The URL can be used to link to this page

Home My WebLink AboutC-3897(G) - PSA for Marina Park - Inspection and TestingJ i AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR MARINA PARK — INSPECTION AND TESTING THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 1 st day of November, 2015 ("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, California 92688, and is made with reference to the following: RECITALS A. On November 13, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to perform geotechnical, specialty, and registered special inspection services for the Marina Park Project ("Project"). B. On October 21, 2014, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One') to reflect additional services not previously included in the Agreement, and to increase the total compensation. C. City desires to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, as amended, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Seventy One Thousand One Hundred Forty Five Dollars and 00/100 ($371,145.00), without prior written authorization from City. No billing rate changes CC. shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Five Thousand Nine Hundred Dollars and 001100 ($5,900.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] GMU Geotechnical, Inc. Page 2 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: I I � 1 (0. [ 1 v l B : �M� Uva �� v A-afo-n C. Harp o4rm i%imlir City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: CLWA, By: Dave ff City Manager ATTEST:�2 CONSULTANT: GMU Geotechnical, Inc., Date: b ` a California corporation Date: By: By: Signed ir, ,, anterpart � Leilani I. Brown Gregory P. Silver, MSc, PE, GE City Clerk President s' Fp RNA Date: By: Signed in Counterpart Mike Moscrop Vice President / Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services GMU Geotechnical, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN,�Yr'S OFFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: qCHarp Y• Y•on conn Wml,5- Dave Kiff City Attorney City Manager ATTEST: Date: CONSULTANT: GMU a California corporatio Date: / Geotechnical, Inc., By: By: MKI \ Leilani I. Brown Grego P ilver, MSc, PE, GE City Clerk Presiden Date: 3�15� By: Mik�er-ap Vice President/ Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services GMU Geotechnical, Inc. Page 3 A FAME I MW 1. GMU Geotechnical, Inc. Page A-1 CMU GEOTECHNICAL INC. 23241 Arroyo Vista • Rancho Santa Margarita, CA 92688 • phone: 949.888.6513 • fax: 949.888.1380 • info@gmugeo.com • www.gmugeo.com September 18, 2015 Ms. Iris Lee CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, CA 92660 GMU Project 12-095-10 Subject: 2nd Supplemental Proposal for Geotechnical Specialty and Registered Special Inspection Services, Marina Park Project, City of Newport Beach, California References: (1) Our "Proposal, Qualifications and Proposed Project Approach for Geotechnical, Specialty and Registered Special Inspection Services, Marina Project, City of Newport Beach, California", dated October 23, 2012 (2) Our "Supplemental Proposal for Geotechnical, Specialty, and Registered Special Inspection Services, Marina Project, City of Newport Beach, California", dated September 25, 2014 Dear Ms. Lee: As per your request, this 2nd supplemental proposal addresses unanticipated out -of -scope task items related to failure of the dock piles. These task items are summarized below: • Teleconferences with various team members. • Teleconferences with our field technician. • Professional site review during driving. • Identification of a forensic consultant. • Meeting with forensic consultant. • Review of preliminary sampling protocol for failed piles developed by Moffatt & Nichol. • Development of sampling and testing protocol and ROM cost estimate. The costs for these services are $5,900. Consequently, we respectfully request an increase in our budget for this amount. It should be noted that should the City decide to proceed with the sampling and testing protocol and/or request any additional tasks associated with the dock pile failures, additional costs may be needed. Ms. his Lee, CITY OF NEWPORT BEACH 2"d Supplemental Geotechnical Construction Proposal Please do not hesitate to call if you have any questions regarding this information. Respectfully submitted, GEOTECHNICAR. INC. PE, GE gps/2❑d Construction Supplemental (09-18-2015) September 18, 2015 2 GiVIU Project 12-095-10 U AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT t -J WITH GMU GEOTECHNICAL, INC. FOR MARINA PARK — INSPECTION AND TESTING THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 21 st day of October, 2014 ("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, California 92688, and is made with reference to the following: RECITALS A. On November 13, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to perform geotechnical, specialty, and registered special inspection services for the Marina Park Project ("Project"). B. City desires to enter into this Amendment No. 1 to reflect additional Services not included in the Agreement and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services' or "Work"). Exhibit A to the Agreement and Exhibit A to Amendment One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit A and incorporated herein by reference ("Services" or 'Work"). Exhibit B to the Agreement and Exhibit A to Amendment No. One shall collectively be known as "Exhibit A." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 A and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Sixty Five Thousand Two Hundred Forty Five Dollars and 00/100 ($365,245.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City: The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. 1, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Fifty Eight Thousand Seven Hundred Fifty Eight Dollars and 00/100 (158,758.