, unless another invoicing schedule is set
forth in the applicable Scope of Work Agreement. In the event of
a dispute over payment, Client shall pay all undisputed amounts in
accordance with this Agreement. Invoices will be due upon
presentation and will be past -due thirty (30) days from the date of
the invoice. Should any invoice for payment remain outstanding
for sixty (60) days or more, CLIENT agrees that LEIGHTON
CONSULTING, INC. may suspend Services and/or demand
prepayment of fees at LEIGHTON CONSULTING, INC.'s
option. CLIENT agrees to pay a service charge of one and one-
half (1 -1/2) percent per month, compounded monthly from the
past due the date of the invoice, on past -due accounts, not to
exceed limits set by any applicable usury laws. In the event that it
becomes necessary for LEIGHTON CONSULTING, INC. to
commence action to force payment of invoices, LEIGHTON
CONSULTING, INC. shall be entitled to reasonable collection
costs.
If at any time LEIGHTON CONSULTING, INC. or its officers
or employees should be required or requested to give expert
witness testimony or otherwise participate in a judicial or
administrative proceeding involving the CLIENT or concerning
matters in any way related to the Services under any Scope of
Work Agreement, CLIENT agrees that such activities shall be
deemed part of the Scope of Work Agreement.
Page 1 of
C. Warranty. LEIGHTON CONSULTING, INC. shall
perform its Services in accordance with the standards of care and
diligence normally practiced by members of the profession
performing professional consulting services of a similar nature.
If, during the one (1) year period following completion or
termination of Services, whichever is earlier, under the applicable
Scope of Work Agreement, it is shown that there is an error in the
Services as a result of LEIGHTON CONSULTING, INC.'s
failure to perform the Services in accordance with the above
standard, and CLIENT has notified LEIGHTON
CONSULTING, INC. in writing of the error within such one
year period, LEIGHTON CONSULTING, INC. shall reperform,
at no cost to CLIENT, such corrective Services within the original
Scope of Work Agreement, as may be necessary to remedy such
error and to conform the Services to the above stated standard.
EXCEPT AS EXPRESSLY STATED ABOVE, LEIGHTON
CONSULTING, INC. MAKES NO OTHER WARRANTY,
EXPRESS OR IMPLIED, CONCERNING ANY OF THE
MATERIALS OR SERVICES WHICH MAY BE FURNISHED
PURSUANT TO THIS AGREEMENT.
LEIGHTON CONSULTING, INC. shall, for the protection of
CLIENT, demand available warranties, indemnities and guaranties
with respect to machinery, equipment, materials and services from
all vendors and subcontractors with whom LEIGHTON
CONSULTING, INC. contracts, and shall render all reasonable
assistance to CLIENT for the purpose of enforcing the same.
Technical Limitations
LEIGHTON CONSULTING, INC.'s Services are based solely
on the investigations described in the Scope of Work Agreement,
which was established after consultation between the parties.
Client agrees that it is unreasonable to expect to completely
evaluate subsurface conditions even after the most comprehensive
exploratory program reasonably possible. Further, site conditions
change frequently due to the passage of time, human activities,
and climatic conditions. Uncertainties are therefore inherent in
the nature of LEIGHTON CONSULTING, INC.'s Services and
impossible to avoid. CLIENT acknowledges that the
identification of geotechnical conditions and the prediction of
future or concealed conditions is an inexact scientific endeavor.
The state of the art of geotechnical practice is such that
LEIGHTON CONSULTING, INC. cannot guarantee that its
recommendations will prove adequate on this project and the
client assumes the risk of any such failure, except as provided in
this Agreement. Anything herein to the contrary
notwithstanding, LEIGHTON CONSULTING, INC. shall not
be alleged to be negligent, nor shall LEIGHTON
CONSULTING, INC. be liable under this Agreement or
otherwise for occurrences occasioned by performance of
Services performed in accordance with standards of care and
diligence utilized by those performing similar services at the
time and in the general vicinity in which the Services are
performed.
THIS CONTRACT CONTAINS SPECIFIC LIMITATIONS
OF LIABILITY.
CLIENT has read and understands LEIGHTON
CONSULTING, INC.'s "INFORMATION FOR CLIENTS ".
