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12-0820_LEIGHTON CONSULTING, INC._Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this q day of , 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "Cit '} and Leighton Consulting, Inc. (Inereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to perform appraisal of the City of San Juan Capistrano pavement study for rehabilitation of citywide streets. WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit'A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit"A"and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Twenty Four Thousand Eight Hundred Sixty Five Dollars ($24,865) as set forth in Exhibit"A," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period as determined by the City Engineer. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Chancres to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City,the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 3 Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers'Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision 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 special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 4 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Priorto beginning anywork under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty(30)days'written notice is given to City,except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written"Notice to Proceed"verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nisha Patel, P.E. c/o William Seitz, P.E. rbf/baker 949.300.9132 5 To Consultant: Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 Attn: Roderick Marcia, P.E. 949681.4294 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JU CAPISTRANO ren rust, City Manager CONSULTANT Thomas C. Benson, Jr., Presi nt and CErO Leighton Consulting, Inc. AT Maria Nrotris, City C t APPROVED AS TO FORM: (()Ilm6�11v oill&1z'�j Omar Sand ai, City Attorney 7 Leighton Consulting, Inc. P601-01993 July 19,2012 (Revised July 23,2012) Proposed Scope of Work and Fee Estimate Geotechnical Exploration Report Citywide Pavement Rehabilitation Project San Juan Capistrano, California Project Description Leighton Consulting, Inc. (Leighton) is pleased to provide this scope of work and fee estimate to perform geotechnical exploration in support of the City of the San Juan Capistrano pavement study for rehabilitation of citywide streets. The planned rehabilitation will be to extend the pavement life to 15 years. This proposal is based on Ms. Nisha Patel's email request dated July 17, 2012 with attachments including the subject street alignments and pavement condition indexes (PCI), and conversation with Mr. Harry Thomas of OCTA. We understand that a pavement study for the planned street rehabilitation will be required as part of the application to secure funds from State-Local Partnership Program (SLPP) through OCTA. The proposed rehabilitation project will consist of edge grinding and 2-inch overlay of the existing asphalt pavement at fifteen street alignments. Generally, the streets are located in residential neighborhood of San Juan Capistrano. The PCTs of the various streets ranged from 42 to 81 as previously surveyed by others. In addition to the pavement rehabilitation, handicap ramps within the alignments are also planned for improvements. Leighton's Scope of Work Our scope of work will consist of geotechnical exploration program within the street alignments to measure the thickness of the existing pavement sections; sample the subgrade directly below the existing pavement for soil classification, and R-value testing; geotechnical analyses; and report preparation. Accurate traffic indexes for each street will be provided to us by the City. ■ Review geotechnical reports and geology maps available in our in-house library pertinent to the site or other readily available background materials. ■ Prepare a geotechnical exploration plan, including a map showing locations of the proposed borings for review by City of San Juan Capistrano. ■ Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. P-1 EXHIBIT A Leighton Consulting, Inc. P601-01993 July 19,2012 (Revised July 23,2012) • Apply for encroachment permits from the City of San Juan Capistrano. Perform a subsurface exploration consisting of drilling, logging, and sampling of fifteen (15) borings spaced within the subject alignments. The borings will be drilled using hollow-stem auger, advanced to average depths of 5 feet