HomeMy WebLinkAboutC-8087-2 - On-Call PSA for Geotechnical and Material Testing Servicesdwo "I I
V 1'V1 V
PAVEMENT
ENGINEERING
November 24, 2020
Mr. Alfred Castanon, PE
Associate Civil Engineer
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660 GMU Project 20-328-11
Project: City of Newport Beach — Via Lido Soud and Nord Water Main
Replacement Project (Project Nos. 20W12, Contract C-7645-2)
Subject: Proposal — Geotechnical Observation and Testing Services
Reference: Plans for Via Lido Soud & Nord Water Main Replacement Project
(C-7645-2, 20W 12)
Dear Mr. Castanon:
GMU is pleased to present this proposal to provide geotechnical observation and testing services
for the subject project. This project is located in the City of Newport Beach.
Our understanding of this project is based on our review of the referenced plans. We understand
that this project is anticipated to require some backfill compaction testing, aggregate base and
asphalt testing, and concrete cylinder fabrication. The project is anticipated to last 205 working
days anticipated to begin in November of 2020 go through July 2021.
SCOPE OF SERVICES
Our services will consist of as -requested part time / periodic observation and testing of soils,
asphalt concrete, and Portland cement concrete materials. The following bullets summarize our
proposed scope of services.
Soils, Aggregate Base, and AC: Where underlying soil or existing aggregate base is exposed
(i.e., bottom of localized aggregate base and AC repairs and/or curb/gutter/PCC replacement
areas), GMU will sample the backfill, aggregate base, and AC materials for various laboratory
tests and perform compaction testing. GMU will collect backfill soil and aggregate base
samples for maximum -density and optimum -moisture content tests for relative compaction
determination. Additional testing, such as sand equivalent and AC other tests can also be
performed upon request. GMU's Senior Engineering Technician will perform in-place density
(compaction) and moisture -content tests using a nuclear gauge (ASTM D6938).
Concrete Materials: A GMU Senior Engineering technician will perform field observations,
sampling, and fabricating of concrete compression cylinders as directed by the City of Newport
Beach. Concrete cylinders will be collected from the field and will be returned to our
laboratory for compression testing.
23241 Arroyo Vista
Rancho Santa Margarita I CA 92688
949.888.6513 1 FX: 949.888.1380 1 www.gmugeo.com
Mr. Alfred Castanon, CITY OF NEWPORT BEACH
Proposal to Provide Geotechnical Observation and Testing Services —
Via Lido Soud and Nord Water Main Replacement Project (Project No. 20W12, Contract C-7645-2),
City of Newport Beach, California
Project Management and Engineering Support: Material submittals provided to us will be
reviewed. The results of the laboratory tests will be prepared and presented in the laboratory
test results report. A final report will be prepared at the end of the project that consists of all
the daily field memos, laboratory test reports, density test locations/plans, and concrete
compression test results.
ESTIMATED FEE
We propose to provide the above outlined services on a time -and -materials basis in accordance
with our established on-call 2018-2021 City of Newport Beach Schedule of, including prevailing
wage rates for work subject to prevailing wage requirements.
City of Newport Beach
Via Lido Soud and Nord Water Main Replacement
ESTIMATED PROJECT TOTAL (TIME -AND -MATERIALS) $16,000.00
Note that GMU's scope and costs are highly dependent on the contractor's actual work schedule,
the scope of work and costs outlined in this proposal should be considered an estimate only and
additional budget may be required depending on the actual construction schedule or requests for
observation/sampling/testing services by the City.
Please notify us if the proposed scope of services does not meet your current needs, or if any
significant changes are made to the proposed project limits so that we can revise our scope of
services. Revision of the scope of services may affect the estimated fee.
Please do not hesitate to call if you have any questions regarding this information.
Attachment:
Sincerely,
GMU
Ro W. Sc p, MSc, E C81529
Dir ctor of Pavement Engine ring
Established On -Call City of Newport Beach 2018-2021 Schedule of Charges
rws/ 20-328-11 (11/24/2020)
November 24, 2020 Page 2 of 2 GMU Project 20-328-11
GMLJ
GEOTECHNICAL, INC.
CITY OF NEWPORT BEACH
2018-2021 SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
Staff Engineer or Geologist $ 130.00/hour
Senior Staff Engineer or Geologist $ 170.00/hour
Project Engineer or Geologist $ 195.00/hour
Associate Engineer or Geologist $ 230.00/hour
Principal/Director $ 260.00/hour
Deposition/Testimony $ 550.00/hour
CAD, GIS, and Geo -BIM Design $ 115.00/hour
Document Preparation and Project Services $ 90.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Soils Engineering Technician (Non -Prevailing Wage) $ 97.00/hour*
Staff Soils Engineering Technician (Prevailing Wage) $ 107.00/hour*
• Services provided under direct supervision of a Senior Soils Engineering Technician
Senior Soils Engineering Technician (Non -Prevailing Wage) $ 115.00/hour*
Senior Soils Engineering Technician (Prevailing Wage) $ 125.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (Non -Prevailing Wage) $ 115.00/hour*
Registered Special Inspector (Prevailing Wage) $ 125.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
*Notes:
► No 4 -hour minimum charges apply.
► Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project
in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays.
LABORATORY TESTING SERVICES
Laboratory Testing $ 115.00/hour
(For materials testing and laboratory costs on a per -test basis, see GMU s Laboratory Fee
Schedule)
OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost
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V ITI V
PAVEMENT
ENGINEERING
October 30, 2020
Mr. Alfred Castanon, PE
Associate Civil Engineer
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660 GMU Project 20-328-10
Project: City of Newport Beach — Water Transmission Main (Phase II)
Valve Replacement Projects (Project Nos. 18W12 and 19W13,
Contract C-7539-3)
Subject: Proposal — Geotechnical Observation and Testing Services
Reference: Plans for Water Transmission Main (Phase II) Valve Replacement
Projects (Project Nos. 18W12 and 19W13, Contract C-7539-3).
Dear Mr. Castanon:
GMU is pleased to present this proposal to provide geotechnical observation and testing services
for the Water Transmission Main (Phase II) Valve Replacement Projects (Project Nos. 18W12 and
19W13, Contract C-7539-3). These projects are located throughout the City of Newport Beach.
Our understanding of this project is based on our review of the referenced plans. We understand
that this project is anticipated to require some backfill compaction testing, aggregate base and
asphalt testing, and concrete cylinder fabrication on each site and both projects are anticipated to
last 152 working days each for a total of 304 working days estimated to begin in November of
2020 through June of 2022.
SCOPE OF SERVICES
Our services will consist of as -requested part time / periodic observation and testing of both soils
and concrete materials. The following bullets summarize our proposed scope of services. We have
developed our scope, testing frequencies, and assumed durations, summarized as follows:
Soils, Aggregate Base, and AC: Where underlying soil or existing aggregate base is exposed
(i.e., bottom of localized aggregate base and AC repairs and/or curb/gutter/PCC replacement
areas), GMU will sample the backfill, aggregate base, and AC materials for various laboratory
tests and perform compaction testing. GMU will collect backfill soil and aggregate base
samples for maximum -density and optimum -moisture content tests for relative compaction
determination. Additional testing, such as sand equivalent and AC other tests can also be
performed upon request. GMU's Senior Engineering Technician will perform in-place density
(compaction) and moisture -content tests using a nuclear gauge (ASTM D6938).
• Concrete Materials: A GMU Senior Engineering technician will perform field observations,
sampling, and fabricating of concrete compression cylinders as directed by the City of Newport
23241 Arroyo Vista
Rancho Santa Margarita I CA 92688
949.888.6513 1 FX: 949.888.1380 1 www.gmugeo.com
Mr. Alfred Castanon, CITY OF NEWPORT BEACH
Proposal to Provide Geotechnical Observation and Testing Services —
Water Transmission Main (Phase II) Valve Replacement Projects (Project Nos. 18W12 and 19W13, Contract C-7539-3),
City of Newport Beach, California
Beach. Concrete cylinders will be collected from the field and will be returned to our
laboratory for compression testing.
Project Management and Engineering Support: Material submittals provided to us will be
reviewed. The results of the laboratory tests will be prepared and presented in the laboratory
test results report. A final report will be prepared at the end of the project that consists of all
the daily field memos, laboratory test reports, density test locations/plans, and concrete
compression test results.