D. Indemnity. LEIGHTON CONSULTING, INC. shall
release, defend, indemnify and hold CLIENT harmless from and
against any and all claims, demands, losses, expenses and causes
of action resulting from or arising out of (a) failure of
LEIGHTON CONSULTING, INC. to comply in material
respects with federal, state and local laws and regulations
applicable to the Services; (b) material breach by LEIGHTON
CONSULTING, INC. of LEIGHTON CONSULTING, INC.'s
warranties in this Agreement; (c) bodily injury or death of
persons, or damage to or destruction of property to the extent that
the same results from the negligence or willful misconduct of
LEIGHTON CONSULTING, INC., its employees, officers or
agents while engaged in the performance of the Services.
E. Limitations: For any errors, omissions or other acts,
including any damages based in contract, tort or other causes
of action, LEIGHTON CONSULTING, INC.'s liability,
including that of its employees, agents, and officers shall not
exceed amounts recovered under the scope and limits of
LEIGHTON CONSULTING, INC.'s insurance, described in F
below, plus LEIGHTON CONSULTING, INC.'s warranty
obligation, as stated in C, above.
CLIENT shall release, defend, indemnify and hold LEIGHTON
CONSULTING, INC. and its employees, officers and agents
harmless from and against any and all other claims, demands,
losses and causes of action.
F. Insurance: Commencing with performance of the
Services, and for the entire term of this Agreement, LEIGHTON
CONSULTING, INC. shall maintain the following insurance,
and shall, upon the request of CLIENT, furnish copies of
insurance certificates evidencing the following coverages:
Type and Limits
Worker's Compensation: Statutory Limits
Employer's Liability: $1,000,000 per occurrence
Commercial Liability Insurance, including Contractual Liability,
Property Damage, Bodily Injury and Death and Automobile
Liability, $1,000,000 combined single limit, $1,000,000 annual
aggregate
CLIENT shall be named as an additional insured on the
Commercial Liability policy, with respect to LEIGHTON
CONSULTING, INC.'s performance of this Agreement.
CLIENT shall be provided with thirty (30) days written notice
before cancellation of or any material change in such insurance.
G. Changes. In the event CLIENT desires to make
changes in the Services and so notifies LEIGHTON
CONSULTING, INC., LEIGHTON CONSULTING, INC. will
perform such changes and additional work pursuant to the terms,
conditions and pricing of this Agreement and the applicable Scope
of Work Agreement. CLIENT acknowledges that the individual
signing this Agreement on its behalf, or any authorized
representative of CLIENT, may amend or change any Scope of
Work Agreement.
H. Termination. Either party may, prior to completion
and with or without cause, terminate the Services under any or all
Scopes of Work at any time upon five (5) working days' written
notice to the other. In event that CLIENT terminates this
Agreement without cause, LEIGHTON CONSULTING, INC.
shall be paid for Services performed to the date of termination
plus non - cancelable commitments entered into prior to
LEIGHTON CONSULTING, INC.'s receipt of notice of
termination, and actual, reasonable, termination costs.
I. Term. The term of this Agreement is one year from its
effective date; however, this Agreement shall automatically be
renewed for consecutive one -year terms unless terminated by
either party. Termination shall not affect the rights, obligations
and remedies of the parties.
J. Dispute Resolution. Any controversy or claim arising
out of, or relating to, this Agreement must be sought to be settled
by consultation between CLIENT and the President of
LEIGHTON CONSULTING, INC.. Failing resolution by such
consultation, settlement shall be attempted through mediation by a
neutral person acceptable to both parties. If no resolution is
reached by mediation, matters in controversy shall be settled by
binding arbitration in accordance with the Commercial Arbitration
Rules of the American Arbitration Association, or another
alternate dispute resolution organization agreed to by the parties,
and judgment upon the award rendered by the arbitrator(s) may be
entered in any court of competent jurisdiction.
This Agreement, with its attachments, the Scopes of Work, and
any attachments thereto, constitute the complete Agreement of the
parties. No other representations of any kind, oral or otherwise,
have been made. If CLIENT elects to utilize a purchase order or
other form as a convenience, for billing purposes or in accordance
with its customary practice, LEIGHTON CONSULTING, INC.
will refer to the same in invoices or correspondence, with the
understanding that this Agreement supersedes all inconsistent
terms.
This Agreement shall be governed by the laws of the State of
California. Any arbitration or litigation arising from this
Agreement shall take place in Orange County, California.
SECTION II: GENERAL PROVISIONS
A. Severability. If any provision of this Agreement is
finally determined to be contrary to, prohibited by, or invalid
Corp-MSA -3196- FORM IA Page 2 of 5
under applicable laws or regulations, such provision will be
renegotiated so as to give effect to the intent of the parties to the
maximum possible extent. Such determination and renegotiation
shall not affect or invalidate the remaining provisions of this
Agreement.