or refusal, whichever is shallower, and will be logged by a representative of Leighton. Existing pavement sections at the boring locations will be measured. Representative soil samples will be collected at subgrade directly below the existing pavement and at selected depths, and transported to our laboratory for testing. The borings will be backfilled with native soil cuttings and existing asphalt concrete surfaces will be restored with cold patch asphalt. Traffic control will be provided, as necessary, during the subsurface exploration. Perform laboratory testing on selected soil samples to determine the engineering properties of the subsurface soils. The tests are anticipated to consist of in-situ moisture content and R-Values. Perform geotechnical engineering analysis of the collected data and develop geotechnical recommendations. Prepare a Geotechnical Report presenting our findings and recommendations, and will be signed by a Registered Geotechnical Engineer. The report will include alignment location map, boring logs and laboratory test results: - Results of the subsurface explorations and geotechnical laboratory tests, with description of the surface, soil and ground water conditions (if encountered). Pavement evaluation and overlay design. Earthwork recommendations including subgrade preparation, and the placing of any required compacted fill. Schedule We are prepared to begin this work upon receipt of a written notice-to-proceed. California law requires that Underground Service Alert (USA) be provided at least two working days advanced notice to locate registered utilities in the proposed exploration area, before exploration can begin. We understand the nature of the geotechnical report is time sensitive to your application for SSPL. Therefore, our work will be dependent on receipt of written notice-to-proceed, the availability of site access constraints, duration of permit procurement, weather and exploration equipment availability. Field exploration may begin three to ten working days after we receive written authorization to proceed for this project. We will notify P-2 Leighton Consulting, Inc. P601-01993 July 19,2012 (Revised July 23,2012) you within three days of receiving your written authorization to proceed of our field work schedule. Our field exploration is expected to be completed in two days and the laboratory testing will take approximately one week after completion of our field work. We can provide a draft report for review and comments by August 7, 2012 with the assumption that we receive the notice-to-proceed by July 24, 2012. Otherwise, our report shall be expected at a later date. A final report can be provided three days after receipt of comments, if any, from the City. Project Fee Our services will be billed on a fixed fee basis of$24,865 based on the scope of work presented above. The fee breakdown is presented in Table 1. This fee has been made based on the following assumptions: • This project is subject to the Prevailing Wage Law. • The encroachment permit from the City of San Juan Capistrano, if required, will be a no-fee permit. • Our field exploration can be performed during daylight hours on weekdays. • Our scope of our work does not include an assessment of the site for the possible presence of substances that may be considered hazardous. If we encounter substances we feel may be hazardous, we will discontinue work in the immediate area and notify you or your representative. Although we do not anticipate this, Leighton's environmental staff can assist you should the need arise. • Available underground utility information will be provided to us prior to the field exploration. As required by the state of California, we will also notify Underground Service Alert of the locations of our planned explorations prior to drilling. We will also hire a private utility locator as part of our scope of work. We will take the precautions to avoid utilities; however, despite reasonable efforts, there are inherent risks to utility damage from drilling. We cannot assume responsibility for the inherent risks if the utilities are not accurately marked at the site. Our proposal does not include costs or other provisions for utility repairs. This proposal addresses only geotechnical design services, and does not include review of plans and specifications pertaining to the geotechnical aspects of this project, services during bidding to respond to contractor's questions pertaining to geotechnical aspects of