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HomeMy WebLinkAboutC-8561-1 - On-Call PSA for Geotechnical and Material Testing ServicesGROUP DELTA March 23, 2021 City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Attention: Anna Baldenegro, PE Associate Civil Engineer Subject: Proposal to Provide Geotechnical Services for Mission Bay Drive Pavement Investigation Newport Beach, California Proposal No. IR21-024 Dear Anna, Group Delta Consultants, Inc. (Group Delta) is pleased to provide this proposal to the City of Newport Beach (City) to perform geotechnical services for the above referenced project. A project description, scope of work, schedule, and fee are discussed below. PROJECT DESCRIPTION The City is planning a street rehabilitation project for Mission Bay Drive. The City has requested coring and soil information at three locations noted below to investigate the existing condition of the pavement and subsurface soils. • 10 Mission Bay— in front of their carriage walk • 12 Mission Bay— in the middle of their driveway • 22 & 24 Mission Bay— between the properties on the PL in the street Based on the plans provided by the City, it is our understanding that the Back Bay Drive from approximately its intersection with Point Loma Drive to Spy Glass Hill Drive will be rehabilitated by Briding and overlaying 2 -inches of asphalt concrete. A small portion near Point Loma drive is planned to be reconstructed. SCOPE OF WORK Group Delta proposes the following scope of work: • Review existing data; 0 Perform site reconnaissance; Proposal Geotechnical Services March 23, 2021 Mission Bay Drive Pavement Investigation Page 2 Newport Beach, California Proposal No. IR21-024 • Obtain no fee encroachment permits • Clear utilities through DigAlert and review of available plans • Perform subsurface exploration program as requests consisting of three (3) borings to 4 feet below ground surface, where coring of the asphalt concrete will be performed to document the existing condition; • Perform laboratory testing for subsurface explorations to classify the soils and characterize engineering properties of soils for pavement design; • Preform engineering analysis to provide options for the reconstruction based on Highway Design Manual • Prepare pavement memorandum . Group Delta will observe and measure the depth of existing asphalt concrete (AC) pavement, aggregate base (if present), and collect samples to evaluate the pavement engineering properties of the site subgrade soils. It is estimated this will require one (1) day of exploratory borings using traffic control measures following the MUTCD, in coordination with City staff, to minimize impacts to traffic flows. It is assumed that no traffic control plans are required for the work and standard plans in the MUTCD are acceptable in the field. Bulk samples of the subgrade will be obtained below pavement sections. In-situ drive samples will be then collected at each location. Groundwater is not anticipated in the shallow borings based on our experience in this area, but will be measured and recorded if encountered. Borings will be backfilled with tamped soil cuttings and will be patched with rapid set concrete. The rapid set concrete will be dyed black to match the existing pavement. Our laboratory -testing program will be aimed at evaluating the index and pavement design properties of the site soils. The laboratory program will include the following types of tests: • Moisture/Density (ASTMD2937); • Grain Size (Sieve Analysis) (ASTM D422); • Atterberg Limits (ASTM D4318); and • R -Value (CT -301). The results of the field, laboratory, pavement evaluations will be presented in a pavement memorandum. The memorandum will contain a project description, site conditions, description of the soils and a summary of the engineering properties of the soils. The report will include a summary of the pavement condition and we will opine, if possible, on the cause of distress. Geotechnical recommendations for the pavement structural section will be provided for the proposed reconstruction in accordance with Caltrans Highway Design Manual. We will respond GROUP DELTA Proposal Geotechnical Services Mission Bay Drive Pavement Investigation Newport Beach, California Proposal No. IR21-024 March 23, 2021 Page 3 to one (1) round of review comments on the draft memorandum and submit a final memorandum. SCHEDULE We are prepared to start field work within one week following the receipt of your written authorization. Utility clearance requires a minimum of two (2) days prior to drilling. Our subsurface coring/hand-augering work can be completed in one day of fieldwork, and laboratory testing can be completed in two (2) weeks following completion of the field work. We estimate that our pavement memorandum will be issued about three (3) weeks after completion of the field work. We anticipate submittal of the final memorandum within one (1) week after receiving review comments, if provided. FEES As detailed in Table 1, Group Delta's fee for the