B. Use of Reports or Services. LEIGHTON
CONSULTING, INC.'s opinions, reports or Services may not be
utilized in prospectuses, proxy solicitations, loan applications, or
other documents or transactions reasonably expected to influence
investment decisions without LEIGHTON CONSULTING,
INC.'s prior written consent.
C. No Third Party Rights. Nothing contained in or
relating to the formation of this Agreement is intended to make
any person or entity who is not a signatory to the Agreement a
third party beneficiary. No one other than CLIENT shall be
entitled to use and rely on the opinions, Services or reports
produced hereunder.
D. Execution and Counterparts. This Agreement and
any Scope of Work Agreement may be executed and delivered in
two or more counterparts and by each party hereto in separate
counterparts, each of which when so executed and delivered shall
be deemed an original and both of which taken together shall
constitute but one and the same instrument.
E. Remedies. Neither party shall be held liable for indirect
or consequential damages of any nature whatsoever, howsoever
arising. The obligations, responsibilities, warranties and liabilities
of the parties with respect to the Services shall be solely those
expressly set forth in this Agreement. Remedies and limitations
on liability shall apply regardless of whether an action is brought
in contract, or is based on either party's negligence, strict liability
or another theory of law. The limitations stated in this Agreement
extend collectively to the parties' partners, joint venturers,
licensors, insurers, and affiliates. CLIENT and LEIGHTON
CONSULTING, INC. agree that any legal action with respect to
the Services to be done under this agreement shall be brought
solely against the parties, and not against affiliated companies,
individual officers, employees or former employees of the parties.
All legal actions by either party against the other for breach of this
Agreement, or for the failure to perform in accordance with the
applicable standard of care, however framed, that are essentially
based upon such breach or failure shall be barred two (2) years
from the time claimant knew or should have known of its right to
make a claim, but in any event, not later than four (4) years from
substantial completion of the Services.
F. Confidentiality. LEIGHTON CONSULTING, INC.
agrees to hold in confidence and not to use or disclose to any
third -party without the written consent of CLIENT any and all
information relating directly to the Services provided, except as
required by law or regulation, or as needed to carry out work
under this Agreement. This obligation of confidentiality shall
expire five (5) years after completion or termination of the
Services under the applicable Scope of Work Agreement, and
shall not apply to: (a) information in LEIGHTON
CONSULTING, INC.'s possession or known to LEIGHTON
CONSULTING, INC. prior to its receipt in connection with this
Agreement or the Services; (b) information independently
developed by LEIGHTON CONSULTING, INC. at no cost to
CLIENT and without the use of CLIENTs confidential
information; (c) information which is or becomes public
knowledge through no fault of LEIGHTON CONSULTING,
INC.; (d)information which is or becomes available on an
unrestricted basis from a third party which LEIGHTON
CONSULTING, INC. has no reason to believe has an obligation
of confidentiality.
G. Ownership of Records. Subject to Paragraph F, above,
all reports, borings, logs, field data, field notes, laboratory test
data, calculations, estimates and other documents prepared by
LEIGHTON CONSULTING, INC. under this Agreement shall
remain the property of CLIENT. LEIGHTON CONSULTING,
INC. shall be entitled to maintain file copies, subject to
LEIGHTON CONSULTING, INC.'s confidentiality agreement
set forth in paragraph 6 above. CLIENT recognizes that
LEIGHTON CONSULTING, INC.'s reports and opinions will
be prepared specifically for and in connection with the Services
performed for the particular LOCATION. CLIENT shall not,
except with LEIGHTON CONSULTING, INC.'s prior written
consent, utilize the same on other projects. Inventions or software
conceived or developed by employees of LEIGHTON
CONSULTING, INC. in the course of the Services shall belong
exclusively to LEIGHTON CONSULTING, INC..
H. Force Majeure. Unless otherwise specified in this
Agreement, LEIGHTON CONSULTING, INC. shall be
obligated to perform its Services within a reasonable period of
time. Schedules are estimates only. LEIGHTON
CONSULTING, INC. shall not be responsible for delays in the
completion of the Services if such delays are created by reason of
any unforeseen cause or causes beyond LEIGHTON
CONSULTING, INC.'s reasonable control, including, but not
restricted to acts of God or the public enemy, acts or delays of
governmental or regulatory bodies, acts or delays of other
contractors or CLIENT, fire, floods, epidemics, riots, quarantine
restrictions, strikes, civil insurrections, freight embargoes, and
unusually severe weather. In the event of delay due to any such
cause, LEIGHTON CONSULTING, INC. shall be paid by
CLIENT only for actual out of pocket costs occasioned by such
delay, including standby costs, as if the same had been included in
the Scope of Work Agreement.
