HomeMy WebLinkAbout07 - Geotechnical and Material Testing ServicesPaR m CITY OF
�\`S NEWPORT BEACH
cy<`o-P
City Council Staff Report
July 10, 2018
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer, atran newportbeachca.gov
PHONE: 949-644-3315
TITLE: Geotechnical and Material Testing Services — Approval of On-call
Professional Services Agreements
ABSTRACT:
The majority of the City's capital improvement projects require geotechnical and material
testing services to evaluate and support design options and confirm conformance to
project specifications during construction. Staff recently issued a Request of Proposal for
these professional services and is requesting City Council's approval to enter into four
separate on-call Professional Services Agreements with GMU Geotechnical, Group
Delta, Geocon West, and American Geotechnical.
RECOMMENDATIONS:
a) Determine that this action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve four separate on-call Professional Services Agreements with GMU
Geotechnical, Group Delta, Geocon West, and American Geotechnical for
geotechnical and material testing services at a not -to -exceed amount of $300,000 per
agreement, and authorize the Mayor and City Clerk to execute the agreements.
FUNDING REQUIREMENTS:
Funding for these services will be paid from individual capital improvement project
budgets at the time of project implementation.
DISCUSSION:
The City's Capital Improvement Program involves a wide range of infrastructure
improvement projects. Most of these projects require geotechnical and material testing
services such as soil and material observation and testing, trench backfill and compaction
testing, geotechnical recommendations, pipe welding and structural inspections. These
services require personnel with specialized training, certifications, and licenses.
7-1
On-call Geotechnical Services — Approval of Professional Services Agreement
July 10, 2018
Page 2
In addition, soil and material testing is performed in certified laboratories. The City does
not have the resources to perform these services in-house and currently has three similar
on-call agreements that are nearing their contract limits. Therefore, and in order to
support the City's Capital Improvement and Maintenance programs, staff is requesting
approval of four separate on-call Professional Services Agreements with GMU
Geotechnical, Group Delta, Geocon West, and American Geotechnical for geotechnical
and material testing services at a not -to -exceed amount of $300,000 per agreement. The
term for each of these agreements is three years and are set to expire on June 30, 2021.
The City currently has three similar on-call agreements with three separate geotechnical
firms. These current agreements were approved in 2016 for 3 -year term and are set to
expire in 2019. Although there is approximately one year remaining on the term of these
existing agreements, staff has already expended most of the not -to -exceed limit for each
of these agreements due to the large volume of projects that require geotechnical and
material testing services. In order to continue with geotechnical support for our Capital
Improvement Program, staff is recommending approval of the four new separate
Professional Services Agreements, while the existing agreement be financially termed
out.
In April 2018, staff requested proposals to provide geotechnical and material testing
services. We received 17 proposals from the following firms:
Firm Name
Total Score
Rank
GMU Geotechnical
284
1
Group Delta
277
2
Geocon West
272
3
American Geotechnical
270
4
Harrington Geotechnical Engineering
251
5
Leighton Consulting
250
6
Willdan Geotechnical
249
7
United -Heider Inspection Group
246
8
Twining Consulting
244
9
MTGL
243
10
Ninyo & Moore
239
11
RMA Group
237
12
Smith -Emery Laboratories
231
13
Hamilton & Associates
229
14
California Testing & Inspections
228
15
Koury Engineering & Testing
225
16
The City's proposal review team consisted of three staff members from the Public Works
Department. Using the required qualification -based selection process, the proposals
were evaluated by the review team independently. Proposal evaluations were based on
the consultant's understanding of the scope of work, experience, qualifications, and
availability of staff. While most of the firms appear to meet the minimum qualifications as
required by the request for proposal, the top four consultants were selected by the review
team as the most qualified and responsive firms. All four of these firms have successfully
completed similar services for other local agencies and their rates are competitive. As
discussed above, GMU Geotechnical and Geocon West are currently performing these
services for the City and have had high marks for their current efforts.
7-2
On-call Geotechnical Services — Approval of Professional Services Agreement
July 10, 2018
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Draft Professional Services Agreement with GMU Geotechnical
Attachment B — Draft Professional Services Agreement with Group Delta
Attachment C — Draft Professional Services Agreement with Geocon West
Attachment D — Draft Professional Services Agreement with American Geotechnical
7-3
ATTACHMENT A
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH GMU GEOTECHNICAL, INC. FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 10th day of July, 2018 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and GMU GEOTECHNICAL, INC., a California corporation ("Consultant'), whose
address is 24231 Arroyo Vista, Rancho Santa Margarita, CA 92688, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to Provide geotechnical and material testing
services on an on-call or as -needed basis ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
7-4
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Three Hundred Thousand Dollars and 001100 ($300,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
GMU Geotechnical, Inc. Page 2
7-5
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Gregory P. Silver to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
GMU Geotechnical, Inc. Page 3 7-6
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
GMU Geotechnical, Inc. Page 4 7.7
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
GMU Geotechnical, Inc. Page 5 7.8
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
GMU Geotechnical, Inc. Page 6 7.9
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
GMU Geotechnical, Inc. Page 7 7-10
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
GMU Geotechnical, Inc. Page 8 7-11
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at.-
Attn:
t:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Gregory P. Silver
GMU Geotechnical, Inc.
24231 Arroyo Vista
Rancho Santa Margarita, CA 92688
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
GMU Geotechnical, Inc. Page 9 7.12
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
28.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
GMU Geotechnical, Inc. Page 10 7-13
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
GMU Geotechnical, Inc. Page 11 7-14
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
GMU Geotechnical, Inc. Page 12 7-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Ty�IE Zb, 2ote
�. BAy:
G _ Aaron C arp
City Att6rxky c�m�
ATTEST:
Date:
:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: GMU Geotechnical, Inc.,
a California corporation
Date:
By:
Gregory P. Silver
CEO/President
Date:
in
Aron R. Taylor
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
GMU Geotechnical, Inc. Page 13 7-16
EXHIBIT A
SCOPE OF SERVICES
GMU Geotechnical, Inc. Page A-1 7-17
EXHIBIT A
SCOPE OF WORK
ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES
The following scope of work includes, but is not necessarily limited to the services listed
herein.-
Conduct
erein:
Conduct geotechnical observation, field and lab testing for various types of projects
including but not limited to, above and below ground structures, earthwork and
grading, slope stability analysis, gravity and pressure pipelines, and roadway
construction;
• Observe and test trench backfill, street subgrade, base material, asphalt concrete
(AC), Portland Cement Concrete (PCC) and any other material;
• Perform compaction testing of various materials, laboratory testing related to all
aspects of geotechnical engineering;
• Perform wet track abrasion testing for slurry seals;
• Prepare geotechnical engineering reports with recommendations such as
pavement design and compaction reports, subgrade treatment, and various
geotechnical engineering studies;
• Attend field meetings and other geotechnical support services as requested;
• Perform field investigation such as pavement coring and boring; and
• Collaborate and work with City staff on various projects as assigned.
In addition to the services above, Consultant may also provide any other services the
Consultant is capable of providing as they relate to the scope of work.
7-18
EXHIBIT B
SCHEDULE OF BILLING RATES
GMU Geotechnical, Inc. Page B-1 7-19
r GVFU
GEOTECHNICAL, INC.
CITY OF NEWPORT BEACH
SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
Staff Engineer or Geologist
$ 130.00/hour
Senior Staff Engineer or Geologist
$ 170.00/hour
Project Engineer or Geologist
$ 195.00/hour
Associate Engineer or Geologist
$ 230.00/hour
Principal/Director
$ 260.00/hour
Deposition/Testimony
$ 550.00/hour
CAD, GIS, and Geo -BIM Design $ 1 15.00/hour
Document Preparation and Project Services $ 90.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Soils Engineering Technician (Non -Prevailing Wage) $ 97.00/hour*
Staff Soils Engineering Technician (Prevailing Wage) $ 107.00/hour*
• Services provided under direct supervision of a Senior Soils Engineering Technician
Senior Soils Engineering Technician (Non -Prevailing Wage) $ 1 15.00/bour*
Senior Soils Engineering Technician (Prevailing Wage) $ 125.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special .Inspector (Non -Prevailing Wage) $ 1 15.00/hour*
Registered Special Inspector (Prevailing Wage) $ 125.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
*Notes:
> No 4 -hour minimum charges apply.
> Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project
in excess of 8 hours per day and all time on Saturdays, Sundays. and holidays.
LABORATORY TESTING SERVICES
Laboratory Testing $ 1 15.00/hour
(For materials testing and laboratory costs on a per -test basis, see GMU's Laboratory Fee
Schedule)
OTHER CHARGES
Outside Services
Reimbursables & Reprographics
Cost + I5%
Cost
7-20
GMU
GEOTECHNICAL. INC.
Soil and aggregate Tests
Caltrans
ASTM
AASHTO
Identification and Index Properties
Rate (each)
226
D2216
1'265
Moisture Content of Soil or Rock................................................................................
$12
-
D2937
Moisture Content and Density (6 inch tube or rings) ..................................................
$30
-
D2937
Moisture Content & Density (Shelby tube or requires cutting) ..................................
$55
204
D4318
189, 1'90
Atterberg Limits.........................................................................................................
$230
204
D4318
T89, T90
Atterberg Limits (Wet Preparation).............................................................................
$316
214
114318
T89j'90
Single Point/Non-plastic..............................................................................................
$115
227
-
-
'rest for Evaluating Cleanness of Coarse Aggregates .................................................
$230
229
D3744
-
Aggregate Durability Index.........................................................................................
$287
202
0136
-1"27
Particle Size Analysis - Full Sieve (3/4 -inch to minus No 200).. .. ... .. .. _
$230
203
D422
1'88
- Itvdrometeronly
$150
203
D422
-1'88
- Sieve & Hydrometer
$345
202
D1140
TI I
- No. 200 wash only
$175
209
D854
TIM
Specific Gravity of Soil ...................................... ...............
..........................................
$230
207
0128
TM
Fine Aggregates Specific Gravity and Absorption......................................................
$230
1_06
0127
T85
Coarse Aggregates Specific Gravity and :absorption ..................................................
$145
01252
T304
Uncompacted Void Content of Fine Aggregates.........................................................
$115
205
D5821
Determining the percentage of Fractured Particles in Coarse .....................................
$230
0131
Abrasion Test By Los Angeles Machine.....................................................................
$345
-
D4791
Flat and Elongated Particles........................................................................................
$175
217
D2419
1'176
Sand F.yuivalent..........................................................................................................
$115
-
D5298
Evaluation of Soil Suction Using Filter Paper............................................................
