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Home My WebLink AboutC-3854 - PSA for On-Call Materials Testing and Geotechnical TestingAMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN GEOTECHNICAL, FORMERLY ARROYO GEOTECHNICAL FOR ON CALL MATERIALS & GEOTECHNICAL TESTING SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this jatffh day of 3�U,+c, , 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and WILLDAN GEOTECHNICAL, (formerly Arroyo Geotechnical), a California corporation whose address is 1515 S. Sunkist Street, Suite E, anaheim, California, 92806 ( "Consultant "), and is made with reference to the following: RECITALS A. On June 27, 2006, CITY and CONSULTANT (formerly doing business as Arroyo Geotechnical) entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for On Call Materials and Geotechnical Testing services for the City of Newport Beach, hereinafter referred to as "Project ". This Agreement is scheduled to expire on June 30, 2008. B. City desires to enter into this Amendment No. 1 with Willdan Geotechnical and to extend the term of the Agreement to September 30, 2010. 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: Consultant shall be compensated for various services performed pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated May 2, 2008, attached hereto as Exhibit A. 2. Compensation to the Consultant for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2008, to September 30, 2010, 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 September 30, 2010. 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: a,,_ City Attorney for the City of Newport Beach ATTEST: B. '_ Pr M, "t412 LaVonne Harkless, City Clerk CITY OF NEWP ,_R BEACH, A M,un �C*pa ,C. p�rafi n By. Mayor for the City of Newport Beach Willdan Geotechnical: B ( (Corporate Officer) Title: Print Name.�s5 By -.,::L ---:::i7l?� . (Financial Officer) Title: �'�zc/�/��z y Z6' o.'vT/lnri �lZ Print Name: /�� .� Z - Attachments: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates 2 F:\Users\PBW\Shared\Agreements\FY 08 -09\0n -Call Services\WilIda n -formerly -Arroyo -On -Call Amendment-1.doc Exhibit A May 02, 2008 NVW I L L DA N I extending your Geotechnical I reach Mr. Mike Sinacori, P.E. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 SUBJECT: Request for Contract Extension, On -Call Materials & Geoteclinical Testing Services, City of Newport Beach, Public Works Department Mr. Sinacori: Willdan Geotechnical, formerly doing business as Arroyo Geotechnical is pleased to submit this Request for Contract Extension for On -Call Materials & Geotechnical Testing Services. We Have provided you with an updated Statement of qualifications with current information concerning WILLDAN GEOTECHNICAL qualifications, staffing, and resumes. Our ability to provide short notice services has not changed. We will continue to meet all your needs. Willdan Geotechnical has a well-established local office, conveniently located in Orange County, California, with the following contact and office information: WILLDAN GEOTECHNICAL 1515 South Sunkist Street, Suite E Anaheim, California 92806 Phone: (714) 634-3318, Fax: (714) 634-3372 Contact: Ross Khiabani, President & C.E.O. E-mail: rklliabani4willdan.com; Web Address: www.willdan.com On behalf of the principals and staff of Arroyo, thank you for the opportunity to submit our qualifications on these projects. During the evaluation process, please contact me or Joe Ritchey at (714) 634-3318 or jritchey@willdan.com. We look forward to further discussing our qualifications and ideas for project implementation. Respectfully submitted, WILLDAN GEOTECHNICAL Ross IChiabani President/C.E.O. Attaclunents: Statement of Qualifications Exhibit B, Fee Schedule Distribution: Addressee Engineering I Geotechnical I Environmental I Financial I Homeland Security 714.634.3318 1 lax: 714.634.3372 1 1515 S. Sunkist Street, Suite E, Anaheim, GA 92806 1 www.wilidan.com 0 0 Exhibit B WILLDAN GEOTECHNICAL Fee Schedule - Personnel January 1, 2008 Special For City of Newport Beach TECHNICAL STAFF Principal/Chief EngineerlGeologist ....... .........................160.00 Senior Geotachnlcal Engineer /Geologist .......................130.00 Project Engineer /Geologist ................... .........................110.00 Senior Staff Engineer /Geologist ............ ..........................90.00 Staff Engineer/ Geologist ........................ ..........................80.00 Sr. Soil Technician (Non - prevailing Wages) ....................65.00 Sr. Soil Technician (Prevailing Wages) . ..........................75.00 Soil Technician (Non - prevailing Wages) ........................ 60.00 Soil Technician (Prevailing Wages) ....... ..........................75.00 ADMINISTRA71VE Computer Data Entry ............................. ..........................50.00 Clerical................... ............................... .......................... 50.00 Word Processing .... ............................... ..........................50.00 ComputerTime ....... ............................... ..........................15.00 CAD Operator ......... ............................... ..........................75.00 EXPERT WITNESS Principal Engineer /Geologist ................ .........................320.00 Staff assignments depend on availability of personnel, site location, and the level of experience required to satisfy the technical requirements of the project and meet the prevailing standard of professional care. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus Moen percent (15 %). A subconsultant management fee of fifteen percent (15 %) will be added to the direct cost of all subconsultant services to provide for the cast of administration, consultation, and coordination. MileagelField Vehicle usage will be charged at the rate of $.50/mils or $5 per hour, subject to negotiation. T Exhibit B 0 WILLDAN GEOTECHNICAL Fee Schedule - Laboratory January 1, 2006 Special For City of Newport Beach Identilllcation and Index Properties In -Situ Moisture and Density (ASTM D2937) ................18.00 Grain Size Analysis (ASTM 0422) Mold) ......................... .........................150.00 Sieve Only (3" to #20D) ....................... ..........................65.00 Method A Sieve and Hydrometer ........................ .........................100.00 Mold) ......................... .........................175.00 Percent Passing #200 Sieve (ASTM D1140) .............. 45.00 AKerberg Limits (ASTM D4318) California MultiPoint .................................... ............................... 80.00 OnePoint ........... ............................... .......................... 65.00 Specific Gravity (ASTM D854) ..... ............................... 50.00 Sand Equivalent (ASTM D2419) .. ............................... 65.00 Compaction and Bearing Strength Modified Proctor Compaction (ASTM D1557) Method A or B (4" Mold) ......................... .........................150.00 40.00 Method A or B (6" Mold) ......................... .........................175.00 Compaction, California 216 .................... .........................150.00 60.00 California Bearing Ratio CBR (ASTM D1883) 40.00 3 points .................... ............................... .........................450.00 R -Value ................... ............................... .........................220.00 Shear Strength Torvane/Pockel Penetrometer .......... ............................... 15.00 Direct Shear - per point Consolidated - Drainad (ASTM D3080 ) ............................. 70.00 Residual.................. ............................... .........................100.00 Unconfined Compression (ASTM D2166) .......................100.00 Unconsolidated - Undrained (UU) ............ .........................125.00 Consolidedon/Collapse and Swell Tests Consolidation (ASTM D2435) 8 load Increments w /one time -rate .... .........................140.00 Additional load increment ............ ............................... 20.00 Additional Time rate per load increment ..................... 40.00 Single point (collapse test) .......... ............................... 40.00 Single Load Swell (ASTM D4546) Ring sample, field moisture ......... ............................... 60.00 Ring sample, air dried ....................... .......................... 60.00 Remolded sample per specimen . ............................... 40.00 Expansion Index (ASTM D4829 /UBC 29 -2) ...............100.00 Laboratory Permeability Constant Head (ASTM D2434) .......... .........................225.00 Falling Head Flexible Wall (ASTM D5084) .................275.00 Tdaxial Permeability (EPA 9100) ....... .........................325.00 Chemical Tests Corrosivity (pH, resistivity, sulfates, chlorides) ........... 150.00 Organic content (ASTM D2974) .. ............................... 60.00 Unit rates presented are for routinely performed geotechnical and construction material laboratory tests. Other tests can be performed in our laboratory, Including rock core, soil cement, and soil lime tests. Additional tests will be quoted on request. T Unit rates presented herein assume samples are uncontaminated and do not contain heavy metals, acids, carcinogens, or volatile organic compounds that can be measured by an OVA or PI with concentrations greater than 50 ppm. Arroyo will not accept contaminated samples. Uncontaminated samples will be disposed of 30 days after presentation of test results. 0 0 DK -T i F, Materials Testing / Inspection SCHEDULE OF FEES — Prevailing Wage City of Newport Beach Professional Services Price S / hour Principal Engineer 160 Registered Civil Engineer Ito Staff Engineer 80 Project Management 100 Scheduling/Supervision 100 Secretarial Time 40 Reports — Test Results 10 ea Review of Files for Final Letter of Affidavit (min. 2 hours) 100 Submittal Review for Compliance with Project Plans and Specifications 100 Inspection Services Price $1 hour DSA Project Inspector (IOR) — Class 1 100 DSA Project Inspector (IOR) — Class II 90 DSA Project Inspector (IOR) — Class 111 85 DSA Project Inspector (IOR) — Class 1V 75 Relocatable Building In -Plant Inspections, Title 24 75 Assistant Project Inspector (IOR) 75 Special Inspection Concrete 65 Special Inspection Past- Tension Concrete 65 Special Inspection Shotcrete / DSA 65 Special Inspection Masonry / DSA 65 Special Inspection Epoxy Injection & Anchors 65 Special inspection Fireproofing 65 Special Inspection Structural Steel/Welding & Bolting (Local) 65 Special Inspection Structural Steel/Welding & Bolting ( Outside Local Area) Quote Special Inspection Welding A WS/CWI (Field, Local) 65 Special Inspection Welding AWS /CWI (Field, Outside Local Area) Quote Fabrication Inspection AWS/CWI (Local) 65 Fabrication Inspection (Outside Local Area) Quote Building Inspection 65 Special Inspection Asphalt 75 Batch Plant Inspection Concrete 65 Batch Plant Inspection Asphalt 75 Technician Services Price S / hour Technician- Materials (Field) 65 Pachometer - Technician 65 Moisture Testing - Technician 65 Technician Laboratory 60 Coring and Sizing (In ]rouse) 60 Coring Concrete, Masonry or Asphalt in Field Quote Sawing Concrete, Masonry or Asphalt in Field Quote Pull -out Test on Embedded Bolts, Anchors, Dowels, and Splay Wires 65 Pick -up and Delivery - Standard 45 Technician Travel Time (>40mi. radius of Anaheim lab) 45 Non - Destructive Testing (NDT) Price S / hour Ultrasonic Inspection 70 Dye Penetrant Inspection 65 Magnetic Particle Inspection 65 Radiographic Testing Quote Travel Charge Quoielhour or mile