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Home My WebLink AboutC-3673(B) - PSA for On-Call Geotechnical Services0 0 347,3g 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 Pf day of a , 2007, by and between the CITY OF NEWPORT BEACH, a municipal 6orporation, (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: By: C'." C. 6� y Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: ByC7 aA�7LnC LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal C,orporation Mayor for the City of Newprt each LEIGHTON,%QN$VA4TING, INC.: Kris R. L4ttqn, P, REA II Title: Senior Vice President Print Name: Veil ;P Lu`ftm B " /-.-, '�C_ (Financial Officer) Title: ��6 Print Name: 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\Leighton amendment.doc 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. Ily Inc. Kris R. Luttori,,AG, REA II Senior Vice President 17781 Cowan ■ Irvine, CA 92614 -6009 949.253.9836 ■ Fax 949.250.1114 ■ www.leightonronsulting.com 0 EXH10B Leighton 2007 PREVAILING WAGE FEE SCHEDULE PROFESSIONAL SERVICES Technical Staff ................................................................. ............................... Hourly Rate Laborer** .......................................................................................... ............................... $95 Soil /Field Technician*" ..................................................................... ............................... 110 Staff Engineer /GeologistfScientist/Field Supervisor ..... ............................... Senior Staff Engineer /Geologist/ Scientist ..................... ............................... Operations Manager /Equipment Operator ................... ............................... Project Engineer /Geologist/Scientist ............................ ............................... Senior Project Engineer/ GeologisUScientist ................. ............................... Associate...................................................................... ............................... Principal........................................................................ ............................... SeniorPrincipal ............................................................. ............................... Technical Support Staff ............................................. ............................... Administrative Assistant/Word Processor ..................... ............................... CAD O erator/Technical Illustrator /GIS S ecialist .... 115 .... 131 ................ 152 ................ 152 ................ 168 ................ 189 ................ 205 ................ 247 .. Hourly Rate ................ $74 105 pp .......................... ............................... Engineering Equipment .......................... ............................... ...........................Unit Rates VehicleUsage .................................................................... ............................... $11 per hour Tiltmeter, Inclinometer Units ............................................... ............................... 200 per day NuclearSoil Gauge ............................................................... ............................... 84 per day GPSStation ........................................................................ ............................... 168 per day OtherEquipment ............................................................. ............................... Upon Request 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, s e, 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. • es or a ject. • k Leighton C ayme rJiiPR -9Yf r� t ,� t f __ • Minimum Hourly Charges for Field Technicians: • 1. Monday- Itriday 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 -07 PW 17781 Cowan I Irvine, CA 926141949-259-1421 • • Leighton Identification and Index Properties (ASTM) ............. Unit Rate Moisture Content ............................... ............................... $16 Moisture and Density (ring samples) ... ............................... 26 Moisture and Density (chunk samples) ............................... 58 Moisture Content & Density (Shelby tubelcutting ) ............. 63 Atterberg Limits (3 moisture points) ...... ............................121 Three Stage Triaxial Tests ................ ............................... Atterberg Limits (organic) ..................... ............................182 Consolidation and Swell Tests (ASTM) Single Point/Non- plastic ...................... ............................... 84 Visual classification of point as non - plastic .........................11 Each Additional Time Deformation Curve ..........................47 Particle Size: Sieve (passing 1 %cinch to - #200) ................ 74 Sieve (passing 6 -inch to - #200) ........... ............................135 Hydrometer only .... ............................... ............................110 Sieve and Hydrometer (1 %:- inch) .......... ............................158 Dispersive Characteristics of Clay Soil (double hydrometer) ....................... .............................89 Speck 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 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 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 (s7% additive) Sulfate Content — Gravimetric ............. ............................... 68 Sulfate Screen ....................................... .............................32 Box of Sample Rings (28 samples per box) ............ 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' ...............1111.557 —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 in /min.)305 Remolding or Hand Trimming of specimens (3 points)....... 78 Residual Shear — price per additional one -way passper point ................................. .............................58 Torsional Shear ..... ..............1.......111...... ............................620 17781 Cowan I Irvine. CA 926141945-250-1421 Oriented or Block Hand Trimming ....... ............................... 58 Static Uniaxial and Triaxial Strength Tests (ASTM) Unconfined Compression (with stress /strain plot) ............. $89 UU Test— Unconsolidat"Undrained (per stress) ........... 168 Consolidated Undrained (CU,R) (per stress) ....................347 Three Stage Triaxial Tests ................ ............................... 608 Consolidation and Swell Tests (ASTM) Consolidation (w /one time deformation curve) .............. $194 Each Additional Time Deformation Curve ..........................47 Each additional load/unload w/o Time Deformation Curve. 42 Expansion Index (El, ASTM D 4829 -03 ) ...........................131 Expansion Index (UBC 18- 12) .............. ............................165 Swell /Collapse Test (A) 10 normal load /unloads w/o time curves ............................. ............................289 Single Load Swell/Collapse Test (B) Seat, load, and inundate .. ............................... ............................105 Collapse Potential of Soils (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 Term Tests (> 7 days) ................... 47 Remolding of Test Specimens ............. ............................... 58 Air Permeability (includes moisture & density) .................100 Air Permeability (modified for soils) ...... ............................173 Caltrans Tests (California Test Methods) R- Value, untreated soils (CTM 301, 312000) .................. $289 R- Value, lime or cement treated soils (s7% additive) ....... 338 Sampling Equipment Charges ................. ............................... Box of Sample Rings (28 samples per box) ............ $125/box Daily Ring -Lined Drive Sampler Equipment Usage..... 371day All soil samples should be free of hazardous materials. Standard turnaround time for test results is 10 working days. Samples will 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 Professional 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 Hourly Rate 6200 Special Inspection Concrete ICC $68 6201 Special Inspection Post- 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 JUk 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 Pullout 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 /trip 6243 Technician Travel Time (>40 mile radius from Leighton Consulting laboratory) 711hour Task Eguipment Charges Daily Rate 6300 Skidmore - Wilhelm Bolt Cell $42 6301 Torque Wrench 16 6302 Air Meter 21 6303 Pachometer 53 6304 Schmidt Hammer 32 6306 Vibrating Probe (Concrete) 42 6307 110V, 50A Generator 125 17701 Cowen I Irvine. CA 92614 1949-250-1421 C • Leighton Task Concrete Strength Characteristics - Method Per Test 7200 Concrete Cylinders (6 -inch 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 6 -inch) ASTM C -495 36 7203 Compression, Concrete or Masonry Cores (testing only) 56 -inch diameter ASTM C-42 36 7204 Splitting Tensile — 6-inch by 12 -inch cylinder ASTM C-496 42 7205 Flexural Strength of Concrete (Simple Beam with 3'" pt. Loading) ASTM C -78 58 7206 Mix Design, Determination of Proportions 200 7207 Mix Design, Review of Existing 150 7208 Laboratory Trial Batch with Slump, Unit Weight & Air Content ASTM C -192 473 7209 6 -inch by 124nch Cylinder, Make and Test (lab trial batch) ASTM C -192 23 7210 3 -inch by 6 -inch Grout Prisms, Make and Test (lab Vial batch) ASTM C -192 23 7211 6 -inch by 6 -inch Flexural Beams, Make and Test (lab trial batch) ASTM C -192 34 7213 Cylinder Molds, 64nch by 12 -inch, 2 -inch 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 -684 34 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) ASTM C -157 263 7217 Modulus of Elasticity/Poisson's Ratio 3 -inch by 6 -inch cores ASTM C-469 368 7374 Compressive Strength - Concrete Cylinder r CTM 521 23 7376 Flexural Strength of Concrete (simple beam w/ center point loading) r 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 C-40 68 7246 Clay Lumps, Friable Particles 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 Per Test 7260 Mortar Cylinders (2 -inch 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, 56 -Inch diameter (Testing Only) ASTM C-42 34 7264 CMU Compression (3 required) to size 8 -inch by 84nch by 164nch ASTM C -140 45 7265 CMU Compression (3 required) greater than 84nch 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 5 8 inch by 8 -inch by 16 -inch) ASTM E-447 158 7280 CMU Grouted Prisms (compression test > 8 -inch by 8 -inch by 16 -inch) 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 17781 Cowan I Irvine, CA 326141948-250-1421 • 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, !