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HomeMy WebLinkAboutC-5015 - On-Call PSA for Soils and Material Inspection and Testing ServicesAMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES AGREEMENT i WITH GMU GEOTECHNICAL, INC. FOR �-J SOILS AND MATERIALS INSPECTION AND TESTING SERVICES THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 31st day of October, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GMU GEOTECHNICAL, INC., a California corporation ("Consultant"), whose address is 23241 Arroyo Vista, Rancho Santa Margarita, CA 92688, and is made with reference to the following: RECITALS A. On December 2, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement") for soils and materials inspection and testing services ("Project"). B. On January 8, 2013, City and Consultant entered into an amendment to the Agreement to increase the total compensation and to update insurance requirements ("Amendment No. One"). C. City desires to enter into this Amendment No. Two to extend the term of the Agreement to December 2, 2013. D. 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: Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the December 2, 2011, and shall terminate on December 2, 2013, unless terminated earlier as set forth herein." 2. 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. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1617 q / (3 go Aaron u. riarp City Attorney ATTEST: 10• 3D. Date: 13 By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: IA/7C1 / lei X11;/�►!1,L1: '.� 1•INVER• CONSULTANT: GMU Geotechnical, Inc., a Californiaorp ration DatR: /V ppj;�t ITH- 3"Ke President Date: . o BY:�o Mic _ oscrop — Executive Secretary [END OF SIGNATURES] GIMU Geotechnical, Inc. Page 2 AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC., FOR SOILS AND MATERIALS INSPECTION AND TESTING SERVICES THIS AMENDMENT NO, ONE TO ON-CALL PROFESSIONAL SI 2013 AGREEMENT ("Agreement") is made and entered into as of the � day of 6 -2012- by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GMU GEOTECHNICAL, INC., a California corporation ("Consultant'), whose address is 23241 Arroyo Vista, Rancho Santa Margarita, CA 92688, and is made with reference to the following: RECITALS A. On December 2, 2011, City and Consultant entered into an On -Call Professional Services Agreement ("Agreement") for soils and materials inspection and testing services on an as -needed basis ("Project). B. City desires to enter into this Amendment No. One to increase the total compensation and update the insurance requirements. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Section 4.2 of the Agreement shall be amended in its entirety and replaced with the following: 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. Total compensation paid to Consultant during the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars and No/100 ($250,000.00) ("Total Amended Compensation") without written amendment to the Agreement. 1.1 The Total Amended Compensation reflects Consultant's additional compensation for services to be performed in an amount not to exceed One Hundred Thirty Thousand Dollars and No/100 ($130,000.00). 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described GMU GEOTECHNICAL, INC. Page 1 in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] GMU GEOTECHNICAL, INC. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: l Z 1(I i, L By: O NVk'— Aaron C. Harp h 12 City Attorney ATTEST: . �.) 3 Date: C By. X N�t' Leilani I. Brown City Clerk U c �"ORNIF-* Attachments: CITY OF NEWPORT BEACH, a California m icipal corporation Date: //i/! By: ` 4i Keith D. urry, -Mayor CONSULTANT: GMU GEOTECHNICAL, INC., a California corporation Date: z/.. le - B -� Gary K. Urban President Date: 17 A `7 / I Z By: Michael Moscrop Executive Secretary [END OF SIGNATURES] Exhibit C - Insurance Requirements GMU GEOTECHNICAL, INC. Page 3 EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 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. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office farm CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of 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 each accident. 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 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 from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant GMU GEOTECHNICAL, INC. Page C-2 of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 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. 1.5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. GMU GEOTECHNICAL, INC. Page C-3 Client#: 5563 (;MI I(;FnTF(: ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE (MMO) POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR T 2 11/05/2012 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 10550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 GENERALLIABILITY 714 427-6810 INSURERS AFFORDING COVERAGE INSURED GMU Geotechnical, Inc' INSURER A. Travelers Indemnity Co. of Conn INSURER B: American Automobile Ins. Co. 23241 Arroyo Vista Rancho Santa Margarita, CA 92688 INSURER Hudson Insurance Company INSURER D: Travelers Property Casualty Co D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH. RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD EXPIRATION DATE M DDIYY LIMITS A GENERALLIABILITY 680599OL41A 11/01/12 11/01/13 EACH OCCURRENCE $i1000I.000_ X COMMERCIAL GENERAL LIABILITY CLAIMS MADE uOCCUR INDP CONTRACTORS FIRE DAMAGE (Any ane fire) 51000000 MED EXP(Anyone person) $10000 PERSONAL& ADV INJURY_ $1000000 X CONTRACTUAL INCLUDED X BFPD, XCU GENERAL AGGREGATE GENIAGGREGAT_E LIMITAPPLIES PER: PRODUCTS-COMPIOPAGGrs2,000,000POLICYXPRQ11 _S2000000 LOC D AUTOMOBILE X LIABILITY ANY AUTO BA5992L672 11101/12 11/01/13 COMBINED SINGLE LIMIT (Ea acc Jtl M)ALL INJURV (PerX OWNED AUTOSBOOILV SCHEDULEDAUTOS HIRED AUTOBBODILY NON -OWNED AUTOS INJURVX (Per accident) PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTOONLY-EAACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: qGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR El CLAIMS MADE S $ DEDUCTIBLE IS RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WZP81007386 11/01/12 11/01/13 X WCSTATU- OTH- –� R EL, EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional AEE7223603 01/01/12 01!01113 $1,000,000 per claim iability $2,000,000 annl aggr. !aims Made DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Re: On -Call Geotechnical Consulting Services The City, its elected or appointed officers, officials, employees, agents and volunteers are additional insured as respects to General and Auto (See Attached Descriptions) City of Newport Beach Shauna Oyler -Public Works Specialist 3300 Newport Blvd. Newport Beach, CA 92658-8915 CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL Xr(a xjOMA1L3O—DAYSWRITTEN CERTIFICATE HOLDERNAMED TOTHE LEFT, AI UKIU zaa V/9D1 of 2 #S447458/M447448 RLL 0 ACORD CORPORATION 1988 Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. Waiver of subrogation for Work Comp is included as required by written contract. Separation of Insureds Except with respect to the Limits of Liability in this Liability Coverage Part and any rights or duties specifically assigned in this Liability Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and Separately to each insured against whom the claim or "suit" is brought." AMS 25.3 (07197) 2 of 2 GMU Geotechnical, Inc. 680599OL41A 11/01(12 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11); Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". L The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury', "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copvriohted material of Insurance Services Office. Inc.. with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the 'bodily injury" and sonal injury" offense is committed. "property damage" occurs, and the 'personal in - D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. Atter you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 02007 The Travelers Companies, Ina. CG D3 81 08 07 Includes the coovd0ted material of insurance Services Office, Inc.. with its permission POLICY NUMBER: BA59921_672 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 11/01112 Named Insured Countersigned by GMU Geotechnical, Inc. SCHEDULE Name of Person(s) or Organization(s): (Authorized Representative) Name of Person or Organization: The City, its elected or appointed officers, officials, employees, agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form, CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Insured: GMU Geotechnical, Inc. Policy Number: WZP81007386 Effective Date: 11107112 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Name of Person or Organization: The City, its elected or appointed officers, officials, City of Newport Beach employees, agents and volunteers Shauna Oyler -Public Works Specialist 3300 Newport Blvd. Newport Beach, CA 92658-8915 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: �gWPO., CITY OF C"7G7KORN�P 4h; City Council Staff Report Agenda Item No. 9 January 8, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebba@newportbeachca.gov PREPARED BY: Michel J. Sinacori P.E., Assistant City Engineer APPROVED: t TITLE: Approval of Amendment No. 1 to the On -Call Professional Service Agreements with both GMU Geotechnical, Inc., and Harrington Geotechnical Engineering, Inc, The maximum contract dollar amount for on-call geotechnical services provided by GMU Geotechnical Inc., {GMU} and Harrington Geotechnical Engineering, Inc., (Harrington) under their existing agreements has almost been reached. if approved, their respective contract expenditure limit would be raised to allow additional geotechnical and material services from both on-call geotechnical consultants. RECOMMENDATIONS: Approve Amendment No. 1 to the December 2, 2011 On -Call Professional Services Agreement with GMU to increase the contract limit to $250,000 for continuing on- call geotechnical and material testing services and authorize the Mayor and City Clerk to execute the amendment. 2. Approve Amendment No. 1 to the December 16, 2011 On -Call Professional Services Agreement with Harrington to increase the contract limit to $250,000 for continuing on-call geotechnical and material testing services and authorize the Mayor and City Clerk to execute the amendment. FUNDING REQUIREMENTS: Funding for these consultants will be paid from the individual capital improvement project budgets at the time of project implementation. 1 of 14 Approval of Amendment No. 1 to the On -Call Professional Service Agreements with GMU Geotechnical, Inc., and Harrington Geotechnical Engineering, Inc. January 08 2013 Page 2 DISCUSSION: In order to decrease staff time and resource cost, while at the same time provide for and deliver the large amount of capital projects, Public Works utilities on-call consultant service contracts for various on-going professional services such as Surveying, Geotechnical, Civil and Traffic Engineering and Landscape Architecture. These multi -years contracts are produced through a formal selection process to identify the most qualified firms to provide these needed professional services. With respect to necessary Geotechnical Services for both design and construction, the City entered into On -Cali Professional Services Agreements (PSAs) in December 2011 with GMU and Harrington with a contract limit of $120,000 for each. These firms are currently the only on-call geotechnical and material testing consultants that Public Works has under contract to assist staff with the delivery of our CIP projects. The majority of CIP projects require some level of geotechnical or materials testing. Due to high volume of projects over the past year requiring geotechnical and materials testing services, the contracts with both firms are reaching their allowable thresholds. To date, GMU has expended $111,621.37 and Harrington has expended $108,808,50. Under each respective amendment being requested, the consultant's maximum contract amount would be raised to $250,000 in order to allow staff to assign additional as -needed geotechnical and material testing for CIP projects for the remaining life of the contract. The current fee schedule and termination date of December 31, 2013 for each consultant's contract will remain unchanged. ENVIRONMENTAL REVIEW: Environmental clearances will be completed for each Capital Improvement Project, NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item), Submitted by: �1.e A ii" Davi A. Webb Public Works Director. Attachments: A. Amendment No, 1 to On Call Agreement with GMU Geotechnical B. Amendment No. 1 to On Call Agreement with Harrington Geotechnical. 2 of 14 ATTACHMENT A AMENDMENT NO, ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC., FOR SOILS AND MATERIALS INSPECTION AND TESTING SERVICES THIS AMENDMENT" NO. ONE TO ON-CALL. PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of the _____ day of December, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GMU GEOTECHNICAL, INC„ a California corporation ("Consultant'), whose address Is 23241 Arroyo Vista, Rancho Santa Margarita, CA 928138, and is made with reference to the following: RECITALS A. On December 2, 2011, City and .Consultant entered into an On -Call Professional Services Agreement ("Agreement') for soils and materials inspection and testing services on an as -needed basis ("Project"). B. City desires to enter into this Amendment No. One to increase the total compensation and update the Insurance requirements. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows; 1. COMPENSATION TO CONSULTANT Section 4.2 of the Agreement shall be amended In its entirety and replaced with the following: 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 subconsuitant flees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars and No/100 ($280,000.00) ("Total Amended Compensation") without written amendment to the Agreement: 1.1 The Total Amended Compensation reflects Consultant's additional compensation for services to be performed in an amount not -to exceed One Hundred Thirty Thousand Dollars and Noll 6o ($130,000:00). 