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C-3673(A) - PSA On-Call Geotechnical Services
AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON-CALL GEOTECHNICAL SERVICES THIS AMENDME$ NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this �I� day of -M 6I / , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California Corporation whose address is 1590 North Brian Street, Orange, California, 92867 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On September 12, 2005, CITY and CONSULTANT entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT", for geotechnical services to assist the City in executing its Capital Improvement Program. B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, dated May 8, 2007. C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or AMENDMENT NO. ONE and to extend the term to September 30, 2011. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Consultant shall be compensated for various services performed pursuant to AMENDMENT NO. TWO and according to AMENDMENT NO. ONE dated May 8, 2007, attached hereto respectively as Exhibit A. 2. Consultant's compensation for services performed as identified in the Letter Proposal, including all reimbursable items and subconsultant fees, shall not exceed $50,000 for each project. 3. Compensation to the Consultant for services performed pursuant to this AMENDMENT NO. TWO for all worked performed from July 1, 2009 to September 30, 2011, including all reimbursable items and subconsultant fees, shall be based on the Schedule of Billing Rates, attached hereto as Exhibit B. 4. The term of the AGREEMENT shall be extended to September 30, 2011. 5. Except as expressly modified herein, all other provisions, terms and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: CITY 70,)YEWPPF�T BEACH, A Mual) or or tion By: ynett D. ea,uc amp Assistant CitAttorney for the City o�Newport Beach ATTEST: By. 1�6Wr� Leilani Brown, City Clerk for the City of N ward D. Selich Mayor for the City of Newport Beach HARRINGTON GEOTECHNICAL ENGINEERING, INC.: By: 1 Don;P. H rrington, J . Vice President By: r Edith Harrington, Secretary and Treasurer Attachments: Exhibit A - Amendment No. One Exhibit B - Schedule of Billing Rates EXHIBIT A 0 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON -CALL GEOTECHINCAL SERVICES THIS AMEN_,DIyAENT NO. 1 O PROFESSIONAL SERVICES AGREEMENT, entered into this � day of 11 , 2007, by and between the CITY OF NEWPORT BEACH, a municipal orporation, (hereinafter referred to as "City ") and HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California corporation whose address is 1590 North Brian Street, Orange CA 92687 ( "Consultant "), and is made with reference to the following: RECITALS A. On September 12'", 2005, CITY and CONSULTANT entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Geotechnical Services to assist the City in executing its Capital Improvement Program. This Agreement is scheduled to expire on .June 30th, 2007. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30"", 2009. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform various geotechnical services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated April 19, 2007, attached hereto as Exhibit A. 2. Compenstaiton to the Consultant for for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2007 to June 30, 2009, including all reimburseable items and subconsultant fees, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: e""(< Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: BY V�/01< � LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Y. Mayor for the City of Newa Beach HARRINGTON GEOTECHNICAL ENGINEERINQ, INC.: in P. Harrington, Jr. Title: Vice President Print Name: By: B.�v (Financial Officer) Title: Print Name:144e TO Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f:\users\pbw\shared\agreements\fy 07 -Mon -call services\Harrington Amendment.doc • � rt April 19, 2007 Mr. Michael J. Sinacori, P.E. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Request to Extend Cn— Call Services Contract Dear Mr. Sinacori: 0 EXHIBIT A PROPOSAL DUE April 20, 2007 Harrington Geotechnical Engineering Inc., appreciated your kind compliments and the opportunity to be of continual service to the City. Certifications for technicians likely to participate on City projects are enclosed. As always, we would like a minimum of 24 hour advance notice to dispatch our personnel. However, as in the past we will respond with less notice if at all possible. We have enclosed the resume of Joseph Welch, P.E., R.G.E., R.E.A., who will provide assistance on any technical issues that may arise on City projects. A revised fee schedule that will be in effect for July 1, 2007 through June 30, 2009 is enclosed. These new rates include CPI increases and anticipated increases determined by the director of industrial relations. Again, we appreciate being able to provide our services to the City and look forward to being of continued service. If you have any questions, please do not hesitate to call. Very truly yours, HARRINGTON GEOTECHNICAL ENGINEERING, INC. INCK!rington, Jr EA Vice President DPH: mvp Enclosures Taft/Main Corporate Center, 1590 North Brien Street, Orange, CA 92887 (714) 637.3093 • (600) 924 -7645 • FAX (714) 837 3098 Personnel Principal FrigineeriGeologist ......... .............. .... ....... ...... 5 85 Per (lour Senior enginecriGcologist ................. .. ...... .... ...... ........... ....... ... 5 85 Per Hour Supervisor ...... _ .. ....... ......... .......... ... S 75 Per Hour Geotechnical Aide ....... ............ . ..... ......... .... ................. ... ............... ... S 65 Perliour Senior Technician (Soil, Concrete, Asphalt Concrete) . ... ....... ............................ I ....... I $ 55 Per Hour "fechmcian (Soil, Concrete, Asphalt Concrete) .... ... ..... ...... ...................... .... .... I .... S 52 Per Hour Specia! Inspector (Grading) . ................ . ......... ...... $ 80 Per Hour Special Inspector (Building Construction) ... .... ........ .... ........ ............................... I ... S 65 Per Hour Draftsperson .. ... ... ... .......... ... ..... .. 5 60 Per Hour Clerical Personnel .. ............ ... ......... ........... .. S 36 Pcr I!our Field Vehicles/Equipment Field Vehicle ............ ........ ... ......... .... .. ........ .......... ............... I. .......S 6 Per Hour Nuclear Gauge ........... .................... .. ... .... S 6 Per Hoar Prevailing Wage Projects Senior Technician (Soil, Asphalt ConaeteySpeeial Inspector (Building Construction) - Site Punt ................ ........... S 80 Per Hour" - Travel Time ...... ............ ....... 5 G7 Per Hour" Notes ' 77us rate is s,6 /rci to change m accordance with prevailing wage rates set by the Director of Industrial Relations. July 1. 2008 thru June 30. 2009. Site Time $82.00, Travel time $68 00 Nuclear Gauge andlor-Field Vehicle charge included. - 7raw1 time does not apply to Special Inspector Preparation of Certified Payroll Report ............. ..... . . ... . ... ....... ...... ........ S! 00 each Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and Court Appearances Principal EnginecrlGcologist ..... .... ...... ....... .. ........................... ... . $300 Per Hour Senior Engir r/Geclogist ....... .. ........ I ....... ... ............ I .......... ............. .. $275 Per Hour (51.100.00 Minimum Professional Fee Per Case) Basis of Cbarges Travel time will be added to job site time to determine total charges Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed a( two times the appropriate hourly rates. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections Wormed before noon or beginning after noon, 8 hours (or inspections performed in excess of 4 hours or extending past noon. A minimum of four (4) hours will be charged for any field services and a minimum fee of 5400 will apply to any project. A minimum of two (2) hours, including travel time, will be charged for each site visit. Prevailing Wage Projects Daily straight time rates will apply to firs(8 hours worked Monday- Friday. Overinric rates will apply as follows: )ally - 1.5x straight time rate for first 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours ; Saturday - I.Sx straight time rate for first 12 hours, 2 Ox straight time rate for overtime in excess of 12 hours;; u(tdav /Holiday - 20x or 30x straight time rate, depending on holiday. Geotecbuical Laboratory Charges Maximum Density -Optimum Moisture Test •.ASI M D 1557 ................. ............. . ....... .. ............................ S 85 Each - California Method 216 ....... ................ ......... ................. ...... S I DOUrich -I -Point Venfication(ASTM Di 557) ..... .... ..... . ...................... ................ ..... ..... S 55 Each Moisture Content Pest . . .......... ............ _ ..... .... .............. ........... 5 15 Each Moisture & Density Test . .. ...... .. ....... ............................... ...... S 17 Each Sieve or Ilvehometer Analysis ........ .. .................. ................... . .................. ........ .. S 63 Each Sieve & Hydrometer Analysis Combined . ............. . ........ .......... ............ ....... ... ...... S I IS Each (Over) Sand Lqurvalent Test .. ... S . . Collapse Potential Test ... .... ...... .. ... ........ Consolidation Test - With Tune Rate ..... . . . . . . .... 5 fill - wit!soui Time Rare .... "' ' Direct Shear Test - Fast .. ' a ..... ... ......... S 1201 " " � � �'.1dd SSO Fnbrrcar+on Q+u /ge fm %srs uu Remolded .Specrmen.r. Ancrbcrg Limns (LI. & PI, r.ly) .. ............. .. 5 1.33 Expansion Index Test ... ....... ... .... .. .. ... ..... S 901 Hvccm StabJorncter (R- value) Test - (Sod) ..... . • . . . • . . . � � ........ S 195 1 rc ° e Rase) (Cal 301 0. AST0.1 28.401 . ... .... ....... . livicem Aabdometer (R- value) Tcst • {ACS 8 -� � " ' � ' ' � � � � � � � � • � .. 5 210 E Water Soluble Sulfate Test """'." "" '.. ' Concrete Coring 2' to 8" dtamacr up to b" thick .................. ... , "'��� �. S tsS Pere Additional thickness .... ... ... ..... ................ .................... .. ..... .. ..... ..... . "'����� S 12 Per Ir Mob) l ✓anoo-Dcnwbiliaeu0n Charge (Ponal- to- Panal) ......... ' ' . . . . ....... ..... S 125 Per lfc Concrete Laboratory Cbarges Compression Ten Concrete Cylinders (ASTM C79) . . . . .. - 18 Eac Mortar Cylinders (ASl'M C39) .. .. . . .. ... . Grout Prisnx {Gniform Building Code Standard 24 -28) ..... .. .. . . 18 Eac Sampit Pick -Up .................... ..... ... ............ .... -Includes Molds & Repot[ of Resulu ..... ... uotattnr Asphalt Concrete Laboratory Charges Maximum Density Determination (Cal loam 2 Pt, Average) ... " � � � � � � . .. .......... ......... ..... S 160 Each .... . .... ...... ............ ........... Stability Value (Cal 36G)' "" .. ............. ......... S 100 Each ........ ..... F.xtractiorJGradation ... .... .... � � � � � .... S IGO Bach F,gaipment/Supply Cbarges .......... .... ... ....... ••- .. �' Qrganic Vapor Meter (Minimum Charge) ..... � � � " . .. , ......5120.00 Per Day Brass Samp!c Tubes %/Teflon Lines & PiaSUC Caps .. .. r ' .... (2 5•• Uia. x G' ng .. ... ......... Drill Rig%BulldozerfBackhoe, Sample Tubes..1isc. Services (Airphotos. Chemrcnt Laboratory esang, etc . ............... . .....,S 15 Each .. Cost + f5% Coring Portland Cement Concrete or Asphalt Concrete avemem ........ ... ....... . .•� -.. Quotation Nliscellaueous Charges The charge for any tests not indicated above will be billed et cost plus 1 S percent. Laboratory technician time will be billed at tF.c rate of S65 per hour Fax Transmission (55.00 minimum ) ................. .... ... ....... ... .... S LW Per Page Effective Date This Fee Schedule will remain in effect throughout the period July I, 2007 through June 30, 2 ,unless new prevailing wage rata are issued by the DIR before June 30, 2007. Expenses ) will be billed ateost plus 15 percent. Expeuse expenses (per diem, long distance rclephonc calls, permits, outside priming services, special rase., etc. Report reproduction (in- house) will be bd led at cost. Term f P meat Monthly r v ces will be t Ed (or ork m progress X=.t� oice will be sued ,.omptetwo 0f se Payment is e u Preset) do ni invoice d, if not contest in fourteen (t4) c past due thrrt t. days (rum date of + o tc st due accau v be sub e a carry ch a of 18 Pere t annum (or the men ed by law n aid in full. At tmey fees other cyJteetion c rs in red to connection wit st du accoum ill be charged t (EFFECTIVE JULY 1, 2007 -JUNE 70, 2009) 0.0-0 Fax N: 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5 -24 -07 Dept./Contact Received From, Shauna Oyler Date Completed: 5 -25 -07 Sent to: Shauna By: April Walker Company/Person required to have certificate: Harrington Gcotcch I. GENERAL LIABILITY A. INSURANCE COMPANY: United States Fidelity & Guaranty _ B. AM BEST RATING (A: VII or greater): A+ XV _ C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 2mil a Inull occ E. PRODUCTS AND COMPLETED OPERATIONS (Must _ E. include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The ®No F. City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ❑ No G. included): Is it included? ® Yes ❑ No H. CAUTIONI (Confirm that loss or liability of the named endeavor wording. insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: United States Fidelity & Guaranty _ B. AM BEST RATING (A: VII or greater): A+ XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? 2 mil _ E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ®No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? WA ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: tit. Paul Protcctivc Ins. Co. B. AM BEST RATING (A: VII or greater): A +XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it includeQq ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? �'f ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto: Addition d endorsement missing. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s May 08, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori, P.E. 949 - 644 -3342 or msinacori@city.newport- beach.ca.us SUBJECT: GEOTECHNICAL ON -CALL SERVICES - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS RECOMMENDATION: Approve Amendment No. 1 to Professional Services Agreement with Harrington Geotechnical and Amendment No. 1 to Professional Services Agreement with Leighton and Associates for on -call geotechnical services and authorize the Mayor and City Clerk to execute the Amendments. DISCUSSION: On June 28, 2005 the City Council approved Professional Services with Leighton Consulting, Inc. and Harrington Geotechnical Engineering to provide as needed on -call geotechnical services regularly required for many Capital Improvement Program (CIP) projects. The on -call agreements were developed to avoid a great number of small but time - consuming Professional Services Agreements (PSA's) between the City and these consultants to accomplish these on -going project tasks. Over the last two years, these on -call PSA's have proven to be very effective and efficient. Leighton Consulting Group and Harrington Geotechnical Engineering have performed geotechnical services for about 34 projects for the City over the past two years. Fees for services typically average between $10,000 and $15,000 per project. The anticipated need for these services in the upcoming fiscal year will require the extension of these contracts which are set to expire on June 30, 2007. Both these firms have provided exceptional high quality service on numerous projects. Rates included in the agreements are competitive and in line with industry standards. The proposed Fiscal Year 2007/08 Capital Improvements Program (CIP) budget is estimated at more than $37 million and includes over 100 projects. Many will require geotechnical and materials testing services. Staff recommends approval of the attached amendments to facilitate implementation of the CIP. Geotechnical On -Call Services — Approval of Amendment No. t to Professional Services Agreements May 08. 2007 Page 2 Fundina Availability: Funds for these services are available in each of the specific project accounts within the City Council approved Capital Improvement Program. Environmental Review: Environmental clearances will be completed for each Capital Improvement Project. Prepared by: Submitted by: �1 /b Mielfael J. Sinacori, P.E. ep en 94radum Principal Civil Engineer Polic Works Director Attachment: Amendment No. 1 with Harrington Amendment No. 1 with Leighton AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON -CALL GEOTECHNNCAL SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City') and HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California corporation whose address is 1590 North Brian Street, Orange CA 92687 ( "Consultant"), and is made with reference to the following: RECITALS A. On September 12"', 2005, CITY and CONSULTANT entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Geotechnical Services to assist the City in executing its Capital Improvement Program. This Agreement is scheduled to expire on June 30th, 2007. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30u', 2009. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform various geotechnical services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated April 19, 2007, attached hereto as Exhibit A. 2. Compenstaiton to the Consultant for for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2007 to June 30, 2009, including all reimburseable items and subconsultant fees, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1. on the date first above written. APPROVED AS TO FORM: By; A, ( , ff Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor for the City of Newport Beach COAST SURVEYING, INC.: By: Kris R. Lutton, P, REA II Title: Senior Vice President Print Name: By: (Financial Officer) Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f: luserslpbwlsharedlagreementslfy 07- 081oncall serviceslHarrington Amendmentdoc 1 �t -a alt April 19, 2007 Mr. Michael J. Sinacori, P.E. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Request to Extend On— Call Services Contract Dear Mr. Sinacorl: EXHIBIT A PROPOSAL DUE April 20, 2007 Harrington Geotechnical Engineering Inc., appreciated your kind compliments and the opportunity to be of continual service to the City. Certifications for technicians likely to participate on City projects are enclosed. As always, we would like a minimum of 24 hour advance notice to dispatch our personnel. However, as in the past we will respond with less notice if at all possible. We have enclosed the resume of Joseph Welch, P.E.; R.G.E., R.E.&, who will provide assistance on any technical issues that may arise on City projects. A revised fee schedule that will be in effect for July 1, 2007 through June 30, 2009 is enclosed. These new rates include CPI increases and anticipated increases determined by the director of industrial relations. Again, we appreciate being able to provide our services to the City and look forward to being of continued service. If you have any questions, please do not hesitate to call. Very truly yours, HHAARRINGTON GEOTECHNICAL ENGINEERING, INC. Jr EA Vice President DPH: mvp Enclosures TaNMaln Corporate Center, 1590 North Brian Street. Orange. CA 92867 (714) 637-3093 • (800) 924-7645 • FAX (714) 637 -3096 Personnel Principal Engineer /Geologist .................................................... ............................... $ 85 Per Hour Senior Engineer/ Geologist ..................................................... ............................... S 85 Per Hour Supervisor ................................................................. ............................... S 75 Per Hour Geotechnical Aide ........................................................... ............................... S 65 Per Hour Senior Technician (Soil, Concrete, Asphalt Concrete) ................................. ............................... S 55 Per Hour Technician (Soil, Concrete, Asphalt Concrete) ..................................... ............................... S 52 Per Hour Special Inspector (Grading) .................................................... ............................... S' 80 Per Hour Special Inspector (Building Construct ion) .......................................... ............................... S 65 Per Hour Draftsperson ................................................................ ............................... $ 60 Per Hour Clerical Personnel ........................................................... ............................... $ 36 Per Hour Field Vehicles/Equipment Field Vehicle .......................... ....................................... ........:.....................$ 6 Per Hour Nuclear Gauge ................................................................. ..............................5 6 Per Hour Prevailing Wage Projects Senior Technician (Soil, Asphalt Concrete) /Special Inspector (Building Construction) - Site Time .. ............................... $ 80 Per Hour'2 - Travel Time ............... 1 .............. $ 67 Per Hour=s Notes:. ! - This rate is subject to change in accordance with prevailing wage rases set by the Director of Indmirial Relations. July 1, 2008 thru June 30. 