_100,000 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 Pre - stressing 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 A416 168 Task Weld Procedure and Welder Qualifications Unit Rates 6320 Welder CertificationlWeld Procedure Review (AWS /CWI) $741hour 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 2172/ C 136 .$194 7351 Extraction & Percent Asphalt (only) ASTM D 2172 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) t CTM 125 per hour Quote 7379 Extraction by Ignition Oven CTM 382 (8/2003) 55 Rubberized Asphalt add 25% Task 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 D1559 158 Task Moisture Vapor Emission Rate (MVER) 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 177BI Cowan I Irvine, CA 521314 1 949 -250 -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 day /or begins before noon and extends into afternoon... ... ..._8 Hours B. General Inspector (Field Time Only) 1. One -half working day or less.. ........................ __ ......................... _ .................. ........ .4 Hours 2. Over one -half working daylor begins before noon and extends into afternoon ..........8 Hours C. Technician — Field /Concrete 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 day /or 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 2"ay 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: PXelo 'ces is du upo pre n io If pa id wi 3 Y ys of e i e d e, bp an nyIn a 112 per (or the mum rate wlathe id bala ntil id in full. An ome s fe other ce i ucdelinq a t ill dd to the unt due and she be by in 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 worker's compensation, general, auto and professional liability insurance. A st of LICENSES & PERMITS: o an e 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. 17761 Cowan I Irvine, CA 926141 949- 259 -1421 c Bvo�Nq^'ca UA 0-� 36++73 CITY OF NEWPORT BEAC4e CITY COUNCIL STAFF REPORT Agenda Item No. 7 May 08, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacon, P.E. 949 - 644 -3342 msinacori @city.newport- beach.ca.us SUBJECT: SURVEY ON -CALL SERVICES - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS WITH COAST SURVEY AND ADVANCED SURVEY CONCEPTS AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUSH AND ASSOCIATES RECOMMENDATIONS: 1. Approve Amendment No. 1 to Professional Services Agreement with Coast Survey, Inc. and Amendment No. 1 to Professional Services Agreement with Advanced Survey Concepts for on -call survey services and authorize the Mayor and City Clerk to execute the Amendments. 2. Approve a Professional Services Agreement with Bush and Associates for on -call survey services and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: On June 28, 2005, the City Council approved Professional Services Agreements with Coast Surveying (Coast), Advanced Survey Concepts (ASC), and Walden and Associates (Walden) to provide as needed on -call survey services. On -call agreements allow staff to retain specialized services that are regularly required for many construction projects at fees that are set for a two year period of time. Over the last two years, these on -call agreements have proven to be very effective and efficient. Coast and ASC have performed survey services for about twelve (12) projects for the City over the past two years. Walden has performed a few projects but response times have been slow due to the firm's other demands. For that reason, staff is recommending the approval of a Professional Services Agreement with Bush and Associates (Bush). • Survey On -Call Services — pro Professional Services Agreements May 08, 2007 Page 2 The proposed Fiscal Year 2007/08 CIP has over 100 projects estimated at $37 million. Survey services typically cost under $10,000 to produce survey base mapping or perform construction staking. Many projects will require survey services. Staff recommends approval of the attached amendments to extend the agreements with Coast and ASC, which are set to expire on June 30, 2007, and authorization of a new contract with Bush and Associates. Both Coast and ASC have provided exceptional service on numerous projects. Rates included in the agreements are competitive and in line with industry standards. Bush also has performed well previously under contract with the City and as the designated subcontractor to design firms on larger projects. Funding Availability: Funds for these services are available in each of the speck project accounts within the City Council approved Capital Improvement Programs. Environmental Review: Environmental clearances will be completed for each Capital Improvement Project. ^ - - - -- I - -- Civil Engineer Submitted by: Director Attachment: Amendment No. 1 with Coast Surveying Amendment No. 1 with ASC Professional Services Agreement with Bush and Associates 0 • AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. FOR ON -CALL SURVEYING 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 COAST SURVEYING, INC. a California corporation whose address is 15031 Parkway Loop, Suite B, Tustin, CA 92780 -6527 ( "Consultant'), and is made with reference to the following: RECITALS A. On August 151', 2005, CITY and CONSULTANT entered into a On -Call Professional Services Agreement, hereinafter referred to as "Agreement", for Surveying Services to assist the City in executing its Capital Improvement Program. This Agreement is scheduled to expire on June 30th, 2007. l B. City desires to enter into this Amendment No. 1 to extend the term of the �! Agreement to June 301i, 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 surveying services pursuant to this Amendment . No. 1 and according to the Request to Extend On -Call Services Agreement dated April 25, 2007, attached hereto as Exhibit A. 2. Compenstaiton to the Consultant 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. D • a IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: 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 0 Mayor for the City of Newport Beach COAST SURVEYING, INC.: By: Ruel del Castillo, PLS Title: President Print Name: By: �) (Financial Officer) Title: Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f: luserslpbvAshareftgreemen" 07 -081on -cafl seMces\Coast Amendmentdoc t: COAST SURVEYING, INC. 15031 PARKWAY LOOP SUITE B. TUSTIN. CA 92780.6527 (714) 918-6266 FAX(714)918-6277 www.coastsurvey.com April 25, 2007 City of Newport Beach EXHIBIT A 3300 Newport Boulevard Newport Beach, CA 92658 Attention: Michael Sinacori, P.E. Re: On -Call Surveying Services Dear Mr. Sinacori: INTRODUCTION Coast Surveying, Inc. welcomes the opportunity to submit our proposal to provide On -Call Surveying Services to the City of Newport Beach. Coast Surveying, Inc. has been exclusively a surveying and mapping firm since its inception in August 1981 and remains so today with 100% of our business being surveying and mapping. As a result of our emphasis on surveying and mapping, we are better equipped and better trained than most firms offering those services. With our top of the line equipment, trained personnel and principals and key employees having many years of both field and office surveying experience, our firm is ideally suited to provide services on a wide variety of projects. Our business operational strategy of pubic agency focus has enabled us to work successfully with numerous public agencies on various type projects throughout southern California. We have developed an excellent working relationship with staff from the agencies that we work With. Our philosophy is based upon client satisfaction with a public agency focus. Coast Surveying, Inc. is also a Small, Disadvantaged Business Enterprise. We believe this team to be exceptional in its experience and capability. We have all of the necessary resources and expertise to complete this project, to City of Newport Beach standards, on time and within budget. COMPANY PROFILE Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty-six years of surveying, mapping and right of way engineering experience working on projects in southern California for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and 12; OCTA; TCA; RCTC; LACMTA; SCRRA; SBCAG; CPTC; counties of Orange and Los Angeles; numerous cities throughout the area including the City of Newport Beach; U.S. Army Corps of Engineers; U.S. Navy; FAA; Port of Long Beach; Port of Los Angeles; San Diego Unified Port District; as well as numerous private engineering companies. COAST SURVEYING, INC. 15031 PARKWAY LOOP. SUITE B. TUSTIN, CA 92780 -6527 (7141918 -6266 FAX(714)918-627 www.coastsurvey.com About 95% of our work is for governmental agencies, including: federal, state, local, transportation authorities, special districts, and water districts. Coast Surveying, Inc. is a Certified DBE firm and is a financially stable firm with 18 employees currently. Recently, we have been providing various types of surveying services to the City of Newport Beach, including design surveys, photo control, aerial mapping, construction staking, centerline surveys, Comer Records, and Record of Survey. We currently have an on -call contract with the City of Garden Grove to perform survey services, a contract with the Los Angeles County Metropolitan Transportation Authority, a contract with the County of Orange to provide map checking services, a contract with the County of San Bernardino to provide survey services, and an on -call right. of way mapping . contract with the County of Los Angeles, Department of Public Works. We are currently checking legal descriptions for the City of Tustin and have been performing design surveys and map checking for the City of Seal Beach through W.G. Zimmerman Engineering. . As a subconsultant, we have been providing design surveys, aerial mapping, construction staking and /or right of way services for the Cities of Newport Beach, Costa Mesa, Irvine, Orange, Santa Ana, Anaheim, Brea, Seal Beach, San Juan Capistrano, Laguna Beach and ) San Clemente. t` Also as a subconsultant, we have been providing design surveys, aerial mapping, construction ,staking and/or right of way services for the Cities of Los Angeles, Santa Monica, Rancho Palos Verdes, Lakewood, Walnut, Pomona, Burbank, Lawndale, Torrance, San Gabriel, Glendale, Santa Clarita, Thousand Oaks, Oxnard, Camarillo, Corona, Lake Elsinore, Rancho Cucamonga, Lancaster, Fontana, Palm Desert and San Diego, along with the Counties of Orange, Los Angeles and San Diego as well as providing bridge design surveys for Caltrans District 7 and Caltrans Headquarters Structures. DESCRIPTION