ESTIMATED FEE
We propose to provide the above outlined services on a time -and -materials basis in accordance
with our established on-call 2018-2021 City of Newport Beach Schedule of, including prevailing
wage rates for work subject to prevailing wage requirements.
City of Newport Beach
Water Transmission Main (Phase II) Valve Replacement Projects
ESTIMATED PROJECT TOTAL (TIME -AND -MATERIALS) $40,000.00
Note that GMU's scope and costs are highly dependent on the contractor's actual work schedule,
the scope of work and costs outlined in this proposal should be considered an estimate only and
additional budget may be required depending on the actual construction schedule or requests for
observation/sampling/testing services by the City.
Please notify us if the proposed scope of services does not meet your current needs, or if any
significant changes are made to the proposed project limits so that we can revise our scope of
services. Revision of the scope of services may affect the estimated fee.
Please do not hesitate to call if you have any questions regarding this information.
Sincerely,
GMU
VVi6 J
Ro W. Schlierkamp, MSc,rring
29
arc�L►F°�' Dir ctor of Pavement Engine
Attachment:
Established On -Call City of Newport Beach 2018-2021 Schedule of Charges
dra/rws/ 20-328-10 (10/30/2020)
October 30, 2020 Page 2 of 2 GMU Project 20-328-10
GMLJ
GEOTECHNICAL, INC.
CITY OF NEWPORT BEACH
2018-2021 SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
Staff Engineer or Geologist $ 130.00/hour
Senior Staff Engineer or Geologist $ 170.00/hour
Project Engineer or Geologist $ 195.00/hour
Associate Engineer or Geologist $ 230.00/hour
Principal/Director $ 260.00/hour
Deposition/Testimony $ 550.00/hour
CAD, GIS, and Geo -BIM Design $ 115.00/hour
Document Preparation and Project Services $ 90.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Soils Engineering Technician (Non -Prevailing Wage) $ 97.00/hour*
Staff Soils Engineering Technician (Prevailing Wage) $ 107.00/hour*
• Services provided under direct supervision of a Senior Soils Engineering Technician
Senior Soils Engineering Technician (Non -Prevailing Wage) $ 115.00/hour*
Senior Soils Engineering Technician (Prevailing Wage) $ 125.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (Non -Prevailing Wage) $ 115.00/hour*
Registered Special Inspector (Prevailing Wage) $ 125.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
*Notes:
► No 4 -hour minimum charges apply.
► Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project
in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays.
LABORATORY TESTING SERVICES
Laboratory Testing $ 115.00/hour
(For materials testing and laboratory costs on a per -test basis, see GMU s Laboratory Fee
Schedule)
OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost
Al""I I
V 1'V1 V
PAVEMENT
ENGINE ERIN❑
April 28, 2020
Ms. Patricia Kharazmi, PE
Associate Civil Engineer
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660 GMU Proposal 19-239-1OP
Project: City of Newport Beach — Cameo Highlands Street Reconstruction Project
(20R21, Contract No. 7067-2)
Subject: Proposal — Quality Assurance Observation and Testing Services
Reference: Plans and Specifications for Cameo Highlands Street Reconstruction
Project (20R21, Contract No. 7067-2), signed March 24, 2020.
Dear Ms. Kharazmi,
GMU is pleased to present this proposal to provide quality assurance (QA) observation and testing
services for the Cameo Highlands Street Reconstruction project. This project is located within the
Cameo Highlands neighborhood, north of the East Coast Highway (ECH) and Cameo Highlands
Drive intersection in the City of Newport Beach.
Our understanding of this project is based on our review of the referenced plans and specifications.
We understand that this project is anticipated to take place over approximately 90 consecutive
working days and anticipated to start in late June 2020. In summary, improvements generally
include various concrete replacements (cross gutter, driveway approaches, sidewalks), 12 -inch
deep excavations, installation of Mirafi RS580i geotextile, 8 -inch thick crushed misc. base, and 4 -
inch thick AC.
SCOPE OF SERVICES
Our services will consist of part time / periodic observation and testing of various materials. The
following bullets summarize our proposed scope of services. We have developed our scope, testing
frequencies, and assumed durations, summarized as follows:
Test Strip Construction Support: It is our understanding that a test strip will be constructed
to evaluate the subgrade stabilization strategy (i.e., use of geotextile and construction of 8 to
12 inches of CMB). GMU will collect samples from the test strip area for various laboratory
tests (moisture content, subgrade soil classification, and maximum -density & optimum -
moisture content) to characterize the test strip area. In-place density of the subgrade and
aggregate base materials will be tested using a nuclear gauge.
23241 Arroyo Vista
Rancho Santa Margarita I CA 92688
949.888.6513 1 FX 9498881380 1 www.gmugeo.com
Ms. Patricia Kharazmi, CITY OF NEWPORT BEACH
Proposal to Provide Materials Observation and Testing Services — Cameo Highlands Street Reconstruction (7067-2,
20R21) Project, City of Newport Beach, California
Soils: Where underlying soil or existing aggregate base is exposed (i.e., bottom of the
excavations), GMU will sample the material for various laboratory tests and perform
compaction testing. Laboratory testing will include maximum -density and optimum -moisture
content tests for relative compaction determination. Additional testing, such as R -value, sand
equivalent, corrosivity, and other tests can also be performed upon request. GMU's Senior
Engineering Technician will perform in-place density (compaction) and moisture -content tests
using a nuclear gauge (ASTM D6938).
o Duration: Our budget includes 80 hours of observation/testing/sampling by a
GMU Senior Engineering Technician.
o Laboratory Testing: We have assumed six (6) maximum -density and optimum -
moisture content tests (ASTMD1557) will be performed.
Asphalt Concrete Materials : A GMU Senior Engineering technician will perform field
observations, sampling, and testing of AC base and AC surface materials, including
measurement of in-place density using a nuclear gauge (ASTM D2950), as well as monitor
temperatures, mix appearance, lift thicknesses, and general AC paving operations. Samples
collected from the field and/or plant will be returned to our Caltrans -certified laboratory for
various tests.
o Duration: Our budget includes 80 hours of observation/testing/sampling by a
GMU Senior Engineering Technician.
o Laboratory Testing: Four (4) Hveem Stability (CT 304/366), four (4) Hveem
maximum density (CT 308), eight (8) asphalt binder content (CT 382), eight (8)
extracted gradation (CT 202) tests to evaluate approximately 5,000 tons ofAC base
course and 3, 000 tons ofAC surface course materials.
Project Management and Engineering Support: Roger Schlierkamp, Director of Pavement
Engineering, will manage and oversee the quality assurance aspects of this project, including
attendance of pre -construction and field meetings. His experience includes managing a number
of similar past municipal asphalt pavement projects as the Quality Assurance Manager and he
possesses a thorough understanding of the construction observation and testing as it relates to
quality assurance. Material submittals provided to us will be reviewed. The results of the
laboratory tests will be prepared and presented in the laboratory test results report. A final
report will be prepared at the end of the project that consists of all the daily field memos,
laboratory test reports, density test locations/plans, and our certifications.
April 28, 2020 Page 2 of 3 GMU Project 19-239-1OP
Ms. Patricia Kharazmi, CITY OF NEWPORT BEACH
Proposal to Provide Materials Observation and Testing Services — Cameo Highlands Street Reconstruction (7067-2,
20R21) Project, City of Newport Beach, California
ESTIMATED FEE
We propose to provide the above outlined services on a time -and -materials basis in accordance
with our established on-call 2018-2021 City of Newport Beach Schedule of, including prevailing
wage rates for work subject to prevailing wage requirements.
City of Newport Beach
Bonita Canyon Drive and Ford Road Rehabilitation
ESTIMATED PROJECT TOTAL (TIME -AND -MATERIALS) $39,760.00
Note that GMU's scope and costs are highly dependent on the contractor's actual work schedule,
means -and -methods, efficiency, as well as the duration or amount of observation, sampling, and
testing that may be requested by the City. Given this, the scope of work and costs outlined in this
proposal should be considered an estimate only and additional budget may be required depending
on the actual construction schedule or requests for observation/sampling/testing services by the
City.
Please notify us if the proposed scope of services does not meet your current needs, or if any
significant changes are made to the proposed project limits so that we can revise our scope of
services. Revision of the scope of services may affect the estimated fee.
The proposed scope of services is consistent with the level of care and skill ordinarily exercised
by engineering professionals with experience in this area. No warranty, either expressed or
implied, is made.