$100
Caltrans
ASTM
AASIITO
Soil Chemistry
Rate (each)
643
PH................................................................................................................................
$40
643
Minimum Resistivity (minimum of point,0..............................................................
$90
417
Sulfate Content -Turbadimetric .. . .. ................. ................................... ..
$90
422
Chloride Content.........................................................................................................
$75
see above
-
-
Corrosion Suite (pH, Resistivity, Chloride, Sulfate) ...................................................
$290
Caltrans
ASTM
AASHTO
Shear Strength
Rate (each)
D3080
7236
Direct Shear (3 points).................................................................................................
5290
D3080
'1'236
Residual Shear (price per pass after shear)..................................................................
5435
Remolding or hand trimming of specimens (per point) ...............................................
$30
D2166
'1'208
Unconfined Compression (3 Samples)........................................................................
$520
Caltrans
ASPM
AASHTO
Compaction and Maximum Density
Rate (each)
301
D2844
'1"190
R -Value ...................................................... .......................
...........................................
$345
301
D2844
1'190
R -Value with Oversize Correction .................................................... ..........................
$400
-
D698
Maximum Density and Optimum Moisture, standard effort .......................................
$280
D1557
T180
Maximum Density and Optimum Moisture, modified eflirrt......................................
$300
216
-
-
Maximum Density and Optimum Moisture .................................................................
$230
D1557
'rlgo
Check Point.................................................................................................................
$100
114718
x224
Correction of Soils with Oversize Particles.................................................................
$50
DI633
Compressive Strength of Molded Soil -Cement Cylinders. Break ...............................
$30
Break+ Capping..........................................................................................................
$60
D559
Wetting and Drying Compacted Soil -Cement Mixtures. 2 Samples
12 Cycles 48 Hours per Cycle.....................................................................................
$865
373
Unconfined Compressive Strength of lime Treated Soils and Aggregates ................
$465
-
Compaction of 4 Samples per each %of lime.............................................................
$375
BreakSample...............................................................................................................
$29
Break Sample + Capping ......................................................
D558
H 34
Samples with additives added (cement, lime. emulsion) ............................................
Rate - $50
Caltrans
ASTM
AASIITO
Consolidation and Swell
Rate (each)
D2435
T216
Consolidation ....................................
$280
(8 loading incr. w/ water up to IOksf & unloading with Strain vs P curve)
D2435
1,216
-rime Reading and Curve per increment......................................................................
$100
D3829
Expansion Indexol'Soils.............................................................................................
$230
114546
Swell/Collapse Test - Method A................................................................................
$315
Up to 10 loading/unloading saturation increments w/o time curves
D1546
Single Load Swell/Collapse 'rest - Method B.............................................................
$280
D4546
Swell/Collapse Test - Method C ........_-_ ... -....................... ..................... ..................
$400
1)5333
Collapse Potential for Soils .................................
$27..
Caltrans
ASPM
AASIITO
Hydraulic Tests
Rate (each)
220
D2434
7215
Permeability of Granular Soils (remolded constant head) ...........................................
$385
7-21
CWPavement Laboratory, Tests
Caltrans
ASTM
AASHTO
Pavement Laboratory Tests
Ratc (each)
382
D6307
'1'308
Percent Asphalt Binder Content (Igniton Oven)..........................................................
$175
382
D2172
-
Percent Asphalt Binder Content (Chemical)................................................................
$300
202
/6307/5444
1'27/30
Percent Asphalt Binder Content and Gradation (Ignition Oven) .................................
$250
202
D2172/5444
1'27/30
Percent Asphalt Binder Content and Gradation (Chemical) ........................................
$375
308C
D2726
1'166
Bulk Specific Gravity of Cored or Lab Prepared Specimens (SSD) ............................
$60
308A
D1188
1275
Bulk Specific Gravity of Cored or lab Prepared Specimens (wax) .............................
$80
370
D1461
T329
Mix Moisture Content..................................................................................................
$85
304/366
/)1560/1561
T246/247
Flvecm Stability (S-Value)...........................................................................................
$230
304, 308A
D1560
T246
Hveem Maximum Density (3 replicates)......................................................................
$230
D6926
-
Marshall Maximum Density (4 inches, 3 replicates, SSD) ..........................................
$215
-
D5581
-
Marshall Maximum Density (6 inches, 3 replicates, SSD) ..........................................
$260
D6925
1312
Superpave Gyratory Compacted Specimen (4 inches, I replicate, SSD) .....................
$115
-
D6925
T312
Superpave Gyratory Compacted Specimen (6 inches, I replicate. SSD) .....................
$140
309
D2041
'1'209
theoretical Maximum Specific Gravity (rice).............................................................
$230
I.P-9
D2172
-
Reclaimed Asphalt Pavement Evaluation (chemical and ignition, 3 replicates)..........
$1,275
382
D6307
'1'308
Asphalt Binder Content Correction Factor (2 replicates, includes mixing) .................
$375
-
D3910
-
Wet Track Abrasion Test for Slurry Seals...................................................................
$190
-
D244
Emsulion and Residual Asphalt Binder Content..........................................................
$200
-
-
7324
Hamburg Wheel Track (4 replicates. 2 tracks, up to 25,000 passes) ...........................
$1.600
371
D4867
'1'283
Resistance of Compacted Bituminous Mixture to Moisture Induced Damage ...........
$1,300
371
D4867
T283
Each additional freeze -thaw cycle.........................................................................
$200
371
1)4867
'1'283
Additional 20%if mixing is required...........................................................................
$230
Caltrans
ASM
AASlITO
Pavement Mix Designs (excludes RAP or agg. quality testing)
Rate (each)
367
MS -2
Hveem Asphalt Mix Design........................................................................................
$3,900
-
MS -2
Marshall Asphalt Mix Design.................................................................................
$3,800
-
SP -2
Superpave Asphalt Mix Design...................................................................................
$5,200
367
MS-2/SP-2
Mix designs with asphalt rubber binder.......................................................................
$6.000
367
MS-2/SP-2
Mix designs with warm -mix asphalt technology or other additives .............................
$6.500
LP -8
CT LP -8
Cold Recycled AC Mix Design (includes crushing of AC cores) .........................
$7,200
-
PCA
Soil -Cement Mix Design (with subgrade, agg base, AC, or combination) ..................
$3,500
NLA
Soil -Lime Mix Design (with subgrade, agg base. or combination) ..............................
$3.500
Caltrans
ASfyt
AASCITO
Aggregate Quality 'Pests
Rate (each)
202
C136
T27
Sieve Analysis - Combined Sample (w/ wash)............................................................
$230
202
0136
T27
Sieve Analysis - Fine Aggregates................................................................................
$195
202
0136
T27
Sieve Analysis - Coarse Aggregrates...........................................................................
$160
205
D5821
'I'll 61
Crushed Panicle Percentage (Coarse Aggregate Angularity) ......................................
S195
206
C 127
'185
Coarse Aggregate Specific Gravity and Absorption....................................................
$18(1
207
C128
'1'84
Fine Aggregate Specific Gravity and Absorption........................................................
$165
211
0131
T96
Los Angeles Rattler (Abrasion)....................................................................................
$250
214
C88
T104
Soundness by Sodium Sulfate......................................................................................
$550
217
D2419
T176
Sand Equivalent (3 replicates)......................................................................................
$115
227
C 142
TI 12
Cleanness Value of Coarse Aggregate.........................................................................
$250
229
D3744
T240
Durability Index...........................................................................................................
$240
234
01252
'1'304
Fine Aggregate Angularity (Uncompacted Void Content) ...........................................
$195
235
D4791
-
Flat and Elongated Panicles of Coarse Aggregates.....................................................
$250
301
D2844
1,190
Resistance Value(R-Value).........................................................................................
S345
7-22
GNU
GEOTECHNICAL, INC.
SPECIAL INSPECTION LABORATORY SERVICES
CONCRETE
Concrete Ag-gregate
Sieve Analysis:
Washed: ASTM C 117, ASTM C 136; CTM 202................................................................ $175.00
Sieve Analysis Passing #200 Sieve only: ASTM C 117; CTM 202 ..................................... $230.00
Specific Gravity
Coarse Aggregate- (Retained on #4) ASTM C 127; CTM 206 ...........................................
$145.00
Fine Aggregate- (passing #4) ASTM D 854; CTM 207 .......................................................
$230.00
Sand Equivalent: ASTM D 2419; DOT CA Test 217.........................................................................
$115.00
Soundness, Sodium Sulfate (5 cycles): ASTM C 88 (includes tank setup) ......................................
$550.00
Durability Index: ASTM D 3744; CTM 229
Coarse................................................................................................................................
$240.00
Fine....................................................................................................................................
$240.00
Cleanness Value of Coarse Aggregate: DOT CA Test 227..............................................................
$170.00
Clay Lumps and Friable Particles in Aggregate: ASTM C 142 .........................................................
$115.00
Organic Impurities in Fine Aggregate: ASTM C 40; CTM 213............................................................
$62.00
Crushed Particles (each size): CTM 205..........................................................................................
$115.00
Flat and Elongated Particles in Aggregate: ASTM D 4791; AASHTO M283 .....................................
$97.00
Potential Reactivity of Aggregate by Chemical Method: ASTM C 289 ..........................................
Per Quote
Relative Mortar Strength of PCC Sand: CTM 515............................................................................
$520.00
Petrographic Examination of Aggregate: ASTM C 295; CTM 215 .................................................
Per Quote
Unit Weight of Aggregate: ASTM C 29; CTM 212............................................................................
$110.00
Special Sample Preparation.......................................................................................................
$95.00/hour
7-23
GNU
GEOTECHNICAL. INC.
SPECIAL INSPECTION LABORATORY SERVICES
(continued)
CONCRETE
Cylinders. Beams. and Cores
Compression Test of Cast Cylinders (all sizes): ASTM C 39.............................................................. $30.00
Compression Test of Cored Samples: ASTM C 42............................................................................
$65.00
Compression Test of Cored Gunite Samples...................................................................................
$102.00
Compression of Lightweight Concrete: ASTM C 495.........................................................................
$53.00
Compressive Strength (2" cube): ASTM C 109..................................................................................
$30.00
Flexural Strength, Simple Beam with Third Point Loading: ASTM C 78 .............................................
$97.00
Splitting Tensile of Cast Cylinders: ASTM C 496...............................................................................
$97.00
Density of Hardened Concrete: ASTM C 642...................................................................................
$196.00
Unit Weight of Lightweight Concrete: ASTM C 567............................................................................
$97.00
Proportion of Cement, Sand, & Aggregate in hardened concrete: ASTM C 85 .............................