1009, Site Time $82.00, Travel time $68.00 S - Nuclear Gauge and/or Field Vehicle charge included. . - Travel time does not apply to Special Inspector. Preparation of Certified Payroll Report .................... ............................... ...........................$100 each Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and Court Appearances Principal Engineer /Geologist ..................:...... ............................... ...........................$300 Per Hour Senior Engineer/ Geologist..._ ....................... ............................... ...........................$275 Ter Hour ($1,200.00 Minimum Professional Fee Per Case) Basis of Charges Travel time will be added to job site time to detemune total charges. Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times the appropriate hourly rates. Minimum charges for Special inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess o£4 hours or extending past noon. A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project. A minimum of two (2) hours, including travel time, will be charged for each site visit Prevailing Wage Projects Daily straight time rates will apply to first 8 hours worked Monday- Friday. Overtime rates will apply as follows: Daily - I.Sx straight time raze for first. 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Saturday - 1.5x straight time rate for first 12 hours, 2.Ox straight time rate for overtime in excess of 12 hours; Sunday /Holiday - 2.Ox or 3.Ox straight time rate, depending on holiday. Geotechnical Laboratory Charges Maximum Density- Optimum Moisture Test - ASTM D1557 ..................................... I.................................................. S 85 Each - California Method 216 .................................................. ............................... S IOOEach -I -Point Verification(ASTM D1557) ....................................... ............................... S 55 Each Moisture Content Test ........................................................... ............................... S 15 Each Moisture & Density Test ......................................................... ............................... S 17 Each Sieve or Hydrometer Analysis ...................................................... ............................... $ 63 Each Sieve & Hydrometer Analysis Combined .............................................. ....................'1.....:... S 115 Each (over) Sand Equivalent Test ................................................................................... _ : .... .�. .. .. S 37 Each Collapse Potential Test .................. ;..� ............................ .................................. v ....... S.. 90 Each Consolidation Test- With Time Rate ...................................................................... * ......... $ 140 Each . - Without Time Rate .... ....................................................................... S. 95Each Direct Shear Test -Fast ........................................................................................ S 120 Each' •Add $50 Fabrication Charge for Tests on Remolded Specimens. Atterberg Limits (LL & PL Only) ....................... . : ..... . .................................................. 5135 Each Expansion index Test ..................................................... ; ................................... I .... S 90 Each Hveern tabilometer (R-value) Test - (Soil) ..................... ....................... I .............................. $ 195 Each Hveem Stabilometer (R-value) Test - (Aggregate Base) (Cal 301 or ASTM 2844) ................................... ......... S 210 Each Water-Soluble Sulfate Test ......................................................... ............................... S 45Each Concrete Coring 2" to 8" diameter up to 6" thick .................................................................................. $ 65 Per Core Additional thickness ............................ : ................................. ; ................... $ 12 Perinch Mobilization-Demobilization Charge (Portal-to-Portal) ......... : .. .. ................................................. $ 125 Per Hour Concrete Laboratory Charges Compression Test Concrete Cylinders (ASTM C39) ....................................... . .. ............................. S 18 Each Mortar Cylinders (ASTM C39) ........................................................................... $ 18 Each Grout Prisms (Uniform Building Code Standard 24-28) ........................................................ S 18 Each SamplePick-Up ................ .............................................................................. S Quotation •Includes Molds & Report of Results Asphalt Concrete Laboratory Charges Maximum Density Determination (Cal 304m 2 pt, Average) ....... ; ............... ....................................... S 160 Each Stability Value (Cat 366) ........................................................................................ ; $ 100 Each Extraction/Gradation .......... ; ................................................................................. $ 160 Each EquipmendSupply Charges Organic Vapor Meter (Minimum Charge) : ....................................................................... $120.00 Per Day Brass Sample Tubes w/Teflon Lines & Plastic Caps (2.5" Dia. x 6" Long) .......................................................................................... $ 15 Each Drill Rig/Buildozer/Backhm, Sample Tubes, Misc. Services (Airphotos, Chemical Laboratory Testing, etc.) ......................... Cost + 15% Coring Portland Cement Concrete or Asphalt Concrete Pavement ............ I ................... ...................... : .... Quotation Miscellaneous Charges The charge for any tests not indicated above will be billed at cost plus 15 percent. Laboratory technician time will be billed at the ratc.of S65 per hour Fax Tmnsmission ($5.00. minimum) ............................................................................ $ 1.00 Per Page Effective Date. q ' . This Fee Schedule will remain in effect throughout the period July 1, 2007 through June 30,204, unless new prevailing wage rates are issued by the DIR before June 30, 2007. Expenses Job-related expenses (per them long distance telephone calls, permits, outside printing services, special tests, etc.) will be billed at cost plus 15 percent. Report reproduction (in-house) will be billed at cost. sent c ed n progress be' ued n completion of se Payment is e u p en do O's u 0 hi days from of oic Past due accou y be o of I mu y 10 for or" ll bet (14) c days completion Fees Past cpPX�l Ter co er Monthly - v ces of invoice vo' d, - Inot t le m 'Our ec g 0, is etc p annum ib� max bylaw n 'aid a ca ch e p num n ' aid in ection sin ed in connect on w, d account be charged t (EFFECTIVE JULY 1. 2007 - JUNE 30, 2009) 0-&0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR ON -CALL GEOTECHINCAL SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and LEIGHTON CONSULTING, INC. a California corporation whose address is 17781 Cowan, Irvine CA 92614 -6009 ( "Consultant "), and is made with reference to the following: RECITALS A. On September 12th, 2005, CITY and CONSULTANT entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Geotechnical Services to assist the City in executing its Capital Improvement Program. This Agreement is scheduled to expire on June 30th, 2007. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30th, 2009. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform various geotechnical services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated April 20, 2007, attached hereto as Exhibit A. 2. Compenstaiton to the Consultant for for services performed pursuant to this Amendment No. 1 for all work performed from July 2, 2007, to June 30, 2009, including all reimburseable items and subconsultant fees, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH By, A 4L. 4 46iG Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk A Municipal Corporation By: Mayor for the City of Newport Beach COAST SURVEYING, INC.: in Kris R. Lutton, P, REA II Title: Senior Vice President Print Name: By: (Financial Officer) Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f :luserslpbMsharedlagreementslfy 07 -081on -call serviceslLeighWn amendmentdoc 4 Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY April 20, 2007 Michael J. Sinacori, PE Principal Civil Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Subject: Request to Extend On -Call Services Contract Dear Mr. Sinacori: EXHIBIT A Leighton Consulting, Inc. has valued your city's business, and we are excited at the opportunity to continue to provide you geotechnical engineering and testing services. In response to your letter dated April 12, 2007, we are providing you a local staffing list, resumes of our Key Personnel, and our Prevailing Wage rates effective through December 31, 2009. Locality and Response Time Capabilities: Our Irvine office is located less than 10 miles from City Hall, which means our staff can quickly mobilize to project sites anywhere in Newport Beach.. Length of Service: As an ENR Top 500 Design firm, Leighton is celebrating a 45 -year - heritage of providing geotechnical engineering services throughout the region. We are a firm of California- licensed Geotechnical and Civil Engineers, Professional Geologists and Certified Engineering Geologists, and certified technicians with many years of experience working on projects throughout Newport Beach. We appreciate the opportunity to continue working with the City of Newport Beach. I am available to you for any questions you may have at my direct phone number: 949 - 681-4203. Inc. Kris R. Lutto4,AG, REA If Senior Vice President 17781 Cowan ■ Irvine, CA 92614 -6009 949.253.9836 ■ Fax 949.250.1114 ■ www.leightGneorisutfing.com EXHIBIT B 2007 PREVAILING WAGE FEE SCHEDULE PROFESSIONAL SERVICES Technical Staff ................................................................. ............................... Hourly Rate Laborer" .......................................................................................... ............................... $95 Soil /Field Technician" ..................................................................... ............................... 110 Staff Engineer /Geologist/Scientist/Field Supervisor ........................ ............................... 115 Senior Staff Engineer /Geologist/ Scientist ........................................ ............................... 131 Operations Manager /Equipment Operator ...................................... ............................... 152 Project Engineer /Geologist/ Scientist ............................................... ............................... 152 Senior Project Engineer /Geologist/ Scientist .................................... ............................... 168 Associate......................................................................................... ............................... 189 Principal............................................................... ............................... ............................ 205 SeniorPrincipal ................................................................................ ............................... 247 Technical Support Staff .................................................. ............................... Hourly Rate Administrative Assistant/Word Processor ........................................ ............................... $74 CAD Operator/Technical Illustrator /GIS Specialist .......................... ............................... 105 EngineeringEquipment .......................... ............................... ...........................Unit Rates VehicleUsage .................................................................... ............................... $11 per hour Tiltmeter, Inclinometer Units ............................................... ............................... 200 per day Nuclear Soil Gauge ............................................................... ............................... 84 per day GPSStation ........................................................................ ............................... 168 per day Other Equipment ............................................................. ............................... Upon Request Leighton Other Terms and Conditions • Overtime for field personnel (all technician and staff levels) will be charged at 1.5 times basic hourly rate listed above. • Expert witness testimony will be charged at 2.0 times the above rates, with a minimum charge of four hours per day. • Proposals are valid for 30 days, unless otherwise stated in the proposal. • Heavy equipment, subcontractor fees and expenses, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20 %, unless billed directly to, and paid by client. • Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse Leighton Consulting for all costs related to their unanticipated discovery. • �. f liabililyJo-a�for the oroiect. ices. • Minimum Hourly Charges for Field Technicians: • 1. Monday- Friday 2 hours minimum • 2. Saturday and Sunday 4 hours minimum Effective through December 31, 2009, after which remaining work will be billed at then - current rates. '" Subject to change based upon project advertised date. 1 -07PW 17781 Cowm I Irvine U 926141 949 - 259 -1421 Identification and Index Properties (ASTM) ............. Unit Rate Moisture Content ............................... ............................... $16 Moisture and Density (ring samples) ... ............................... 26 Moisture and Density (chunk sampl es) ............................... 58 Moisture Content & Density (Shelby tubefcutting ) ............. 63 Atterberg Limits (3 moisture points) ...... ............................121 Three Stage Triaxtat Tests ................... ............................608 Atterberg Limits ( organic) .................. ............................... 182 Single Point(Non- plastic ...................... ............................... 84 Visual classification of point as non - plastic ......................... 11 Particle Size: Sieve (passing 1 %cinch to - #200) ................ 74 Sieve (passing 64nch to - # 200) ........ ............................... 135 Hydrometer only ................................ ............................... 110 Sieve and Hydrometer (1% cinch) ....... ............................... 158 Dispersive Charactedstkx of Clay Soil (double hydrometer) ..................... ............................... 89 Specific Gravity: Fine (passing # 4) ...... ............................... 89 Coarse (retained on # 4) ....................... ............................... 84 Total Porosity — On Shelby tube sample — calculation only .............................. ............................137 Total Porosity — On other sample — calculation only....... 105 Photograph of sample ........................... .............................11 236 Shrinkage Limits (wax method) ............ ............................126 Pinhole Dispersion ............................. ............................... 210 Sand Equivalent (SE, CTM 217) ......... ............................... 89 Percent Passing #200 Sieve, wash sieve, 47 only (ASTM D 1140) ..................... ............................... 58 Soil Chemistry pH $42 Electrical Resistivity — single point — as- received moisture. 42 Minimum Resistivity (minimum of 3 moisture points) .......... 89 pH and Minimum Resistivity ................ ............................131 R- Value, lime or cement treated soils (57% additive) ....... Sulfate Content — Gravimatdc ............. ............................... 68 SulfateScreen ..................................... ............................... 32 Chloride Content ................................. ............................... 68 Corrosion Suite: pH, chloride, minimum resistivity and sulfate ( gravimetric ) ....................... ............................221 Organic Matter Content (ASTM D 2974) ............................ 63 Compaction (moisture and density curves) Standard Proctor (ASTM D 698) Compaction - 4 points 4 inch diameter mold ..................... ............................182 6 inch diameter mold .................. ............................... 215 Modified Proctor (ASTM D 1557) - 4 points ........................... 4 inch diameter mold .................. ............................... 193 6 inch diameter mold .................. ............................... 225 CheckPoint ......................................... ............................... 79 Relative Density (0.1 cubic foot mold ) .............................. 236 Caltrans Wet Density Compaction Curve (CTM 216) ....... 215 California Bearing Ratio (CBR) — 3 points' .................... 557 —1 point ` .......................................... ............................... 184 Shear Strength (ASTM) Pocket Penetrometer ......................... ............................... $16 Torvane................................................. .............................16 Single Normal Load Direct Shear ......... ............................105 3 Load Direct Shear, Consolidated Undrained (0.05 in. /min.) ............................... ............................265 3 Load Direct Shear, Consolidated Drained ( <0.05 irr/min.)305 Remolding or Hand Trimming of specimens (3 points) ....... 78 Residual Shear— price per additional one -way passper point ............................... ............................... 58 Torsional Shear ................................. ............................... 620 17781 Cowan I Irvine. CA 92B141 949 - 250 -1421 Leighton Oriented or Block Hand Trimming ......... .............................58 Static Uniaxial and Triaxial Strength Tests (ASTM) Unconfined Compression (with stresststrain plot) ............. $89 UU Test— UnconsolidatedlUndrained (per stress) ........... 168 Consolidated Undrained (CU,R) (per stress) ....................347 Three Stage Triaxtat Tests ................... ............................608 Consolidation and Swell Tests (ASTM) Consolidation (wfone time deformation curve) .............. $194 Each Additional Time Deformation Curve ..........................47 Each additional loadfunload who Time Deformation Curve. 42 Expansion Index (El, ASTM D 4829 -03 ) ...........................131 Expansion Index (UBC 18- 12) .............. ............................165 Swell/Collapse Test (A) 10 normal loadfunloads who time curves ............................. ............................289 Single Load Swell/Collapse Test (B) Seat, bad, and inundate .. ............................... ............................105 Collapse Potential of Sails (ASTM D 5333 - 03) .................194 Laboratory Permeability Tests Permeability (Hydraulic Conductivity) ...... ............................... — Undisturbed driven tube sample ........ ............................194 — Remolded specimen ....................... ............................... 236 Triaxial Permeability (at one effective stress ) ...................294 - Each Additional Effective Stress ......... ............................121 - Hand Trimming for Horizontal K .......... .............................58 - Daily charge for Long Tenn Tests (> 7 days) ................... 47 Remolding of Test Specimens ............. ............................... 58 Air Permeability (Includes moisture & density) .................100 Air Permeability (modified for soils) ...... ............................173 Caltrens Tests (California Test Methods) R- Value, untreated soils (CTM 301, 312000) .................. $289 R- Value, lime or cement treated soils (57% additive) ....... 338 Sampling Equipment Charges ................. ............................... Box of Sample Rings (28 samples per box) ............ $125/box Daily Ring -Lined Drive Sampler Equipment Usage..... 