this project, and geotechnical and materials testing during construction. Upon request, we can also prepare a proposal to provide these services. P-3 Leighton Consulting, InG. P601-01993 July 19,2012 (Revised July 23,2012) Table 1 — Fee Breakdown for Geotechnical Exploration Citywide Street Pavement Rehabilitation San 3uan Capistrano, California Task Quantity Rate Feel Research and Pre-Field Activities (Site Reconnaissance. Permit Application,Coordination) Sr. Staff Engineer 8 hours $125 $ 1,000 Project Manager 1 hours $260 $ 260 Subtotal: $ 1,260 Borin s Sr. Staff Engineer 18 hours $125 $ 2,250 Project Manager 1 hours $260 $ 260 Subtotal: $ 2,510 Geotechnical Analysis Sr. Staff Engineer 14 hours $140 $ 1,960 Project Manager 2 hours $260 $ 520 _ Subtotal: $ 2,480 Report Preparation Project Engineer 12 hours $160 $ 1,920 Project Manager 2 hours $260 $ 520 CAD Operator 4 hours $110 $ 440 Word Processing 5 hours $78 $ 390 _ Subtotal: $ 3,270 Promect Coordination and QA/QC Project Manager 4 hours $260 $ 1,040 Subtotal: $ 1,040 Reimbursable City Encroachment Permit No fee Drilling Equipment and Crew 15 hours $350 $ 6,300 Asphalt Patching 15 borings $24 $ 360 Traffic Control 2 days $1020 $ 2,040 Vehicle Usage 25 hours $15 $ 375 Laboratory Testing $ 5,030 Reproduction and Overnight Delivery $ 200 Subtotal: $14,305 TOTAL $ 24,865 qW Leighton 2011 PROFESSIONAL FEE SCHEDULE* PROFESSIONAL SERVICES Technical Staff Hourly Rate Special Inspection/Tech nician-Materials....................................................—......................................................$80 Special Inspection/Technician-Materials—Welding,Masonry&Fabrication............................................. 85 Special Inspection/Technician-Materials (Prevailing Wage)**....I................................... .. 95 Special Inspection/Technician-Materials—Welding,Masonry&Fabrication (Prevailing Wage).............100 Technician1.................................................................................................................................................................85 TechnicianII................................................................................................................................................................90 SeniorTechnician................................................................ ............ -...................................................95 Soil/Field Technician(Prevailing Wage)..................................................... ...................................................104 Remediation System Operation&Maintenance Specialist...............................................................................105 MaterialsInspection Manager................................................................................................................................110 Staff Engineer/Geologist/Scientist/Field Supervisor...........................................................................................125 Senior Staff Engineer/Geologist/Scientist----------------............—....................................................................-..---.-140 Project Engineer/Geologist/Scientist/Operations Manager...............................................................................160 Senior Project Engineer/Geologist/Scientist........................................................................................................180 Associate........................................:.........................................................................................................................200 Principal.....................................................................................................................................................................215 SeniorPrincipal.......................................................................................................I—..............................................260 Technical Support Staff Hourly Rate Project Administrator/Word Processor.................................................................................................................$78 InformationSpecialist..............................................................................................................................................105 CADOperator...........................................................................................................................................................110 GIS Specialist........................ ........................................125 Miscellaneous Hourly Rate Vehicleusage................................................................................................................:...........................................$15 * Effective through December 31,2011,afterwhich remaining workwill be billed atthen-current rates. **Subjectto change based upon project advertised date and changes in California prevailing wage rates. Prevailing wage rates presented in this fee schedule will increase by$5.00 per hour on July 1,2012 in conjunction with the scheduled increase in California Prevailing Wage law. Prevailing wage time accrued will include portal to portal travel time. 9060 302. 1-11 Leighton 17781 Cowan I Irvine,CA92614 p 1866-Leighton f 1949-250-1114 Leighton 2011 Fee Schedule FIELD EQUIPMENT LIST Task Equipment, Supplies and Materials Unit Rate 8200 Box of 10 soil drive-sample rings $25 per day 9511 Mileage(current published IRS rate) IRS rate/mile 9512 Service Vehicle Usage 150 per day 9516 Brass Sample Tubes 10 each 9594 Caution Tape(1000-footroll) 20 each 9575 Combination Lock or Padlock 11 each 9533 Consumables(gloves,rope,soap,tape,etc.) 35 perday 9564 Core Sample Boxes 11 each 9565 Cutoff Saws,reciprocating,electric(Saws-All) 75 perday 9566 D.C.Purging Pump,3 gpm 30 perday 9517 Disposable Bailers 12 each 9567 Dissolved Oxygen Meter 45 perday 9555 DOT 55-gallon Containment Drum with lid 65 each 9597 Double-Ring Infiltrometer(ASTM D 3385-09)equipment 350perday 9599 Electrical Res istivity Meter(Wenner array for in-situ measurementsfromthesurface 80 perday 9569 Four Gas Meter 110 per day 9537 Generator,portable gasoline fueled,3,500 watts 90 perday 9590 GPS Trimble Unit 75 perday 9531 Hand Auger 90 perday 9540 High-resolution Global Positioning System(GPS)unit(Trimble@) 80 perday 9538 In-Situ Level Troll 500(each) 90 perday 9539 In-Situ Troll 9500 Low Flow Water Sampling Equipment 150 per day 9543 Level B Protection(perperson) 400 per day 9544 Level C Protection(per person) 200 per day 9574 MagnahelicGauges,each 15 perday 9547 Nitrile Gloves 20 perpair 9535 Nuclear Moisture and DensityGauge(licensed,calibrated,swipe tested) 88 perday 9522 pH/Conductivity/Temperature Meter 55 perday 9562 Photo-Ionization Detector(PID) 110 perday 9557 Pump,Typhoon 2 or Stage 50 perday 9581 Slip/Threaded Cap,2-inch or 4-inch diameter,PVC Schedule 40 15 each 9593 Safety Fence(100-footroll) 50 perday 9525 Stainless Steel Bailer 40 perday 9526 Submersible Pump,10gpm,high powered Grunfos 2-inch with controller 160 per day 9527 Submersible Sump/TransferPump,10-25 gpm 50 perday 9595 Survey/Fence Stakes 5 each 9585 Tedlar®Bags 18 each 9586 Traffic Cones(525)/Barricades(single lane) 50 perday 9556 Tubing,clear vinyl 3/8-inch diameter .55¢perfoot 9528 Turbidity Meter 70 perday 9548 Tyvek® Suit(each) 18 each 9529 Vapor Sampling Box 45 perday 9588 Visqueen,6-m il,20 feet x1 00 feet roll,6-mil 75 perroll 9536 Water Level Indicator(electronicwell sounder)<300 feetdeep well 60 perday 9598 Water Level Indicator Dual Phase 80 perday 9601 Manometer(floor level measuring device using contained water) 80 perday 9602 Specialized Geotechnical Testing&Monitoring Equipment(site specific) Quote Upon Request 9600 SVE Thermal Oxidizer Quote Upon Request p 1866-Leighton f1 949-250-1114 page2l 8 9060 302. 1-11 Leighton Leighton Leighton 12011 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(Shelbytub e orre quires cutting) ASTM D2937 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 ofpointas non-plastic ASTM D 2488 11 8008 Particle Size: Sieve ONLY(I%-inch to#200) ASTM D 422 110 8023 Large Sieve(6-inch to #200) ASTM D 422/C136 175 8009 HydrometerONLY ASTM D 422 110 8010 Sieve+ Hydrometer(—<3-inch sieve) ASTM D 422 185 8011 Dispersive Characteristics of Clay Soil(Double Hydrometer) ASTM D4221 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 Shelbytube 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"orcaned 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-0.05in./min. ASTM D 3080 mod. 285 8073 Direct Shear(3points)Consolidated Drained-<0.05in./min. ASTM D3080 345 8074 Residual Shear(price per each additional pass after shear) EM 1110-2-1906-IXA 50 8075 Remolding or HandTrimmingofspecimens(3points) 90 8076 Oriented or Block Hand Trimming(per hour) 65/hour 8077 Daily equipment usage rate(after2 days) 35/day 8079 Single PointShear 105 8080 Torsional Shear S20 Compaction and Pavement Subgrade Tests Method