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 maintaln at Its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described MMENMaMM 3 of 14 GMU GEOTECHNICAL. INC. Paoe 1 in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. (SIGNATURES ON (NEXT PAGE] 4of 14 rnnu �FnrFctarmrat._ tNC_ Paae 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation DateI ZZ 11- Date: sy.dnd Aaron C. Harp fij h j9, -t-1 Nancy Gardner City Attorney Mayor ATTEST; Date: Leilani L Brown City Clerk CONSULTANT: GMU GEOTECHNICAL, INC., a California corporation Date: By: Gary K. Urban President Date: By: Michael Moscrop Executive Secretary [END OF SIGNATURES] Attachments: Exhibit C Insurance Requirements -----o of 14 r_nnE i r.FnTPruKlirtni iNr. Paae 3 EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City, Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an Insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employers Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily Injury by disease In accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 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. 1.3.2 General Liability Insurance. Consultant shall maintain commeroiai general liability insurance, and If necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (Including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 Al 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 each accident, 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professionalliability insurance that covers the Services to be performed 6 of 14 in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date trust be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogaion. 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 from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies Including general liability, excess ;liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewat of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the Insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required Insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of Insurance required by.giving the Consultant sixty (60) days advance written notice of such change. It such change results In substantial additional cost to the Consultant; the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to Inform Consultant GMU GEOTECHNICAL, INC. Page C-2 7 of 14 of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limitina. 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. 1.5,5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by deductible. Self-insurance will not be considered to comply With these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain Insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consuitarifs right to proceed until 'proper evidence of Insurance Is provided. Any amounts paid by; City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and tiniety nodoc of claims tirade. yr suits institutod auat. Msa cut u i or rcSun vii Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance, Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in Its own judgment may be necessary for its proper protection and prosecution of the Work. GMU GEOTECHNICAL; INC. Page C-38 of 14 ATTACHEMENT B AMENDMENT NO. ONE TO ON-CALL: PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC., FOR GEOTECHNICAL ENGINEERING AND MATERIALS TESTING SERVICES THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered Into as of the — day of December, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HARRINGTON GEOTECHNICAL ENGINEERING, INC., a California corporation ("Consultant'), whose address Is 1590 N. Brian Street, Orange CA 92867, and is made with reference to the following: RECITALS A. On December 16, 2011, City and Consultant entered Into an On -Cali Professional Services Agreement ("Agreement") for geotechnical engineering and materials testing services throughout the City on an as -needed basis (RProject"). B. City desires to enter into this Amendment No. One to Increase the total compensation and update the Insurance requirements. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it Is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Section 4.2 of the Agreement shall be amended in its entirety and replaced with the following: No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultants 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. Total compensation paid to Consultant during the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars and No/100 ($250,000.00) ("€otat Amended Compensation") without written amendment to the Agreement. 1.1 The Total Amended Compensation reflects Consultant's additional compensation for services to be performed In an amount not to exceed One Hundred Thirty Thousand Dollars and Noll 00 ($130,000.00). 2. INSURANCE Section 14 of the Agreement shall be amended In Its entirety and replaced with the following: Without limiting Consultants indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own HARRINGTON GEOTECHNICAL ENGINEERING, INC. Paga 1 9 of 14 expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C. and Incorporated herein by reference, Except as expressly modified herein, all other provisions, terms, and covenants set forth In the Agreement, as amended shalt remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 2 of 14 IN WITNESS WHEREOF, the parties have causes! this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I Z _ Aaron C. Harp City Attorney ATTEST: Date: By: Leilanl1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation By: Nancy Gardner Mayor CONSULTANT: . HARRINGTON GEOTECHNICAL ENGINEERING, INC., a California corporation By: Don Harrington, Jr. Vice President By: Edith Harrington Secretary and Treasurer [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements 1 of 14 HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 3 EXHIBIT C iNSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and In a form satisfactory to City. Consultant agrees to provide Insurance in accordance with requirements set forth here. if Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable insurers. All insurance policies shall be issued by an Insurance company currently authorized by the insurance Commissioner to transact business of Insurance in the State of California, with an assigned policyholders` Rating of A- (or higher) and Financial Size Category Class Vil (or larger) In accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Disk Manager. 1.3 Coverage Reautrements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 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. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability Insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form GG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily Injury and property damage for all activities of 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 fess than one million dollars ($1,000,000) combined single limit each accident. 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability Insurance that covers the Services to be performed _. 12 o€14 in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and In the aggregate. Any policy Inception date, continuity elate, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions; 1.4.1 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 from each of Its subconsultants. 1,4.2 Additional Insured _Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not Including professional liability, shall provide or be endorsed to provide that City and its officers, officials, emploYees, and agents shalt be Included as insureds under such policies. 1.4.3 Primary and Non Contributorv. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the Insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required Insurance policies, at any time. 1.5.2 Citv's R#ght to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of Insurance required by giving the Consultant sixty (60) days advance written notice of such change. if such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement provisions. Consultant acknowledges and agrees that any actual or alleged failure on the park of the City to inform Consultant HARRINGTON GEOTECHNICAL. ENGINEERING, INC. Page C-23 of 14 of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 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. 1.5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the .right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 Gity Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain Insurance as required :herein, then City shall have the right but not the obligation, to purchase such Insurance, to terminate this agreement; or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this -Agreement, and that Involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Judgment may be necessary for Its proper protection and prosecution of the Work. HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page C-314 of 14 ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR SOILS AND MATERIALS INSPECTION AND TESTING SERVICES THIS ON-CALL PROFESSIO AL SERVICE AGREEMENT ("Agreement") is made and entered into as of this day of P er , 2011, by and between the CITY OF NEWPORT BEAC aaa Municipal Corporation ("City"), and GMU GEOTECHNICAL, INC., a California Corporation, whose address is 23241 Arroyo Vista, Rancho Santa Margarita, CA 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 soils and materials inspection and testing services. C. City desires to engage Consultant to perform on-call soils and materials inspection and testing 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 10/31/2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall provide "On -Call" soils and materials inspection and testing services as described in the Statement of Qualifications attached hereto as Exhibit A and incorporated herein by reference ("Services"). Upon verbal or written request from the Project Administrator (as defined below in Section 6), Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and 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. 3.1.1 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. 3.1.2 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. 3.1.3 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 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. ,4.2 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 Page 2 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. Total compensation paid to Consultant during the term of this Agreement shall not exceed One Hundred, Twenty Thousand Dollars and 00/100 ($120,000.00) without written amendment to the Agreement. 4.2.1 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. 4.2.2 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: 4.2.2.1 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. 4.2.2.2 Approved reproduction charges. 4.2.2.3 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. 4.2.3 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 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Greg 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 Page 3 without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City's Public Works Department. Michael Sinacori, Assistant City Engineer, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or an authorized representative shall represent City in all .matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. 7.1.2 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. 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. Page 4 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 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers 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. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole 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 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. Page 5 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 14.1 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. 14.2 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. 14.2.1 Consultant shall procure and maintain for the duration of the contract 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. 14.3 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. 14.4 Coverage Requirements Page 6 14.4.1 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. 14.4.2 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. 14.4.3 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. 14.5 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. 14.6 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 accident. 14.7 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. 14.8 Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1 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. 14.8.2 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. Page 7 14.8.3 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. 14.8.4 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. 14.8.5 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. 14.8.6 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty- five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 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 Page 8 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. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 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. 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. 21. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 22. 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. 23. 