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HomeMy WebLinkAboutCC AG PKT 2010-10-11 #P AGENDA STAFF REPORT DATE: October 11, 2010 TO: Honorable Mayor and City Council THRU: David N. Carmany, City Manager FROM: Sean P. Crumby P:E., Director of Public Works SUBJECT: AGREEMENT FOR GEOTECHNICAL SERVICES AT THE AREA INCLUDING GUM GROVE PARK AND POLICE STATION SUMMARY OF REQUEST: iscia It is requested that the City Council adopt Resolution No. 6069 approving an agreement with Leighton Consulting Inc. for geotechnical services at the area including Gum Grove Park and the City's Police Station in the amountlof $7,500. BACKGROUND: In January 2010, Southern California experienced a rainfall event estimated ranging from a 100 year flood to a 300 year flood. The City of Seal Beach had record rainfalls estimated ranging from a 25 year flood to a 200 year flood event with a tornado touching down near the south portion of the city. Due to this rain event, the City of Seal Beach activated the Emergency Operations Center (EOC). During full operations of the EOC, the EOC received a call from the Heron Pointe Home Owners Association (HOA) in regards to a slope failure between Gum Grove Park and the Heron Pointe property. Staff performed a site investigation and concluded a slope failure occurred and recommended to the HOA a temporary repair. Iti is unknown whether the location of this slope failure is within Gum Grove Park or Heron Pointe (private) property. During the same storm event another slope failure occurred on the opposite side of the Heron Pointe property adjacent to the City Police Station. This slope failure occurred on the Hellman Ranch asphalt access road. This failure was determined to occur on private property with the material sliding onto the City Police Station parking lot. After speaking with staff, it appears that this has occurred in the past. The Heron Pointe HOA has cleaned up both areas. Staff requests that the Council authorize a geotechnical study to assess the situation. • Agenda Item P Page 2 Staff is currently working with the California Emergency Management Agency (CEMA) for reimbursement for expenses incurred due to the January 2010 rain event. CEMA has informed us that slope failure repair work is fully reimbursable for work on public property. Staff solicited proposals from two qualified geotechnical engineering firms. Leighton Consulting Incorporated is currently evaluating the McGaugh Pool. Leighton submitted a proposal for $7,500 to include subsurface exploration, engineering analysis, determine the depth and lateral extent of the distress, potholing, laboratory testing and a report of findings, conclusions, and recommendations. URS Corporation submitted a proposal for $10,000 to prepare the study. Staff reviewed the proposals and recommends the firm of Leighton Consulting. FINANCIAL IMPACT: The cost of the services is $7,500. This amount is fully refundable from CEMA. • RECOMMENDATION: It is requested that the City Council adopt Resolution No. 6069 approving an agreement with Leighton Consulting Inc. for geotechnical services at the area including Gum Grove Park and the City's Police Station in the amount of $7,500. SUBMITTED BY: NOTED AND APPROVED: . can P. Crumby, P.E. ' David N. CarmAny Director of Public Works City Manager Prepared by: Michael Ho, City Engineer Attachments: A. Resolution No. 6069 B. Area Map C. Agreement RESOLUTION NUMBER 6069 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AGREEMENT BETWEEN SEAL BEACH AND LEIGHTON AND ASSOCIATES FOR GEOTECHNICAL SERVICES (GUM GROVE PARK AND POLICE DEPARTMENT AREA) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council hereby approves that certain agreement ( "Agreement ") dated October 11, 2010 with Leighton and Associates in the amount of $7,500 for geotechnical services at the area including Gum Grove Park and the Police Station. Section 2. The Council hereby directs the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach, at a regular meeting held on the 11 day of October 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 6069 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11 day of October , 2010. City Clerk • • DESIGN PROFESSIONAL SERVICES AGREEMENT FOR HEREON POINT GEOTECHNICAL INVESTIGATION between ......... SEA BF �� ,cpRPilitzTf O t, a �• f City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 LEIGHTON CONSULTING, INC. 17781 Cowan Irvine, CA 92614 This Design Professional Services Agreement ( "the Agreement ") is made as of the 11 day of October, 2010 (the "Effective Date "), by and between Leighton Consulting, Inc. ( "Consultant "), a California Corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 11 S7296- 0200 \1214436v1.doc • 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 principal members of its firm are qualified professional licensed engineers and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. 