HomeMy WebLinkAbout07 - Marina Park Specialty Inspection & Material TestingSEW PpRr
CITY OF
NEWPORT REACH'
City Council Staff Report
Agenda Item No. 7
November 12, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3330, dawebb @newportbeachca.gov
PREPARED BY: Iris Lee, Senior Civil Engineer
949 - 644 -3323, ilee(a)newportbeachca.gov
APPROVED: J .. 0.
TITLE: Professional Services Agreement with GMU Geotechnical, Inc. for
Marina Park Specialty Inspection And Material Testing Services
ABSTRACT:
The Marina Park Project will be under construction soon. Due to the specialty trade work
included in the project, staff is requesting City Council approval of a Professional
Services Agreement with GMU Geotechnical, Inc. (GMU), to provide necessary specialty
inspection and material testing services during construction.
RECOMMENDATION:
Approve a Professional Services Agreement with GMU Geotechnical, Inc. of Rancho
Santa Margarita, California, for the specialty inspection and material testing services
needed for the Marina Park Project at a cost not to exceed $206,487.00 and authorize
the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
There are sufficient funds in Project Account No. 7411- C4002002 for this work.
DISCUSSION:
The first phase of Marina Park construction is scheduled to begin in December 2013. As
this long awaited project includes complex buildings and site construction, a construction
materials testing and inspection firm with experience and licensing to test and inspect
specialty trade work is required. This will assist City and contract staff in ensuring the
project is built in accordance with applicable codes and project specifications.
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Professional Services Agreement with GMU Geotechnical, Inc. for Marina Park Specialty
Inspection And Material Testing Services
November 12, 2013
Page 2
In September 2013, staff issued a Request for Proposals to provide inspection and
testing services for the Marina Park Project. Two firms submitted proposals. Upon
independent evaluation of the proposals, staff and Griffin Structures (Marina Park
contract construction manager) selected GMU Geotechnical, Inc. as the most qualified
based on their understanding of the project, ability to provide comprehensive inspection
services and previous experience with stone column soil densification.
GMU's scope of services includes the following:
• Geotechnical material testing and inspection;
• Stone column and seawall construction material testing and inspection;
• Deputy inspection services (i.e., concrete, steel, welding, masonry); and
• Comprehensive inspection report.
Complete details of GMU's services are included in the attached Professional Services
Agreement.
Staff negotiated a not to exceed fee of $206,487.00 with GMU to provide specialty
inspection and material testing services for the duration of Marina Park construction. The
negotiated fees are consistent with market rates for the proposed services.
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. The Final Environmental
Impact Report for the Marina Park Project was adopted by City Council on May 11, 2010.
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).
Submitted
e
David A. Webb
Public Works Director
Attachment: A. Professional Services Agreement with GMU Geotechnical, Inc.
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Attachment A
PROFESSIONAL SERVICES AGREEMENT
WITH GMU GEOTECHNICAL, INC. FOR
MARINA PARK — INSPECTION AND TESTING
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this 13th day of November, 2013 ( "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 23241 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 perform geotechnical, specialty, and
registered special inspection services for the Marina Park Project ( "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 August 31, 2016, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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. In the absence of a specific schedule, the Services shall be
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performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, 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 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 Two Hundred
Six Thousand Four Hundred Eighty Seven Dollars and 00/100 ($206,487.00),
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
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 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.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
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 Dr. Ali Bastani 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. The
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 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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
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8.2 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 the highest professional standard.
8.3 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.
8.4 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 and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
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 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
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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.
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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.
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
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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. 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 (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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 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
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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, 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
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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 "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this 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.
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:
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Attn: Iris Lee, Senior Civil Engineer
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: Dr. Ali Bastani, PhD, PE, GE
GMU Geotechnical, Inc.
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
26. CLAIMS
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.).
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,
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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
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 Contractor 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
Contractor 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.
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.
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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.