Per Quote
Concrete Slab Moisture Transmission Kit...................................................................................$30.00
each
Modulus of Elasticity: ASTM 495...................................................................................................... $275.00
Flexure Toughness of Fiber Reinforced Concrete: ASTM 1018 ....................................................... $313.00
Special Sample Preparation....................................................................................................... $95.00/hour
Cement
Alkali Test: ASTM C 104; CTM 404............................................................................................... Per Quote
Physical Tests: ASTM C 150......................................................................................................... Per Quote
Chemical Analysis: ASTM C 190; CTM 404.................................................................................. Per Quote
Length Change
Length Change of Concrete:
(3 bars, 7 days submerged, 28 days air dry): ASTM C 157 ............................................ $346.00
7-24
GIWU
GEOTECHNICAL INC.
SPECIAL INSPECTION LABORATORY SERVICES
(continued)
MASONRY
Concrete Block
Compression Test on Masonry Cores: ASTM C 140.......................................................................... $51.00
Absorption (set of 3): ASTM C 140................................................................................................... $111.00
Moisture Content as received (set of 3): ASTM C 140....................................................................... $75.00
Shrinkage (set of 3): ASTM C 426.................................................................................................... $185.00
Masonry: Unit Moisture/Unit Weight/Compressive Strength Test (set of 3) ...................................... $451.00
Specific Gravity and Unit Weight (set of 3): ASTM C 140................................................................... $96.00
Shear Test on Masonry Cores (2 faces)............................................................................................. $80.00
TensionTest.................................................................................................................................... $155.00
Mortar and Grout
Compression, 2" x 4" Mortar Cylinders: UBC Std. 24-22, ASTM C 109, each .................................... $30.00
Compression, 3" x 3" x 6" Grout Prisms: UBC Std. 24-22, ASTM C 942, each .................................. $30.00
Compression, 2" Cubes (set of 3)....................................................................................................... $96.00
Special Sample Preparation....................................................................................................... $95.00mour
Masonry Prisms
Compression Test, Grouted Prisms (includes cutting): ASTM E 447; UBC 24-26 ............................ $100.00
Handling charge for samples not tested or prepared.......................................................................... $28.00
Monthly charge for samples held after 28 days.................................................................................. $28.00
Brick/Pavina Units
Absorption and Saturation Coefficient: ASTM C 67/ASTM C 936 ...................................................... $50.00
Compression Test: ASTM C 67/ASTM C 936..................................................................................... $50.00
Modulus of Rupture: ASTM C 67........................................................................................................ $50.00
Efflorescence (Set of 5).................................................................................................................... $174.00
7-25
i
GNU
--
GEOTECHNICAL. INC.
SPECIAL INSPECTION LABORATORY SERVICES
(continued)
STEEL
Reinforcing Bar Tests
Tensile and Bend Tests, #2 through #9: ASTM A 615..............................................................$75.00
Tensile and Bend Tests, #10 through #18: ASTM A 615.........................................................$100.00
Unit Weight of Coating (Galvanized).....................................................................................$99.00
Structural Steel
Tensile and Bend Test (sample preparation not included) ..................................................$107.00
Machining Charges, per sample.............................................................................. Cost plus 20%
Unit Weight of Galvanized Coating.....................................................................................$100.00
Pipe
Tensile Test (sample preparation not included)...................................................................$52.00
Flattening Test (sample preparation not included)...............................................................$38.00
Hiah Strenath Bolts
Bolt; Ultimate Load.......................................................................................................... Per Quote
Bolt; Rockwell Hardness side or to .................. Per Quote
Nut; Rockwell Hardness (top or bottom face).................................................................. Per Quote
Washer; Rockwell Hardness........................................................................................... Per Quote
Washer (noncarburized); Rockwell Hardness................................................................. Per Quote
Proof Loading, Bolt or Nut...................................................................................................$133.00
7-26
A"
Gw
GEOTECHNICAL. INC.
SPECIAL INSPECTION LABORATORY SERVICES
(continued )
STEEL
Welded Specimen Tests
Face Bend (preparation not included) .........................................
Root Bend (preparation not included) .........................................
Side Bend (preparation not included) ..........................................
Sample Preparation....................................................................
MachiningCharge.......................................................................
Non -Destructive Testing
$50.00
...................................... $50.00
...................................... $50.00
......I ...................... $95.00/hour
......................... Cost plus 20%
NDT Technician...................................................................................................$85.00
Radiographic (X Ray, Gamma Ray).........................................................................$85.00
Prestressinq Wires and Tendons, ASTM A416
Stress —Strain Analysis: Wire or Stands (Including Chart and Percent Offset).................$189.00
Tensile Test Only................................................................................................$135.00
Tendons......................................................................................................... Quotation
7-27
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
GMU Geotechnical, Inc. Page C-1 7-28
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
GMU Geotechnical, Inc. Page C-2 7-29
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
GMU Geotechnical, Inc. Page C-3 7-30
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
GMU Geotechnical, Inc. Page C-4 7-31
ATTACHMENT B
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH GROUP DELTA CONSULTANTS, INC. FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 10th day of July, 2018 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and GROUP DELTA CONSULTANTS, INC., a California corporation
("Consultant"), whose address is 32 Mauchly, Suite B, Irvine, CA 92618, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide geotechnical and material testing
services on an on-call or as -needed basis ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
7-32
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Three Hundred Thousand Dollars and 001100 ($300,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
Group Delta Consultants, Inc. Page 2
7-33
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jim Cunneen to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
Group Delta Consultants, Inc. Page 3
7-34
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
Group Delta Consultants, Inc. Page 4
7-35
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
iiFd0 0 FaZ610N4:'1
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement orfor other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
Group Delta Consultants, Inc. Page 5
7-36
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner orjoint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
Group Delta Consultants, Inc. Page 6
7-37
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
Group Delta Consultants, Inc. Page 7
7-38
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
Group Delta Consultants, Inc. Page 8
7-39
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jim Cunneen
Group Delta Consultants, Inc.
32 Mauchly, Suite B
Irvine, CA 92618
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Group Delta Consultants, Inc. Page 9
7-40
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
28.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
Group Delta Consultants, Inc. Page 10
7-41
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Group Delta Consultants, Inc. Page 11
7-42
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing parry shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Group Delta Consultants, Inc. Page 12
7-43
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: J�A11< 25 2�
"f +By
�7aav
Aaron C. a p
City Atto &W -
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date -
By:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Group Delta Consultants,
Inc., a California corporation
Date:
By:
Leilani I. Brown Michael Reader
City Clerk Chief Executive Officer
Date:
By:
Shah Ghanbari
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Group Delta Consultants, Inc. Page 13
7-44
EXHIBIT A
SCOPE OF SERVICES
Group Delta Consultants, Inc. Page A-1 7-45
EXHIBIT A
SCOPE OF WORK
ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES
The following scope of work includes, but is not necessarily limited to the services listed
herein:
• Conduct geotechnical observation, field and lab testing for various types of projects
including but not limited to, above and below ground structures, earthwork and
grading, slope stability analysis, gravity and pressure pipelines, and roadway
construction,
• Observe and test trench backfill, street subgrade, base material, asphalt concrete
(AC), Portland Cement Concrete (PCC) and any other material;
• Perform compaction testing of various materials, laboratory testing related to all
aspects of geotechnical engineering,-
0
ngineering;
• Perform wet track abrasion testing for slurry seals;
• Prepare geotechnical engineering reports with recommendations such as
pavement design and compaction reports, subgrade treatment, and various
geotechnical engineering studies;
• Attend field meetings and other geotechnical support services as requested,
• Perform field investigation such as pavement coring and boring; and
• Collaborate and work with City staff on various projects as assigned.
In addition to the services above, Consultant may also provide any other services the
Consultant is capable of providing as they relate to the scope of work.
7-46
EXHIBIT B
SCHEDULE OF BILLING RATES
Group Delta Consultants, Inc. Page B-1 7-47
�'
GROUP DELTA
Group Delta Consultants, Inc.
Prevailing Wage Schedule of Fees
HOURLY CHARGES FOR PERSONNEL
PROFESSIONAL SERVICES
SeniorPrincipal...........................................................................................................................$295
Principal_ ................................................................... ....... .......................................................
S245
Associate.....................................................................................................................................$210
Senior..........................................................................................................................................$195
Project.........................................................................................................................................$175
SeniorStaff..................................................................................................................................5160
Staff.............................................................................................................................................$145
Designer/ Illustrator/AutoCAD..................................................................................................$100
Technical/Project Support / Admin...............................................................................................$80
TESTING & INSPECTION SERVICES
LaboratoryTechnician...................................................................................................................$90
ConcreteInspector......................................................................................................................$120
ShotcreteInspector....................................................................................................................$120
PTStrand Inspector.....................................................................................................................$120
Masonry Inspector$120
Drilledin Anchor Inspector.........................................................................................................$120
AWS/CWI QC -1... ................................................................................ ...................
.................... $130
Structural Steel Welding & Bolting Inspector.............................................................................$120
Structural Steel Shop Inspector..................................................................................................$120
FireproofingInspector ................ .... .... .... .................................................................
I.................. $120
WoodFrame/Shear Inspector.. .... .................................. i ...........................................................
$120
SoilsTechnician...........................................................................................................................$120
AsphaltTechnician......................................................................................................................$120
Concrete Sampling Technician....................................................................................................$120
Batch Plant Technician/Inspector...............................................................................................$120
SPECIALTY TESTING SERVICES (rates include equipment charges)
Tile/Brick Shear Testing, Two Man Crew....................................................................................$350
Tile/Substrate Pull Testing, Two Man Crew................................................................................$250
Coring..........................................................................................................................................$290
UT/MT Non -Destructive Testing (Level II ) ...................................................................................$120
Fireproofing Adhesion Testing....................................................................................................$120
PachometerSurvey....................................................................................................................$195
Torque/Pull Testing of Anchors & Bolts......................................................................................$120
Rebar/Strand Tag & Sample........................................................................................................$120
UtilityPotholing.......................................................................................................................Quote
Moisture Emission Testing..........................................................................................................$120
SamplePickup (hr.) ....................................................................................................................
$55
BASIS OF CHARGES
Minimum Charges (Field Services)
2 -Hour Minimum: ........... ......................................... ....... ...... ... Show -Up Cancellation, no work performed
4 -Hour Minimum: .......................... ................................................................... ................ 1-4 hours of work performed
8 -Hour Minimum: .................. __ ............................................. .......... ....... .......... over 4 hours of work performed
page 1
7-48
Group Delta Consultants, Inc.