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. 2 of 11 57296- 0200 \1214436v1.doc 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 $7,500. 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% e 4.0 Method of Payment • 7 94e1/4010 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 clays 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. Jeff Pflueger, P.G. is the Consultant's representative for purposes of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of Jeff Pflueger, P.G. were a substantial inducement for City to enter into this Agreement. Therefore, Jeff Pflueger, P.G. shall be responsible during the term of this 3 of 11 S7296- 0200 \1214436v1.doc Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 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 Consulting, Inc. 17781 Cowan Irvine, CA 92614 Attn: Jeff Pflueger, P.G. 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. 4of11 S7296- 020011214436v1.doc 8.3. Consultant shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 8. 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). 5of11 S7296- 0200 \12144360.doc Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 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 • than: General Liability: $1,000,000 per occurrence and $2,000,000 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. 6 of 11 S7296- 0200 \1214436v1.doc 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, attomeys, 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 altemative 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 Design 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. 7 of 11 57296- 0200 \1214436v1.doc 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 Govemment 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. 8of11 57296- 0200 \1214436v1.doc 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. 9 of 11 S7296-020011214436v1 doc 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. 10 of 11 S7296-0200 1214436v 1.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 By: By: 3440/0 David Carmany, City Manager Name: Thomas C. Benson, Jr. Attest: Its: President and CEO By: By: Linda Devine, City Clerk Name: Approved as to Form: • Its: By: Quinn Barrow, City Attorney 11 of 11 57296- 0200\1214436vt.doc • Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY September 22, 2010 Project No. P601 -01530 To: City of Seal Beach 211 8 Street Seal Beach, California 90740 Attention: Mr. Michael Ho Subject: Proposal to Perform a Background Review and Limited Geotechnical Exploration for the Two Slope Distress Areas Located Along the Perimeter Slopes of the Heron Pointe Residential Development (Tract 15402), City of Seal Beach, California Introduction In accordance with your request, Leighton Consulting, Inc. is pleased to present this proposal to • perform a background review and limited geotechnical exploration of the two slope distress areas along the perimeter slopes of the Heron Pointe residential development (Tract 15402) in the City of Seal Beach, California. This proposal is based on conversations with you and the site reconnaissance performed on September 7, 2010. This proposal to perform a background review and limited geotechnical exploration is intended to provide the necessary information in order to develop recommendations for repair of the two slope distress areas. Project Background • It is our understanding that the Heron Pointe residential development was rough graded under the observation and testing by others, and that there are as- graded geotechnical reports available for this development and that they will be provided to us by you the client for review. • 17781 Cowan ® Irvine, CA 92614 -6009 949.253.9836 a Fax 949.250.1114 ® www.leightonconsuIting.con P601 -01530 Our recent site reconnaissance indicated two areas of distressed slopes. The first area is located near the southern portion of the residential development on a slope descending from a park area towards a block wall adjacent to two residences within