37/day All soil samples should be free of hazardous materials. Standard turnaround time for test results is 10 working days. Samples wig be stored for 3 months after which they will be discarded. Prior notification is required. if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve will be applied. Leighton MATERIALS TESTING AND INSPECTION Task Prodessional Construction Materials Engineering Services Hourly Rate 6100 Project Management / Materials Inspection Manager $105 7100 Principal Engineer 168 7101 Registered Civil Engineer 127 7102 Staff Engineer 99 7103 Administration / Secretarial Time 74 7104 Reports — Test Results 17 each 7105 Review of Files for Final Letter of Affidavit (min. 2 hours) 144 7106 Expert Witness, Consultation and Court Appearances (min. 4 hours) 277 7107 Submittal Review for Compliance with Project Plans and Specifications 144 Task Special Inspection Services HoudvBate 6200 Special Inspection Concrete ICC $68 6201 Special Inspection Past- Tension Concrete ICC 68 6202 Special Inspection Structural Steel/Welding & Bolting ICC 68 6203 Special Inspection Welding AWS /CWI 78 6204 Special Inspection Masonry ICC 68 6205 Special Inspection Masonry DSA 78 6207 Special Inspection Asphalt 68 6208 Special Inspection Fireproofing ICC 68 6211 Special Inspection Shotcrete ICC 68 6212 Special Inspection Shotcrete DSA 78 6213 Special Inspection Epoxy Injection & Anchors 68 6216 Building Inspection ICC 68 6217 Fabrication Inspection (Local) AWS /CWI, ICC, Glulam 78 6218 Fabrication Inspection (Outside Local Area) Quote 6219 Inspector Verified Report (DSA -6) 78 Task Technician Services Hourly Rate 6230 Technician- Materials (ACI Tech/Rebar Tag & Sample) $68 6232 Coring and Sizing (in house) 68 7120 Laboratory Technician 68 6233 Pachometer Survey - Technician 68 6234 Schmidt Hammer Survey - Technician 68 6235 Moisture Testing - Technician 68 6236 Grounding Rod Soil Resistance Test - Technician Quote 6237 mull -out Test on Embedded Bolts, Anchors and Dowels 65 6238 Earth Anchor Hold Down Test (4 Hour, Full Load Application with 5 minimum) Quote 6239 Earth Anchor Hold Down Test (Prelude / Short Term, w/Full Load) Quote 6240 Coring Concrete, Masonry or Asphalt in Field Quote 6241 Sawing Concrete, Masonry or Asphalt in Field Quote 6242 Pick -up and Delivery - Standard 84/hip 6243 Technician Travel Time (>40 mile radius from Leighton Consulting laboratory) 71/hour Task Eauipment Charces Daily Rate 6300 Skidmore - Wilhelm Bolt Cell $42 6301 Torque Wrench 16 6302 Air Meter 21 6303 Pachumeter 53 6304 Schmidt Hammer 32 6306 Vibrating Probe (Concrete) 42 6307 110V, 50A Generator 125 17781 Cman I Irvine. CA 926141 949 -256 -1421 Leighton Task Concrete Strength Characteristics Method Per Test 7200 Concrete Cylinders (64nch by 12 -Inch) - Compression ASTM C-39 $23 7201 Gunite /Shotcrete Cores (Lab Coring & Testing Only) ASTM C-42 56 7202 Lightweight Fill Concrete (34nch by 64nch) ASTM C -495 36 7203 Compression, Concrete or Masonry Cores (testing only) 56 -inch diameter ASTM C-42 36 7204 Splitting Tensile — 64nch by 12 -inch cylinder ASTM C -496 42 7205 Flexural Strength of Concrete (Simple Beam with P pt. Loading) ASTM C-78 58 7206 Mix Design, Determination of Proportions 200 7207 (Nix Design, Review of Existing 150 7208 Laboratory Trial Batch with Slump, Unit Weight & Air Content ASTM C-192 473 7209 64nch by 124nch Cylinder, Make and Test (lab trial batch) ASTM C-192 23 7210 3 4nch by 64nch Grout Prisms, Make and Test (lab trial batch) ASTM C-192 23 7211 64nch by 64nch Flexural Beams, Make and Test (lab trial batch) ASTM C-192 34 7213 Cylinder Molds, 64nch by 12 -inch, 24nch by 4 -inch when not used with testing 3 7214 Unit Weight of Hardened Light weight Concrete ASTM C -567 34 7215 Rapid Cure Concrete Cylinders (Boil Method) ASTM C 4684 34 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) ASTM C- 157 263 7217 Modulus of ElasticitylPoisson's Ratio 3-inch by 6-inch cores ASTM C469 368 7374 Compressive Strength - Concrete Cylinder t CTM 521 23 7376 Flexural Strength of Concrete (simple beam wl center point loading) t CTM 523 84 Task Aggregate Properties Method Per Test 7240 Sieve Analysis of Fine and Coarse Aggregate ASTM C -136 $135 7241 Sieve Analysis -Finer than #200 (Wash) ASTM C -117 79 7242 LA Rattler- Smaller Coarse Aggregate < ASTM C -131 163 7243 LA Rattler - Larger Coarse Aggregate > ASTM C -535 189 7244 Soundness Magnesium, Sodium ASTM C-88 215 7245 Organic Impurities ASTM C40 68 7246 Clay Lumps, Friable Partldes ASTM C -142 131 7370 Soil & Aggregate Preparation & Sieve (Fine & Coarse Aggregate) " CTM 201 & 202 263 7373 Grading & Specific Gravity Calculation " CTM 105 - 79 7247 Durability Index CTM 229 131 7248 Cleanness Value of Coarse Aggregate CTM 227 105 Task Masonry Method e t 7260 Mortar Cylinders (24nch by 4 -inch) ASTM C -780 $23 7261 Mortar Cubes (24nch by 2 -inch) ASTM C -109 23 7262 Grout Prisms (3 -inch by 6 -inch) ASTM C -1019 23 7263 Compression, Concrete or Masonry Cores, s& -inch diameter (Testing Only) ASTM C-42 34 7264 CMU Compression (3 required) to size 8 -Inch by 8 -inch by 164nch ASTM C -140 45 7265 CMU Compression (3 required) greater than 8 -inch by 8 -inch by 164nch ASTM C -140 50 7266 CMU Moisture Content, Absorption & Unit Weight (6 required) ASTM C -140 84 7267 Masonry Efflorescence (5 required) ASTM C-67 63 7268 CMU Linear Drying Shrinkage ASTM C-426 95 7269 CMU Grouted Prisms (compression test s 8 inch by 8 -inch by 16 -inch) ASTM E-447 158 7280 CMU Grouted Prisms (compression test > 84nch by 8 -inch by 164nch) ASTM E-447 210 7281 Masonry Core-Shear Title 24 (Test Only) 63 Task Brick Method Per Test 7290 Compression (5 required) ASTM C-67 $40 7291 Modulus of Rupture (5 required) ASTM C-67 40 7292 Absorption, Soak (5 required) ASTM C-67 32 7293 Absorption, Boil (5 required) ASTM C-67 32 7294 Absorption, Saturation Coefficient (5 required) ASTM C-67 47 7295 Initial Rate of Absorption (5 required) ASTM C-67 40 7296 Efflorescence (5 required) ASTM C-67 53 7297 Efflorescence with Mortar (5 required) ASTM C-67 63 17181 Cowan I Irvine. CA 926141949-250-1421 Leighton Task Steel Reinforcement Method Per Test 7300 Tensile Test, Up to No. 10 ASTM A- 370 $42 7301 Tensile Test, No. 11 and over ASTM A -370 89 7302 Bend Test, Up to No. 8 ASTM A -370 34 7303 Bend Test, No. 9 and over ASTM A-370 50 Task Structural Steel Method Per Test 7310 Tensile Strength, 5100,000 pounds axial load ASTM A- 370 $42 7311 Tensile Strength, 100,000 to 200,000 pounds axial load ASTM A -370 58 7312 Bend Test ASTM A-370 37 7313 Pipe Flattening Test ASTM A-370 Quote 7314 Machining and Preparation of Samples ASTM A -370 50 7315 Brinell & Rockwell Hardness Test ASTM A -370 53 7316 Chemical Analysis, Carbon and Low Alloy Steel Quote Task P��tressing Method Per Test 7320 Prestressing Wire ASTM A -416 $158 7321 Sample Preparation (cutting) 50 7322 Prestressing Cable, 7 Wire (Breaking Strength/Modulus of Elasticity) ASTM A-416 168 Task Weld Procedure and Welder Qualifications Unit Rates 6320 Welder Certffication/Weld Procedure Review (AWS /CWI) $74 /hour 7330 Weld Tensile Test 40 each 7331 Weld Bend Test 28 each 7332 Weld -Macro Etch 45 each 7333 Bolt Tensile Test 50 each Task Fireproofing Method Per Test 7340 Unit Weight (Density) UBC Std. 7 -6 $53 7341 Cohesion/Adhesion UBC Std. 7-6 62 Task Asphalt Concrete. General Testing Method Per Test 7350 Extraction, Percent Asphalt and Gradation ASTM D 217210 136 $194 7351 Extraction & Percent Asphalt (only) ASTM D 21T2 152 7355 Extraction and Gradation Only ASTM D 2172/ C 136 175 7352 Bulk Sp Grav — Molded Specimen or Cores ASTM D -1188 53 7353 Maximum Density - Hveem CTM 308 84 7354 Stabilometer Value CTM 366 263 7357 Bituminous Mixture Preparation CTM 304 79 7377 Moisture Content of Asphalt t CTM 370 58 7378 Sampling Highway Materials/Products (Roadway Structural Sections) r CTM 125 per hour Quote 7379 Extraction by Ignition Oven CTM 382 (8/2003) 55 Rubberized Asphalt add 25% yak Mix Design/Control Method Per Test 7360 Mix Design — Hveem Including Aggregate Tests per Design ASTM D 1560 /CTM 366 Quote 7361 Mix Design — Marshall Including Aggregate Tests per Design ASTM D 1559 Quote 7362 Field Mix — Hveem Stability per point ASTM D 1560 /CTM 366 $158 7363 Field Mix - Marshall Stability per point ASTM D 1559 158 Task Moisture Vapor Emission RateJMVER) Test Method Per Test 6325 Moisture Test Kit (excludes labor to perform test) ASTM E -1907 $57 Task Outside Services Non - Destructive Testing (NDT) of Welds ANSI Quote Radiographic Testing Quote `soil t material .. soil & materials 17781 Cuwan I Irvine, CA 926141949-259-1421 Leighton Basis of Charges for Materials Inspection and Testing REGULAR WORK HOURS: First 8 hours between 6:00 a.m. and 5:00 p.m. Monday through Friday, except holidays. TIME AND ONE HALF: After 8 hours and up to 11 hours Monday through Friday and Saturdays. DOUBLE TIME: After 11 hours and Sundays. TRIPLE TIME: Holidays: New Years. Memorial Day, Independence Day, Veterans Day, Thanksgiving and the day after Thanksgiving. Christmas Day and Labor Day. MINIMUM HOURLY A. Special Inspector (Field Time Only) CHARGES— 1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day ..................2 Hours Inspectors & Technicians: 2. One -half working day or less ........................................................ ..............................4 Hours 3. Over one -half working daylor begins before noon and extends into afternoon ..........8 Hours B. General Inspector (Field Time Only) T. One -half working day or less ........................................................ ..............................4 Hours 2. Over one -half working day /or begins before noon and extends into afternoon ..........8 Hours C. Technician — FieldlConcrete 1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day ..................2 Hours 2. One -half working day or less ........................................................ ..............................4 Hours 3. Over one -half working daylor begins before noon and extends into afternoon ..........8 Hours CYLINDER HOLDS: After all designated 28-day breaks for a given set meet specified compressive strength, all "hold" cylinders will automatically be disposed of, unless specified in writing prior to the 28-day break. OUTSIDE SERVICES: Outside services performed by others and direct costs expended on the client's behalf are charged at cost plus 20 %. These expenses Include equipment rental. parking, subsistence, photographs, co- insurance endorsement. etc. REPORT CHARGES: Secretarial time will be charged at $70 per hour. A maximum of 6 copies will be issued for each report. FILE SEARCH & Minimum $70 will be charged for Secretarial Time. REISSUE OF REPORT: REPORTING: All reports contracted for by the client will be considered confidential information and submitted directly to him. We will require the authorization of the client prior to distribution to parties other than those designated in Section 1701 of the Uniform Building Code or Title 24. Part 1, California Administrative Code. PAYMENT TERMS: Pa j M for se ce iid u pup! pre do . not tlu in days of the t ce date y will be con ' std nd a ca he a of % th or t mum re (lowed b law wil added un aid ce, until in II. me s or oth er sets in rred in coll n9 d inque is ad ad to nts ue d s [I aid by the party in ced. COMPLETION: Inspector will remain on job until discharged by designated competent authority. CANCELLATION: No Charge if made before 4:00 p.m. of the preceding work day. See Minimum Charge. PARKING: When not furnished for Inspector. parking will be charged at cost plus 20 %. SUBSISTENCE: On remote jobs, subsistence, when not furnished for Inspector, will be charged at cost plus 20 %. INSURANCE: We carry workers compensation, general, auto and professional liability Insurance. LICENSES & PERMITS: T PREVAILING WAGE: The hourly rates provided are in compliance with prevailing wage requirements. As the rates for California Prevailing Wage Increase, our hourly rates will increase accordingly. 17781 Cavan I Irvine, CA 926141 949 -256 -1421 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON-CALL GEOTECHNICAL SERVICES THIS AMENDME$ NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this �I� day of -M 6I / , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California Corporation whose address is 1590 North Brian Street, Orange, California, 92867 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On September 12, 2005, CITY and CONSULTANT entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT", for geotechnical services to assist the City in executing its Capital Improvement Program. B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, dated May 8, 2007. C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or AMENDMENT NO. ONE and to extend the term to September 30, 2011. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Consultant shall be compensated for various services performed pursuant to AMENDMENT NO. TWO and according to AMENDMENT NO. ONE dated May 8, 2007, attached hereto respectively as Exhibit A. 2. Consultant's compensation for services performed as identified in the Letter Proposal, including all reimbursable items and subconsultant fees, shall not exceed $50,000 for each project. 3. Compensation to the Consultant for services performed pursuant to this AMENDMENT NO. TWO for all worked performed from July 1, 2009 to September 30, 2011, including all reimbursable items and subconsultant fees, shall be based on the Schedule of Billing Rates, attached hereto as Exhibit B. 4. The term of the AGREEMENT shall be extended to September 30, 2011. 5. Except as expressly modified herein, all other provisions, terms and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: CITY 70,)YEWPPF�T BEACH, A Mual) or or tion By: ynett D. ea,uc amp Assistant CitAttorney for the City o�Newport Beach ATTEST: By. 1�6Wr� Leilani Brown, City Clerk for the City of N ward D. Selich Mayor for the City of Newport Beach HARRINGTON GEOTECHNICAL ENGINEERING, INC.: By: 1 Don;P. H rrington, J . Vice President By: r Edith Harrington, Secretary and Treasurer Attachments: Exhibit A - Amendment No. One Exhibit B - Schedule of Billing Rates EXHIBIT A 0 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON -CALL GEOTECHINCAL SERVICES THIS AMEN_,DIyAENT NO. 1 O PROFESSIONAL SERVICES AGREEMENT, entered into this � day of 11 , 2007, by and between the CITY OF NEWPORT BEACH, a municipal orporation, (hereinafter referred to as "City ") and HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California corporation whose address is 1590 North Brian Street, Orange CA 92687 ( "Consultant "), and is made with reference to the following: RECITALS A. On September 12'", 2005, CITY and CONSULTANT entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Geotechnical Services to assist the City in executing its Capital Improvement Program. This Agreement is scheduled to expire on .June 30th, 2007. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30"", 2009. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform various geotechnical services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated April 19, 2007, attached hereto as Exhibit A. 2. Compenstaiton to the Consultant for for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2007 to June 30, 2009, including all reimburseable items and subconsultant fees, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: e""(< Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: BY V�/01< � LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Y. Mayor for the City of Newa Beach HARRINGTON GEOTECHNICAL ENGINEERINQ, INC.: in P. Harrington, Jr. Title: Vice President Print Name: By: B.�v (Financial Officer) Title: Print Name:144e TO Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f:\users\pbw\shared\agreements\fy 07 -Mon -call services\Harrington Amendment.doc n u Runfloton kjeot;chnical nguleering, Inc. April 19, 2007 Mr. Michael J. Sinacori, P.E. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Request to Extend On— Call Services Contract Dear Mr. Sinacori: 0 EXHIBIT A PROPOSAL DUE April 20, 2007 Harrington Geotechnical Engineering Inc., appreciated your kind compliments and the opportunity to be of continual service to the City. Certifications for technicians likely to participate on City projects are enclosed. As always, we would like a minimum of 24 hour advance notice to dispatch our personnel. However, as in the past we will respond with less notice if at all possible. We have enclosed the resume of Joseph Welch, P.E., R.G.E., R.E.A., who will provide assistance on any technical issues that may arise on City projects. A revised fee schedule that will be in effect for July 1, 2007 through June 30, 2009 is enclosed. These new rates include CPI increases and anticipated increases determined by the director of industrial relations. Again, we appreciate being able to provide our services to the City and look forward to being of continued service. If you have any questions, please do not hesitate to call. Very truly yours, HARRINGTON GEOTECHNICAL ENGINEERING, INC. Don P. rington, Jr E Vice President DPH: mvp Enclosures Tatt/Main Corporate Center, 1590 North Brian Street, Orange, CA 92867 (714) 637 -3093 • (800) 924 -7645 • FAX (714) 637 -3096 Personnel Principal F.ngmecdGcologist S 85 ('er t!, w Senior Engineer'( cologist S 85 Per flow Supervisor S 75 Per How Geotechnical Aide S 65 Per How Senior Technician (Soil, Concrete. Asphalt Concrete) S 55 Per Hour Technician (Soil, Concrete, Asphaft Concrete) $ 52 Per flour Special Inspector (Grading) $ 80 Pcr flour Special Inspector (Budding Construction) S 65 Per ?tour Dia ispetsurt S 60 Pet flour Clerical Personnel S 36 Per Hour Field %'ehicic%1F.quipnunt Field Vehicle S 6 Per Iloaf Nuclear 64u,!r 5 6 Per Boni Prevailing Wage Projects Senior Technician (Sod, Asphalk i'oncrciellSpecial Inspector (Building Construction), - site Tine 5 S0 Per Hour - Travel Time S 67 Per How Noles Air ra:c it ruhj,w 1,, e hangr ,, acr ordance soh prevailing rage rarer set by the f hrc, for of Industrial Relations July 1. 2008 thin Junr 30, 2009. Site Time 3.4' 00 Trawl time 368 90 Nuclear Gauge and'ur Field Vehicle rhurge included Travel tuna• does nut apply to Speciol taspertor Preparation of Certified Payroll Rrmri 90 ca, Consulting on Legal \laucrs - Deposition 1'estinuto3. Expert \\ itness Testimony, Preparation for Trial and Court Appearances Principal EngineeuGcologiv $300 P,, I] Senior EngmeedGeologist 5275 Pc! n fS 1,100 00 ,41inimum Professional Fee Per Case/ Basis of Charges Travel Artie will be added to job site time to determine total charges. Overtime will be billed at 1.5 times the appropriate hourly rate for time in execs-: of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times the appropriate hourly rates. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows. 4 hours for inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 hours or extending past noon. A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project. A minimum of two (2) hours, including travel time, will be charged for each site visit Prevailing Wage Projects Daily straight time rates will apply to first 8 hours worked Manday - Friday. Overtime rates will apply as follows. Dafiv - I.Sx straight time rate for firs: 4 overtime hours, 2 Ox straight time rate for overtime hours in excess of 4 hours; Saturday - 15x straight time rate for first 12 hours, 2 Ox straight time rate for overtime in excess of 12 flours; SundavlHolidav - 2 Ox or 3 Ox straight time rate, depending on holiday Geo(echnfcal Labora(ory Charges Maximum Density - Optimum Moisture Test - ASTM D1557........... - California Method 216......... - I -Point Verification (ASTM D1557) Moisture Content Test Moisture & Density Test Sieve or Hydrometer Analysis Sieve & Hydrometer Analysis Combined . S 85 Each S IOOEach S 55 Each S 15 Each S 17 Each S 63 Each 0 llamf)Gteor�n t�chnical Personnel Lnslneef' n& Inc — Senior F.nginect /Geologist ...................... .. . .. . Supervisor ......... ................... Geotechnial Aide ........................ Senior Technician (Soil, Concrete, Asphalt Concrete) S.te Time Travel Time ................... ......... Special Inspector (Grading) .... Special Inspector (Building Construction) Site Time Draftsperson . .. ... .. .. Clerical Personnel ... .. . ... .... S ............... S .. S e ................. .. ............................... $ ................. ............................... . $ f ................... _. S f .. ... .. ..... S 100 Per Hour 100 Per Hour 90 Per Hour 74 Per flour 85 Per Hour 70 Per Hour 87 Per flour RS Pet Hour 65 Per flour 40 Per Hour Preparation of Certified Payroll Rcport ............................................. ............................... stall each Consulting on Legal Matters - Deposition Testimony, Expert Witness 'Testimony, Preparation for 'Trial and Court Appearances Principal Engineer /Cwlogut .............. ..... .......... ... ..... ............................... S350 Per Hour Senior Enpmeer✓reologist ............................. ........ ........... .............................. $300 Per Hour (31,500.00 Minimum Pr %ssioeal Fee Per Corr) Basis of Charges Travel time will be added to job site time to delemune total charges Overtime will he lulled at LS times the appropriate hourly rate for time in excess of eight hours per day and for work performed on Saturdays. Charges for work perforated on Sundays and /or holidays will be billed at two times the ap proo rnue hourly rates. Minimum charges for Special Inspector (building consimcuon) wilt, per industry standard, be detemnncd as follows. 