HomeMy WebLinkAboutC-4225 - PSA for On-Call Geotechnical Consulting Services1
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AMENDMENT NO. ONE TO
ON -CALL SERVICES AGREEMENT WITH
GMU GEOTECHNICAL, INC. FOR
GEOTECHNICAL CONSULTING SERVICES
THIS AMENDMENT NO. ONE TO ONQ-CALL SER IC_F� AGREEMENT
( "Amendment No. One'), is entered into as of this err+ day of VVp�
by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation
( "City "), and GMU GEOTECHNICAL, INC., a California Corporation, whose address is
23241 Arroyo Vista, Rancho Santa Margarita, California 92688 ( "Consultant "), and is
made with reference to the following:
RECITALS:
A. On June 24, 2009, City and Consultant entered into an On -Call Services
Agreement ( "Agreement ") for geotechnical services throughout the City on an as
need basis ( "Project ").
B. City desires to enter into this Amendment No. One to extend the term of the
Agreement to December 31, 2011, and update insurance requirements.
C. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement, shall be amended in its entirety and replaced with the
following: The term of the Agreement shall terminate on December 31, 2011, unless
terminated earlier as provided for in Agreement.
2. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with the
following: Without limiting Consultant's indemnification of City, and prior to
commencement of work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. 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 $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. 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.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
ONE on the dates written below.
APPROVED AS TO FORM:
OFFICE OF HE CITY ATTORNEY
Date:
By.
Leonie Mulvihill
Assistant City Attorney
ATTEST: )),Y,)l Date:
By:
Leilani I. Brown
City Clerk
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.e'�c�r�carl�
CITY OF NEWPORT BEACH,
A California�nuricipal corporation
Date: /6//fi//►
Py6lic Works Director
CONSULTANT: GMU GEOTECHNICAL,
INC., a Calif rnia Corporation
Date:_ � ��
By.
�
Gary K. Urban,
President
Date: ►o / i ��
By: A�
Michaerep,
Executive Secretary
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 11 -1 -11 Dept. /Contact Received From:
Date Completed:
11 -1 -11
Sent to: Shari By: Carol
Company /Person required to have certificate: GMU Geotechnical, Inc.
Type of contract: All other
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/01/11 to 11/01/12
A. INSURANCE COMPANY: Travelers Indemnity Co. of CT
B. AM BEST RATING (A-: VII or greater): A +• XV
C. ADMITTED Company (Must be California Admitted):
. Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000
E. ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
INSURANCE COMPANY: Travelers Property Casualty Co ofAm
include): Is it included? (completed Operations status does
B.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
ADMITTED COMPANY (Must be California Admitted):
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
.® Yes ❑ No
H. ADDITIONAL INSURED'WORDING TO INCLUDE (The City
LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
1. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J. CAUTION! (Confine that loss or liability of the named insured
F.
is not limited solely by their negligence) Does endorsement
include "solely by negligence wording?
❑ Yes ® No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® NIA ❑ Yes ❑ No
L. NOTICE OF CANCELLATION:
❑ NIA ® Yes ❑ No
1I. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/01/11 to 11/01/12
A.
INSURANCE COMPANY: Travelers Property Casualty Co ofAm
B.
AM BEST RATING (A-: VII or greater) A +; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers): What is limits provided? 1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if IndlviduaQ
(What is limits provided ?)
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): ® WA
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ® N/A
❑ Yes ❑ No
H.
NOTICE OF CANCELLATION: ❑ N/A
2 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVEIEXPIRATION DATE: 11/01/11 to 11/01/12
A.
INSURANCE COMPANY: American Automobile Insurance Cc
B.
AM BEST RATING (A-: VII or greater): A; XV
C.
ADMITTED Company (Must be California Admitted):
® Yes ❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes ❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes ❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® NIA ❑ Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
11 -2 -11
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
Date
❑ WA ® Yes ❑ No
❑ NIA ❑ Yes ❑ No
❑ NIA ❑ Yes ❑ No
441�1111]m
RISK MANAGEMENT APPROVAL REQUIRED (Non - admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ NIA Yes El
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
9; f 4 zzs
PROFESSIONAL SERVICES AGREEMENT WITH
GMU GEOTECHNICAL, INC. FOR
ON -CALL GEOTECHNICAL CONSULTING SERVICES
I THIS AGREEMENT is made and entered into as of this q t1 day of
X1 , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and GMU GEOTECHNICAL, INC., a California corporation whose
address is 23241 Arroyo Vista, Rancho Santa Margarita, California, 92688
( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of ,California with the power to cant' on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for geotechnical consulting services.
C. City desires to engage Consultant to perform on -call geotechnical services
throughout the City on an as need basis (`Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be GREGORY
P. SILVER.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of September, 2011, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call' geotechnical services as described in the
Statement of Qualifications attached as Exhibit "A." Upon verbal or written
request from the Project Administrator, Consultant shall provide a letter proposal
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for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
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No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
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
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times during the Agreement term. Consultant has designated Gregory Silver to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Dave
Webb shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
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8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
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conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
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B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
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4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
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judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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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
accurate records with respect to the costs incurred under this Agreement and
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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
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any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Dave Webb
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Gregory Silver
GMU Geotechnical, Inc.
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
Phone: 949- 888 -6513
Fax: 949 - 888 -1380
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
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developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
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reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
yne e :*au hamp
Assistant City>Af orney
for the City of Newport Beach
ATTEST:
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By: (��
Leilani Brown,
City Clerk
For the City of Newport Beach
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CITY OF fy.2 BEACH
A Mu)pal Corpo ion
Edward D. Selich, \
Mayor
for the City of Newport Beach
GMU GEOTECHNICAL, INC.:
B --�
Gary rban,
President
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
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STATEMENT OF QUALIFICAT
CITY GEOTECHNICAL/
CONSULTING SERVICES
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23211 Arroyo vista
Santa CMU Rancho Santa Margarita
CA 92688
GEOTECHNICAL, INC. voice: 949.888.6513
fax: 949.888, 1380
web: www.gmugeo.com
March 30, 2009
Mr. Fong Tse
CITY OF NEWPORT BEACH
Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92663 GMU Proposal No. P -0940
Subject: STATEMENT OF QUALIFICATIONS — City Geotechnical
Consulting Services, City of Newport Beach, California
Dear Mr. Tse:
We are pleased to present this Statement of Qualifications for Geotechnical Consulting
Services for the City of Newport Beach. GMU Geotechnical, Inc. (GMU) is a small business
enterprise (SBE) with over 40 years of experience in Orange County. GMU has significant
public works experience and acts as the City Geotechnical Consultant for the Cities of Laguna
Niguel, Dana Point, and Chino Hills. In addition, GMU has had extensive project experience in
the City of Newport Beach. In addition to our SOQ, we have enclosed our company brochure.
GMU welcomes the opportunity to meet with you and further discuss our firm's
qualifications.
Respectfully submitted,
GMU GEOTEGHNICAL, INC.
Gregory Sil YA.Sc., PE, GE
Vice Preside
Principal Engi er
SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES 6CW
GMU GEOTECHNICAL, INC.
STATEMENT OF QUALIFICATIONS -
CITY GEOTECHNICAL CONSULTING SERVICES FOR
THE CITY OF NEWPORT BEACH, CALIFORNIA
COMPANY OVERVIEW
GMU Geotechnical, Inc. (GMU), a state certified Small Business Enterprise (SBE) was
established as a privately -owned company in 1968 to provide high - quality, cost - effective
geotechnical engineering services to a select group of public and private sector clients. We take
pride in our successful history of providing practical solutions to complex problems.
GMU Geotechnical is operated out of an 8,500- square -foot commercial building located in
Rancho Santa Margarita, Orange County, California. Our office is well equipped with state -of-
the -art computers, software for geotechnical analyses, an oversized plotter to generate plans, and
other tools to ensure efficiency and accuracy of our work. We operate a complete soil and rock
!, mechanics laboratory that is continually updated and calibrated to meet the most current
specifications. Our laboratory is approved by the California Department of Transportation
- (Caltrans) and other public agencies.
Our staff consists of highly qualified registered professionals and engineering technicians with
experience in all phases of geotechnical engineering and engineering geology. GMU employs
four Professional and Geotechnical Engineers and three Certified Engineering Geologists, all of
whom are licensed by the State of California. We are confident of the skills and capabilities our
I staff offers, and we are committed to providing our clients with high - quality, cost - effective
services. This is exemplified by both the number and variety of projects we have successfully
completed and the long -term relationships we have developed with our clients. Our projects
include public works and private sector developments, and have varied in size from single - family
residences to high -rise structures, water treatment plants, reservoirs, dams, transportation- related
projects, bridges, public infrastructure, landslide mitigation, and large hillside developments.
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SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES 91 CtW
MISSION STATEMENT
Building on a Heritage of Competence and Character, GMU is Committed to...
• Providing accurate and innovative geotechnical services tailored to the unique needs of our
clients in a cost - effective and timely manner.
• Maintaining integrity at every level of the organization and exhibiting personalized concern
for the objectives of our clients.
• The professional development and welfare of our staff.
KEY PROFESSIONAL STAFF FOR CITY SERVICES
GMU's key professional staff with regards to providing geotechnical services to the City of
Newport Beach, are described below:
Mr. Greg Silver, M.Sc., PE, GE — Greg currently is Vice President and Principal Engineer for
GMU. Greg has over 20 years of experience providing geotechnical services to numerous
governing agencies, including geotechnical review services. Locally, Greg was the lead
geotechnical engineer on the recently completed Banning Ranch Development Study.