the development (Lots 54 and 55 of Tract 15402). There appears to be severe erosion and surficial slope failures that have deposited debris at the toe of the slope against the block wall. The second area is located in the northern portion of the residential development on a slope descending away from the access road north of Lots 13 through 15 of Tract 15402 down towards a parking lot associated with the police station. Evidence of severe erosion on the slope and several minor cracks in the asphalt access road at the top of the slope were observed. It is our understanding that there was previously a slope failure in this area that resulted in a large amount of debris in the parking lot area. Scope of Services Our scope of work will include a background review and a limited subsurface exploration, and engineering analysis in order to develop geotechnical design recommendations for slope repair. Our scope of work will include the following services: • Review available geologic literature, geotechnical reports, and grading reports that may have been prepared for the site and adjacent sites. • Perform a limited subsurface geotechnical investigation to evaluate the existing subsurface conditions and to determine the depth and lateral extent of the distress in the slopes. This investigation will include potholing of approximately 2 to 3 shallow borings at each area containing slope distress. The borings are expected to be excavated up to approximately 5 feet below the existing ground surface. • Laboratory testing of soil samples to determine pertinent engineering parameters. • Engineering analysis and the design of proposed recommendations for distressed slope areas. • Preparation of a report providing our findings, conclusions, and recommendations. Fee We propose to perform the scope of work described above on a time -and- material basis in accordance with our attached 2010 Professional Fee Schedule. For budgeting purposes, we have estimated the fees for performing the work described above to be Seven Thousand Five Hundred Dollars ($7,500.00). A breakdown of fees for completion of the above mentioned scope of work 4 -2- Leighton P601 -01530 is provided below. This estimate does not include post - submittal consultation and project team meetings. Attached is an agreement covering our services. If the services are awarded to Leighton Consulting 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. • Background Review $ 1,200.00 • Site Reconnaissance $ 600.00 • Field Exploration $ 1,700.00 . Laboratory Testing $ 500.00 . Data Analysis and Preparation of Report $ 3.500.00 TOTAL $ 7,500.00 4 -3- Leighton P601.-01530 If you have any questions regarding this proposal, please do not hesitate to contact this office. We appreciate the opportunity to be of service to you. Respectfully submitted, LEIGHTON CONSULTING, INC. • • Project Geologist, l (C:C°? ) • Edward L. Burrows, PG, CEG Associate Geologist JMP /ELB/lr Attachments: 2010 Professional Fee Schedule Scope of Work Agreement Master Services Agreement Information for Clients Regarding Leighton and Associates' Services Distribution: (2) Addressee -4- Leigntcn Ar Leighton EACH i 8 i T 2010 PROFESSIONAL FEE SCHEDULE* PROFESSIONAL SERVICES Technical Staff Hourly Rate Technician I $83 Technician II 88 Senior Technician 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 Senior Principal 259 Technical Support Staff Hourly Rate Project Administrator /Word Processor $78 Information Specialist 105 CAD Operator 110 GIS Specialist 125 Miscellaneous Unit Rate Vehicle usage $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 fl 949 - 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-lonization 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 Gninfos 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, dear vinyl 3/8 -inch diameter per per foot 9528 Turbidity Meter 70 per day 9548 Tyvek® Suit (each) 12 each 9529 Vapor Sampling Box • 40 per day 9588 Visqueen, 6 -mil, 20 feet x100 feet roll, 6-mil 75 per roll 9536 Water Level Indicator (electronic well sounder) 5300 feet deep well 40 per day 9597 Double -Ring Infiltrometer (ASTM D 3385-09) equipment 350 per day a p I 866 - Leighton f1 949 -250 -1114 page 2 I 8 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 (11/2-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 (23 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 d e o p 1 866 - Leighton f i 949 - 250 -1114 page 3 1 8 Wi c 9060 302 - 1 -10 