4 hours for insl>eGmns performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 houra or extending past noon. A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project. A minimum of two (2) hours, including travel time, will be charged for each site visit. Daily straight time rates will apply to first S hours worked Monday - Friday. Overtime rates will apply as follows Daev - 1.5x straight time rate for first 4 overtime hours, 2.Ox straight time rate for ovcninio hours in "cm of 4 hours•, Saturday - 1.5x straight time rate for First 12 hours, 2.Ox straight time rate for ovattime in excess of 12 hours, Sund"Molidav .2.Ox or 3 O straight time rate, depending on holiday. Ceotechnical Laboratory Charges Maximum Density-Optimum Moisture Test -A.STM D1557 ......................................................... ............................... S 90 Each - California Method 216 .................................................. ............................... S 110Fach - I -Point Verification (ASTM D1557) ............................. ............................... I ......... S 60 Fach Moisture Content Test ....... ................................................. ............................... S 16 Fach Moisture & Density Test ............. .................................. ............................... S It Fach Sieve or Hydrometer Analysis .................................................... ............................... S 70 Each Sieve & Hydrometer Analysis Combined ............................................. ............................... S 120 Each Sand Equivalent Test ........ ............ ............... ............................... S 40 Fach Collapse Potential Tat....... ........................................... ............................... $ too Bach Consolidation Test - With Tian Rate ................................................ ............................... f 120 Each' - without Time Role ..... ...................................... ............................... S I10 Each Direct Shear'rest - feast ........................ .................. .. .... ........ ............................... S 125 Each •Add i60Fobncierroa C6mge%r Tkwson Reaaoldef Speetnreru Anerberg Limits (I.l. & Pl. Only) ....................... ............................ ............................... S 140 Each Expansion Index Test ............................................................. ............................... S 95 Each fly Stabilonictcr (R- value) Test - (Soil) ............................................ ............................... S 270 Fach Hvecm Stabilometer (R- va)ue) Teat - (Aggregate Base) (G1301 or AS1M 2944) ... . .......... ............................... S 223 Each Water- Soluble Sulfate Test ...... ............................ ............................... S 55 Each (over) TaNMuin Corporate Center, 1590 North Bran Street, Orange, CA 92867 (714) 637-3093 • (800) 824.7645 FAX (714) 637 -3096 Concrete Coring 0 2" to 8' diameter up to 6' thick ..... ............................... .... _ ... ...... S 75 Per Core Additional thickness ...... ........ ..... .. ....... .... ... .................. .... .. S 15 Per Inch Mobilintion- Demobilintio . Charge (Portal- to-Portal) ... ... ............ .. S 140 Ila Hour Concrete Laboratory Charges Compression Test Comorele Cylinders (AMM C39) . ........... ........... .. .. .... .. .. _ .... ..... ... S 20 Path' Monar Cylinders (ASTM C39) ........... ... .. ... ..... .. ....... ..... S 20 Each Grout Prisms (Uniform Building Code Standard 24 -28) ......................... .. .... .. S 20 Each' Sample Pick -Up ....... ...... .. ............................... .. _ ... .. .. .. $ Quotation 'Includes Molds & Report of Results Asphalt Concrete Laboratory Charges Maximum Densuy Determmatrun (Cal 304m2 pt, Average) ... ..... ...... .... . ......... ..... S 175 Each Stability Value (('al 366) .. S 120 Fach Extraction /Gradation ... ...... ........ ..... .. .. .. S 1 15 Each Miscellaneous Charges The charge for any tests not indicated above will be billed at cost plus 15 percent lalwratory technician time will be billed at the tale of $65 per hour Fax Trimmussion (SS 00 minimum) ... ... .. .. ......... ....................... . .... . .............. S 1.50 Pe Page Effective Date -W� ZO�� This Fee Schedule will remain in effect throughout the penod July I, 2009 through June 10, 2016 Expenses Job -1 elated expenses (per diem, long distance telephone calls, permits, outside printing services, special tests, etc.) will be billed at cost plus 15 percent. Report reproduction (in- house) will he billed at cost. Terms of Payment Monthly invoices will be issued for work in progress and a final invoice will be issued upon completion of services. Payment is due upon presentation of invoice and, if not wntested within fourteen (14) calendar days, is past due thirty (30) days from date of invoice. Paa due accounts may he subject at a carrying charge of 18 percent per annum ((* the maximum rate allowed bylaw) until paid in full. Attorney fees or other collection costs incurred in connection with a past due amount will be charged to the client (Nl+l+l1H.WW lYLY it N0— � 'Ikl i,,'" 0 -0 -0 California Business Search 0 • Page I of 1 KNOBS` M1ia BIT Portal Necrclan of �4t;Uc DE03RABOWEN DISCLAIMER: The information displayed here is current as of MAY 15. 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fickh; indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for scn ice of process is automatically revoked. Please refer to California Corporations Code Section 2114 lir information relating to service upon corporations that have surrendered http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber— CI565751 &printer —yes 05/21/2009 Corporation HARRINGTON GEOTECHNICAL ENGINEERING, INC. Number: C1565751 Date Filed: 1/19/1990 Status: active Jurisdiction: California Address 1590 NORTH BRIAN ST ORANGE, CA 92867 -3406 Agent for Service of Process DON P HARRINGTON SR 1590 NORTH BRIAN ST ORANGE, CA 92867 -3406 Blank fickh; indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for scn ice of process is automatically revoked. Please refer to California Corporations Code Section 2114 lir information relating to service upon corporations that have surrendered http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber— CI565751 &printer —yes 05/21/2009 Fax #: 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: .6/17/2009 Dept. /Contact Received From: Shamta Oyler _ Date Completed: 611912009 Sent to: Shaun Oyler By Jennifer King Company /Person required to have certificate: Harrington Gcoiechmcal 1. GENERAL LIABILITY A INSURANCE COMPANY l ravelers 1'rty_ Casual v_Co (it America B. AM BEST RATING (A VII or greater): A +: XV _ C ADMITTED Company (Must be California Admitted): Is Company admitted in Calfornia? ® Yes ❑ No D LIMITS (Must be $1M or greater): What is limit provided? $IMN $2MM.$2MM E PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H 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 ® No I NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property & Casualty Co of Amcrica _ B. AM BEST RATING (A. VII or greater) At: XV C ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) Is it included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. • • III WORKERS' COMPENSATION A INSURANCE COMPANY Hudson Insurance Company B AM BEST RATING (A. VII or greater): A:XV C LIMITS- Statutory D WAIVER OF SUBROGATION (To include) Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO WHICH ITEMS NEED TO BE COMPLETED? _ 1 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT J0 0 9 2009 Agenda Item No. 10 June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, P.E. 949 - 644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: ON CALL GEOTECHNICAL SERVICES APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS RECOMMENDATIONS: 1. Approve Professional Services Agreements with GMU Geotechnical, Inc. for on -call geotechnical services and authorize the Mayor and City Clerk to execute the • Agreement. 2. Approve Amendment No. 2 to Professional Services Agreement with Harrington Geotechnical for on -call geotechnical material and compliance testing services and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On -Call Professional Services Agreements (PSAs) were developed to avoid a large volume of small but time - consuming agreements between the City and consultants to accomplish on -going project tasks for implementation of the Capital Improvement Program (CIP). The On -Call PSA is identical to the standardized PSA used by the City with the exception of Section 2 (Services to be Provided) and Section 4 (Compensation to the Consultant). These sections have been modified to allow the consultant to provide services for multiple projects at fees that are set for a two year period of time. In accordance with Council Policy F -14, staff requested statements of qualifications from local firms. Based on the qualifications received, staff is recommending approval of a Professional Services Agreement with GMU Geotechnical, Inc. to provide on call geotechnical services which include performing studies, analysis, and design as required for various City projects. GMU Geotechnical, Inc. has performed geotechnical • services including design and analysis and has shown a high quality of work when interacting with several public agencies. The firm recently completed well - performed geotechnical services for streets and city -owned developments for the Cities of Laguna Niguel and Dana Point. GMU Geotechnical will replace Leighton Engineering as our • Geolechnical Services - Appro& Professional Services Agreement June 9, 2009 Page 2 on call geotechnical engineer. However, Leighton will continue to focus their services • on existing contracts for geotechnical work on City Hall and Marina Park. We are also recommending a continuation of the current agreement with Harrington Geotechnical Engineering which expires on June 30, 2009. City Council originally approved a Professional Services Agreement with Harrington Geotechnical Engineering on June 28, 2005 and extended that agreement on May 8, 2007 to provide as needed on -call material testing and compliance services for many of our Capital Improvement Program (CIP) projects. This firm has provided exceptional high quality service on numerous projects and has maintained lower rates as their focus is in material testing and compliance. The proposed On -Call PSAs for both companies would be effective for a two year period through September 30, 2011. Rates included in the agreements are competitive and in line with industry standards. Please see the attached Rate Comparison Table. Funding Availability: Funds for these services are available in specific project accounts within the City Council approved Capital Improvement Program. Environmental Review: • Environmental clearances will be completed for each Capital Improvement Project. Prepared by: Submitted by: Stephen Luy, P.E. / St ery'Badum Associate Civil Engineer ( ubli orks Director Attachment: Agreement with GMU Geotechnical, Inc. Amendment No. 2 with Harrington Geotechnical Engineering Rate Comparison Table is 0 RATE COMPARISON TABLE HARRINGTON GEOTECHNICAL ENGINEERING. INC. C Position 2007 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Principal Engineer /Geologist $85 $100 $15 Senior Engineer /Geologist $85 $100 $15 Supervisor $75 $90 $15 Geotechnical Aide $65 $74 $9 Senior Technician $55 $85 $30 Special Inspector (Grading) $80 $87 $7 Special Inspector (Building $65 $85 $20 _Construction) Draftsperson $60 $65 $5 Clerical Personnel $36 $40 $4 Amount Expended 6/2007 - 6/2009 Balboa Village Alley Replacement $ 7,221.00 • Birch Street Rehabilitation $ 4,354.00 Cliff Drive Park Stairway & Handrail $ 3,000.00 Corona del Mar Street Rehab $ 18,468.00 Dover Drive Sidewalk Improvements $ 6,888.00 East Bay Ave. & A Street Rehab $ 4,861.00 Eastbluff Dr. Street Rehab $ 15,420.00 Fire Station Training Facility $ 17,850.00 Little Corona Restroom $ 1,631.50 Mariners Park Improvements $ 7,000.00 McFadden Square Centennial Monument $ 1,309.00 Newport Coast Drive & Pelican Hill Rd. $ 15,000.00 Newport Coast Retaining Wall $ 1,756.00 Newport Theatre Arts Center Lobby Add. $ 20,000.00 Sidewalk, Curb & Gutter Replacement FY 07 -08 $ 5,200.00 Superior Ave Street Rehab $ 15,000.00 Superior Ave. Median Improvements $ 6,500.00 Via Lido Crib Wall Replacement $ 11,500.00 _West Ocean Front Alley Water Main $ 10,000 Total $ 186,858.50 • 0 GMU GEOTECHNICAL, INC. 0 Position 2007 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Principal Engineer /Geologist N/A N/A $200 $180 N/A N/A Senior Engineer /Geologist Associate Engineer /Geologist N/A $160 N/A Project Engineer /Geologist N/A $145 N/A Staff Engineer /Geologist N/A $130 N/A Engineering Technician N/A $100 N/A Engineering Seismological Technician N/A $135 N/A Seismic Refraction Studies N/A 1 $400 N/A Special Registered Inspector N/A 1 $90 N/A ' On -Call Agreement with Leighton Consultants, Inc. will expire in June 30, 2009, and will not be renewed. 0 • • r • AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON -CALL GEOTECHNICAL SERVICES THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California Corporation whose address is 1590 North Brian Street, Orange, California, 92867 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On September 12, 2005, CITY and CONSULTANT entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for geotechnical services to assist the City in executing its Capital Improvement Program. B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, dated May 8, 2007. • C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or AMENDMENT NO. ONE and to extend the term to September 30, 2011. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO ". as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Consultant shall be compensated for various services performed pursuant to AMENDMENT NO. TWO and according to AMENDMENT NO. ONE dated May 8, 2007, attached hereto respectively as Exhibit A. 2. Consultant's compensation for services performed as identified in the Letter Proposal, including all reimbursable items and subconsultant fees, shall not exceed $50,000 for each project. 3. Compensation to the Consultant for services performed pursuant to this AMENDMENT NO. TWO for all worked performed from July 1, 2009 to September 30, 2011, including all reimbursable items and subconsultant fees, 40 shall be based on the Schedule of Billing Rates, attached hereto as Exhibit B. E 4. The term of the AGREEMENT shall be extended to September 30, 2011. 5. Except as expressly modified herein, all other provisions, terms and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: By: _ ynet e u hamp Assistant City orney for the City of Newport Beach ATTEST: By: Leilani Brown, City Clerk for the City of Newport Beach CITY OF NEWPORT BEACH, A Municipal Corporation Edward D. Selich Mayor for the City of Newport Beach HARRINGTON GEOTECHNICAL ENGINEERING, INC.: M 0 Attachments: Exhibit A - Amendment No. One Exhibit B - Schedule of Billing Rates Don P. Harrington, Jr., Vice President Edith Harrington, Secretary and Treasurer • u • AMENDMENT NO. 1 TO •PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON -CALL GEOTECHINCAL SERVICES THIS AMEND ENT NO. 1 O PROFESSIONAL SERVICES AGREEMENT, entered into this day o 170 2007, by and between the CITY OF NEWPORT BEACH, a municipal orporation, (hereinafter referred to as "City ") and HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California corporation whose address is 1590 North Brian Street, Orange CA 92687 ( "Consultant'), and is made with reference to the following: RECITALS A. On September 121", 2005, CITY and CONSULTANT entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement", for Geotechnical Services to assist the City in executing its Capital Improvement Program. This Agreement is scheduled to expire on June 30th, 2007. B. City desires to enter into this Amendment No. 1 to extend the term of the • Agreement to June 30'", 2009. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. I", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform various geotechnical services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated April 19, 2007, attached hereto as Exhibit A. 2. Compenstaiton to the Consultant for for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2007 to June 30, 2009, including all reimburseable items and subconsultant fees, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. • U U • 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: A ``'`~ C - 1 I C_� Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By (41,1 1,'&IV- LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Y Mayor for the City of Newa Beach HARRINGTON GEOTECHNICAL ENGINEERINQ, INC.: 0 Title: Vice President Print Name �ON) (Financial Officer) Title: / , Print Name: ,--Z>1711 fL75�r� %�� %0%1� Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates L \userslpbw%sharedlagreementslfy 07 -08bn -call services\Harringlon Amendment.doc u EXHIBIT A llia=(Iton • eot onec Timm eerillg, Inc. April 19, 2007 PROPOSAL DUE April 20, 2007 Mr. Michael J. Sinacori, P.E. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Request to Extend On— Call Services Contract Dear Mr. Sinacori: Harrington Geotechnical Engineering Inc., appreciated your kind compliments and the opportunity to be of continual service to the City. Certifications for technicians likely to participate on City projects are enclosed. As always, we would like a minimum of 24 hour advance notice to dispatch our personnel. • However, as in the past we will respond with less notice if at all possible. We have enclosed the resume of Joseph Welch, P.E., R.G.E., R.E.A., who will provide assistance on any technical issues that may arise on City projects. A revised fee schedule that will be in effect for July 1, 2007 through June 30, 2009 is enclosed. These new rates include CPI increases and anticipated increases determined by the director of industrial relations. Again, we appreciate being able to provide our services to the City and look forward to being of continued service. If you have any questions, please do not hesitate to call. Very truly yours, HARRLINGTON GEOTECHNICAL ENGINEERING, INC. lo n P. rington, Jr EA Vice President DPH: mvp • Enclosures Tatt)Main Corporate Center, 1590 North Brian Street, Orange, CA 92867 (714) 637 -3093 • (800) 924.7645 • FAX (714) 637 -3096 Personnel Principal EngmeetiGeologist .... ... .. ..... S 85 Per Hour Senior Engineer/Geologist .. .... ....... .. ........ .... .. .. S 85 I'er Hour Supervisor ...... ..... .... ... ............. ....... ...... .. S 75 Per How Geotechmcal .Aide ..... .... .. _ .. ........ .. S 65 Perilous Senior Technician (Sod, Concrete, Asphalt Concrete) ............ ........... .......... ........... ......... S 55 Per Hour Technician (Sod, Concrete, Asphalt Concrete) ....... .... ......................... .. .. ....... ...... S 52 Per How Special Inspector (Grading) ...... ............ .... .. ... ..... S 80 Per Hour Special Inspector (fduitdmg Construction) .............. ... ........ ................. .............. S 65 Per Hour Dransperson ... .. ............... ..... ...... ..... S 60 Per Hour Clerical Personnel .. .... . _ .. S 36 Per Hour Field Vehicles/Equipment Field Vehicle Nuclear Gauge .. S 6 Per Flom S 6 Pcr Hour Prevailing Wage Projects Senior Technician (Soil. Asphalt Concrete)/Special Inspector (Budding Construction) •Site Time .. ........... ............ . .. $ 80 Per Hour" - Travel Time ........ ........ S 67 Per Hour" Notes ' - 21ns rare is subject to change ai acrordanCe with prevailing wage rates set by the Director of lndustrial Relations July 1. 2008 that June 30. 2009..Stte line $82 00. Travel time $68 00 - Nuclear Gauge and/or Field Vehicle charge included ' - Travel time doer nor apply to Special inspector Preparation of Certified Payroll Report ...... $100 each nsulting on Legal A'tatlers - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and Court - wnppearances Principal Engineer /Geologist ........... _ ... ... .... $300 Per How Senior EngineeriGeologmst ........................... . 5275 Per Hour . . .. ................ ............................... (51,200 00 Minimum Professional Fee Per Case) Basis of Charges Travel time will be added to job site time to determine total charges. Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess of eight house per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times the appropriate hourly rates. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections perforxd before noon or beginning after noon, 8 hours for inspections performed in excess of 4 hours or extending past noon. A minimum of four (4) hours will be charged for any field smites and a minimum fee of 5400 will apply to any project. A minimum of two (2) hours, including travel time, will he charged for each site visit. Prevailing Wage Projects Daily straight time rates will apply to first 8 hours worked Monday - Friday. Overtime totes will apply as follows: Daily - I.Sx straight time rate for Orst 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Saturday - 1.5x straight time rate for first 12 hours, 2.Ox straight time rate for overtime in excess of 12 hours; Sunday /Holiday - 2.Ox or 3.Ox straight time rate, depending on holiday. Geotechnical Laboratory Charges Maximum Density- Optimum Moisture Test - ASTM D1 557 ._.....I.......I ............... ......... $ 85 Each • California Method 216 ............ _ .... _ ........ . ............ ........................ ..... ..... S I WEach • 1 -Pant VeriEcalion(ASTM D1557) ..................... _ ..... ..... .............................. S 55 Each oislure Content Test .... .... ... ... .... S 15 Each uture & Density Test .. ... _ . $ 17 Each vc or Hydrometer Analysis ........ .. ..... ..... ... .. . .... ........ ..... S 63 Each Sieve & Hydrometer Analysis Combined ............... ........ ........................ ...... ................. S 115 Fach (over) rn • X S vo ca 0 0 0 llatrin(�ton _ VVeOHn g inn Personnel 100 Per flour 100 Per Hour 90 Per Hour 74 Per flour 8S Per Hour 70 Per Hour 87 Per (lour 85 Per Hour 65 Per flour 40 Per Hour Preparation of Certified Payroll Report ............................................. ............................... SI00 each Consulting on Legal Matters - Deposition Testimony, Expert Witness 'testimony, Preparation for Trial and Court Appearances Principal Fnginter/Geologist ............ ............................... ... . $350 Per ....... .... ..... .. ................. llnur Senior EnginarK ieologist ...................................................... ............................... S300 Per flour (f 1.300.00 Minimum Pwfmiomrl Fm Per Care) Basis of Charges 'Ravel time will be added to job site time to delemnine total charges. Ovestune will be billed at 1.5 times the appropriate hourly rate for time in excess �of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two tines the ppropriatc hourly rota. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections Performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 hours of extending past noon. A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any prujecl. A minimum of two (2) hours, including travel time, will be charged for each site visit. Daily straight time rates will apply to first 8 hours worked Monday- Priday. Overtime rates will apply a follows: 11gly - 1.5x straight time rate for first 4 overtime hours, IN straight time rate for overtime hour; in meess of 4 hours, Saturday - I.Sx straight time We for first 12 hours, 2.Ox straight time rate for overture in excess of 12 hours; Sumhy/Hondav - 2.Ox or IN straight time rate, depending on holiday. Geotechnical Laboratory Charges Maximum Dernsity- Optimum Moisture Tat - AS1M 131557 .......................................................... ............................... S 90 Fach - CaliComia Method 216 .................................................. ............................... S IIOPach -I -Point Verification(ASTM D1557) ......................................... ............................... $ 60 Fick Moisture Content Tat ................................... ............................... .. S 16 ...................... Fach Moiswm & Density Test .................................... ............................... . $ 18 Each .................... Sieve or Hydrometer Analysis ......... . Steve & I lydromcter Analysis Combined ............................................. ............................... S 120 Each Sand Equivalent Test ...... ............................... ................... S 401rach .... ............................... Collapse Potential Tat ........................................................... ............................... S 100 Bach Consolidation Test - With Time Rate .............. ........................... ............................... ' ....... S 120 Fach - Without Time Rate ............................................. ............................... S I10 Pach' Direst Shan Test - Fast ........................................................ ............................... S 125 Fach' eAdd $60 Fabrication C.barge far Tests on Remolded Specimens. Anerberg limits (LL & Pl, Only) .............. ............................... .................... ................. S 140 Each Expansion index Test ............................................................. ............................... S 95 Pesch liveem Sabilosreter (R- value) Tat - (Soil) ....... .... .. .. .. ..... ... ......... S 270 Each Wvcan Stabilometer (R- value) Tat - (Aggregate Box) (CSI 301 or ASfM 2844) .............. ............................... S 225 Each I eta - Soluble Sulfate Test ............. ........................................ ............................... S SS Each (over) TafVMji n Corporato Conte,, 1590 North Rnan Stre*L Otange, CA 92867 (714) 637 -3093 • (800) 9247665 FAX (714) 637 -3096 • • Concrete Coring 2" to 8- diameter up to 6' thick .................................................. ............................... S 75 Per Core Additional thickness ................................................... ............................... S 15 Per Inch • Mobilization- Uerr"ilization Charge ( Portal- to-Portal) ............................... ............................... S 140 Per Hour Concrete Laboratory Charges Compression Test Concrete Cylinders (A% I'M C39) ........................................... ............................... S 20 Faeh Mortar Cylinders (ASTM C39) ............................................ ............................... S 20 Each Grout Prisms (Uniform Building Code Standard 24 -28) ......................... ............................... S 20 Each SamplePick -Up ................................................................ ............................... S Quotation `Includes Molds & Report of Rendu Asphalt Concrete Laboratory Charges Maximum Density Determination (Cal 304m 2 pt. Avenge) ............................... ............................... S 175 Each Stability Value (Cal 366) .......................................................... ............................... S 120 Fach FStndlordGradation...... ...................................................... ............................... 5175 Each Miscellaneous Charges The charge for any tests not indicated above will be billed at cost plus 15 percent. Isborwory technician time will be billed at the rate of $65 per hour Fax Transmission (S5.00 minimum) ......... ............................ ............................... .. S 1.50 Per Page Effective Date 2z%% This Fee Schedule will remain in a fect throughout the period July I, 2009 thmughlui430, 20W. Expenses lob- relatod expenses (per diem, long distance telephone calls, permits, outside printing services, special tests, ere.) will be billed at cost plus 15 percent. Repon reproduction (in- house) will be billed at cost. Terms of Payment Monthly invoices will be issued for work in progress and a final invoice will be issued upon completion of service. Payment is due upon presentation of invoice and, if not contested within fourteen (14) raleruim days, is past due thirty (30) days from date of invoice. Past due accounts maybe subject to • a carrying charge of 18 percent per annum (or the naximum rate allowed bylaw) until paid in full. Attorney fees or other collection costs mcuned in connection with a past due amount will be charged to the clienL 0 -0-0 • 0 0 • PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR ON -CALL GEOTECHNICAL CONSULTING SERVICES THIS AGREEMENT is made and entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and GMU GEOTECHNICAL, INC., a California corporation whose address is 23241 Arroyo Vista, Rancho Santa Margarita, California, 92688 ( "Consultant'), 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 has a need for on -call assistance for geotechnical consulting services. C. City desires to engage Consultant to perform on -call geotechnical services throughout the City on an as need basis ( "Project'). • D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be GREGORY P. SILVER, F. 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 above written date, and shall terminate on the 30th day of September, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Calf' geotechnical services as described in the • Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, Consultant shall provide a letter proposal 0 0 for services requested by the City (hereinafter referred to as the "Letter • Proposal "). The Letter Proposal shall include the following: A. A detailed description of the services to be provided; B. The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the services; and D. The time needed to finish the specific project. 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 Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit "B" and incorporated herein by reference. • 2 0 0 • No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Any Letter Proposal that sets forth fees in excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a separate Professional Service Agreement approved by per Council Policy F -14. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and/or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal 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) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: is A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work 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 Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER • 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 0 10 times during the Agreement term. Consultant has designated Gregory 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Dave Webb shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this • Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. • 11 0 0 . 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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, or 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 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and • against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or the acts or omissions of its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's 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 0 0 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. 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 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 and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. • 6 0 0 • B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least • thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for • each occurrence. 0 0 4. Professional Errors and Omissions Insurance. Consultant shall • maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 1. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 2. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 3. This insurance shall act for each insured and additional insured as • though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its • own cost and expense, any additional kinds of insurance, which in its own 0 0 0 • judgment may be necessary for its proper protection and prosecution of the work. 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 cotenancy, 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 parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written . consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received • from Consultant written consent for such changes. 9 18. ilk 20 21 • • COMPUTER DELIVERABLES • 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 City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 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 authorizes the release of information. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and • accurate records with respect to the costs incurred under this Agreement and 10 0 0 • any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. All such records shall be clearly identifiably. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records 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 under this Agreement. 23. WITHHOLDINGS City may withhold payment 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 his 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. • 24. 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 paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. • Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for 11 • • any and all claims for damages resulting from Consultant's violation of this • Section. 27. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Dave Webb Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Gregory Silver GMU Geotechnical, Inc. • 23241 Arroyo Vista Rancho Santa Margarita, CA 92688 Phone: 949 - 888 -6513 Fax: 949 - 888 -1380 28. TERMINATION 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 and other information 12 0 0 • developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. 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, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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 13 reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 36. 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. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By; yne e . B au hamp Assistant City orney for the City of Newport Beach ATTEST: 0 Leilani Brown, City Clerk For the City of Newport Beach Attachments: CITY OF NEWPORT BEACH A Municipal Corporation L�7 Edward D. Selich, Mayor for the City of Newport Beach GMU GEOTECHNICAL, INC.: By: Gary K. Urban, President Gregory P. Silver, Vice President Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates 14 • • rn • • 23241 nta Rancho Santa Ma, Mar ganw CA 92688 GEOTECHNICAL, INC. voce 949.888 6513 fax 949 888.1 380 web: vr'.wgrrwgeocorn March 30, 2009 Mr. Fong Tse CITY OF NEWPORT BEACH Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 GMU Proposal No. P -0940 Subject: STATEMENT OF QUALIFICATIONS — City Geotechnical Consulting Services, City of Newport Beach, California Dear Mr. Tse: We are pleased to present this Statement of Qualification& for Geotechnical Consulting Services for the City of Newport Beach, GMU Geotechnical, Inc. (GMU) is a small business • enterprise (SBE) with over 40 years of experience in Orange County. GMU has significant public works experience and acts as the City Geotechnical Consultant for the Cities of Laguna Niguel, Dana Point, and Chino Hills. In addition, GMU has had extensive project experience in the City of Newport Beach. In addition to our SOQ, we have enclosed our company brochure. 1 j GMU welcomes the opportunity to meet with you and further discuss our firm's qualifications. Respectfully submitted, GMU GEMECRINICAL, INC. Gregory SiAA, hSt.Sc., PE, GE Vice PresideAA Principal Engi cr n LJ SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICE • GI�TT: 17J GMU GEOTECHNICAL, INC. STATEMENT OF QUALIFICATIONS - CITY GEOTECHNICAL CONSULTING SERVICES FOR THE CITY OF NEWPORT BEACH, CALIFORNIA COMPANY OVERVIEW GMU Geotechnical, Inc. (GMU), a state certified Small Business Enterprise (SBE) was established as a privately -owned company in 1968 to provide high- quality, cost- effective geotechnical engineering services to a select group of public and private sector clients. We take pride in our successful history of providing practical solutions to complex problems. GMU Geotechnical is operated out of an 8,500- square -foot commercial building located in • Rancho Santa Margarita, Orange County, California. Our office is well equipped with state -of- the -art computers, software for geotechnical analyses, an oversized plotter to generate plans, and other tools to ensure efficiency and accuracy of our work. We operate a complete soil and rock mechanics laboratory that is continually updated and calibrated to meet the most current specifications. Our laboratory is approved by the California Department of Transportation (Caltrans) and other public agencies. Our staff consists of highly qualified registered professionals and engineering technicians with experience in all phases of geotechnical engineering and engineering geology. GMU employs four Professional and Geotechnical Engineers and three Certified Engineering Geologists, all of whom are licensed by the State of California. We are confident of the skills and capabilities our staff offers, and we are committed to providing our clients with high- quality, cost - effective services. This is exemplified by both the number and variety of projects we have successfully completed and the long -term relationships we have developed with our clients. Our projects include public works and private sector developments, and have varied in size from single - family residences to high -rise structures, water treatment plants, reservoirs, dams, transportation- related projects, bridges, public infrastructure, landslide mitigation, and large hillside developments. U U 0 9 SOQ FOR CITY GF.OTECIINICAI_ CONSULTING SERVICES 90 CJ IMISSION STATEMENT Building on a lleritage of Competence and Character, GMU is Committed to... • Providing accurate and innovative geotcchnical services tailored to the unique needs of our clients in a cost - effective and timely manner. • Maintaining integrity at every level of the organization and exhibiting personalized concern for the objectives of our clients. • The professional development and welfare of our staff. KEY PROFESSIONAL STAFF FOR CITY SERVICES GMiJ's key professional staff with regards to providing geotechnical services to the City of Newport Beach, are described below: Mr. Gree Silver, M.Sc., PE, GE — Greg currently is Vice President and Principal Engineer for • GMU. Greg has over 20 years of experience providing geotechnical services to numerous governing agencies, including geotechnical review services. Locally, Greg was the lead geotechnical engineer on the recently completed Banning Ranch Development Study. Mr. Mike Moscron, M.Sc., PE, GE — Mike is a Principal at GMU and has had extensive project experience in Newport Beach. He has performed numerous harbor- and dredging- related studies, performed geotechnical design for wharf structures, and has performed third -party reviews of geotechnical reports for the City of Newport Beach. Ms. Lisa Bates - Seabold, PG. CEG — Lisa currently serves as the lead professional for geotechnical services to the Cities of Chino Hills, Laguna Niguel, and Dana Point. She has extensive experience in a variety of geotechnical projects for governing agencies and private parties. Mr. David Atkinson — Dave is a Senior Project manager at GMU. He has extensive experience in Newport Beach including numerous projects in Newport Center, including the Newport Beach Central Library, as well as Hoag Hospital. Dave also heads our pavement engineering services division which provides pavement design and consulting for new roads as well as pavement rehabilitation projects. Mr. Alan `Bob" Mutchnick. PG CEG — Bob serves as GMU's Director of Engineering Seismological Services, handling all of our applied geophyics, blasting, and construction • vibration and monitoring. Bob has overseen numerous projects in Newport Beach where GMU has provided construction movement and vibration monitoring. SOQ FOR CITY GEOT• NICAL CONSULTING SERVICES• 19 CIU CJ Mr. Ron Leiman, M.Sc., PE, GE - Ron is GMU's most experienced geotechnical and geo- structural engineer. Throughout his 40 -year career, Ron has performed designs for virtually every type of structure in Orange County, including over 30 bridges. Mr. Aron Taylor, M.Sc., PG, CEG -Aron serves as GMIJ's lead geologist for construction in the field as well as our seismic geologist. Aron routinely performs ground motion studies for all types of structures. Mr. Dan Stoica, PF, - In addition, to geotechnical engineering, Dan performs the design of Mechanically Stabilized Earth (MSE) walls for GMU. Mr. Rob Howell - Rob has over 15 years of experience as an Engineering Technician, project coordinator, and technician supervisor on a variety of projects, including commercial/industrial, residential, and public works for both governing agencies and private parties. In addition to the professionally licensed staff, GMU also employs two geotechnical laboratory technicians and six highly experienced engineering technicians who have an average of 12 years of experience and have worked on a wide variety of projects throughout Southern California. GEOTECHNICAL SERVICES FOR GOVERNING AGENCIES J GMU currently provides geotechnical services for a number of governing agencies, including geotechnical review services for the Cities of Chino Hills and Laguna Niguel. Duties include geotechnical review of entitlement, engineering, and building projects for permitting purposes, as well as communication with City staff on a regular basis. Our professional staff communicates via telephone, email, fax, and in- person with permit applicants and geotechnical consultants when appropriate. In addition, GMU provides additional services to the Cities of Chino Hills, Laguna Niguel, and Dana Point on an as- needed basis. These services range from emergency landslide cleanup and repair to geotechnical design for public works projects. Other notable items in regards to GMU's service to municipalities include: • GMU staff has over 20 years experience providing geotechnical services to ten different municipalities; • GMU staff has extensive experience interacting with City staff for a variety of services, particularly permitting and review services; • GMU staff has developed geotechnical review guidelines as well as several Code supplements for adoption by several Cities; • GMU has developed innovative billing and cost- tracking techniques for streamlining the review process; • 11 0 0 SOQ FOR CITY GEOTECIINICAL CONSULTING SERVICES n QVIu • GMU staff, through their involvement with CalGeo (formerly CGEA), was involved in developing a technical Code comparison between the 2001 California Building Code and the recently adopted 2007 California