Mr. Mike Moscrou, M.Sc., PE, GE — Mike is a Principal at GMU and has had extensive project
experience in Newport Beach. He has performed numerous harbor- and dredging - related studies,
performed geotechnical design for wharf structures, and has performed third -party reviews of
geotechnical reports for the City of Newport Beach.
Ms. Lisa Bates - Seabold, PG, CEG — Lisa currently serves as the lead professional for
geotechnical services to the Cities of Chino Hills, Laguna Niguel, and Dana Point. She has
extensive experience in a variety of geotechnical projects for governing agencies and private
parties.
Mr. David Atkinson — Dave is a Senior Project manager at GMU. He has extensive experience
in Newport Beach including numerous projects in Newport Center, including the Newport Beach
Central Library, as well as Hoag Hospital. Dave also heads our pavement engineering services
division which provides pavement design and consulting for new roads as well as pavement
rehabilitation projects.
Mr. Alan "Bob" Mutchnick. PG, CEG — Bob serves as GMU's Director of Engineering
Seismological Services, handling all of our applied geophyics, blasting, and construction
vibration and monitoring. Bob has overseen numerous projects in Newport Beach where GMU
has provided construction movement and vibration monitoring.
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SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES
Mr. Ron Leiman, M.Sc., PE, GE — Ron is GMU's most experienced geotechnical and geo-
structural engineer. Throughout his 40 -year career, Ron has performed designs for virtually
every type of structure in Orange County, including over 30 bridges.
Mr. Aron Taylor, M.Sc., PG, CEG — Aron serves as GMU's lead geologist for construction in
the field as well as our seismic geologist. Aron routinely performs ground motion studies for all
types of structures.
Mr. Dan Stoica, PE — In addition, to geotechnical engineering, Dan performs the design of
Mechanically Stabilized Earth (MSE) walls for GMU.
Mr. Rob Howell — Rob has over 15 years of experience as an Engineering Technician, project
coordinator, and technician supervisor on a variety of projects, including commercial /industrial,
residential, and public works for both governing agencies and private parties.
In addition to the professionally licensed staff, GMU also employs two geotechnical laboratory
technicians and six highly experienced engineering technicians who have an average of 12 years
of experience and have worked on a wide variety of projects throughout Southern California.
GEOTECHNICAL SERVICES FOR GOVERNING AGENCIES
GMU currently provides geotechnical services for a number of governing agencies, including
geotechnical review services for the Cities of Chino Hills and Laguna Niguel. Duties include
geotechnical review of entitlement, engineering, and building projects for permitting purposes, as
well as communication with City staff on a regular basis. Our professional staff communicates
via telephone, email, fax, and in- person with permit applicants and geotechnical consultants
when appropriate. In addition, GMU provides additional services to the Cities of Chino Hills,
Laguna Niguel, and Dana Point on an as- needed basis. These services range from emergency
landslide cleanup and repair to geotechnical design for public works projects.
Other notable items in regards to GMU's service to municipalities include:
• GMU staff has over 20 years experience providing geotechnical services to ten
different municipalities;
• GMU staff has extensive experience interacting with City staff for a variety of
services, particularly permitting and review services;
• GMU staff has developed geotechnical review guidelines as well as several Code
supplements for adoption by several Cities;
• GMU has developed innovative billing and cost - tracking techniques for
streamlining the review process;
SOQ FOR CITY GEOT• NICAL CONSULTING SERVICE • M CW
• GMU staff, through their involvement with CalGeo (formerly CGEA), was
involved in developing a technical Code comparison between the 2001 California
Building Code and the recently adopted 2007 California Building Code;
• GMU staff has made formal presentations at meetings with City staff, City
Councils, and Planning Commissions;
• GMU staff has provided emergency landslide response and coordinated with
FEMA and dES for funding and repair of failures on municipal property;
• GMU has provided legal representation to several municipalities in regards to slope
problems or inverse condemnation issues;
• GMU staff has designed numerous MSE walls, has published papers on the subject,
and has extensive experience in evaluation of MSE wall failures;
• GMU staff has extensive experience in the geotechnical invegtigation, design, and
observation of large grading projects;
• GMU regularly performs pavement design and analyses for roadways and parking
areas.
CITY GEOTECHNICAL EXPERIENCE
GMU's professional staff provides consulting services for the Cities of Chino Hills, Laguna
Niguel, and Dana Point, as summarized below:
• Chino Hills —
• Review services for entitlement and engineering
• Communication with permit applicants
• Consulting for Public Works projects
• Consulting for Parks and Recreation projects
• Geotechnical services for streets and City -owned developments
• Slope evaluation and geotechnical repair services
• Emergency services, including slope failures and landslides
Laguna Niguel —
o Review services for entitlement, engineering, and building
• Communication with permit applicants
• Consulting for Public Works projects
• Consulting for Parks and Recreation projects
• Geotechnical services for streets and City -owned developments
• Geotechnical services for construction of City offices
• Slope evaluation and geotechnical repair services
• Emergency services, including slope failures and landslides
SOQ FOR CITY GEOTE • ICAL CONSULTING SERVICES NCW
• Dana Point —
o Consulting for Public Works projects
• Geotechnical services for streets and City -owned developments
• Consulting for Parks and Recreation projects
• Slope evaluation and geotechnical repair services
• Emergency services, including slope failures and landslides
• Geologic observation and consulting for ocean bluff failures and debris falls
GMU's Vice President and Principal Engineer, Mr. Greg Silver, has extensive experience since
1989 working for numerous Cities serving in the capacity as the City's Geotechnical Engineer.
A sampling of these Cities is listed below:
• Malibu
• Moorpark
• Rancho Palos Verdes
• Vista
• Agoura Hills
• Palos Verdes Estates
• Hidden Hills
Mr. Silver's experience within these municipalities includes review work, policy establishment,
geotechnical design for City projects, landslide disaster response, coordination with FEMA and
other state and federal agencies, legal/forensic representation, as well as presentations to City
Council, Planning Commission, and other City appointed groups.
COUNTY OF ORANGE GEOTECHNICAL EXPERIENCE
GMU routinely performs geotechnical consulting services to the County of Orange on a wide
variety of projects. Currently GMU is ranked No. 2 on a list of over 30 geotechnical firms
eligible to perform work for the County. Select on -going projects are listed below.
• Trabuco Creek Levee Improvement Project
• Laguna Canyon Road — Segment 4 Widening
• Lincoln Avenue Widening
• La Pata Gap Closure Project
• Ortega Highway Widening at La Pata
SOQ FOR CITY GEOT• NICAL CONSULTING SERVICES 9 cm
REFERENCES
GMU takes pride in developing relationships with our clients. In that regard, we recommend the
following contacts be considered for references:
Mr. Robert P. Lenard, Director of Community Development
City of Laguna Niguel
27781 La Paz Road
Laguna Niguel, CA 92677
(949) 362 -4360
Mr. Winston Ward, Assistant Community Development Director
Building Services, City of Chino Hills
14000 City Center Drive
Chino Hills, CA 91709
(909) 364 -2781
Mr. Matthew Sinacori, City Engineer
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629
(949) 248 -3574
Mr. Harry Persaud, Chief — Transportation Planning
300 N. Flower Street
Santa Ana, CA 92702 -4048
(714) 834 -5282
Mr. Mike Costello, County Materials Engineer
County of Orange
1152 E. Fruit Street
Santa Ana, CA 92701
(714) 567 -7843
Additional references are available upon request.
SOQ FOR CITY GEOTE•NICAL CONSULTING SERVICES MCM
SELECT LOCAL GMU PROJECT EXPERIENCE
In addition to the variety of geotechnical services we provide to several governing agencies in
southern California, GMU also works with land planners, water districts, municipal public works
agencies, and design engineers during the engineering design and specification writing process
in order to provide critical geotechnical engineering, geologic, structural, and seismic design
parameters for a variety of projects.
GMU has provided services for a number of projects in the City of Newport Beach. Details are
provided below for several representative projects within and/or adjacent the City of Newport
Beach.
Fault Studies
Banning Ranch — GMU performed a comprehensive geotechnical investigation for the
proposed Banning Ranch Development. The investigation included a major study of the
North branch of the Newport Inglewood fault zone.
Large Hillside Developments
Crystal Cove Development — GMU was the lead geotechnical engineer for a majority of
the Crystal Cove Development. The project involved research, design, and monitoring of
extremely deep fills and high slopes.
Newport Coast — GMU performed geotechnical investigations and construction
observations for various developments throughout Newport Coast.
Large/High Rise Commercial Structures
Newport Center - GMU has performed geotechnical investigations for several
commercial structures in Newport Center including the 680 Newport Center Drive office
and parking structure. We are currently working on projects at 500 and 600 Newport
Center Drive.
• Hoag Hospital — GMU staff participated in the geotechnical design and construction of
the Hoag Hospital Cancer Center and Emergency Room Buildings.
• MacArthur Court Office Complex and Koll Center Newport Office Complex - GMU staff
has performed geotechnical investigations and geotechnical construction observations for
both of these major office complexes.
SOQ FOR CITY GEOTE • ICAL CONSULTING SERVICES ®CW
Harbor Studies
Lido Shipyard Improvements — Investigated, designed, and provided observation and
testing services for the foundation pad for a large boat lift crane and adjacent pavement
and appurtenances.