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 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: Page 10 Michael Sinacori, Assistant City Engineer Public Works Department City of Newport Beach PO Box 1768 3300 Newport Boulevard Newport Beach, CA 92658-8915 Phone: (949)644-3342 Fax: (949) 644-3318 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Gregory P. Silver GMU Geotechnical, Inc. 23241 Arroyo Vista Rancho Santa Margarita, CA 92688 Phone: 949-888-6513 Fax: 949-888-1380 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). Page 11 29. STANDARD PROVISIONS 29.1 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. 29.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.6 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.7 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rale of construction which might otherwise apply. 29.8 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. 29.9 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. Page 12 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OFT E CITY ATTORNEY Date: Leonie Mulvihill � Assistant City Attorney Tk1 ATTEST: Date: r 4A By: Leilani I. Brown City Clerk e PO CITY OF NEWPORT BEACH, A California municipal corporation Date: Mw 25 1, -AN By: e, Dave Ki City Manager CONSULTANT: GMU GEOTECHNICAL, INC., a California Corporation Date: Gary K. Urban, President Date: Dov i1, ZOV� By: Michaef op, Executive Secretary ATTACHMENTS: EXHIBIT A —STATEMENT OF QUALIFICATIONS EXHIBIT B — SCHEDULE OF BILLING RATES Page 13 EXHIBIT A GW GEOTFCHNCAL, hNC. ' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard Newport Beach, CA 92658-8915 1 1 1 1 1 1 1 I 23241 Arroyo Vista Rancho Santa Margarita CA 92688 voice: 949.888.6513 fa)c 949.888.1380 web: www.gmugeo.00m EXHIBIT A September 23, 2011 Attn: Michael J. Sinacori, Assistant City Engineer GMU Proposal No. P-11097 Subject: Proposal and Statement of Qualifications for On -Call Soils and Materials Inspection and Testing Services, Capital Improvement Projects for City of Newport Beach Reference: "Request for Proposal — On -Call Soils and Materials Inspection and Testing Services," prepared by City of Newport Beach Public Works Department, dated September 12, 2011, Dear Mr. Sinacori: GMU Geotechnical, Inc. (GMU) is pleased to submit this proposal and Statement of Qualifications (SOQ) for On -Call Soils and Materials Inspection Services for Capital Improvement Projects (CIP) within the City of Newport Beach. This proposal and SOQ includes Exhibit A and Exhibit B, which contain the information requested in the Request for Proposal (RFP) referenced above. ABOUT GMU GMU is a small business enterprise (SBE) with over 40 years of experience in Southern California. Previously known as Goffman, McCormick & Urban, Inc., GMU has established a reputation for reliability, innovation, accuracy, efficiency, and excellent service. This is exemplified by the wide variety of projects that we have worked on, and the long-term relationships that we have developed with our diverse group of clients. GMU has provided services to numerous cities, counties, and other public agencies throughout the area. As a part of our existing professional services agreement for "on-call geotechnical consulting services" dated June 24, 2009, GMU has provided on-call geotechnical and materials testing services to the City of Newport Beach Public Works Department on numerous CIP projects. PROPOSAL AND SOQ ON-CALL SOILS AND MATERIALS INSPECTION & TESTING SERVICES CITY OFNEWPORT BEACH -PUBLIC WORKS DEPARTMENT Our staff consists of highly qualified professional engineers, professional geologists, and engineering technicians with experience in all phases of geotechnical engineering and engineering geology. Our projects have varied in size from single-family residences to high-rise structures, street ' improve-ment projects, water resources, utilities, public works facilities, and large hillside developments. [I SUMMARY OF GMU EXPERIENCE September 23, 2011 Unique Oualifications for Testing & Inspection Services • History of Successful On -Call Relationships with Cities, Counties, and other Public Agencies • Experience with Street Improvement Projects, City Halls, Civic Centers, City Parks, Utilities, and other Public Works Projects • Specialization in Pavement Assessment, Maintenance, Rehabilitation, and Slurry Seals • Experienced Engineering Field Technicians with 10-25 years experience and multiple testing certifications • In -House Laboratory and Testing Services with Caltrans Certification • Geotechnical Expertise in the City of Newport Beach • Geo -Structural Design Build Capabilities for Earth Retainment and Stabilization Systems GMU has a long history of experience working on public works projects and providing testing and inspection services requested in the City's reference RFP. Our extensive relevant experience includes work on similar types of project outlined below. Similar Proiect Types • Civic Centers and City Halls • Pavement Rehabilitation Projects • City Parks and Water Parks • Water, Sewer, & Storm Drain Projects • Sports Fields • Miscellaneous Public Works Projects • Street Improvement Projects • Miscellaneous Buildings/Structures • Pump Stations • Landslide and Slope Repairs GMU's services for the project types listed above have ranged from initial site investigations and project design through final construction of capital improvement projects. Specifically, GMU has provided the testing and inspection services for dozens of City projects. Relevant inspection and testing services are outlined below. Similar Inspection and Testing Services • Grading and fill placement • Trench bedding and backfill • Aggregate testing • Foundation excavations • Caissons • Asphalt concrete • Concrete and grout • Source inspection at batch plants • Field welding • Daily field reports with electronic option [] 11 PROPOSAL AND SOQ m C>m ON-CALL SOILS AND MATERLMLS INSPECTION & TESTING SERVICES CITY OFNEWPORT BEACH -PUBLIC WORKS DEPARTMENT September 23, 2011 SUMMARY OF STAFFING AND METHODOLOGY GMU employs an industry-leading staff that includes licensed engineers and geologists, plus a crew of engineering technicians with 10 to 25 years of experience conducting testing and inspection services. Our testing and inspection services, which can be supplied within 24 hours or less of the request, are also supported by a complete geotechnical laboratory located at GMU's office in Rancho Santa Margarita, Orange County. GMU's laboratory and engineering technicians have numerous Caltrans certifications for sampling and testing soils and construction materials. Our staff also maintains certifications by American Concrete Institute (ACI), International Code Council (ICC), American Welding Society (AWS), and other local jurisdictions. If selected to perform services for the City of Newport Beach, GMU will utilize a work approach and methodology that ensures quality results and efficient services. Testing and inspection services for a particular City project would be managed by GMU's professional staff. GMU's management team would be in