Truck Charge Quotelday Film Quote /film Sean Quote 0 EXHIBIT B Concrete Strength Characteristics Method Price S ea. Concrete Cylinders (6 "x 12 ") - Compression ASTM C -39 18 Lightweight Fill Concrete (3 "x6 ") Insulated ASTM C -495 20 Compression, Concrete or Masonry Cores (Testing Only) Max. Diameter G' ASTM C -42 30 Gunite /Shoicrete Cores (Lab Coring & Testing Only) ASTM C -42 45 Mix Design, Review of Existing 125 Cylinder Molds, 6 "x 12 ", 2 "x 4" (Not Used With Testing) 3 Unit Weight of Hardened Light weight Concrete ASTM C -567 35 Rapid Cure Concrete Cylinders (Boil Method) ASTM C -684 35 Petrographic Analysis of Hardened Concrete ASTM C-856 Quote Cement Content Analysis of Hardened Concrete ASTM C 1084 Quote Masonry Method Price S ea. Mortar Cylinders (2"x4 ") ASTM C -780 18 Mortar Cubes (2 "x 2 ") ASTM C -109 18 Grout Prisms (3 "x6 ") ASTM C -1019 18 CMU Compression (3 required) to size 8 "x 8 "x 16" ASTM C -140 50 CMU Compression (3 required) greater than 8 "x 8 "x 16" ASTM C -140 55 CMU Moisture Content, Absorption & Unit Weight (6 required) ASTM C -140 85 CMU Linear Drying Shrinkage (3 required) ASTM C426 85 CMU Grouted Prisms (Compression Test to 8 "x 8 "x 16'? ASTM E447 135 CMU Grouted Prisms (Compression Test larger than 8 "x 8" x I6') ASTM E -447 160 Masonry Core -Shear Title 24 (Test Only) 55 Steel Reinforcement Method Price S ea Tensile Test, Up to No. 9 ASTM A -370 35 Tensile Test, No. 9 and over ASTM A -370 45 Bend Test, Up to No. 8 ASTM Ad70 35 Bend Test, No. 9 and over ASTM A -370 45 Processing Mill Certificates (per size and heat) 15 Weld Procedure and Welder Qualifications Price $ Welder Certification/Weld Procedure Review (AWS/CWI) 65/hr. Weld Tensile Test 50 ea. Weld Bend Test 50 ea. Weld -Macro Etch 50 ea. Bolt Tensile Test 50 ea. Machining and Preparation of Samples 50 ea. Prestress Method Price lea. Prestress Wire (each cable) ASTM A -416 150 Sample Preparation 45 Prestress Cable, 7 Wire (Breaking Strength /Modulus of Elasticity) ASTM A416 150 Fireproofing Method Price $ Unit Weight (Density) UBC Std. 7-6 35ea. Cohesion /Adhesion UBC Std. 7-6 65/hr. Special Inspection Fireproofing 65/hr. Moisture Test Method Price S Moisture Tests ASTM E -1907 50 ea. Moisture Retest ASTM E -1907 35 ea. Moisture Testing - Technician 65/br. 0 0 EXHIBIT B BASIS OF CHARGES - PREVAILING IMAGE REGULAR WORK HOURS First 8 hours of Day Shift Monday through Friday, except holidays. TIME AND ONE HALF Aller 8 hours and up to I I hours Monday through Saturday. DOUBLE TIME After I I hours Monday through Saturday and Sundays. TRIPLE TIME Holidays: New Years, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving and the day after Thanksgiving, and Christmas Day, the first Saturday following the first Friday in the months of June and December, and after I I hours on Sundays. SHIFT DIFFERENTIAL Swing Shift: +10% for first 8 hours worked. Graveyard Shift: +15 °% for first 8 hours worked. MINIMUM HOURLY CHARGES I. Special Inspector/ Field Technician (Field Time Only) A. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day............ 2 Hours B. One-half working day or less ................................................... ............ A Hours C. Over one-half working day /or begins before noon and extends into aftemoon ... ... 8 Hours 2. Project Inspector (]OR) A. Cancellation of Inspections not canceled by 4:00 p.m. on preceding day ................4 Hours B. One-half working day or less .................................. ..............................4 Hours C. Over one-half working day /or begins before noon and extends into afternoon...... 8 Hours CANCELLATIONS No Charge if made before 4:00 p.m. of the preceding day. See Minimum Charge. CYLINDER HOLDS All HOLDS will be disposed of after the 28- day break meets the required PSI, unless specified in writing by the client prior to the 28-daybreak. Long term or large amounts of HOLD cylinders maybe subject to storage fees. OUTSIDE SERVICES Outside services requested by client 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. MH.AGE CHARGES Mileage for inspection / technician between 40 miles and 100 miles from Arroyo's nearest office will be charged at $.50 per mile. Any mileage over 100 is per quote basis. REPORT CHAGRES AND SECRETARY TIME See fee schedule. A maximum of 5 copies will be issued for each report. Reissuing of reports is per quote basis. REPORTING All reports will be considered confidential information and be distributed to the client and those designated by Section 1701 UBC / Title 24, Pan 1, CAC; unless authorized in writing be by client. of delinquency; PARKING Mien not famished for the Inspector, parking charges will be reimbursed by the client. SUBSISTENCE When applicable, subsistence will be charged to the client / project by quotation. 1W9CRe[IPLr`� Gcotcch ' nt, 20 percent. menses et F eftM77T, ost. 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. • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Ij;F'i j Z 1,� :;i %-.r; Agenda Item No. 11 June 24, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori 949 - 644 -3342 or msinacori @city.newport- beach.ca.us SUBJECT: Approval of Amendments to On -Call Professional Services Agreements for Pavement Evaluation, Geotechnical and Materials Testing Recommendations: 1. Approve Amendment No. 1 with LaBelle Marvin, Inc., for on -call pavement evaluation services and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve Amendment No. 1 with Willdan Geotechnical (formerly Arroyo Geotechnical) for on -call geotechnical and materials testing and authorize the Mayor and City Clerk to execute the Amendment. Discussion: On -Call Professional Services Agreements (PSA's) were developed to avoid a large volume of small but time - consuming agreements between the City and consultants to accomplish on -going project tasks for implementation of the Capital Improvement Program (CIP). On June 26, 2006, the City Council approved On -Call Professional Services Agreements with LaBelle Marvin (pavement evaluation consultant) and Arroyo Geotechnical (soils and materials testing) to provide services regularly required for CIP projects. Over the last two years, these on -call PSA's have proven to be very effective and an efficient way to conduct business. LaBelle Marvin have provided exceptional service and completed many projects for the City to supplement in -house street rehabilitation projects, such as Superior Avenue and Jamboree Road. Pavement evaluations are required to obtain grant funding from the State and Federal agencies. Willdan Geotechnical (formerly Arroyo Geotechnical) has also provided quality service for soils and material testing for many utility projects, such as the recently completed Irvine Avenue and Dover Drive 24 -inch Water Transmission main and the ongoing 'la) Approval SCall Professional Services Amendments for Pave, Solis and Materials Testing Services June 24, 2008 Page 2 Industrial Way 36 -inch Water Transmission Main. Arroyo will perform street compaction testing, specialty pipe welding, and mortar inspections. The proposed Fiscal Year 2008109 CIP budget is estimated at about $68 million and includes over 92 projects. Many of these projects will require pavement evaluation, soils and material testing. The anticipated need for these services will require the extension of these contracts which are set to expire on June 30, 2008. Rates provided by the consultants, and included in the agreements, are competitive and in -line with industry standards. In accordance with Council Policy F -14, staff requested statements of qualifications from local firms. Based on the qualifications received, staff is recommending a continuation of these two contracts for the next two years, as both clearly understand the needs to implement the City's Capital Improvement Program. Environmental Review: Environmental clearances will be completed for each Capital Improvement Project. Funding Availability: Funds for these services are available in each of the specific project accounts within the City Council approved Capital Improvement Program. Prepared J. Sinadori, P.E. t City Engineer Submitted ;n G. Badum Works Director Attachment: Amendment No. 1 with LaBelle Marvip( Amendment No. 1 with Willdan Geotechnical and AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH LaBELLE- MARVIN, INC., FOR ON CALL PAVEMENT MANAGEMENT, MATERIALS TESTING, DESIGN AND INSPECTION SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and LA BELLE- MARVIN, Inc., a California corporation whose address is 2700 S. Grand Avenue, Santa Ana, California, 92705 -5404 ( "Consultant "), and is made with reference to the following: RECITALS A. On June 27, 2006, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for On Call pavement management and materials testing services for the City of Newport Beach, hereinafter referred to as "Project ". This Agreement is scheduled to expire on June 30, 2008. B. City desires to enter into this Amendment No. 1 to to extend the tens of the Agreement to September 30, 2010. 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 be compensated for various services performed pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated April 30, 2008, attached hereto as Exhibit A. 2. Compensation to the Consultant for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2008, to September 30, 2010, 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 September 30, 2010, 4. The agreement will now be administered by David Webb for the Public Works Department as Bill Patapoff has retired. r 1 u r-� 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach LaBelle- Marvin, Inc.: (Corporate Officer) Title: Print Name: (Financial Officer) Print Name: Attachments: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates F:UJsm\PBMSharedlAgreements\FY 0Mglon -Call ServiceslLaBelle- Marvin -On -Call Amendmenl -7.do Ya • ANALYSIS LaBelle A .