Various Sea Wall Distress Evaluations — Evaluated numerous distressed and failing sea
walls on both Lido and Balboa Islands, and adjacent waterfront areas. Prepared repair
recommendations and performed observation and testing services during repairs.
Dredging Sediment Study — Performed dredging study of Dana Point Harbor for the
County of Orange involving side scanning sonar along with near shore sediment
sampling.
Landslides /Slope Repairs
• Buck Gully Landslide — Monitored landslide movement and performed repairs to prevent
damage to adjacent homes and property in the headscarp area of the slide.
Various Big Canyon Slope Repairs — GMU has been retained on numerous occasions to
investigate slope failures at the Big Canyon Country Club. The work also included
developing design recommendations and overseeing the repair.
Construction Vibration Monitoring
Various single - family residential construction projects on Lido and Balboa Islands, and
the Peninsula.
Apartments and Hotels
Newport Beach Country Club Renovations — GMU is currently involved in the design of
renovations to the Newport Country Club from a geotechnical perspective.
Fashion Island Hotel and Apartments — GMU staff has been involved in the geotechnical
engineering, design, and construction of: the Fashion Island Renaissance Major Mall and
Parking Structures Expansion and the Four Season hotel (now the Island Hotel), The
Colony Apartments, and Park Newport Apartments.
Roadways
Vista Ridge Road — GMU performed all of the design and construction observations for
Vista Ridge Road in Newport Coast.
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SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES
i
Newport Coast Drive — Seismic refraction studies were performed for Newport Coast
Drive during the initial planning phases.
• MacArthur Boulevard and Bison Road — GMU performed construction observation and
testing services for the widening of MacArthur Boulevard and Bison Road.
GENERAL TECHNICAL CAPABILITIES AND GEOTECHNICAL SERVICES
GEOTECHNICAL ENGINEERING AND ENGINEERING GEOLOGY
• CITY GEOTECHNICAL SERVICES
GMU currently serves as City Geotechnical Engineer and Geologist for the City of Laguna
Niguel and the City of Chino Hills. Responsibilities include: 1) review of geotechnical
reports submitted to the City, 2) development of geotechnically related codes, ordinances,
and policies, 3) design and general input for City projects, 4) attendance at City Council
meetings and Planning Commission meetings, on an as- needed basis, and 5) assisting the
City on legal/forensic - related matters.
• PUBLIC WORKS CONSTRUCTION
GMU has provided investigative, design, and construction services for roadways, bridges,
reservoirs, dams, storm drain and other utility pipelines, parks and sports parks, and many
other types of public works projects.
• TRANSPORTATION PROJECTS
We have provided various levels of geotechnical services for many transportation projects
including bridges, roadways, and railways. GMU engineers and geologists are intimately
familiar with Caltrans standards, analytical methodologies, and requirements.
HILLSIDE DEVELOPMENT/LANDSLIDE ANALYSIS
Our company is uniquely qualified in geotechnical studies and
planning for hillside development. Our engineering geologists
are very well trained in identifying landslides, assessing their
impact on the development, and providing mitigating measures.
• SLOPE STABILITY
Our geotechnical engineers and geologists are experienced in analyzing both the static and
dynamic stability of existing and proposed slopes, and developing recommendations to
stabilize slopes. Analyses are performed using appropriate stability methods and state -of-
the -art computer software. Dynamic analytical methods range from pseudo - static analyses
to slope deformation analyses.
SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES
0 M tW
• FOUNDATION ENGINEERING
Our geotechnical engineers have extensive experience in detailed geotechnical analysis and
foundation design for sites with special considerations such as liquefaction, compressible
and collapsible soils, expansive soils, fill/bedrock transitions, and deep fills. Our engineers
have provided recommendations for all types of foundation options including: piles,
tiebacks, mat foundations, post- tensioned foundations, standard slab -on -grade systems,
etc., as well as various combination systems.
• GEOTECHNICAL SITE EVALUATIONS
We provide both initial and complete site evaluations to help our clients avoid
unexpected problems. Our engineering geologists are specialists in evaluating soil, rock,
and groundwater conditions for proposed and existing developments.
• LIQUEFACTION STUDIES
GMU engineers and geologists can perform detailed and comprehensive liquefaction and
seismic settlement estimates. We utilize state -of -the -art techniques implementing the latest
technology (i.e., cone penetration testing, seismic refraction, in situ energy calibration for
SPT testing, etc.). Probabilistic as well as deterministic -based analyses can be performed.
• FAULT STUDIES
GMU geologists have performed a wide variety of fault studies of active and potentially
active fault zones throughout California. Fault evaluations also include studies pursuant to
the guidelines of the Alquist - Priolo Earthquake Fault Zone Act.
• EARTHQUAKE GROUND MOTION STUDIES
Our engineers and seismic geologists are capable of performing both probabilistic and
deterministic ground motion analyses. Seismic response spectra can be developed for a
wide variety of engineered structures.
• GEOTECHNICAL INSTRUMENTATION
GMU has the capabilities and expertise to install and monitor
geotechnical instrumentation including piezometers, extensometers, strain
gauges, settlement gauges, and slope inclinometers. GMU has extensive
experience in the interpretation of geotecbnical monitoring data as well as
other types of deformation monitoring (i.e., survey points).
• FORENSIC ENGINEER] NG/DISPUTE RESOLUTION
We have provided forensic engineering services and third -party review services related to
large landslides, MSE wall/cribwall /retaining wall stability, settlement and subsidence, and
many other projects. Select GMU personnel are experienced in deposition and court
testimony.
10
SOO FOR CITY GEOTECHNICAL CONSULTING SERVICES
APPLIED GEOPHYSICS /CONSTRUCTION VIBRATION ANALYSIS
• APPLIED GEOPHYSICS
GMU provides seismic refraction services pertaining to
rippability, fault, groundwater, and seismic response studies.
GMU utilizes a state -of -the -art 12- channel seismograph to
perform seismic refraction surveys.
BLASTING AND CONSTRUCTION VIBRATION ANALYSES AND CONSULTATION
Our geologists provide blasting and ground vibration consulting, preparation of blasting
plans, and ground vibration monitoring related to blasting and construction projects. GMU
also provides consultation on forensic issues as they relate to blasting and vibration - related
distress.
PAVEMENT ENGINEERING AND DESIGN
• NEW PAVEMENT DESIGN
Services include determining the pavement section for various types of pavement uses and
traffic indices. GMU specializes in providing recommendations for both conventional and
rubberized asphalt overlays.
• PAVEMENT DISTRESS EVALUATION
Evaluation of pavement distress using deflection testing, ground penetrating radar, and
pavement coring, and development of cost - effective rehabilitation recommendations.
• PAVEMENT CONSTRUCTION TESTING AND SPECIFICATION REVIEW
Services include asphalt mix design review, oversight of field and batch plant inspection,
and laboratory testing for asphalt concrete, including Hveem maximum density, Hveem
extraction, and asphalt aggregate gradation.
GEO- STRUCTURAL ENGINEERING
MECHANICALLY STABILIZED EARTH (MSE) WALL DESIGN
GMU provides full design and construction observation services
for MSE walls. Design services include calculations and
development of plans for bidding.
SOQ FOR CITY GEOTE•NICAL CONSULTING SERVICES m tam
• CANTILEVERED WALLS, SOLDIER PILE, AND TIE -BACK DESIGN
GMU performs structural design for all types of structures that involve earth stabilization
including: cantilevered walls, slope tie -backs and tie -back walls, soldier pile walls, and
tieback soldier pile walls. Services include calculations and development of plans for
bidding. GMU is currently completing design for a tie -back solider pile for the City of
Palos Verdes Estates.
GEO- ENVIRONMENTAL ENGINEERING
• Services include: evaluation of in situ percolation testing, evaluation of effects of
percolation on existing structures and groundwater, and development of design
recommendations for permeable pavements and subsurface groundwater storage.
LABORATORY TESTING
GMU maintains a complete soil and rock mechanics laboratory. Our laboratory equipment is
continually updated and calibrated to meet the most current specifications. Our laboratory is
approved by the Califomia Department of Transportation (Caltrans) and other public agencies.
• COMMITMENT TO QUALITY
GMU ensures quality laboratory services with state -of -the -art equipment, an in -house
QA/QC program, strict compliance with industry standards, and total customer satisfaction.
FULL RANGE OF GEOTECHNICAL TESTING
GMU's laboratory testing includes triaxial shear, consolidation, direct shear, corrosivity,
classification, compaction, moisture- density, expansion potential, permeability, etc.
ICONSTRUCTION MATERIALS TESTING
GMU provides quality control testing and inspections during construction for asphalt, concrete,
masonry, and steel for compliance with project specifications.
12
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GEOTECHNICAL, INC.
SCHEDULE OF CHARGES
t �
PROFESSIONAL SERVICES
23241 Arroyo Vista
Rancho Santa Margarita
CA 92688
voice: 949.888.6513
fax: 949.888, 1380
web: w ..gnnugeo.conr
Principal Engineer or Geologist
$ 200.00/hour
Associate Engineer or Geologist
$ 180.00/hour
Senior Engineer or Geologist
$ 160.00/hour
Project Engineer or Geologist
$ 145.00/hour
Staff Engineer or Geologist
$ 130.00/hour
Deposition/Testimony
$ 375.00/hour
TECHNICAL SUPPORT SERVICES
Engineering Technician $ 100.00/hour
Engineering Seismological Technician (includes 3-channel seismograph) $ 135.00/hour
Seismic Refraction Studies (includes 2- person staff and 12- channel seismograph) $ 400.00/hour
Special Registered Inspector (4 hour minimum) $ 90.00/hour
Laboratory Testing $ 92.00/hour
Concrete, Grout, or Mortar Compression Test and Report $ 60.00 /test
Notes: (1) Overtime for field personnel will be charged at 1.5 times the base rate. Overtime is
defined as the time worked on the project in excess of 8 hours per day and all time on
Saturdays, Sundays, and holidays.