Building Code; • GMU staff has trade formal presentations at meetings with City staff, City Councils, and Planning Commissions; • GMU staff has provided emergency landslide response and coordinated with PEMA and GES for funding and repair of failures on municipal property; • GMU has provided legal representation to several municipalities in regards to slope problems or inverse condemnation issues; • GMU staff has designed numerous MSE walls, has published papers on the subject, and has extensive experience in evaluation of MSE wall failures; • GMU staff has extensive experience in the geotechnical investigation, design, and observation of large grading projects; • GMU regularly performs pavement design and analyses for roadways and parking areas. • I CITY GEOTECHNICAI, EXPERIENCE. GMU's professional staff provides consulting services for the Cities of Chino Hills, Laguna Niguel, and Dana Point, as summarized below: Chino Hills — o Review services for entitlement and engineering o Communication with permit applicants o Consulting for Public Works projects o Consulting for Parks and Recreation projects • Geotechnical services for streets and City -owned developments • Slope evaluation and geotechnical repair services • Emergency services, including slope failures and landslides • Laguna Niguel — o Review services for entitlement, engineering, and building • Communication with permit applicants • Consulting for Public Works projects • Consulting for Parks and Recreation projects • Geotechnical services for streets and City-owned developments • Geotechnical services for construction of City offices • o Slope evaluation and geotechnical repair services o Emergency services, including slope failures and landslides SOQ FOR CITY GEOT•INICAL CONSULTING SERVICES (VIt; • Dana Point — • • Consulting for Public Works projects • Gcotechnical services for streets and City -owned developments • Consulting for Parks and Recreation projects • Slope evaluation and geotechnical repair services • Emergency services, including slope failures and landslides • Geologic observation and consulting for ocean bluff failures and debris falls GMU's Vice President and Principal Engineer 1989 working for numerous Cities serving in A sampling of these Cities is listed below: • Malibu • Moorpark • Rancho Palos Verdes • Vista • Agoura Hills • Palos Verdes Estates • Hidden Hills , Mr. Greg Silver, has extensive experience since the capacity as the City's Geotcchnical Engineer. Mr. Silver's experience within these municipalities includes review work, policy establishment, • geotechnical design for City projects, landslide disaster response, coordination with FEMA and other state and federal agencies, legal/forensic representation, as well as presentations to City Council, Planning Commission, and other City appointed groups. COUNTY OF ORANGE GEOTECHNICAL EXPERIENCE GMU routinely performs geotechnical consulting services to the County of Orange on a wide variety of projects. Currently GMU is ranked No. 2 on a list of over 30 geotechnical firms eligible to perform work for the County. Select on -going projects are listed below. • Trabuco Creek Levee Improvement Project • Laguna Canyon Road — Segment 4 Widening • Lincoln Avenue Widening • La Pata Gap Closure Project • Ortega Highway Widening at La Pata u • • SOQ fOR CITY GFOTECIINICAL CONSULTINGSERVICF_S 91 (Mil RUERENCES GMU takes pride in developing relationships with our clients. In that regard, we recommend the following contacts be considered for references: Mr. Robert P. Lenard, Director of Community Development City of Laguna Niguel 27781 La Paz Road Laguna Niguel, CA 92677 (949) 362 -4360 Mr. Winston Ward, Assistant Community Development Director Building Services, City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 (909) 364 -2781 Mr. Matthew Sinacori, City Engineer City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 (949) 248 -3574 Mr. Harry Persaud, Chief — Transportation Planning 300 N. Flower Street Santa Ana, CA 92702 -4048 (714) 834 -5282 Mr. Mike Costello, County Materials Engineer County of Orange 1152 E. Fruit Street Santa Ana, CA 92701 (714) 567 -7843 Additional references are available upon request. SOQ FOR CITY GEOTEICAL CONSULTING SERVICES• C N M CM 11 ISELECT LOCAL GMU PROJECT EXPERIENCE In addition to the variety of geotechnical services we provide to several governing agencies in southern California, GMU also works with land planners, water districts, municipal public works agencies, and design engineers during the engineering design and specification writing process in order to provide critical geotechnical engineering, geologic, structural, and seismic design parameters for a variety of projects. GMU has provided services for a number of projects in the City of Newport Beach. Details are provided below for several representative projects within and/or adjacent the City of Newport Beach. Fault Studies Banning Ranch — GMU performed a comprehensive geotechnical investigation for the proposed Banning Ranch Development. The investigation included a major study of the North branch of the Newport Inglewood fault none. Large Hillside Developments • Crystal Cove Development — GMU was the lead geotechnical engineer for a majority of • the Crystal Cove Development. The project involved research, design, and monitoring of extremely deep fills and high slopes. • Newport Coast — GMU performed geotechnical investigations and construction observations for various developments throughout Newport Coast. Large/High Rise Commercial Structures Newport Center - GMU has performed geotechnical investigations for several commercial structures in Newport Center including the 680 Newport Center Drive office and parking structure. We are currently working on projects at 500 and 600 Newport Center Drive. Hoag Hospital — GMU staff participated in the geotechnical design and construction of the Hoag Iospital Cancer Center and Emergency Room Buildings. • MacArthur Court Office Complex and Koll Center Newport Office Complex - GMU staff has performed geotechnical investigations and geotechnical construction observations for both of these major office complexes. • • r � U SOQ FOR CITY GEOTECIINICAL CONSULTING SERVICES N aW Harbor Studies Lido Shipyard Improvements - Investigated, designed, and provided observation and testing services for the foundation pad for a large boat lift crane and adjacent pavement and appurtenances. Various Sea Wall Distress Evaluations - Evaluated numerous distressed and failing sea walls on both Lido and Balboa Islands, and adjacent waterfront areas. Prepared repair recommendations and performed observation and testing services during repairs. Dredging Sediment Study - Performed dredging study of Dana Point Harbor for the County of Orange involving side scanning sonar along with near shore sediment sampling. Landslides/Slope Repairs • Buck Gully Landslide - Monitored landslide movement and performed repairs to prevent damage to adjacent homes and property in the headscarp area of the slide. • Various Big Canyon Slope Repairs - GMl1 has been retained on numerous occasions to • investigate slope failures at the Big Canyon Country Club. The work also included developing design recommendations and overseeing the repair. Construction Vibration Monitoring • Various single - family residential construction projects on Lido and Balboa Islands, and the Peninsula. Apartments and Hotels • Newport Beach Country Club Renovations - GMU is currently involved in the design of renovations to the Newport Country Club from a geotechnical perspective. Fashion Island Hotel and Apartments - GMU staff has been involved in the geotechnical engineering, design, and construction of: the Fashion Island Renaissance Major Mall and Parking Structures Expansion and the Four Season hotel (now the Island Hotel), The Colony Apartments, and Park Newport Apartments. Roadways Vista Ridge Road - GMU performed all of the design and construction observations for Vista Ridge Road in Newport Coast. J SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICE • 12 cm • • Newport Coast Drive - Seismic refraction studies were performed for Newport Coast Drive during the initial planning phases. • MacArthur Boulevard and Bison Road - GMU performed construction observation and testing services for the widening of MacArthur Boulevard and Bison Road. GENERAL TECHNICAL CAPABILITIES AND GEOTECHNICAL SERVICES GEOTECHNICAL ENGINEERING AND ENGINEERING GEOLOGY • CITY GEOTECIINICAL SERVICES GMU currently serves as City Geotechnical Engineer and Geologist for the City of Laguna Niguel and the City of Chino Hills. Responsibilities include: 1) review of geotechnical reports submitted to the City, 2) development of geotechnically related codes, ordinances, and policies, 3) design and general input for City projects, 4) attendance at City Council meetings and Planning Commission meetings, on an as- needed basis, and 5) assisting the City on legal /forensic - related matters. • PUBLIC WORKS CONSTRUCTION • GMU has provided investigative, design, and construction services for roadways, bridges, reservoirs, dams, storm drain and other utility pipelines, parks and sports parks, and many other types of public works projects. • TRANSPORTATION PROJECTS We have provided various levels of geotechnical services for many transportation projects including bridges, roadways, and railways. GMU engineers and geologists are intimately familiar with Caltrans standards, analytical methodologies, and requirements. • HILLSIDE DEVELOPMENT/LANDSLIDE ANALYSIS Our company is uniquely qualified in geotechnical studies and planning for hillside development. Our engineering geologists are very well trained in identifying landslides, assessing their impact on the development, and providing mitigating measures. • SLOPE STABILITY Our geotechnical engineers and geologists are experienced in analyzing both the static and dynamic stability of existing and proposed slopes, and developing recommendations to stabilize slopes. Analyses are performed using appropriate stability methods and state -of- the -art computer software. Dynamic analytical methods range from pseudo -static analyses to slope deformation analyses. • 9 • 0 0 SOQ FOR CITY GF.OTECHNICAL CONSULTING SERVICES m mu • FOUNDATION F.NGINEF.RING Our geotechnical engineers have extensive experience in detailed geotechnical analysis and foundation design for sites with special considerations such as liquefaction, compressible and collapsible soils, expansive soils, fill/bedrock transitions, and deep fills. Our engineers have provided recommendations for all types of foundation options including: piles, tiebacks, mat foundations, post- tensioned foundations, standard slab -on -grade systems, etc., as well as various combination systems. • GEOTECIINICAL SITE EVALUATIONS We provide both initial and complete site evaluations to help our clients avoid unexpected problems. Our engineering geologists are specialists in evaluating soil, rock, and groundwater conditions for proposed and existing developments. • LIQUEFACTION STUDIES GMU engineers and geologists can perform detailed and comprehensive liquefaction and seismic settlement estimates. We utilize state -of -the -art techniques implementing the latest technology (i.e., cone penetration testing, seismic refraction, in situ energy calibration for SPi' testing, etc.). Probabilistic as well as deterministic -based analyses can be performed. • FAULT STUDIES • GMU geologists have performed a wide variety of fault studies of active and potentially active fault zones throughout California. Fault evaluations also include studies pursuant to the guidelines of the Alquist - Priolo Earthquake Fault Zone Act. • • EARTHQUAKE GROUND MOTION STUDIES Our engineers and seismic geologists are capable of performing both probabilistic and deterministic ground motion analyses. Seismic response spectra can be developed for a wide variety of engineered structures. • GEOTECIINICAL INSTRUMENTATION GMU has the capabilities and expertise to install and monitor geotechnical instrumentation including piezometers, extensometers, strain gauges, settlement gauges, and slope inclinometers. GMU has extensive experience in the interpretation of geotechnical monitoring data as well as other types of deformation monitoring (i.e., survey points). • FORENSIC ENGINEERING/DISPUTE RESOLUTION We have provided forensic engineering services and third -party review services related to large landslides, MSE wall /cribwall/retaining wall stability, settlement and subsidence, and many other projects. Select GMIJ personnel are experienced in deposition and court testimony. 10 0 0 SOQ FOR CITY GF.OTF,CHNICAL CONSULTING SERVICES m cJ 7 APPLIED GEOPHYSICS /CONSTRUCTION VIBRATION ANALYSIS APPLIED GEOPHYSICS GMU provides seismic refraction services pertaining to rippability, fault, groundwater, and seismic response studies. GMU utilizes a state -of -the -art 12- channel seismograph to perform seismic refraction surveys. BLASTING AND CONSTRUCTION VIBRATION ANALYSES AND CONSULTATION Our geologists provide blasting and ground vibration consulting, preparation of blasting plans, and ground vibration monitoring related to blasting and construction projects. GMU also provides consultation on forensic issues as they relate to blasting and vibration - related distress. PAVEMENT ENGINEERING AND DESIGN • NEW PAVEMENT DESIGN Services include determining the pavement section for various types of pavement uses and • traffic indices. GMU specializes in providing recommendations for both conventional and rubberized asphalt overlays. • PAVEMENT DISTRESS EVALUATION Evaluation of pavement distress using deflection testing, ground penetrating radar, and pavement coring, and development of cost - effective rehabilitation recommendations. • PAVEMENT CONSTRUCTION TESTING AND SPECIFICATION REVIEW Services include asphalt mix design review, oversight of field and batch plant inspection, and laboratory testing for asphalt concrete, including Hveem maximum density, Hveem extraction, and asphalt aggregate gradation. GEO- STRUCTURAL ENGINEERING • MECHANICALLY STABILIZED EARTH (MSE) WALL DESIGN GMU provides full design and construction observation services for MSE walls. Design services include calculations and development of plans for bidding. • • • 0 0 SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES J !' • CANTILEVERED WALLS, SOLDIER PILE, AND TIE -BACK DESIGN GMU performs structural design for all types of structures that involve earth stabilisation including: cantilevered walls, slope tie -backs and tie -back walls, soldier pile walls, and tieback soldier pile walls. Services include calculations and development of plans for bidding. GMU is currently completing design for a tie -back solider pile for the City of Palos Verdes Estates. GEO- ENVIRONMENTAL ENGINEERING • Services include: evaluation of in situ percolation testing, evaluation of effects of percolation on existing structures and groundwater, and development of design recommendations for permeable pavements and subsurface groundwater storage. ILABORATORY TESTING GMU maintains a complete soil and rock mechanics laboratory. Our laboratory equipment is continually updated and calibrated to meet the most current specifications. Our laboratory is approved by the California Department of Transportation (Caltrans) and other public agencies. • COMMITMENT TO QUALITY GMU ensures quality laboratory services with state -of- the -art equipment, an in- house QA/QC program, strict compliance with industry standards, and total customer satisfaction. • FULL RANGE OF GEOTECIINICAL TESTING GMU's laboratory testing includes triaxial shear, consolidation, direct shear, corrosivity, classification, compaction, moisture- density, expansion potential, permeability, etc. t - LJ CONSTRUCTION MATERIALS TESTING GMU provides quality control testing and inspections during construction for asphalt, concrete, masonry, and steel for compliance with project specifications. IE rn • X ov vo � • • • 0 • •. t.1 `i t..� 23241 Arroyo drlta Rarxlro Sand Msganta ;:t. 92688 GEOTECHNICAL INC voice. 949.888 6513 fax: 949 888 1 380 web:w wgmugeo.com SCHEDULE OF CHARGES +AM+ PROFESSIONAL SERVICES Principal Engineer or Geologist $ 200.00/hour Associate Engineer or Geologist $ 180.00/hour Senior Engineer or Geologist $ 160.00/hour Project Engineer of Geologist $ 145.00/hour Staff Engineer or Geologist $ 130.001hour Deposilionfrestimony $ 375.00/hour "TECHNICAL SUPPORT SERVICES Engineering Technician $ 100.00/hour Engineering Seismological Technician (includes 3- channel seismograph) $ 135.001hour • Seismic Refraction Studies (includes 2- person staff and 12- channel seismograph) $ 400.00/hour Special Registered Inspector (4 hour minimum) $ 90.00/hour laboratory "Testing $ 92.001hour Concrete, Grout, or Mortar Compression Test and Report $ 60.00 /test Notes: (I) Overtime for field personnel will be charged at 1.5 times the base rate. Overtime is defined as the time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays. (2) The above rates for field testing services do not apply for prevailing wage projects. Prevailing wage rates will be determined on a project - specific basis. SUPPORT SERVICES Graphic Illustration/CADD Report Preparation OTHER CHARGES Pneumatic Piezometer Indicator Slope Inclinometer Monitoring Equipment Mileage Outside Services I� $ 90.00/hour $ 78.00/hour $ 65.00 /day $ 100.00 1day $ 0.50 1mile Cost t 15% 0 0 PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON -CALL GEOTECHNICAL SERVICES THI �yGREEMENT is made and entered into as of this ��� " —day of e f9 005, by and between the CITY OF NEWPORT BEACH, a municipal corpor ion ( "City "), and HARRINGTON GEOTECHNICAL ENGINEERING, INC., a California corporation whose address is 1590 North Brian Street, Orange, CA 92867 ( "Consultant "), 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 has a need for on -call assistance for geotechnical services in regards to City construction projects. C. City desires to engage Consultant to perform on -call geotechnical services in various locations and for various City construction projects ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Don P. Harrington, Sr., P.E. F. 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 above written date, and shall terminate on the 30th day of June 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call' geotechnical services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, 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: (a) A detailed description of the services to be provided; (b) The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; (c) The estimated number of hours and cost to complete the services; (d) The time needed to finish the project. 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 Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing rates attached hereto as Exhibit "B" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Public Works Department. Any Letter Proposal that sets forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a separate Professional Service Agreement approved by City Council per Council Policy F -14. `a 41 • 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and /or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal 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) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work 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 Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER 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 Don Harrington, Sr. 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. 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. 3 • 6. ADMINISTRATION • This Agreement will be administered by the Public Works Department. Robert Gunther shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's 13 work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's 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 5 11 12. 13. 14. • conducting the work are under the control o f they are limited by statute, rule or regulation Agreement. Nothing in this Agreement shall E Consultant, except to the extent and the expressed terms of this 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 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. 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. 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. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 9 0 0 C. 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. D. Coverage Requirements. 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). D. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 7 is. E The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. A. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. B. Additional 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. 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 cotenancy, which shall result in changing the control of Consultant. Control means fifty I:3 • • 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 parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES 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 City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be O 0 0 transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. 