Leighton Leighton Leighton 1 2010 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 (Cattrans CTM 216: Caltrans wet density compaction curve) 8103 Relative Density (0.1 cubic foot mold) ASTM D 4253, D 4254 236 8104 California Bearing Ratio (CBR) — 3 point ASTM D 1883 500 • 8105 — 1 point' 184 Compaction (Maximum Density) should also be performed — not included in above prices 8090 R -Value — Untreated CTM 301 310 8091 R -Value — Lime or cement treated soils (<7% additive) CTM 301 338 Triaxial Tests Method Per Test 8120 Unconfined Compression Strength of Cohesive Soil (with stress/strain ASTM D 2166 $135 plot) 8121 Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils ASTM D 2850 168 (USACE 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 Expanslon /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 (El) ASTM D 4829 -08 131 8145 Swell/Collapse Test — Method A (Up to 10 load/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) (Falling Head Method C) 8163 - Each Additional Effective Stress 121 8164 - Hand Trimming of Soil Samples for Horizontal K 58 8169 Remolding of Test Specimens 58 Soil- Cement Method Per Test 8106 Moisture - Density Relations of Soil- Cement Mixtures ASTM D 558 $240 8107 Wet -Dry Durability of Soil- Cement Mixtures' ASTM D 559 1,205 8130 Compressive Strength of Molded Soil- Cement Cylinders' (per cylinder) ASTM D 1633 60 8161 Soil- Cement Remolded Specimen` (for shear strength, consolidation, etc.) 236 'Compaction (ASTM D 558 maximum density) should also be performed — not Included in above price p 1 866- Leighton f 949- 250 -1114 page 4 1 8 9060 302 . 1 -10 Leighton Leighton Leighton 12010 Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES Task Special Inspection Services (field) Prevailing Wage" Non - Prevailing 6200 Special Inspection Concrete ICC $85 $70 6201 Special Inspection Post - Tension Concrete ICC 85 70 6202 Special Inspection Structural Steel/Welding & Bolting ICC 85 70 6203 Special Inspection Welding AWS /CWI 89 76 6204 Special Inspection Masonry ICC 85 70 6205 Special Inspection Masonry DSA 89 76 6207 Special Inspection Asphalt 85 70 6208 Special Inspection Fireproofing ICC 85 70 6211 Special Inspection Shotcrete or Gunite ICC 85 70 6212 Special Inspection Shotcrete or Gunite DSA 89 76 6213 Special Inspection Epoxy Injection & Anchors 85 70 6214 Batch Plant Inspection Concrete /Asphalt 85 70 6217 Fabrication Inspection (Local) AWS /CWI, ICC, Glulam 89 76 6218 Fabrication Inspection (Outside Southern California) Quote upon request, site - specific 6219 Inspector Verified Report (DSA -5 /DSA -6) 89 76 Task Technician Services Prevailing Wage" Non - Prevailing 6230 ACI Concrete/Rebar Tag & Sample $85 $70 6233a Pachometer Survey 85 70 6234n Schmidt Hammer Survey 85 70 6235a Moisture Testing 85 70 6236u In -situ surface Wenner soil resistance test (including equipment) 100 85 6237n Pull -out Test on Embedded Bolts, Anchors and Dowels (including equipment) 100 85 6238a Earth Anchor Hold Down Test (4 hour, full load application with 5 tests minimum) Quote upon request, site - specific 623913 Earth Anchor Hold Down Test (Prelude / short term with full load) Quote upon request, site - specific 6240u Coring concrete, masonry or asphalt in the field Quote upon request, site - specific 6241❑ Sawing concrete, masonry or asphalt in the field Quote upon request, site - specific 6242 Pick -up and Delivery — (weekdays, per trip, <50 mile radius from Leighton office) 80 6232 Coring and Sizing (in house, at Leighton laboratories) 80 7120 Laboratory Technician (at Leighton laboratories) 80 in 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 866 - Leighton 949 - 250 -1114 page 5 1 8 9060 302 - 1 -10 Leighton Leighton Leighton 1 2010 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) ,x 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 > 84nch 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 P1 866 - Leighton fl 949 - 250 -1114 page 6 18 V 9060 302 - 1 -10 Leighton Leighton Leighton 1 2010 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 $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 • a de p 866 - Leighton f1949-250-1114 page 7 1 8 9060 302 -1 -10 Leighton Leighton Leighton 1 2010 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 Califomia 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 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 i 866- Leighton f I 949- 250 -1114 page 8 i 8 9060 302 -1 -10 Leighton Leighton ..