Please do not hesitate to call if you have any questions regarding this information.
Sincerely,
�QRafsssroGMU
g 081529
C R er W. Schlierkamp, MS , PE C81529
Director of Pavement Engineering
Attachments:
• Established On -Call City of Newport Beach 2018-2021 Schedule of Charges
• AMRL and Caltrans Certifications
rws/ 19-239-1OP(4/28/2020)
April 28, 2020 Page 3 of 3 GMU Project 19-239-1OP
GMLJ
GEOTECHNICAL, INC.
CITY OF NEWPORT BEACH
2018-2021 SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
Staff Engineer or Geologist $ 130.00/hour
Senior Staff Engineer or Geologist $ 170.00/hour
Project Engineer or Geologist $ 195.00/hour
Associate Engineer or Geologist $ 230.00/hour
Principal/Director $ 260.00/hour
Deposition/Testimony $ 550.00/hour
CAD, GIS, and Geo -BIM Design $ 115.00/hour
Document Preparation and Project Services $ 90.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Soils Engineering Technician (Non -Prevailing Wage) $ 97.00/hour*
Staff Soils Engineering Technician (Prevailing Wage) $ 107.00/hour*
• Services provided under direct supervision of a Senior Soils Engineering Technician
Senior Soils Engineering Technician (Non -Prevailing Wage) $ 115.00/hour*
Senior Soils Engineering Technician (Prevailing Wage) $ 125.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (Non -Prevailing Wage) $ 115.00/hour*
Registered Special Inspector (Prevailing Wage) $ 125.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
*Notes:
► No 4 -hour minimum charges apply.
► Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project
in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays.
LABORATORY TESTING SERVICES
Laboratory Testing $ 115.00/hour
(For materials testing and laboratory costs on a per -test basis, see GMU s Laboratory Fee
Schedule)
OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost
AASH O
A C C R E D I T E D
CERTIFICATE OF
ACCREDITATION
GMU Geotechnical, Inc.
in
AMERICAN ASSOCIATION
nc STATF HIGHWAY •No
COALS
AASH O
Rancho Santa Margarita, California, USA
has demonstrated proficiency for the testing of construction materials and has conformed to the requirements established in
AASHTO R 18 and the AASHTO Accreditation policies established by the AASHTO Committee on Materials and Pavements.
The scope of accreditation can be viewed on the Directory of AASHTO Accredited Laboratories (aashtoresource.org).
J�
Tymon,
AASHTO Executive Director
Moe Jamshidi,
AASHTO COMP Chair
This certificate was generated on 03/11/2020 at 6:11 PM Eastern Time. Please confirm the current accreditation status of this laboratory at
aashtoresource.org/aap/accreditation-directory
SIAD TL -0113: CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT
STATE OF CALIFORNIA
i A i
CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT
Expiration Date: 2020-03-06
Inspected By: Ashley Shaw
IA No.: 68
Phone: 949-279-8731
RSP #: 104
File: Material Category 500
Laboratory: GMU Geotechnical Inc.
Address: 23241 Arroyo Vista Rancho Santa
Margarita CA, 92688
Lab QC Mgr.: Mike Moscrop
E-mail: mmoscrop@gmugeo.com
Telephone: 949-888-6513
Fax #,: 949-888-1380
A certified Independent Assurance (IA) visited this
laboratory on (Date) b MarLk 2Q 1 `j
Only the equipment to be used on Caltrans Construction
projects and/or local construction projects on the
National Highway System was checked for qualification.
At the time of Caltrans Accreditation, this laboratory had
all necessary equipment to perform the test methods
indicated below.
Testing personnel shall be Caltrans Qualified and
possess a current Caltrans Certification Form TL -0111
or AASHTO Proficiency Form TL -0115 prior to
performing any sampling or testing.
CT 105
CT 106
CT 125 ADMIX
CT 125 AGG
CT 125 BIT
CT 125 GEN
CT 125 HMA
CT 125 PCC
CT 201
CT 202
CT 204
CT 205
CT 206
CT 207
CT 209
CT 216
CT 217
CT 226
CT 227
CT 231
CT 301
CT 304
CT 308
CT 309
CT 366
CT 375
CT 382
CT 504
CT 518
CT 533
CT 539
CT 540
CT 541
CT 556
CT 557
A visual check was performed and documents provided as necessary for the following items:
Facility Safety Manual
\ Laboratory Procedures Manual
\ Laboratory Quality Control Manual
\ Proper test equipment
Copies of current applicable test procedures
\ Calibration and service documentation
Calibration stickers afried to test equipment
(dated within the 12 months)
On -!J(.,1101 , this laboratory was Caltrans Qualified by:
�shl�y R s kap
(Printed name of IA person)
-Oj�R -�.
(Signature &t IA person)
Please verify lab accreditation by visiting SIAD website: https://sia.dot.ca.gov/
Page 1/1
July 11, 2019
Revised (9-24-2019)
Ms. Anna Luz R. Baldenegro, PE
Associate Civil Engineer
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, CA 92660 GMU P-19133
Subject: Proposal to Provide Construction Observation and Testing, Sewer Main Lining
and Repairs (C-7538-1), City of Newport Beach, CA
Reference: Specifications, City of Newport Beach Public Works Department, Sewer Main
Lining and Repairs (C-7538-1), prepared by Walden & Associates, dated June 3,
2019.
Addendum 1 Specifications, City of Newport Beach Public Works Department,
Sewer and Storm Drain Systems Rehabilitation Project, Contract No. 7538-1, dated
June 27, 2019.
Addendum 2 Specifications, City of Newport Beach Public Works Department,
Sewer & Storm Drain Systems Rehabilitation Project, Contract No. 7538-1, dated
July 3, 2019.
Dear Ms. Baldenegro:
GMU Geotechnical, Inc. (GMU) is pleased to submit this revised proposal and budget estimate to
provide observation and testing services for the subject project. Our proposal and budget estimate
is based on the above -referenced documents, and assumed construction schedule based on our
experience with similar projects. In addition, this proposal has been revised as requested by you to
limit our scope of work and observation and testing in order to meet the City's budget. The
following locations are anticipated to receive repair to existing lines:
• Task Area 1 — E Coast Hwy & Cameo Highlands Dr.
• Task Area 5 — 10"' Street
• Area 6 —
line R08
011
• Area 9 —
line L31_056
• Area 14
— line L31_035
• Area 21
— line FO1_134
• Area 23
— line E 18
121
23241 Arroyo Vista
Rancho Santa Margarita I CA 92688
949.888.6513 1 FX: 949.888.1380 1 wwwgmugeo.com
Ms. Anna Luz R. Baldenegro, CITY OF NEWPORT BEACH
Proposal to Provide Construction Observation and Testing, Sewer Main Lining and Repairs (C-7538-1), City of
Newport Beach, California
SOILS TECHNICIAN, AND LABORATORY TESTING SERVICES
Assumptions
• GMU will provide a senior engineering technician during placement of bedding material
and backfill within repair areas.
• GMI will provide a senior engineering technician during placement of aggregate base and
asphalt concrete pavement.
• Samples will be collected and materials testing will be performed in accordance with the
project plans, specifications, City of Newport Beach requirements, and Chapter 17 of the
CBC.
Scope of Work
1. Provide the service of a Senior Engineering Technician on as -needed basis during the
placement of backfill.
2. Provide the services of a Senior Engineering Technician on as -needed basis during
placement of aggregate base for pavements.
3. Provide the services of a Senior Engineering Technician on as -needed basis during AC
placement, when requested.
4. Perform the necessary laboratory testing to support geotechnical field density testing.
5. Provide the services of a Registered Geologist/Engineer to supervise the project
(i.e., support our field technician, attend project meetings, review data, prepare project
correspondence, etc.).
Performance Schedule
Our cost estimate below assumes that the grading and on-site construction (geotechnical and
special inspection) operations will be performed in a time -efficient manner without overtime. Our
cost was developed based on an assumed schedule and our experience with similar projects. If a
construction schedule becomes available, please provide us with a copy for our review in order to
adjust our estimate accordingly.