OF SERVICES PROVIDED Design Surreys for Various Public Works Projects Photo Control and Aerial Photogrammetric Mapping Topographic Surveys and Boundary Surveys Centerline Surveys and Centerline Ties Comer Records and Records of Survey Preparing /Reviewing Legal Descriptions and Sketches Preparing/Reviewing Subdivision Maps — Tentative & Final Construction Staking for Various Public Works Projects 2 t I FIX ! f COAST SURVEYING, INC. 15031 PARKWAY LOOP SUITE 8 TUSTIN CA 92780 -6527 (714) 918-6266 FAX (714) 918-6277 EXHIBIT B CITY OF NEWPORT BEACH ON -CALL SURVEYING SERVICES SCHEDULE OF HOURLY RATES JULY 1, 2007 to JUNE 30, 2009 Project Management $145.00 Project Surveyor 123.00 Survey Technician 97.00 Clerical and Delivery Service 56.00 2 Person Survey Party w /Equipment 220.00 3 Person Survey Party w /Equipment 286.00 - GPS Receivers (minimum of three) - $100.00 /day /receiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. AT COST AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED SURVEY CONCEPTS, INC. FOR ON -CALL SURVEYING 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 ADVANCED SURVEY CONCEPTS, INC. a California corporation whose address is 31 Sundown Drive, Trabuco Canyon, CA 92679 ( "Consultant "), and is made with reference to the following: RECITALS A. On August 24"', 2005, CITY and CONSULTANT entered into a On -Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Surveying 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 301h, 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 surveying services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated April 25, 2007, attached hereto as Exhibit A. 2. Compenstaiton to the Consultant 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."' '4 `J IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: 4, — C" 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.: Larry E. Barnes Title: President Print Name: By. (Financial Officer) Title: Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f: userskoWsharedlagreementsW 07-Mon-call serviceslAdvanced Survey Amendment.doc ASC Larry E 13aroes Preddent EXHIBIT A California Ms. 7766 Arizona P- L.336161 April 25; 2007 ASG.9orvry oom Advanted Survey Concepts, Inc. Boundary - Mapping - Construction Staking Michael Y. Sinaccri City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 SUBJECT: Request for Extention of Contract and Rate Change Dear Mike, ASC would like to extend their annual contract for two years. ASC has attached a rate schedule, list of our staff, and resumes. ASC prefers a 48 hour advanced notice for a survey crew, however ASC can work with City of Newport Beach and respond the next day to any high priority requests you may have. Should you have any questions or need additional information, please contact us at 949-916-2770. Sincerely, �R'L(YFOI E. Barnes, President Date No. 7766 7766 Fj. 1k' / ,nTI LEB :jy 31 Sundown Drive Trabuco Canyon, CA 92679 949 -916 - 27701949- 916- 8010(fax) i EXHIBIT B HOURLY RATE SCHEDULE Effective July 1, 2007 through December 31, 2007 OFFICE PERSONNEL FEE Principal - Licensed Land Surveyor Survey CALUS / CAD Operator Specification Typist $ 120.00 $ 85.00 $ 35.00 FIELD PERSONNEL FEE 2 Person Survey Crew 2 Person. Survey Crew - Overtime $ 185.00 $ 277.50 • ASC reserves the right to provide a 1 (one) man robotic Survey crew in lieu of a 2 (two) man Survey crew when appHeable. • Survey Crew hours axe from 6 :30 am to 3:00 p.m. Monday through Friday unless Requested or required by Project. • All Survey requests will be subject to a (4) four hours minimum cost. TRAVEL RELATED FEE 2 Person Survey Crew — Travel Time $ 100.00 Petdiem Per Day Person Mileage Per mile $ 60.00 $ 0.34 • These costs will not apply unless approved prior to approval of contract • Travel time will be charged ONLY when traveling back to office and after 8 hour of field surveying. • All billable time is Portal to Portal (Office to Office) Non - contract survey services with prior authorition by client will be billed at a time and material rate, and will be a minimum of (4) four hours per request. NOTE: Blueprinting, reproduction, computer plotting, messenger service and other direct expenses will be charged at cost plus 100/c. No additional charges for mileage, supplies, or telephone expenses will be included. 31 Sundown Drive ♦ Trabuco Canyon, CA 92679 ♦ Tel: (949) 916 -2770 Fax: (949) 916 -8010 PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR ON -CALL GEOTECHNICAL SERVICES /THI AGREEMENT is made and entered into as of thisT� day of TGnc, 2005, by and between the CITY OF NEWPORT BEACH, a municipal C poration ( "City "), and LEIGHTON CONSULTING, INC., a California corporation whose address is 17781 Cowan, Irivne, CA 92614 -6009 ( "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 members] of Consultant for purposes of Project, shall be Mike Olenik. 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: 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" [insert type of services] 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 3. 4. 0 0 for services requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall include only 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. 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. 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. 2 0 0 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 Mike Olenik 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. t 0 6. ADMINISTRATION 9 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 ll 0 0 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 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. 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. E0 E 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 Califomia. 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 15. • 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 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. 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 A 0 0 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 0 19. 20 21 22. 23. 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. 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. 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 0 10 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 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 11 0 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Mike Olenik Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 -6009 Phone: 949 - 253 -9836 Fax: 949 -250 -1114 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 9 0 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 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: Z4 � C_ Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: ByU/YU�.O // LaVonne Harkless, City Clerk of NFL CITY OF NEWPORT BEACH A Municipal Corporation ve Badum Director of Public Works for the City of Newport Beach LEIGHTON CONSUjMUG, INC.: M Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates f: \users\pbw\shared\egreements \fy 04 -05\on - call agreementsUeighton.doc 14 I D 1 i I I Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY June 6, 2005 Stephen G. Badum Director of Public Works City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 EXHIBIT A Subject: Qualifications to provide On -Call Soils, Material Inspection, and Testing Services for the City of Newport Beach Dear Mr. Badum: Thank you for inviting Leighton Consulting Inc., to participate on your Request for Qualifications (RFQ) dated May 25, 2005 for On -Call Soils, Material Inspection, and Testing Services. In response to your request, we are pleased to submit this qualifications document for providing On -Call Soils, Materials Inspection and Testing Services during the planning, design, administration and inspection of capital projects, as well as special investigations and reports. Leighton is prepared to provide soils and materials inspection and testing services for your CIP projects; our services are expected to include the following: Field Observation and Testing: Our technicians and /or engineers will evaluate the excavation, imported earth materials to be used for fill and backfill and compaction procedures under the supervision of the project manager. We will provide backfill density testing using nuclear gauges and sand cones, in accordance with ASTM (e.g. ASTM D 1556 and D 2922) and /or Caltrans (CT 231 and CT 375) standard test methods as required by the right -of -way jurisdiction. Our technicians will submit an original copy of their Daily Field Report (DFR) to your inspector or construction manager at end of each day. Our field services will be mobilized from our nearby Irvine office. Special inspectors will be initially scheduled through our Project Manager Mr. Olenik, with subsequent needs for the same project scheduled directly through our dispatcher. He will assign a "Lead Inspector" for each site based on the scope of work and construction methods. Each Lead Inspector will be a multi - disciplined, experienced inspector, qualified to handle all of the duties of inspection. This will help the City with cost containment, and provides one constant, familiar person to respond to questions as they arise. Based on construction methods and schedule, additional qualified and experienced inspectors can be called in to help when needed and will be able to work together as one team. 17781 Cowan ■ Irvine, CA 92614 -6009 949.253.9836 ■ Fax 949.250.1114 ■ www.leightonconsulting.com Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY Soil and material (i.e. concrete, and rebar) samples will be tested under strict quality control to meet the specifications of the contract documents. Reports of as- graded or compaction and materials testing indicating general compliance with the project plans, specification and geotechnica) recommendations will be provided as required. End of project deliverables will be mutually understood as outlined in our estimated cost proposal prior to construction. As- graded and compaction reports are prepared and coordinated by the Task Manager, while materials testing and deputy inspection reports will be prepared and coordinated by Mr. Fakharpour, Teratest's Director of Operations. We understand the importance of the availability of Deputy Inspectors and Technicians with the necessary certifications (i.e. City of Newport Beach, ICC and AG). Leighton has a pool of 50 deputy inspectors that work for us almost every day, who can be dispatched to your project site or for batch plant inspection. Through our extensive inventory of equipment