above scope of work will be billed on a Lump Sum basis for the following tasks: • Geotechnical Investigation and Pavement Memorandum $10,490 Geotechnical services that we typically provide after the final submittal of our memorandum include field observation and soil/materials testing services during construction. Budgets for such services can be presented as the project progresses and have not been included. We request that the City and Client provide the following support prior to start of field work: • Right -of -entry onto the site. • A no fee Permit. • Underground utility plans and utility alignment/profile support from City staff. • Existing reports and construction documents. • Traffic Index (TI) values will be provided by others. Additionally, the budget estimate assumes the following: • No traffic control plans will be required, and traffic control will be in accordance with MUTCD. • Working hours are Monday to Friday between Sam to 5pm. • Falling Weight Deflectometer (FWD) and Ground Penetrator Radar (GPR) testing is not part of our scope of work. GROUP DELTA Proposal Geotechnical Services Mission Bay Drive Pavement Investigation Newport Beach, California Proposal No. IR21-024 CONCLUDING REMARKS March 23, 2021 Page 4 We look forward to working as your consultants on this project. Please feel free to call us if you have any questions on the contents of this proposal. If you accept the terms of this proposal and you wish us to perform the proposed services, please document your authorization to proceed by returning a countersigned copy of this letter or issuing some other type of written authorization. Sincerely, GROUP DELTA CONSULTANTS, INC. Michael J. Givens, PhD PE GE PG Associate Engineer Enclosure: Table 1 GROUP DELTA Accepted: Signature Name & Title Date J��^� �i/G a 3�3veyr TABLE 1 - COST ESTIMATE Geotechnical Services for Mission Bay Drive Newport Beach, California GDC Proposal No. IR21-024 GROUP DELTA IR20-024_Newport Beach—Mission Bay Pavement Investigation.xlsx COST TABLE 3/26/2021 PERSONNEL HOURS TOTALS c a� = iC ca .E c a Cn otNo TLv o L co z W O a N a o° cv a � tU Oo O Q N •O •� �°�v m DW Q Z OfC O O TASK DESCRIPTION con it F- F - Hourly Rate $245 $210 $195 $175 $145 $120 $90 $100 $70 TASK NAME Geotechnical Services 1 Review available information/permit 2 $290 $290 2 Coordination, Site Recon Investigation of Existing Conditions and Mark borings 8 $1,160 $1,160 3 Coring and hand augering (3 locations to 4 ft bgs, 1 day PW) 10 107 $2,650 $30 $300 $330 $2,980 4 Traffic Control for drilling (1 day, PW) $1,000 $1,000 $1,000 5 Laboratory Testing 2 10 $1,190 $1,190 6 Data Reduction 2 8 $1,580 $1,580 7 Engineering Analyses 2 4 $1,000 $1,000 8 Pavement Memorandum 2 6 $1,290 $1,290 1 IF 9,160 GROUP DELTA IR20-024_Newport Beach—Mission Bay Pavement Investigation.xlsx COST TABLE 3/26/2021 GROUP DELTA July 22, 2020 (revised July 28, 2020) City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attention: Robert Stein, PhD, PE Assistant City Engineer Subject: Proposal for Geotechnical Investigation and Recommendations San Diego Creek Trash Interceptor City of Newport Beach, California Group Delta Proposal No. IR20-045 Dear Dr. Stein, Group Delta Consultants, Inc. (Group Delta) is pleased to provide our proposal to the City of Newport Beach (herein referred to as Client) to perform a geotechnical investigation and provide foundation recommendations forthe proposed San Diego Trash Interceptor. Firm experience and resumes of key personnel were provided separately. The project description, proposed scope of work, schedule, and fee, are discussed below. PROJECT DESCRIPTION The City of Newport Beach is planning to install a water wheel -powered trash interceptor in the San Diego Creek to collect floating trash east of Jamboree Road before it enters the Newport Bay. The proposed location is shown in Figure 1. The trash interceptor system is composed of the following main components: • Trash Wheel structure is a floating platform with trash rakes, a conveyor belt, a roll -off trash container, solar panels, and has a 14 -foot steel water wheel that is powered by the current of the river • The trash wheel platform has vertical guide piles extending through the platform which secure the platform horizontally but allow it to move vertically with changing water levels; the pile design should consider site soil conditions, scour, and all relevant vertical and lateral forces such as storm flow, changes in water surface elevations, and seismic forces as applicable • Floating booms spread out from the Trash Wheel to the edge of the creek to direct trash to the structure Proposal for Geotechnical Investigation and Recommendations July 22, 2020 (revised July 28, 2020) San Diego Creek Trash Interceptor Page 2 Group Delta Proposal Number IR20-045 • Rail system on a pile supported pier that will transport the trash container from the Trash Wheel structure to land • Landside ingress/egress area for trash collection that will require minor grade changes and pavement SUBSURFACE