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 of race, religion, color, national origin, handicap,
ancestry, sex, 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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT NEY'S OFFICE
Date: 11__
By:Y�
Aaron C. Harp h{�
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Keith D
Mayor
Curry
CONSULTANT: GMU Geotechnical, Inc.,
a California corporation
Date:
By:
Gregory P. Silver, MSc, PE, GE
President
Bv:
Gary Urban, PE, GE
Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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GMU Geotechnical, Inc. u Page 12
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EXHIBIT A
SCOPE OF SERVICES
A]] 2." bR. Y.. Sfi35¢ 92SY£ S. YZE' i1SYS5F £VSL¢6'.ILSi<^6_[R8I.S2ltiffiR S.id SSt r�._ ......_....... SLYfS3P] T. I[_ K6 i_ 3I4Y.[ tl% APVICESTPLT253: 6Y�' FS1rtfA' R. 1: RS. R' A91 fiY16�_ ffiYRP_ S_ 6dRNRA6im '.'I®M.9N.'..i6.IDC9ESfECAmItl IDREIPI
GMU Geotechnical, Inc. Page A -1
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23241 Arroyo Vista
Rancho Santa Margarita
QW CA 92688
voice: 949.888.6513
GEOTECHNICAL INC. fax: 949.888.1380
. web: www.gmugeo.com
PROPOSAL, QUALIFICATIONS,
AND PROPOSED PROJECT APPROACH
GENERAL ASSUMPTIONS
A. The project is prevailing wage.
B. Costs are estimates based on time and material. If assumptions are exceeded, additional
monies may be required. If assumptions are not realized, costs will be below those
estimated.
C. Marina Park — Prevailing Wage Schedule of Charges (See Appendix A)
D. Schedule of Charges to be kept in place until completion of project.
EXPERIENCE
GMU is uniquely qualified to perform the observation and testing services at the Marina Park
project. We have experience in all facets of the proposed construction — from rock/stone
columns to sheet piles and tiebacks to grading acid to registered special inspection (See
Appendix B).
WORIQPERSONNEL APPROACH
a. Project Organizational Chart
a. A project organization chart is presented in Appendix C.
b. Project Management
a. The Package 2 /Grading portion of the project will be overseen by an
Associate -level professional staff member who was involved in the plan check
review process — Dr. Ali Bastani. Dr. Bastani has a Ph.D. from UC Davis
emphasizing soil dynamics and earthquake engineering (see attached resume).
GMU's President, Greg Silver, will also be involved in the project as needed
ensuring project continuity.
c. Observations /TestinglInspections
a. Senior Geotecluucal TechnicianlReaistered Special Inspector
i. A uniquely qualified senior geotechnical technician/registered special
inspector will be utilized for Package 2 inspections and the grading
portion of Package 3. This individual will have a significant level of
experience with all aspects of the construction in Package 2
(i.e., stone /rock columns, tie- backs, sheetpiles, and related grading) and be
16 of 30
Ms. Iris Lee, CITY OF NEWPORT BEACH
Proposal for Construction Observation and Testing Services, Marina Project
certified as required for any required Registered Special Inspections that
maybe needed during the Package 2 /Grading work.
ii. Because of the multi - disciplined experience and certifications, this person
will be able to perform several inspections at one time.
iii. No 4 -hour minimums will be applied.
b. Registered Special Inspector /Technician
i. For standard inspection tasks and more routine soils /compaction testing, a
registered special inspector or staff soils technician will be utilized.
ii. The rate for this inspector /technician will be less than for the senior
geotechnical technician.
iii. No 4 -hour minimums will be applied.
PROPOSAL /COST ESTIMATES
PACKAGE 1— DEMOLITION
Assumptions:
a. Senior Geoteclmical Technicia i/Inspector on -site part-time — 4 hours /week for
5 weeks = 20 man-hours
b. City to provide main inspections
c. GMU to provide check observations
Cost Estimate: $2,200
Package 1 Total: $2,200
PACKAGE 2 — MARINA BASIN CONSTRUCTION
2.1 Stone Column Construction
Assumptions:
a. Senior Geotechnical Tecluiician /Inspector on -site fall -time — 8 hours /day for
40 Working Days — 320 man-hours
i. GMU to provide main inspections for City.
ii. Terra Costa to perform check inspections.
iii. Contractor to have its own QA/QC personnel.
iv. City to provide rough oversight.
v. Services to include vibration monitoring if /as needed.