communication with City staff to assess project needs and then deploy engineering technician(s) and laboratory staff to provide the necessary testing and inspection services. Finally, results of testing and inspection services would be under the oversight of GMU's professional staff and management team in order to ensure that quality results are delivered in a timely manner. LABORATORY TESTING AND SPECIAL INSPECTION SERVICES ' GMU maintains a complete in-house laboratory for testing of soil, rock, and construction materials. Our laboratory equipment is continually updated and calibrated to meet the most current specifications. Our commitment to quality is exemplified by our in-house QC/QA program (available upon request) and strict compliance with industry standards. Our laboratory is approved by the California Department of Transportation (Caltrans) and the County of Orange Materials Laboratory. t GMU also provides quality control testing and special inspection services for concrete, masonry, asphalt, aggregate, field welding, etc. I Please review the `additional information enclosed in this proposal and SOQ regarding GMU's available inspection and testing services for the City of Newport Beach. The fees included in this proposal will remain valid through December 31, 2013. Greg Silver will serve as the principal contact person from GMU for use in this agreement. Respectfully sub ed, GMkGEOTE CAL, INC. Grego Si 'er, .S., P , E Vice Pre ' ent, cipal Geotechnical Engineer n PROPOSAL AND SOQ ON-CALL SOILS AND MATERIALS INSPECTION & TESTING SERVICES CITY OF NEWPORT BEACH- PUBLIC WORKS DEPARTMENT LOCAL STAFFING LIST September 23, 2011 GMU's team will consist of a diverse range of staff, ranging from principals to engineering ' technicians. All services for the City of Newport Beach will be provided with GMM employees who live locally in South Orange County. These services will be overseen by Mr. Greg Silver, a licensed civil and geotechnical engineer with over 25 years of experience and extensive work with 1 1 I I numerous cities throughout Southern California. Additional professional support will be provided by Mr. Dave Atkinson, Mr. Bob Mutchnick, and Mr. Aron Taylor. Each of these project managers has experience managing inspection and testing services on a variety of small to large public works projects. This team of engineers and geologists will manage GMU's crew of engineering technicians and lab technicians to deliver the testing and inspection services needed on each project. The staff organization chart below illustrates the staff that can be utilized for the City of Newport Beach. As requested in the reference RFP, resumes for GMU's management team and key engineering technicians are provided in a separate section of this proposal and SOQ. Note that additional qualified personnel are also available for services and additional resumes can be provided if needed. STAFF ORGANIZATION CHART LABORATURY TECHNICIANS M&e> (I.6 ) JamVinump Fdk Hcnmkz •Rewma bduded in SOQ (AddkkaAd nainin ave Woo ). ' PROPOSAL AND SOQ m cm ' ON-CALL SOILS AND MATERL4LS INSPECTION & TESTING SERVICES CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT September 23, 2011 ' Each of our project managers has experience managing inspection and testing services on a variety of small to large public works projects. Examples are provided below. Gree 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 includes Laguna Niguel, Chino Hills, Newport Beach, Dana Point, Malibu, Moorpark, Rancho Palos Verdes, Vista, Agoura Hills, Palos Verdes Estates, and Hidden Hills. ' Mr. Silver's experience within these municipalities includes review work, policy establishment, geotechnical design for City projects, management of inspection and testing for public works projects, landslide disaster response, coordination with FEMA and other state and federal agencies, ' and legal/forensic representation. Recently, Mr. Silver managed the inspection and testing services for construction of the Chino Hills ' Government Center Complex and the City of Laguna Niguel City Hall. GMU's services during construction of these projects included inspection and testing of the following: • Site grading and fill placement ' • Auger cast piles • Pavement subgrade, aggregate base, and asphalt concrete • Building foundations ' • Utility trench excavation and backfill Dave Atkinson has over 33 years of experience in the geotechnical industry, with particular emphasis on management of inspection and testing services for many types of projects. Mr. Atkinson also specializes in pavement design, assessment of pavement distress, and quality control for ' pavement rehabilitation projects. Mr. Atkinson regularly manages GMU's on-call inspection and testing services for the Cities of Dana Point, Laguna Niguel, Aliso Viejo, and Newport Beach, in addition to numerous water districts within Orange County. ' Recently, Mr. Atkinson managed GMU's inspection and testing services for a large public works project administered by the Cities of Dana Point, Laguna Niguel, and Newport Beach. This recent work has included pavement rehabilitation and resurfacing for Pacific Coast Highway, Street of the Golden Lantern, Stonehill Drive, Balboa Avenue, and numerous residential streets in all of these cities. In addition, slurry seal testing and reporting has been provided to the cities of Rancho Santa Margarita and Newport Beach for their annual residential street slurry seal projects. GMU's services during construction of these projects included inspection and testing of the following: • Site grading and fill placement • Permeation grouting for liquefaction mitigation • Foundations, reinforced concrete, and rebar for pedestrian bridge • Pavement subgrade, aggregate base, asphalt concrete, and slurry seals • Subgrade and utility trench relocations for sidewalk/street improvements I] L ' PROPOSAL AND SOQ PA Cm ' ON-CALL SOILS AND MATERIALS INSPECTION & TESTING SERVICES CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT September 23, 2011 Bob Mutchnick has 25 years of experience in the geotechnical industry, with particular expertise on complex grading projects. Mr. Mutchnick served as GMU's project manager for the inspection and testing of over 100 million cubic yards of earthwork between 1998 and 2007. These large-scale grading operations occurred in the Orange County communities of Ladera Ranch, Crystal Cove, and Talega. Mr. Mutchnick is also an industry leader in the field of vibration monitoring related to ' construction activities and blasting operations. Mr. Mutchnick's recent experience includes management of inspection and testing services for a large Civic Center for the City of Vista. Construction of this civic center has included complex grading with deep excavations, construction dewatering, and sensitive perimeter improvements. GMU's services during construction of the Civic Center included inspection and testing of the following: • Site