July 12, 2019 2 GMU P 19133
Revised September 24, 2019
Ms. Anna Luz R. Baldenegro, CITY OF NEWPORT BEACH
Proposal to Provide Construction Observation and Testing, Sewer Main Lining and Repairs (C-7538-1), City of
Newport Beach, California
Cost Estimates
Task Personnel Estimated Cost
Hours
Backfill of Repaired Lines Senior Engineering Technician 40 $5,000
Aggregate Base Testing Senior Engineering Technician 20 $2,500
Asphalt Concrete placement Senior Engineering Technician 30 $3,750
Laboratory Testing Laboratory Technician 13 $1,495
Project Management Project Manager/Engineer 10 $1,950
support/oversight/review field
dailies/coordination
Total Estimate (T&M) Cost: $14,695
The proposed construction services will be provided on a time -and -expense basis in accordance
with our attached Schedule of Charges. In the event that our scope of work exceeds that described
above, or if additional manhours are required due to project delays or contractors' inefficiencies,
or if our assumed schedule is different than the contractor's schedule, we will contact you to
determine how you would like to proceed prior to providing additional services.
We note that our estimate does not utilize the 4 and 8 -hour minimum. Our billing will be based
on actual hours worked. In addition, our hourly rate is all inclusive. There will not be hidden
or additional fees for vehicle usage, mileage, equipment, etc.
We thank you for the opportunity to submit this cost proposal. Please do not hesitate to contact
the undersigned if you have any questions regarding this proposal.
Respectfully submitted,
GMU GEOTECHNICAL, INC.
<–,—
Nadim Sunna, M.Sc., QSP, PE
Project Manager/ Senior Engineer
Attachment(s): 2018-2021 Schedule of Charges
July 12, 2019 3 GMU P 19133
Revised September 24, 2019
GMLJ
GEOTECHNICAL, INC.
CITY OF NEWPORT BEACH
2018-2021 SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
Staff Engineer or Geologist $ 130.00/hour
Senior Staff Engineer or Geologist $ 170.00/hour
Project Engineer or Geologist $ 195.00/hour
Associate Engineer or Geologist $ 230.00/hour
Principal/Director $ 260.00/hour
Deposition/Testimony $ 550.00/hour
CAD, GIS, and Geo -BIM Design $ 115.00/hour
Document Preparation and Project Services $ 90.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Soils Engineering Technician (Non -Prevailing Wage) $ 97.00/hour*
Staff Soils Engineering Technician (Prevailing Wage) $ 107.00/hour*
• Services provided under direct supervision of a Senior Soils Engineering Technician
Senior Soils Engineering Technician (Non -Prevailing Wage) $ 115.00/hour*
Senior Soils Engineering Technician (Prevailing Wage) $ 125.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (Non -Prevailing Wage) $ 115.00/hour*
Registered Special Inspector (Prevailing Wage) $ 125.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
*Notes:
► No 4 -hour minimum charges apply.
► Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project
in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays.
LABORATORY TESTING SERVICES
Laboratory Testing $ 115.00/hour
(For materials testing and laboratory costs on a per -test basis, see GMU s Laboratory Fee
Schedule)
OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost
GEOTECHNICAL, INC.
October 5, 2018
(Revised October 11, 2018)
Ms. Kathryne Cho
Civil Engineer
CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
100 Civic Center Drive
23241 Arroyo Vista
Rancho Santa Margarita
CA 92688
voice: 949.888,6513
fax: 949.888.1380
web: wvvw.gmugeo.com
Newport Beach, CA 92660 GMU Proposal P-18183
Subject: Proposal to Provide Geotechnical Investigation and Design Services, and Construction
Observation and Testing, Grant Howald Park Rehabilitation (I 9P 11), Newport Beach,
California
IIIINIMI&MMT141
GMU Geotechnical, Inc. (GMU) is pleased to submit this proposal to provide to provide geotechnical
investigation and design services, and construction observation and testing services for the proposed Grant
Howald Park Rehabilitation project in the City of Newport Beach, California.
Our proposal is based on our review of the request for proposal (RFP) from the City of Newport Beach and
correspondence with you on October 1, 2018.
We understand that the project consist of rehabilitation the existing Grant Howald Park by replacing the
existing turf with synthetic turf field system, reconfiguring fencing, installing new landscape and hardscape,
and relocating retaining walls. The relocation and height of the retaining walls were unknown at the time this
proposal was prepared. On this basis, and for the purpose of preparing this proposal, we have assumed the
retaining walls are 6 feet or less in height.
This proposal is valid for a period of ninety (90) days. We appreciate the opportunity to submit our
proposal for your important projects. Should you have any questions regarding anything contained within this
proposal, please feel free to contact Mr. Nadim Sunna directly at 949-546-0090.
Sincerely,
GMU GEOTECHNICAL, INC. Q IS8IOA1,
T.
C 84197
Nadim Sunna, M.Sc., P.E. 84197 OF fr"A�\�
Project Geotechnical Engineer
Ms. Kathryne Cho, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
Proposal. Provide Geotechnical Investigation and Design Services, and Construction Observation and Testing, Grant
Howald Park Rehabilitation (19P11), Newport Beach, California
Table of Contents
1. Personnel .............................
2. Qualifications Information..
3. Project -Specific Experience
4. Geotechnical Report Scope.
5. Budget Estimate ..................
Attachment:
City of Newport Beach 2018-2021 Schedule of Charges
October 5, 2018 ii GMU Proposal P-18183
(Revised October 11, 2018)
1
2
3
4
6
Ms. Kathryne Cho, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
Proposal. Provide Geotechnical Investigation and Design Services, and Construction Observation and Testing, Grant
Howald Park Rehabilitation (191`11), Newport Beach, California
1. Personnel
Nadim Sunna, MS, PE has over 7 years of experience within the
geotechnical engineering and material testing and inspection industry.
Nadim has managed material and testing projects throughout Southern
California from Public Works streets improvements projects to private
high-rise buildings in the City of Los Angeles. His geotechnical
engineering background and knowledge of Chapter 17 of the California
Building Code enables him to effectively provide the project the
attention it needs to be constructed in accordance with the project
construction documents and in an economic way with respect to the
inspection and testing services. Nadim also has exclusive and extensive
experience in provide geotechnical design and construction oversight
during construction and rehabilitation of parks and sports field in
Southern California, in particular to the installation of synthetic fields.
Gregory P. Silver, MS, PE, GE possesses extensive experience since
1989 working for numerous Cities serving in the capacity as the City's
Geotechnical Engineer. A sampling of these Cities includes Laguna
Niguel, Chino Hills, Mission Viejo, Newport Beach, Dana Point, Malibu,
Moorpark, Rancho Palos Verdes, Vista, Agoura Hills, Palos Verdes
Estates, and Hidden Hills. Mr. Silver's experience within these
municipalities includes pavement design, review work, policy
establishment, geotechnical design for City projects, management of
inspection and testing for public works projects, landslide disaster
response, coordination with FEMA and other state and federal agencies,
and legal/forensic representation.
October 5, 2018
(Revised October 11, 2018)
"Nadim Sunna, VIS, PE 84197
Project Geotechnical Engineer
Project tl1lanager/ Engineer
Gregory Silver, VIS, PE
47853, GE 2336
G VU% s President and
Principal Engineer
QC-IQA Reviewer
GMU Proposal P-18183
Ms. Kathryne Cho, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
Proposal: Provide Geotechnical Investigation and Design Services, and Construction Observation and Testing, Grant
Howald Park Rehabilitation (19P11), Newport Beach, California
2. Qualifications Information
Information regarding GMU's experience and qualifications related to projects similar to those that the
City of Newport Beach requires are presented within this section.
I GEOTECHNICAL DESIGN SERVICES
Located in Rancho Santa Margarita, CA, GMU's office houses a 42 -person team of highly qualified
professional engineers and geologists with experience in all phases of geotechnical engineering, pavement
engineering, and engineering geology. GMU's staff includes:
• 8 professional and geotechnical engineers licensed in California
• 5 certified engineering geologists licensed in California
IGEOTECHNICAL AND MATERIALS TESTING LABORATORY
GMU maintains a complete in-house geotechnical and materials testing laboratory. Our laboratory equipment
is continually updated and calibrated to meet the most current specifications. Our laboratory is approved by
AASHTO/AMRL, Caltrans, City of Los Angeles, and the County of Orange Materials Testing Division.
Testing will be performed in accordance to California Test Methods (CTM), American Society for Testing
and Materials (ASTM), and American Association of State Highway and Transportation Officials
(AASHTO). Our laboratory complies with the County of Orange Standards and Procedures, Greenbook
Specifications, Caltrans Standards, ASTM Standards, AASHTO Standards, and APWA Standards. GMU
team also holds Concrete and Cement Reference Laboratory (CCRL) accreditation.