Per Test 8094 Standard Proctor Compaction(Ma)am um Density),4 points ASTM D 698 8092 4 inch diametermold Methods A and B $182 8093 6 inch diameter mold Method C 215 Modified Proctor Compaction(Ma)amum Density),4 points ASTM D 1557-07 8100 4 inch diametermold Methods A and B 220 8101 6 inch diametermold Method C 245 8102 Check Point per point 65 p 1866-Leighton fj 949-250-1114 page3 18 9060 302- 1-11 Leighton Leighton Leighton 12011 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 CTM216: Caltrans wetdensitycompaction curve) 8103 Relative Density(0.1 cubicfoot 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—notincluded in above prices 8090 R-Value—Untreated CTM 301 310 8091 R-Value—Lime orcementtreated soils(:S7%additive) CTM 301 338 Triaxial Tests Method Per Test 8120 Unconfined Compression Strength of Cohesive Soil(with stress/strain plot) ASTM D 2166 $135 8121 Unconsolidated Undrained Triaxial Compression Teston Cohesive Soils ASTM D 2850 168 (USAGE Q test)(per confining stress) 8122 Consolidated Undrained Triaxial Compression TestforCohesive Soils(CU, ASTM D 4767 375 USACE R-bartest)with Back Pressure Saturation&Pore Water Pressure Measurement(perconfining stress) - Consolidated Drained Triaxial Compression Test(CD,USACE S test)with EM 1110-2-1906(X) Volume Change Measurement(Price per soil type below) 8123 • Sand or siltysand soils(per confining stress) 375 8124 • Silt or clayey sand soils(per confining stress) 500 8125 • Claysoils(perconfiningstress) 705 8117 . Three-stage TriaxialTests(sandorsiltysandsoils) 656 8118 . Three-stage Triaxial Tests(siltor clayey sand soils) 875 8119 . Three-stage Triaxial Tests(clay soils) 1,234 8169 Remolding ofTestSpecimens 65 Consolidation and Expansion/Swell Tests Method Per Test 8140 Consolidation (11 loads up to 16 ksf&unload to 025 with strain vs. ASTM D 2435 $195 load curve and one tim e-rate-of-consolidation curve) 8141 Each additional Time Curve 45 8142 Each additional load/unload w/o Time Reading 42 8143 Expansion Index(EI) ASTM D 4829-08 131 8145 Swell/Collapse Test—Method A (Up to 10 load/unloads woo 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 Permeabilityin Flexible-Wall Permeameterwith 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 forHorizontal K 58 8169 Remolding ofTestSpecimens 65 8174 Permeabilityof Granular Soils(Constant Head) ASTM D 2434 $135 Soil-Cement Method Per Test 8106 Moisture-Density Relations of Soil-Cem ent Mixtures ASTM D 558 $240 8107 Wet-Dry Durability of Soil-CementMixtures* ASTM D 559 1,205 8130 Compressive Strength of Molded Soil-CementCylinders*(percylinder) ASTM D1633 60 8161 Soil-CementRemolded Specimen*(for shear strength,consolidation,etc.) 236 *Compaction(ASTM D 558 maximum density)should also be performed—notincluded in above price 401 p J 866-Leighton f l 949-250-1114 page 4 18 9060 302- 1-11 Leighton Leighton Leighton 12011 Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES Task Technician Services 6236 In-situ surface Wenner soil resistance test (including equipment) Quote upon request,site specific 6237 Pull-out Test on Embedded Bolts,Anchors and Dowels(including equipment) Quote upon request,site specific 6238 Earth Anchor Hold Down Test(4 hour,full load application with 5 tests minimum) Quote upon request,site-specific 6239 Earth Anchor Hold Down Test (Prelude/shortterm with full load) Quote upon request,site-specific 6240 Coring concrete,masonryor asphaltin the field Quote upon request,site-specific 6241 Sawing concrete,masonryor asphaltin the field Quote upon request,site-specific 6242 Pick-up and Delivery—(weekdays,pertrip, <50 m ile radius from Leighton office) 80 6232 Coring and Siang(in house,at Leighton laboratories) 80 Task Concrete Strength Characteristics Method Per Test 7200 Concrete Cylinders(6-inch by 12-inch)-Compression ASTM C 39 $25 7201 Gunite/Shotcrete Cores(laboratorycoring and testing only) ASTM C42 60 7202 Lightweight Fill Concrete(3-inch by 6-inch) ASTM C 495 30 7203 Compression,Concrete or Masonry Cores(testing only)s6-inch diameter ASTM C42 40 7220 Trimming concrete cores(percore) 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 LaboratoryTrial 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 Cylindermolds,6-inch by 12-inch,2-inch by 4-inch when not used with testing 3 7214 Unit Weightof Hardened Lightweight 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 by6-inch cores ASTM C 469 350 7376 Flexural Strength of Concrete(simple beam w/center point loading)t CTM 523 