(2) The above rates for field testing services do not apply for prevailing wage projects.
Prevailing wage rates will be determined on a project - specific basis.
SUPPORT SERVICES
Graphic Illustration /CADD $ 90.00/hour
Report Preparation $ 78.00/hour
9:31 71
Pneumatic Piezometer Indicator $ 65.00 /day
Slope Inclinometer Monitoring Equipment $ 100.00 /day
Mileage $ 0.50 /mile
Outside Services Cost + 15%
Fax #: • •
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 6/17/2009
Dept. /Contact Received From: Shauna Oyl
Date Completed: 6/19/2009 Sent to: Shauna Oyler By: Jennifer
Company /Person required to have certificate: GMU Geotechnical, Inc.
I. GENERAL LIABILITY
A.
INSURANCE COMPANY: Travelers Property Casualty Co of America
A.
B.
AM BEST RATING (A: VII or greater): A +: XV
B.
C.
ADMITTED Company (Must be California Admitted):
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? $1MM /$2MM/$2MM
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? ® Yes
❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
® Yes ❑ No
F.
included? ® Yes
❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included? ® Yes
❑ No
H.
CAUTION! (Confirm that loss or liability of the named
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
insured is not limited solely by their negligence) Does
endeavor wording.
endorsement include "solely by negligence" wording? ❑ Yes
® No
I.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
11. AUTOMOBILE LIABILITY
A.
INSURANCE COMPANY: Travelers Indemnity Co. of Conn
B.
AM BEST RATING (A: VII or greater) A +:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M min. BI & PD and $500,000 UM):
What is limits provided?
$1,000,000
E.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
® Yes ❑ No
F.
PRIMARY & NON- CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A
❑ Yes ❑ No
G.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
0
11I. WORKERS' COMPENSATION
0
A. INSURANCE COMPANY: American Automobile Insurance Company
B. AM BEST RATING (A: VII or greater): A: XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® Yes ❑ No
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
!Ui; 0 9 2099
tt�
N N� 10
June 9, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen Luy, P.E.
949 -644 -3330 or sluy @city.newport- beach.ca.us
SUBJECT: ON CALL GEOTECHNICAL SERVICES
APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS
RECOMMENDATIONS:
Approve Professional Services Agreements with GMU Geotechnical, Inc. for on -call
geotechnical services and authorize the Mayor and City Clerk to execute the
Agreement.
Approve Amendment No. 2 to Professional Services Agreement with Harrington
Geotechnical for on -call geotechnical material and compliance testing services and
authorize the Mayor and City Clerk to execute the Amendment.
DISCUSSION:
On -Call Professional Services Agreements (PSAs) were developed to avoid a large
volume of small but time - consuming agreements between the City and consultants to
accomplish on -going project tasks for implementation of the Capital Improvement
Program (CIP). The On -Call PSA is identical to the standardized PSA used by the City
with the exception of Section 2 (Services to be Provided) and Section 4 (Compensation
to the Consultant). These sections have been modified to allow the consultant to
provide services for multiple projects at fees that are set for a two year period of time.
In accordance with Council Policy F -14, staff requested statements of qualifications
from local firms. Based on the qualifications received, staff is recommending approval
of a Professional Services Agreement with GMU Geotechnical, Inc. to provide on call
geotechnical services which include performing studies, analysis, and design as
required for various City projects. GMU Geotechnical, Inc. has performed geotechnical
services including design and analysis and has shown a high quality of work when
interacting with several public agencies. The firm recently completed well - performed
geotechnical services for streets and city -owned developments for the Cities of Laguna
Niguel and Dana Point. GMU Geotechnical will replace Leighton Engineering as our
. Geotechnical Services - Appr& Professional Services Agreement
June 9. 2009
Page 2
6 6pfr otechnical engineer. However, Leighton will continue to focus their services
on-exi g contracts for geotechnical work on City Hall and Marina Park.
We are also recommending a continuation of the current agreement with Harrington
Geotechnical Engineering which expires on June 30, 2009. City Council originally
approved a Professional Services Agreement with Harrington Geotechnical Engineering
on June 28, 2005 and extended that agreement on May 8, 2007 to provide as needed
on -call material testing and compliance services for many of our Capital Improvement
Program (CIP) projects. This firm has provided exceptional high quality service on
numerous projects and has maintained lower rates as their focus is in material testing
and compliance.
The proposed On -Call PSAs for both companies would be effective for a two year
period through September 30, 2011. Rates included in the agreements are competitive
and in line with industry standards. Please see the attached Rate Comparison Table.
Funding Availability:
Funds for these services are available in specific project accounts within the City
Council approved Capital Improvement Program.
Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project.
Prepared by:
Stephen Luy, P.E.
Associate Civil Engineer
Submitted by:
Director
Attachment: Agreement with GMU Geotechnical, Inc.
Amendment No. 2 with Harrington Geotechnical Engineering
Rate Comparison Table
RATE COMPARISON TABLE
HARRINGTON GEOTECHNICAL
ENGINEERING. INC.
0
Position
2007 Hourly Rates
2009 Hourly Rates
Hourly Rate
Increase
Principal Engineer /Geologist
$85
$100
$15
Senior Engineer /Geologist
$85
$100
$15
Supervisor
$75
$90
$15
Geotechnical Aide
$65
$74
$9
Senior Technician
$55
$85
$30
Special Inspector (Grading)
$80
$87
$7
Special Inspector (Building
Construction)
$65
$85
$20
Draftsperson
$60
$65
$5
Clerical Personnel
$36
$40
$4
Amount Expended 6/2007 - 6/2009
Balboa Village Alley Replacement
$
7,221.00
Birch Street Rehabilitation
$
4,354.00
Cliff Drive Park Stairway & Handrail
$
3,000.00
Corona del Mar Street Rehab
$
18,468.00
Dover Drive Sidewalk Improvements
$
6,888.00
East Bay Ave. & A Street Rehab
$
4,861.00
Eastbluff Dr. Street Rehab
$
15,420.00
Fire Station Training Facility
$
17,850.00
Little Corona Restroom
$
1,631.50
Mariners Park Improvements
$
7,000.00
McFadden Square Centennial Monument
$
1,309.00
Newport Coast Drive & Pelican Hill Rd.
$
15,000.00
Newport Coast Retaining Wall
$
1,756.00
Newport Theatre Arts Center Lobby Add.
$
20,000.00
Sidewalk, Curb & Gutter Replacement FY 07-08
$
5,200.00
Superior Ave Street Rehab
$
15,000.00
Superior Ave. Median Improvements
$
6,500.00
Via Lido Crib Wall Replacement
$
11,500.00
West Ocean Front Alley Water Main
$
10,000
Total
$
186,858.50
0
GMU GEOTECHNICAL, INC.
E
Position
2007 Hourly
Rates
2009 Hourly Rates
Hourly Rate
Increase
Principal Engineer /Geologist
N/A
$200
N/A
Senior Engineer /Geologist
N/A
$180
N/A
Associate Engineer /Geologist
N/A
$160
N/A
Project Engineer /Geologist
N/A
$145
N/A
Staff Engineer /Geologist
N/A
$130
N/A
Engineering Technician
N/A
$100
N/A
Engineering Seismological
Technician
N/A
$135
N/A
Seismic Refraction Studies
N/A
$400
N/A
Special Registered Inspector
N/A
$90
N/A
* On -Call Agreement with Leighton Consultants, Inc. will expire in June 30, 2009, and will not be
renewed.
0
•
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT WITH
HARRINGTON GEOTECHNICAL ENGINEERING, INC.
FOR ON -CALL GEOTECHNICAL SERVICES
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT,
is entered into as of this _ day of , 2009, by and between the CITY
OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and HARRINGTON
GEOTECHNICAL ENGINEERING, INC. a California Corporation whose address is
1590 North Brian Street, Orange, California, 92867 ( "CONSULTANT "), and is made
with reference to the following:
RECITALS:
A. On September 12, 2005, CITY and CONSULTANT entered into an On -Call
Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for
geotechnical services to assist the City in executing its Capital Improvement
Program.
B. CITY and CONSULTANT have entered into one separate AMENDMENT of the
AGREEMENT, dated May 8, 2007.
C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional
services not included in the AGREEMENT or AMENDMENT NO. ONE and to
extend the term to September 30, 2011.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. TWO", as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Consultant shall be compensated for various services performed pursuant to
AMENDMENT NO. TWO and according to AMENDMENT NO. ONE dated May
8, 2007, attached hereto respectively as Exhibit A.
2. Consultant's compensation for services performed as identified in the Letter
Proposal, including all reimbursable items and subconsultant fees, shall not
exceed $50,000 for each project.
3. Compensation to the Consultant for services perforated pursuant to this
AMENDMENT NO. TWO for all worked performed from July 1, 2009 to
September.30, 2011, including all reimbursable items and subconsultant fees,
shall be based on the Schedule of Billing Rates, attached hereto as Exhibit B.
0
4. The term of the AGREEMENT shall be extended to September 30, 2011.
5. Except as expressly modified herein, all other provisions, terms and covenants
set forth in the AGREEMENT shall remain unchanged and shall be in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO.