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 authorizes the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records 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 under this Agreement. 23. WITHHOLDINGS City may withhold payment 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 his 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. 10 24. 25 26. 27 0 0 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 paragraph is intended to limit City's rights under any other sections of this Agreement. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for 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. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Robert Gunther Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 6443311 Fax: 949 - 6443318 11 0 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Don P. Harrington, Sr., P.E. Harrington Geotechnical Engineering, Inc. J.00 -4-59 North Brian Street Orange, CA 92867 Phone: 714 - 637 -3093 Fax: 714 - 637 -3096 28. TERMINATION 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. 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, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 12 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 0 • IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By 0 0 La onne Harkless, City Clerk „" N,p,, CITY OF NEWPORT BEACH A Municipal Corpora eve Badum Director of Public Works for the City of Newport Beach HARRINGTON GEOTECHNICAL ENGINEERING, INC.: (Corporate Officer) Title: /-rrx" Z/e-"01 Print Name: 0&" r cr re" V-4-STr, By: (Financial Officer) � Title: Print Name: ,d th A/e rr) n tan Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates f:WsersVbvAshared\agraementsVy 04 -051on -call agreementslharrington.doc 14 0 0 May 27, 2005 ! f I t v 11 lS•+: I�inYi rY 1'i !lq .i MY OF APO i REACH i i t Nkwpoft Bewh, CA 9265&9915 3 +I + b 3 ' -3 = i ff a 11 f'1 =f " r! d ✓. ) J 3 _:: t � 1 f•:: •�- Af 11')E !F" Y.b ' })' 1 1 ➢!): iJ] t' b t. ♦1'IA t" )y'a 777 :1 U 1 � a+ Ao '• a a 1 .t:c' Yilrl 1 vr. ! ;u a it sa 1 f =a _. nt' ::a f a r a.. .1 r f r' 1- - 1 s•1 el.�f i�;� 1 s, Yw. !r Ala ' Yi^f t ti ➢ i,t' d.il li a.iw s :e1.1 iid i? YY'i'r 1:1 f," Ii 1 =� -Y- 9w'+Y. i r L GFY' :111 1 1 i'1 :il :, i i :a ' 7, 1 i1+i )! f.=! 1 a ••I a ;3 v a 1.: =1 :a f : t 1 r ii : t a f Is - s a � e •.' :. i as . t:f -as / i' f i` 1a : t{ ) "' F A" 1 t t l /•: i 1`t f' 1 V � 1 i f! f w t : tiny, Ta{trlilan clalpot>ue r�all!.u, �990 Nate) Brian SLaet. olralge. GA Q774f G'9'i.40&i • �Opy 82a -7Gt5 • FAJC [T14►fiS7r9D96 0 CITY OF NEWPORT BEACH HGEI Statement of Qualifications May 27, 2005 Page 2 Don P. Harrington, Jr., Vice President /General Manager Robert P. Dennis, P.E., Chief Geotechnical Engineer Martin Stolze, Senior Technician (Caltrans Certified) Douglas Cummings, Senior Technician (Caltrans Certified) Christopher Gallardo, Technician (Caltrans Certified) Office and laboratory support staff as needed Advance Notice of Requirements Our technicians can in most cases be dispatched to a project site within 24 hours of receipt of request for testing. However, faster response, including same -day response, will be provided whenever possible. Resume of Key Personnel Please refer to attachments. Public Agency Work and References HGEI has provided services to the following Public Agencies (Partial List) on the indicated (typical) projects: City of Yorba Linda - Chris Johansen, Senior Civil Engineer .......... 714/961 -7170 Ahmad Tabbad, Building Official ............. 714/961 -7120 Projects: Review of Geotechnical Report/Plans Storm Drains /Sewers Street Improvements Supplemental Construction Inspection/Testing City of Huntington Beach - Eric Charlonne, City Engineer ........... 714/536 -5430 Projects: Review of Geotechnical Reports Street Improvements Storm Drains /Sewers City of Anaheim - Charles Smith, Engineering Contract Specialist ...... 714/254 -5176 Projects: Review of Geotechnical Reports & Plans Fire Station No. 9 Haskett Library 0 CITY OF NEWPORT BEACH HGEI Statement of Qualifications May 27, 2005 Page 3 Storm Drains /Sewers Street Renovations City of Rancho Santa Margarita - 7acki Niemi, Associate Engineer .... 949/635 -1800 Projects: Review of Geotechnical Reports & Plans Skate Park Canada Vista Park Improvements Street Renovations City of Buena Park - Wood Nuosome, Assistant Engineer ............ 714/562 -3678 Projects: Street Improvements/Renovations City of Brea - Raul Lising, City Engineer .......................... 714/671 -4450 Projects: Street Improvements/Renovations City of Orange - Alan Troung, Assistant Engineer ................... 714/744 -5568 Projects: Street Improvements/Renovations City of Norwalk - Randall Hillman, Associate Engineer .............. 562/929 -5719 Projects: Alley Improvements City of Laguna Hills - Kenneth Rosenfield, City Engineer ............ 949/707 -2655 Projects: New City Hall Community Center Street Renovations Please See Enclosure. Fee Schedule Closure 0 0 CITY OF NEWPORT BEACH HGEI Statement of Quali6cafions May Z7, 2005 Page 4 please See Enclosure. Fee Schedule Closure - :n r �. r" t rtt r • 77 MA f t rfr -f tf vrr t i i- approval. We are looking forward to continuing to provide semom to the City and are confident that we can meets the City's needs in an efficient, cost - effective matter. Should you have any questions or wish to discuss this submittal, please call the undersigned at your convenience. Very truly yours, MARRINGTONGEOTECIMICAL ENGINEERING, INC. Don P. i' g n Jr., REA Vice President /it Attachments Enclosure (3 copies submitted) Personnel Principal Engineer /Geologist .................................................. ............................... $ 85 Per How Senior Engineer / Geologist .................................................... ............................... $ 85 Per How Supervisor................................................................ ............................... $ 75 Per How Geotechnical Aide .......................................................... ............................... $ 65 Per How Senior Technician (Soil, Concrete, Asphalt Concrete) ............................... ............................... $ 55 Per How Technician (Soil, Concrete, Asphalt Concrete) .................................... ............................... $ 52 Per How Special Inspector (Grading) ................................................... ............................... $ 80 Per Hour Special Inspector (Building Construction) ........................................ ............................... $ 65 Per How Draftsperson............................................................... ............................... $ 60 Per How Clerical Personnel .......................................................... ............................... $ 36 Per How FYeld Vehicles/Equipment Field Vehicle ............................................................... ............................... $ 6 Per How NuclearGauge .............................................................. ............................... $ 6 Per How Prevailing Wage Projects Senior Technician (Soil, Asphalt Concrete) /Special Inspector (Building Construction) - Site Time . ............................... $ 78 Per How'.' - Travel Time. -"""""""""""' .. $66 Per Hour's Notes: - This rate is subject to change in amordance with prevailing wage rates set by the Director of lndustrial Relations. ' - Nuclear Gauge and/or Field Vehicle charge included.. ' - Travel time does not apply to Special Inspector. Preparation of Certified Payroll Report ................................... ............................... $100 each Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and Court Appearances Principal Engineer /Geologist ................................................... ............................... $300 Per How Senior Engineer /Geologist ..................................................... ............................... $275 Per Hour (81,200.00 Minimum Professional Fee Per Case) Basis of Charges Travel time will be added to job site time to deterntine total charges. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 bows or extending past noon. A minimum of low (4) bows will be charged for any field services and a minimum fee of $400 will apply to any project. A minimum of two (2) bows, including travel time, will be charged for each site visit. Prevailing Wage Projects Daily straight time rates will apply to first 8 hours worked Monday- Friday. Overtime rates will apply as follows: Daily - 1.5x straight time rate for first 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Saturday - 1.5x straight time rate for first 12 hours, 2.Ox straight time rate for overtime in excess of 12 hours; Sunday/Holiday - 2.Ox or 3.Ox straight time rate, depending on holiday. Geotechnical Laboratory Charges Maximum Density- Optimum Moisture Test - ASTM D1557 ........................................................ ............................... $ 85 Each - California Method 216 ................................................. ............................... $ 100 Each - 1 -Point Verification (ASTM D1557) ...................................... ............................... $ 55 Each Moisture Content Test .......................................................... ............................... $ 15 Each Moisture & Density Test ........................................................ ............................... $ 17 Each Sieve or Hydrometer Analysis .................................................... ............................... $ 63 Each Sieve & Hydrometer Analysis Combined ............................................ ............................... $ 115 Each (over) SandEquivalent Test .......................................................... ............................... . CollapsePotential Test ......................................................... ............................... . Consolidation Test - With Time Rate .............................................. ............................... . - Without Time Rate ......................... ............................... I .................. DirectShear Test - Fast ....................................................... ............................... . *Add $50 Fabrication Charge far Tests on Remolded Specimens. Atterberg Limits (LL & PL Only) ................................................. ............................... . Expansion Index Test ............................................................ ............................... Hveem Stabilomter(R- value) Test - ( Soil) ........................................... ............................... Hveem Stabilometer (R- value) Test - (Aggregate Base) (Cal 301 or ASTM 2844) ............ ............................... . Water- Soluble Sulfate Test ....................................................... ............................... . $ 37 Each $ 90 Each $ 110 Each $ 95 Each' $ 120 Each' $ 135 Each $ 90 Each $ 195 Each $ 210 Each $ 45 Each Concrete Coring 2" to 8" diameter up to 6" thick ................................................. ............................... $ 65 Per Core Additional thickness .................................................. ............................... $ 12 Perinch Mobilization - Demobilization Charge (Portal -to- Portal) .............................. ............................... $125 Per Hour Concrete Laboratory Charges Compression Test Concrete Cylinders (ASTM C39) ............................. ....... $ 18 Each ...... ............................... Mortar Cylinders (ASTM C39) ........................................... ............................... $ 18 Each' Grout Prisms (Uniform Building Code Standard 24 -28) ........................ ............................... $ 18 Each SamplePick -Up ............................................................... ............................... $ Quotation - Includes Malls & Reporl of Results Asphalt Concrete Laboratory Charges Maximum Density Determination (Cal 304m 2 pt, Average) .............................. ............................... $160 Each Stability Value (Cal 366) ......................................................... ............................... $100 Each Extraction/Gradation ............................................................ ............................... $160 Each Equipment/Supply Charges Organic Vapor Meter (Minimum Charge) .......................................... ............................... $120 Per Day Brass Sample Tubes w /Teflon Lines & Plastic Caps (2.5" Dia.x 6" Long) ........................................................... ............................... $ 15 Each Drill RigBulldoz Backhoe, Sample Tubes, Misc. Services (Airphotos, Chemical Laboratory Testing, etc.) ....................... Cost+ 15% Coring Porthrud Cement Concrete or Asphalt Concrete Pavement .......................... ............................... Quotation Miscellaneous Charges The charge for any tests not indicated above will be billed at cost plus 15 percent. Laboratory technician time will be billed at the rate of $65 per hour Fax Transmission (S5.00 minimum) ............................................ ............................... $ 1.00 Per Page Effective Date This Fee Schedule will remain in effect throughout the period July 1, 2005 through June 30, 2007, unless new prevailing wage rates are issued by the DIR before June 30, 2007. Expenses Job - related expenses (per diem, long distance telephone calls, permits, outside printing services, special tests, etc.) will be billed at cost plus 15 percent. Report reproduction (in- house) will be billed at cost Terms of Payment Monthly invoices will be issued for work in progress and a final invoice will be issued upon completion of services. (EFFECTIVE JULY 1, 2005 - SUBJECT TO REVISION) 0 -0 -0 Y- L'rJ -CbbS V_7`J:�9 FKUM: 7149391654 T0:949 644 3316 P.1 /1 Fax #: Ag CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach, Date Received: q b OS Dept,lContact Received From: J�vt a C' Date Completed: b Sent to: / if (f By: 0 a h ` Company /Person required to have certificate: I. GENERAL LIABILITY , A J (� A. INSURANCE COMPANY: l-f w14-4 71 B. AM BEST RATING (A: VII or greater): A+ X V C. ADMITTED Company (Must be California Admitted): Is Company admitted in Califomia? es ❑ No D. LIMITS (Must be $11M or greater): What Is limit provided? 1 Krw r' - M E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? es noo F. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): is It Included? es ❑ No G, PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it Included? No H. 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 No 1. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires notification of cancellation by certified mail; per Lauren Fadey, the City will accept the endeavor wording. ll. AUTOMOBILE LIABILITY ��� �% �� �r -/ Cl p 11 � (�a✓Q A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): X V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted In California? es o No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? i M/A E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its �^ officars, officials, employees and volunteers): Is it included? El Yes ago F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it Included? © Yes �-�� Im o G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. M. WORKERS' COMPENSATION ( J 1 � ] Tl tT NIi�Y/1x, 761 Ilu (o A. INSURANCE COMPANY: v ( - M i Vf B. AM BEST RATING (A. VII or greater): A y C. LIMITS: Statutory D. WAIVER OF SUBROGATION (fo include): Is it included? Yes © No HAVE ALL ABOVE REQUIREMENTS BEEN MET? © Yes No 14 3(-, (A� PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON -CALL SOILS AND MATERIALS INSPECTION AND TESTING SERVICES THIS AGREEMENT is made and entered into as of this 4 tIL- day of LX-V , 2004, by and between the CITY OF NEWPORT BEACH, a municipal corporation City "), and HARRINGTON GEOTECHNICAL ENGINEERING, INC., a Geotechnical Firm whose address is 1938 North Batavia Street, Suite N, Orange, California, 92865 ( "Consultant'), 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 is planning to implement an approximate 30 Million Dollar ($30,000,000) capital improvement program. C. City desires to engage Consultant to perform on -call geotechnical testing services in various locations and for various City construction projects ('Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be Don P. Harrington. F. 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 day of 2004, and shall terminate on the 30th day of June, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call' Geotechnical Construction Support Services as described in the Statement of Qualifications attached as Exhibit "A ". Upon (1) 4 verbal request from the Project Administrator, Consultant shall provide a letter proposal for services requested by the City. The letter proposal shall include a detailed description of services to be provided, the estimated cost and the time to complete the services, the estimated number of hours and the position of each person to be assigned to perform the services contained in the letter proposal. No services shall be provided until the City has provided written acceptance of the letter proposal. Consultant shall diligently perform the duties in the approved letter. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the City. Consultant's compensation for services performed in accordance with this Agreement shall not exceed the approved fees identified in the letter proposals. A letter proposal fee shall not exceed $30,000 without City Council Approval. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and/or classification of employee who performed the work, a brief description of the services performed and/or the specific task in the Letter Proposal 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 0 4 description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work 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 letter proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER 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 Don P. Harrington Jr. 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Gunther shall be the Project Administrator and shall have the authority to act for 3 0 0 City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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, or 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. M 0 0 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's 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. 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 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 5 12. 13. 14. i� interest in the work to be performed Consultant on the Project. CITY POLICY City agrees to cooperate with the 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. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each 0 0 6 subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). D. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess 7 15. 16. insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. A. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. B. Additional 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. 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 cotenancy, 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. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written N consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES 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 City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. 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 authorizes the release of information. O •� 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records 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 under this Agreement. 23. WITHHOLDINGS City may withhold payment 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 his 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. 24. 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 10 •& restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for 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. 27. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Robert Gunther Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Don P. Harrington, Jr. Harrington Geotechnical Engineering, Inc. 1938 North Batavia Street, Suite N Orange, CA 92865 Phone: 714- 637 -3093 Fax: 714 - 637 -3096 11 ! 0 28. TERMINATION 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. 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, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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. 32. 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. 12 33. 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. 34. 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. 35. 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. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: �M. Robin Clauson, Assistant City Attorney for the City of Newport Beach ATTEST: ^ V J By: l� LaVonne Harkless CITY Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: ' Tod W. Ridgeway (j Mayor for the City of Newport Beach Harrington Geotechnical Engineering By: 0,0 / I - "& 1`', mss.. ?,�/ Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:\users\pbw\shared\agreements\fy 03-04\on-call agreements\harrington geotechnical -on call soils.doc 13 Exhibit "A" llarrin� eo ehni(n3 l7 + ngineeNn& Inc November 6, 2003 Mr. R Gunther, Construction Engineer CITY OF NEWPORT BEACH Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 Re: Statement of Qualifications Dear Mr. Gunther: In reply to your letter of October 29, 2003, Harrington Geotechnical Engineering, Inc. (HGEI) is please to submit the following information for your consideration. Description of Services Provided HGEI is a full- service geotechnical engineering firm with a staff of engineers, technicians, support staff and fully equipped testing laboratory. We also provide construction inspection services utilizing licensed independent inspectors and conduct concrete cylinder compression tests in our laboratory. Our geotechnical laboratory and senior technicians are certified by Caltrans and we are a participant in the Caltrans Reference Sample Program. Hence, HGEI is qualified to perform tests on State and Federal Funded highway construction projects. Also, our geotechnical laboratory is inspected and approved annually by the City of Los Angeles Department of Building and Safety. Staffing The following staff members will be available to participate on City projects. Other members will be available should the need arise. Batavia Business Center, 1938 North Batavia Street, Suite N, Orange, CA 92865 (714) 637 -3093 • (800) 924 -7645 • FAX (714) 637 -3096 0 0 CITY OF NEWPORT BEACH HGEI Statement of Qualifications November 6, 2003 Page 2 Don P. Harrington, Jr., Vice President/General Manager Robert P. Dennis, P.E., Chief Geotechnical Engineer Martin Stolze, Senior Technician (Caltrans Certified) Douglas Cummings, Senior Technician (Caltrans Certified) Christopher Gallardo, Technician (Caltrans Certified) Office and laboratory support staff as needed Advance Notice of Requirements Our technicians can in most cases be dispatched to a project site within 24 hours of receipt of request for testing. However, faster response, including same -day response, will be provided whenever possible. Resume of Key Personnel Please refer to attachments. Public Agency Work and References HGEI has provided services to the following Public Agencies (Partial List) on the indicated (typical) projects: City of Yorba Linda- Fernando Saldivar - Assistant City Engineer ............ 714/961 -7170 Ahmad Tabbad - Building Official .................... 714/961 -7120 Projects: Review of Geotechnical Report/Plans Storm Drains /Sewers Street Improvements Supplemental Construction Inspection/Testing City of Huntington Beach - David Webb - City Engineer ....... ........... 714/536 -5431 Projects: Review of Geotechnical Reports Street Improvements 11 Geo vnical ineering, Inc. Personnel 0 Exhibit "B" Special Fee Schedule - City of Newport Beach Geotechnical Engineer ......................... ............................... $ 82.00 Per Hour Engineering Geologist ........................... ............................... $ 82.00 Per Hour Senior Technician ............................. ............................... $ 50.00 Per Hour Soil Technician ............................... ............................... $ 47.00 Per Hour Concrete Technician /Construction Inspector ......... ............................... $ 48.70 Per Hour Clerical Personnel ............................. ............................... $ 34.00 Per Hour Sample Pickup ................................ ............................... $ 24.00 Each Field Vehicles/Equipment Field Vehicle ................................... ............................... $ 5 Per Hour Nuclear Gauge .................................. ............................... $ 5Per Hour Prevailing Wage Projects Senior Technician (Soil, Asphalt Concrete) /Special Inspector (Building Construction) - Site Time ........ $ 72.00 Per Hour ' Travel Time $ 60.00 Per Homy' Notes: t - This rate is subject to change in accordance with prevailing wage rates set by the Director of Industrial Relations. ' - Nuclear Gauge and/or Feld Vehicle charge included ' - Travel time does not apply to Special Inspector Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and Court Appearances Principal Engineer /Geologist ...................... ............................... $250 Per Hour Senior Engineer /Geologist ....................................................... ......................... $200 Per Hour ($1,200. 00 Minimum Professional Fee Per Case) Basis of Charges Travel time will be added to job site time to determine total charges. Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times the appropriate hourly rates. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 hours or extending past noon. A tninirrium of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project. A minimum of two (2) hours, including travel time, will be charged for each site visit. Prevailing Wage Projects Daily straight time rates will apply to first 8 hours worked Monday - Friday. Overtime rates will apply as follows: Daily - 1.5x straight time rate for first 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Saturday - 1.3x straight time rate for first 12 hours, 2.Ox straight time rate for overtime in excess of 12 hours, Sundav/Holidav - 2.Ox or 3.Ox straight time rate, depending on holiday. (over) Batavia Business Center, 1938 North Batavia Street, Suite N, Orange, CA 92865 (714) 637.3093 • (800) 924 -7645 • FAX (714) 637.3096 Laboratory Charges Compaction Test (Caltrans 216) ..................... ............................... . Compaction Test (ASTM D1557) .................... ............................... . Sieve or Hydrometer Analysis ....................... ............................... . Sieve and Hydrometer Analysis Combined ............. ............................... . Sand Equivalent .................................. ............................... DirectShear ..................................... ............................... Consolidation.................................... ............................... Moisture Content .................................. ............................... Moisture Content/Dry Density ....................................................... Expansion Index .. . ............................. ............................... Hveem Stabilometer (R- value) Test ................................................... Concrete Compression Test .......................... ............................... $ 98 Each $ 82 Each $ 61 Each $ 105 Each $ 34 Each $ 117 Each $ 106 Each $ 11 Each $ 15 Each $ 85 Each $ 185 Each $ 15 Each The charge for any test not indicated above will be billed at cost plus 15 %. Laboratory Technician time will be billed at the rate of $53.00 per hour. Fax Transmissions ..... ............................... ..........................$1.00 Per Page Mileage Charge Portal -to- Portal Mileage Charge .................... ............................... $0.48 Per Mile Effective Date This Fee Schedule will remain in effect throughout the period July 1, 2003 through June 30, 2004, unless new prevailing wage rates are issued by the DIR before June 30, 2004. Expenses Job - related expenses (per diem, long distancetelephone calls, permits, outside printing services, special tests, etc.) will be billed at cost plus 15 percent. Report reproduction (in- house) will be billed at cost. Terms of Payment Monthly invoices will be issued for work in progress and a final invoice will be issued upon completion of services. Payment is due upon presentation of invoice and, if not contested within fourteen (14) calendar days, is past due thirty (30) days from date of invoice. Past due accounts may be subject to a carrying charge of 18 percent per annum (or the maximum rate allowed by law) until paid in full. Attorney fees or other collection costs incurred in connection with a past due account will be charged to the client. (EFFECTIVE JUY 2003 - Subject to Revision) I 1 1 JAN- 06-2004 TUE 03:11 PM FAX N0. P. 01/01 Fax 4�- 331 U R-M � #: CERTIFICATE OF INSURANCE `0q, CHECKLIST oL ca e k, 15 ; rN City of Ndwpolrt Beach fir -✓' This ehaddist is comprised of requirements as outNned by the City of Newport Beach. Date Received: lZ Z9-- C Dapt.lContact Received From: ha Unc, -e ez, Date Completed: t 2- ?j0 —0 sent to: lQ lX10. By: Company /Person required to have certificate: C n �C I. 11. GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII r C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yeso *0 D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? er s Rio F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Eg:.-Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it Included? tli(es ATNO H. 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 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII r C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? V s ORO D. LIMITS (Must be $1M min. BI & PD and $600,000 UM): What is limits provided? l m.�� E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? J4 Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): (� Is it included? ❑ Yes gvo G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: St 1 p a-u� --tj B. AM BEST RATING (A: VII or greater): ,. Po 0. LIMITS: Statutory D. WAIVER OF SUBROGATION (To Include): is it included? [`Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? _ ( JQ-0s 0 No ' CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 December 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: GEOTECHNICAL, SURVEYING AND MAPPING, ARCHEOLOGICAL, AND INSPECTION ON -CALL SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS RECOMMENDATIONS: Approve Professional Services Agreements with Harrington Geotechnical and Leighton and Associates for on -call geotechnical services and authorize the Mayor and City Clerk to execute the Agreements. 2. Approve Professional Services Agreements with Coast Surveying, Duca- McCoy, and Advanced Survey Services for on -call professional surveying and mapping services and authorize the Mayor and City Clerk to execute the Agreements. 3. Approve a Professional Services Agreement with LSA and Associates for on -call archeological services and authorize the Mayor and City Clerk to execute the Agreement. 4. Approve a Professional Services Agreements with Project Partners and Hubell Technical Services for on -call supplemental public works inspection services and authorize the Mayor and City Clerk to execute the Agreements. DISCUSSION: Prior to the Council meeting of November 26, 2002, geotechnical, survey, archeological and supplemental inspection services were regularly required for many projects and a great number of small but time - consuming Professional Services Agreements (PSA's) were executed between the City and selected consultants to accomplish these on -going tasks. On November 26, 2002, Council approved the use of on -call PSA's with one soils firm and with three surveying firms. Those Agreements have expired. Due to the tremendous efficiencies of using the on -call PSA's, staff now recommends executing SUBJECT: Geotechnical, Surveying And Mapping, Archeological, And Inspection On -Call Services - Approval Of Professional Services Agreements December 9, 2003 Page 2 new agreements with an expanded list of firms as listed in the Recommendations Section above, that is - two geotechnical firms, three surveying and mapping firms, one archeological firm, and two supplemental public works inspection firms. To reduce time in preparing individual agreements for each CIP project, staff is recommending negotiating with these select consultants to provide "as needed" services. Any other firms that may be used would have individual agreements prepared for their work and if greater than $30,000 they would be brought to Council for approval. The City Council approved a Fiscal Year 2003/04 City Wide Capital Improvement Program (CIP), which totals over $33,000,000. More than 100 projects within the CIP will require some sort of geotechnical and survey services as well as occasional archeological or supplemental public works inspection services. These services are paid for from the individual project budgets. On -Call Geotechnical Firms: Harrington Geotechnical and Leighton and Associates have performed geotechnical services for more than 20 projects for the City over the past two years. The fee for their services is typically under $5,000 to perform either soil and base compaction or asphalt testing for a particular project. The firms have provided quality services to the City in the past. On -Call Surveying and Mapping Firms: Similar on -call Professional Services Agreements are recommended for surveying and mapping services. All three recommended firms provide unique specialized services that can be tailored to the City's individual projects, and have provided the City with excellent services on previous projects. The City currently employs only one licensed surveyor who utilizes other City staff to complete his survey.party. In house City survey is only done for selected projects with critical schedules and limited scope of work. The City surveyor is also involved with mapping, GIS coordination, and parcel map reviews, as well as other duties. With the renewal of the On -Call Survey Services Agreements, many of these services will be contracted with one of the above survey companies. On -Call Archeological Services: Archeological inspection and reports are required on a number of projects involving excavation, most recently on the Newport Boulevard - Balboa Boulevard Rehabilitation project and most projects in coordination with Caltrans. LSA has provided timely inspections and reports on previous projects with the City. On -Call Supplemental Public Works Inspection Firms: Over the last two years staff has had to use two supplemental inspectors due to the heavy project loads on our three full -time staff inspectors. Both inspection firms proposed are recommended and Project Partners has provided inspection services to the City in the last year. SUBJECT: Geotechnical, Surveying And Mapping, Archeological, And Inspection On -Call Services - Approval Of Professional Services Agreements December 9, 2003 Page 3 Standard On -Call Professional Services Agreement: This is the standard agreement form that was recently updated by the City Attorney's Office. The On -Call PSA with the geotechnical, survey, archeological and inspection services firms is identical to the new standardized Professional Services Agreements with the exception of Section 2 (Services to be Provided) and Section 4 (Compensation to the Consultant). These sections have been drafted to allow the consultant to provide services for multiple projects. Note - any services requiring expenditures more than $30,000 for an individual project will require a separate City Council action in accordance with Policy F -14. The proposed On -Call PSA attached to this item, would be effective through June 30, 2005. Fundina Availability: Funds for these services are available in each the specific project accounts within the City Council approved Capital Improvement Programs. Environmental Review: Environmental clearances will be completed for each Capital Improvement Project. Prepared by: Submitted by: R: Gunther, P.E. S h G. Badum Construction Engineer Publi.�Works Director Attachment: Sample Standard On -Call Professional Services Agreement SAMPLE PROFESSIONAL SERVICES AGREEMENT WITH FOR ON -CALL SERVICES THIS AGREEMENT is made and entered into as of this day of , 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City "), and , a corporation whose address is , CA ( "Consultant'), 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 is planning to implement an approximate $30 million dollar Capital Improvement Program for FY03 /04. C. City desires to engage Consultant to perform on -call in various locations and for various City projects. services D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be F. 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 day of 2003, and shall terminate on the _ day of 20_, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call' Support Services as described in their Statement of Qualifications, attached as Exhibit "A ". Upon verbal request from Contract Administrator, consultant shall provide letter proposals for services requested by the City. The letter proposal shall include the estimated cost and time to complete the services, including the estimated number of hours and position for each person assigned to perform the services contained in the letter proposal. No Services shall be provided until the City has provided written acceptance of the letter proposal. Consultant shall diligently perform the duties in the approved letter. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for services performed in accordance with this Agreement shall not exceed the approved fees identified in the letter proposals. A letter proposal fee shall not exceed $30,000.00 without City Council approval. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and /or classification of employment 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 2 Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work 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 set forth in Exhibit B. 5. PROJECT MANAGER 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 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Gunther shall be the Project Administrator and shall have the authority to act for 3 7 [M City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution Agreement, City agrees to, where applicable: A. Provide access to, and upon request existing relevant information on file at materials in a timely manner so as not work schedule. of its responsibilities under this of Consultant, one copy of all City. City will provide all such to cause delays in Consultant's B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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, or 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. W 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's 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. 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 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 5 12. 13. irl interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 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. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. B. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. C. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. D. 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. E. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each Q subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). F. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess 7 insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. , The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. H. Additional 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. 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 cotenancy, 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 parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written 0 consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultants expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES 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 City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. 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 authorizes the release of information. a 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records 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 under this Agreement. 23. WITHHOLDINGS City may withhold payment 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 his 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. 24. 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 10 restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for 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. 27. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: R. Gunther Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 644 -3325 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Company: Address: Phone: Fax: 11 28. TERMINATION 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. 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, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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. 32. 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. 12 33. 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. 34. 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. 35. 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. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson, Assistant City Attorney for the City of Newport Beach ATTEST: M LaVonne Harkless CITY Clerk CITY OF NEWPORT BEACH A Municipal Corporation M CONSULTANT 0 Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \users\pbwJshared \agreements \blank -on -call services.doc 13