I. Compliance. LEIGHTON CONSULTING, INC.
agrees to perform its Services in accordance with all applicable
laws and regulations which are in force and effect at the time of
performance.
J. Information Obtained from Others. The parties agree
that LEIGHTON CONSULTING, INC. will be supplied with
certain information and/or data by CLIENT and/or others, and that
LEIGHTON CONSULTING, INC. will rely on same.
LEIGHTON CONSULTING, INC. shall not be responsible for
verifying the accuracy of such information, unless the applicable
Scope of Work Agreement provides for verification by
LEIGHTON CONSULTING, INC..
CorpMSA- 306 -FORM 1A Page 3 of 5
K. Provision of Information. CLIENT shall immediately
notify LEIGHTON CONSULTING, INC. in writing of any
data, information or knowledge in the possession of or known to
CLIENT relating or relevant to performance of the Services,
including information relating to the actual or possible presence of
hazardous materials. CLIENT recognizes that new information
may require revision of LEIGHTON CONSULTING, INC.'s
opinions or analyses.
L. Timely Review and Comment. CLIENT shall
promptly review all documents, reports, data and
recommendations submitted by LEIGHTON CONSULTING,
INC. and shall communicate with LEIGHTON CONSULTING,
INC. concerning such reviews to avoid delay in the performance
of the Services.
M. Headings and Construction. Article and paragraph
headings used herein are for the convenience of reference only
and shall not affect the construction of any provision of this
Agreement. Neither party hereto nor its respective counsel shall
be deemed the drafter of this Agreement for purposes of
construing the provisions hereof. The language in all parts of this
Agreement shall in all cases be construed according to its fair
meaning and not strictly for or against any party hereto.
N. Independent Contractor: LEIGHTON CONSULTING,
INC. shall perform its services as an independent contractor and
not an employee or agent of CLIENT.
O. Notices: Any and all notices and other communications
hereunder shall be in writing and be deemed received when
delivered, or forty-eight (48) hours after being mailed, via
certified or registered mail, return receipt requested, postage
prepaid, to the respective addresses set forth in the applicable
Scope of Work Agreement, or to such other addresses as either of
the parties hereto may from time to time designate in writing to
the other party.
SECTION III: FIELD WORK TERMS
A. Access. CLIENT warrants that it has or will obtain,
timely access for LEIGHTON CONSULTING, INC. to all
necessary areas of the LOCATION and any other property
necessary for the performance of the Services.
B. Site Characteristics and Hazards: CLIENT will
provide LEIGHTON CONSULTING, INC. with and
LEIGHTON CONSULTING, INC. can rely on all relevant
information available concerning the LOCATION, including,
without limitation, any past or present uses, site and facility
diagrams, facts concerning previous conditions or incidents which
could affect the Services or LEIGHTON CONSULTING,
INC.'s opinions; prior studies and assessments and compliance
issues.
C. Repairs, Cleanup and Field Corrections.
LEIGHTON CONSULTING, INC. will use all reasonable care
to minimize damage to the LOCATION and other properties, but
has included only customary site cleanup in the Scope of Work
Agreement. CLIENT is responsible for identifying and locating
underground structures, and agrees to defend, indemnify and hold
LEIGHTON CONSULTING, INC. harmless from and against
all liability, losses or costs resulting from damage to or destruction
of underground structures not properly located and marked.
CLIENT recognizes that performance of the Services may result
in the necessity of some repairs, extra cleanup or field corrections
and agrees to compensate LEIGHTON CONSULTING, INC.
for the same as if it were included in the Scope of Work
Agreement.
D. Safety Equipment and Samples. If special safety
equipment is required to protect personnel, such equipment will be
purchased at the CLIENT's expense. Upon completion of the
Services, all such equipment shall remain CLIENT's property and
shall be returned to CLIENT for proper disposal. All samples
taken, including contaminated materials and decontamination
fluids, shall remain the property of the CLIENT and shall be
returned to the CLIENT at the conclusion of the project for proper
disposal by the CLIENT.
E. Removal Materials. All materials removed from
boreholes or trenches will be placed in suitable storage containers,
if necessary, and left onsite. Contaminated materials will be
stored separately from non - contaminated materials, if this
determination can be made with appropriate field equipment. An
appropriate label will be attached to each container identified as
holding contaminated or possibly contaminated materials. Proper
disposal of the containers and their contents is the sole
responsibility of the CLIENT.