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] GMU Geotechnical, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. [1] to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO N 'S OFFICE Date: By: Aaron C. Harp LA -M �olo�tllti City Attorney ATTEST: Date: A-3'1 By. Qm� / Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II Mayor CONSULTANT: GMU Geotechnical, Inc., a California corporation Date: L. - By. 1— Grego.'S I've%, MSc', PE, GE President d Date: wad= / E�ZL fa Mike Mos -c -- Vice President/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services & Schedule of Billing Rates GMU Geotechnical, Inc. Page 3 Exhibit A Scope of Services/Schedule of Billing Rates Amendment No. One — Marina Park Inspection and Testing Services Amendment No. One reflects revisions to the original Scope of Work and Compensation, as well as additional services not originally included in the Scope of Work, REVISED SCOPE & COST ESTIMATES PACKAGE 3 - COMMUNITY CENTER AND PARK 3.1 Wet Utilities GMU to provide backfill compaction testing (Registered Special Inspector/Technician) a. 20 days at 4 hours/day = 80 man-hours ($8,000) i. City inspectors to observe and approve utility line placement and shading as well as rough oversight. b. Lab testing ($900) i. Compaction (2) ii. Sand equivalent (4) Wet Utility Subtotal: $8,900 3.2 Demolition Phase 1 a. 8 hours of miscellaneous technician time (Registered Special Inspector/Technician) ($800) 3.3 DIY Utilities GMU to provide backfill compaction testing. a. Registered Special Inspector/Technician on-site part-time - 4 hours/day for 20 working days= 80 man-hours ($6,400) I. City inspectors to observe and approve utility line placement and shading as well as rough oversight. b. Lab testing ($900) i. Compaction (2) ii. Sand equivalent (4) Dry Utility Subtotal: $7,300 3.4 Gradine a. Senior Geotechnical Technician/Inspector on-site full-time - 8 hours/day for 20 working days= 160 man-hours ($17,600) L GMU to provide main inspections and compaction testing. ii. Terra Costa to provide check inspections. iii. City inspectors to provide rough oversight. b. Lab Testing ($900) L Compaction (2) ii. Sieve analyses for potential import (2) c. Professional Oversight/Project Management ($1,365) L 1 hour per week ii. 1 site meeting/month Grading Subtotal: $19,865 3.5 Demolition - Phase 2 - 20 Days a. 8 hours of miscellaneous technician time (Registered Special Inspector/Technician) ($640) Demolition Subtotal: $640 3.6 Foundations a. GMU to provide Registered Special Inspections only (Slab Subgrade, Foundation -Footings and Grade Beams, Slabs, Reinforcing Steel and Concrete) ($15,200) i. Registered Concrete Inspector -152 man-hours b. Concrete cylinders (32 Breaks - CDC Costs) ($896) Foundation Subtotal: $16,096 3.7 Steel (Revised) a. GMU to provide Registered Special Inspection for bolting, welding, erection, and ultrasonic testing I. Full-time Registered Special Inspector/Technician (Registered Steel/Welding Inspector) - 596 man-hours ($59,600) ii. Ultrasonic Testing - 32 man-hours (special rate - ODC Costs) ($4,224) Steel Subtotal: $63,824 3.8 Envelope and MEPS a. GMU to provide miscellaneous inspections as requested (Registered Special Inspector/Technician)($1,600) I. Inspections largely to be made by City Building and Safety Inspection Staff ii. 16 man-hours Envelope and MEPS Subtotal: $1,600 Parking lot Construction (New Task) a. GMU to provide inspections by Senior Geotechnical Technician/Inspector ($4,400) i. 40 man-hours Parking Lot Construction Subtotal. $4,400 PACKAGE 4 - DOCKS CONSTRUCTION (Revised) a. GMU to provide miscellaneous inspections as requested (Registered Special Inspector/Technician)($1,600) I. Inspections largely to be made by City Building and Safety and/or Public Works Inspection Staff ii. 16 man-hours b. GMU to provide FT inspection during pile driving. ($4,400) I. GMU to provide Senior Geotechnical Technician/Inspector ii. 40 man hours iii. Assumes 30 piles at a production rate of 6 piles per day. Package 4 Subtotal: $6,000 AS -CONSTRUCTED REPORTS (Revised) • As -graded compaction report(s) for Buildings 3-6 • Special Inspection "daily" compilation with cover approval sheets. Total Cost Estimate: $4,000 TOTAL REMAING TASK COST ESTIMATE • Revised Phase 3 and 4 Costs (with additional 200 inspection hours) and Revised As -constructed reports costs. o $133,425 CURRENT COST SUMMARY • Original Total Budget (Phases 1- 4 & As -Constructed Report): $206,487 Package I: $2,200 Package 2: $ 87,062 Package 3: $107,025 Package 4: $1,600 As -Constructed Report: $8,600 Total: $206,487 Package 1 and 2 Cost Summary o Estimated completion date of Phase 2 tasks: 8/29114 o Estimated monies spent through the completion of Phase 2 tasks: $187,075 o Estimate of funds remaining after completion of Phase 2 tasks and Building 1 & 2 compaction report: • $206,487 - $187,075 = $19,412 • Cost Estimate to Complete Remaining Tasks (as outlined above): o$133,425 • Total Additional Costs Needed to Complete Tasks o $133,425 - $19,412 = $114,013 NEW TASKS In addition to the above described "revised cost estimate", two new additional tasks need to be incorporated into this proposal. These are described below. 1. RFI Consultants At the request of the City, coating inspection tasks to be performed by RFI Consultants, Inc. were added to our scope. The costs for these tasks will be incurred by RFI only and will be billed to the City on a pass through basis with no market. Fee Estimate: $11,620 2. Void Detection and Evaluation At the conclusion of tie -back drilling two soil settlement areas (aka collapsed voids) were observed in the field. To evaluate this occurrence as well as develop a procedure to verify within a reasonable certainty that no additional voids exist, the following scope of work was performed over a 3-4 week period. • Scope o Equipment • GPR • Direct Push Rig • Field Observations and oversight o Footing probing o GPR operations o Footing bottom compaction operation o Direct Push observations o Field Meetings • Professional o Numerous meetings and teleconferences o Data evaluation and analyses