TWO on the date first above written.
APPROVED AS TO FORM:
By:
ynet e u hamp
Assistant City orney
for the City of Newport Beach
ATTEST:
Leilani Brown,
City Clerk
for the City of Newport Beach
CITY OF NEWPORT BEACH,
A Municipal Corporation
Edward D. Selich
Mayor
for the City of Newport Beach
HARRINGTON GEOTECHNICAL
ENGINEERING, INC.:
In
IN
Attachments: Exhibit A - Amendment No. One
Exhibit B - Schedule of Billing Rates
Don P. Harrington, Jr.,
Vice President
Edith Harrington,
Secretary and Treasurer
m •
x
Mmi
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC.
FOR ON -CALL GEOTECHINCAL SERVICES
THIS AMENDMENT NO. 1 O PROFESSIONAL SERVICES AGREEMENT, entered
into this � day of , 2007, by and between the CITY OF
NEWPORT BEACH, a municipal orporation, (hereinafter referred to as "City ") and
HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California corporation whose
address is 1590 North Brian Street, Orange CA 92687 ( "Consultant "), and is made
with reference to the following:
RECITALS
A. On September 12th, 2005, CITY and CONSULTANT entered into a On-
Call Professional Services Agreement, hereinafter referred to as
"Agreement ", for Geotechnical Services to assist the City in executing its
Capital Improvement Program. This Agreement is scheduled to expire on
_June 30th, 2007.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 30th, 2009.
C. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. V, as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform various geotechnical services pursuant to this
Amendment No. 1 and according to the Request to Extend On -Call
Services Agreement dated April 19, 2007, attached hereto as Exhibit A.
2. Compenstaiton to the Consultant for for services performed pursuant to
this Amendment No. 1 for all work performed from July 1, 2007 to June
30, 2009, including all reimburseable items and subconsultant fees, shall
be based on the attached Schedule of Billing Rates (Exhibit B).
3. The term of the Agreement shall be extended to June 30, 2009
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By:_ A ceLl (S
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By V�'A r�
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
y�
Mayor
for the City of Newa Beach
HARRINGTON GEOTECHNICAL
ENGINEERING, INC.: ,
IN
Title: Vice President
Print Name:
By: e�
(Financial Officer)
Title: , - ,✓
Print Name:,�A /Tip r7+G %�i0 %Q/I
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Shedule of Billing Rates
f: luserslobvAsharedlagreementslfy 07 -081on -call seniicesftrrington Amendment.doc
!proton
April 19, 2007
Mr. Michael J. Sinacori, P.E.
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Re: Request to Extend On— Call Services Contract
Dear Mr. Sinacori:
EXHIBIT A
PROPOSAL DUE April 20, 2007
Harrington Geotechnical Engineering Inc., appreciated your kind compliments and the
opportunity to be of continual service to the City.
Certifications for technicians likely to participate on City projects are enclosed.
As always, we would like a minimum of 24 hour advance notice to dispatch our personnel.
However, as in the past we will respond with less notice if at all possible.
We have enclosed the resume of Joseph Welch, P.E., R.G.E., R.E.A., who will provide
assistance on any technical issues'that may arise on City projects.
A revised fee schedule that will be In effect for July 1, 2007 through June 30, 2009 is
enclosed. These new rates include CPI increases and anticipated increases determined by
the director of industrial relations.
Again, we appreciate being able to provide our services to the City and look forward to
being of continued service. If you have any questions, please do not hesitate to call.
Very truly yours,
HARRINGTON GEOTECHNICAL ENGINEERING, INC.
ngton, Jr P EA
Vice President
DPH: mvp
Enclosures
Taft/Main Corporate Center, 1590 North Brian Street, Orange, CA 92867 (714) 637 -3093 • (600) 924 -7645 • FAX (714) 637 -3096
Personnel
Principal Engineer /Geologist ...................................................
............................... $
85
Per Hour
Senior Engineer /Geologist .....................................................
............................... S
85
Per Hour
Supervisor.................................................................
............................... $
75
Per Hour
GeotechnicalAide ...........................................................
............................... $
65
Per Hour
Senior Technician (Soil, Concrete, Asphalt Concrete) .................................
............................... $
55
Per Hour
Technician (Soil, Concrete, Asphalt Concrete) .....................................
............................... $
52
Per Hour
SpecialInspector (Grading) ....................................................
............................... $
80
Per Hour
Special Inspector (Building Construction) ................................ ...............................
.......... $
65
Per Hour
Draftsperson ................................................................
............................... $
60
Per Hour
Clerical Personnel ...........................................................
............................... $
36
Per Hour
Field VehiclesfEquipment
FieldVehicle ................. ............................... ......................
........................ $
6
Per Hour
Nuclear Gauge ................................................................
..............................$
6
Per Hour
Prevailing Wage Projects
Senior Technician (Soil, Asphalt Concrete) /Special Inspector (Building Construction)
- Site Time ........... I ..................... $ 80 Per Hour'-'
- Travel Time .............................. $ 67 Per Hour"
Notes: ` - This rate is subject to change in accordance with prevailing wage rates set by the Director of Industrial Relations.
July 1, 2006 thru June 30, 2009, Site Time 382.00, Travel time $68.00
- Nuclear Gauge and /or Field Vehicle charge included.
' - Travel time does not apply to Special Inspector.
Preparation of Certified Payroll Report ............................................... ............................... $100 each
Consulting on Legal Matters - Deposition Testimony, Eapert Witness Testimony; Preparation for Trial and Court
Appearances
Principal Engineer /Geologist .................................................... ............................... $300 Per Hour
Senior Engineer /Geologist ...................................................... ............................... $275 Per Hour
($1,200.00 Minimum Professional Fee Per Case) .
Basis of Charges
Travel time will be added to job site time to determine total charges. Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess
of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times the
appropriate hourly rates.
Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections
performed before noon or beginning after noon, 8 hours for inspections performed in excess of hours or extending past noon.
A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project. A minimum of two
(2) hours, including travel time, will be charged for each site visit.
Prevailing Wage Projects
Daily straight time rates will apply to first 8 hours worked Monday- Friday. Overtime rates will apply as follows: Daily - 1.5x straight time rate for first.
4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Saturday - 1.5x straight time rate for first 12 hours, 2.Ox straight time
rate for overtime in excess of 12 hours; Sunday /Holiday - 2.Ox or 3.Ox straight time rate, depending on holiday.
Geotechnical Laboratory Charges
Maximum Density- Optimum Moisture Test
- ASTM D1557 .......................................................... ............................... $ 85 Each
- California Method 216 .................................................. ............................... $ 100Each
-I -Point Verification(ASTM D1557) ....................................... ............................... $ 55 Each
MoistureContent Test ........................................................... ............................... $ 15 Each
Moisture & Density Test ......................................................... ............................... $ 17 Each
Sieve or Hydrometer Analysis ...................................................... ............................... $ 63 Each
Sieve & Hydrometer Analysis Combined ............ . ......... S 115 Each
........................ ...............................
(over)
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LM
eot�rhnie9l
Personnel eeI'Ii>g Ine
Principal Bngineer/Geologist ..................................................
............................... S
100 Per Hour
Senior Engineer/ Geologist ....................................................
............................... $
100PerHour
Supervisor................................................................
............................... S
90 Per Hour
Geotechnical Aide ..........................................................
............................... S
74 Per How
Senior Technician (Soil, Concrete, Asphalt Concrete) Site Time .......................
. ............................. S
85 Per Hour
TravelTime .................................................. ...............................
............ . S
70 Per Hour
Special Inspector (Gmding) ...................................................
............................... S
87 Per Hour
Special Inspector (Building Construction) Site Time ................. ...............................
. .............. S
85 Per Hour
Draftsperson ................................ ...............................
............................... S
65 Per How
Clerical Personnel ..........................................................
............................... S
40 Per Hour
Preparation of Certified Payroll Report .................. ............................... ...........................$100 each
Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and Court
Appearances
Principal Engines/ Geologist ......................... ............................... ...........................$350 Per Hour
Senior Engineer/ Geologist ........................... ............................... ...........................$300 Per Hour
($1,500.00 Mintinum Professional Fee Per Case)
Basis of Charges
Travel time will be added to job site time to determine total charges. Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess
of eight hours par day and for work performed on Saturdays Charges for work pufomred on Sundays and/or holidays will be billed at two times the
appropriate hourly rates.
Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections
performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 hours or extending pest noon.
A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project A minimum of two
(2) hours, including travel time, will be charged for each site visit.
Daily straight time rates will apply to fast 8 hours worked Monday- Friday. Overtime rates will apply as follows: Daily - I.Sx straight it= race
for first 4 overtime hours, 2.ox straight time rate for overtime hours in excess of 4 hours, Saturday - 1.Sx straight time rate for first 12 hours,
2.0x straight time rate for overtime in excess of t2 hours; Snmday0tili day .2.0x or 3.0x straight time rate, depending an holiday.