and the abilities of our cross - trained staff to handle many types of samples and tests, we routinely accept large volumes of samples. Our ability to load -level our tests between laboratories allows us to be responsive to our client's needs when fast turn - around times are needed. We appreciate the opportunity to submit this qualifications package and look forward to continually working with you in the near future. To discuss our qualifications, please contact me via phone at 949.253.5924, x 170. Respectfully submitted, Leighton Consulting, Inc. Mike Olenik Materials Inspection Manager 17781 Cowan ■ Irvine, CA 92614 -6009 949.253.9836 ■ Fax 949.250.1114 . www.leightonconsulting.com t F EXHIBIT B MATERIALS TESTING & INSPECTION SCHEDULE OF SERVICES — Prevailing Wage Task Professional Services Price $ / hour C of NS 7104 Reports — Test Results 10 7105 Review of Files for Final Letter of Affidavit (min. 2 hours) 115 7106 Expert Witness, Consultation and Court Appearances (min. 4 hours) 200 7107 Submittal Review for Compliance with Project Plans and Specifications 100 7108 Structural Observation designated by the Architect or Engineer of Record (Seismic Zones 3 & 4) 200 Task Inspection Services Price $ / hour 6150 Relocatable Building In -Plant Inspections, Title 24 85 6151 DSA Project Inspector (IOR) — Class 1 90 6152 DSA Project Inspector (IOR) — Class II 85 6153 DSA Project Inspector (IOR) — Class III 80 6154 DSA Project Inspector (IOR) — Class IV 75 6200 Special Inspection Concrete ICBO 68 6201 Special Inspection Post - Tension Concrete ICBO 68 6202 Special Inspection Structural Steel/Welding & Bolting ICBO 68 6203 Special Inspection Welding AWS /CWI 76 6204 Special Inspection Masonry ICBO 68 6205 Special Inspection Masonry DSA 76 6206 Special Inspection Roofing 68 6207 Special Inspection Asphalt 68 6208 Special Inspection Fireproofing ICBO 68 6209 Electrical Inspection 68 6210 Mechanical Inspection 68 6211 Special Inspection Shotcrete ICBO 68 6212 Special Inspection Shotcrete DSA 76 6213 Special Inspection Epoxy Injection & Anchors 68 6214 Batch Plant Inspection Concrete 68 6215 Batch Plant Inspection Asphalt 68 6216 Building Inspection ICBO 68 6217 Fabrication Inspection (Local) AWS /CWI 76 6218 Fabrication Inspection (Outside Local Area) Quote Task Technician Services Price $ / hour 6230 Technician- Materials -Field /Concrete 68 6231 Technician -Soil (Compaction Tests Only) Quote 6232 Coring and Sizing (in house) 68 7120 Laboratory Technician 68 6233 Pachometer Inspection - Technician 68 6234 Schmidt Hammer Inspection - Technician 68 6235 Moisture Testing - Technician 68 6236 Grounding Rod Soil Resistance Test - Technician 250 ea. 6237 Pull -out Test on Embedded Bolts, Anchors and Dowels 68 5238 Earth Anchor Hold Down Test (4 Hour, Full Load Application with 5 minimum) 155 ea. 6239 Earth Anchor Hold Down Test (Prelude / Short Term, w /Full Load) 18 ea. 6240 Coring Concrete, Masonry or Asphalt in Field 85 6241 Sawing Concrete, Masonry or Asphalt in Field 95 6242 Pick -up and Delivery - Standard 60 1trip 6243 Technician Travel Time ( >40mi. radius of Irvine lab) 60/hr. 65 65 65 72 65 72 65 65 65 65 65 65 72 65 65 65 65 72 65 65 65 65 65 65 65 50 50 1 -05P 17781 Cowan ■ Irvine, CA 926146009 949.250.1421 ■ Fax 949.250.1114 ■ www.leightonconsulting.com 0 i/ • Task Non - Destructive Testing (NDT) Price $ 1 hour 6260 Ultrasonic Inspection 80 6261 Dye Penetrant Inspection 80 6262 Magnetic Particle Inspection 80 6263 Radiographic Testing Quote /hour 6264 Travel Charge Quote /hour or mile 6265 Truck Charge Quotelday 6266 Film Quote /film Task Equipment Charges Price $/ day 6300 Skidmore - Wilhelm Bolt Cell 40 6301 Torque Wrench 15 6302 Air Meter 20 6303 Pachometer 50 6304 Schmidt Hammer 30 6305 Nuclear Density Gauge 75 6306 Vibrating Probe (Concrete) 40 6307 Generator 50 Task Concrete Strength Characteristics Method Price $ ea. 7200 Concrete Cylinders (6 "x 12 ") - Compression ASTM C -39 22 7201 Gunite /Shotcrete Cores (Lab Coring & Testing Only) ASTM C -42 50 7202 Lightweight Fill Concrete (3 "x6 ") ASTM C -495 32 7203 Compression, Concrete or Masonry Cores (Testing Only) Max. Diameter 6" ASTM C -42 32 7204 Splitting Tensile ASTM C -496 38 7205 Flexural Strength of Concrete (Simple Beam with V pt. Loading) ASTM C -78 55 7206 Mix Design, Determination of Proportions 130 7207 Mix Design, Review of Existing 120 7208 Laboratory Trial Batch with Slump, Unit Weight & Air Content ASTM C -192 360 7209 6 "x 12" Cylinder, Make and Test (Lab Trial Batch) ASTM C -192 22 7210 3 "x 6" Grout Prisms, Make and Test (Lab Trial Batch) ASTM C -192 18 7211 6"x 6" Flexural Beams, Make and Test (Lab Trial Batch) ASTM C -192 32 7212 Per Sample Pick -up within 40 -miles of Irvine Lab 10 7213 Cylinder Molds, 6 "x 12 ", 2 "x 4" (Not Used With Testing) 3 7214 Unit Weight of Hardened Light weight Concrete ASTM C -567 32 7215 Rapid Cure Concrete Cylinders (Boil Method) ASTM C -684 32 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) ASTM C -157 220 7217 Modulus of Elasticity/Poisson's Ratio ASTM C-469 260 7218 Petrographic Analysis of Hardened Concrete ASTM C -856 1300 7219 Cement Content Analysis of Hardened Concrete ASTM C 1084 820 Task Aggregate Properties Method Price $ ea. 7240 Sieve Analysis of Fine and Coarse Aggregate ASTM C -136 95 7241 Sieve Analysis -Finer than #200 (Wash) ASTM C -117 65 7242 LA Rattler - Smaller Coarse Aggregate < 1 %2" ASTM C -131 155 7243 LA Rattler- Larger Coarse Aggregate > 3W ASTM C -535 180 7244 Soundness ASTM C -88 205 7245 Organic Impurities ASTM C-40 55 7246 Clay Lumps, Friable Particles ASTM C -142 115 7247 Durability Index CTM 229 115 7248 Cleanness Value of Coarse Aggregate CTM 227 80 19 45 19 1 -05P 17781 Cowan ■ Irvine, CA 92614 -6009 1 949.250.1421 ■ Fax 949.250.1114 ■ www.leightonconsullin&com 0 0 1 -05P 17781 Cowan 6 Irvine, CA 92614-6009 949.250.1421 ■ Fax 949.250.1114 ■ www.leightommnsulting.corn 4000 Task Masonry Method Price $ ea. 7260 Mortar Cylinders (2 "x4 ") ASTM C -780 22 19 7261 Mortar Cubes (2 "x 2") ASTM C -109 22 19 7262 I Grout Prisms (3 "x6 ") ASTM C -1019 22 19 7263 Compression, Concrete or Masonry Cores, Max. Diameter 6" (Testing Only) ASTM C-42 32 7264 CMU Compression (3 required) to size 8 "x 8 "x 16" ASTM C -140 43 7265 CMU Compression (3 required) greater than 8 "x 8 "x 16" ASTM C -140 48 7266 CMU Moisture Content, Absorption & Unit Weight (6 required) ASTM C -140 80 7267 Masonry Efflorescence (5 required) ASTM C -67 48 7268 CMU Linear Drying Shrinkage ASTM C426 90 7269 CMU Grouted Prisms (Compression Test to 8 "x 8 "x 16 ") ASTM E -447 145 ' 7280 CMU Grouted Prisms (Compression Test larger than 8 "x 8" x16 ") ASTM E -447 175 7281 Masonry Core -Shear Title 24 (Test Only) 60 Task Brick Method Price $ ea. 7290 I Compression (5 required) ASTM C-67 38 7291 Modulus of Rupture (5 required) ASTM C -67 38 7292 Absorption, Soak (5 required) ASTM C -67 27 7293 Absorption, Boil (5 required) ASTM C -67 27 ' 7294 Absorption, Saturation Coefficient (5 required) ASTM C -67 43 7295 Initial Rate of Absorption (5 required) ASTM C -67 38 7296 Efflorescence (5 required) ASTM C -67 45 7297 Efflorescence with Mortar (5 required) ASTM C -67 60 ' Task Steel Reinforcement Method Price $ ea. 7300 Tensile Test, Up to No. 10 ASTM A -370 38 7301 Tensile Test, No. 11 and over ASTM A -370 48 ' 7302 Bend Test, Up to No. 8 ASTM A -370 32 7303 Bend Test, No. 9 and over ASTM A -370 48 7304 Processing Mill Certificates (per size and heat) 16 Task Structural Steel Method Price $ ea. ' 7310 Tensile Strength, Up to 100,000lbs ASTM A -370 38 7311 Tensile Strength, 100,000 to 200,OOOlbs ASTM A -370 48 7312 Bend Test ASTM A -370 27 7313 Pipe Flattening Test ASTM A -370 Quote ' 7314 Machining and Preparation of Samples ASTM A -370 48 7315 Brinell & Rockwell Hardness Test ASTM A -370 32 7316 Chemical Analysis, Carbon and Low Alloy Steel Quote ' 7317 Processing Mill Certificates (per size and heat) 16 Task Prestress Method Price $ ea. 7320 Prestress Wire ASTM A-416 150 7321 Sample Preparation 48 ' 7322 Prestress Cable, 7 Wire (Breaking Strength /Modulus of Elasticity) ASTM A -416 160 Task Weld Procedure and Welder Qualifications Price $ 6320 Welder Certification/Weld Procedure Review (AWS /CWI) 76 1hr. 7330 Weld Tensile Test 38 ea. 7331 Weld Bend Test 27 ea. 7332 Weld -Macro Etch 43 ea. 7333 Bolt Tensile Test 48 ea. Task Fireproofing Method Price $ 7340 Unit Weight (Density) UBC Std. 7 -6 43 ea. ■ 7341 Cohesion /Adhesion UBC Std- 7-6 68 /hr. 1 -05P 17781 Cowan 6 Irvine, CA 92614-6009 949.250.1421 ■ Fax 949.250.1114 ■ www.leightommnsulting.corn • 0 Task Roofing Method Price $ 7345 Unit Weight 68 /hr. 7346 Tile- Breaking Strength /Absorption (min. 5 samples /test) UBC 15 -5 65 ea. 7347 Clay or Concrete Tile Title 24 Quote Task Asphalt Concrete, General Testing Method Price $ 7350 Extraction, % Asphalt ASTM D 2172 128 ea. 7351 Extraction & Gradation ASTM D 2172/C 136 177 ea. 7352 Unit Weight— Molded Specimen of Cores ASTM D -118 38 ea. 7353 Bulk Specific Gravity CTM 308 145 ea. 7354 Stabilometer Value CTM 366 214 ea. 7355 Maximum Density - MARSHALL ASTM D -1559 140 ea. 7356 Maximum Density with Stability & Flow ASTM D -1559 185 ea. 7357 Bituminous Mixture Preparation CTM 304 54 ea. Task Mix Design /Control Method Price $ ea. 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 1CTM 366 150 7363 Field Mix - MARSHALL Stability per point ASTM D 1559 150 Task Moisture Test Method Price $ 6325 Moisture Tests ASTM E- 1907 54 ea. 6326 Moisture Retest ASTM E- 1907 38 ea. CalTrans Tests Method Price $ ea. 8000 Relative Compaction CTM 216 187 7370 Soil & Aggregate Preparation & Seive (Fine & Coarse Aggregate) " CTM 201 & 202 268 7371 Sand Equivalent .* CTM 217 82 7372 Moisture Content (Oven Drying) " CTM 226 16 7373 Grading & Speck Gravity Calculation * CTM 105 59 8001 R Value, Soils& Bases ( Stabilometer) * CTM 301 268 7374 Compressive Strength - Concrete Cylinder t CTM 521 22 7375 Air Content of Fresh Concrete (Pressure Method) r CTM 504 68/hour 7376 Flexural Strength of Concrete (simple beam wl centerpoint loading) t CTM 523 80 7377 Moisture Content of Asphalt' CTM 370 54 7378 Sampling Highway Materials/Products (Roadway Structural Sections) t CTM 125 per hour Quote *soil T material *' soil & materials 1 -05P 17781 Cowan ■ Irvine, CA 92614.6009 949.250.1421 n Fax 949.250.1114 ■ www.leightonconsulting.com CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 June 28, 2005 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, INSPECTION, AND ENVIRONMENTAL PLANNING /PERMITTING ON- CALL SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS RECOMMENDATIONS: 1. 