o Interaction with GE of record The costs for this scope as well as the cost for outside contractors (i.e. GPR testing and a Direct Push drill rig and crew) are summarized below. Equipment Costs: $20,125 Professional and Field Observation Costs: $13,500 Total Costs: $33,125 SUMMARY Consequently, we respectfully request an increase in budget in the amount of $114,013 +$11,620 + $33,125 = $158,758 All work is proposed to be billed on a time -and -material basis in accordance with the Marina Park fee schedule contained in Appendix A. As always costs may vary depending on construction schedule, quality of the work performed by the contractor, etc. (i.e., costs may be below or above the total cost). However, we have done everything possible to estimate the remaining budget required to complete the tasks (i.e. re-evaluated inspection man hours based on current schedules, met with overall project manager and construction superintendent for phase 3 construction, etc.). Please do not hesitate to call if you have any questions regarding this information or if you would like to discuss our qualifications in further detail. CITY OF F NEWPORT REACH City Council Staff Report October 28, 2014 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: (949) 644-3323 TITLE: Amendment No. 1 to Professional Services Agreement with GMU Geotechnical, Inc. for Marina Park Specialty Inspection and Material Testing Services (CAP09- 0070) ABSTRACT: GMU Geotechnical, Inc. (GMU) has been retained to provide specialty inspection and material testing services for the Marina Park Project. Staff recommends approval of Professional Services Agreement No. 1 with GMU to allow for such services for the balance of the project construction duration. RECOMMENDATION: Approve Amendment No. 1 with GMU Geotechnical, Inc. of Rancho Santa Margarita, California, for additional specialty inspection and material testing services for the Marina Park Project at a not -to -exceed price of $158,758.00, and authorize the Mayor and City Clerk to execute Amendment No. 1. FUNDING REQUIREMENTS: Contract costs will be expensed to the Marina Park Project Account No. 7411-C4002002 as follows: Vendor Purpose Amount GMU Geotechnical, Inc. PSA Amendment No. 1 $ 158,758.00 Total: $ 158,758.00 DISCUSSION: On November 13, 2013, the City entered into a professional services agreement (PSA) with GMU for a contract amount of $206,487.00 to provide geotechnical, specialty and registered special inspection services for the Marina Park Project. During the course of the Package 2 (Marina Basin) construction, installation difficulties and unknown sub- surface challenges with the stone column, concrete sheet pile and tieback installations were encountered, which resulted in added and unanticipated oversight and testing efforts by GMU in orderto provide 6-1 necessary quality control and oversight to overcome the issues. It is expected that nearly all the allocated GMU inspection funds will be exhausted by the end of Package 2 (Marina Basin) construction. As a result, the scope of work and cost detailed in GMU's PSA needs to be amended to cover the necessary oversight, inspection and testing work required to complete the Package 3 (Buildings and Site Work) and 4 (Docks) construction effort. Staff has been pleased with GMU's work to date, and is comfortable making this recommendation. Overall, the Marina Park project remains on budget and on schedule. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The Final Environmental Impact Report for the Marina Park Project was adopted by City Council on May 11, 2010. 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). ATTACHMENTS: Description AttachmentA- Amendment No. 1 with GMU Geotechnical Inc. 6-2 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR MARINA PARK — INSPECTION AND TESTING THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 21 st day of October, 2014 ("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, California 92688, and is made with reference to the following: RECITALS A. On November 13, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to perform geotechnical, specialty, and registered special inspection services for the Marina Park Project ("Project"). B. City desires to enter into this Amendment No. 1 to reflect additional Services not included in the Agreement and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to Amendment One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit A and incorporated herein by reference ("Services` or "Work"). Exhibit B to the Agreement and Exhibit A to Amendment No. One shall collectively be known as "Exhibit A." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 A and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Sixty Five Thousand Two Hundred Forty Five Dollars and 001100 ($365,245.00), without prior written authorization from City. No billing rate changes 6-3 shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. 1, including all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred Fifty Eight Thousand Seven Hundred Fifty Eight Dollars and 00/100 (158,758.