F. Groundwater. All groundwater removed from a
monitoring well will be stored in containers onsite. An
appropriate label will be attached to each container. Following
chemical analysis of a sample from the monitoring well or
container, LEIGHTON CONSULTING, INC. will notify the
CLIENT of the results. Proper disposal of the containers and their
contents is the sole responsibility of the CLIENT.
G. Standby Costs. CLIENT shall pay LEIGHTON
CONSULTING, INC. the standby rate set forth in the Scope of
Work Agreement for field personnel and for drilling equipment in
the event of stoppage of work in the field due to: (1) request by
CLIENT, or (2) governmental agency order, or (3) unreported or
unanticipated conditions at the site which, in the sole opinion of
LEIGHTON CONSULTING, INC., constitute a hazard to
personnel and/or equipment in the performance of the
investigation.
H. Waste Removal and Disposal. CLIENT shall be solely
responsible for the selection of disposal sites, removal,
transportation, handling, management, packaging, labeling,
storage, treatment, labeling, manifesting and disposal of any waste
or hazardous materials, including samples produced or
encountered in the performance of the Services as well as all
associated documentation connected therewith. LEIGHTON
CONSULTING, INC. shall follow CLIENT s instructions with
respect to such waste, and shall assist CLIENT as specified in the
Scope of Work Agreement.
Cori�MSA- 3/96-FORM lA Page 4 of 5
I. Hazardous Substances or Conditions. CLIENT
agrees to advise LEIGHTON CONSULTING, INC. in writing if
any Services are to be performed in an area where hazardous or
toxic substances or conditions may or are likely to be encountered.
CLIENT further agrees that, if such substances or conditions are
encountered, such event shall constitute a changed condition
necessitating a revision to the Scope of Work Agreement to
include all necessary additional Services and to resolve all health
and safety concerns posed by such substances or conditions, or
termination of the services. CLIENT will indemnify and hold
LEIGHTON CONSULTING, INC. harmless from any cost,
claim, liability or injury including delay, associated with
discovery of unanticipated hazardous materials on any disclosure
of any such materials required by law or regulation.
IN WITNESS WHEREOF, the parties have executed this Agreement effective on the date first written above.
LEIGHTON CONSULTING, INC.
By (Signature)
(Print Name)
Date
CITY OF SEAL BEACH
By (Signature)
(Print Name)
Date:
CLIENT ACKNOWLEDGES THAT IT HAS READ
AND UNDERSTANDS THE DOCUMENT
ENTITLED "INFORMATION FOR CLIENTS
REGARDING LEIGHTON CONSULTING, INC.'S
SERVICES"
Corp-MSA•3N& FOAM 1A Page 5 of 5
INFORMATION FOR CLIENTS REGARDING
LEIGHTON CONSULTING'S SERVICES
We provide technical consulting services in the
field of geotechnical engineering. As consultants,
we provide professional opinions based on limited
observations and often - changing conditions. Due
to the nature of our work, there are unavoidable
risks. We call your attention specifically to the
following points:
A.
S••
Our professional opinions will be based in part
upon data obtained from a limited number of
soil and /or other samples, tests analyses,
histories of occurrences, spaced subsurface
explorations and limited numbers of historical
events and observations. Such information is
necessarily limited and incomplete.
The accuracy, value and analytical significance
of borings and other field and laboratory
procedures and data relate only to their specific
time and location. The nature of many sites is
such that differing characteristics can be
experienced within small distances and under
various climatic conditions. Greater accuracy
is obtained when the number and frequency of
procedures and analyses are increased, but we
recognize the necessity of budgetary
constraints, and have agreed with you on the
Scope of Work Agreement taking into account
such constraints.
If conditions change, unexpected events occur,
or variations or latent conditions are later
discovered, they may have an impact on the
way systems perform, and/or it may become
necessary to reevaluate conclusions and
recommendations. Such impacts may also
necessitate a change in the applicable Scope(s)
of Work.
The Services involve tests, calculations,
analyses and procedures, which are in a
constant state of development and refinement.
Evaluative techniques are continually evolving.
.• Modifications of procedures that have been
made in the past are now being made and are
expected to continue to be made in the future.
Standards existing at present may be revised as
knowledge increases and the state of the
practice in our profession continues to improve.
Because of the inherent risks and
uncertainties in our Services, our contract
contains specific limitations of liability.
Leighton cannot guarantee that
geotechnical services or opinions will
prove adequate and the client assumes the
risk of failure of such services.
At times, clients elect to utilize new, state of
the art, or innovative techniques, systems, or
approaches for cost, schedule or other reasons.