•" 11 • TECHNOLOGY • DESIGN • • 00— PROFESSIONAL PAVEMENT ENGINEERING A CALIFORNIA CORPORATION April 30, 2008 Exhibit A Michael J. Sinacori, P.E. Assistant City Engineer City of Newport Beach 3300 Newport Boulevard P.O. 1768 Newport Beach, CA 92658 Subject: Request to Extend On -Call Services Contract Re: On -Call Pavement Management, Materials Testing and Inspection Services Request for Contract Extension LaBelle Marvin Inc., is pleased to extend our On -Call Pavement Engineering Services Contract with the City of Newport Beach. LMI has enjoyed working closely with the City of Newport Beach for the past 30 years and will continue to provide professional pavement engineering services related to Pavement Management, Design, Analysis, Inspection g requested by the City. LaBelle Marvin, Inc. has not mo ed "a:AlaAdvance ' otice 72 ement with the City of Newport Beach and shall be available to _ It S ; t on s ' .notice; , There are no New LaBelle . Beach and will continue to �ide.o)ii e Staffing List: - w Engineering: Steven R. Laboratory and Field M gGr: Tho Laboratory and Field Teo ns:. ett Gordon Walck, Steve Lins Administration: Mary Migh e Thank you for the opportunity t ntirau have any questions or need additio Sincerely, 04111Z / If Griffin R Marvin Assistant Project Manager Attachments: Resumes, Current Fee Schedule R. with the City of Newport request. Don Linstrom contact me if you 2700 S. GRAND AVENUE . SANTA ANA, CA 92705 -5404 . (714) 546 -3468. FAX (714) 546 -5841 INFO @LABELLEMARVIN.COM 0 Exhibit B Schedule of Fees Effective: March 75, 2008 PROFESSIONAL SERVICES Principal Engineer Project Engineer $220.00 /hr $160.00 /hr Engineer Aide $135.00 /hr Laboratory & Field Technician $80.00 /hr prevailing wage $110.00 /hr with Nuclear Gauge $100.00 /hr prevailing wage $130.00 /hr (A mileage charge of $0.60 shall apply for all travel to and from jobsites and/or meetings) EXPERT WITNESS Preparation for Court Appearances and/or Deposition $325.00 /hr Deposition and/or Court Appearance $450.00 /hr OFFICE SERVICES Computer Compilation of FWD Data $95.00 /hr Report Preparation / Typing $65.00 /hr Drafting $135.00 /hr LaBelle- Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714 -546 -3468 (P) 714 -546 -58.41 (F) 9 -2- BASIS OF CHARGES MINIMUM HOURLY CHARGES 0 Show -up time and no inspection performed or failure to cancel before 3:30 p.m. on the previous working day, two hours; one to four hours, four hour minimum; four to eight hours, eight hour minimum. Hourly charges will be on a portal to portal basis. REGULAR TIME First eight hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. OVERTIME Over eight hours worked in one day (Monday through Friday), work before 7:00 a.m. and after 5:00 p.m., Saturdays and Sundays, time and a half will be charged. Double time and a half will be charged for work performed on holidays. Special schedule nighttime field work between the hours of 6:00 p.m. and 6:00 a.m. will be subject to a 25% premium of the Regular Time hourly rate. SUBSISTENCE Where location of work demands, a subsistence will be charged on a pre - arranged rate prior to commencement of inspection and/or testing service. OUTSIDE SERVICES AND REIMBURSABLE EXPENSES Outside services and reimbursable expenses such as rental of special equipment, fabrication of special test apparatus, long distance phone calls, plane fares and car rental will be charged at cost plus fifteen percent. REPORT A maximum of three copies of the report will be issued to the client for distribution. Copies of report in excess of three will be provided and charged at our normal hourly Report Preparation rate. LaBelle- Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714- 546 -3468 (P) 714 -546 -58.41 (F) 0 -3- SPECIAL SERVICES DEFLECTION TESTING Road Rater with Operator (full -day) Road Rater with Operator (half -day) Mobilization and Travel Road Rater with Operator Engineered Pavement Evaluation SKID TESTING (ASTM E 670 -94) CORING (half -day minimum) Traffic Control (technician and additional truck) Special Traffic Control I Lane Closure PLUS: Asphalt Concrete - Per Cored Inch Portland Cement Concrete - Per Cored Inch Core Trimming - Per Cut SURVEYING -Two Man Crew PROFILOGRAPH TESTING Profilograph with Operator - Portal to Portal Data Analysis LaBelle- Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714 - 546 -3468 (P) 714- 546- 58.41(F) $3,000.00 $2,000.00 $180.00 Ihr By Quote By Quote $140.00 /hr $115.00 /hr By Quote $8.00 $10.00 $25.00 $295.00 Ihr $175.00 /hr $80.00 /hr 0 -4- CONSTRUCTION MATERIALS GENERAL This price has been condensed for your convenience. The cost of additional tests will be furnished upon request. A preparation charge will be added to all samples submitted to our laboratory that are not ready for testing. This preparation charge will be based on the actual time required at the Laboratory Technician's rate per hour. AGGREGATES. SO/LS AND AGGREGATE BASE Sieve Analysis, Coarse ASTM C136 or CA 202 -C $85.00 Sieve Analysis, Fine (including wash) ASTM C136 or CA 202 -C $100.00 Specific Gravity, Bulk SSD, Coarse ASTM C127 or CA 206 $80.00 Specific Gravity, Fine ASTM C128 or CA 207 $130.00 Specific Gravity, Apparent Fine CA 208 $130.00 Absorption: Coarse, ASTM C127 or CA 206 $90.00 Fine, ASTM C128 or CA 207 $130.00 Sand Equivalent (average of three) ASTM D2419 or CA 217 $110.00 Durability Factor, Coarse or Fine ASTM D3744 or CA229 $135.00 Cleanness Value CA227 $135.00 Los Angeles Rattler, ASTM C131 or CA 211 $300.00 Unit Weight, ASTM C29 or CA 212 $100.00 Hydrometer Analysis, ASTM D422 or CA 203 $220.00 LaBelle- Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714 -546- 3468(P) 714 -546 -58.41 (F) E -5- Plasticity Index, ASTM D 424 or CA 204 Maximum Density and Optimum Moisture ASTM D1557 or CA 216 R- Value, ASTM D2844 or CA 301 Lime Treated California Bearing Ratio (CBR) ASTM D 1883* (One Point $185.00) Lime Treated* *Maximum Density /Optimum Moisture not included pH - Per Determination ASTM C 977 pH — Eades & Grimm Unconfined Compression (sample preparation not included) Crushed Particle, CA 205 Flat & Elongated Particle, ASTM D4791 Moisture Content CA 226 or ASTMD 2216 Subgrade Density (drive tube) ASTMD 2937 STABILIZED SOILS AND AGGREGATE Emulsion, Cement or Lime Stabilization Investigation Investigation, Design, Specifications and Quality Control PORTLAND CEMENT CONCRETE Flexural Strength ASTM C293 or CA 523 LaBelle- Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714- 546 -3468 (P) 714 - 546- 58.41(F) $155.00 $190.00 $240.00 $300.00 $400.00 $480.00 $110.00 $210.00 $85.00 $135.00 $215.00 $40.00 $100.00 By Quote By Quote $105.00 i ASPHALT CONCRETE ffm i Asphalt Concrete Mix Design, Marshall Stability (one aggregate plus one asphalt) By Quote Hveem Stabilometer Method (one aggregate, plus one asphalt) By Quote Stability Tests - Pre -mixed or Cored: Hveem (S- Value) ASTM D1560 and D1561, or CA 304 and 366 $260.00 Moisture Vapor Susceptibility, CA 307 $275.00 Combined Hveem and Moisture Vapor Susceptibility $440.00 Swell, CA 305 $175.00 Combined Hveem and Swell $310.00 Combined Hveem, Moisture Vapor Susceptibility and Swell $525.00 Marshall Stability and Flow, ASTM D1559 $225.00 Combined Marshall and Retained Stability $390.00 Maximum Laboratory Density - Pre -mixed or Cored: Marshall or Hveem $200.00 Maximum Theoretical Unit Weight (Rice Gravity) ASTM D2041 $130.00 Tensile Strength Ratio (TSR) $750.00 with Freeze/Thaw $800.00 Retained Strength $445.00 Extraction, % Asphalt CA 310 $280.00 Binder Content - Ignition Oven, CA 382 $230.00 Extraction, % Asphalt (Reflux) ASTM D2172 $230.00 LaBelle - Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714- 546 -3468 (P) 714- 546 -58.41 (IF) 0 -7- Centrifuge Correction $90.00 % Rubber $90.00 Extraction, % Asphalt Recovery (Abson Method) ASTM D 2172 and ASTM D 1856 $325.00 CKE (Gradation and Speck Gravity not included) CA 303 or ASTM D 5148 $190.00 Gradation of Extracted Aggregate (including wash) CA 202 or ASTM C136$100.00 Density and Thickness on Core Samples ASTM D1188, ASTM D2726 and ASTM D3549 or CA 308 $60.00 Stripping (pre -mixed sample) ASTM D1664 or CA 302 $125.00 Permeability, VDOT $215.00 ASPHALT CEMENT R.T.F.C., ASTM D2872 or CA 346 $290.00 R.T.F.C., ASTM D2872 or CA 346 with Loss on Heating $350.00 Absolute Viscosity @ 14017° (60C °), Poise, ASTM D2171 $175.00 Kinematic Viscosity @ 275FO (135C°) or 140FO (60C°), cSt, ASTM D2170 $175.00 Penetration @ 77FO (25C °), 100g /5 sec., ASTM D5 $80.00 Penetration After Treatment with Rejuvenating Agent $110.00 Ductility @ 77F° (25C°), cm., ASTM D113 $270.00 Flash Point, COC or Pensky- Martens ASTM D92 or ASTM D93 $170.00 Softening Point, ASTM D36 $170.00 Solubility in Trichloroethylene, %, ASTM D2042 $185.00 LaBelle - Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714 - 546 -3468 (P) 714- 546 -58.41 (F) Spot Test, AASHTO T 102 Specific Gravity, ASTM D70 LIQUID ASPHALT Viscosity SSF @ 77FO (25C°), sec., ASTM D244 Viscosity SSF @ 122FO (50C°) Settlement Five or Seven Day, %, ASTM D244 Demulsibility, ASTM D244 Particle Charge, ASTM D244 or CA 343 pH Determination Sieve Test, %, ASTM D244 Stripping (pre -mixed sample) ASTM D1664 Cement Mixing Test, ASTM D244 Distillation and Percent Oil Determination ASTM D402 or ASTM D244 Residue by Evaporation Cook -Off or CA Method 330, CA 331 Wet Track Abrasion Test (WTAT) ASTM D 3910 (sample preparation not included) Storage Stability, One Day, ASTM D244 Float Test, ASTM D139 and ASTM D244 Cone Penetration, ASTM D243 and D5 Solids Content by Muffle Oven Bum -Off AASHTO T 267 Non Volatile Components r! LaBelle - Marvin, Inc. 2700 S. Grand Avenue Santa Ana, CA 92705 714- 546 -3468 (P) 714 -546 -58.41 (F) $150.00 $130.00 $160.00 $190.00 $440.00 $130.00 $160.00 $120.00 $115.00 $115.00 $170.00 $330.00 $155.00 $110.00 $440.00 $120.00 $120.00 $150.00 $90.00 ►W LaBelle Marvin W.YE6BlT Ym DESIGN, MTM. 6 RlSpEC110R SERVICES Proiect Engineer Steven R. Marvin, P.E. RCE 30659 RQE 5463 Mr. Marvin has more than thirty nine years of experience in the area of pavement engineering. His experience includes pavement management, engineering design, construction inspection, and material testing. Mr. Steven R. Marvin, currently President of LMI as of 1985, has received numerous honors for his work with asphalt concrete and teaches at local Colleges and Universities along with conducting seminars for pavement and material design. Mr. Marvin oversees final quality control for all data and inspections performed by LMI operations of the asphalt concrete laboratory, field sampling, pavement evaluations, and testing of roadway, aggregate and subgrade materials, soil stabilization design and evaluation, pavement design, rehabilitation design for existing pavement systems, and complete investigations of material and/or design caused pavement failures. Education: California State University — Long Beach BSCE Orange Coast College — AA Tau Beta Pi — Engineering Honor Society Chi Epsilon — Civil Engineering Honor Society Professional Registration: Civil Engineer — State of California (RCE 30659) Quality Engineer — State of California (RQE 5463) Associations: American Public Works Association American Society of Civil Engineers — National Technical Activities Commttee American Society of Civil Engineers — National Committee on Government Affairs American Society of Civil Engineers — Orange County Branch, Treasurer, Secretary, Vice President and President American Society of Civil Engineers — Los Angeles Section —Vice President and President Asphalt Pavement Association Asphalt Recycling and Reclaiming Association Association of Asphalt Paving Technologists Associated General Contractors California Society of Civil Engineers — Treasurer California State Council ASCE — Chairman Institute for the Advancement of Engineering hie. Maintenance Superintendents Association Orange County Engineers Club — Secretary/Treasurer and President Rotary International Honors: 1991 Engineer of Merit — American Society of Civil Engineers — Orange County Branch 2001 Engineer of the Year — American Society of Civil Engineers — Orange County Branch 2002 Engineer of Merit — Orange County Engineering Council Page t of 5 0 LM LaBelle Marvin P MSNTRlUU815. DES ,MTW,, A 1"ECT10N 1£NYtCE9 11 Teaching Engagements: Calif. State University — Los Angeles — Asphalt Laboratory Procedures, Asphalt Concrete Inspection Calif. State University — Long Beach — Pavement Design, Asphalt Concrete Design Santiago College — Asphalt Technology, Soils and Foundations, Introduction to Public Works University of Calif, Irvine — Professional Registration Review — Portland Cement Concrete Design. Project Manager Edward S. Perez Civil Engineer Mr. Edward S. Perez, Project Engineer and Project Manager, has focused his career on asphalt concrete pavement design, material properties and construction since 1984. Mr. Perez provides specific extensive experience relative to pavement management with numerous roadway evaluations. Mr. Perez works with a variety of public and private sector clients, exploring the specific and unique challenges of material issues, testing and inspection requirements /needs, and long -term pavement rehabilitation alternatives. He has also been instrumental in utilizing effective methods