CONDITIONS Based on our review of readily available geotechnical and geological data including information provided by the City of Newport Beach site is underlain by areas of artificial fill (Qaf), overlying Holocene to late Pleistocene young axial channel deposits (Qya) incised through Pleistocene old marine paralic deposits capped by thin alluvial fan deposits (Qopf). Based on review of the log of test borings (LOTBs) for adjacent bridges and published geologic maps, the Qaf material is located along the edge of the creek where the structure access will be constructed. Af is anticipated to be composed of medium dense to very dense sandy silt and silty sand with clay. Qya deposits in the creek include up to 10 feet of gravel, sand and silt mixtures overlying about 30 feet of soft silty clay (likely younger paralic marine bay or estuarine deposits, or "bay mud"), in turn overlying dense to very dense silty sand and clayey sand materials. KEY GEOTECHNICAL CONSIDERATIONS Key geotechnical conditions are: • The site is not mapped within an Alquist-Priolo (AP) Zone so fault rupture hazard is low • The site is located in a highly seismic environment and has a peak ground acceleration of 0.47g according to Caltrans ARS Online tool (which uses the probabilistic 975 -year return period uniform hazard spectrum based on the 2014 USGS National Hazard Map) • Site is prone to liquefaction based on review of existing subsurface data in the area and the site is in a State of California Liquefaction Hazard Zone • The site has a fairly thick layer of compressible and weak soft clay deposits: o Any substantial fills may cause longterm consolidation settlements o Due to the soft clay the piles will have low lateral capacities, and piles supporting vertical loads will need to extend through the poor clay soils into underlying materials o Due to soft clay and potentially liquefiable soils below the fill, lateral spreading displacements of the channel banks could occur in a major earthquake • The site is likely to be highly corrosive to steel and concrete due to near shore marine environment, chlorides, and possibly sulfates GROUP DELTA Proposal for Geotechnical Investigation and Recommendations San Diego Creek Trash Interceptor Group Delta Proposal Number IR20-045 SCOPE OF WORK Group Delta proposes the following scope of work: • Review existing data • Perform site reconnaissance July 22, 2020 (revised July 28, 2020) Page 3 • Prepare and submit an exploration plan and right of entry exhibits • Coordinate with design team and City for right of entry permits from Irvine Company and OC Flood; • Coordinate for a no fee City encroachment permit and obtain Orange County Well Permit • Clear utilities through DigAlert and review of available utility plans • Perform subsurface exploration consisting of a mud -rotary boring and two (2) cone penetration tests (CPTs) • Perform appropriate laboratory soil testing program for the subsurface explorations to classify the soils, assess corrosion potential, and characterize engineering properties • Coordinate with design team on foundation options and design objectives • Prepare a geotechnical investigation report presenting our findings and recommendations The subsurface investigation will consist of drilling one (1) mud -rotary boring and performing two (2) CPTs to a depth of 75 feet below ground surface or refusal, whichever is encountered first. The explorations will be completed along the existing embankment and Group Delta will coordinate any potential impacts to existing vegetation prior to starting field work. CPTs are proposed in conjunction with a boring to provide a more continuous profile of the soil stratigraphy (often missed by boring sampling frequency), immediate subsurface profiling to allow targeted sampling during the boring operations, and for quick access to soil engineering properties and liquefaction potential. Bulk samples and relatively undisturbed drive samples of representative soil layers will be obtained during drilling at appropriate depth intervals based on review of the CPT data (typically not exceeding 5 feet). Blow counts will be recorded for both standard penetration test (SPT -N value) and California Modified Samplers. Upon withdrawal from borings, the samples will be cleaned, the material will be classified visually, and the information will be entered a field boring log by the field engineer or geologist. Visual descriptions and classifications of samples will be performed in accordance with ASTM D2488 procedures. Samples will be sealed to prevent moisture loss, packed in appropriate protective containers, and transported to the laboratory for further evaluation. Soil samples will be handled and transported to our laboratory in accordance with ASTM D4220 guidelines. ��� GROUP DELTA Proposal for Geotechnical Investigation and Recommendations July 22, 2020 (revised July 28, 2020) San Diego Creek Trash Interceptor Page 4 Group Delta Proposal Number IR20-045 Completed borings will be backfilled with grout and