Sometimes governmental or regulatory
agencies will allow the use of a new technique,
process, or system before it has been
thoroughly tested. If the Client elects to use
unproven or new techniques, they may fail,
despite the exercise of due care on our part, and
despite agency approvals.
•.+ Our work products shall be based solely upon
the Services described in the Scope of Work
Agreement, and not on tasks, procedures or
tests beyond the scope of described Services on
the time and budgetary constraints reflected in
the Scope of Work Agreement.
We appreciate your business and look
forward to working with you
Leighton Consulting, Inc.
A LEIGHTON 6P.OUP C.OMPANV
Leighton Consulting. Inc.
A LEIC,NiON GROUP COMPANY
July 30, 2010
Proposal No. P601 -01511
To: City of Seal Beach
211 8th Street
Seal Beach, California 90740
Attention: Mr. Sean Crumby
Subject: Proposal to Conduct Geotechnical Study for the Tennis Court Repair at McGaugh
Elementary School, 1698 Bolsa Avenue, Seal Beach, California
INTRODUCTION
In accordance with your request, Leighton Consulting, Inc. (Leighton Consulting) is pleased to
submit this proposal to conduct a geotechnical study for the tennis court repair at McGaugh
Elementary School. This proposal is prepared based on our conversation on July 30, 2010.
PROJECT BACKGROUND
McGaugh Elementary School is located at 1698 Bolsa Avenue in the city of Seal Beach, California.
The subject tennis courts are located within the northwestern portion of the school campus
immediately west of the existing swimming pool. Leakage was observed within the swimming pool
few years ago and the leakage was fixed afterwards. However, water leaked from the swimming
pool before the fix was suspected to be migrated underneath the tennis courts.
The purpose of our study is to explore the subgrade of the tennis courts and provide
recommendations for the tennis courts repair.
No structural or grading plan was provided to Leighton Consulting the time of this writing.
17781 Cowan 0 Irvine, CA 92614 -6009
949.253.9836 B Fax 949.250.1114 0 www.leightonconsulting.com
P601 -01511
SCOPE OF SERVICES
Our scope of services will include subsurface exploration, laboratory testing, and engineering
analysis to develop geotechnical design recommendations for the tennis court repair. The tasks are
summarized below.
Site Reconnaissance and USA Clearance
We will perform a site reconnaissance to evaluate the site. We will premark the proposed boring
locations and contact Underground Service Alert (USA) at least 48 hours prior to the field
exploration for possible public utilities at the site. We assume that you will provide us with
available underground utility information prior to the field exploration.
Subsurface Exploration
We proposed to perform one day of potholing at the site. The potholing will include excavating 4 to
6 shallow borings within the tennis courts. The borings will be excavated to approximately 2 to 5
feet below current grade. All borings will be advanced to the proposed depth or refusal, whichever
is shallower.
We will attempt to avoid utilities; however, despite reasonable efforts to avoid damages, there are
inherent risks to utilities from drilling. As required by the state of California, we will notify
Underground Service Alert (USA) of the locations of our planned explorations prior to drilling and
plans made available to us. Our proposal does not include costs or other provisions for utility
repairs.
During drilling, bulk and relatively undisturbed soil samples will be collected from the borings at
selected intervals. Upon completion of excavation, the borings will be backfilled with soil cuttings.
Laboratory Testing
Representative samples obtained from the borings will be tested in our geotechnical laboratory in
general accordance with the applicable ASTM and/or Caltrans Standards and may include the
following tests:
• In -place moisture and density;
• Maximum dry density and optimum moisture content;
• Expansion Index; and
• Corrosivity tests.
s.
-2-
Leighton
P601 -01511
Portions of samples remaining after the completion of laboratory testing will be stored in the
laboratory for 30 days. After 30 days, samples will be discarded unless we are notified otherwise.
Engineering Analysis and Letter
Data obtain from the subsurface exploration and laboratory testing will be evaluated to develop
geotechnical design recommendations for the proposed tennis courts repair. The letter -report will
include the followings:
• A discussion of available background information and field and laboratory procedures used in
the exploration.
• A description of earth materials encountered in the explorations, and depth to groundwater, if
encountered. Description of soils will include presence of saturated and potentially deleterious
soils.
• Summary of subsurface conditions, results of laboratory testing, and a plan indicating the boring
locations.
• Recommendations for tennis court repairs, earthwork and site grading.
• A discussion of the corrosivity and sulfate and/or chloride attack potential of site soils.
Four hard copies and a pdf file version of the final geotechnical letter -report will be submitted to
you.