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] GMU Geotechnical, Inc. Page 2 9M IN WITNESS WHEREOF, the parties have caused this Amendment No. [1] to be executed on the dates written below. APPROVED AS TO FORM: CITY AT N 'S OFFICE Date: % By: Aaron C. Harp oM io)oa[iH City Attorney ATTEST: Date: M Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II Mayor CONSULTANT: GMU Geotechnical, Inc., a California corporation Date: By: Gregory P. Silver, MSc, PE, GE President By: Mike Moscrop Vice President/Secretary [END OF SIGNATURES] Exhibit A — Scope of Services & Schedule of Billing Rates GMU Geotechnical, Inc. Page 3 6-5 Exhibit A Scope of Services/Schedule of Billing Rates Amendment No. One — Marina Park Inspection and Testing Services Amendment No. One reflects revisions to the original Scope of Work and Compensation, as well as additional services not originally included in the Scope of Work. REVISED SCOPE & COST ESTIMATES PACKAGE 3 - COMMUNITY CENTER AND PARK 3.1 Wet Utilities GMU to provide backfill compaction testing (Registered Special Inspector/Technician) a. 20 days at 4 hours/day = 80 man-hours ($8,000) i. City inspectors to observe and approve utility line placement and shading as well as rough oversight. b. Lab testing ($900) i. Compaction (2) ii. Sand equivalent (4) Wet Utility Subtotal: $8,900 3.2 Demolition Phase 1 a. 8 hours of miscellaneous technician time (Registered Special Inspector/Technician) ($800) 3.3 DIY Utilities GMU to provide backfill compaction testing. a. Registered Special Inspector/Technician on-site part-time - 4 hours/day for 20 working days= 80 man-hours ($6,400) i. City inspectors to observe and approve utility line placement and shading as well as rough oversight. b. Lab testing ($900) L Compaction (2) ii. Sand equivalent (4) Dry Utility Subtotal: $7,300 3.4 Gradine a. Senior Geotechnical Technician/Inspector on-site full-time - 8 hours/day for 20 working days= 160 man-hours ($17,600) i. GMU to provide main inspections and compaction testing. ii. Terra Costa to provide check inspections. iii. City inspectors to provide rough oversight. b. Lab Testing ($900) i. Compaction (2) ii. Sieve analyses for potential import (2) c. Professional Oversight/Project Management ($1,365) i. 1 hour per week ii. 1 site meeting/month Grading Subtotal: $19,865 3.5 Demolition - Phase 2 - 20 Days a. 8 hours of miscellaneous technician time (Registered Special Inspector/Technician) ($640) Demolition Subtotal: $640 3.6 Foundations a. GMU to provide Registered Special Inspections only (Slab Subgrade, Foundation -Footings and Grade Beams, Slabs, Reinforcing Steel and Concrete) ($15,200) i. Registered Concrete Inspector - 152 man-hours b. Concrete cylinders (32 Breaks - CDC Costs) ($896) Foundation Subtotal: $16,096 3.7 Steel (Revised) a. GMU to provide Registered Special Inspection for bolting, welding, erection, and ultrasonic testing i. Full-time Registered Special Inspector/Technician (Registered Steel/Welding Inspector) - 596 man-hours ($59,600) ii. Ultrasonic Testing - 32 man-hours (special rate - CDC Costs) ($4,224) Steel Subtotal: $63,824 6-7 3.8 Envelope and MEPS a. GMU to provide miscellaneous inspections as requested (Registered Special Inspector/Technician) ($1,600) i. Inspections largely to be made by City Building and Safety Inspection Staff ii. 16 man-hours Envelope and MEPS Subtotal: $1,600 Parking Lot Construction (New Task) a. GMU to provide inspections by Senior Geotechnical Technician/Inspector ($4,400) i. 40 man-hours Parking Lot Construction Subtotal: $4,400 PACKAGE 4 - DOCKS CONSTRUCTION (Revised) a. GMU to provide miscellaneous inspections as requested (Registered Special Inspector/Technician)($1,600) i. Inspections largely to be made by City Building and Safety and/or Public Works Inspection Staff ii. 16 man-hours b. GMU to provide FT inspection during pile driving. ($4,400) i. GMU to provide Senior Geotechnical Technician/Inspector ii. 40 man hours iii. Assumes 30 piles at a production rate of 6 piles per day. Package 4 Subtotal: $6,000 AS -CONSTRUCTED REPORTS (Revised) • As -graded compaction report(s) for Buildings 3-6 • Special Inspection "daily" compilation with cover approval sheets. Total Cost Estimate: $4,000 TOTAL REMAING TASK COST ESTIMATE • Revised Phase 3 and 4 Costs (with additional 200 inspection hours) and Revised As -constructed reports costs. o $133,425 CURRENT COST SUMMARY • Original Total Budget (Phases 1- 4 & As -Constructed Report): $206,487 Package I: $2,200 Package 2: $ 87,062 Package 3: $107,025 Package 4: $1,600 As -Constructed Report: 8 600 Total: $206,487 Package 1 and 2 Cost Summary o Estimated completion date of Phase 2 tasks: 8/29114 o Estimated monies spent through the completion of Phase 2 tasks: $187,075 o Estimate of funds remaining after completion of Phase 2 tasks and Building 1 & 2 compaction report: • $206,487 - $187,075 = $19,412 • Cost Estimate to Complete Remaining Tasks (as outlined above): o$133,425 • Total Additional Costs Needed to Complete Tasks o $133,425 - $19,412 = $114,013 I�I�rdiL•FY;f7 In addition to the above described "revised cost estimate", two new additional tasks need to be incorporated into this proposal. These are described below. 1. RFI Consultants At the request of the City, coating inspection tasks to be performed by RFI Consultants, Inc. were added to our scope. The costs for these tasks will be incurred by RFI only and will be billed to the City on a pass through basis with no market. Fee Estimate: $11,620 2. Void Detection and Evaluation At the conclusion of tie -back drilling two soil settlement areas (aka collapsed voids) were observed in the field. To evaluate this occurrence as well as develop a procedure to verify within a reasonable certainty that no additional voids exist, the following scope of work was performed over a 3-4 week period. • Scope o Equipment GPR Direct Push Rig • Field Observations and oversight o Footing probing o GPR operations o Footing bottom compaction operation o Direct Push observations o Field Meetings • Professional o Numerous meetings and teleconferences o Data evaluation and analyses o Interaction with GE of record The costs for this scope as well as the cost for outside contractors (i.e. GPR testing and a Direct Push drill rig and crew) are summarized below. Equipment Costs: $20,125 Professional and Field Observation Costs: $13,500 Total Costs: $33,125 RED] SUMMARY Consequently, we respectfully request an increase in budget in the amount of $114,013 +$11,620 + $33,125 = $158,758 All work is proposed to be billed on a time -and -material basis in accordance with the Marina Park fee schedule contained in Appendix A. As always costs may vary depending on construction schedule, quality of the work performed by the contractor, etc. (i.e., costs may be below or above the total cost). However, we have done everything possible to estimate the remaining budget required to complete the tasks (i.e. re-evaluated inspection man hours based on current schedules, met with overall project manager and construction superintendent for phase 3 construction, etc.). Please do not hesitate to call if you have any questions regarding this information or if you would like to discuss our qualifications in further detail. 