of subgrade preparation and soil stabilization often necessary during pavement retrofit projects such as pavement replacement and or resurfacing projects. Education: BSCE — California State University — Long Beach Associations: American Society of Civil Engineers — National American Society of Civil Engineers — Orange County Branch Experience: Mr. Perez began his engineering career in December of 1981 with the City of Costa Mesa, California, in the Engineering Design Department. His duties included drafting, surveying and assistance to the engineers in street and storm drain design. Since joining the firm of LaBelle - Marvin, Inc., in November of 1984, his duties have emphasized the investigation, design and inspection of asphalt concrete pavements and pavement systems throughout Northern and Southern California and portions of Nevada. Specific projects he has been responsible for (investigation, design and inspection) include the rehabilitation of roadways throughout Leisure World, Laguna Hills, playground and parking areas for several school districts, including the Downey Unified and Perris Elementary School Districts, various roadways throughout the City of Avalon, Santa Catalina Island, California, and numerous facilities for The Church of Jesus Christ of Latter Day Saints throughout California. His duties include the preparation of bid documents, plans, specifications, cost estimates and co- ordination with the selected contractors during the construction phase of the project. In addition to his pavement investigation, design and inspection activities, he is actively involved in the inspection, sampling and testing of asphalt concrete paving materials for routine conformance evaluation and failure investigation. He has completed courses in Asphalt Paving Page 2 of 5 0 0 W LaBelle Marvin RVEN TMIUVSIS, INSIGN, TESTING,& INSILCi SEN4IGE5 Mixtures, Design, Construction and Performance through the University of California, Berkeley, and is an approved inspector for paving projects within the City of Irvine, California. Assistant Proiect Manager Griffin R. Marvin Mr. Griffin R. Marvin, assistant project manager, provides spatial control of construction material, site documentation and test data correlation through use of GPS, ArcGIS, MicroPAVER, and AutoCAD. Griffin worked with LMI from 1994 to 1999 working with asphalt materials, material testing and investigation of existing pavement systems. Griffin returned to LMI in 2003 bringing new capabilities in global data management, and serves to increase testing accountability, and final project documentation. Griffin also provides expertise in Pavement Management, certified by the University of Illinois at Urbana - Champaign, Arizona in 2004, by continuously involved in review, of existing pavement systems, methods of condition assessment and review of construction quality. 2000 — BA Geography— University of California — Santa Barbara GIS— Geographic Information Systems and Remote Sensing (Satellite Imagery) Geological and Environmental sciences 2005 — AutoCad 2005 — GDMS — Lancaster, CA 2004 — MicroPaver 5.2— University of Illinois at Urbana - Champaign — Arizona 2002 — AutoCad 2002 — LACAD — Irvine, CA Background: Griffin Marvin has worked in civil engineering over 8 years. After working as a field and Lab technician for 6 years, he left Labelle Marvin, Inc. and attended school at the University of Santa Barbara where he then expanded his skills in the Geographical and Geological Sciences; studying Geographical Informational Systems (GIS) and Satellite hnagery (Remote Sensing). He then worked for 3 years as a GIS and survey /mapping technician at a large -scale engineering firm. He has now returned to Labelle Marvin, Inc. bringing with him his vast knowledge of data management skills, pavement management system education, and engineering capabilities. He is proficient in ESRI's ArcGIS, which is supported by his educational background and experience in both GIS and the Remote Sensing fields. In addition, he is highly skilled in Autodesk's AutoCad 2005 LD3 and MicroPaver 5.2, Experience: Pavement Engineering— Various Clients, California Responsible for preparing pavement evaluations and documentation, quantity take -offs, cost estimates, field surveying, city and county permits, and responsible for LMI's geographical information system (GIS), AutoCAD, and MicroPAVER services. Material Testing — Laboratory Lab experience included working with R- values, extractions, and MD curves. Field experience included: coring and borings, deflection testing, asphalt inspections, and asphalt and aggregate plant inspection. - Clients included: City of Anaheim, Fountain Valley, Long Beach, Hawthorne, Los Angeles, San Clemente, San Diego, Corona, The U.S. Navy (San Nicholas Island Runway); John Wayne Airport; and various home owner community associations. Geographic Information System — Ladera Ranch, California Page 3 of 0 W LaBelle Marvin Pl,4,IBlTAfNL =. DESIGN.I STM S ffl E pN SE • Responsible for the assisting in the management and updating of the GIS database for the exclusive planned community of Ladera Ranch, a Rancho Mission Viejo Development. History: 1994 -1999, 2003 -2006 LaBelle Marvin — Santa Ana, CA Pavement Management/GIS /AutoCad/survey/ Engineering support / IT 2000 —2003 Huitt- Zollars, Inc.- Irvine, CA GIS / Topographic Mapping Technician/ Survey / Engineering support Laboratory /Field Manager Thomas Williams Mr. Tom Williams, 'L- aboratory Manager, provides all scheduling and initial quality control of all testing and data interpretation generated during on -site testing, remote site testing such as at asphalt concrete production plants, and all testing performed at the Main LMI laboratory. Tom presently serves on the Asphalt Pavement Association Technical Committees in Orange, Los Angeles and San Diego Counties. Monthly review of material properties, production variability, material supply limitations, and industry/owner issues relating to asphalt concrete construction places Tom at the forefront of industry problem solving. Tom furthers development of asphalt concrete material qualities through involvement with the Standard Specifications for Public Works Construction "Greenbook" committee and interfacing with Caltrans "Round Robin" testing programs. Specialty testing equipment used by LMI for determination of asphalt permeability was developed by Mr. Williams for use on various dam resurfacing and landfill closure projects. Associations: Asphalt Pavement Association Technical Committees in Orange, Los Angeles and San Diego Counties. Experience: Public Works Construction "Greenbook" Committee Caltrans "Round Robin" Testing Program 1989 -2007 LaBelle Marvin — Santa Ana, CA Technicians Kevin P. Huffer History: 19 Years with LaBelle Marvin, Inc. Gordon K. Walck History, 16 Years with LaBelle Marvin, Inc. Jeffrey M. Galland Page 4 of 5 0 0 LAA LaBelle Marvin PIbEN AWq ..WW1 . TESEK 61NSPECigN SEWCES History: 17 Years with LaBelle Marvin, Inc. Brett 1. Marvin History: 9 Years with LaBelle Marvin, Inc. Don Linstrom History: 10 Years with LaBelle Marvin, Inc. Steve Linstrom History: 9 Years with LaBelle Marvin, Inc. Dave Baker History: 8 Years with LaBelle Marvin, Inc. Our staff of technicians have been with the Company for up to nineteen years each. They have been trained under the supervision of Registered Civil and Quality Engineer, Steven R. Marvin. Testing and inspection services --re performed in accordance with specified A.S.T.M., Caltrans, or S.S.P.W.C. procedures. Each member of the technical staff participates in the broad range of services provided by LaBelle- Marvin, Inc. Page 5 of 5 0 r AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN GEOTECHNICAL, FORMERLY ARROYO GEOTECHNICAL FOR ON CALL MATERIALS & GEOTECHNICAL TESTING SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and WILLDAN GEOTECHNICAL, (formerly Arroyo Geotechnical), a California corporation whose address is 1515 S. Sunkist Street, Suite E, anaheim, California, 92806 ( "Consultant'), and is made with reference to the following: F RECITALS A. On June 27, 2006, CITY and CONSULTANT (formerly doing business as Arroyo Geotechnical) entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for On Call Materials and Geotechnical Testing services for the City of Newport Beach, hereinafter referred to as 'Project'. This Agreement is scheduled to expire on June 30, 2008. B. City desires to enter into this Amendment No. 1 with Willdan Geotechnical and to extend the term of the Agreement to September 30, 2010. 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: Consultant shall be compensated for various services performed pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated May 2, 2008, attached hereto as Exhibit A. Compensation to the Consultant for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2008, to September 30, 2010, including all reimburseable items and subconsultant fees, shall be based on the attached Schedule of Billing Rates (Exhibit B). The term of the Agreement shall be extended to September 30, 2010. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: �_ � City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation In Mayor for the City of Newport Beach Wilidan Geotechnical: M (Corporate Officer) Print Na M (Financial Officer) Title: Print Name: Attachments: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates z F: \Users\PBW\Shared\Agreements \FY 08 -09\0n -C211 Services \Wilidan- formedy- Arroyo-On -Call Amendment -t.doc r 0 Exhjbit A May 02, 2008 Mr. Mike Sinacori, P.E. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 WILLDAN I extending Geotechnical react, SUBJECT: Request for Contract Extension, On -Call Materials & Geotechnical Testing Services, City of Newport Beach, Public Works Department Mr. Sinacori: Willdan Geotechnical, formerly doing business as Arroyo Geotechnical is pleased to submit this Request for Contract Extension for On -Call Materials & Geotedhnical Testing Services. We have provided you with an updated Statement of qualifications with current information concerning WILLDAN GEOTECHNICAL qualifications, staffing, and resumes. Our ability to provide short notice services has not changed. We will continue to meet all your needs. Willdan Geotechnical has a well- established local office, conveniently located in Orange County, California, with the following contact and office information: WILLDAN GEOTECHNICAL 1515 South Sunkist Street, Suite E Anaheim, California 92806 Phone: (714) 634 -3318, Fax: (714) 634 -3372 Contact: Ross Khiabani, President & C.E.O. E -mail: rkhiabanilaZwilldan com; Web Address: www.Mildan.com On behalf of the principals and staff of Arroyo, thank you for the opportunity to submit our qualifications on these projects. During the evaluation process, please contact me or Joe Ritchey at (714) 634 -3318 or jritchey@willdan.com. We look forward to further discussing our qualifications and ideas for project implementation. Respectfully submitted, WILLDAN GEOTECHNICAL Ross Khiabani President/C.E.O. Attachments: Statement of Qualifications Exhibit B, Fee Schedule Distribution: Addressee Engineering I Geotechnical I Environmental I Financial I Homeland Security 714.634.3318 1 tax 714.634.3372 1 1615 S. Sunkist Street, Suite E, Anaheim, GA 92806 1 www.willdan-com E Exhibit B • WILLDAN GEOTECHNICAL Fee Schedule - Personnel January 1, 2008 Special For City of Newport Beach TECHNICAL STAFF Senior Geotechnical Staff Engineer /Gec Sr. Soil Technician Sr. Sop Technician Soil Technician (Ni Soil Technician (Pr eologist ...... ..........................160.00 eer/Geologist .......................130.00 t................... .........................110.00 logist ............ ..........................90.00 ........ ............................... :....60.00 revalting Wages) ....................65.00 ling (!Wages) . ..........................75.00 tiling Wages) ........................ 60.00 Wages) ....... ..........................75.00 ADMINISTRATIVE Computer Data Entry ............................. ..........................50.00 Clerical................... ............................... ..........................50.00 Word Processing ..... ............................... .........................50..00 Computer' nme ....... ............................... ..........................15.00 CAD Operator ......... ............................... ..........................75.00 BERT'[ 7WES'S Principal EngineeNGeologist ................ .........................320.00 Staff assignments depend on availability of personnel, site location, and the level of experience required to satisfy the technical requirements of the project and meet the prevailing standard of professional care. Travel time to and from the job site will be charged at-the hourly rates for the appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be Invoiced at cost plus fifteen percent (15 %). A subconsultant management fee of fifteen percent (15 %) will be added to the direct cost of all suboonsultant service& to provide for the cost of administration, consultation, and. coordination. Mileaga/Fleld Vehicle usage will be charged at the rate of$.50/mile or $5 per hour, subject to negotiation. T 0 0 Exhibit S WILLDAN GEOTECHNICAL Fee Schedule - Laboratory January 1, 2006 Special For City of Newport Beach Identification and Index Properties In-Situ Moisture and Density (ASTM D2937) ................18.00 15.00 Grain Size Analysis (ASTM 0422) 20.00 Sieve Only (3" to # 200) .................. ............................... 66.00 Sieve and Hydrometer ........................ .........................100.00 40.00 Percent Passing #200 Sieve (ASTM D1140) .............. 45.00 Atterberg Limits (ASTM D4318) 60.00 MultiPoint .................................... ............................... 80.00 OnePoint ..................................... ............................... 65.00 Specific Gravity (ASTM D854) ..... ............................... 50.00 Sand Equivalent (ASTM D2419) .. ............................... 65.00 Compaction and Bearing Strength Modified Proctor Compaction (ASTM D1557) Method A or B (4" Mold) ......................... .........................160.00 Me" A or 8 ((° Mold) ......................... .........................175.00 Compaction, Callfomia 216 .................... .........................150.00 California Bearing Ratio CBR (ASTM D1683) 3 points .................... ............................... .........................450.00 R -Value ................... ............................... .........................220.00 Shear Strength TorvanefPocket Penetrometer .......... ............................... 15.00 Direct Shear - per point 20.00 Consolidated- Drained (ASTM D3080 ) ............................. 70.00 Residual.................. ............................... .........................100.00 40.00 Unconfined Compression (ASTM D2166) .......................100.00 Uncoosolidated- Undrained (UU) ............ .........................125.00 60.00 Consolidadon/Collapse and Swell Tests Consolidation (ASTM D2435) 8load increments w /one time -rate .... .........................140.00 Additional bad Increment ............ ............................... 20.00 Additional Time rate per load increment ..................... 40.00 Single point (collapse test) ......... ............................. :q 40.00 Single Load Swell (ASTM D4546) Ring sample, field moi sture ......... ............................... 60.00 Ring sample, air dried .................. ............................... 60.00 Remolded sample per specimen . ............................... 40.00 Expansion Index (ASTM D482SIUBC 29- 2) ...............100.00 Laboratory Permeability Constant Head (ASTM D2434) .......... .........................225.00 Falling Head Flexible Wall (ASTM D5084) .................275.00 Triaxial Permeability (EPA 9100) ....... .........................325.00 Chemical Tests Corosivity (pH, resistivity, sulfates, chlorides) ........... 150.00 Organic content (ASTM D2974) .. ............................... 60.00 Unit rates presented are for routinely performed geolechniral and construction material laboratory tests. Othertests can ba performed in our laboratory, including rock core, soil cement, and soil lime tests. Additional tests will be quoted on request. T Unit rates presented herein assume samples are uncontaminated and do not contain heavy metals, adds, carcinogens, or volatile organic compounds that can be measured by an OVA or PID with concentrations greater than 50 ppm. Arroyo will not accept contaminated samples. Uncontaminated samples will ba disposed of 80 days after presentation of test results. 0 0 i Materials Testing / Inspection SCHEDULE OF FEES — Prevailing Wage City of Newport Beach Professional Services Price 5 / hour Principal Engineer 160 Registered Civil Engineer 110 Staff Engineer so Project Management 100 Scheduling/Supervision 100 Secretarial Time 40 Reports — Test Results 10 ea Review of Files for Final Letter of Affidavit (min. 2 hours) 100 Submittal Review for Compliance with Project Plans and Specifications 100 Inspection Serviees Price $ / hour DSA Project Inspector (IOR) — Class I too DSA Project Inspector (IOR) — Class 11 90 DSA Project Inspector (FOR) — Class 111 85 DSA Project Inspector (IOR) — Class IV 75 Relocatable Building In -Plant Inspections, Title 24 75 Assistant Project Impactor (IOR) 75 Special Inspection Concrete 65 Special Inspection Post- Tdnsioh Concrete 65 Spacial Inspection Shotcrete / DSA 65 Special Inspection Masonry I DSA 65 Special Inspection Epoxy Injection & Anchors 65 Special inspection. Fireproofing 65 Special Inspection Structural 6ted1/Welding & Bolting (Local) 65 Special inspection Structural Steel/Welding & Bolting ( Outside Local Area) Quote Special Inspection Welding A WS/CWI (Field, Local) 65 Special Inspection Welding AWS/CW1(Field, Outside Local Area) Quote Fabrication Inspection AWS /CWI (Local) 65 Fabrication Inspection (Outside Local Area) Quote Building Inspection 65 Special Inspection Asphalt 75 Batch Plant Inspection Concrete 65 Batch Plant inspection Asphalt 75 Technician Services Price S / hour Technician - Materials (Field) 65 Pachomcter - Technician 65 Moisture Testing - Technician 65 Technician Laboratory 60 Coring and Sizing (in house) 60 Coring Concrete, Masonry or Asphalt in Field Quote Sawing Concrete, Masonry or Asphalt in Field Quote Pull -out Test on Embedded Botts, Anchors, Dowels, and Splay Wires 65 Pick -up and Delivery - Standard 45 Technician Travel Time p40ml. radius or Anaheim lab) 45 Non - Destructive Testing (NDT) Price S / hour Ultrasonic Inspection 70 Dye Penetrant Inspection 65 Magnetic Particle Inspection 65 Radiographic Testing Quote Travel Charge Quotethour or mile Truck Charge Quote/day Film Quotelfilm Scan Quote 0 • EXHIBIT B Concrete Strength Characteristics Method Price S ea. Concrete Cylinders (6"x 12 ") - Compression ASTM C -39 18 Lightweight Fill Concrete (3 "x6) Insulated ASTM C495 20 Compression, Concrete or Masonry Cores (Testing Only). Max. Diameter 6" ASTM Cr42 30 Gunite /Shetcrde Cores (Lab Coring & Testing Only) ASTM C42 45 Mix Design, Review of Existing 125 Cylinder Molds, 6 "x 12 ", 2"x 4" (Not Used With Testing) 3 Unit Weight of Hardened Light weight Concrete ASTM C -567 35 Rapid Cure Concrete Cylinders (Boil Method) ASTM C -684 35 Petrographic Analysis of Hardened Concrete ASTM C -856 Quote Cement Content Analysis of Hartioned Concrete ASTM C 1084 Quote Masonry Method Price S ea. Mortar Cylinders (2 "x4 ") ASTM C -780 18 Mortar Cubes (2 "x 2 ") ASTM C -109 18 Grout Prisms (3"x6') ASTM C -1019 18 CMU Compression (3 required) to size 8 "x 8 "x 16" ASTM C -140 50 CMU Compression (3 required) greater than 8 "x 8 "x 16" ASTM C -140 55 CMU Moisture Content, Absorption & Unit Weight (6 required) ASTM C -140 85 CMU Linear Drying Shrinkage (3 required) ASTM C -426 85 CMU Grouted Prisms (Compression Test to 8 "x 8% 16 ") ASTM E -447 135 CMU Grouted Prisms (Compression Test larger than 8 "x 8" x16') ASTM E -447 160 Masonry Core -Shear Title 24 (Hest Only) 55 Sleet Reinforcement Method Price S ea Tensile Test, Up to No. 9 ASTM A -370 35 Tensile Test; No. 9 and over ASTM A -370 45 Bend Test, Up to No. 8 ASTM A-370 35 Bend Test, No. 9 and over ASTM A -370 45 Processing Mill Certificates (per size and heat) 15 Weld Procedure and Weider Qualifications Price S Welder Certification/Weld Procedure Review (AWS/CWI) 65/hr. Weld Tensile Test 50 ea. Weld Bend Test 50 ea. Weld-Macro Etch 50 ea Bolt Tensile Test 50M Machining and Preparation of Samples 50 ea. Prestress Method Price /ea. Prestress Wire (each cable) ASTM A -416 150 Sample Preparation 45 Prestress Cable, 7 Wire (Breaking Strength /Modulus of Elasticity) ASTM A416 150 Fireproofing Method Price S Unit Weight (Density) UBC Std. 7-6 35ea. Cohesion/Adhesion USC Std.7 -6 65/hr. Special Inspection Fireproofing 65/hr. Moisture Test Method Price S Moisture Tests ASTM E -1907 50 ea. Moisture Retest ASTM 8.1907 35 ea. Moisture Testing - Technician 65/hr. • s EXHIBIT B BASIS OF CHARGES - PREVAILING WAGE REGULAR WORK HOURS First 8 hours of Day Shift Monday through Friday, except holidays. TIME AND ONE HALF After 8 hours and up to I I hours Monday through Saturday. DOUBLE TIME After I I hours Monday through Saturday and Sundays. TRIPLE TIME Holidays: New Years, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving and the day after Thanksgiving, and Christmas Day, the first Saturday following the first Friday in the months of June and December, and after 1 I hours on Sundays. SHIFT DIFFERENTIAL Swing Shift: +10% for first 8 hours worked. Graveyard Shift: +15% for first 8 hours worked. MINIMUM HOURLY CHARGES 1. Special Inspector t Field Technician (Field Time Only) A. Cancellation of Inspections not canceled by 4:00 p.m. on prccedingv r ............ 2 Hours S. Ore-half working day or less... ............................................ ........... A Hours C. Over one -half working day/or begins before anon and extends into aftemoon......8 Hours 2. Project Inspector(IOR) A. Cancellation of Inspections not canwied by 4:00 p.m. on preceding day ................4 Hours B. One -half working day or less .................................. ..............................4 Hours C. Over one -half working daylor begins before noon and extends into afternoon...... 