Geotechnical Laboratory Charges
Maximum Density - Optimum Moisture Test
.ASTM D1557 ......................................................... ............................... $ 90 Each
- Califamia Method 216 .................................................. ............................... S II Much
- 1 -Point Verification (ASTM D1557) ....................................... ............................... S 60 Each
Moisture Content Test ........................................................... ............................... $ 16 Each
Moisbre&Density Test ......................................................... ............................... $ 19 Each
Sieve or Hydrometer Analysis ..................................................... ............................... $ 70 Bach
Sieve & Hydrometer Analysis Combined ............................................. ............................... $ 120 Each
Sand Equivalent Test ............................................................ ............................... S 40 Bach
Collapse Potential Test ............................ ............................... "..'..................,....... S too Bach
Consolidation Test -With TmmeRat e ................................................ ............................... S 120 Poch•
- Without Tim Rate ......... : ....... ........................................................... $ I10 Each
Direct Shear Test -Fast ........................................................ ............................... $ 125 Bach'
"Add S60 F41incaiion Giargs for Tests on Ronwlded Sbecunear.
Attedrergidmits(LL & PI. Only) ................................................... ............................... $ 140 Bach
Expansion index Test ............................................................. ............................... S 95 Each
Hveem Stabitorneter (R- value) Test - ( Soil) ............................................ ............................... S 270 Bach
Hveem Stabilomcter (R- value) Test - (Aggregate Base) (Cal 301 or ASTM 2844) .............. ............................... S 225 Bach
Water - Soluble Sulfate Test ...................................................... ............................... ... S 55 Each
(over)
Ta17Main Corporate Center, 1590 North Brian Street, Orange, CA 92067 (714) 037 -3083 IBM) 924 -7645 FAX (714) 637.3096
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Concrete Coring
2' to 8" diameter up to 6" thick .... .... .......... ............................ :... ...............................
S 75 Per Core
Additionalthickness .................................................... ..............................$
15 Perlach
Mobilizat ion - Demobilization Charge (Ported -to- Portal) ............................... ...............................
$ 140 Per Hour
Concrete Laboratory Charges
Compression Test
Concrete Cylinder: (ASTM C39) ........................................... ...............................
S 20 each
Mortar Minders (ASTM C39) ............................................ ...............................
$ 20 Each '
Great Prisms .Wr ifomr Building Code Standard 24 -28) ......................... ...............................
$ 20 Each '
SamplePick -Up ................................................................ ...............................
S Quotation
'Includes Molds & Report of Resahs
Asphalt Concrete Laboratory Charges
Maximum Density Determination (Cal 304m 2 pt, Average) ............................... ...............................
S 175 Each
Stability Value (Cal 366) .......................................................... ...............................
$ 120 Each
Extraction/Gradation ............................................................. ...............................
$175 Each
Miscellaneous Charges
The charge for any tests not indicated above will be billed at cast plus 15 percent Laboratory technician time will
be billed at the rate of $65 per hour
Fax Transmission ($5.00 minimum) ............................................. ............................... $ 1.50 Per Page
Effective Date Sat. 2ZNk
This Fee Schedule will remain in effect throughout the period July 1, 2009 through km430, 294e.
Expenses
Job - related expenses (per diem, long distance telephone calls, permits, outside printing services, special tests, etc.) will be billed at cost plus 15 percent.
Report reproduction (in- house) will be billed at cost.
Terms of Payment
Monthly invoices will be issued for work in progress and a final invoice will be issued upon completion of services Payment is due upon presentation
of invoice and, if not contested within fourteen (14) calendar days, is past due thirty (30) days from date of invoice. Past due accounts may be subject to
a carrying charge of 18 percent per annum (or the maximum rate allowed by law) until paid in full. Attorney fees or other collection costs incurred in
connection with a past due account will be charged to the client
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E
PROFESSIONAL SERVICES AGREEMENT WITH
GMU GEOTECHNICAL, INC. FOR
ON -CALL GEOTECHNICAL CONSULTING SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and GMU GEOTECHNICAL, INC., a California corporation whose
address is 23241 Arroyo Vista, Rancho Santa Margarita, California, 92688
( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for geotechnical consulting services.
C. City desires to engage Consultant to perform on -call geotechnical services
throughout the City on an as need basis ('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be GREGORY
P. SILVER.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of September, 2011, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" geotechnical services as described in the
Statement of Qualifications attached as Exhibit "A." Upon verbal or written
request from the Project Administrator, Consultant shall provide a letter proposal
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for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit 'B" and incorporated herein by
reference.
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No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and/or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
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
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times during the Agreement term. Consultant has designated Gregory Silver to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Dave
Webb shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
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8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or the acts
or omissions of its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
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conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
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B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non- renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
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4. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
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judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
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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
accurate records with respect to the costs incurred under this Agreement and
10
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
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any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Dave Webb
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Gregory Silver
GMU Geotechnical, Inc.
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
Phone: 949 - 888 -6513
Fax: 949- 888 -1380
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
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developed or accumulated in the performance of this Agreement, whether in
draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
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reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry,, sex or age.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
yne e . B au hamp
Assistant City orney
for the City of Newport Beach
ATTEST:
AA
Leilani Brown,
City Clerk
For the City of Newport Beach
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Edward D. Selich,
Mayor
for the City of Newport Beach
GMU GEOTECHNICAL, INC.:
By:
Gary K. Urban,
President
By:
Gregory P. Silver,
Vice President
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
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STATEMENT OF QUALIFICAT
CITY GEOTECHNIC
CONSULTING SERV Y''S
I
moomw I & Y mr-lw -
I F
23241 Arroyo Vista
M, CMU Rancho Santa Margarita
CA 92688
GEOTECHNICAI, INC. voice: 949.888.6513
fax: 949.888.1380
web: w gmugeo.com
March 30, 2009
Mr. Fong Tse
CITY OF NEWPORT BEACH
Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92663 GMU Proposal No. P -0940
Subject: STATEMENT OF QUALIFICATIONS — City Geotechnical
Consulting Services, City of Newport Beach, California
Dear Mr. Tse:
We are pleased to present this Statement of Qualifications- for Geotechnical Consulting
Services for the City of Newport Beach. GMU Geotechnical, Inc. (GMU) is a small business
enterprise (SBE) with over 40 years of experience in Orange County. GMU has significant
public works experience and acts as the City Geotechnical Consultant for the Cities of Laguna
Niguel, Dana Point, and Chino Hills. In addition, GMU has had extensive project experience in
the City of Newport Beach. In addition to our SOQ, we have enclosed our company brochure.
GMU welcomes the opportunity to meet with you and further discuss our firm's
qualifications.
I
Respectfully submitted,
GMU GEOVEGHNICAL, INC.
Gregory Sil , K .Sc., PE, GE
Vice Preside
Principal Eng' t r
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SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES Mcm
GMU GEOTECHNICAL, INC.
STATEMENT OF QUALIFICATIONS -
CITY GEOTECHNICAL CONSULTING SERVICES FOR
THE CITY OF NEWPORT BEACH, CALIFORNIA
COMPANY OVERVIEW
GMU Geotechnical, Inc. (GMU), a state certified Small Business Enterprise (SBE) was
established as a privately -owned company in 1968 to provide high - quality, cost- effective
geotechnical engineering services to a select group of public and private sector clients. We take
pride in our successful history of providing practical solutions to complex problems.
GMU Geotechnical is operated out of an 8,500- square -foot commercial building located in
Rancho Santa Margarita, Orange County, California. Our office is well equipped with state -of-
the -art computers, software for geotechnical analyses, an oversized plotter to generate plans, and
other tools to ensure efficiency and accuracy of our work. We operate a complete soil and rock
mechanics laboratory that is continually updated and calibrated to meet the most current
specifications. Our laboratory is approved by the California Department of Transportation
(Caltrans) and other public agencies.
Our staff consists of highly qualified registered professionals and engineering technicians with
experience in all phases of geotechnical engineering and engineering geology. GMU employs
four Professional and Geotechnical Engineers and three Certified Engineering Geologists, all of
whom are licensed by the State of California. We are confident of the skills and capabilities our
staff offers, and we are committed to providing our clients with high - quality, cost - effective
services. This is exemplified by both the number and variety of projects we have successfully
completed and the long -term relationships we have developed with our clients. Our projects
include public works and private sector developments, and have varied in size from single - family
residences to high -rise structures, water treatment plants, reservoirs, dams, transportation- related
projects, bridges, public infrastructure, landslide mitigation, and large hillside developments.
SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES mcm
MISSION STATEMENT
Building on a Heritage of Competence and Character, GMU is Committed to...
• Providing accurate and innovative geotechnical services tailored to the unique needs of our
clients in a cost - effective and timely manner.
• Maintaining integrity at every level of the organization and exhibiting personalized concern
for the objectives of our clients.
• The professional development and welfare of our staff.
KEY PROFESSIONAL STAFF FOR CITY SERVICES
GMU's key professional staff with regards to providing geotechnical services to the City of
Newport Beach, are described below:
Mr. Greg Silver, M.Sc., PE, GE — Greg currently is Vice President and Principal Engineer for
GMU. Greg has over 20 years of experience providing geotechnical services to numerous
governing agencies, including geotechnical review services. Locally, Greg was the lead
geotechnical engineer on the recently completed Banning Ranch Development Study.
Mr. Mike Moscron, M.Sc., PE, GE — Mike is a Principal at GMU and has had extensive project
experience in Newport Beach. He has performed numerous harbor- and dredging - related studies,
performed geotechnical design for wharf structures, and has performed third -party reviews of
geotechnical reports for the City of Newport Beach.
Ms, Lisa Bates - Seabold, PG, CEG — Lisa currently serves as the lead professional for
geotechnical services to the Cities of Chino Hills, Laguna Niguel, and Dana Point. She has
extensive experience in a variety of geotechnical projects for governing agencies and private
parties.