6-11 PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR MARINA PARK — INSPECTION AND TESTING THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 13th day of November, 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. 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 desires to engage Consultant to perform geotechnical, specialty, and registered special inspection services for the Marina Park Project ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. 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: (I The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2016, unless terminated earlier as set forth herein. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 9. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by 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. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Six Thousand Four Hundred Eighty Seven Dollars and 00/100 ($206,487.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 43 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit 6 to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. GMU Geotechnical, Inc. Page 2 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as 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 Dr. Ali Bastani to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to 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. 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. GMU Geotechnical, Inc. _ _ _ Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 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, 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, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim, collectively, "Claims"), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, 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 attorneys' 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. No GMU Geotechnical, Inc. Page 4 civil service status or other right of employment shall accrue to Consultant or its employees. (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 of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specked 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. 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 co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting GMU Geotechnical, Inc. Page 5 power or twenty-five percent (25%) or more of the assets of the corporation, partnership orjoint-venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval 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 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 prior 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. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant, By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall xnmz>xuwma;,+w ,»nxvmM m,qe.«? muuumrv+u�m ;:.vmraww.w;.m._ _ .,,._. wuh xw±,va � xaromn ,ixmw mw,owrm.umm GMU Geotechnical, Inc. Page 6 be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project, For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. fflmmrg*]Hm�� 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 expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services 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 under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices 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 to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant 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 GMU Geotechnical, Inc. Page 7 not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or 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. 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 Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 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. 24.2 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 immediate 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. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, 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. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: GMU Geotechnical, Inc. Page 8 Attn: Iris Lee, Senior Civil Engineer Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Dr, Ali Bastani, PhD, PE, GE GMU Geotechnical, Inc. 23241 Arroyo Vista Rancho Santa Margarita, CA 92688 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 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, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than 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, -,,, ; W Wli GMU Geotechnical, Inc. Page 9 Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 26. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 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, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 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. 29.4 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. 29.5 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. mill,.^. mmea.,w_vnwm+n _ w.wamva ,.. LL , r�vrn wrmixpm s?rvxnmr�xirw nmTxa,n„„_w{ n n;:,..mm�;mw;,e„ r _ .vawemho-rmm'M GMU Geotechnical, Inc. Page 10 29.6 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 rule of construction which might otherwise apply. 29.7 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. 29.8 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. 29.9 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, State of California. 