SCHEDULE
We are prepared to begin our background review and scheduling of field exploration personnel and
equipment immediately upon our receipt of your signed authorization to proceed. We will notify
Underground Service Alert (USA) at least 48 hours before we proceed with our field exploration
program. We assume that you will provide us with all known information regarding the location of
underground utilities. A preliminary draft letter will be issued to you within two weeks after we
initiate our field exploration program. The final report will be submitted to you one week after we
receive the comments from you.
-3-
P601 -01511
PROJECT FEE
The fees for the above tasks are summarized in the following table:
Tasks
Fee
Site Reconnaissance
$ 600
Field Exploration
$ 2,200
Laboratory Testing
$ 900
Geotechnical Recommendations and Letter-Report
$ 2,500
Total — (Lump Sum) :
$ 6,200
Additional services such as response to agencies review comments, post -report consultation or
attending project team meetings is not included and will be charged on a time - and - materials basis in
accordance with the approved fee schedule.
Attached is an agreement covering our services. If the services are awarded to Leighton and the
Agreement is acceptable to you, please have two copies of both the Master Services Agreement and
the Scope of Work executed by a duly authorized officer and returned to us and we will return one
fully executed copy for your records. Your assent to our performing services or your acceptance or
use of our services or information prior to executing of a mutually acceptable contract constitutes
your agreement that the terms of the attached Agreement shall control.
-4-
Leighto n
P601 -01511
CLOSURE
If you have any questions regarding this proposal, please do not hesitate to contact this office. We
appreciate this opportunity to be of service. The undersigned can be reached at (949) 250 -1421.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
Vivian M. Cheng, PE, GE
Senior Project Engineer
VMC /lr
Attachments: 2010 Professional Fee Schedule
Scope of Work Agreement
Master Services Agreement
Information for Clients Regarding Leighton Consulting's Services
Distribution: (1) Addressee
-5-
L�it���t4n
Leighton
2010 PROFESSIONAL FEE SCHEDULE*
PROFESSIONAL SERVICES
Technical Staff Hourly Rate
TechnicianI .............................................................................................. ............................$83
TechnicianII ..............................................................................................
.............................88
SeniorTechnician ......................................................................................
.............................95
Laborer (Prevailing Wage) ** .....................................................................
.............................95
Soil /Field Technician (Prevailing Wage) ** .................................................
.............................99
Materials Inspection Manager .................................... ...............................
............................110
Staff Engineer /Geologist/Scientist/Field Supervisor ... ...............................
............................121
Senior Staff Engineer /Geologist/Scientist .................. ...............................
............................138
Operations Manager /Equipment Operator ................. ...............................
............................160
Project Engineer /Geologist/ Scientist .......................... ...............................
............................160
Senior Project Engineer /Geologist/Scientist .............. ...............................
............................176
Associate................................................................... ...............................
............................198
Principal..................................................................... ...............................
............................215
SeniorPrincipal .......................................................... ...............................
............................259
Technical Support Staff
Hourly Rate
Project Administrator /Word Processor .....................................................
............................$78
InformationSpecialist ................................................. ...............................
............................105
CADOperator ............................................................ ...............................
............................110
GISSpecialist ............................................................ ...............................
............................125
Miscellaneous
Unit Rate
Vehicleusage ......................................................................... ...............................
$15 per hour
Nuclear density gauge ..................................................................
.............................88 per day
FTP site set up (project- specific) .......................................................
.............................75 each
* Effective through December 31, 2010, after which remaining work will be billed at then - current rates.