Schedule of Fees
Regular Time
The first 8 hours worked Monday through Friday between 5:00 am and 5:00 pm
In the event that project related equipment is required to be transported to and from the project site, other than
hand tools, the time required to do so shall be considered hours worked and will be billed as such.
Premium Charges
Shift Differential, shifts starting after 5:00 pm or before 5:00 am (requires 48 hr. notice): ............... $21Hr. Additional
Over 8 hrs. on weekdays, up to 8 hrs. on Saturdays: .......................................................................... 1.5 x Hourly Rate
Over 12 hrs. on weekdays, over 8 hrs. on Saturdays, Sunday, Holiday: .............................................. 2.0 x Hourly Rate
Pickups
Sample pickups occurring after hours or on weekends to comply with ASTM standards (required to be transported
to the final curing location within 48 hours of casting) may be subject to premium charges (overtime).
Rush Charges For Laboratory Services
Expedited turnaround is available for some tests at the following premiums above list price.
Same day service................................................................................................................. 100% based on availability
1 day turnaround............................................................................................................... .........80%
.............................
2 day turnaround.....................................................................................................................................................60%
3 day turnaround.....................................................................................................................................................40%
4 day turnaround.....................................................................................................................................................25%
Travel for Remote Projects
Travel time will be charged at the relevant base hourly rate.
Charges for Subcontracted Services
Outside Services/Sub consultants/Subcontractors: ................................................................................. Cost Plus 15%
Reimbursable Expenses
Parking, air fare, car rental, food and lodging, etc.: ................................................................................. Cost Plus 15%
Mileage
Mileage: .......................................................................................................................................... per current IRS rate
Equipment/Supply Charges
RefractionSeismograph............................................................................................................................... $2,500/day
InclinometerMonitor............................................................................................................................................Quote
HazardousGas Safety Monitor............................................................................................................................$25/hr.
Pneumatic Piezometer/Settlement Monitor.........................................................................................................Quote
Photo Ionization Detector............................................................................... ......$35/hr.
..............................................
MilThickness Gauge............................................................................................................................................$20/hr.
NuclearDensity Gauge..........................................................................................................................................$8/hr.
Skidmore.......................................................................................................................................................... $150/day
Moisture Vapor Emission Test Kit...................................................................................................................... $6S/ea.
GROUP 00 -TA
Page 2
7-49
Group Delta Consultants, Inc.
Schedule of Fees
LABORATORY TESTING
(unit cost)
SOIL AND ROCK TESTS SOIL AND ROCK TESTS
CLASSIFICATION AND INDEX TESTS:
Atterberg Limits, Plasticity Index (ASTM D4318) ....................$165
NonPlastic..............................................................
$115
Moisture Content (ASTM D22161 •••.•••.............•••••• •••.••.•••••••••••$30
Direct Shear, Consolidated (ASTM D3080), Remolded ...........$330
Sieve Analysis % Passing H200 Sieve (ASTM D1140) .................
$60
Sieve Analysis w/o Hydrometer (ASTM 0422) ........................
$120
Sieve Analysis w/ Hydrometer (ASTM D422) ..........................
$210
pH of Soil (CTM 643).................................................................
$45
Soil Resistivity (CTM 643)..........................................................
$90
Soluble Sulfate (CTM 417) ........................................................
$45
Soil Chloride Content (CTM 422) ..............................................
$65
Corrosivity Series; Sulfate, Chloride, pH, Resistivity
Percent Fractured Aggregate (ASTM D5821) per sieve size.......
(CTM643, 417, 422) ................................................$245
Fine Aggregate Angularity (ASTM C1252) ................................
Specific Gravity of Soil (ASTM 0854) ......................................
$120
Unit Weight/Moisture Content, wax (ASTM D2937) ................$45
Sieve Analysis (ASTM C136)
Unit Weight/Moisture Content,
fine aggregate...........................................................
Shelby tube (ASTM D2937) .......................................
$65
Unit Weight/Moisture Content,
Specific Gravity and Absorption:
ring sample (ASTM D2937) ....................................... $25
STRENGTH TESTS:
Direct Shear, Residual (ASTM D3080) .....................................$800
Direct Shear, Consolidated (ASTM D3080) .............................$265
500 & 1000 Revs..............................................................$275
Direct Shear, Consolidated (ASTM D3080), Remolded ...........$330
$275
R -Value, (ASTM D2844, CTM 301) ..........................................
$330
R -Value, Lime Treated in Lab (ASTM D2844, CTM 301)..........$390
R -Value, Aggregate Base (ASTM D2844, CTM 301) .................
$375
California Bearing Ratio(D1883).................................................
$800
Torsional Ring Shear (ASTM D7608) .................................
$780
Vane Shear Test (ASTM 04648) ................................................
$45
Unconfined Compression (ASTM D2166) ...............................$175
$80
VOLUMETRIC CHANGE:
Consolidation Test (ASTM D2435), w/o time rate .................. $265
Consolidation Test (ASTM D2435), w/ time rate .................... $350
Consolidation Test (ASTM D2435), single point......................$145
FreeSwell...............................................................................$235
Double Odometer...................................................................$395
Expansion Index (ASTM 04829) ................................................$90
Response to Wetting (ASTM D4546) ......................................$105
Soil Suction (ASTM D5298) ...................................................Quote
PERMEABILITY:
Permeability of Granular Soil (ASTM D2434)........................Quote
GROUP DELTA
COMPACTION:
Maximum Density and Optimum Moisture (ASTM D1557)
4" Mold................................................................... $220
4" with rock correction..............................................$235
6" Mold................................................................... $250
6" with rock correction................................................$265
Maximum Density Check Point (ASTM 01557) ........................ $60
Moisture Density of Soil -Cement Mixtures (ASTM D558) Quote
California Impact Compaction, test only (CTM 216) .............. $200
AGGREGATE/SUBGRADE:
Abrasion Test (ASTM C131/C535)
100 and 500 Revs .....................................................
$250
500 & 1000 Revs..............................................................$275
200 and 1000 Rev .....................................................
$275
500 revs only...................................................................$125
1000 revs only.................................................................$150
Clay Lumps/Friable Particles (ASTM C142) ...............................
$120
Durability Index, Coarse (ASTM D3744/CTM229) ....................
$135
Durability Index, Fine (ASTM D3744/CTM229) ........................
$115
Durability Index, Coarse & Fine (ASTM D3744/CTM229)...........
$250
Organic Impurities (ASTM C40) ..................................................
$80
Percent Fractured Aggregate (ASTM D5821) per sieve size.......
$30
Fine Aggregate Angularity (ASTM C1252) ................................
$200
Sand Equivalent (ASTM D2419) ................................................
$115
Sieve Analysis (ASTM C136)
fine aggregate...........................................................
$120
coarse aggregate......................................................
$105
Specific Gravity and Absorption:
fine aggregate (ASTM C128) .....................................
$165
coarse aggregate (ASTM C127) ................................
$105
Sulfate Soundness (ASTM C88) per sieve size ..........................
$150
Cleanness Value (CTM 227) .................................... I.................
$145
Flat & Elongated Particles,
(ASTM D4791) Per Screen Size .................................. $30
Unit Weight of Aggregate, loose/dry rod (ASTM C29) ............... $80
SAMPLE PREPARATION
Sample preparation such as hand -cutting of samples, extraction from
samplers, processing, and mixing of stabilized soils will be charged in
addition to the individual test at the Engineering Technician hourly
rate........................................................................................... $85
Page 3
7-50
Group Delta Consultants, Inc.
Schedule of Fees
LABORATORY TESTING, CONTINUED
(unit cost)
CONSTRUCTION MATERIALS Modulus of Elasticity (ASTM C469) ...........................................$225
CONSTRUCTION MATERIALS
ASPHALT CONCRETE:
Bulk Specific Gravity of Core,
Coated (CTM 308, ASTM 01188) ................................
$40
Hveem Unit Weight (CTM 304/308), set of 3 ...........................
$235
Hveem Unit Weight (ASTM D2726), set of 2 ............................$190
$90
Stabilometer/Hveem set of 2 (ASTM 1560) .............................$335
........ Quote
Stabilometer /Hveem set of 3 (CTM 366) ................................
$360
Stabilometer Value Only, set of 3 without Unit Weight
(CTM 366)........................................................................$270
Bulk Sp. Gravity (Rice) (ASTM D2041) .......................................$160
Compressive Strength, Light Weight Concrete Fill .....................$35
Bulk Sp. Gravity (Rice) (CT309)...................................................
$80
Asphalt ConcreteJMF Verification..........................................Quote
Drying Shrinkage, 3 specimens, 28 -day ........................................
Marshall Unit Weight (ASTM D1559), 3 plug average ..............$225
Marshall Stability/Flow (ASTM D1560), set..............................$285
Percent Bitumen (CTM 382) .....................................................$125
Percent Bitumen & Gradation of
Extracted Sample (CTM 382/202) ............................$240
Film Stripping (CTM 302 ) .........................................................$235
$35
HMA Moisture Content (CTM 371) .............................................
$40
Ignition Oven Correction Factor
Aggregate and oil......................................................$780
Ignition Oven Correction Factor
Aggregate and oil w/ RAP .........................................$900
Hveem AC Mix Design.............................................................Quote
Marshall AC Mix Design..........................................................Quote
Tensile Strength Ratio (TSR) .........................................................Quote
REINFORCED CONCRETE TESTS:
Compressive Strength, per cylinder (ASTM C39) ....................
$35
Compressive Strength, per core (ASTM C39/42) ....................
$65
Flexural Strength, 6x6x18 beam (ASTM C78) ..........................
$90
Compressive Strength, Shotcrete Panel,
........ Quote
Set of 3 (ASTM C39/42) .............................................$330
$65
Compressive Strength of Shotcrete, per core.............................$65
Removal of Shotcrete Cores, In Lab, each ..................................
$80
Compressive Strength, Light Weight Concrete Fill .....................$35
Compressive Strength, Soil Cement ..............................................
$40
Drying Shrinkage, 3 specimens, 28 -day ........................................
$375
I GROUP DELTA
REINFORCED CONCRETE TESTS: (tont.)
Compressive Strength of Masonry Block,
Tensile Strength, Splitting (ASTM C496) .........................$100
Set of 3 (ASTM C140) ......................................
Petrographic Analysis of Cementitious Mat..................Quote
Linear Shrinkage of Masonry B(k., set of 3 (ASTM C426) $330
Cement Content Analysis of Conc. (ASTM C1084)
........ Quote
Coefficient of Thermal Expansion.................................Quote
$65
Concrete Trial Batch w/ lab testing...............................Quote
STRUCTURAL MASONRY:
Compressive Strength Prism, All Sizes, each.....................$120
Compressive Strength of Masonry Block,
Set of 3 (ASTM C140) ......................................