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, Advance Survey Concepts, and Walden & Associates 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 Agreement with Project Partners for on -call supplemental public works inspection services and authorize the Mayor and City Clerk to execute the Agreements. 5. Approve a Professional Services Agreement with J.H. Douglas & Associates for on- call environmental planning and permitting assistance and authorize the Mayor and City Clerk to execute the Agreements. DISCUSSION: Prior to the City Council meeting of November 26, 2002, geotechnical, survey, archeological, and supplemental inspection services were regularly required for many Capital Improvement Program (CIP) projects and a great number of small but time - consuming Professional Services Agreements (PSA's) were executed between the City SUBJECT: Geotechnical, Surveying And Mapping, Archeological, And Inspection On -Call Services - Approval Of Professional Services Agreements June 28, 2005 Page 2 and selected consultants to accomplish these on -going tasks. On November 26, 2002, City Council approved the use of on -call PSA's with one soils firm and with three surveying firms. Then on December 9, 2003, Council approved on -call PSA's for the use of eight firms, (two soils, three survey, one archeological and two inspection firms). These PSA's all expire on June 30, 2005. Over the last few years, these on -call PSA's have proven to be very effective and efficient. A request for qualifications was mailed to twelve firms to submit proposals and eight firms responded. Staff now recommends executing new PSA's with these eight firms as listed in the above recommendations, that is - two geotechnical firms, three surveying and mapping firms, one archeological firm, one supplemental public works inspection firm, and one environmental planning /permitting firm. To reduce time in preparing individual PSA's 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 PSA's prepared for their work and if greater than $30,000 they would be brought to City Council for approval per Council Policy F -14. The City Council approved a Fiscal Year 2005/06 Citywide CIP, which totals over $30,000,000. More than 100 projects within the CIP will require some sort of geotechnical and survey services as well as occasional archeological, supplemental public works inspection services, or environmental permitting service. These services are funded 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 Mappinq Firms: Similar on -call Professional Services PSA's are recommended for surveying and mapping services. The 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 survey requests. 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 PSA's 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, particularly on projects in coordination with Caltrans. LSA has provided timely inspections and reports on previous projects with the City. SUBJECT: Geotechnical, Surveying And Mapping, Archeological, And Inspection On -Call Services - Approval Of Professional Services Agreements June 28, 2005 Page 3 On -Call Supplemental Public Works Inspection Firms: Over the last four years staff has had to use two supplemental inspectors due to the heavy project loads on our three full -time staff inspectors. Project Partners has provided inspection services to the City for four years. Although the City's proposed new budget includes an additional staff Inspector, it will take some time to hire the new inspector and occasional use of a contract inspector may still be required. On -Call Environmental Planning and Permitting Service: Environmental permitting and planning assistance are often required in conjunction with the CIP because the City must comply with land use and environmental laws such as CEQA, and may be required to obtain permits from other public agencies. J.H. Douglas & Associates has provided timely services and assistance on previous projects with the City. Standard On -Call Professional Services Agreement: Attached is the standard PSA that was recently updated by the City Attorney's Office. The On -Call PSA with the geotechnical, survey, archeological, inspection, and environmental services firms is identical to the new standardized PSA's 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. The proposed On -Call PSA's would be effective through June 30, 2007. Funding Availability: Funds for these services are available in each of 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: ,a. Z" RGunther, P.E. Construction Engineer Submitted Stephen G. Badum Public Works Director Attachment: Draft On -Call Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT WITH [INSERT NAME OF PERSON /COMPANY] FOR ON -CALL SERVICES FOR [INSERT PROJECT NAME] THIS AGREEMENT is made and entered into as of this day of , 2005, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City "), and [INSERT COMPANY NAME], a [insert type of business, i.e., an individual, a partnership, a joint venture, a corporation or some other business entity] whose address is [insert address], California ( "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 [insert description of what is being planned]. C. City desires to engage Consultant to perform on -call [insert type of service Consultant provides i.e., geotechnical, engineering, etc.] 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 members] of Consultant for purposes of Project, shall be [insert name of Consultant]. 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 June day of 30th, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call" [insert type of services] as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal 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 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. No services shall be provided until the Public Works Department Director 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 E Proposal, as approved by the Public Works Department. 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 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 [Insert Contact Name] 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. 3 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. [Optional Provision] If Consultant is performing inspection or construction management services for City, the Project Manager and any other assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City staff. Consultant's Nextel Direct Connect I.D. number will be provided to City to be programmed into City Nextel units, and vice versa. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. [Insert Staff Person] 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. 11 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. 8.4 [Optional Provision] 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 [OPTION A: For Use In All Contracts Except Those With Architects, Engineers And Surveyors] 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 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 sole 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. [OPTION B: For Use With Design Professionals (Engineers, Surveyors And Architects)] 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. 11 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 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 mariner 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 7 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. 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: 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 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. 0 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. 19. 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 10 (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. 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, 11 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 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 12 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 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: [Insert Name of Consultant] [Insert Address] [City and Zip Code] Phone: Fax: 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. 13 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. 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. &I 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: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: in LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Stephen G. Badum, Public Works Director for the City of Newport Beach [Name of Consultant] la Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates f:\ users \CAnshared%agreement \on -call agreement template.doc 15 0 0 a —* sq(A) PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR ON -CALL SOILS AND MATERIALS INSPECTION AND TESTING SERVICES �//�� THIS AGREEM NT is made and entered into as of this % day of Lot _ , 20�y and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"), and LEIGHTON CONSULTING, INC., a Geotechnical Consulting Firm whose address is 17781 Cowan, Irvine, California, 92614 ( "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 ($30,000,000.00) 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 Ralph Humes. 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 21st day of February 2004, and shall terminate on the 30th day of June, 2005, unless terminated earlier as set forth herein. i • 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 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. Upon verbal request from the Project Administrator, Consultant shall provide a letter proposal for services requested by the City. The letter proposal shall 2 0 0 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. 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 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 Ralph Humes 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 3 i • 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 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. U • 0 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 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 5 11 12. 13. 14. • 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. 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. U. • • 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 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. 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. 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). 7 15. 