65 Task Aggregate Properties Method Per Test 7240 Sieve Analysis of Fine and Coarse Aggregate ASTM C 136 $135 7241 Sieve Analysis-Finerthan#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 C88 225 7249 Soundness Sodium 650 7245 Organic lm purities ASTM C40 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 Durabilitylndex CTM 229 200 7248 Cleanness Value of Coarse Aggregate CTM 227 210 7250 Unit Weightof Aggregate CTM 212(modified 5/10) 50 p 1866-Leighton f1 949-250-1114 page5 18 9060 302- 1-11 Leighton Leighton Leighton 12011 Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued) 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 by6-inch) ASTM C 1019 25 7263 Concrete or Masonry Cores Compress ion,:_6-inch diameter(Testing Only) ASTM C42 40 7264 CMU Compression(3 required)to size 8-inch by 8-inch by 16-inch ASTM C 140 45 7265 CMU Compression(3 required)greaterthan 8-inch by8-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 C67 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-ShearTitle 24(Test Only) 70 7283 Specimen Prep(Sample byothers) 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 C67 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 C67 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 a)aal load ASTM A 370 $45 7311 Tensile Strength,100,000 to 200,000 pounds a)aal 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 Sam pies ASTM A 370 Quote 7315 Brinell&Rockwell Hardness Test ASTM A 370 55 7316 Chemical Analysis,Carbon and Low Alloy Steel Quote 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 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 Freproofing Method Per Test 7340 Unit Weight(Density) ASTM E 605-93 $60 6 p1866-Leighton f l 949-250-1114 page 6 18 9060 302- 1-11 Leighton Leighton Leighton 12011 Fee Schedule MATERIALS TESTING AND INSPECTION SCHEDULE OF SERVICES (Continued) Task Asphalt Concrete,Specimen Testing Method Per Test 7350 Extraction, Percent Asphaltand Gradation,Centrifuge ASTM D 2172/C 136 $195 7351 Extraction &PercentAsphalt(only), Centrifuge ASTM D 2172 155 7355 Extraction and Gradation Only, Centrifuge ASTM D 2172/C 136 175 7358 Extraction by ignition oven,percent asphalt and gradation CTM 382/CTM 202 200 7352 Bulk Specific Gravity—Molded Specimen or Cores ASTM D 1188 55 7353 Maximum Density-Hveem CTM 308 125 7359 Theoretical Maximum Densityand Specific Gravity of HMA ("Rice") CTM 309(10/2010) 130 7354 StabilometerValue CTM 366 265 7357 Bituminous Mixture Preparation CTM 304 80 7377 Moisture Content ofAsphaltt 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—Hwem Including Aggregate Tests per Design ASTM D 1560/CTM 366 Quote 7361 Mix Design—Mars hall 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 laborto perform test) ASTM E1907 $60 Task Other Services Method Rate 6260 Non-DestructiveTesting(NDT) ANSI $92 hour 6259 Radiographic Testing Quote 6270 Project Closeout 215/hour T soil t material m soil&materials 401 p 1866-Leighton f 1949-250-1114 page7 1 8 4 9060 302. 1-11 Leighton Leighton Leighton 12011 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* ........I....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 tum-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 1866-Leighton f 1949-250-1114 page 8 18 9060 302. 1-11 Leighton Leighton �tw* 32400 PASEO ADELANTO r; MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 ' SAMALLEVATO (949)493-1171 IRE4APDIA[ED LAURA FREESE (949)493-1053 FAx ESTRILISHED I96I LARRY KRAMER www.sanjuancapistrano.org 1776 DEREK REEVE • JOHN TAYLOR TRANSMITTAL TO: Leighton Consulting, Inc. Attn: Roderick Marcia, P.E. 17781 Cowan, Suite 100 Irvine, CA 92614 DATE: August 20, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreement— Pavement Study for Rehabilitation of Citywide Streets Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreements. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Nisha Patel, Associate Engineer at (949) 443-6350. Enclosed is an original agreement for your records. Cc: Nisha Patel, Associate Engineer Lindsey Mannan, Administrative Coordinator San Juan Capistrano: Preserving the Past to Enhance the Future C, Printed on 100%recycled paper Christy JAI From: Christy JAI Sent: Monday, August 20, 2012 11:44 AM To: Nisha Patel Cc: Lindsey Mannan Subject: Leighton Consulting PSA Attachments: 2012 Lieghton Consulting.pdf Hello, For your records, attached is the executed PSA with Leighton Consulting. Thanks! Christi JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax 1