surface will be restored to original condition. Asphalt will be patched if needed with black -dyed rapid set concrete. Excess soil cutting will be placed in 55 -gallon drums and properly disposed of offsite. This will require the drums to be temporarily stored on site while environmental testing is performed. We have included the cost to drum and dispose of the soils offsite. Our laboratory -testing program will be aimed at evaluating the physical, engineering, and chemical (corrosion) properties of the site soils. For planning purposes, we have considered the following types of tests, as appropriate: • In Situ Moisture Content and Density • Grain Size Analyses • Atterberg Limits • Unconsolidated Undrained Triaxial Compression • Expansion Potential • Corrosion (soluble sulfate and chloride concentration, pH and resistivity) • R -value The results of our engineering evaluations and laboratory testing will be presented in a geotechnical investigation report. This report will contain the following: • A project and site description • Plot plan showing the location of the exploratory explorations • Description of the geologic conditions and the general engineering characteristics of the subsurface materials underlying the site • Geotechnical recommendations including: o Pile design for the structure platform and rail system o Anchorage design options for trash booms o Passive and active earth pressures o Bearing capacity for crane mats o Site liquefaction and lateral spreading potential o Corrosion potential o Preliminary pavement design o Construction considerations Geotechnical investigation report will be prepared in accordance with Caltrans guidelines, Orange County Public Works guidelines and City requirements. We have assumed one (1) round of review comments on the draft report, followed by submittal of a final report. ��� GROUP DELTA Proposal for Geotechnical Investigation and Recommendations July 22, 2020 (revised July 28, 2020) San Diego Creek Trash Interceptor Page 5 Group Delta Proposal Number IR20-045 SCHEDULE We are prepared to start planning field work immediately upon receipt of your written authorization. Field work typically occurs within four (4) weeks of notice to proceed and is contingent on drilling subcontractor availability and encroachment permit approvals. Utility clearance requires a minimum of two (2) days prior to drilling. Our subsurface drilling and CPTs can be completed in two (2) days. Laboratory testing can be completed in two (2) weeks following completion of the drilling. We estimate that our draft report will be issued about five (5) weeks after completion of field work. We anticipate submittal of the final report within two (2) weeks after receiving report review comments, if provided. FEES As detailed in Table 1, Group Delta's fee for the above scope of work will be billed on a time and expense basis for a fee not -to -exceed $47,600. The work will be performed in accordance with our agreed upon terms and conditions dated July 10, 218. We will not exceed these fees unless we encounter significant unexpected problems or change of scope. In the event, we will discuss the situation with you before incurring any additional cost. The above fee includes services provided through final submittal of the report. Supplemental post -report design or construction services will be provided, as needed, on a time -and -material basis in accordance with our final contract agreement. ASSUMPTIONS AND SUPPORT NEEDED FROM CLIENT This proposal is based on the following assumptions and support to be provided by the client: • Site access, right of entry, and encroachment permit for boring and CPTs, including horse trail closures if needed; • Explorations will be conducted from the existing embankment and no grading will be performed to access locations; • Site plan and topographic map; • Underground utility plans; • Design loads will be provided; • The exploration program will require a total of 2 days in the field; • The soils have been assumed to be nonhazardous; and • Excess soils will be temporary stored on-site at a location approved by the client in 55 -gallon drums for chemical testing prior to disposal at an appropriate landfill. GROUP DELTA Proposal for Geotechnical Investigation and Recommendations July 22, 2020 (revised July 28, 2020) San Diego Creek Trash Interceptor Page 6 Group Delta Proposal Number IR20-045 CONCLUDING REMARKS We look forward to serving as your consultant on this project. Please feel free to call us if you have any questions on the contents of this proposal. The following are attached and complete this proposal: Figure 1 Table 1 Sincerely, GROUP DELTA CONSULANTS Site Location Map Cost Estimate Michael Givens, PhD, PE, GE, PG Associate Engineer/ Geotechnical Manager GROUP DELTA TABLE 1 - COST ESTIMATE Geotechnical Services for San Diego Creek Trash Interceptor City of Newport Beach, California Group Delta Proposal No. IR20-045 7/28/2020 IR20-045_Newport Beach—San Diego Trash Interceptor.xlsx TOTALS c c o CL CL y V 1 L Q n Cn N Cn tq O Z _ 10 Q 1C .0L M OO !d 0a +r ami U V J N = N C 0 N L .y mE m Z r H TASK DESCRIPTION a Q co a Cn U_ v Q a Cn Ov O Hourly Rate $245 $210 $195 $175 $145 $80 $100 $80 Geotechnical Investigation and Reporting Work Plan and review existing data 4 12 $2,940 $2,940 Coordination with Design Team and ROE Access OC Flood & Irvine Company 8 10 $3,430 $3,430 OC Well Permitting 4 $700 $1,200 $1,200 $1,900 Mark Boring/CPT Locations 6 $1,050 $1,050 Drilling, Sampling and CPTs (1 mud -rotary and 2 CPTsto 75 ft deep o refusal) 2 20 $3,920 $8,000 $8,000 $11,920 Lab Testing 25 $2,000 $2,000 Data reduction and analyses 4 10 30 20 $11,230 $11,230 Report Preparation 4 15 30 6 $9,980 $9,980 QA/QC, Meeting, Response to Comments, Project Admin. 