0 E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 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. 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. 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 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 3 0 0 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. 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 N 0 0 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. 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 10 • • 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 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 11 0 0 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: Ralph Humes Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 Phone: 949 - 250 -1421 Fax: 949 - 250 -1114 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. 12 0 0 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. 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. 13 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: rA-)O-X-��07- 10�4�1 1 Donna Bigi Attorney for the City of Newport Beach AT' LaVonne Harkless CITY Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: --x�("-) I Tod W. Ridgeway Mayor for the City of Newport Beach Leighton Consulting, Inc. t By: GA - �%1 a V CAP4 Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:\users\pbw\shared\agreements\fy 03-04\on-call agreements\leighton-on call soils.doc 14 L e Exhibit "A" 4 Leighton Consulting, Inc. A LEIGHTON GROUP COMPANY November 12, 2003 Robert Gunther, PE City of Newport Beach 300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Request for Statement of Qualifications for Materials Inspection and Testing Services Leighton Consulting, Inc's. Materials Inspection Division (formerly known as Teratest Labs, Inc.) is pleased to be considered to provide materials testing and inspection services for the City of Newport Beach Capital Improvement Program. If we are chosen, all services under this contract will be contracted through Leighton Consulting, Inc. (Leighton). Our affiliate company, Teratest Labs, is merging with Leighton Consulting to provide our clients more efficiencies and services. The project experience demonstrated herein, was performed by Teratest Labs. The personnel and level of service you have come to expect from Teratest is still intact . Leighton provides these unique strengths: - Recently worked with city staff on the Boy Scout Sea Base improvements during construction. - Our office in Irvine brings local ownership with a commitment of resources to your projects. A local office that will respond to your needs in 24 hours. In -house laboratory that is Caltrans, DSA, NICET, and CCRL approved Ralph Humes, Project Manager, will be your primary point of contact. Mr. Humes will have direct and continual responsibility for any and all projects under this contract and will manage all project activities through completion of the contract. He will work closely with our dispatcher, Greg Stocks, to ensure the appropriately certified inspectors and timely response to your projects. Our laboratory has been approved by Caltrans, DSA, U.S. Navy, U.S. Army Corps of Engineers, City of San Diego, City of Los Angeles, NICET, and the U.S. Department of Agriculture. We participate bi- yearly in Cement and Concrete Reference Laboratory (CCRL) Sample Proficiency Testing and consistently achieve the highest possible ratings. Thank you for your review of our qualifications. If you have any questions, or would like further information, please call Lou Neunuebel at 949 - 253 -9836 X 174. Sincere) , Kris R. Lutton, REA II Senior Vice President 17781 Cowan • Irvine, CA 926146009 949.253.9836 ■ Fax 949.250.1114 z www.leightonconsulting.00m F ' • Exhibit "B" Leighton Consulting, Inc. � P LEI4XTON 4ROUP COMVANT Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be 17781 Cowan ■ Irvine, CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Pdces valid for 6 months. 949.253.5922 ■ Fax 949.263.8843 SCHEDULE OF SERVICES — Prevailing Wage City of Newport Beach t Professional Services Price $ ! hour NB 7101 Registered Civil Engineer 110 100 6100 Project Management 85 75 6101 Scheduling /Supervision +4% NC 7104 Reports — Test Results 15 NC 7105 Review of Files for Final Letter of Affidavit (min. 2 hours) 100 100 7106 Expert Witness, Consultation and Court Appearances (min. 4 hours) 200 l 7107 Submittal Review for Compliance with Project Plans and Specifications 100 7108 Structural Observation designated by the Architect or Engineer of Record (Seismic Zones 3 & 4) 225 Inspection Services Price $1 hour 6150 Relocatable Building In -Plant Inspections, Title 24 75 2 6151 DSA Project Inspector (IOR) — Class 1 85 6152 DSA Project Inspector (IOR) — Class II 80 6153 DSA Project Inspector (IOR) — Class III 75 6154 DSA Project Inspector (IOR) — Class IV 70 6200 Special Inspection Concrete ICBO 68 61 6201 Special Inspection Post- Tension Concrete ICBO 68 61 6202 Special Inspection Structural Steel/Welding & Bolting ICBO (ICC) 68 61 6203 Special Inspection Welding AWS /CWI 72 66 It 6204 Special Inspection Masonry ICBO & DSA 68 61 6206 Special Inspection Roofing 68 6207 Special Inspection Asphalt 68 6208 Special Inspection Fireproofing ICBO 68 j 6209 Electrical inspection 68 6210 Mechanical Inspection 68 6211 Special Inspection Shotcrete ICBO & DSA 68 61 6213 Special Inspection Epoxy Injection & Anchors 68 61 6214 Batch Plant Inspection Concrete 68 56 6215 Batch Plant Inspection Asphalt 68 56 6216 Building Inspection ICBO 68 60 1 6217 Fabrication Inspection (Local)AWS /CWI 72 64 6218 Fabrication Inspection (Outside Local Area) Quote ( Technician Services Price $ ! hour 6230 Technician - Materials- Field/Concrete 68 61 !I 6232 Coring and Sizing (in house) 68 56 7120 Laboratory Technician 68 56 6233 Pachometer Inspection - Technician 68 61 6234 Schmidt Hammer Inspection - Technician 68 61 6235 Moisture Testing - Technician 68 61 6236 Grounding Rod Soil Resistance Test - Technician 250 ea. 6237 Pull -out Test on Embedded Bolts, Anchors and Dowels 68 61 I 6238 Earth Anchor Hold Down Test (4 Hour, Full Load Application with 5 minimum) 150 6239 Earth Anchor Hold Down Test (Prelude / Short Term, w /Full Load) 15 6240 Coring Concrete, Masonry or Asphalt in Field 85 80 j 6241 Sawing Concrete, Masonry or Asphalt in Field 95 90 j 6242 Pick -up and Delivery - Standard 55 45 6243 Technician Travel Time ( >40mi. radius of Irvine lab) 55 50 Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be 17781 Cowan ■ Irvine, CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Pdces valid for 6 months. 949.253.5922 ■ Fax 949.263.8843 Leighton Consulting, Inc. a cerexrau cxnuo cox°nwv Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be 17781 Cowan ■ Irvine, CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Prices valid for 6 months. 949.253.5922 ■ Fax 949.263.8843 Non - Destructive Testing (NDT) Price $/ hour NB 6260 Ultrasonic Inspection 75 6261 Dye Penetrant Inspection 75 6262 Magnetic Particle Inspection 75 6263 Radiographic Testing Quote /hour l6264 Travel Charge Quote /hour or mile 6265 Truck Charge Quote /day 6266 Film Quote /film I Equipment Charges Price $ / day ( 6300 Skidmore - Wilhelm Bolt Cell 40 NC 6301 Torque Wrench 15 NC 6302 Air Meter 20 NC 6303 Pachometer 50 NC 6304 Schmidt Hammer 30 NC 6305 Nuclear Density Gauge 75 NC 6306 Vibrating Probe (Concrete) 40 NC 6307 i Generator 50 NC Concrete Strength Characteristics Method Price $ ea. 7200 Concrete Cylinders (6°x 12`7 - Compression ASTM C -39 20 19 7201 Gunite /Shotcrete Cores (Lab Coring & Testing Only) ASTM C-42 45 7202 Lightweight Fill Concrete (3 °x67 ASTM C -495 30 25 7203 Compression, Concrete or Masonry Cores (resting Only) Max. Diameter 6" ASTM C42 30 r 7204 Splitting Tensile ASTM C496 35 7205 Flexural Strength of Concrete (Simple Beam with 3" pt. Loading) ASTM C -78 50 7206 Mix Design, Determination of Proportions 125 7207 Mix Design, Review of Existing 100 ! 7208 Laboratory Trial Batch with Slump, Unit Weight & Air Content ASTM C -192 350 1 7209 6'x 12" Cylinder, Make and Test (Lab Trial Batch) ASTM C -192 20 7210 3"x 6" Grout Prisms, Make and Test (Lab Trial Batch) ASTM C -192 15 7211 6"x 6" Flexural Beams, Make and Test (Lab Trial Batch) ASTM C -192 30 7212 Per Sample Pick -up within 40 -miles of Irvine Lab 6 7213 Cylinder Molds, 6 "x 12 ", 2 "x 4" (Not Used With Testing) 3 7214 Unit Weight of Hardened Light weight Concrete ASTM C -567 30 7215 Rapid Cure Concrete Cylinders (Boil Method) ASTM C -684 30 ( 7216 Drying Shrinkage (Four Readings, up to 90 days, 3 bars) ASTM C -157 200 7217 Modulus of ElasticitylPoisson's Ratio ASTM C -469 250 7218 Petrographic Analysis of Hardened Concrete ASTM C -856 1250 7219 Cement Content Analysis of Hardened Concrete ASTM C 1084 800 Aggregate Properties Method Price $ ea. 7240 Sieve Analysis of Fine and Coarse Aggregate ASTM C -136 95 7241 Sieve Analysis -Finer than #200 (Wash) ASTM C -117 65 7242 LA Rattler - Smaller Coarse Aggregate < 1'F" ASTM C -131 160 7243 LA Rattler- Larger Coarse Aggregate >' /." ASTM C -535 180 7244 Soundness ASTM C-68 205 7245 Organic Impurities ASTM C40 55 7246 Clay Lumps, Friable Particles ASTM C -142 115 7247 Durability Index CTM 229 115 7248 Cleanness Value of Coarse Aggregate CTM 227 80 Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be 17781 Cowan ■ Irvine, CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Prices valid for 6 months. 949.253.5922 ■ Fax 949.263.8843 0 0 Masonry Method Price $ ea. FLeighton Consulting, Inc. ASTM C -780 P LEIBNTOM 6MOUp COMPANY 0 0 Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be NB 19 19 19 28 22 35 62 17761 Cowan ■ Irvine, CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Prices valid for 6 months. 