$360
Linear Shrinkage of Masonry B(k., set of 3 (ASTM C426) $330
Shear Test of Masonry Cores, 6" (DSA) ...........................$100
Compressive Strength of Masonry Cores, 6" ....................
$65
Dimensions of Masonry Block, Set of 3 (ASTM C140).......$60
Absorption of Masonry Block (ASTM C140),
Setof 3............................................................................$125
Unit Weight and Absorb. of Masonry Block (ASTM C140),
Setof 3............................................................................
$120
Moisture Content of Masonry Block (ASTM C140),
Setof 3............................................................................5100
Mortar Compressive Strength
2x4, per cylinder (UBC STD 21-16) ....................................$45
Grout Compressive Strength
2x2x2, per cube (ASTM C109) ...........................................
$35
3x3x6, per cube (UBC STD 21-18) .....................................
$65
Brick Compressive Strength, 5 brick set (ASTM C67)
$265
Brick Absorption Test (ASTM C67)
5 or 24-hour submersion, 5 brick set ..............................
$265
1, 2, or 5 -hour boiling, 5 brick set...................................$265
Efflorescence, Brick, 5 brick set (ASTM C67) ...................$264
Modulus of Rupture, 5 brick set (ASTM C67) ..................$190
Moisture As -Received, 5 brick set (ASTM C67) ...............$164
Saturation Coefficient/Absorption, 5 brick set
(requires 24 hr. Submersion and 5 hr. boil Absorption
test prior to calculation) ................................................$130
Page 4
7-51
Group Delta Consultants, Inc.
Schedule of Fees
LABORATORY TESTING, CONTINUED
(unit cost)
CONSTRUCTION MATERIALS
STRUCTURAL STEEL:
High Strength Bolt Testing (ASTM F606)
$75
Hardness, bolt, washer, or nut, each ....................
$25
Bolt Wedge Tensile, each..... ..................................
$75
Bolt Proof Load, each.............................................$60
Machining and Prep. of Structural Steel .............................
Nut Proof Load, each .............................................
$50
Bolt Assembly Test Series, Set of 3 ......................$780
Skidmore Bolt Calibration, In Lab .........................................
Set -Up, if less than three bolts are submitted .......................
$80
Rebar, Tensile Test (ASTM A370)
Welder Qualification Test, Rebar .........................................
No. 3 bar to No. 14 bar ..........................................
$75
No. 18 bar............................................................
$200
Rebar, Bend Test (ASTM A370) ..............................................$55
Carbon Equivalent................................................................
Welded Rebar — Hoops (CTM 670) ........................................
$75
Mechanically Spliced (CTM 670)
Macroetch Test of Welds .......................................................
No. 3 bar to No. 14 bar ........................................$100
Nelson Stud Tensile (ASTM A370) ......................................
No. 18 bar............................................................$200
Charpy Impact Testing........................................................
Slippage Test in Addition to Tensile, each
............. $75
Structural Steel, Tensile Test (ASTM A370)
100kor less............................................................$85
101k-200k............................................................ $105
11
�, GROUP DELTA
STRUCTURAL STEEL: (cont.)
Structural Steel, Bend Test .....................................................
$75
Structural Steel, Pipe Flattening Test .....................................
$60
Seven Wire Strand, Tensile/MOE (ASTM A416) ................... $230
Seven Wire Strand, Tensile Only {ASTM A416) ....................
$155
Machining and Prep. of Structural Steel .............................
Quote
Structural Steel Chemical Analysis .....................................
Quote
Skidmore Bolt Calibration, In Lab .........................................
$160
Weld Procedure Qualification Test, Rebar ...........................
$325
Welder Qualification Test, Rebar .........................................
$175
Weld Procedure Qualification Test ......................................
$375
Welder Qualification Test ...................................................
Quote
Carbon Equivalent................................................................
$130
Carbon Equivalent, Including Calculation .............................
$200
Macroetch Test of Welds .......................................................
$90
Nelson Stud Tensile (ASTM A370) ......................................
Quote
Charpy Impact Testing........................................................
Quote
FIREPROOFING:
Spray -Applied Fireproofing, Density (ASTM E605)
Oven -Dry Method............................................................ $60
Displacement Method ...................................................... $75
Page 5
7-52
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Group Delta Consultants, Inc. Page C-1 7-53
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Group Delta Consultants, Inc. Page C-2 7-54
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting,. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
Group Delta Consultants, Inc. Page C-3 7-55
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Group Delta Consultants, Inc. Page C-4 7-56
ATTACHMENT C
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH GEOCON WEST, INC. FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 10th day of July, 2018 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and GEOCON WEST, INC., a California corporation ("Consultant"), whose
address is 15520 Rockfield Boulevard, Suite J, Irvine, CA 92618, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide geotechnical and material testing
services on an on-call or as -needed basis ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
7-57
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Three Hundred Thousand Dollars and 001100 ($300,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
Geocon West, Inc. Page 2
7-58
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jelisa Adams to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
Geocon West, Inc. Page 3
7-59
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
Geocon West, Inc. Page 4 7-60
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference_
Geocon West, Inc. Page 5 7-61
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
Geocon West, Inc. Page 6 7-62
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
Geocon West, Inc. Page 7
7-63
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
Geocon West, Inc. Page 8
7-64
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jelisa Adams
Geocon West, Inc.
15520 Rockfield Boulevard, Suite J
Irvine, CA 92618
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Geocon West, Inc. Page 9
7-65
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
28.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
Geocon West, Inc. Page 10
7-66
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Geocon West, Inc. Page 11 7-67
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Geocon West, Inc. Page 12
7-68
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: D40;_ 2.dit
BY:
Prv__�
� l�
Aaron C.
City Attoi
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date-
Bv:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Geocon West, Inc., a
California corporation
Date:
BV -
Joseph Vettel
Chief Executive Officer
Date:
Bv:
David Evans
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Geocon West, Inc. Page 13
7-69
EXHIBIT A
SCOPE OF SERVICES
Geocon West, Inc. Page A-1 7-70
EXHIBIT A
SCOPE OF WORK
ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES
The following scope of work includes, but is not necessarily limited to the services listed
herein:
• Conduct geotechnical observation, field and lab testing for various types of projects
including but not limited to, above and below ground structures, earthwork and
grading, slope stability analysis, gravity and pressure pipelines, and roadway
construction;
• Observe and test trench backfill, street subgrade, base material, asphalt concrete
(AC), Portland Cement Concrete (PCC) and any other material;
• Perform compaction testing of various materials, laboratory testing related to all
aspects of geotechnical engineering;
• Perform wet track abrasion testing for slurry seals;
• Prepare geotechnical engineering reports with recommendations such as
pavement design and compaction reports, subgrade treatment, and various
geotechnical engineering studies,
• Attend field meetings and other geotechnical support services as requested;
• Perform field investigation such as pavement coring and boring; and
• Collaborate and work with City staff on various projects as assigned.
In addition to the services above, Consultant may also provide any other services the
Consultant is capable of providing as they relate to the scope of work.
7-71
EXHIBIT B
SCHEDULE OF BILLING RATES
Geocon West, Inc. Page B-1 7-72
<101v)
City of Newport Beach - Public Works Department
GEOCON On -Call Geotechnical and Material Testing Services
FEE SCHEDULE
SCHEDULE OF FEES
PROFESSIONAL SERVICES
Word Processor/Non-Technical AssistanL/Draftsman...................................................................................................................... $80/hr.
Engineering Assistant/Lab Technician .............................................................................................................................................
90/hr.
Engineering Field Technician (I;arthwork/Compaction 7'esting/Backtill)..........................................................................70/95
(PW)* /hr.
Special Inspector (Concrete. Rebar, Masonry, Welding. etc.)...........................................................................................
75/ 100 (PW)* hr.
Engineering Inspector (Bottom Approval / Shoring/ Foundations /Piles) .......................................................................90/115
(PW)* /hr.
StaffEngineer/Geologist..................................................................................................................................................................
105/hr.
ProjectEngineer/Geologist...............................................................................................................................................................
130/hr.
SeniorProject Engineer/Geologist....................................................................................................................................................
140/hr.
SeniorEngineer/Geologist................................................................................................................................................................
160/hr.
AssociateEngineer/Geologist...........................................................................................................................................................
190/hr.
Principal Engineer/Geo log ist/I.itigation Support..............................................................................................................................
250/hr.
Depositionor Court Appearance......................................................................................................................................................
400/hr.
Overtime/Saturday Rate/Night Rate (10pm — 6am w/ 81 fr. minimum per call out) ........................................
1.5 X Regular Hourly Rate
Sunday and I loliday Rate.....................................................................................................................................
2 X Regular Hourly Rate
Minimum Field Services Fce (per day or per call-out).....................................................................................................................
4 Hours
Short -Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time)
............................................................... 4 1 fours
Short -Notice Cancellation (upon or after arrival at jobsitc)..............................................................................................................
4 Hours
*Prevailing Wake (PW) California
Labor Code § 1720. et. Seq add $25/1{r.
TRAVEL
Personnel........................................... .............................................................................................................................. Regular Hourly
Rate
Subsistence(Per Diem)................................................................................................................................................................... $200/day
VehicleMileage............................................................................................................................................................. per current IRS rate
EQUIPMENT & MATERIALS
Nuclear Density Gauge ........................................................ $10/I fr.
Sand Cone Testing Equipment ..............................................
10/Hr.
Vehicle...................................................................................
10/I Ir.
Special Inspection Equipment ................................................
5/I Ir.
Asphalt Cold Patch/Concrete (60 -Ib.). Cement (94-1b.)
........20/bag
GPSUnit..............................................................................160/dav
Pick-up Truck.....................................................................125/day
Direct -Push Rig/Operator ............................... 165/190(3W)*/hour
Drive -Tube Sampler.............................................................40/day
15/ca.
land-Auger..........................................................................40/day
100/day
Soil Sample Tube (Brass)......................................................10/ca.
Soil Sample Tube (Stainless) .................................................
10/ca.
Bailer (Reusable)..................................................................33/da}
35/day
Bailer (Disposable)................................................................
13/ea.
COMPACTION CURVES
Stainless Sampling Pump .................................................$150/day
Battery -Powered Pump........................................................75/day
Water Level Indicator..........................................................40/day
Interlace Probe.....................................................................58/day
Photo -Ionization Meter ......................................................
125/day
Combustible Gas Meter.......................................................80/dav
pi l/Conductivity/Temperature Meter...................................50/day
Turbidity Meter....................................................................80/day
Level D PPE/Decon Rinse Equipment.................................50/day
De -Ionized Water (5 -gallon) .................................................