2 6 8 $3,150 $3,150 Total 10 451 1 120 1 251 6 $38,400 $1,200 $8,000 $9,200 $47,600 7/28/2020 IR20-045_Newport Beach—San Diego Trash Interceptor.xlsx 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. ollows: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; 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 Group Delta Consultants, Inc. Page 2 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 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 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. Group Delta Consultants, Inc. Page 5 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 Group Delta Consultants, Inc. Page 6 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 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. Group Delta Consultants, Inc. Page 8 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 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 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 Controllinq 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 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] Group Delta Consultants, Inc. Page 12 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: 2.6m X' Aaron C. P4rp City Attorn y ATTEST:v Date- 1' 0�`O By. Leilani I. Brown City Clerk F c _Q F( - CITY OF NEWPORT BEACH, a California municipal corporation Date - B a,�518 arshall "DXy" Duffield Mayor CONSULTANT: Group Delta Consultants, Inc., a California corporation Date: By: Signed in Counterpart Michael Reader Chief Executive Officer Date: Signed in Counterpart 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 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: ,JµA)ll< 25t26Ift (1 By: Aaron C. a o,aS,kY City Atto r' CITY OF NEWPORT BEACH, a California municipal corporation Date: By: -- -- Marshall "Duffy" Duffield Mayor ATTEST: CONSULTANT: Group Delta Consultants, Date: _._ Inc., a California corporation Date: -4 - 6 - 2 o $ Leilani I. Brown Michael Reader City Clerk Chief Executive Officer Date: By: A.l a h hanbari 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 EXHIBIT SCOPE OF SERVICES Group Delta Consultants, Inc. Page A-1 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. EXHIBIT B SCHEDULE OF BILLING RATES Group Delta Consultants, Inc. Page B-1 �GROUP DELTA Group Delta Consultants, Inc. Prevailing Wage Schedule of Fees HOURLY CHARGES FOR PERSONNEL PROFESSIONAL SERVICES SeniorPrincipal...........................................................................................................................$295 Principal......................................................................................................................................$245 Associate.....................................................................................................................................$210 Senior..........................................................................................................................................$195 Project......................................................................................................................................... $175 SeniorStaff..................................................................................................................................$160 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 Drilled in Anchor Inspector.........................................................................................................$120 AWS/CWI QC-1............................................................................................................................$130 Structural Steel Welding & Bolting Inspector.............................................................................$120 Structural Steel Shop Inspector..................................................................................................$120 FireproofingInspector................................................................................................................$120 Wood Frame/Shear Inspector.....................................................................................................$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 FireproofingAdhesion 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 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): ............... $2/Hr. 