29.14 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, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE) �11. _,. _� -,-- _ m .11� GMU Geotechnical, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTM'S OFFICE Date: Y Aaron C. Harp City Attorney X ATTEST: ./..7 Date: /a By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Cu ry Mayor CONSULTANT: GMU Geotechnical, Inc., a California corporation Date: 1z11y -x o, 0 �11►1:I� Date: i-2-/ 1.2-1 i. g � i Gary n, PE, GE Chief Executive Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements :.-nr:•...:um .. m�,.,m:., ..,�m!..!mncm!!mnmmm!mnnn!m�m. nmm�-mnnmm!mrmem:amr.!mlmnmvr Tmimmmmrtre,-!:rarmm�.v:mmnrmmn^Jnr:�mrmmmnm*nm�rrme�.:mmmc�!rswuncmrrcmn ^� GMU Geotechnical, Inc. Page 12 WA4 M I I ml kr_1 GMU Geotechnical, Inc. Page A-1 GEOTECHNICAL, WC. 23241 Arroyo Vista Rancho Santa Margarita CA 92688 voice: 949.888.6513 fax: 949.888.1380 web: www.gmugeo.com PROPOSAL, QUALIFICATIONS, AND PROPOSED PROJECT APPROACH GENERAL ASSUMPTIONS A. The project is prevailing wage. B. Costs are estimates based on time and material. If assumptions are exceeded, additional monies may be required. If assumptions are not realized, costs will be below those estimated. C. Marina Park — Prevailing Wage Schedule of Charges (See Appendix A) D. Schedule of Charges to be kept in place until completion of project. EXPERIENCE GMU is uniquely qualified to perform the observation and testing services at the Marina Park project. We have experience in all facets of the proposed construction — from rock/stone columns to sheet piles and tiebacks to grading and to registered special inspection (See Appendix B), WORK/PERSONNEL APPROACH a. Project Organizational Chart a. A project organization chart is presented in Appendix C. b. Project Management a. The Package 2/Grading portion of the project will be overseen by an Associate -level professional staff member who was involved in the plan check review process — Dr. Ali Bastani. Dr. Bastani has a Ph.D. from UC Davis emphasizing soil dynamics and earthquake engineering (see attached resume). GMU's President, Greg Silver, will also be involved in the project as needed ensuring project continuity. c. Observations/Testing/Inspections a. Senior Geotechnical Technician/Registered Special Inspector i. A uniquely qualified senior geotechnical technician/registered special inspector will be utilized for Package 2 inspections and the grading portion of Package 3. This individual will have a significant level of experience with all aspects of the construction in Package 2 (i.e., stone/rock columns, tie -backs, sheetpiles, and related grading) and be Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project certified as required for any required Registered Special Inspections that may be needed during the Package 2/Grading work. ii. Because of the multi -disciplined experience and certifications, this person will be able to perform several inspections at one time. iii. No 4 -hour minimums will be applied. b. Registered Special Inspector/Technician i. For standard inspection tasks and more routine soils/compaction testing, a registered special inspector or staff soils technician will be utilized. ii. The rate for this inspector/technician will be less than for the senior geotechnical technician. iii. No 4 -hour minimums will be applied. PROPOSAL/COST ESTIMATES PACKAGE I — DEMOLITION Assumptions: a. Senior Geotechnical Technician/Inspector on-site part-time — 4 hours/week for 5 weeks = 20 man-hours b. City to provide main inspections c. GMU to provide check observations Cost Estimate: $2,200 Package 1 Total: $2,200 PACKAGE 2 — MARINA BASIN CONSTRUCTION 2.1 Stone Column Construction Assumptions: a. Senior Geotechnical Technician/Inspector on-site full-time — 8 hours/day for 40 Working Days — 320 man-hours i. GMU to provide main inspections for City. ii. Terra Costa to perform check inspections. iii, Contractor to have its own QA/QC personnel. iv. City to provide rough oversight. v. Services to include vibration monitoring if/as needed. October 23.2013 2 G.MU Project 12-095-] 0 Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project b. Lab/Materials Testing i. Check grain size/sieve analyses (4) c. Professional Oversight/Project Management i. I hour per week ii. I site meeting/month Cost Estimate: a. $35,200 b. $ 880 c. $ 2,730 Stone Column Subtotal: $38,810 2.2 Sea Wall Construction Assumptions: a. Senior Geotechnical Technician/Inspector on-site full-time — 8 hours/day for 50 Working hays = 400 man-hours (per agreement with the City) i. GMIJ to provide main inspections for City. ii. Terra Costa to perform check inspections. iii. City inspectors to provide rough oversight. b. Lab/Materials Testing i. Concrete Cylinders — Cap Beam 10 pours — 3 cylinders/breaks per pour = 30 breaks c. Professional Oversight/Project Management i. 1 hour per week ii. 1 site meeting/month Cost Estimate: a. $44,000 b. $ 840 c. $ 3,412 Sea Wail Subtotal: $48,252 October 23, 2013 3 GMU Project 12-095-10 Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project PACKAGE 3 — COMMUNITY CENTER AND PARK 3.1 Wet Utilities Assumptions: GMU to provide backfill compaction testing (Registered Special Inspector/Technician) a. 20 days at 4 hours/day = 80 man-hours i. City inspectors to observe and approve utility line placement and shading as well as rough oversight. b. Lab testing i. Compaction (2) ii. Sand equivalent (4) Cost Estimate: a. $8,000 b. $ 900 Wet Utility Subtotal: $8,900 3.2 Demolition Phase 1 Assumptions: a. 8 hours of miscellaneous technician time (Registered Special Inspector/Technician) Cost Estimate: a. $800 3.3 Dry Utilities Assumptions: GMU to provide backfill compaction testing. a. Registered Special Inspector/Technician on-site part-time — 4 hours/day for 20 working days = 80 man-hours i. City inspectors to observe and approve utility line placement and shading as well as rough oversight. b. Lab testing i. Compaction (2) ii. Sand equivalent (4) October 23, 2013 4 GMU Project 12-095-10 Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project Cost Estimate: a. $6,400 b. $ 900 Dry Utility Subtotal: $7,300 3.4 Grading Assumptions: a. Senior Geotechnical Technician/Inspector on-site full-time — 8 hours/day for 20 working days = 160 man-hours i. GMU to provide main inspections and compaction testing. ii. Terra Costa to provide check inspections. iii. City inspectors to provide rough oversight. b. Lab Testing i. Compaction (2) ii. Sieve analyses for potential import (2) c. Professional Oversight/Project Management i. 1 hour per week ii. 1 site meeting/month Cost Estimate: a. $17,600 b. $ 900 c. $ 1,365 Grading Subtotal: $19,865 3.5 Demolition — Phase 2 — 20 Days Assumptions a. 8 hours of miscellaneous technician time (Registered Special Inspector/Technician) Cost Estimate: a. $640 October 23. 