CONLMITMENT TO QUALITY
GMU ensures quality laboratory services with state-of-the-art equipment, an in-house Quality Assurance
Program (QAP available upon request), strict compliance with industry standards, and total customer
satisfaction.
CONSTRUCTION MONITORING, TESTING, AND INSPECTION
GEOTECHNICAL/PAVEMENT CONSTRUCTION MONITORING AND TESTING/SPECIAL INSPECTIONS
GMU's engineering technicians perform comprehensive observation and testing services for all types of
capital improvement projects including: rough/mass grading operations, utility trench backfill, retaining
wall backfill, ground improvement, ground preparation for foundations, asphalt and concrete pavement
rehabilitation, pile foundation observations, and tieback/soil nail wall observation and testing. GMU also
provides a full range of special inspections including: reinforced concrete, post -tensioned concrete,
structural masonry, structural steel welding, structural bolting, spray applied fireproofing, and shear
wall/panel inspections.
GMU's engineering technicians are Caltrans -certified while its special inspectors are ICC and ACI
certified. Our design and construction services will comply with the City of Newport Beach requirement
October 5, 2018 2 GMU Proposal P-18183
(Revised October 11, 2018)
Ms. Kathryne Cho, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
Proposal. Provide Geotechnical Investigation and Design Services, and Construction Observation and Testing, Grant
Howald Park Rehabilitation (19PII), Newport Beach, California
and, California Building Code, Greenbook Specifications, Caltrans Standards, ASTM Standards, AASHTO
Standards, and APWA Standards. In addition, many of GMU's technicians are dual qualified/certified as
soils engineering and ACI technicians, and are licensed as Deputy Inspectors for the City of Newport
Beach. This dual qualification provides our clients a significant cost savings on select jobs as one
technician/inspector can handle both soils and special inspection duties.
FULL RANGE OF GEOTECHNICAL AND MATERIALS TESTING
GMU provides quality control testing and special inspection services for the following:
Soils
• Engineered fill
• Trench bedding and
backfill
• Foundation excavation
• Soil subgrade
• Wall backfill
Construction Materials
• Pre -cast concrete
• Cast in-place concrete
• Structural steel/Welding
• High strength bolts
• Structural masonry
• Piles and caissons
3. Project -Specific Experience
1. Grand Avenue Park Rehabilitation — City of Chino Hills (2018)
GMU provided geotechnical design services and construction
observation and testing services for rehabilitation of the
existing Grand Avenue Park in the City of Chino Hills,
California. The rehabilitation included the removal of existing
turf and replacing it with synthetic turf that incorporates a
patented drainage and layered sub -system and an enhanced
volume of infill to reduce potential for injuries. GMU
explored the 140,000+ square feet soccer fields by performing
drill holes, collecting soil samples for laboratory testing and
preparing a geotechnical report for the civil engineer and turf
manufacture to use. GMU collaborated with turf
installer/manufacture to develop project plans and
specification tailored to the project needs and project specific
based on the soil conditions encountered. GMU also provided
construction observation and testing during the construction
of the field, which included subgrade preparation, sampling
of the material from the batch plant and site for laboratory
testing, performing compaction testing, and performing flood
testing to confirm that the drainage layer meets and exceeds
the minimum permeability requirement.
Pavement
• Asphalt concrete compaction
• Asphalt concrete mix testing
• Slurry seal testing
• Batch plants (concrete and AC)
• Aggregate base
October 5, 2018 3 GMU Proposal P-18183
(Revised October 11, 2018)
Ms. Kathryne Cho, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
Proposal: Provide Geotechnical Investigation and Design Services, and Construction Observation and Testing, Grant
Howald Park Rehabilitation (19P11), Newport Beach, California
2. Orange Coast College Baseball Field Renovation — Costa Mesa (2017)
GMU provided geotechnical design services and construction observation and testing services during the
renovation of the existing 160,000+ square feet baseball field within Orange Coast College in the City of
Costa Mesa, California. The renovation consisted of removing the existing natural turf and replacing it with
synthetic turf and underlying drainage system due to the clay material encountered and lack of infiltration into
the site soils. In addition, new outfield
fencing, maintenance gates and some
minor concrete hardscape/flatwork was
installed. GMU performed a field
investigation, obtained samples for
laboratory testing, performed percolation
testing in accordance with the County of
Orange Technical Guidance Document,
and prepared a geotechnical engineering
report. GMU's experience with soils types
in the City of Costa Mesa was an
advantage in identifying soil -related
obstacles, relaying the information to the
design team and cost-effectively
mitigating during construction.
4. Geotechnical Report Scope
Based on our understanding of the project, we have developed the following scope of services:
Task 1 — Review Background Information, Dig Alert, and Site Visit
Task 2 — Field Exploration Program
Task 3 — Laboratory Testing Program
Task 4 — Conduct Engineering Analysis
Task 5 — Prepare a Final Report
The following sections summarize our work for each task.
Task 1 — Review Background Information, Site Visit and Dig Alert
• Review available data for the existing park.
• Review available published and unpublished geologic literature contained in our files,
including publications prepared by the California Geological Survey (CGS) and the United
State Geological Survey (USGS);
• Observe the existing site conditions and document our observation and findings.
• Mark locations of our planned subsurface explorations. As required by law, we will notify
Underground Service Alert (USA) of the proposed exploration locations prior to drilling.
October 5, 2018 4 GN/FU Proposal P-18183
(Revised October 11, 2018)
Ms. Kathryne Cho, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
Proposal: Provide Geotechnical Investigation and Design Services, and Construction Observation and Testing, Grant
Howald Park Rehabilitation (19P11), Newport Beach, California
Task 2 — Field Exploration Program / Infiltration Testing
• We proposed to explore the site by performing four (4) to six (6) drill holes to a maximum
depth of 15 feet below the existing grade.
• We also propose to excavate two (2) drill holes to depth 1 to 2 feet below the existing grade
for the purpose for performing infiltration testing in accordance with the County of Orange
Technical Guidance Document.
• The drill holes will be performed under the observation of a project/staff engineer; and
• Bulk samples, Standard Penetration Testing (SPT) and drive samples will be obtained for
laboratory testing.
• We have assumed that the infiltration drilling and testing will occur during the same time as
our field exploration. If additional testing is needed, GMU can provide a revised cost to
provide this service.
• We have assumed that a water source is available onsite to perform the infiltration testing.
Task 3 — Laboratory Testing Program
Laboratory testing will be performed to evaluate various engineering properties of the sub -surface
materials. Laboratory tests will include:
• In-place moisture and density;
• Laboratory soil classification (No. 200 wash and Atterberg Limits);
• Maximum density and optimum moisture content;
• Direct shear testing;
• Expansion Index testing;
• R -value testing; and
• Corrosion (pH, resistivity, chlorides, soluble sulfates).
The exact quantities and types of tests will depend on the material types encountered during our
subsurface exploration.
Task 4 — Conduct Engineering Analysis
• Evaluation of general subsurface conditions and description of types, distribution, and
engineering characteristics of subsurface materials at the site;
• Recommendations for subgrade preparation and corrective grading;
• Recommendations for proper drainage;
• Evaluation of groundwater depth and impact on the proposed construction;
• Retaining wall foundation recommendations, including allowable bearing capacity, friction
coefficient, and allowable passive pressure, and lateral earth pressures for design of retaining
walls that are retaining 6 feet of earth or less (active and passive pressure for walls that are
allowed to rotate);
October 5, 2018 5 GMU Proposal P-18183
(Revised October 11, 2018)
Ms. Kathryne Cho, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
Proposal: Provide Geotechnical Investigation and Design Services, and Construction Observation and Testing, Grant
Howald Park Rehabilitation (19P11), Newport Beach, California
• Pole foundation recommendations for new fencing and light poles;
• Concrete flatwork/hardscape recommendations, including minimum thickness, recommended
concrete reinforcement and concrete type;
• Evaluation of expansion potential and recommendations for mitigation; and
• Evaluation of corrosion potential of the on-site earth materials and concrete
recommendations.
Task 5 — Prepare a Preliminary Geotechnical Report
A preliminary geotechnical report will be prepared summarizing the data collected and presenting
our findings, conclusions, and geotechnical recommendations for design and construction. The
report will include the following:
• Site location map and field exploration map.
• Laboratory testing results.