8 Hours CANCELLATIONS No Charge if made before 4:00 p.m. of the preceding day. See Minimum Charge. CYLINDER HOLDS All HOLDS will be disposed of after the 28 -day break meets the required PSI, unless specified in writing by the client prior to the 28-daybreak. Longterm or large amounts of HOLD cylinders maybe subject to storage fees. OUTSIDE SERVICES Outside services requested by client performed by others and direct costs expended on the client's behalf are charged at cost plus 200 %. These expanses include equipment rental, parking, subsistence, photographs, co- insurance endorsement, etc. MILAGE CHARGES Mileage for inspection i technician between 40 miles and 100 miles from Arroyo's nearest office will be charged at $.50 per mile. Any mileage over 100 is per quote basis. REPORT CHAGRES AND SECRETARY TIME See fee schedule. A maximum of 5 copies will be issued for each report. Reissuing of reports is per quote basis. REPORTING All reports will be considered confidential information and be distributed to the client and those designated by Section 1701 UBC I Title 24, Part I, CAC; unless authorized in writing be by client. of delinquency; PARKING Wheat not furnished for the Inspector, parking charges will be reimbursed by the client. SUBSISTENCE When applicable, subsistence will be charged to the client I project by quotation. hel. 1114416, Wdi-g 240ili-RaWRONFed V111tit, Rd C9.1 VCFS 01 5UUnJi;auUR Will bmIlUd In cost plus 'Nf3tlttAlPi. E Geotceh ' ' n4 20 percent. ost. PREVAILING WAGE The hourly rates provided arc in compliance with prevailing wage requirements. As the rates for California Prevailing Wage increase, our hourly rates will increase accordingly. PROFESSIONAL SERVICES AGREEMENT WITH ARROYO GEOTECHNICAL FOR ON -CALL MATERIALS TESTING AND GEOTECHNICAL TESTING HIS AGREEMENT is made and entered into as of this � day of J LL m<_ , 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City "), and Arroyo Geotechnical, a California corporation, whose address is 151 South Sunkist Street, Suite E, Anaheim, CA 92806 ( "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 materials testing and geotechnical testing services in regards to City construction projects. C. City desires to engage Consultant to perform on -call materials testing and 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 Ross Kahiabani, President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June 2008, unless terminated earlier as set forth herein. 2. 3. 0 0 SERVICES TO BE PERFORMED Consultant shall provide "On -Call" Materials Testing and Geotechnical Testing services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, Consultant shall provide a letter proposal for services requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall include 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. 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 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 Fifty Thousand Dollars and No Cents ($50,000.00) shall require a separate Professional Service Agreement approved by City Council per Council Policy F -14. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and /or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 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 Ross Khiabani 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 t • 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. 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. Bill Patapoff 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. 0 0 9 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 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, 5 • 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 interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. O 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City 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 Reauirements. 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 7 • 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. 0 0 0 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. 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 Y 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. 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 10 0 0 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 restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for 11 • • any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Bill Patapoff 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: Ross Khiabani, President Arroyo Geotechnical 1515 South Sunkist Street, Suite E Anaheim, CA 92806 Phone: 714- 634 -3318 Fax: 714 - 634 -3372 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information 12 • i developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. 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: CITY OF NEWPORT BEAC A Municipal Corporation C.Gam- By: (j/1 - — Aaron C. Harp, Do `e`6b Assistant City Attorney Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: ofl� a - &14" LaVonne Harkless, City Clerk, ARROYO GEOTECHNICAL: By: r (Corporate Officer) Title: Print Name -ss k M'L t By: �/i (Financial Officer) Title: aoxa-r wl Print Name: L' L_ Giti Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates f:\users\pbw\shared\agreements\fy 05-06\on-call services\arroyo geotechnical.doc 14 EXHIBIT 'AS •QUALIFICATIONS Materials Testing and Inspection Services 4.0 PROJECT UNDERSTANDING AND WORK PLAN 4.1 WORK PLAN The reason that materials testing and inspection are necessary for a project is to ensure all project elements are constructed in accordance with the construction specifications, plans and contract documents. Due to the nature of construction support services, our work is highly dependent on construction need and schedule. To achieve the goal, we will use the approach described below. 4.1.1 Project Protocol Based on our experience in providing construction support services for other agencies, Arroyo envisions the process will follow the following protocol: (1) The process will begin with initial communication from the Clients Construction Project Manager (PM) who will describe the project, location of the project, and request for the specific services to be provided by Arroyo. (2) Based on what is to be tested or inspected, Arroyo will dispatch the appropriate staff (engineer, field technician, or inspector). Arroyo staff will initiate dialogue with the necessary'persons in the field. Arroyo will log activities and observations and provide other services requested by the Clients Construction PM or IOR. At the end of each workday, the technician or inspector will submit a field report of the work inspected or tested to the PM / IOR. (3) Arroyo's PM will keep dialogue with the Clients Construction PM or IOR, as needed. (4) Arroyo will prepare and submit to the Client reports of tests requested by the Client. 4.1.2 Schedule Control We are fully aware of the need to provide services with short notice and complete the assigned task under a demanding schedule. Therefore, we are proposing to have available a pool offield Technicians and Inspectors to respond to the . field needs for testing and inspection simultaneously. We are committing our team to respond to the construction need in a timely manner and to meet the schedules of the project. Our field staff will make a point of meeting with the Clients PM, IOW and contractor's representative and always plan for their upcoming immediate needs. 4.1.3 Budget Control Arroyo anticipates our services will be provided on a time- and - materials basis. The Arroyo PM Page 14 • i QUALLEWATION5 Materials Testing and Inspection Services will keep track of the time, personnel and resources used to complete each project task. Generally, the PM receives weekly reports on expenditures, budget status, and hours expended by task_ These weekly reports are prepared using the BST Enterprise computer software system. The expenditure status and hours can be compared to the budgeted amount for quick identification of discrepancies. Each Arroyo employee submits a time sheet every Friday and hours are logged in the BST system by the following Monday. Therefore, the project status can be easily tracked and monitored. 4.1.4 Quality Control Arroyo has long recognized the importance of quality control and its direct relationship to the success of a project. Our standard practice is to prepare a project specific Quality Control Plan as specified by the Arroyo's Quality Assurance Manual. The primary mission of our Quality Control Plan is to provide staff with the technical and managerial expertise to plan, organize, implement, and control the overall quality effort, thereby ensuring the completion of a quality project within the time and budget established. Periodically, throughout the course of a project and at the end of each construction phase, the Project Manager and/or Principal -in- Charge will contact the client to get feedback on the Arroyo's performance. Arroyo will perform all testing in accordance with the procedures and requirements of American Society for Testing and Materials (ASTM) Standards. To make sure the accuracy of the testing results, our testing machines will be calibrated annually or more frequently as needed by impartial means using devices of accuracy traceable to the National Bureau of Standards. 4.1.5 Customized On -Line Project Reporting System for the Client Upon agreement with the Client, we will establish a password - protected, on -line reporting site on Arroyo's website (www.arroyogeotechnical.com). This on -line page will enable the Clients project manager or its designated personnel to log in and view the latest project information, which may include contacts and phone numbers, status of each project task, relevant photos, daily reports, testing and inspection results. The information will be accessible only to the Clients staff and all Arroyo's project team members. 4.1.6 Client Relationships The success of a project depends on the cooperation and teamwork of all parties involved. In the past several years, Arroyo has built a reputation for productive client relationships. We have had no construction - related litigation since Arroyo's inception. Since some project may be located in an academic environment, it is especially important to Page 15 I 0 QUALMCATIONS Materials Testing and Inspection Services work harmoniously not only with the contractor but also with administrative and academic staff. Mr. Joe Ritchey has worked on several projects on campuses. He understands the needs of the construction projects and knows how to handle the construction issues on campus projects as well as any other project. usurance 6.0 EQUAL OPPORTUNITY EMPLOYER As an equal opportunity and affirmative action employer, Arroyo strictly follows the equal opportunity policy Page 16 • Exhibit B • Materials Testing / Inspection SCHEDULE OF FEES — Prevailing Wage City of Newport Beach On -Call Materials Testing and Geotechnical Testing Services Task Professional Services Price S / hour Special Rate 330100 Principal Engineer 150 330105 Registered Civil Engineer 110 330110 Staff Engineer 90 330115 Project Management 40 330120 Scheduling/Supervision 65 330125 Secretarial Time 40 330130 Reports — Test Results 10 ea 330135 Review of Files for Final Letter of Affidavit (min. 2 hours) 100 330140 Submittal Review for Compliance with Project Plans and Specifications 100 Task Inspection Services Price S / hour Special Rate 331200 DSA Project Inspector (IOR) — Class 1 100 331202 DSA Project Inspector (TOR) — Class II 90 331204 DSA Project Inspector (10R) — Class III 85 331206 DSA Project Inspector (IOR) — Class IV 75 331208 Relocatable Building In -Plant Inspections, Title 24 75 331210 Assistant Project Inspector (IOR) 75 331220 Special Inspection Concrete 75 59 331222 Special Inspection Post - Tension Concrete 75 59 331224 Special Inspection Shotcrete / DSA 75 60 331226 Special Inspection Masonry / DSA 75 60 331228 Special Inspection Epoxy Injection & Anchors 75 59 331230 Special Inspection Fireproofing 75 59 331232 Special Inspection Structural Steet/Welding & Bolting (Local) 75 59 331234 Special Inspection Structural Steel/Welding & Bolting ( Outside Local Area) Quote 331236 Special Inspection Welding AWS /CWI (Field, Local) 75 60 331238 Special Inspection Welding AWS /CWI (Field, Outside Local Area) Quote 331240 Fabrication Inspection AWS /CWI (Local) 60 331242 Fabrication Inspection (Outside Local Area) Quote 331250 Building Inspection 75 59 331260 Special Inspection Asphalt 75 70 331280 Batch Plant Inspection Concrete 75 59 331282 Batch Plant Inspection Asphalt 75 70 Task Technician Services Price S / hour Special Rate 331300 Technician - Materials (Field) 75 59 331302 Pachometer - Technician 75 59 331306 Moisture Testing - Technician 75 59 331310 Technician Laboratory 65 60 331320 Coring and Sizing (in house) 65 60 331322 Coring Concrete, Masonry or Asphalt in Field Quote, 331324 Sawing Concrete, Masonry or Asphalt in Field Quote 331330 Pullout Test on Embedded Bolts, Anchors, Dowels, and Splay Wires 75 60 331340 Pick -up and Delivery - Standard 45 331342 Technician Travel Time (>40mi. radius of Anaheim lab) 45 Task Non - Destructive Testing (NDT) Price $ / hour Special Rate 331400 Ultrasonic hu pection 75 65 331402 Dye Penetrant Inspection 75 65 331404 Magnetic Particle Inspection 75 65 331410 Radiographic Testing Quote 331412 Travel Charge - Quote/hour or mile 331414 _ Truck Charge Quote/day 331416 Film Quote/film 331420 Scan Quote Client City of Special Rate reflects your discounted price. Prices valid for 6 mcrrnt. WWcat Beach Data 05-31.06 • • /.