2013 5 GMU Project 12-095-10 Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project 3.6 Foundations Assumptions: a. GMU to provide Registered Special Inspections only (Slab Subgrade, Foundation — Footings and Grade Beams, Slabs, Reinforcing Steel and Concrete) i. Registered Concrete Inspector— 152 man-hours b. Concrete cylinders (32 Breaks — ODC Costs) Cost Estimate: a. $15,200 b. $ 896 Foundation Subtotal: $16,096 3.7 Steel Assumptions: a. GMU to provide Registered Special Inspection for bolting, welding, erection, and ultrasonic testing i. Full-time Registered Special Inspector/Technician (Registered Steel Welding Inspector) — 476 man-hours ii. Ultrasonic Testing — 32 man-hours (special rate— ODC Costs) Cost Estimate: a. i. $47,600 ii. $ 4,224 Steel Subtotal: $51,824 3.8 Envelope and MEPS Assumptions: a. GMU to provide miscellaneous inspections as requested (Registered Special Inspector/Technician) i. Inspections largely to be made by City Building and Safety Inspection Staff ii. 16 man-hours Cost Estimate: a. $1,600 October 23, 2013 6 GMU Project 12-095-10 Ms. his Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project PACKAGE 4 —DOCKS CONSTRUCTION Assumptions: a. GMU to provide miscellaneous inspections as requested (Registered Special Inspector/Technician) i. Inspections largely to be made by City Building and Safety and/or Public Works Inspection Staff ii. 16 man-hours Cost Estimate: a. $1,600 AS -CONSTRUCTED REPORT Option 1 Option 2: COST SUMMARY Comprehensive As -Constructed Report Cost Estimate: $8,600 Construction Document Compilation Cost Estimate: $3,800 Package 1: $ 2,200 Package 2: $ 87,062 Package 3: $107,025 Package 4: $ 1,600 As -Constructed Report: $ 3,800 - $8,600 All work is proposed to be billed on a time -and -material basis in accordance with the Marina Park fee schedule contained in Appendix A. Costs may vary depending on construction schedule, quality of the work performed by the contractor, etc. (i.e., costs may be below or above the total cost), however, we will keep an on-going record of costs and will not exceed the total cost for any reason without your prior authorization. October 23, 2013 7 GMU Project 12-095-10 Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project Please do not hesitate to call if you have any questions regarding this information or if you would like to discuss our qualifications in further detail. Respectfully submitted, INC. Greg& P. Si yet' M�.Se., PE, GE Registered Cingineer 47853 Registered Geot� rhnieal Engineer 2336 PresidentlPrincrp4l Engineer gps/12-095-IOP (10.23-13) 23.1-013 8 GIMU Project 12-095-10 GMU Geotechnical, Inc. Page B-1 _.;._ GEOTECHNICAL, INC. MARINA PARK SCHEDULE OF CHARGES 2013-2014 (Prevailing Wage) PROFESSIONAL SERVICES Principal Engineer or Geologist $ 225.00/hour Associate Engineer or Geologist $ 145,00/hour Senior Engineer or Geologist $ 180.001hour Project Engineer or Geologist $ 160.00/hour Staff Engineer or Geologist $ 145.001hour Deposition/Testimony $ 450.00/hour Graphic Illustration/CADD $ 100.00/hour Document Preparation and Administrative Project Services $ 85.00/hour FIELD INSPECTION & TESTING SERVICES Senior Geotechnical Technician/ Registered Special Inspector (No 4 hour minimum)* $ 110.001hour • Minimum 20 years experience • Multi -trained and certified technicians (Soils, Materials, and Specialty Inspections) • Special training and experience with: o Soils/Grading o Rock/Stone Columns o Sheet Piles o Tie -backs o Reinforced Concrete o Pavement o Piles Registered Special Inspector/Technician ("No 4 hour minimum)* $ 100.00/hour • Certifications by ACI, ICC, City of Newport Beach • Special inspections for: o Reinforced concrete o Masonry o Steel/Welding o All other requested tests • Backfill Compaction Testing *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. LABORATORY TESTING SERVICES Laboratory Testing (soils, aggregate, asphalt, etc.) Per Lab Fee Schedule Outside Laboratory Services (concrete, grout, mortar, rebar, etc.) Cost + 15% Concrete Cylinder/Prism Breaks $28.00/sample OTHER CHARGES _._..._ Outside Services Cost + 15% Reimbursables Cost OUTSIDE SPECIALTY TESTING Ultrasonic Testing $ 132.00/hour CW GEOTECHNICAL, INC. Marina Park Laboratory Testing Fee Schedule 2013-2014 ® e •e 7DENTIPICATION&1NCEXPROPERTIES,i\n'ttal.t,i,1t l,.rt\a„auat3 n tUr 1U7, i;Uti U`klt. it\ut t l Y4\t \vill 11ittat� ,_VMn, 1t °” n s Moisture Content ASTM D 2216 $ 10 Moisture Content & Density 6 inch tube or rings) ASTM D 2937 25 Moisture Content & Density (Shelby tube orre vires cutting ASTM D 2937 50 Atterber2 Limits ASTM D4318 200 Single Point/Non-plastic ASTM D 4318 100 Particle Size — Sieve 3/4" to —#200 ASTM D 422 200 — Hydrometer only ASTM D 422 150 — Sieve & Hydrometer ASTM D 422 300 Specific Gravity — Fine(passing #4 ASTM D 854 100 — Coarse retained on #4 ASTM C 127 100 % Passing # 200 ASTM D 1140 100 Total Porosity 100 Sand Equivalent DOT CA Test 217 100 a501CCHEMISTRYN.t„?,.;�k��':t�R`.