October 23, 2013 2 GMU Project 12- 095 -10
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Ms. Iris Lee, CITY OF NEWPORT BEACH
Proposal for Construction Observation and Testing Services, Marina Project
b. Lab/Materials Testing
i. Check grain size /sieve analyses (4)
c. Professional Oversight/Project Management
i. 1 hour per week
ii. 1 site meeting/month
Cost Estimate:
a. $35,200
b. $ 880
c. $ 2,730
Stone Column Subtotal: $38.810
2.2 Sea Wall Construction
Assumptions:
a. Senior Geotechnical Technician/Inspector on -site full -time — 8 hours /day for
50 Working Days = 400 man -hours (per agreement with the City)
i. GMU to provide main inspections for City.
ii. Tetra Costa to perform check inspections.
iii. City inspectors to provide rough oversight.
b. Lab/Materials Testing
i. Concrete Cylinders — Cap Beam
10 pours — 3 cylinders/breaks per pour = 30 breaks
c. Professional Oversight/Project Management
i. 1 hour per week
ii. 1 site meeting /month
Cost Estimate:
a. $44,000
b. $ 840
c. $ 3,412
Sea Wall Subtotal: $48.252
October 23, 2013 3 GMU Project 12- 095 -10
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Ms. Iris Lee, CITY OF NEWPORT BEACH
Proposal for Construction Observation and Testing Services, Marina Project
PACKAGE 3 — COMMUNITY CENTER AND PARK
3.1 Vet Utilities
Assumptions:
GMU to provide backfrlt compaction testing (Registered Special
Inspector/Technician)
a. 20 days at 4 hours /day = 80 man -hours
i. City inspectors to observe and approve utility line placement and
shading as well as rough oversight.
b. Lab testing
i. Compaction (2)
ii. Sand equivalent (4)
Cost Estimate:
a. $8,000
b. $ 900
Wet Utility Subtotal: $8,900
3.2 Demolition Phase 1
Assumptions:
a. 8 hours of miscellaneous technician time (Registered Special
Inspector/Teclmician)
Cost Estimate:
a. $800
3.3 Dry Utilities
Assumptions:
GMU to provide backfill compaction testing.
a. Registered Special hispector /Technician on -site part -time — 4 hours /day for
20 working days = 80 man-hours
i. City inspectors to observe and approve utility line placement and shading
as well as rough oversight.
b. Lab testing
i. Compaction (2)
ii. Sand equivalent (4)
23, 2013 4 GMU Project 12- 095 -10
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Ms. Iris Lee, CITY OF NEWPORT BEACH
Proposal for Construction Observation and Testing Services, Marina Project
Cost Estimate:
a. $6,400
b. $ 900
Dray Subtotal: $7,300
3.4 Gradint
Assumptions:
a. Senior Geotechnical Technician/Inspector on -site full -time — 8 hours /day for
20 working days = 160 man -hours
i. GMU to provide main inspections and compaction testing.
ii. Terra Costa to provide check inspections.
iii. City inspectors to provide rough oversight.
b. Lab Testing
i. Compaction (2)
ii. Sieve analyses for potential import (2)
c. Professional Oversight/Project Management
i. 1 hour per week
ii. I site meeting/month
Cost Estimate:
a. $17,600
b. $ 900
c. $ 1,365
Grading Subtotal: $19,865
3.5 Demolition — Phase 2 — 20 Days
Assumptions
a. 8 hours of miscellaneous technician time (Registered Special
Inspector /Tecluucian)
Cost Estimate:
a. $640
October 23, 2013
GMTJ Project
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Ms. Iris Lee, CITY OF NEWPORT BEACH
Proposal far Constriction Observation and Testing Services, Marina Project
3.6 Foundations
Assumptions:
a. GMU to provide Registered Special Inspections only (Slab Subgrade, Foundation
— Footings and Grade Beams, Slabs, Reinforcing Steel and Concrete)
i. Registered Concrete Inspector— 152 man-hours
b. Concrete cylinders (32 Breaks — ODC Costs)
Cost Estimate:
a. $15,200
b. $ 896
Foundation Subtotal: $16,096
3.7 Steel
Assumptions:
a. GMU to provide Registered Special Inspection for bolting, welding, erection, and
ultrasonic testing
i. Full -time Registered Special Inspector /Technician (Registered
Steel/Welding Inspector) — 476 man -hours
ii. Ultrasonic Testing — 32 man -hours (special rate— ODC Costs)
Cost Estimate:
a.