949.2515922 ■ Fax 949.263.8843 nommmmom Masonry Method Price $ ea. 7260 Mortar Cylinders (2 "x4 ") ASTM C -780 20 7261 Mortar Cubes (2 "x 2 ") ASTM C -109 20 7262 Grout Prisms (3 "x6 ") ASTM C -1019 20 7263 Compression. Concrete or Masonry Cores, Max. Diameter 6" (Testing Only) ASTM C -42 30 7264 CMU Compression (3 required) to size B "x 8 "x 16" ASTM C -140 40 7265 CMU Compression (3 required) greater than 8 "x 8 "x 16" ASTM C -140 45 7266 CMU Moisture Content, Absorption 8 Unit Weight (6 required) ASTM C -140 75 7267 Masonry Efflorescence (5 required) ASTM C -67 45 7268 CMU Linear Drying Shrinkage ASTM C -426 85 7269 CMU Grouted Prisms (Compression Test to 8 "x 8 "x 16 ") ASTM E-447 135 7280 CMU Grouted Prisms (Compression Test larger than 8 "x 8" x16 ") ASTM E -447 160 7281 Masonry Core -Shear Title 24 (Test Only) 55 t Brick Method Price $ ea. 7290 Compression (5 required) ASTM C -67 35 7291 Modulus of Rupture (5 required) ASTM C-67 35 7292 Absorption, Soak (5 required) ASTM C -67 25 7293 Absorption, Boil (5 required) ASTM C -67 25 7294 Absorption, Saturation Coefficient (5 required) ASTM C-67 40 7295 Initial Rate of Absorption (5 required) ASTM C-67 35 7296 Efflorescence (5 required) ASTM C -67 45 7297 Efflorescence with Mortar (5 required) ASTM C -67 55 Steel Reinforcement Method Price $ ea. ( 7300 Tensile Test, Up to No. 10 ASTM A -370 35 7301 Tensile Test, No. 11 and over ASTM A -370 45 7302 Bend Test, Up to No. B ASTM A -370 30 7303 Bend Test, No. 9 and over ASTM A -370 45 r 7304 Processing Mill Certificates (per size and heat) 20 Structural Steel Method Price $ ea. 7310 Tensile Strength, Up to 1100,0001bs ASTM A -370 35 7311 Tensile Strength, 100,000 to 200,000lbs ASTM A -370 40 7312 Bend Test ASTM A -370 25 t 7313 Pipe Flattening Test ASTM A -370 Quote 7314 Machining and Preparation of Samples ASTM A -370 40 7315 Brinell SL Rockwell Hardness Test ASTM A -370 30 7316 Chemical Analysis, Carbon and Low Alloy Steel Quote 11 7317 Processing Mill Certificates (per size and heat) 15 ( Prestress Method Price $ ea. 7320 Prestress Wire ASTM A-416 140 II 7321 Sample Preparation 45 7322 Prestress Cable, 7 Wire (Breaking Strength /Modulus of Elasticity) ASTM A-416 150 Weld Procedure and Welder Qualifications Price $ 6320 Welder Certification /Weld Procedure Review (AWS /CWI) 65/hr. 7330 Weld Tensile Test 35 ea. 7331 Weld Bend Test 25 ea. 7332 Weld -Macro Etch 40 ea. 7333 Bolt Tensile Test 45 ea. Machining and Preparation of Samples 40 ea. Fireproofing Method Price $ 7340 Unit Weight (Density) UBC Std. 7 -6 401ea. 7341 Cohesion/Adhesion UBC Std. 7-6 68 /hr. Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be NB 19 19 19 28 22 35 62 17761 Cowan ■ Irvine, CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Prices valid for 6 months. 949.2515922 ■ Fax 949.263.8843 nommmmom 1 Leighton Consulting, Inc. ' A [E,6XTOM 6ROVP COgPA11Y Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be NB 61 17781 Cowan ■ Irvine, CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Prices valid for 6 months. 949.253.5922 ■ Fax 949.263.6843 Roofing Method Price $ 7345 Unit Weight 68 /hr. r 7346 Tile- Breaking Strength /Absorption (min. 5 samples /test) UBC 15-5 65 ea. I 7347 Clay or Concrete Tile Title 24 Quote Asphalt Concrete, General Testing Method Price $ 7350 Extraction, % Asphalt ASTM D 2172 120 ea. t! 7351 Extraction & Gradation ASTM D 21721C 136 165 ea. 7352 Unit Weight — Molded Specimen of Cores ASTM D -118 35 ea. i 7353 Bulk Specific Gravity CTM 308 135 ea. 7354 Stabilometer Value CTM 366 200 ea. 7355 Maximum Density - MARSHALL ASTM D -1559 130 ea. 7356 Maximum Density with Stability & Flow ASTM D -1559 175 ea. f 7357 Bituminous Mixture Preparation CTM 304 50 ea. Mix Design/Control Method Price $ ea. 7360 Mix Design — HVEEM Including Aggregate Tests per Design ASTM D Quote 1560 /CTM 366 7361 Mix Design — MARSHALL Including Aggregate Tests per Design ASTM D1559 Quote 7362 Field Mix— HVEEM Stability per point ASTM D 140 1560 /CTM 366 1 7363 Field Mix - MARSHALL Stability per point ASTM D 1559 140 Moisture Test Method Price $ Technician Moisture Testing 66 /hr. 6325 Moisture Tests ASTM E -1907 50 ea. 6326 Moisture Retest ASTM E -1907 35 ea. Electrical Price $ Electrical Inspections 681hr. Grounding Rod Soil Resistance Test 250 ea. CalTrans Tests Method Price $ ea. 8000 Relative Compaction ` CTM 216 175 7370 Soil & Aggregate Preparation & Salve (Fine & Coarse Aggregate) ' CTM 201 & 202 250 7371 Sand Equivalent'" CTM 217 75 7372 Moisture Content (Oven Drying) CTM 226 15 Cleanness of Coarse Aggregate f CTM 227 75 7373 Grading & Specific Gravity Calculation' CTM 105 55 8001 R Value, Soils & Bases ( Stabilometer) ` CTM 301 250 Stabilometer Value ` CTM 366 200 7374 Compressive Strength - Concrete Cylinder 1 CTM 521 20 - 7375 Air Content of Fresh Concrete (Pressure Method) f CTM 504 65/hour 7376 Flexural Strength of Concrete (simple beam w/ centerpoint loading) t CTM 523 75 Bituminous Mixture Preparation 1 CTM 304 50 7377 Moisture Content of Asphalt f CTM 370 50 Bulk Specific Gravity f CTM 308 135 7378 Sampling Highway Materials/Products (Roadway Structural Sections) t CTM 125 per hour Quote "soil t material *" soil & materials Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be NB 61 17781 Cowan ■ Irvine, CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Prices valid for 6 months. 949.253.5922 ■ Fax 949.263.6843 Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be 17781 Cowan ■ Irvine. CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Pdces valid for 6 months. 949253.5922 ■ Fax 949.263.8843 r Leighton Consulting, Inc. ' A IEIEHTON CROYp CDYP/.NV SOILS TESTING Method Price $ ea. Identification & Index Properties 8002 Moisture Content. ASTM D -2216 10 8003 Moisture and Density (Ring Samples) ASTM D -2937 18 8004 Moisture Content & Density (Shelby tube or requires cutting) ASTM D 2937 45 8005 Atterberg Limits (3 points) ASTM D 4318 90 j 8006 Single Point/Nonplastic ASTM D 4318 65 ( 8007 Visual classification of point as nonplastic ASTM D 2488 8 8008 Particle Size: Sieve ('/<" to —#200) ASTM D 422 55 8023 Particle Size: Sieve 0/." to —#200) ASTM D 90 422 G136 8009 Hydrometer only ASTM D 422 80 8010 Sieve & Hydrometer ASTM D 422 110 8011 Dispersive Characteristics of Clay Soil (Double Hydrometer) ASTM D 4221 70 8012 Specific Gravity: Fine (passing #4) ASTM D 854 65 8013 Coarse (retained on #4) ASTM C127 65 8014 Total Porosity — On Shelby tube sample calculated from density & specific gravity 95 8015 Total Porosity — On other sample 65 8016 Photograph of sample 9 ( 8017 Shrinkage Limits (Wax Method) ASTM D 4943 99 8018 Pinhole Dispersion ASTM D 4647 160 8020 Percent Passing 9200 Sieve ASTM D 1140 40 8021 Moisture & Density (Chunk Samples 8022 Sand Equivalent ASTM D 2419 Soil Chemistry { 8050 pH DOT CA 5321643 30 ! 8051 Electrical Resistivity — single point — insitu moisture 35 8052 Minimum Resistivity (minimum of 3 points) DOT CA Test 532/643 70 8053 pH & Minimum Resistivity DOT CA 5321643 85 8054 Sulfate Content - Gravimetric DOT CA Test 50 417 /Part II 8055 Sulfate Screen HACH kit 25 8056 Chloride Content DOT CA Test 422 44 t 8057 Corrosion Suite: pH, Chloride, Minimum Resistivity & Sulfate DOT CA Test 532/643 170 i (gravimetric) 8058 Organic Matter Content ASTM 2974 50 1 Shear Strength Z 8070 Pocket Penetrometer 12 8071 Torvane 12 8072 Direct Shear (3 points) Consolidated Undrained - 0.05 in. /min. or faster ASTM D 3080 235 s I 8073 Direct Shear (3 points) Consolidated Drained - 0.05 in. /min. or slower ASTM D 3080 265 ( 8074 Residual Shear (price perpass after shear) EM 1110 -2- 1906 -IXA 8075 Remolding or Hand Trimming of specimens (per point) 20 8076 Oriented or Block Hand Trimming (per hour) 55 /hour I.. 8077 Daily equipment usage rate (after 2 days) 35 1day 8076 Direct Shear— Slow (3 points) Consolidated Undrained 8079 Single Point Shear ! 8080 Torsional Shear i Compaction & Bearing Capacity 8090 R -Value — Untreated ASTM D 2844 195 8091 R -Value — time- treated ASTM D 2844 225 8094 Standard Proctor Compaction - 4 points ASTM D 698 ' 8092 4 inch mold Methods A &B 140 8093 6 inch mold Method C 165 1 Compaction & Bearing Capacity (continued) Method Price $ ea. Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be 17781 Cowan ■ Irvine. CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Pdces valid for 6 months. 949253.5922 ■ Fax 949.263.8843 �= _ • • Leighton Consulting, Inc. LEI4XTUK GROUP GOYP/.NY j Modified Proctor Compaction (Max Density) - 4 points ASTM D 1557 i 8100 4 inch mold Methods A &B 150 8101 6 inch mold Method C 175 8102 Check Point 60 _ 8103 Relative Density (0.1 cubic foot mold). ASTM D 4253, D _ 190 4254 8104 California Bearing Ratio (CBR) - 3 point' ASTM D 1883 450 8105 -1 point' 150 Compaction (Max Density) should also be performed - not included in above prices Static Uniaxial & Triaxial Strength Tests 8120 Unconfined Compression (with stress/strain plot) ASTM D 2166 75 I 8121 UU Test- Unconsolidated /Undrained (per confining stress) ASTM D 2850 142 8122 Consolidated Undrained (CU,R) with Back Pressure Saturation & Pore ASTM D 4767 295 Water Pressure Measurement (per confining stress) 8127 Consolidated Drained (CD,S) with Volume Change Measurement EM 1110 -2- 1906(X) 8123 Sandy -silty sand soils (per confining stress) 315 8124 Sift- clayey and soil (per confining stress) 440 8125 Clay soils (per confining stress) 620 8126 Three Stage Triaxial Tests Above price + 75% Consolidation & Swell Tests 8140 Consolidation (11 loads up to 16 ksf & unload to .25 with Strain vs. ASTM D 2435 175 P curve and one Time curve) f 8141 Each additional Time Reading & Curve per Increment 35 { 8142 Each additional load /unload w/o Time Reading 25 8143 Expansion Index ASTM D 4829 105 8144 Expansion Index UBC 18 -2 145 ( i 8145 Swell /Collapse Test - Method A ASTM D 4546 -A 245 (Up to 10load /unloads w/o time curves) 8146 Single Load Swell/Collapse Test- Method B ASTM D 4546 -B 95 r (Seat, load, and inundate only) 8147 Swell /Collapse Test- Method C ASTM D 4546 -C 325 t 8148 Collapse Potential of Soils ASTM D 5333 210 Hydraulic Tests Permeability of Granular soils (Hydraulic Conductivity) ASTM D 2434 8160 - Undisturbed Tube Sample 165 8161 - Remolded Sample 200 ( 8162 Triaxial Permeability in Flexible -Wall Permeameter with Backpressure EPA 9100 1ASTM D 250 Saturation (at One Effective Stress) 5084 (Falling Head t Method C) 8163 - Each Additional Effective Stress 100 8164 - Hand Trimming of Soil Samples for Horizontal K 50 8165 - Daily charge for Long Term Tests (exceeds 7 days) 40 8166 Compatibility Tests in Flexible -Wall Permeameter- Baseline Permeability, Sample Prep, etc. 275 8167 Set -up for Leachate or Permeant Injection 90 r 8168 Daily Equipment Usage Rate (after /eachate injection) 40 8169 Remolding of Test Specimens 50 dl 8170 Air Permeability (Native State Modified for Soils - inc. Moisture & API RP40 85 Density) 8171 Air Permeability (Modified for Soils) ASTM D 4525 145 8172 Capillary- Moisture Relationships for Soil (includes duplicate) ASTM D 31521 D 335 2325 8173 Capillary-.. ° ° (without duplicate) ° 240 I 8200 Box of Sample Rings Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be 17781 Cowan ■ Irvine, CA 92614 T -03 -1105 11/07/03 charged at the standard rate. Prices valid for 6 months. 