15/ca.
Air Compressor..................................................................
100/day
55 -Gallon Drum.....................................................................55/ea.
Visqueen (6 mil 20x100') ..................................................
135/roll
Traffic Cones/ Barricades .....................................................
35/day
LABORATORY TESTS*
(D698/D I 557/T99/T 108) 4 -inch mold...............................$190/ca.
(D698/DI557/T99/T108) 6 -inch mold ................................ 205/ca.
(Cf 216) California Impact ................................................. 205/ea.
CheckPoint........................................................................... 90/ea.
SOIL AND AGGREGATE PROPERTIES
(D422/T88) Particle Size. Ilydrometer "lout Sieve............ $155/ea
(CI36/D6913/"I'27) Sieve. Coarse to Fine w/ #200 Wash .... 150/ea.
(C136/D6913/T27) Sieve. Coarse or Fine w/ 4200 Wash.... 110/ca.
(CI36/D6913/f27) Sieve. Coarse or Fine No #200 Wash..... 85/ca.
Geocon 1
7-73
<401v)
GEOCON
City of Newport Beach - Public Works Department
On -Call Geotechnical and Material Testing Services
LABORATORY TESTS (CONTIN M)
(D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ......... 150
(131632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) 50/ea
(D1633/C'I'312) Soil Cement Comp. Strength (Set of 3) ..........300
(D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.)
.............................................................................................. 100/ca
SOIL AND AGGREGATE STABILITY
(D4943) Shrinkage Factors of Soils, Wax Method ................. 55/ea
(D2844/C"1'301) Resistance Value .....................................
$285/ea.
(D2844/CT301) Resistance Value, Treated .........................
290/ca.
(D 1883) California Bearing Ratio .......................................
530/ca.
(C977) Stabilization Ability of Lime ...................................
185/ea.
(D1883) Calif. Bearing Ratio (Army Corp of Engineers) ....
105/ca
CHEMICAL ANALYSIS
170/ea
(G I 87/CT643/T288) pH and Resistivity ............................$135/ea.
(D4972/T289) pH Only..........................................................
30/ca
(CT417) Sulfate Content.......................................................
95/ea.
(CT422) Chloride Content .....................................................
55/ca.
(D2974) Organic Content.......................................................45/ea
135/ca
PERMEABILITY, CONSOLIDATION AND EXPANSION
1 l5/ca
(D5084) Permeability, Flexible Wall...................................$270/ca
135/ea
(D5856) Permeability, Rigid Wall ........................................
260/ea
(D2434) Permeability, Constant Head ..................................
280/ca
(D2434) Permeability. Fl IA Slab -on -Grade .........................
110/ca
(D2434) Permeability, Hourly ................................................
55/ca
(D2435/T216) Consolidation (6 pts. w/ Unload) ..................
270/ea
(D2435/T216) Consolidation Additional Point w/ Unload.....
45/ea
(D4546) Swell/Compression Testing & Density ..................
125/ca
(D4546) Swell/Settlement Testing & Density (ea. addd. pt.) 85/ea
(D4546) Swell/Settlement Testing & Density (County).......
100/ea
(D4546) Swell/Settlement Testing & Density (FHA) ............
90/ea
(D4829) Expansion Index of Soils ........................................
160/ea
STEEL TESTING
(D4767) Consolidated -Undrained Triaxial Staged ................
Reinforcing Steel Tests:
(EM I l 10) Consolidated -Drained Triaxial Shear ..................
(A370) Tensile Strength & Elongation
(EMI 110) Consolidated -Drained Triaxial Staged ................
#I I Bar & Smaller .................................................
$80/ea
#14 Bar ..................................................................
I 10/ca
# 18 Bar (Proof Test) ............................ I................
120/ea
(A370) Bend Test
(0140) Moisture Content/Absorption (ea. addtl. specimen)
#I I Bar & Smaller .................................................
$30/ca
# 14 & # 18 Bar .........................................................
50/ca
(A370) Tensile - Mechanically Spliced Bar
(0109/UBC 21-16) Mortar Cylinder (2"x4") ..............................30
#I I Bar & Smaller ...............................................
$150/ca
# 14 Bar & Larger ...................................................
190/ea
(A370) 'I'ensile — Electric Resist. Butt Splice w/ Control .....
150/ea
(A370) Straightening of bar (ifrequired)................................
25/ea
Structural Steel Tests:
(A370) Machining & Prep of Test Specimen ............... Cost + 20%
(A370) Tensile Strength & Elongation
Up to 200,000 lbs ..................................................
$80/ca
200,000 — 300.000 lbs ............................................
100/ea
300,000 —400,000 lbs ............................................
120/ea
Geocon
2-
(C 117/D 1140/T 11) Materials Finer than #200 ....................... 60/ca.
(D2216/1'265/C'1'226) Moisture Content................................30/ea
(D2487/D2488) Visual Soil Classification.............................30/ca
(D2937) Density of In -Place Soil, Drive-Cyl. Method ...........45/ea
(D4943) Shrinkage Factors of Soils, Wax Method ................. 55/ea
(C 13 1 /C535/CT21 l) L.A. Abrasion Resistance ..................$220/ea
(C 142/`f l 12) Clay Lumps and Friable Particles .................... 170/ea
SOIL AND AGGREGATE PROPERTIES (CONTD.)
(0123/T 113) Light Weight Particles.....................................245/ea
(D3744/CT'229/T210) Durability index Fine ........................
190/ea
(D3744/CT229/T210) Durability Index Coarse ....................225/ea
(CT227) Cleanness Value .....................................................
170/ea
(D4791) Flat & Elongated Particles......................................165/ea
(D693/CT205) Percent Crushed Particles ............................. 145/ea
(135821) Percent. of Fractured Particles, Coarse Aggregate.
140/ea
(C40/CT213/T21) Organic Impurities .................................... 75/ea
(C235) Soft Hardness (Scratch Hardness) ...........................100/ea
(C88/CT214/T104) Sulfate Soundness.................................410/ea
(C 1252/1304) Uncompact. Void Content, Fine Aggregate..
135/ca
(C I 27/CT206/T85) Coarse Specific Gravity ........................
1 l5/ca
(C I28/CT20TT84) Fine Specific Gravity ............................
135/ea
(D854/CT209/T100) Specific Gravity of Soil .......................
105/ca
(C29/CT212/T 19) Unit Weight & Percent Voids ...................
90/ea
(D2419/CT217/T176) Sand Equivalent..................................95/ca
(D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) 155/ea
(D4318/Cf204/T89) Liquid Limit..........................................70/ea
(D4318/CT'204/T90) Plastic Limit .......................................... 70/ea
(C330) Spec. for Lightweight Aggregates, Struc. Concrete...
Quote
SHEARSTRENGTH
(132166) Unconfined Compression .....................................
$100/ea
(133080/1'236) Direct Shear (3 points) ......................................250
(133080/1'236) Direct Shear Addtl. Points/ea. residual pass....
75/ea
(D2850) Unconsolidated -Undrained Triaxial Shear ............. l l5/ea
(D2850) Unconsolidated -Undrained Triaxial Staged............ 160/ca
(D4767) Consolidated -Undrained Triaxial Shear .................
265/ea
(D4767) Consolidated -Undrained Triaxial Staged ................
340/ca
(EM I l 10) Consolidated -Drained Triaxial Shear ..................
375/ea
(EMI 110) Consolidated -Drained Triaxial Staged ................
480/ca
MASONRY"
Concrete Block Test (Sets of 3 Required):
(C140) Unit Weight Moisture Content & Absorption..............$195
(0140) Moisture Content/Absorption (ea. addtl. specimen)
..65/ea
(C 140) Compression Test ..........................................................195
(C 140) Compression "fest (ca. addtl. specimen) .................... 65/ea
(C426) linear Drying Shrinkage ...............................................285
(0109/UBC 21-16) Mortar Cylinder (2"x4") ..............................30
(0942) Grout Prism (3"x3"x6"). trimming included ...................35
Masonry Prism (Assemblasc):
(C 13 14) 8"x8"x 16" — 8"x 12"x 16" .....................................
$165/ea
(C1314) 8"x 16"x l 6" — l0"x 12"x 16" ...................................
180/ea
(C 1314) 12"x 12"x 16" — 12"x 16"x 16" ................................. 235/ea
(C 1314) Larger than 12"x 16"x 16" ........................................ Quote
7-74
<01v),
GEOCON
City of Newport Beach - Public Works Department
On -Call Geotechnical and Material Testing Services
LABORATORY TESTS (COMMUED)
Pre -stressing Wire & Tendon 'rests:
(A421) Tensile Strength, Single Wire ................................
$ 110/ca
(A416) Tensile Strength, 7 -Wire Strand ...............................
175/ea
High Strength Bolt. Nut, & Washer Tests:
(.A325/A490) Tensile Test on Bolts ......................................
$70/ea
(A563) Proof Load Test on Nuts ............................................
70/ea
(A325/A490) Hardness Test on Bolts .....................................
30/ea
(A536) Hardness Test on Nuts ...............................................
30/ca
(F436) Hardness Test on Washers ..........................................
25/ea
Weld Specimen Tests:
(E164) Ultrasonic Examination.............................................Quote
Machining & Prep of Test Specimen .............
Cost + 200/a
(E381) Macrotech Test (3 Faces) ...........................................$355
ASPHALT TESTING
Asphalt Properties:
(D2726/CT308/'1'166) Bulk Spec. Gray., Compacted HMA $90/ca
(D I 560/CT366) Stabilomcter Value (HVEEM) ..................
105/ea
(D2041) Theoretical Max Specific Gravity ............................
751ea
(D5444) Sieve Analysis of Extracted Asphalt ......................
150/ea
(D6307/CT382) Percent Asphalt. Ignition Method
.............. 150/ca
(D l 188) Unit Weight of Asphalt Core ...................................
65/ca
MISCELLANEOUS TESTING SERVICES
Calibration of l lvdraulic Ram:
100 Ton & Under ...................................................$200/ea
10 l Tons — 200 Tons ............................................... 250/ea
Use ol'Universal Testing Machine:
UTM with One Operator ....................................... $320/ea
Additional Technician ..........................Regular Tech Rate
Brick Test (Set of 5 Specimens
(C67) 24-1 lour Absorption, Cold Water ..................................$225
(C67) 5-1 lour Absorption, Boiling Water................................$225
(C67) Compression Test or Modulus of Rupture .....................$255
(C67) Each Additional Specimen............................................45/ea
CONCRETE
Mix Designs:
(ACI21 IIAC1214) Concrete Mix Design............................$175/ca
(ACI211/AC1214) Review of Concrete Mix Design ............ 190/ea
(C192) Concrete Trial Mix (includes equipment & labor).... 495/ca
Concrete Properties:
(C39/CT521/T22) Comp. Strength, Concrete Cyl............... $30/ca.