i. $47,600
ii. $ 4,224
Steel Subtotal: $51,824
3.8 Envelope and MEPS
Assumptions:
a. GMU to provide miscellaneous inspections as requested (Registered Special
Inspector/Technician)
i. Inspections largely to be made by City Building and Safety Inspection Staff
ii. 16 man -hours
Cost Estimate:
a. $1,600
October 23, 2013
GMU Project
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Ms. Ris Lee, CITY OF NEWPORT BEACH
Proposal for Construction Observation and Testing Services, Marina Project
PACKAGE 4 — DOCKS CONSTRUCTION
Assumptions:
a. GMU to provide miscellaneous inspections as requested (Registered Special
InspectorlTechnici m)
i. Inspections largely to be made by City Building and Safety and/or Public
Works Inspection Staff
ii. 16 man-hours
Cost Estimate:
a. $1,600
AS- CONSTRUCTED REPORT
Option 1: Comprehensive As- Constructed Report
Cost Estimate: $8,600
Option 2: Construction Document Compilation
Cost Estimate: $3,800
COST SUMMARY
Package 1: $ 2,200
Package 2: $ 87,062
Package 3: $107,025
Package 4: $ 1,600
As- Constructed Report: $ 3,800 - $8,600
All work is proposed to be billed on a time -and- material basis in accordance with the Marina
Park fee schedule contained in Appendix A. Costs may vary depending on construction
schedule, quality of the work performed by the contractor, etc. (i.e., costs may be below or above
the total cost). However, we will keep an on -going record of costs and will not exceed the total
cost for any reason without your prior authorization.
October 23, 2013 7 GMU Project 12- 095 -10
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Ms. Irts Lee, CITY OF NTMPORT BEACH
Propmalfor Consimetion Observadon wid Testing Serviees, Aftrdha Project
Please do not hesitate to. call if you have any pestions regarding this inforrnatio4 or if you
would like to discus..s our qualifications in further detail.
gps112-095 -1 OP (10-23-0)
23, 2013
Respectfully submitted,
INC.
Gregru P� $Nve�le.Sc,, PE, GE
L
Registered n-ineel-47853
Regl9f6red ueo(dp6ibal Engineer 23M-
GMU Project 12-095-10
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EXHIBIT B
SCHEDULE OF BILLING RATES
GMU Geotechnical, Inc. Page B -1
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CW
GEOT €CHNICAL, INC.
MARINA PARK
SCHEDULE OF CHARGES
2013 -2014
(Prevailing Wage)
PROFESSIONAL SERVICES
Principal Engineer or Geologist
$ 225.00
/hour
Associate Engineer or Geologist
$ 195.00/hour
Senior Engineer or Geologist
$ 180.00/hour
Project Engineer or Geologist
$ 160.00
/hour
Staff Engineer or Geologist
$ 145.00/hour
Deposition/Testimony
$ 450.00/hour
Graphic Illustration/CADD
$ 100.00/hour
Document Preparation and Administrative Project Services
$ 85.00/hour
FIELD INSPECTION & TESTING SERVICES
Senior Geotechnical Technician/ Registered Special Inspector (No 4 hour minimamr) * $ 110.00/hour
• Minimum 20 years experience
• Multi- trained and certified technicians (Soils, Materials, and Specialty Inspections)
• Special training and experience with:
• SoiWGrading
• Rock/Stone Columns
• Sheet Piles
• Tie -backs
• Reinforced Concrete
• Pavement
• Piles
Registered Special Inspector/Technician (No 4 hour minimum)* $ 74.00/hour
• Certifications by ACI, ICC, City of Newport Beach
• Special inspections for:
• Reinforced concrete
• Masonry
• Steel/Welding
• All other requested tests
• Backfill Compaction Testing
*Notes:
(1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling.
(2) 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 (soils, aggregate, asphalt, etc.) Per Lab Fee Schedule
Outside Laboratory Services (concrete, grout, mortar, rebar, etc.) Cost+ 15%
Concrete Cylinder /Prism Breaks $28.00 /sample
OTHER CHARGES
Outside Services Cost+ 15%
Reimbursables Cost
OUTSIDE SPECIALTY TESTING
Ultrasonic Testing
$ 132.001hour
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GMU
GEOTECHNICAL,INC.