949.253.5922 ■ Fax 949.263.8843 F F 1 1 1 it f rf t c t i f l (c I jt. f 4 l I Leighton Consulting, Inc. BASIS OF CHARGES — Prevailing Wage 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: i 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 i after Thanksgiving, Christmas Day, and Labor Day, the first Saturday following the first Friday in the I months of June and December. SHIFT DIFFERENTIAL: Swing Shift: +10% for first 7% hours worked. Hrs. worked between 3:30pm -11 pm. Graveyard Shift: +15% for first 7 hours worked. Hrs. worked between 11 pm -ham. MINIMUM HOURLY _ I A. Special Inspector (Field Time Only) CHARGES — Inspectors & 1 1. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day ..................2 Hours 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) 1. 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 — Field/Concrete 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 workin da /or be ins before noon and extends into afternoon ..........8 Hours CYLINDER HOLDS: After the 28-day breaks meet PSI required strength, all HOLDS 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. MILEAGE CHARGES: Mileage for inspection, testing or sampling, over a 40 -mile radius from our nearest facility and less than 100 miles will be charged at $.50 per mile. (No mileage charge to and from our office). REPORT CHARGES: I Secretarial time will be charged at $40 per hour. A maximum of 6 copies will be issued for each report FILE SEARCH & Minimum $50 will be charged for Secretarial Time. REISSUE OF REPORT: I REPORTING: i 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: i Payment for services is due upon presentation. If not paid within 30 days of the invoice date, they will be considered past due and a carrying charge of 1 -1/2% per month (or the maximum rate allowed by law) will be added to the unpaid balance, until paid in full. Any Attorney's fees or other costs incurred in collecting any delinquent accounts will be added to the amounts due and shall be paid by the party invoiced. COMPLETION: I Inspector Will remain on job until discharged by competent authority. CANCELLATION: No Charge if made before 4:00 p.m. of the preceding day. See Minimum Charge. PARKING: _— When not furnished for Inspector, parking will be charged as paid by the Inspector. SUBSISTENCE: I On remote jobs, Subsistence, when not furnished for Inspector, will be charged by Quotation. INSURANCE: We carry all insurance required by law. The additional cost of any special insurance required by the client, including increased policy limits, adding additional insured parties, and waivers of subrogation i will be billed at cost plus 20 percent. LICENSES & PERMITS: ; The additional cost of any special licenses or permits for a project will be billed at cost plus 20 percent_ ODMIAir rNr WAf P- n........ ,.Jn..........:G............. .......:..........4.. A 'k —4-- 6_. California Prevailing Wage increase, our hourly rates will increase accordingly. Prepared for City of Newport Beach Prices in bold reflect special rates. All other items will be 17781 Cowan ■ Irvine, CA 92614 T-03-1105 11/07/03 charged at the standard rate. Prices valid for 6 months. 949.253.5922 ■ Fax 949.263.8843 r i Leighton Consulting, loo - A L@IQHION G,ROJP COMPANY ! 2003 PROFESSIONAL FEE SCHEDULE* $ 55 FOR PREVAILING WAGE PROJECTS .............................65 GEOTECHNICAL AND ENVIRONMENTAL SERVICES I .............................70 TECHNICAL STAFF lLaborer ................................................................................................................................................... ..............................$ 70 FieldTechnician .......................................................................................................................................... .............................92 ............................... $75 per day EquipmentOperator .................................................................................................................................... .............................92 ............................... $100 per day Field Supervisor/ Superintendent ................................................................................................................. .............................95 $100 per day i( Staff Engineer /Geologist/ Scientist ............................................................................................................... .............................95 ............................... $100 per day Operations/Construction Manager .............................................................................. ............................... ............................100 ............................... Upon Request Senior Staff Engineer /Geologist/ Scientist .................................................................... ............................... ............................105 { Project Engineer /Geologist/ Scientist ........................................................................... ............................... ............................120 I Senior Project Engineer /Geologist(Scientist ............................................................... ............................... ............................135 Associate Engineer / Geologist /Scientist/Hydrogeologist/Program Manager ................ ............................... ............................150 f Principal Engineer/ Geologist / Scientist ........................................................................ ............................... ............................160 jSenior Principal ........................................................................................................... ............................... ............................185 TECHNICAL SUPPORT STAFF OfficeAssistant, .................................................................................................................................................................... $ 55 Word Processor /Project Administrator/ Coordinator .................................................................................... .............................65 { CAD Operator/ GIS Operator ...................................................................................................................... .............................70 ENGINEERING EQUIPMENT VehicleUsage ............................................................................................................................. ..............................$ 7 per hour ServiceVehicle Usage ............................................................................................................... ............................... $75 per day Tiltmeter, Inclinometer Units ..................................................................................................... ............................... $100 per day NuclearSoil Gauge .............. . .... . .......... . ............... . .............. ...... ... .... ....... . ............................................................... $100 per day GPSStation .............................................................................................................................. ............................... $100 per day OtherEquipment .................................................................................................................... ............................... Upon Request OTHER TERMS AND CONDITIONS Expert witness testimony will be charged at 2.0 times the above rates, with a minimum charge of four hours per day. Overtime for Soil Field Technicians will be charged at 1.5 the basic rate. Invoices are rendered monthty, payable upon receipt. Proposals are valid for 30 days, unless otherwise stated. Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 15 %, unless billed directly to, and paid by client. Thirty percent of the fee for field studies will be invoiced immediately upon authorization to cover equipment and mobilization costs. Client agrees to provide all information in Clienfs possession about the actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse Leighton for all costs related to their unanticipated discovery. Rates predicated on standard insurance coverage. Technician rate is subject to revision as required by prevailing wage law. For "paid when paid" contracted work, Leighton Consulting, Inc. shall receive payment within 10 calendar days from when our client receives payment for our services. * Effective January 1, 2003 through June 30, 2004, after which remaining work will be billed at then - current rates.) 17781 Cowan e Irvine, CA 92614 -66009 949.253.9836 e Fax949.250.1114 a www.leightonconsulting.com Feb 04 04 01:38p Brow & Brown 714- 923 -1872 Fax #: 9Q�- 312 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach P. This checklist is comprised of requirements as outlined by the City of Newport Beach. ( - Date Received: _ O Dept./Contact Received From: Slit /� u .�a� &)y (a,— Date Completed: - -Q Sent to: S l t C By: ,ay�l� (,Jal (�/ Company /Person required to have certificate: LGl � hhY1 GIV, S ce 1(T7/la I. GENERAL LIABILITY X INSURANCE COMPANY: Lex) n B. AM BEST RATING (A: VII or greater): 19 -r r X y AM BEST RATING (A: VII or greater): )( C. ADMITTED Company (Must be California Admitted): C. ADMITTED COMPANY (Must be California Admitted), Is Company admitted in California? XYes ❑( No D. LIMITS (Must be $1M or greater): What is limit provided? p2 tv�, t E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? l"Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its 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): ❑ No F. Is it included? (XYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not 0 Yes ❑ No limited solely by their negligence) Does endorsement include "solely by NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of negligence" wording? ❑ Yes No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of IR. WORKERS' COMPENSATION cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: G rim B. AM BEST RATING (A: VII or greater): )( C. ADMITTED COMPANY (Must be California Admitted), Is Company admitted in California? ia? ,�,t ly Yes No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? 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? V110- 0 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. IR. WORKERS' COMPENSATION A. ``_ LL INSURANCE COMPANY: Sf7- -k 5 a )iM �S _ r }"Lt PI B. AM BEST RATING (A: VII or greater): to C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it inc €uded ?XCYes El No HAVE ALL ABOVE REQUIREMENTS BEEN MET? LV Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? 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