(C421CT521/7'22) Comp. Strength. Concrete/Gunite Core.... 50/ea.
CONCRETE** (CONTD.)
(C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam. 165/ca.
(C174) Length Measuring of Drilled Cores ........................... 55/ea.
(01140) Shotcrete Panel -Coring & Testing (Set of 3) ..............290.
(C1140) Shotcrete Panel (each addtl. specimen) .................... 90/ea.
(0496) Static Modulus of Elasticity ..................................... 200/ea.
(0496) Drying Shrinkage (Set of 3, up to 28 days)....................395
(C642) Spec. Gravity, Absorp., Voids in Hardened Concrete 95/ea
(F1869) Moisture Vapor Emission Rate, Concrete Subfloor..50/ea
Sprav Applied Fireproofing: *2X Surcharge on rush turn -around for laboratory testing.
(E605/E736) Fireproofing Oven Dry Density/Thickness.....$90/ea **Fee applies for sample storage, testing, or disposal.
I Luted are typical charges for the .cervices most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving
volume work will be provided upon request Laboratory test prices shown are Jor laboratory work only, arnd include reporting of routine resuhs not calling for
comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Socretyfor resting and
Materials, Caltrans, American Association of State Highway and rransportatron QJjicrals, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half Sundgvs and holydayc at double time.
4 Lquipmem and materials will be billed at cost plus 15'9/5,. Outside .cervices including subcontractors am/ rental ofspecial equipment are billed at cost plus 15%. Hourly services
are billedporta/ to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge
Geocon
-3-
7-75
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Geocon West, Inc. Page C-1 7-76
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Geocon West, Inc. Page C-2 7-77
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
Geocon West, Inc. Page C-3 7-78
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Geocon West, Inc. Page C-4 7-79
ATTACHMENT D
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH AMERICAN GEOTECHNICAL FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 10th day of July, 2018 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and AMERICAN GEOTECHNICAL, a California corporation ("Consultant"),
whose address is 22725 Old Canal Road, Yorba Linda, CA 92887, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide geotechnical and material testing
services on an on-call or as -needed basis ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
:Ij
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Three Hundred Thousand Dollars and 00/100 ($300,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
American Geotechnical Page 2
7-81
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved
in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Douglas S. Santo to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
American Geotechnical Page 3
7-82
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
American Geotechnical Page 4
7-83
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
American Geotechnical Page 5
7-84
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
American Geotechnical Page 6
7-85
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
American Geotechnical Page 7
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
American Geotechnical Page 8
7-87
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Douglas S. Santo
American Geotechnical
22725 Old Canal Road
Yorba Linda, CA 92887
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
American Geotechnical Page 9
7-88
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
28.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
American Geotechnical Page 10
7-89
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
American Geotechnical Page 11
7-90
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
American Geotechnical Page 12
7-91
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: A )S ?b. 2e IP
nBy
f� Aaron C.
City Attoi
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
001W4 Marshall "Duffy" Duffield
JrN%l Mayor
CONSULTANT: American Geotechnical,
a California corporation
Date:
By:
Leilani I. Brown Gregory Wayne Axten
City Clerk Chief Executive Officer
Date:
By:
Fei-Chiu Huang
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
American Geotechnical Page 13
7-92
EXHIBIT A
SCOPE OF SERVICES
American Geotechnical Page A-1 7-93
EXHIBIT A
SCOPE OF WORK
ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES
The following scope of work includes, but is not necessarily limited to the services listed
herein:
• Conduct geotechnical observation, field and lab testing for various types of projects
including but not limited to, above and below ground structures, earthwork and
grading, slope stability analysis, gravity and pressure pipelines, and roadway
construction;
• Observe and test trench backfill, street subgrade, base material, asphalt concrete
(AC), Portland Cement Concrete (PCC) and any other material;
• Perform compaction testing of various materials, laboratory testing related to all
aspects of geotechnical engineering;
• Perform wet track abrasion testing for slurry seals;
• Prepare geotechnical engineering reports with recommendations such as
pavement design and compaction reports, subgrade treatment, and various
geotechnical engineering studies;
• Attend field meetings and other geotechnical support services as requested;
• Perform field investigation such as pavement coring and boring; and
• Collaborate and work with City staff on various projects as assigned.
In addition to the services above, Consultant may also provide any other services the
Consultant is capable of providing as they relate to the scope of work.
7-94
EXHIBIT B
SCHEDULE OF BILLING RATES
American Geotechnical Page B-1 7-95
American Geotechnica
AMERICAN GEOTECHNICAL - SCHEDULE OF FEES (PREVAILING WAGE)
PROFESSIONAL SERVICES
PrincipalEngineer..................................................................................................................................................................................225.00/hr
PiezometerPipe & Materials...................................................................................................................................................................10.00/ft
PrincipalGeologist.................................................................................................................................................................................225.00/hr
ShelbyTubes.........................................................................................................................................................................................
ChiefEngineer........................................................................................................................................................................................205.00/hr
3 Inch Drive Tube (knocker)....................................................................................................................................................................50.0%a
ChiefGeologist.......................................................................................................................................................................................205.00/hr
SampleCutter.........................................................................................................................................................................................
SeniorEngineer......................................................................................................................................................................................200.00/hr
Concrete/Pavement Coring Machine.....................................................................................................................................................45.00/hr
SeniorGeologist.....................................................................................................................................................................................200.00/hr
SincoTilt Plate and Cover....................................................................................................................................................................
ProjectEngineer.....................................................................................................................................................................................175.00/hr
Applied Geomechanics High Sensitivity Tilt Meter Monitoring..........................................................................................................275.00/dy
ProjectGeologist....................................................................................................................................................................................175.00/hr
Applied Geomechanics Tilt Meter Probe of Sinco Fixed Inclinometer Monitoring.............................................................................
StaffEngineer........................................................................................................................................................................................160.00/hr
ShelbyTube Re-tip...................................................................................................................................................................................75.00/ea
StaffGeologist.......................................................................................................................................................................................160.00/hr
ThinWall Tip (thin ring).........................................................................................................................................................................120.00/ea
LaboratoryManager..............................................................................................................................................................................140.00/hr
ThinWall Re-tip........................................................................................................................................................................................75.00/ea
SeniorTechnician Services...................................................................................................................................................................140.00/hr
ThickWall Tip (thick ring).....................................................................................................................................................................165.00/ea
FieldTechnician Services......................................................................................................................................................................125.00/hr
ThickWall Re-tip...................................................................................................................................................................................
Laboratory Technician Services...........................................................................................................................................................100.00/hr
SincoInclinometer/Tilt Plate Monitoring.............................................................................................................................................140.00/dy
FieldAssistant (Non-prevailing)..............................................................................................................................................................85.00/hr
Floor -Level Survey (Manometer).............................................................................................................................................................25.00/dy
TechnicalIllustrator...............................................................................................................................................................................110.00/hr
OfficeServices......................................................................................................................................................................................... 75.00/hr
LaborCompliance Services..................................................................................................................................................................200.00/hr
ClientInformation Services...................................................................................................................................................................200.00/hr
SPECIAL EQUIPMENT
InclinometerPipe & Materials.................................................................................................................................................................15.00/ft
PiezometerPipe & Materials...................................................................................................................................................................10.00/ft
ShelbyTubes.........................................................................................................................................................................................
120.00/ea
3 Inch Drive Tube (knocker)....................................................................................................................................................................50.0%a
SampleCutter.........................................................................................................................................................................................
85.00/ea
Concrete/Pavement Coring Machine.....................................................................................................................................................45.00/hr
SincoTilt Plate and Cover....................................................................................................................................................................
410.00/ea
Applied Geomechanics High Sensitivity Tilt Meter Monitoring..........................................................................................................275.00/dy
Applied Geomechanics Tilt Meter Probe of Sinco Fixed Inclinometer Monitoring.............................................................................
75.00/dy
ShelbyTube Re-tip...................................................................................................................................................................................75.00/ea
ThinWall Tip (thin ring).........................................................................................................................................................................120.00/ea
ThinWall Re-tip........................................................................................................................................................................................75.00/ea
ThickWall Tip (thick ring).....................................................................................................................................................................165.00/ea
ThickWall Re-tip...................................................................................................................................................................................
105.00/ea
SincoInclinometer/Tilt Plate Monitoring.............................................................................................................................................140.00/dy
Floor -Level Survey (Manometer).............................................................................................................................................................25.00/dy
SingleUse Crack Gauge..........................................................................................................................................................................50.00/ea
ConcreteSlab Relative Humidity............................................................................................................................................................30.00/ea
CrackPin Monuments............................................................................................................................................................................70.00/set
MoistureDome & Material......................................................................................................................................................................30.00/ea
ExtensometerMonuments(2)..............................................................................................................................................................
85.00/set
Extensometer/Crack Pin Monitoring Device..........................................................................................................................................50.00/dy
VibratingWire Piezometer - 50 ft .......................................................................................................................................................
500.00/ea
VibratingWire Piezometer - 100 ft .....................................................................................................................................................550.00/ea
VibratingWire Piezometer - 150 ft.....................................................................................................................................................
600.00/ea
Multi -gas Monitor.....................................................................................................................................................................................50.00/dy
CrackMonitor...........................................................................................................................................................................................25.00/ea
ThinWall Sampling Adapter.................................................................................................................................................................450.00/ea
ThinWall Split Tube - 21.. ....................................................................................................................................................................
750.00/ea
7-96
American Geotechnical
1" Sampling Tubes...................................................................................................................................................................................20.00/ea
PneumaticPiezometer 50.................................................................................................................................................................... 275.00/ea
PneumaticPiezometer 100 . ................................................................................................................................................................
325.00/ea
PneumaticPiezometer 150.................................................................................................................................................................
400.00/ea
NuclearGauge Rental Fee......................................................................................................................................................................25.00/dy
Ground Penetrating Radar - half day..............................................................................................................................................
1.100.00/dy
Ground Penetrating Radar - full da..............................................................2,200.00
LABORATORY TESTING SERVICES - SOIL AND AGGREGATE (per test unless otherwise Indicated)
MoistureContent (D2216/CT216)..............................................................................................................................................................