• Acceptability of the site soils for use as fill and backfill.
• Remedial grading recommendations.
• Installation of underground utilities.
• Recommendations in accordance with Task 4.
The provided final report will be signed by a California -registered civil engineer.
Task 6 — Engineering Consultation During Design/Review Plans
We propose to provide engineering consultation during the development of design documents,
response to review comments, and review consultant's bid package prior to bed to confirm
compliance with the project geotechnical report. We have budgeted for one (1) round of review of
the bid documents. Any additional reviews will be billed on a time -and -material basis in accordance
with the attached schedule of fees.
5. Budget Estimate
We will provide the above outline scope of work on a time -and -materials basis in accordance with the
attached 2018-2021 Schedule of Charges. The estimated cost for each phase and task is as follows:
Task 1 — Review Background Information, Site Visit and Dig Alert .........................$ 1,820
Task 2 — Field Exploration Program / Infiltration Testing .....................................$ 6,270
Task 3 — Laboratory Testing Program............................................................$ 3,185
Task 4 — Conduct Engineering Analyses......................................................... $ 2,020
Task 5 — Prepare a Final Report....................................................................$ 2,410
Task 6 — Engineering Consultation During Design/Review Plans .............................$ 1,560
TOTAL BUDGET ESTIMATE (Geotechnical Report) : $ 17,265
October 5, 2018 6 GMU Proposal P-18183
(Revised October 11, 2018)
Ms. Kathryne Cho, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
Proposal: Provide Geotechnical Investigation and Design Services, and Construction Observation and Testing, Grant
Howald Park Rehabilitation (19P11), Newport Beach, California
Please notify us if the proposed scope of services does not meet your current needs, or if any significant
changes are made to the proposed development so that we can revise our scope of services. Revision of the
scope of services may affect the estimated fee. The proposed scope of services is consistent with the level of
care and skill ordinarily exercised by engineering professionals with experience in this area. No warranty,
either expressed or implied, is made.
We will provide our services as outlined in this proposal on a time -and -expense basis in accordance with our
attached schedule of charges. Our total fees for our services will not exceed the above budget estimate unless
the scope of our services is increased beyond that described in this proposal. The amount of our total budget
estimate would not be exceeded without prior authorization.
This proposal is not based on a contractor's schedule of work but based on the information provided in the
reference document and our experience working on projects of similar size and scope. If a contractor's
schedule of work is provided upon the award of the subject project, pending our review, GMU's budget
estimate may be revised as necessary.
CLOSURE
We appreciate the opportunity to submit this proposal. Should you have any questions or comments, please
feel free to call Nadim Surma anytime at 949-888-6513.
October 5, 2018 7 GMU Proposal P-18183
(Revised October 11, 2018)
(;qu
GEOTECHNICAL, INC.
CITY OF NEWPORT BEACH
2018-2021 SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
Staff Engineer or Geologist $ 130.00/hour
Senior Staff Engineer or Geologist $ 170.00/hour
Project Engineer or Geologist $ 195.00/hour
Associate Engineer or Geologist $ 230.00/hour
Principal/Director $ 260.00/hour
Deposition/Testimony $ 550.00/hour
CAD, GIS, and Geo -BIM Design $ 115.00/hour
Document Preparation and Project Services $ 90.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Soils Engineering Technician $ 97.00/hour*
• Services provided under direct supervision of a Senior Soils Engineering Technician
Senior Soils Engineering Technician $ 1 15.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector $ 1 15.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
*Notes:
► For nuclear density gauge, and equipment for testing, inspection, and sampling, add $5.00/hour.
► No 4 -hour minimum charges apply.
► Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project
in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays.
► For prevailing wage, add $10.00/hour.
LABORATORY TESTING SERVICES
Laboratory Testing $ 115.00/hour
(For materials testing and laboratory costs on a per -test basis, see GMU's Laboratory Fee
Schedule)
OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH GMU GEOTECHNICAL, INC. FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 10th day of July, 2018 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and GMU GEOTECHNICAL, INC., a California corporation ("Consultant'), whose
address is 24231 Arroyo Vista, Rancho Santa Margarita, CA 92688, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to Provide geotechnical and material testing
services on an on-call or as -needed basis ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
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
GMU Geotechnical, 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 Gregory P. Silver to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
GMU Geotechnical, Inc. Page 3
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (collectively, the "Indemnified Parties), from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
GMU Geotechnical, Inc. Page 4
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
GMU Geotechnical, Inc. Page 5
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
GMU Geotechnical, Inc. Page 6
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
GMU Geotechnical, Inc. Page 7
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
GMU Geotechnical, Inc. Page 8
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: Gregory P. Silver
GMU Geotechnical, Inc.
24231 Arroyo Vista
Rancho Santa Margarita, CA 92688
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
GMU Geotechnical, Inc. Page 9
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
28.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
GMU Geotechnical, Inc. Page 10
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
GMU Geotechnical, Inc. Page 11
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
GMU Geotechnical, Inc. Page 12
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: JtAAr(-: 2642018
By: (4a
Aaron C. Har
City Attorney C
ATTEST: � 3�
Date: a
By: OMh� JIB
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
B`
arshaII 5)&ff y ID uffieId
Mayor
CONSULTANT: GMU Geotechnical, Inc.,
a California corporation
Date:
in
Signed in Counterpart
Gregory P. Silver
CEO/President
Date:
Signed in Counterpart
Aron R. Taylor
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
GMU Geotechnical, Inc. Page 13
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: TUNE 26, 2yrs
�
� ABy:
G U✓ Aaron C arp
City Aft&Epky osm�
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: GMU Geotechnical, Inc.,
a Califor is orpo
Date:
By:
Gregory . Sily
CEO/Presi ent
Date: '2 / I t
By: h�44V
Aron R. Taylor
Chief Financi I Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
GMU Geotechnical, Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
GMU Geotechnical, 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
GMU Geotechnical, Inc. Page B-1
GMLJ
GEOTECHNICAL, INC.
CITY OF NEWPORT BEACH
SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
Staff Engineer or Geologist
$ 130.00/hour
Senior Staff Engineer or Geologist
$ 170.00/hour
Project Engineer or Geologist
$ 195.00/hour
Associate Engineer or Geologist
$ 230.00/hour
Principal/Director
$ 260.00/hour
Deposition/Testimony
$ 550.00/hour
CAD, GIS, and Geo -BIM Design
$ 115.00/hour
Document Preparation and Project Services
$ 90.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Soils Engineering Technician (Non -Prevailing Wage) $ 97.00/hour*
Staff Soils Engineering Technician (Prevailing Wage) $ 107.00/hour*
• Services provided under direct supervision of a Senior Soils Engineering Technician
Senior Soils Engineering Technician (Non -Prevailing Wage) $ 115.00/hour*
Senior Soils Engineering Technician (Prevailing Wage) $ 125.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (Non -Prevailing Wage) $ 1 15.00/hour*
Registered Special Inspector (Prevailing Wage) $ 125.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
*Notes:
► No 4 -hour minimum charges apply.
► Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project
in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays.
LABORATORY TESTING SERVICES
Laboratory Testing $ 115.00/hour
(For materials testing and laboratory costs on a per -test basis, see GMU's Laboratory Fee
Schedule)
OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost
(NV Soil and Aggregate Tests
GEOTECHNICAL, INC.
Caltrans
ASTM
AASHTO
Identification and Index Properties
Rate (each)
226
D2216
T265
Moisture Content of Soil or Rock ..................................... .....................................
..... $12
-
D2937
Moisture Content and Density (6 inch tube or rings) ..................................................
$30
-
D2937
Moisture Content & Density (Shelby tube or requires cutting) ..................................
$55
204
D4318
T89, T90
Atterberg Limits.........................................................................................................
$230
204
D4318
T89, T90
Atterberg Limits (Wet Preparation).............................................................................
$316
204
D4318
T89, T90
Single Point/Non-plastic................................................................._...........................
$115
227
-
-
Test for Evaluating Cleanness of Coarse Aggregates .................................................
$230
229
D3744
-
Aggregate Durability Index.........................................................................................
$287
202
C136
T27
Particle Size Analysis — Full Sieve (3/4 -inch to minus No. 200) ..............................
$230
203
D422
T88
— Hydrometer only
$150
203
D422
T88
— Sieve & Hydrometer
$345
202
Dl 140
Tl l
— No. 200 wash only
$175
209
D854
T100
Specific Gravity of Soil...............................................................................................