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 PhotoIonization Detector...................................................................................................................................$35/hr. MilThickness Gauge ........................... .................. .................................................................................. .............. $20/hr. NuclearDensity Gauge ........................ ............................. ................... .................................................................. $8/hr. Skidmore.......................................................................................................................................................... $150/day Moisture Vapor Emission Test Kit....................................................................................................................... $65/ea. e.�, MOUP DELTA Page 2 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 $250 Non Plastic..............................................................$115 $220 Moisture Content (ASTM D2216) ............................................. $30 Sieve Analysis % Passing #200 Sieve (ASTM D1140) ................. $60 Sieve Analysis w/o Hydrometer (ASTM D422)... ..................... $120 Sieve Analysis w/ Hydrometer (ASTM D422) .......................... $210 pH of Soil (CTM 643).................................................................$45 $800 Soil Resistivity (CTM 643)..........................................................$90 $780 Soluble Sulfate (CTM 417) ........................................................ $45 Soil Chloride Content (CTM 422) .............................................. $65 Corrosivity Series; Sulfate, Chloride, pH, Resistivity Fine Aggregate Angularity (ASTM C1252) ................................ (CTM643, 417, 422) ................................................$245 Sand Equivalent (ASTM D2419) ................................................ Specific Gravity of Soil (ASTM D854) ...................................... $120 Unit Weight/Moisture Content, wax (ASTM D2937) ................$45 fine aggregate........................................................... Unit Weight/Moisture Content, coarse aggregate...................................................... Shelby tube (ASTM D2937) ....................................... $65 Unit Weight/Moisture Content, fine aggregate (ASTM C128) ..................................... ring sample (ASTM D2937) ....................................... $25 STRENGTH TESTS: Direct Shear, Residual (ASTM D3080) .....................................$800 $250 Direct Shear, Consolidated (ASTM D3080) .............................$265 $220 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 D4648) ................................................ $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 D4829) ................................................$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) $250 4" Mold................................................................... $220 4" with rock correction..............................................$235 $275 6" Mold................................................................... $250 6" with rock correction................................................$265 Maximum Density Check Point (ASTM D1557) ........................ $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) ...................................................... $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 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 D1188) ................................$40 $35 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 $330 Stabilometer /Hveem set of 3 (CTM 366) ................................ $360 Stabilometer Value Only, set of 3 without Unit Weight $65 (CTM 366)........................................................................$270 Bulk Sp. Gravity (Rice) (ASTM D2041) .......................................$160 Bulk Sp. Gravity (Rice) (CT309)................................................... $80 Asphalt ConcretelMF Verification..........................................Quote $375 Marshall Unit Weight (ASTM D1559), 3 plug average ..............$225 $120 Marshall Stability/Flow (ASTM D1560), set..............................$285 Percent Bitumen (CTM 382) .....................................................$125 $100 Percent Bitumen & Gradation of Extracted Sample (CTM 382/202) ............................$240 Film Stripping (CTM 302 ) .........................................................$235 HMA Moisture Content (CTM 371) ............................................. $40 Ignition Oven Correction Factor Aggregate and oil......................................................$780 Ignition Oven Correction Factor Aggregate and oil w/ RAP .........................................$900 HveemAC 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, $330 Set of 3 (ASTM C39/42) .............................................