30.00
Moisture Density and Dry Unit Weight: (Rings)..........................................................................................................................................40.00
Moisture Density and Dry Unit Weight: (Shelby Tubes).............................................................................................................................90.00
AtterbergLimits (D4318)...........................................................................................................................................................................220.00
Visual and Tactile Classification(D2488)...................................................................................................................................................
25.00
Particle Size Distribution(D1140).............................................................................................................................................................250.00
Particle Size Distribution/Hydrometer Combined (D1140 & D422)......................................................................................................375.00
HydrometerAnalysis(D422)......................................................................................................................................................................175.00
#200 Wash (C117, D1140)........................................................................................................................................................................200.00
SpecificGravity Soils(D854)...................................................................................................................................................................140.00
Specific Gravity Bulk (Wax Method D1188)...........................................................................................................................................140.00
Specific Gravity & Absorption of Coarse Aggregate (C127/CT206).......................................................................................................175.00
Specific Gravity & Absorption of Fine Aggregate(C128/CT207)............................................................................................................160.00
SandEquivalent (D2419/CT217)..............................................................................................................................................................150.00
Swell or Collapse (Intact Air -Dry, HUD)......................................................................................................................................................110.00
Swell or Collapse (Remolded Air -Dry. HUD)..............................................................................................................................................150.00
Swell or Collapse (Intact Nevada Amendments)......................................................................................................................................120.00
Swell or Collapse (Remolded Nevada Amendments)...............................................................................................................................150.00
ExpansionIndex (D4829)..........................................................................................................................................................................200.00
MaximumDensity (D1557-4") ...................................................................................................................................................................300.00
MaximumDensity (D1557-6") ...................................................................................................................................................................400.00
MaximumWet Density(CT216).................................................................................................................................................................300.00
MaximumDensity (check point)................................................................................................................................................................100.00
DirectShear: Quick, per point............................................................................................................................•.......................................150.00
DirectShear: Slow, per point.....................................................................................................................................................................200.00
Direct Shear: Quick, per point (remolded)................................................................................................................................................200.00
Direct Shear: Slow, per point (remolded)..................................................................................................................................................250.00
Consolidation, Time (D2435) 1 load test..................................................................................................................................................300.00
Consolidation, Not Time Monitored (8 10 pt. Incremental)....................................................................................................................300.00
TorsionalShear (D6467), per point...........................................................................................................................................................450.00
SpecialSample Processing.......................................................................................................................................................................... 25.00
MoistureDensity - Bulk..............................................................................................................................................................................150.00
RockCorrection..........................................................................................................................................................................................150.00
MinimumDensity........................................................................................................................................................................................300.00
UnitWeight-Aggregates(C29/CT212).......................................................................................................................................................150.00
Hydro -Response (remolded) Swell or Collapse........................................................................................................................................200.00
Hydro -Response (Intact) Swell or Collapse..............................................................................................................................................150.00
Hydro -Response (Intact -Air Dry) Swell or Collapse..................................................................................................................................150.00
Organic Impurities - Fine Aggregates (C40/CT213)...............................................................................................................................100.00
OrganicAnalysis-Soil(D2974)....................................................................................................................................................................110.00
Apparent Specific Gravity of Fine Aggregate (CT208).............................................................................................................................195.00
Clay Lumps & Friable Particles(C142)......................................................................................................................................................165.00
SoilSuction Test (ASTM D6836)................................................................................................................................................................. 50.00
PlasticityIndex (D424/CT204)..................................................................................................................................................................255.00
7-97
American Geotechnical
Particle -Size Distribution -ret. on #200 (C136/CT202)...........................................................................................................................200.00
CBR- Soil (D1883)....................................................................................................................................................................................280.00
CBR- Base................................................................................................................................................................................................. 370.00
CleannessValue(CT227)...........................................................................................................................................................................180.00
CarbonationTest........................................................................................................................................................................................... 30.00
CoreMeasurements/Photos.......................................................................................................................................................................60.00
Porosity(ASTM C642-06)...........................................................................................................................................................................150.00
PermeabilityTest (2434)............................................................................................................................................................................305.00
OutsideLaboratory .............................................................................................................................................................................. Cost + 20%
CHEMICAL PROPERTIES (per test unless otherwise Indicated)
Sulfates(ASTM/Caltrans)............................................................................................................................................................................
60.00
Chlorides(ASTM/Caltrans)..........................................................................................................................................................................
60.00
pH(ASTM/Caltrans)..................................................................................................................................................................................
55.00
Resistivity(ASTM/Caltrans)......................................................................................................................................................................... 80.00
Corrosivity (So4, Cl, pH and Resistivity)................................................................................................................................................... 250.00
Sulfide(ASTM)...............................................................................................................................................................................................
70.00
pH profile concrete (ASTM F710-11)............................................................................................................................................15.00/per
hole
AcidSoluble Chloride (ASTM C1152)........................................................................................................................................................200.00
RedoxPotential (ASTM)..............................................................................................................................................................................100.00
Resistivityand pH (ASTM method)............................................................................................................................................................100.00
FullCorrosivity (EPA)............................................................................................................................................................................
Cost + 20%
CONCRETE
Concrete Cylinder Compression test(C39/CTM521)..........................................................................................................................
30.00/ea
Concrete Cylinder Compression test - capped (C39/CTM521).......................................................................................................... 50.00/ea
Concrete Flexural Strength - Beams(C78/CTM523)....................................................................................................................... 100.00/ea
Concrete Cylinder Compression test w/Modulus of Elasticity (C469)............................................................................................ 550.00/ea
Concrete Cylinder Compression Test Lightweight Concrete (C495).................................................................................................. 30.00/ea
Cone rete/Shotcrete/Gunite Cores 6"max. Diameter includes trim. (C42)
....................................................................................... 35.00/ea
Unit Weight of Hardened Light Weight Concrete(C567)....................................................................................................................
40.00/ea
Unit Weight of Hardened Light Weight Concrete - oven dry (C567)............................................................................................... 110.00/ea
Lightweight Fill Concrete Density (C495)............................................................................................................................................ 40.00/ea
Density (Unit Weight) of Concrete(C138/CTM518)............................................................................................................................
35.00/ea
Air Content of Concrete, Pressure Method(C231/CTM504).............................................................................................................
35.00/ea
Air Content of Concrete, Volumetric Method (C173/CTM543)..........................................................................................................
35.00/ea
Density Absorption/Voids in Hardened Concrete(C642)..................................................................................................................
200.00/ea
MASONRY
Mortar Cylinder Compression Test - 2"X4"(C780)............................................................................................................................ 40.00/ea
Mortar Cubes Compression Test - 2"x2" (C109)............................................................................................................................... 40.00/ea
Grout Cylinder Compression Test - 3"x6" (C1019)............................................................................................................................ 40.00/ea
Grouted Prism Compression - Masonry Assemblage(C1314)....................................................................................................... 150.00/ea
MoistureContent as received(C140).................................................................................................................................................. 55.00/ea
Measurements(C140).......................................................................................................................................................................... 35.00/ea
Compression 8"x8"x16", 3 required(C140)..........................................................................................................................................70.0%a
Masonry Core - Compression (C42) ............................ ............................... 60.00/ea
InLaboratory Core Cutting..................................................................................................................................................................... 55.00/ea
BRICK (C67)
Compression........................................................................................................................................................................................... 45.00/ea
Modulusof Rupture................................................................................................................................................................................ 55.00/ea
Absorption. Soak or Boil......................................................................................................................................................................... 35.00/ea
Absorption, Saturation Coefficient........................................................................................................................................................ 45.00/ea
InitialRate of Absorption........................................................................................................................................................................ 45.00/ea
American Geotechnica
ASPHALT CONCRETE (per test unless otherwise indicated)
Maximum Density(Hveem D1561)...
Maximum Density (Marshall D6926)
................................................................................................................. 400.00/ea
................................................................................................................. 300.00/ea
Thicknessof core samples.....................................................................................................................................................................20.00/ea
Densityof core samples......................................................................................................................................................................... 55.00/ea
Binder Content (Ignition Oven Method CT382/D6307/T308).......................................................................................................... 350.00/ea
Gradation of Extracted Aggregate (including wash) CT202/C136................................................................................................... 100.00/ea
The rates and charges set forth in this exhibit shall remain valid and in effect from the Effective Date of this Agreement to and
including June 30, 2019. Thereafter, any proposed adjustment to Consultant's rates and charges shall be submitted to the City's
Public Works Director, in writing, not more frequently than annually and no later than forty-five (45) days prior to the end of each fiscal
year during the Term. No adjustment request shall be accepted by the City unless timely submitted in writing. No adjustment to rates
and charges during the Term shall become effective without the prior written approval of the City's Public Works Director. Failure to
agree upon any proposed increase of rates and charges during the Term shall be cause to terminate the Agreement.
Executive professional will be charged at a rate of $375.00 per hour, with deposition, arbitration, and trial testimony at $480.00 per
hour (minimum charge of 15 minutes or $120.00 will apply). Principal professional will be charged at a rate of $450.00 per hour for
deposition, arbitration and trial testimony.
Deposition, arbitration, and trial appearances will be charged at a rate of $400.00 per hour for professional staff, and $325.00 per
hour for all other staff.
Field inspections will be charged at hourly Fee Schedule rates, assuming a 48-hour notice is given. Field inspections will be charged at
1.5 times the hourly Fee Schedule rates, if less than a 48-hour notice is given. Field inspections will be charged at 2.0 times the hourly
Fee Schedule rates if less than a 24-hour notice is given: however, inspection services cannot be guaranteed with less than a 24-hour
notice.
Ring, soil, concrete, and other samples will be stored in five -gallon plastic units. A one-time set-up/inventory fee of $25.00 will
be charged per bucket. On completion of testing, at the Client's option, the Client shall, at Client's expense, arrange to pick up all
remaining samples from the offices of American Geotechnical. Samples will be disposed of after 120 days unless other arrangements
are made in writing by the Client.
Charges for additional services such as scanning, plotting, laminating, etc., will be charged at standard American Geotechnical rates
which will be provided upon request.
The minimum charge for field services will be two (2) hours. Time in excess of eight hours per day and time after 6:00 pm will be
charged at 1.50 times the regular rates. Travel will be charged at current IRS mileage rates.
Outside services, subcontract costs, and other expenses will be charged on a cost plus 20 percent basis. Charges for special
equipment, testing, and/or services will be by arrangement in accordance with the above fees on a unit and/or cost plus 20 percent
basis. Unless otherwise stated, proposals are valid for 45 days from the date thereon.
7-99
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
American Geotechnical Page C-1 7-100
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
American Geotechnical Page C-2 7-101
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
American Geotechnical Page C-3 7-102
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
American Geotechnical Page C-4 7-103