$230
207
C128
T84
Fine Aggregates Specific Gravity and Absorption......................................................
$230
206
C127
T85
Coarse Aggregates Specific Gravity and Absorption ..................................................
$145
-
C1252
T304
Uncompacted Void Content of Fine Aggregates.........................................................
$115
205
D5821
Determining the percentage of Fractured Particles in Coarse .....................................
$230
-
C131
Abrasion Test By Los Angeles Machine.....................................................................
$345
-
D4791
Flat and Elongated Particles........................................................................................
$175
217
D2419
r176
Sand Equivalent...........................................................................................................
$115
-
D5298
-
Evaluation of Soil Suction Using Filter Paper............................................................
$100
Caltrans
ASTM
AASHTO
Soil Chemistry
Rate (each)
643
pH................................................................................................................................
$40
643
Minimum Resistivity (minimum of 3 points)..............................................................
$90
417
Sulfate Content — Turbidimetric..................................................................................
$90
422
Chloride Content.........................................................................................................
$75
see abo-
-
-
Corrosion Suite (pH, Resistivity, Chloride, Sulfate) ...................................................
$290
Caltrans
ASTM
AASHTO
Shear Strength
Rate (each)
D3080
T236
Direct Shear Q points).................................................................................................
$290
D3080
T236
Residual Shear (price per pass after shear)..................................................................
$435
Remolding or hand trimming of specimens (per point) ...............................................
$30
D2166
T208
Unconfined Compression (3 Samples)........................................................................
$520
Caltrans
ASTM
AASHTO
Compaction and Maximum Density
Rate (each)
301
D2844
T190
R-Value........................................................................................................................
$345
301
D2844
T190
R -Value with Oversize Correction..............................................................................
$400
-
D698
-
Maximum Density and Optimum Moisture, standard effort .......................................
$280
-
D1557
T180
Maximum Density and Optimum Moisture, modified effort ......................................
$300
216
-
-
Maximum Density and Optimum Moisture.................................................................
$230
-
D1557
T180
Check Point.................................................................................................................
$100
D4718
T224
Correction of Soils with Oversize Particles.................................................................
$50
D1633
Compressive Strength of Molded Soil -Cement Cylinders. Break ...............................
$30
Break+ Capping..........................................................................................................
$60
D559
Wetting and Drying Compacted Soil -Cement Mixtures. 2 Samples
12 Cycles 48 Hours per Cycle.....................................................................................
$865
373
Unconfined Compressive Strength of Lime Treated Soils and Aggregates ................
$465
-
Compaction of 4 Samples per each % of lime.............................................................
$375
BreakSample...............................................................................................................
$29
BreakSample + Capping.............................................................................................
$58
D558
T134
Samples with additives added (cement, lime, emulsion) ............................................
Rate + $50
Caltrans
ASTM
AASHTO
Consolidation and Swell
Rate (each)
D2435T216
Consolidation..............................................................................................................
$280
(8 loading incr. w/ water up to l Oksf & unloading with Strain vs P curve)
D2435
T216
Time Reading and Curve per increment......................................................................
$100
D4829
Expansion Index of Soils.............................................................................................
$230
D4546
Swell/Collapse Test - Method A................................................................................
$315
Up to 10 loading/unloading saturation increments w/o time curves
D4546
Single Load Swell/Collapse Test - Method B.............................................................
$280
D4546
Swell/Collapse Test - Method C.................................................................................
$400
D5333
Collapse Potential for Soils.........................................................................................
$275
Caltrans
ASTM
AASHTO
Hydraulic Tests
Rate (each)
220
D2434
T215
Permeability of Granular Soils (remolded constant head) ...........................................
$385
rdCW Pavement Laboratory Tests
Caltrans
ASTM
AASHTO
Pavement Laboratory Tests
Rate (each)
382
D6307
T308
Percent Asphalt Binder Content (Igniton Oven)..........................................................
$175
382
D2172
Percent Asphalt Binder Content (Chemical)................................................................
$300
202
D6307/5444
T27/30
Percent Asphalt Binder Content and Gradation (Ignition Oven) .................................
$250
202
D2172/5444
T27/30
Percent Asphalt Binder Content and Gradation (Chemical) ........................................
$375
308C
D2726
T166
Bulk Specific Gravity of Cored or Lab Prepared Specimens (SSD) ............................
$60
308A
D1188
T275
Bulk Specific Gravity of Cored or Lab Prepared Specimens (wax) .............................
$80
370
D1461
T329
Mix Moisture Content..................................................................................................
$85
304/366
D1560/1561
T246/247
Hveem Stability (S-Value)...........................................................................................
$230
304,308A
D1560
T246
Hveem Maximum Density (3 replicates)......................................................................
$230
D6926
Marshall Maximum Density (4 inches, 3 replicates, SSD) ..........................................
$215
D5581
-
Marshall Maximum Density (6 inches, 3 replicates, SSD) ..........................................
$260
D6925
T312
Superpave Gyratory Compacted Specimen (4 inches, 1 replicate, SSD) .....................
$115
-
D6925
T312
Superpave Gyratory Compacted Specimen (6 inches, 1 replicate, SSD) .....................
$140
309
D2041
T209
Theoretical Maximum Specific Gravity (rice).............................................................
$230
LP -9
D2172
Reclaimed Asphalt Pavement Evaluation (chemical and ignition, 3 replicates)..........
$1,275
382
D6307
T308
Asphalt Binder Content Correction Factor (2 replicates, includes mixing) .................
$375
-
D3910
Wet Track Abrasion Test for Slurry Seals...................................................................
$190
D244
Emsulion and Residual Asphalt Binder Content..........................................................
$200
-
T324
Hamburg Wheel Track (4 replicates, 2 tracks, up to 25,000 passes) ...........................
$1,600
371
D4867
T283
Resistance of Compacted Bituminous Mixture to Moisture Induced Damage ...........
$1,300
371
D4867
T283
Each additional freeze -thaw cycle.........................................................................
$200
371
D4867
T283
Additional 20% if mixing is required...........................................................................
$230
Caltrans
ASTM
AASHTO
Pavement Mix Designs (excludes RAP or agg. quality testing)
Rate (each)
367
MS -2
Hveem Asphalt Mix Design........................................................................................
$3,900
-
MS -2
Marshall Asphalt Mix Design.....................................................................................
$3,800
-
SP -2
Superpave Asphalt Mix Design...................................................................................
$5,200
367
MS-2/SP-2
Mix designs with asphalt rubber binder.......................................................................
$6,000
367
MS-2/SP-2
Mix designs with warm -mix asphalt technology or other additives .............................
$6,500
LP -8
CT LP -8
Cold Recycled AC Mix Design (includes crushing of AC cores) .........................
$7,200
PCA
Soil -Cement Mix Design (with subgrade, agg base, AC, or combination) ..................
$3,500
NLA
Soil -Lime Mix Design (with subgrade, agg base, or combination) ..............................
$3,500
Caltrans
ASTM
AASHTO
Aggregate Quality "Tests
Rate (each)
202
C136
T27
Sieve Analysis - Combined Sample (w/ wash)............................................................
$230
202
C136
T27
Sieve Analysis - Fine Aggregates................................................................................
$195
202
C136
T27
Sieve Analysis - Coarse Aggregrates...........................................................................
$160
205
D5821
TP 61
Crushed Particle Percentage (Coarse Aggregate Angularity) ......................................
$195
206
C127
T85
Coarse Aggregate Specific Gravity and Absorption....................................................
$180
207
C128
T84
Fine Aggregate Specific Gravity and Absorption........................................................
$165
211
C131
T96
Los Angeles Rattler (Abrasion)....................................................................................
$250
214
C88
T104
Soundness by Sodium Sulfate......................................................................................
$550
217
D2419
T176
Sand Equivalent Q replicates)......................................................................................
$115
227
C142
T112
Cleanness Value of Coarse Aggregate.........................................................................
$250
229
D3744
T240
Durability Index...........................................................................................................
$240
234
C1252
T304
Fine Aggregate Angularity (Uncompacted Void Content) ...........................................
$195
235
D4791
Flat and Elongated Particles of Coarse Aggregates.....................................................
$250
301
D2844
T190
Resistance Value (R-Value).........................................................................................
$345
GNU
..... . ... ............. -
GEOTECHNICAL, INC.