$330 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 ;. GROUP DELTA REINFORCED CONCRETE TESTS: (cont.) Tensile Strength, Splitting (ASTM C496) .........................$100 $35 Petrographic Analysis of Cementitious Mat..................Quote Cement Content Analysis of Conc. (ASTM C1084) ........ Quote Coefficient of Thermal Expansion.................................Quote $330 Concrete Trial Batch w/ lab testing...............................Quote STRUCTURAL MASONRY: Compressive Strength Prism, All Sizes, each.....................$120 $35 Compressive Strength of Masonry Block, Set of 3 (ASTM C140) ...................................... $360 Linear Shrinkage of Masonry Blk., 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............................................................................ $100 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) ...... $26S Brick Absorption Test (ASTM C67) S 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, S 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 Group Delta Consultants, Inc. Schedule of Fees LABORATORY TESTING, CONTINUED (unit cost) CONSTRUCTION MATERIALS STRUCTURAL STEEL: High Strength Bolt Testing (ASTM F606) Hardness, bolt, washer, or nut, each .................... $25 Bolt Wedge Tensile, each.......................................$75 $60 Bolt Proof Load, each.............................................$60 $230 Nut Proof Load, each.............................................$50 $15S Bolt Assembly Test Series, Set of 3 ......................$780 Quote Set -Up, if less than three bolts are submitted ....................... $80 Rebar, Tensile Test (ASTM A370) $160 No. 3 bar to No. 14 bar .......................................... $75 No. 18 bar............................................................ $200 Rebar, Bend Test (ASTM A370) ..............................................$55 $375 Welded Rebar— Hoops (CTM 670) ........................................$75 Quote Mechanically Spliced (CTM 670) $130 No. 3 bar to No. 14 bar ........................................$100 $200 No. 18 bar............................................................$200 $90 Slippage Test in Addition to Tensile, each ............. $75 Structural Steel, Tensile Test (ASTM A370) Quote 100kor less............................................................$85 101k-200k............................................................ $105 "k` 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) .................... $15S 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 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 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 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 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 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/11/18 Dept./Contact Received From: Raymund Date Completed: 7/24/18 Sent to: Raymund By: Jan Company/Person required to have certificate: Group Delta Consultants, Inc. Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/4/18 — 2/4/19 A. INSURANCE COMPANY: Starr Surplus Lines Insurance Company B. AM BEST RATING (A-: VII or greater): A / XV INSURANCE COMPANY: RLI Insurance Company C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does ❑ No D. not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? COMPLETED OPERATIONS ENDORSEMENT (completed E Operations status does not apply to Waste Haulers) ❑ Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City (What is limits provided?) its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ❑ No G. included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured H. HIRED AND NON -OWNED AUTO ONLY: is not limited solely by their negligence) Does endorsement ❑ Yes ❑ No include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 2/4/18 — 2/4/19 A. INSURANCE COMPANY: RLI Insurance Company B. AM BEST RATING (A-: VII or greater) A+ / XI C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A N Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A N Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: N N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: 0 N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 2/4/18 — 2/4/19 A. INSURANCE COMPANY: RLI Insurance Co B. C. D. E. F. G. H. AM BEST RATING (A-: VII or greater): A+ / XI ADMITTED Company (Must be California Admitted).- WORKERS' dmitted):WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM NOTICE OF CANCELLATION: ® Yes ❑ No ® Yes ❑ No $1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY 2/4/18-2/4/19 LEXINGTON INSURANCE COMPANY Rated: A/ XV, Non -Admitted Limits: $3M/$5M ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY VI BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/24/18 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval required for non -admitted General Liability and Professional Liability carriers 7/24/18 Risk Management approved use of non -admitted carriers. Approved: Risk Management * Subject to the terms of the contract. Date