% ARROYO ®SIC GEOTECHNICAL T ARROYO GEOTECHNICAL Fee Schedule - Laboratory January 1, 2006 Special For City of Newport Beach Identification and Index Properties In -Situ Moisture and Density (ASTM D2937) ...............18.00 15.00 Grain Size Analysis (ASTM D422) 20.00 Sieve Only (3" to #.200) ....................... ..........................65.00 70.00 Sieve and Hydrometer ........................ .........................100.00 40.00 Percent Passing #200 Sieve (ASTM D1140) ............. 45.00 Atterberg Limits (ASTM D4318) 220.00 Multi. Point .................................... ............................... 80.00 OnePoint .................................... ............................... 65.00 Specific Gravity (ASTM D854) .... ............................... 50.00 Sand Equivalent (ASTM D2419) . ............................... 65.00 Compacbonlantl Bearrng StreRgfh . . Modified Proctor Compaction (ASTM D1557) Method A or B (4" Mold) ......................... .........................150.00 15.00 Method A or B (6" Mold ) .............................. ...................175.00 20.00 Compaction, California 216 .................... .........................150.00 70.00 California Bearing Ratio CBR (ASTM D1883) 40.00 3 points ................... ............................... .........................450.00 R -Value ............................................ ............................... 220.00 ' "S.hear, I S teng`�h Torvane /Pocket.Penelrometer ......... ............................... 15.00 Direct Shear - per point 20.00 Consolidated - Drained (ASTM 03080) ............................ 70.00 Residual.................. ............................... .........................100.00 40.00 Unconfined Compression (ASTM D2166) .......................100.00 Unconsolidated- Undrained (UU) ...... ............................125 00 Consolidation(Collapse and Swell Tests Consolidation (ASTM D2435) 8 load increments w /one time -rate ..... ........................140.00 Additional load increment ........................... ...... I......... 20.00 Additional Time rate per load increment ..................... 40.00 Single point (collapse lest) .......... ............................... 40.00 Single Load Swell (ASTM D4546) Ring sample, field moisture ......... ............................... 60.00 Ring sample, air dried ................. ............................... 60.00 Remolded sample per specimen . ............................... 40.00 Expansion Index (ASTM D4829 /UBC 29- 2) ...............100.00 t,, ;Laboratory Peimeabllty Constant Head (ASTM D2434) ......... .........................225.00 Falling Head Flexible Wall (ASTM D5084) .................275.00 Triaxial Permeability (EPA 9100) ............................... 325.00 Chemfcal'rTgsts Corrosivity (pH, resistivity, sulfates, chlorides) ........... 150.00 Organic content (ASTM D2974) .. ............................... 60.00 Unit rates presented are for routinely performed geolechnicai and construction material laboratory tests. Olhertests can be performed inour laboratory, including rock core, soil cement, and soil lime tests. Additional tests will be quoted on request. The rates will remain firm for a period of 2 years from the date of this submittal. Unit rates presented herein assume samples are uncontaminated and do not contain heavy metals, acids, carcinogens, or volatile organic compounds that can be measured by an OVA or PID with concentrations greater than 50 ppm. Arroyo will not accept contaminated samples. Uncontaminated samples will be disposed of 30 days after presentation of lest re5Ul+e. Page 2 of 2 Engineering • material Testing • Inspcctiun • • /.X ARROYO 17 GEOTECHNICAL ARROYO GEOTECHNICAL Fee Schedule - Personnel January 1, 2006 Special For City of Newport Beach TECHNICAL STAFF GEOTECHNICAL ..........................50.00 Principal /Chief Engineer/Geologist ...... .........................160.00 50.00 Senior Geotechnical Engineer /Geologist ......................130.00 50.00 Project Engineer/ Geologist ................... .........................110.00 ..........................15.00 Senior Staff Engineer / Geologist ............ ..........................90.00 ..........................75.00 Staff Engineer / Geologist ....................... ..........................80.00 Sr. Soil Technician (Non - prevailing Wages) ...................65.00 Sr. Soil Technician (Prevailing Wages) . ..........................75.00 Soil Technician (Non - prevailing Wages) ........................ 60.00 Soil Technician (Prevailing Wages) ...... ..........................75.00 1315 South Sunkisi Slreei. Suite E Anaheim, Califomia 928U6 7141634 -3318 fax 714/634 -3372 wwwarroyogeotechnica I.com ADMINISTRATIVE Computer Data Entry ............................ ..........................50.00 Clerical............................................. ............................... 50.00 Word Processing ............................. ............................... 50.00 Computer Time ...... ............................... ..........................15.00 CADOperator ........ ............................... ..........................75.00 EXPERT WITNESS Principal Engineer/ Geologist ................ .........................320.00 Staff assignments depend on availability of personnel, site location, and the level of experience required to satisfy the technical requirements of the project and meet the prevailing standard of professional care. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15 %). A subconsullant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. Mileage /Field Vehicle usage will be charged at the rate of $.50 1mile or $5 per hour, subject to negotiation. The rates will remain firm for 2 years from the date of this submittal. Page 1 of 2 Members of: Engineering • A-lalerialTesting • InspMnion ASFE 1M Pan Poap1e on Evm Cli nt#' 6540 WILLDAN g�2fi€' . - CERTIFICA OF LIABILITY INSUWCE o /2241 sem` PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711 -0550 714 427 -6810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Arroyo Geotechnical 1515 S. Sunkist Street #E/F Anaheim, CA 92806 INSURER A: Zurich American Insurance Co. INSURER e: American Automobile Ins. Co. INSURER C: XL Specialty Insurance Co. INSURER D. INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWmiSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Im TYPE OF INSURANCE POLICY NUMBER POLI EFFECTIVE PON T UND LIMITS A GENERALLIABILJTY X COMMERCW.GENERALLIASSJTY CLAIMS MADE F1 occuR X CONTRACTUAL GLO904316300 INDP. CONTRACTORS INCLUDED 11109/05 11/09/06 EACH OCCURRENCE $1000000 FIRE DAMAGE (Any anIft) $1,000,000 MED EXP (AM m pamn) $10.000 PERSONAL &ADVINJURY $1000000 X BFPD. XCU GENERALAGGREGATE s-2. 000 000 GENL AGGREGATE LIMITAPPLIES PER: POLICY X PR4 LOD PRODUCTS- COMP/OPAGG $2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SC MBULEO AUTOS HIREDAUTOS NON-OWNED AUTOS BAP904316200 11/09/05 11/09/06 COMBINED SINGLE LIMIT (FAwdd=Q $1,000,000 X BODILY INJURY (PW PMT) $ X BODILY INJURY w (p«°dmt) $ X PROPERTY DAMAGE (PwaWdenU 3 GARAGE LIABILITY ANY AUTO AUTO ONLY• EAACCIDENT $ OTHER THAN EA ACC AUTOONLY: AGO $ $ A Excess LIABILITY X OCCUR Fl CLAIMS MADE DEDUCTIBLE RETENTION $ SE0904316400 Professional Llab Is Excluded 11/09/05 11109/06 EACH OCCURRENCE s3000000 AGGREGATE s3.000.000 $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILnY WZP80936177 11109/05 11/09/06 X E.L. EACH ACCIDENT $11,000,000 E.L DISEASE • EA EMPLOYEE $1 OOO OOO EL DISEASE- P01.ICYLWn $1000000 C OTHER Professional 'ability DPR9415196 11/09/05 11/09/06 $1,000,000 per claim 51,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIE XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: On -call materials and geotechnical testing, JN 165185000 -22020 City of Newport Beach, Its elected or appointed officers, officials, (Sea Attached Descriptions) City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 POLICES BE CANCELLED BEFORE T446 EXPWATWN DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR T01ML30— DAYSWRITTEH NOTICETOTHE CERTIFICATE HO.DERNAMEDTOTHr LEFT. BUTFAS-URE TOOOSOSHALL UPON TH E INSURER,ITS AGENTS OR ACORD 25•S (7!97)1 of 2 #M142761 RILL a ACORD CORPORATION 1988 DES PTIONS:(Continuedfr0i. 1). employees, agents and volunteers are Additional Insured as respects to General and Auto Liability as required by written contract. Primary and Non - Contributing, Cross Liability coverage, Waiver of Subrogation applies to GL as required by when contract Waiver of Subrogation for Work Comp Is Included as required by written contract (Arroyo) AMS 25.3 (07/97) 2 of 2 9M142761 0 0 Additional Insured — Automatic - Owners, Lessees Or ZURICH Contractors - Broad Form Polic No. I Eff. Date of Pol Ez . Date of Pol Eff. Date of End Producer Add'l Prem. I Rehm Prem. GLO"4316300 1 11/09/05 11109/06 11/09/05 Dealey, Renton $ N/A $ N/A THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Name of Person or Organization: its elected or appointed officers, officials, employees, agents & volunteers A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section 1, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury ", "properly damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products - completed operations hazard', performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: L We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured, or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including U- GL- 1175 -A CW (9103) Page 1 of 2 0 0 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION TV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U -GL- 1175 -A CW (9/03) Page 2 of 2 0 0 D Waiver Of Subrogation (Blanket) Endorsement ZURICH Poky, Teo. Eff. Date. a Pdt. Eai). Date of Pot. Eff. Data'of Bnd. I Pmducar AWL PMn RetoraPrean. GL:O904316SOO 11109!05 11/09/06 11009 /115 oy, ttenton Associates StVA $141A THIS 0MOR5EMENT CHANGES THE POLICY. PLEASE READ .IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General LiaKUly Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construeal to be a waiver with respect to any other operations in which the insured has no contractual interest U-GL 425 -ECW (12M1) Page 1 of I •1 POLICY NUMBER: 13AP904316200 BUSINESS AUTOMOBILE LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED ENDORSEMENT (CA 20 48) Name of Person(s) or Organization(s) City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 BUSINESS AUTO COVERAGE Each person or organization indicated above is an "insured" for Liability Coverage, but only to the extent that person or organization qualities as an "insured" under the Who Is An Insured provision contained In SECTION II of the Coverage Form. Additional Insured Continued: its elected or appointed officers, officials, employees, agents and volunteers CA20 48 07 97 0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement forms apart of Policy No. WZP80936177 Issued to: Arroyo Geotechnical By: American Automobile Ins. Co. Premium (if any) TBD We have aright to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 WC 04 03 06 (Ed. 4-84) Schedule Job Description Waiver applies to: its elected or appointed officers, officials, employees, agents and volunteers Countersigned by Authorized Representative JUL-27 -2006 THll�(a�lj0j:58\AM Broy&Brown Inc FAX N0, 71Q_221 4192 P. 01 Fax q: . ( 7 � . leyy3 3l0 u CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of r u(raments as outlined by the City of Newport Beach. Date Received: o? Dept. /Contact Received From: X01 Date Completed: 7 �a _ Sent to: s�t6i M R By: ot�t�o, Company)Person re fired to have certificate: /�rI A_ GYh CI -nQ* ckfm:C -A I. GENERAL LIABILITY A Z14r 4W,6V1CekM (ri] A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted In California? Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? - -tali d a- E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it Included? as ffNo F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it Included? ffyes ❑ No G. PRIMARY 8, NON - CONTRIBUTORY WORDING (Must be included): Is It included? [II Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by �/ negligence" wording? [I Yes [�J No I. NOTIFICATION OF CANCELLATION: Although there Is a provislon that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. tl. AUTOMOBILE LIABILITY t- /► A. INSURANCE COMPANY: _2iAVf'CCI /Gk 4 Z17 K f-z?* cf, LA B. AM BEST RATING (A: VII or greater): _ AAZ C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted In California? p Yes ❑ No D. LIMITS (Must be $fM min. BI & PD and $500,000 UM): What is limits provided? ,H , i;" ? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? MrYes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers on)y)' Is it included? NJ A- ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III, WORKERS' COMPENSATION p �IC�� (r A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? LWYe ❑ No HAVF� ALL ABM REQUIREMENTS BEEN MET? Yes ❑ No If NO! WHICH ITEMS NEED PQ BE COMPLETED? CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Robert Gunther, P.E. 949 - 644 -3311 or rgunther @city.newport- beach.ca.us Jud 2 7 209 SUBJECT: GEOTECHNICAL AND MATERIALS TESTING AND EVALUATION, INSPECTION AND CONSTRUCTION MANAGEMENT, AND LANDSCAPE DESIGN SERVICES - APPROVAL OF ON -CALL PROFESSIONAL SERVICES AGREEMENTS RECOMMENDATIONS: 1. Approve Professional Services Agreements with Arroyo Geotechnical and LaBelle Marvin Inc for on -call geotechnical and materials testing and evaluation services and authorize the Mayor and City Clerk to execute the Agreements. 2. Approve a Professional Services Agreement with WEC Corporation for on -call inspection and construction management services and authorize the Mayor and City Clerk to execute the Agreements. 3. Approve Professional Services Agreements with TCLA, Inc and David Volz Design for on -call landscape design services and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: City Council approved the use of On -Call Professional Services Agreements (PSAs) on the November 26, 2002, December 9, 2003, and June 26, 2005 agendas. These on- call PSAs have proven to be very effective and efficient. Prior to this, a number of PSAs were executed between the City and selected consultants each time services were required to support smaller, regular tasks needed for Capital Improvement Program (CIP) projects. A request for qualifications for on -call services was mailed to seven firms. Staff recommends executing PSAs with five of the firms as listed above, that is - two geotechnical and materials evaluation firms, one inspection and construction management firm, and two landscape design firms. To reduce time and effort required to prepare individual PSAs for each CIP project, staff is recommending approval of on- call agreements with these select consultants to provide "as needed" services. Terms Soils a &tedals Evaluation, Inspection and Construction Moment, and Landscaping Services — Approval of On -Call Professional Services Agreements June 27, 2008 Page 2 for services to be performed can be further negotiated upon receipt of letter proposals as requested. Should anticipated work exceed $50,000, staff will conform with the requirements of Council Policy F -14 pertaining to Service Contracts and will prepare individual PSAs as needed. The CIP budget for FY 2006107 totals over $40 million. Many of the construction projects in the CIP will require professional geotechnical, inspection and landscape services. Funding for these services is typically included in the respective budget for each project. On -Call Soils and Materials Evaluation Firms: Arroyo Geotechnical has performed geotechnical and materials testing services and has shown a'high quality of work when interacting with the City of Newport Beach and other public agencies. The firm recently completed well - performed pipe- testing services for the City on the Irvine Avenue Water Main project. LaBelle Marvin provides materials testing and evaluation services, typically pavement evaluation, and has provided quality services on numerous pavement projects for the City in the past. On -Call Inspection and Construction Management Firm: WEC recently provided a roadway inspector to assist with two City pavement resurfacing projects that were completed in the areas of Newport Shores and West Newport/Seashore Drive. Currently, a part-time inspector /construction manager from WEC is assisting Public Works with a police station renovation project. WEC's services have been excellent. The Public Works Department is currently recruiting a new full - time inspector to replace a Senior Inspector which was vacated March 30 due to a retirement. The process, however, takes time and some training time will be necessary Once the position is filled again. Occasional use of a contract inspector or construction manager will still be required. On -Call Landscaping Design Firms: TCLA Inc., has worked on the landscape design for two recent successful projects with the City, the CDM Medians and the medians for the Jamboree Road paving project. David Volz Design provided the design services for the City's Castaways Park and Cliff Drive Park projects and many other local agency landscape projects. Standard On -Call Professional Services Agreement: The standard PSA that was approved for on -call agreements in June 2005 by the City Attorney's Office is attached. The On -Call PSA is identical to the standardized PSA used by the City with the exception of Section 2 (Services to be Provided) and Section 4 (Compensation to the Consultant). These sections have been modified to allow the consultant to provide services for multiple projects. The proposed On -Call PSAs would be effective for a two year period through June 30, 2008. 0 J E 0 Soils Oviaterials Evaluation, Inspection and construction hkement, and Landscaping Services — Approval of On-Call Professional Services Agreements June 27, 2006 Page 3 Environmental Review: Environmental clearances will be completed for each Capital Improvement Project. Funding Availability: Funds for these services are available in each of the specific project accounts within the City Council approved Capital Improvement Programs. Prepared by: Submitted by: R. Gu er, RE. w en . Badum Construction Engineer ubfic Works Director Attachment: On -Call Professional Services Agreement 0 0 PROFESSIONAL SERVICES AGREEMENT WITH [INSERT NAME OF PERSON/COMPANY] FOR ON -CALL [INSERT TYPE OF SERVICES] SERVICES 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 California [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 has a need for on -call assistance for [insert description] in regards to City construction projects. 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 [insert day] day of [insert month], 20 unless terminated earlier as set forth herein. 0 0 0 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 for services requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall include the following: (a) A detailed description of the services to be provided; (b) The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; (c) The estimated number of hours and cost to complete the services; (d) The time needed to finish the project. No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing rates attached hereto as Exhibit "B" and incorporated herein by reference. VA 0 0 No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Public Works Department. Any Letter Proposal that sets forth fees in excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a separate Professional Service Agreement approved by City Council per Council Policy F -14. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and /or classification of employee who performed the work, a brief description of the services performed and/or the specific task in the letter proposal to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 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. 3 • • i 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. 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. 9 i • C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally, required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 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. LI 4` 0 0 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 0 0 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 interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 0 7 0 0 0 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City 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 Reouirements. 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 0 waive all rights of subrogation against City, its officers, agents, 51 i • 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. • 0 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. 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 orjoint- 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. 10 17 it-]I 19 OWNERSHIP OF DOCUMENTS 9 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. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 0 11 0 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 12 0 0 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: [Insert name of Project Administrator] 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: 13 0 0 0 0 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant'shall be held to vary the provisions herein. 14 RYA 33. i11 35. 36. 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. 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. 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. 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. 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. 15 E 0 0 0 r� 0 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Steve Badum Director of Public Works for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates f :lusers%CA71sharedlagreementlon -call agreement template.doc 16