Marina Park Laboratory Testing Fee Schedule
2013 -2014
RAN�
fI.CjENTII�A3TI,QN � INDEj,'f2O,PR7ilESI
•s
Moisture Content
ASTM D 2216
$ 10
Moisture Content & Density 6 inch tube or rings)
ASTM D 2937
25
Moisture Content & Density (Shelby tube or requires cutting
ASTM D 2937
50
Atterberg Limits
ASTM D 4318
200
Single Point/Non-plastic
ASTM D 4318
100
Particle Size - Sieve 3/4" to - #200
ASTM D 422
200
- Hydrometer only
ASTM D 422
150
- Sieve & Hydrometer
ASTM D 422
300
Specific Gravity - Fine (passing #4
ASTM D 854
100
- Coarse retained on #4
ASTM C 127
100
% Passing # 200
ASTM D 1140
100
Total Porosity
100
Sand Equivalent
DOT CA
Test 217
100
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ui lr I P'rl��iCsli, P �;. ° i II. �I
H
DOT CA 643
35
Minimum Resistivity minimum of aims
DOT CA Test 643
75
Sulfate Content - Turbidimetric
DOT CA Test 417 /Part II
75
Chloride Content
DOT CA Test 422
50
Corrosion Suite H Resist_ivl Chloride Sulfate
DOT CA 417/422/643
200
S_NEaR�SiENrkl a
Aeu ' +1
S, mm,
I'm
Direct Shear 3 oints
ASTM D 3080
250
Residual Shear rice par pass after shear
Shear + 50%
orHand Trimming
or
of ens
per point)x{50
y/R�emp�oldin
�TV V'}V9
RsKrll!efYcliimTtLLl
ir',P :'
�19G v�i'rll l "�I .�iJ 'gIM�,e
li i iu't;il l'WNM ''N
R -Value
ASTM D 2844
250
Standard Proctor Compaction - 4 poInts
ASTM D 698
4 inch mold /6 inch mold
Methods A &B /Method C
250
Modified Proctor Compaction Max Density) - 4 point5
4 inch mold (6 inch mold
Method A & B Method C
250
Check Point
70
Correction of Soils w/ Oversize Particles
ASTM D 4718
25
x, C;ONS,QLIl7AT,l,OI�, A ELEaITJESTS
Consolidations
(includes up to 8loading increments w/ water up to 10 ksf &
unloading with 5train ✓s. P curve
ASTM D 2435
250
Time Reading & Curve per Increment
50
Expansion Index
ASTM D 4829
200
Swell /Collapse Test - Method A
(Up to 1O loading /unloading saturation increments w/o time
curves
ASTM D 4546 Method A
275
Single Load Swell /Collapse Test - Method e
(Seat, loao, and inundate only)
ASTM D 4546 Method B
150
Swell Colla se Test - Method C
ASTM D 4546 Method C
Collapse Potential of Soils
ASTM D 5333
)?LY,QI..AUL�kTE.S,TS -- ;t'$ �sli.'-
z3$a�df "i iaeis'r'{�
ad
Permeabili of Granular soils Constant Head)
ASTM D 2434
- Undisturbed Tube Sample
- Remolded Sam le
Triaxial Permeability in Flexible -Wall Permeameter with
Back pressure Saturation - at One Effective Stress
EPA 9100 /ASTM D 5084
(Falling Head Method C
- Each Additional Effective Stress
110
- Hand Trimming of Soil Samples for Horizontal K
50
- Daily charge for Long Term Tests (exceeds7 days )
50
Remolding of Test Specimens
50
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• e
N ,�,_Arxr qy rtF :rat � s; r3
P hrSIMON
l�
Asphalt by Ignition
ASTM D 2172
100
Asphalt by Ignition and Gradation
200
Unit Weight of Compacted Specimens /Paraffin Coated
ASTM D 2726/1188
60/80
Maximum Density (Hveem)
ASTM D1561
150
Maximum Density (Marshall)
250
LABOR TO Y,,,tCAGESk
Laboratory Technician
$ 100 /hour
Laboratory Manager/ Registered Engineer
$ 145 /hour
Principal Engineer
$ 225 /hour
"Fee schedule is for laboratory testing only. Report preparation or special services not shown will be billed at the
appropriate hourly rate.
2-
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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 officers, agents,
employees and volunteers.
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, one million dollars ($1,000,000) 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) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a 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
Agreement, including coverage for any owned, hired, non -owned or rented
GMU Geotechnical, Inc. Page C -1
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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 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 elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
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 and its officers, officials, employees, and agents 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:
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
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GMU Geotechnical, Inc. Page C -2
29 of 30
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.
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.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, 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 -3
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