grading and fill placement • Dewatering operations • Building foundations • Utility trench excavation and backfill • Pavement subgrade, aggregate base, and asphalt concrete ' • Subgrade for sidewalks and site improvements • Bioretention systems ' Aron Taylor has nearly 10 years of experience in the geotechnical industry, with particular expertise regarding geologic hazards, complex grading projects, and transportation projects. Mr. Taylor's recent experience includes management of inspection and testing services for the Ortega Highway (SR 74) Widening Project in San Juan Capistrano. This project includes widening of the 2 -lane highway to 4 -lanes, plus construction of a new 2 -lane bridge over San Juan Creek. The project also included significant grading and construction of a soil cement revetment (i.e., for scour control) along San Juan Creek. Coordination with multiple agencies was required, including Caltrans, the County of Orange, the City of San Juan Capistrano, and Santa Margarita Water District. GMU's services ' during grading and construction included inspection and testing of the following: • Site grading and fill placement, including slope stabilization and removal of contaminated soils ' • Revetment construction, including dewatering, soil cement, and jet grouting • Trench excavation and backfill for water lines and storm drains • Pavement subgrade and asphalt concrete ' • Quality assurance testing for AC production and placement, per Caltrans Section 39 specifications. • Field welding inspections for water line ' • Rebar testing for bridge 0 Compressive strength testing for concrete, soil cement, and cement slurry PROPOSAL AND SOQ M GMU ON-CALL SOILS AND AMTERIALS INSPECTION & TESTING SERVICES CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT September 23, 2011 GMU's team of engineers and geologists are supported by a crew of engineering technicians and lab technicians that are well-qualified to deliver the testing and inspection services needed on each project. GMU's key technicians will include Russ Price, Norm Biehn, Tom Stormer, and Scott Seabold. These technicians have nearly 50 years of combined experience providing the type of inspection and testing services sought out by the City of Newport Beach. For construction materials such as concrete, asphalt concrete (AC), steel, piles, etc., GMM deploys engineering technicians that are certified to provide the proper inspection and testing services. Our technicians collect material samples, inspect batch plants, and check for contractor compliance with plans and specifications. They are experienced, qualified, and certified to provide testing and inspection on a full range of public works projects, including the following specific items: Soils • Engineered fill • Trench bedding and backfill • Foundation excavations ' Walls • Retaining wall backfill • Caissons • Tiebacks • MSE walls lJ Construction Materials • Asphalt concrete compaction • Asphalt concrete and slurry seal testing • Pre -cast concrete • Cast in-place concrete • High strength bolts • Structural Steel • Welding • Aggregate • Batch plants (concrete and AC) • Piles (Steel, Concrete, CIDH, etc.) ADVANCE NOTICE REQUIREMENTS FOR SERVICES GMU is also accustomed to providing on-call soils and materials inspection and testing services within 24 hours or less from the time of the request. GMU has a 40 -year history of service in Southern California, with particular emphasis in Orange County. Throughout this long history, we have served on numerous projects within the City of Newport Beach and the neighboring communities. This experience gives us working technical knowledge of the local geotechnical conditions and the regulatory framework for testing and inspection. Our on-call City services have ranged from emergency landslide repairs to geotechnical design and construction services for various types of public works projects, such as City buildings, streets, infrastructure, parks, etc. GMU is proficient at documenting the results of inspection and testing services for each project. It is our company policy for engineering technicians to prepare daily inspection reports for each project. These daily inspection reports contain a summary of construction activities and all inspection services. Also, laboratory data is also compiled regularly and checked through GMU's QC/QA process. Daily reports and laboratory results can be communicated to City staff quickly via phone or email. EXHIBIT -B GW GEOTECHNICAL, INC. SCHEDULE OF CHARGES PROFESSIONAL SERVICES Principal Engineer or Geologist $ 225.00/hour Associate Engineer or Geologist $ 195.00/hour Senior Engineer or Geologist $ 180.00/hour Project Engineer or Geologist $ 160.00/hour Staff Engineer or Geologist $ 145.00/hour Deposition/Testimony $ 450.00/hour Graphic Illustration/CADD $ 100.00/hour Document Preparation and Administrative Project Services $ 85.00/hour FIELD INSPECTION & TESTING SERVICES Engineering Technician (No 4 hour minimum) $ 110.00/hour* • Minimum 10 years experience • Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc. • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc. Special Registered Inspector (4 hour minimum) $ 90.00/hour* • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc. • Special inspections for reinforced concrete and masonry • Additional special inspection services available on a project -specific basis Instrumentation Engineer (includes instrumentation listed below) $ 145.00/hour • Slope inclinometer monitoring equipment • Pneumatic piewmeter indicator • Manometer for floor -level surveys • Pressure transducer, datalogger, & water chemistry meter for groundwater monitoring • Pipeline video camera for drains, wells, etc. Engineering Seismological Technician (includes 3 -channel seismograph) $ 135.00/hour • Blast vibration & noise monitoring • Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.) Seismic Refraction Studies (includes geologist, technician, & 12 -channel seismograph) $ 400.00/hour *Notes: (1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling. (2) Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays. (3) Prevailing wage rates will be determined on a project -specific basis. LABORATORY TESTING SERVICES Laboratory Testing (soils, aggregate, asphalt, etc.) $ 100.00/hour Outside Laboratory Services (concrete, grout, mortar, rebar, etc.) Cost+ 15% Note: For laboratory costs on a per -test basis, see GMU Laboratory Fee Schedule OTHER CHARGES Mileage $ 0.50/mile Outside Services Cost+ 15% Reimbursables Cost 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: Shari Date Completed: 11-1-11 Sent to: Shari By: 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 $1M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) .