SPECIAL INSPECTION LABORATORY SERVICES
CONCRETE
Concrete Aggre-gate
Sieve Analysis:
Washed: ASTM C 117, ASTM C 136; CTM 202................................................................ $175.00
Sieve Analysis Passing #200 Sieve only: ASTM C 117; CTM 202 ..................................... $230.00
Specific Gravity:
Coarse Aggregate- (Retained on #4) ASTM C 127; CTM 206 ........
Fine Aggregate- (passing #4) ASTM D 854; CTM 207 ....................
Sand Equivalent: ASTM D 2419; DOT CA Test 217 ......................................
Soundness, Sodium Sulfate (5 cycles): ASTM C 88 (includes tank setup) ....
Durability Index: ASTM D 3744; CTM 229
Coarse..............................................................................................
Fine..................................................................................................
Cleanness Value of Coarse Aggregate: DOT CA Test 227 ............................
Clay Lumps and Friable Particles in Aggregate: ASTM C 142 .......................
Organic Impurities in Fine Aggregate: ASTM C 40; CTM 213 ........................
Crushed Particles (each size): CTM 205 ........................................................
Flat and Elongated Particles in Aggregate: ASTM D 4791; AASHTO M283 .
Potential Reactivity of Aggregate by Chemical Method: ASTM C 289 ...........
Relative Mortar Strength of PCC Sand: CTM 515 ..........................................
Petrographic Examination of Aggregate: ASTM C 295; CTM 215 ..................
Unit Weight of Aggregate: ASTM C 29; CTM 212 ..........................................
Special Sample Preparation...........................................................................
.. Per Quote
..... $520.00
.. Per Quote
..... $110.00
$95.00/hour
GNU
GEOTECHNICAL, INC.
SPECIAL INSPECTION LABORATORY SERVICES
(continued)
CONCRETE
Cylinders, Beams, and Cores
Compression Test of Cast Cylinders (all sizes): ASTM C 39.............................................................. $30.00
Compression Test of Cored Samples: ASTM C 42............................................................................
$65.00
Compression Test of Cored Gunite Samples...................................................................................
$102.00
Compression of Lightweight Concrete: ASTM C 495.........................................................................
$53.00
Compressive Strength (2" cube): ASTM C 109..................................................................................
$30.00
Flexural Strength, Simple Beam with Third Point Loading: ASTM C 78 .............................................
$97.00
Splitting Tensile of Cast Cylinders: ASTM C 496...............................................................................
$97.00
Density of Hardened Concrete: ASTM C 642...................................................................................
$196.00
Unit Weight of Lightweight Concrete: ASTM C 567............................................................................
$97.00
Proportion of Cement, Sand, & Aggregate in hardened concrete: ASTM C 85 .............................
Per Quote
Concrete Slab Moisture Transmission Kit...................................................................................$30.00
each
Modulus of Elasticity: ASTM 495......................................................................................................
$275.00
Flexure Toughness of Fiber Reinforced Concrete: ASTM 1018 .......................................................
$313.00
Special Sample Preparation.......................................................................................................
$95.00/hour
Cement
Alkali Test: ASTM C 104; CTM 404...............................................................................................
Per Quote
PhysicalTests: ASTM C 150.........................................................................................................
Per Quote
Chemical Analysis: ASTM C 190; CTM 404..................................................................................
Per Quote
Length Change
Length Change of Concrete:
(3 bars, 7 days submerged, 28 days air dry): ASTM C 157 ............................................$346.00
GIVW
GEOTECHNICAL. INC.
SPECIAL INSPECTION LABORATORY SERVICES
(continued)
MASONRY
Concrete Block
Compression Test on Masonry Cores: ASTM C 140.......................................................................... $51.00
Absorption (set of 3): ASTM C 140................................................................................................... $111.00
Moisture Content as received (set of 3): ASTM C 140....................................................................... $75.00
Shrinkage (set of 3): ASTM C 426.................................................................................................... $185.00
Masonry: Unit Moisture/Unit Weight/Compressive Strength Test (set of 3) ...................................... $451.00
Specific Gravity and Unit Weight (set of 3): ASTM C 140................................................................... $96.00
Shear Test on Masonry Cores (2 faces)............................................................................................. $80.00
TensionTest.................................................................................................................................... $155.00
Mortar and Grout
Compression, 2" x 4" Mortar Cylinders: UBC Std. 24-22, ASTM C 109, each .................................... $30.00
Compression, 3" x 3" x 6" Grout Prisms: UBC Std. 24-22, ASTM C 942, each .................................. $30.00
Compression, 2" Cubes (set of 3)....................................................................................................... $96.00
Special Sample Preparation....................................................................................................... $95.00/hour
Masonry Prisms
Compression Test, Grouted Prisms (includes cutting): ASTM E 447; UBC 24-26 ............................ $100.00
Handling charge for samples not tested or prepared.......................................................................... $28.00
Monthly charge for samples held after 28 days.................................................................................. $28.00
Brick/Pavinq Units
Absorption and Saturation Coefficient: ASTM C 67/ASTM C 936 ...................................................... $50.00
Compression Test: ASTM C 67/ASTM C 936..................................................................................... $50.00
Modulusof Rupture: ASTM C 67........................................................................................................ $50.00
Efflorescence(Set of 5).................................................................................................................... $174.00
GMU
GEOTECHNICAL, INC.
SPECIAL INSPECTION LABORATORY SERVICES
(continued)
STEEL
Reinforcing Bar Tests
Tensile and Bend Tests, #2 through #9: ASTM A 615..............................................................$75.00
Tensile and Bend Tests, #10 through #18: ASTM A 615.........................................................$100.00
Unit Weight of Coating (Galvanized).....................................................................................$99.00
Structural Steel
Tensile and Bend Test (sample preparation not included) ..................................................$107.00
Machining Charges, per sample.............................................................................. Cost plus 20%
Unit Weight of Galvanized Coating.....................................................................................$100.00
Pipe
Tensile Test (sample preparation not included)...................................................................$52.00
Flattening Test (sample preparation not included)...............................................................$38.00
Hiah Strenath Bolts
Bolt; Ultimate Load.......................................................................................................... Per Quote
Bolt; Rockwell Hardness (side or top)............................................................................. Per Quote
Nut; Rockwell Hardness (top or bottom face).................................................................. Per Quote
Washer; Rockwell Hardness........................................................................................... Per Quote
Washer (noncarburized); Rockwell Hardness................................................................. Per Quote
ProofLoading, Bolt or Nut...................................................................................................$133.00
GMU
GEOTECHNICAL, INC.
SPECIAL INSPECTION LABORATORY SERVICES
(continued )
STEEL
Welded Specimen Tests
Face Bend (preparation not included)........,..
Root Bend (preparation not included) ...........
Side Bend (preparation not included)............
Sample Preparation.....,.,,.
Machining Charge .............
Non -Destructive Testinq
........$50.00
........$50.00
....,...$50.00
$95.00/hour
Cost plus 20%
NDT Technician..................................................................................................
. $85.00
Radiographic (X Ray, Gamma Ray) ................. .........................$85.00
Prestressing Wires and Tendons, ASTM A416
Stress —Strain Analysis: Wire or Stands (Including Chart and Percent Offset).................$189.00
TensileTest Only................................................................................................$135.00
Tendons......................................................................................................... Quotation
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
GMU Geotechnical, Inc. Page C-1
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 Contributorx. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
GMU Geotechnical, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
GMU Geotechnical, Inc. Page C-3
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
GMU Geotechnical, Inc. Page C-4
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: 7/26/18 Sent to: Raymund By: Jan
Company/Person required to have certificate: GMU Geotechnical Inc./On Call Contract
Type of contract: Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/1/17 - 11/1/18
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 (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
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
❑ N/A N Yes ❑ No
H.
COMPLETED OPERATIONS ENDORSEMENT (completed
❑ N/A N Yes ❑ No
Operations status does not apply to Waste Haulers)
N Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
N Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
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: 11/1/17 -11/1/18
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 $1M 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.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A N Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A N Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 11/1/17 -11/1/18
A. INSURANCE COMPANY: RLI Insurance Company
B. AM BEST RATING (A-: VII or greater): A+/X1
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. 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 EFF 12/31/17-12/31/18 CARRIER: CONTINENTAL CASUALTY CO.
RATING: A/XV, ADMITTED, LIMIT: $2M/$2M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
Broker of record for the City of Newport Beach
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:
Approved:
Risk Management Date
* Subject to the terms of the contract.