** Subject to change based upon project advertised date and changes in California prevailing wage rates.
9060 302.1 -10 Leighton 17781 Cowan I Irvine, CA 92614 p 1 866 - Leighton f 1949-250-1114
Leighton 12010 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 (525) /Barricades (single lane)
40 per day
9556
Tubing, clear vinyl 3/8 -inch diameter
.45¢ per foot
9528
Turbidity Meter
70 per day
9548
TyvekO 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 1 866 - Leighton f 1 949 - 250 -1114 page 2 18
9060 302 - 1 -10 Leighton Leighton
Leighton 12010 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 (53 -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 #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 #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 ( >_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 (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
4
p 1 866- Leighton f 1 949 - 250 -1114 page 3 18
9060 302 . 1 -10 Leighton
Leighton
Leighton 12010 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 (S7% 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 Q 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/unloads 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)
(Failing 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 I 866-Leighton f1949- 250 -1114 page 418
9060 302 - 1 -10 Leighton Leighton
Task
6200
6201
6202
6203
6204
6205
6207
6208
6211
6212
6213
6214
6217
6218
6219
Task
6230
6233=
62348
6235=
6236a
6237a
6238=
6239=
6240=
6241=
6242
6232
7120
Leighton 12010 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
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
$85 $70
85 70
ICC 85 70
89 76
85 70
89 76
85 70
85 70
85 70
89 76
85 70
85 70
89 76
Quote upon request, site - specific
89 76
Technician Services
ACI Concrete /Rebar Tag & Sample
Pachometer Survey
Schmidt Hammer Survey
Moisture Testing
In -situ surface Wenner soil resistance test (including equipment)
Pull -out Test on Embedded Bolts, 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, 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 (at Leighton laboratories)
Prevailing Wage" Non- Prevailing
$85 $70
85 70
85 70
85 70
100 85
100 85
Quote upon request, site - specific
Quote upon request, site - specific
Quote upon request, site - specific
Quote upon request, site - specific
80
80
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) :56 -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 1 866 - Leighton f 1 949 - 250 -1114 page 5 18
9060 302 - 1 -10 Leighton
Leighton
Leighton 12010 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) 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 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 5 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, 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 6 18
9060 302.1 -10 Leighton Leighton
Leighton 12010 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 1hour
T soil t material m soil & materials
p 1 866 - Leighton f 1949-250-1114 page 7 1 8 ki
9060 302.1 -10 Leighton Leighton
Leighton 12010 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.
• Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed
on the previous pages, with a minimum charge of four hours per day.
• Minimum Hourly Charges for Geotechnical and Environmental Technicians (field time only):
1. Monday- Friday ........................................................................... ............................... 2 hours
2. Saturday and Sunday ................................................................ ............................... 4 hours
• Minimum Hourly Charges for Special Inspectors or Material Testing Field Services (field time only):
1. Cancellation of inspections not canceled by 4:00 p.m. on preceding day * .............. 2 hours
2. One -half working day or less except as No. 3 (below) applies . ............................... 4 hours
3. Over one -half working day, or begins before noon and extends into afternoon ...... 8 hours
*No charge if cancellation is made before 4:00 p.m. of the preceding work day.
• Outside Direct Costs (ODCs): Heavy equipment, subcontractor fees and expenses, project - specific permits
and /or licenses, project - specific supplemental insurance, travel, subsistence, project - specific parking charges,
shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20 %, unless billed
directly to and paid by client.
• Insurance and Limitation of Liability: These rates are predicated on standard insurance coverage and a
limit of Leighton's liability equal to our total fees for a given project.
• Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of
1'/- percent per month will be charged for late payment.
• Proposal Expiration: Proposals are valid for at least 30 days, subject to chanr9e after 30 days; unless
otherwise stated in the attached proposal. Fees are subject to change on January 1'. . of every year.
• 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 866- Leighton f 1949-250-1114 page 8 18
9060 302 - 1 -10 Leighton Leighton
Attachment "E"
Minute Excerpt (06- 14 -10)
MINUTE EXCERPT
Seal Beach California
June 14, 2010
The City Council of the City of Seal Beach met in regular session at 7:00 p.m.
with Mayor Sloan calling the meeting to order and Councilman Antos leading the
Salute to the Flag.
ROLL CALL
Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks
COUNCIL ITEM
ITEM "B" / MC GAUGH TENNIS COURTS / CONDITION REPORT (Shanks)
Councilman Shanks stated that the tennis court nets are back up and are able to
be used - it is a goal to have the courts refinished in the fall. Councilman Miller
indicated that it was his understanding that the school board had an agreement
with the contractor to restore the tennis courts to their original condition.
Councilman Shanks responded that in order to be able for Seal Beach residents
to use the courts, the City had to step up and do what was needed to be done
and that hopefully in the fall the school board and council will have an agreement
to have the courts resurfaced. The Director of Public Works clarified that staff
reviewed the geotechnical report provided by the school district and staff is not
able to determine the validity of the recommendations (they tested only one
section - found a void and water under the slab) but believes there is no
immediate threat to those playing tennis on the courts. Councilman Antos
recommended that staff prepare some kind of cost analysis for the repairs to
present to the school district to discuss a 50/50 shared cost. Shanks moved,
second by Miller, to receive and file the report - no further direction was given.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the above is a true and correct copy of the minute order on file in the Office
of the City Clerk, passed, approved, and adopted by the City Council of the City
of Seal Beach at a regular meeting thereof held on the 14th day of June 2010.
DATED this 30th day of July 2010.
Linda Devine, City Clerk
City of Seal Beach