® Yes ❑ No H. ADDITIONAL INSUREDWORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No K ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/01/11 to 11/01/12 A. INSURANCE COMPANY: Travelers Property Casualty Co of Am 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 individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/01/11 to 11/01/12 A. INSURANCE COMPANY: American Automobile Insurance Co 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 $1 M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ 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 ❑ NIA ® Yes ❑ No ❑ NIA ❑ Yes ❑ No ❑ NIA ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 11-2-11 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Noxi -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) El WA ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract Cliant#: 5563 GMUGFOTEC ACORD� CERTIFICATE OF LIABILITY INSURANCE 17!01111 Dnn PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714 427.6810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED GMU Geotechnical, Inc. 23241 Arroyo Vista Rancho Santa Margarita, CA 92688 INSURERA: Travelers Indemnity Co. of Connectic INSURER B: American Automobile Ins. Co. INSURER c: Hudson Insurance Company INSURER D: Travelers Property Casualty Co of Am INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRN$RTYPEOFINSURANCE POLICYNUMBER POOLAICYEWECOTWE PMI DATE EXPIRATION OMITS A GENERAL LIABILRY 680599OL41A 11/01/11 11/01/12 EACH OCCURRENCE $1000000 FIRE DAMAGE (My one fire) $I,00--0'0-0--0 X COMM ERCIAL GENERAL LIABILITY CLAIMS MADE I—XI OCCUR Indp. Contractors MED EXP (My one person) $10,000 PERSONAL BADV INJURY $1000000 X Contractual Included X BFPD, XCU GENERAL AGGREGATE $2,000,000 GENT AGGREGATE UMITAPPLIESPER: PRODUCTS-COMPIOPAGG $2000000 POLICY X jE� M LOC D AUTOMOBILE X LIABILITY ANY AUTO BA5992LS72 11/01111 11/01/12 COMBINED SINGLE LIMIT $1,--0,000 (Ea accMen) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY aWdent) $ (Per ecdCent) X X HIRED AUTOS NON-0WNED AUTOS PROPERTY DAMAGE S (Per aodCenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND WZP80998332 11101/11 11/01/12 X 11WCRySTA7UTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000 ,000 E.L. DISEASE - EA EMPLOYEE $1 DOD,000 E.L.DISEASE-POJCYLIMR 51,000000 C OTHER Professional AEE7223602 01/01/11 01101/12 $1,000,000 per claim lability $2,000,000 annl aggr. /aims Made DESCRIPTION OF OPERATEMStLOCAT ONWVEHICLESIEXCWSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: On -Call Geotechnical Consulting Services The City, its elected or appointed officers, officials, employees, agents (See Attached Descriptions) City of Newport Beach Shauna Oyler -Public Works Specialist 3300 Newport Blvd. Newport Beach, CA 92658-8915 SHOULD ANYO ME ABOVE DESCR6EU POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MNXRKXA iN[TOMAIL 30—_DAYSWRRTEN CERITFICATE HOLDER NAMED TOTHE LEFT ACORD 25s (1197)1 of 2 #M290817 RLL 0 AGORD CORPORATION 1SSB DESCRIPTIONS (Continuedfrom Page 1) ti 5' and volunteers are additional insured as respects to General and Auto Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. Waiver of subrogation for Work Comp is included as required by written contract. Separation of Insureds Except with respect to the Limits of Liability in this Liability Coverage Part and any rights or duties specifically assigned in this Liability Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and Separately to each insured against whom the claim or 'suit" is brought." AMS 25.3 (07197) 2 of 2 #M290817 POLICY NUMBER: BA5992L672 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 11/01/11 Named Insured GNU Geotechnical, Inc. Name of Person(s) or Organization(s): City of Newport Beach Shauna Oyler -Public Works Specialist 3300 Newport Blvd. Newport Beach, CA 92658-8915 SCHEDULE Name of Person or Organization: The City, its elected or appointed officers, officials, employees, agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80998332 Issuedto: GMU Geotechnical, Inc. By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach Name of Person or Organization: The Shauna Oyler -Public Works Specialist City, its elected or appointed officers, 3300 Newport Blvd. officials, employees, agents and Newport Beach, CA 92658-8915 volunteers WC 04 03 06 Countersigned by (Ed. 4-84) Authorized Representative Client*: 5363 GMUGFOTEC CERTIFICATE ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ACORD,, OF LIABILITY INSURANCE 01103111°A"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealay, Renton & Associates P. O. Box 10550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ane, CA 927'19.0550 LASTS 714 427.6810 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hudson Insurance Company GMU Geotechnical, Inc, 23241 Arroyo Vista Rancho Santa Margarita, CA 92688 INSLBLER B: INSURER C: INSURER p: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTwRHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNSR TYPE OP INSURANCE POUCY NUMBER IPOUCY EF PDLWYEXPIRARON LASTS GENERAL LIAS°JTY I EACH OCCURRENCE $ FIRE OAMAGE(My DMAWI $� COMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR MED EXP (M one Parson) S PERSONALEADVINJURY $ GENERAL AGGREGATE $ _ GENL AGGREGATE LIMRAPPLIESPER; PRODUCTS -COMPIOPAGG S POLICY PRO- JECT El LOC AUTOMDBBE LIABILITY ANY AUTO COMBINEDSINGLE UMn $ (Ee aCqdM) BODILY INJURY $ IPer Pa+FDy ALL OWNED AUTOS SCXEDULED AUTOS BODILY INJURY $ Mar aCtiQent% HIREDAUTOS NON-OWNEDAUTOS I PROPERTY DAMAGE $ (PoracdtlenO GARAGE LViBiL1TY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO AUTO ONLY; AGG $ EXCESS LIABILITY ` EACH OCCURRENCE $ AGGREGATE S OCCUR CINMS MADE $ $ DEDUCTIBLE $ RETENTION $ WORKERSCOMPENSATI°NAND - PVDSTATUI HE EMPLOYERS' LUSILOY i E.L. EACH ACCIDENT S E.L. DISEASE -EA EMPLOYEE S I E.LDISEASE-POLICYUMIT $ A BIER Professional AEE7223602 01/01111 01/01/12 $1,000,000 par claim Liability $2,000,0110 enol aggr. Claims Made DESCRIPTION OF OPERATDNSILOCATTDNSNEHICLES/EXCLUSIONS ADDED SY EN°ORSESIEHTS CIAL PROVISIONS Re: On -Call Geotechnical Consulting Services The City, its elected or appointed officers, officials, employees, agents and volunteers are additional insured as respects to General and Auto Liability as required by written contract. Primary and Non -Contributing (See Attached Descriptions) City of Newport Beach Shauna Oyler -Public Works Specialist 3300 Newport Blvd. Newport Beach, CA 92658-8915 (719714 .311 ANINOV7977 BEFORETREEXPIRARON DATE THEREOF, THE ISSUING INSURER WIVV09MOM TOMAIL 30—DAYBWRTREN NOTICE TOTHE CERTURCATE HOLDERNAMED TO 1`116 oil M ACORD CORPORATION 1992 I DESCRIPTIONS (Continued from Page 1) coverage applies to GL as required by written contract. Waiver of subrogation for Work Comp Is included as required by written contract. Separation of Insureds Except with respect to the Limits of Liability In this Liability Coverage Part and any rights or duties specifically assigned In this Liability Coverage Part to the first Named Insured, this insurance applies; a.As if each Named Insured were the only Named Insured; and Separately to each Insured against whom the claim or "suit" Is brought." (071$7)2 of 2 SM277622