Mr. David Atkinson — Dave is a Senior Project manager at GMU. He has extensive experience
in Newport Beach including numerous projects in Newport Center, including the Newport Beach
Central Library, as well as Hoag Hospital. Dave also heads our pavement engineering services
division which provides pavement design and consulting for new roads as well as pavement
rehabilitation projects.
Mr. Alan "Bob" Mutchnick. PG, CEG — Bob serves as GMU's Director of Engineering
Seismological Services, handling all of our applied geophyics, blasting, and construction
vibration and monitoring. Bob has overseen numerous projects in Newport Beach where GMU
has provided construction movement and vibration monitoring.
SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES
Mr. Ron Leiman, M.Sc., PE, GE — Ron is GMU's most experienced geotechnical and geo-
structural engineer. Throughout his 40 -year career, Ron has performed designs for virtually
every type of structure in Orange County, including over 30 bridges.
Mr. Aron Taylor, M.Sc., PG, CEG —Aron serves as GMU's lead geologist for construction in
the field as well as our seismic geologist. Aron routinely performs ground motion studies for all
types of structures.
Mr. Dan Stoica, PE — In addition, to geotechnical engineering, Dan performs the design of
Mechanically Stabilized Earth (MSE) walls for GMU.
Mr. Rob Howell — Rob has over 15 years of experience as an Engineering Technician, project
coordinator, and technician supervisor on a variety of projects, including commercial /industrial,
residential, and public works for both governing agencies and private parties.
In addition to the professionally licensed staff, GMU also employs two geotechnical laboratory
technicians and six highly experienced engineering technicians who have an average of 12 years
of experience and have worked on a wide variety of projects throughout Southern California.
GEOTECHNICAL SERVICES FOR GOVERNING AGENCIES
GMU currently provides geotechnical services for a number of governing agencies, including
geotechnical review services for the Cities of Chino Hills and Laguna Niguel. Duties include
geotechnical review of entitlement, engineering, and building projects for permitting purposes, as
well as communication with City staff on a regular basis. Our professional staff communicates
via telephone, email, fax, and in- person with permit applicants and geotechnical consultants
when appropriate. In addition, GMU provides additional services to the Cities of Chino Hills,
Laguna Niguel, and Dana Point on an as- needed basis. These services range from emergency
landslide cleanup and repair to geotechnical design for public works projects.
Other notable items in regards to GMU's service to municipalities include:
• GMU staff has over 20 years experience providing geotechnical services to ten
different municipalities;
• GMU staff has extensive experience interacting with City staff for a variety of
services, particularly permitting and review services;
• GMU staff has developed geotechnical review guidelines as well as several Code
supplements for adoption by several Cities;
• GMU has developed innovative billing and cost- tracking techniques for
streamlining the review process;
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SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES in CM
• GMU staff, through their involvement with Ca1Geo (formerly CGEA), was
involved in developing a technical Code comparison between the 2001 California
Building Code and the recently adopted 2007 California Building Code;
• GMU staff has made formal presentations at meetings with City staff, City
Councils, and Planning Commissions;
• GMU staff has provided emergency landslide response and coordinated with
FEMA and OES for funding and repair of failures on municipal property;
• GMU has provided legal representation to several municipalities in regards to slope
problems or inverse condemnation issues;
• GMU staff has designed numerous MSE walls, has published papers on the subject,
and has extensive experience in evaluation of MSE wall failures;
• GMU staff has extensive experience in the geotechnical invegtigation, design, and
observation of large grading projects;
• GMU regularly performs pavement design and analyses for roadways and parking
areas.
CITY GEOTECHNICAL EXPERIENCE
GMU's professional staff provides consulting services for the Cities of Chino Hills, Laguna
Niguel, and Dana Point, as summarized below:
• Chino Hills —
o Review services for entitlement and engineering
o Communication with permit applicants
o Consulting for Public Works projects
o Consulting for Parks and Recreation projects
o Geotechnical services for streets and City -owned developments
o Slope evaluation and geotechnical repair services
o Emergency services, including slope failures and landslides
Laguna Niguel —
o Review services for entitlement, engineering, and building
• Communication with permit applicants
• Consulting for Public Works projects
• Consulting for Parks and Recreation projects
• Geotechnical services for streets and City -owned developments
• Geotechnical services for construction of City offices
• Slope evaluation and geotechnical repair services
• Emergency services, including slope failures and landslides
SOQ FOR CITY GEO • HNICAL CONSULTING SERVICES GW
Dana Point —
o Consulting for Public Works projects
• Geotechnical services for streets and City -owned developments
• Consulting for Parks and Recreation projects
• Slope evaluation and geotechnical repair services
• Emergency services, including slope failures and landslides
• Geologic observation and consulting for ocean bluff failures and debris falls
GMU's Vice President and Principal Engineer, Mr. Greg Silver, has extensive experience since
1989 working for numerous Cities serving in the capacity as the City's Geotechnical Engineer.
A sampling of these Cities is listed below:
• Malibu
• Moorpark
• Rancho Palos Verdes
• Vista
• Agoura Hills
• Palos Verdes Estates
• Hidden Hills
Mr. Silver's experience within these municipalities includes review work, policy establishment,
geotechnical design for City projects, landslide disaster response, coordination with FEMA and
other state and federal agencies, legal/forensic representation, as well as presentations to City
Council, Planning Commission, and other City appointed groups.
COUNTY OF ORANGE GEOTECHPIICAL EXPERIENCE
GMU routinely performs geoteehnical consulting services to the County of Orange on a wide
variety of projects. Currently GMU is ranked No. 2 on a list of over 30 geotechnical firms
eligible to perform work for the County. Select on -going projects are listed below.
• Trabuco Creek Levee Improvement Project
• Laguna Canyon Road — Segment 4 Widening
• Lincoln Avenue Widening
• La Pata Gap Closure Project
• Ortega Highway Widening at La Pata
SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES mcm
REFERENCES
GMU takes pride in developing relationships with our clients. In that regard, we recommend the
following contacts be considered for references:
Mr. Robert P. Lenard, Director of Community Development
City of Laguna Niguel
27781 La Paz Road
Laguna Niguel, CA 92677
(949) 362 -4360
Mr. Winston Ward, Assistant Community Development Director
Building Services, City of Chino Hills
14000 City Center Drive
Chino Hills, CA 91709
(909) 364 -2781
Mr. Matthew Sinacori, City Engineer
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629
(949) 248 -3574
Mr. Harry Persaud, Chief — Transportation Planning
300 N. Flower Street
Santa Ana, CA 92702 -4048
(714) 834 -5282
Mr. Mike Costello, County Materials Engineer
County of Orange
1152 E. Fruit Street
Santa Ana, CA 92701
(714) 567 -7843
Additional references are available upon request.
SOQ FOR CITY GEOT• NICAL CONSULTING SERVICES 19CM
ISELECT LOCAL GMU PROJECT EXPERIENCE
In addition to the variety of geotechnical services we provide to several governing agencies in
southern California, GMU also works with land planners, water districts, municipal public works
agencies, and design engineers during the engineering design and specification writing process
in order to provide critical geotechnical engineering, geologic, structural, and seismic design
parameters for a variety of projects.
GMU has provided services for a number of projects in the City of Newport Beach. Details are
provided below for several representative projects within and/or adjacent the City of Newport
Beach.
Fault Studies
Banning Ranch — GMU performed a comprehensive geotechnical investigation for the
proposed Banning Ranch Development. The investigation included a major study of the
North branch of the Newport Inglewood fault zone.
Large Hillside Developments
Crystal Cove Development — GMU was the lead geotechnicat engineer for a majority of
the Crystal Cove Development. The project involved research, design, and monitoring of
extremely deep fills and high slopes.
Newport Coast — GMU performed geotechnical investigations and construction
observations for various developments throughout Newport Coast.
Large/High Rise Commercial Structures
• Newport Center - GMU has performed geotechnical investigations for several
commercial structures in Newport Center including the 680 Newport Center Drive office
and parking structure. We are currently working on projects at 500 and 600 Newport
Center Drive.
Hoag Hospital — GMU staff participated in the geotechnical design and construction of
the Hoag Hospital Cancer Center and Emergency Room Buildings.
• MacArthur Court Office Complex and Koll Center Newport Office Complex - GMU staff
has performed geotechnical investigations and geotechnical construction observations for
both of these major office complexes.
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SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES mcm
Harbor Studies
Lido Shipyard Improvements — Investigated, designed, and provided observation and
testing services for the foundation pad for a large boat lift crane and adjacent pavement
and appurtenances.
Various Sea Wall Distress Evaluations — Evaluated numerous distressed and failing sea
walls on both Lido and Balboa Islands, and adjacent waterfront areas. Prepared repair
recommendations and performed observation and testing services during repairs.
Dredging Sediment Study — Performed dredging study of Dana Point Harbor for the
County of Orange involving side scanning sonar along with near shore sediment
sampling.
Landslides(Slope Repairs
• Buck Gully Landslide — Monitored landslide movement and performed repairs to prevent
damage to adjacent homes and property in the headscarp area of the slide.
Various Big Canyon Slope Repairs — GMU has been retained on numerous occasions to
investigate slope failures at the Big Canyon Country Club. The work also included
developing design recommendations and overseeing the repair.
Construction Vibration Monitoring
• Various single - family residential construction projects on Lido and Balboa Islands, and
the Peninsula.
Apartments and Hotels
Newport Beach Country Club Renovations — GMU is currently involved in the design of
renovations to the Newport Country Club from a geotechnical perspective.
• Fashion Island Hotel and Apartments — GMU staff has been involved in the geotechnical
engineering, design, and construction of. the Fashion Island Renaissance Major Mall and
Parking Structures Expansion and the Four Season hotel (now the Island Hotel), The
Colony Apartments, and Park Newport Apartments.
Roadways
Vista Ridge Road — GMU performed all of the design and construction observations for
Vista Ridge Road in Newport Coast.
SOQ FOR CITY GEOT• NICAL CONSULTING SERVICES 10CW
• Newport Coast Drive — Seismic refraction studies were performed for Newport Coast
Drive during the initial planning phases.
• MacArthur Boulevard and Bison Road — GMU performed construction observation and
testing services for the widening of MacArthur Boulevard and Bison Road.
IGENERAL TECHNICAL CAPABILITIES AND GEOTECHNICAL SERVICES
GEOTECHNICAL ENGINEERING AND ENGINEERING GEOLOGY
• CITY GEOTECHNICAL SERVICES
GMU currently serves as City Geotechnical Engineer and Geologist for the City of Laguna
Niguel and the City of Chino Hills. Responsibilities include: 1) review of geotechnical
reports submitted to the City, 2) development of geotechnically related codes, ordinances,
and policies, 3) design and general input for City projects, 4) attendance at City Council
meetings and Planning Commission meetings, on an as- needed basis, and 5) assisting the
City on legal /forensic- related matters.
• PUBLIC WORKS CONSTRUCTION
GMU has provided investigative, design, and construction services for roadways, bridges,
reservoirs, dams, storm drain and other utility pipelines, parks and sports parks, and many
other types of public works projects.
• TRANSPORTATION PROJECTS
We have provided various levels of geotechnical services for many transportation projects
including bridges, roadways, and railways. GMU engineers and geologists are intimately
familiar with Caltrans standards, analytical methodologies, and requirements.
• HILLSIDE DEVELOPMENT/LANDSLIDE ANALYSIS
Our company is uniquely qualified in geotechnical studies and
planning for hillside development. Our engineering geologists
are very well trained in identifying landslides, assessing their
impact on the development, and providing mitigating measures.
• SLOPE STABILITY
Our geotechnical engineers and geologists are experienced in analyzing both the static and
dynamic stability of existing and proposed slopes, and developing recommendations to
stabilize slopes. Analyses are performed using appropriate stability methods and state -of-
the -art computer software. Dynamic analytical methods range from pseudo - static analyses
to slope deformation analyses.
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SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES mcm
• FOUNDATION ENGINEERING
Our geotechnical engineers have extensive experience in detailed geotechnical analysis and
foundation design for sites with special considerations such as liquefaction, compressible
and collapsible soils, expansive soils, fillfbedrock transitions, and deep fills. Our engineers
have provided recommendations for all types of foundation options including: piles,
tiebacks, mat foundations, post- tensioned foundations, standard slab -on -grade systems,
etc., as well as various combination systems.
•
GEOTECHNICAL SITE EVALUATIONS
We provide both initial and complete site evaluations to help our clients avoid
unexpected problems. Our engineering geologists are specialists in evaluating soil, rock,
and groundwater conditions for proposed and existing developments.
• LIQUEFACTION STUDIES
GMU engineers and geologists can perform detailed and comprehensive liquefaction and
seismic settlement estimates. We utilize state -of -the -art techniques implementing the latest
technology (i.e., cone penetration testing, seismic refraction, in situ energy calibration for
SPT testing, etc.). Probabilistic as well as deterministic -based analyses can be performed.
• FAULT STUDIES
GMU geologists have performed a wide variety of fault studies of active and potentially
active fault zones throughout California. Fault evaluations also include studies pursuant to
the guidelines of the Alquist -Priolo Earthquake Fault Zone Act.
• EARTHQUAKE GROUND MOTION STUDIES
Our engineers and seismic geologists are capable of performing both probabilistic and
deterministic ground motion analyses. Seismic response spectra can be developed for a
wide variety of engineered structures.
• GEOTECHNICAL INSTRUMENTATION
GMU has the capabilities and expertise to install and monitor
geotechnical instrumentation including piezometers, extensometers, strain
gauges, settlement gauges, and slope inclinometers. GMU has extensive
experience in the interpretation of geotechnical monitoring data as well as
other types of deformation monitoring (i.e., survey points).
• FORENSIC ENGINEERING/DISPUTE RESOLUTION
We have provided forensic engineering services and third -party review services related to
large landslides, MSE, wall /cribwall /retaining wall stability, settlement and subsidence, and
many other projects. Select GMU personnel are experienced in deposition and court
testimony.
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SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES IN CW
APPLIED GEOPHYSICS /CONSTRUCTION VIBRATION ANALYSIS
APPLIED GEOPHYSICS
GMU provides seismic refraction services pertaining to
rippability, fault, groundwater, and seismic response studies.
GMU utilizes a state- of-the -art 12- channel seismograph to
perform seismic refraction surveys.
BLASTING AND CONSTRUCTION VIBRATION ANALYSES AND CONSULTATION
Our geologists provide blasting and ground vibration consulting, preparation of blasting
plans, and ground vibration monitoring related to blasting and construction projects. GMU
also provides consultation on forensic issues as they relate to blasting and vibration - related
distress.
PAVEMENT ENGINEERING AND DESIGN
• NEW PAVEMENT DESIGN
Services include determining the pavement section for various types of pavement uses and
traffic indices. GMU specializes in providing recommendations for both conventional and
rubberized asphalt overlays.
• PAVEMENT DISTRESS EVALUATION
Evaluation of pavement distress using deflection testing, ground penetrating radar, and
pavement coring, and development of cost- effective rehabilitation recommendations.
• PAVEMENT CONSTRUCTION TESTING AND SPECIFICATION REVIEW
Services include asphalt mix design review, oversight of field and batch plant inspection,
and laboratory testing for asphalt concrete, including Hveem maximum density, Hveem
extraction, and asphalt aggregate gradation.
GEO- STRUCTURAL ENGINEERING
• MECHANICALLY STABILIZED EARTH (MSE) WALL DESIGN
GMU provides full design and construction observation services
for MSE walls. Design services include calculations and
development of plans for bidding.
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SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES mcw
• CANTILEVERED WALLS, SOLDIER PILE, AND TIE -BACK DESIGN
GMU performs structural design for all types of structures that involve earth stabilization
including: cantilevered walls, slope tie -backs and tie -back walls, soldier pile walls, and
tieback soldier pile walls. Services include calculations and development of plans for
bidding. GMU is currently completing design for a tie -back solider pile for the City of
Palos Verdes Estates.
GEO- ENVIRONMENTAL ENGINEERING
• Services include: evaluation of in situ percolation testing, evaluation of effects of
percolation on existing structures and groundwater, and development of design
recommendations for permeable pavements and subsurface groundwater storage.
LABORATORY TESTING
GMU maintains a complete soil and rock mechanics laboratory. Our laboratory equipment is
continually updated and calibrated to meet the most current specifications. Our laboratory is
approved by the California Department of Transportation (Caltrans) and other public agencies.
• COMMITMENT TO QUALITY
GMU ensures quality laboratory services with state -of -the -art equipment, an in -house
QA/QC program, strict compliance with industry standards, and total customer satisfaction.
_ • FULL RANGE OF GEOTECHNICAL TESTING
GMU's laboratory testing includes triaxial shear, consolidation, direct shear, corrosivity,
classification, compaction, moisture - density, expansion potential, permeability, etc.
CONSTRUCTION MATERIALS TESTING
GMU provides quality control testing and inspections during construction for asphalt, concrete,
masonry, and steel for compliance with project specifications.
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EXHIBIT B
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GEOTECHNICAI, INC.
SCHEDULE OF CHARGES
♦ JIM
PROFESSIONAL SERVICES
23241 Arroyo Vista
Rancho Santa Margarita
CA 92688
voice: 949.888.6513
fax: 949.888.1380
web: www.gmugeo.com
Principal Engineer or Geologist
$ 200.00/hour
Associate Engineer or Geologist
$ 180.00 /hour
Senior Engineer or Geologist
$ 160.00/hour
Project Engineer or Geologist
$ 145.00/hour
Staff Engineer or Geologist
$ 130.00/hour
Deposition/Testimony
$ 375.00/hour
TECHNICAL SUPPORT SERVICES
Engineering Technician $ 100.001hour
Engineering Seismological Technician (includes 3-channel seismograph) $ 135.00/hour
Seismic Refraction Studies (includes 2- person staff and 12- channel seismograph) $ 400.00/hour
Special Registered Inspector (4 hour minimum) $ 90.00/hour
Laboratory Testing $ 92.001hour
Concrete, Grout, or Mortar Compression Test and Report $ 60.00 /test
Notes: (1) Overtime for field personnel will be charged at 1.5 times the base rate. Overtime is
defined as the time worked on the project in excess of 8 hours per day and all time an
Saturdays, Sundays, and holidays.
(2) The above rates for field testing services do not apply for prevailing wage projects.
Prevailing wage rates will be determined on a project - specific basis.
SUPPORT SERVICES
Graphic Illustration/CADD
Report Preparation
OTHER CHARGES
Pneumatic Piezometer Indicator
Slope Inclinometer Monitoring Equipment
Mileage
Outside Services
$ 90.00/hour
$ 78.00/hour
$ 65.00/day
$ 100.00 1day
$ 0.50 /mile
Cost + 15%