„zlUti`"t;'tUi,�`1: H DOT CA 643 35 Minimum Resistivity minimum ofpoints) DOT CA Test 643 75 Sulfate Content— Turbidimetric DOT CA Test 417 Part II 75 Chloride Content DOT CA Test 422 50 Corrosion Suite H Resistivi Chloride Sulfate DOT CA 417(422/643 200 Direct Shear 3points) ASTM D 3080 250 Residual Shear rice per pass after shear Shear + 50% Remolding or Hand Trim mtn of s ecimens er point)50 ,�+COMPACTION&BEARItJG;.CARACITY'tr R -Value ASTM D 2844 250 Standard Proctor Compaction - 4 oints ASTM D 698 4 inch mold/6 inch mold Methods A&B Method C 250 Modified Proctor Compaction Max Density) - 4 points 4 inch mold/6 inch mold Method A & B Method C 250 Check Point 70 Correction of Soils w/ Oversize Particles ASTM D 4718 25 UCONSOLIDATION.AND'WELL UTE T.S'nti �i ).UraJ ; r, taa gvT'b� `1U at `� t x>\„ 'fill v2Uh+ l spa Consolidations (includes up to 8loading increments w/ water up to 10 ksf & unloading with Strain us P curve ASTM D 2435 250 Time Reading & Curve per Increment 50 Expansion Index ASTM D 4829 200 Swell/Collapse Test — Method A (Up to 10 loading/unloading saturation increments w/o time curves ASTM D 4546 Method A 275 Single Load Swell/Collapse Test - Method B (Seat, load, and inundate only) ASTM D 4546 Method B 150 Swell/Collapse Test — Method C ASTM D 4546 Method C 375 Collapse Potential of Soils ASTM D 5333 250 NYDRAULICLTESTS Permeability of Granular soils Constant Head) ASTM D 2434 110 — Undisturbed Tube Sample 175 — Remolded Sample 250 Triaxial Permeability in Flexible -Wall Permeameter with Backpressure Saturation - at One Effective Stress(Falling EPA 9100/ASTM D 5084 Head Method C 275 - Each Additional Effective Stress 110 - Hand Trimming of Soil Samples for Horizontal K 50 Dail charge for Lon Term Tests exceeds7days 50 Remolding of Test Specimens I 50 -I- m % Asphalt by Ignition ASTM D 2172 100 % Asphalt by Ignition and Gradation 200 Unit Weight of Compacted Specimens/Paraffin Coated ASTM D 2726/1188 60/80 Maximum Density (Hveem) ASTM D 1561 150 Maximum Density (Marshall) 250 Laboratory Technician $ 100/hour Laboratory Manager/ Registered Engineer $ 145/hour Principal Engineer $ 225/hour *Fee schedule is for laboratory testing only. Report preparation or special services not shown will be billed at the appropriate hourly rate. -2- EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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. 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. 3. Coverage Requirements. A. 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. 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. B. 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 CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, 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. C. 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 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 GMU Geotechnical, Inc. Page C-1 Ell 5. vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liabilitv (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. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, 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. C. 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. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. Additional Agreements Between the Parties. The parties hereby agree to the following: A. 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 _W:h.MN.M�abin._...M�E1WiCti VMTM.9.1Y'iWMxWtt!uSmNmp �'.V\.. .. X�N.S mwvaaMsvmmm�glr'n �,._ mmw:mwa'µMv:n mmtlax@uiWd FNM M.LL,tttiYWroCrvnM4, %'?M ;N, m*CmNu. GMU Geotechnical, Inc.- �� Page C-2� Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. E. 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. F. 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. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. 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 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received_ 11/8113 Date Completed: 11/8113 _ Dept./Contact Received From: Vladimir Sent to: Vladimir By: Chris Company/Person required to have certificate: GMU Geotechnical Inc. Type of contract: All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/13-11/1/14 A. INSURANCE COMPANY: Travelers Indemnity Company of Conn B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000 000/2,000,000 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 INSURED WORDING 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: 11/1/13-11/1/14 I INSURANCE COMPANY: Travelers Property Casualty Company AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E LIMITS Waiver of Auto Insurance t Proof of coverage (if individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): G. HIRED AND NON -OWNED AUTO ONLY: 1,000,000 N/A ® N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/1/13-11/1/14 A. INSURANCE COMPANY: American Automobile Insurance Company 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) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED W. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 11/8/13 Date 1,000,000 M Yes ❑ No N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. SEW PpRr CITY OF NEWPORT REACH' City Council Staff Report Agenda Item No. 7 November 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3330, dawebb@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer 949-644-3323, ilee(a)newportbeachca.gov APPROVED: J .. 0. TITLE: Professional Services Agreement with GMU Geotechnical, Inc. for Marina Park Specialty Inspection And Material Testing Services ABSTRACT: The Marina Park Project will be under construction soon. Due to the specialty trade work included in the project, staff is requesting City Council approval of a Professional Services Agreement with GMU Geotechnical, Inc. (GMU), to provide necessary specialty inspection and material testing services during construction. RECOMMENDATION: Approve a Professional Services Agreement with GMU Geotechnical, Inc. of Rancho Santa Margarita, California, for the specialty inspection and material testing services needed for the Marina Park Project at a cost not to exceed $206,487.00 and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: There are sufficient funds in Project Account No. 7411-C4002002 for this work. DISCUSSION: The first phase of Marina Park construction is scheduled to begin in December 2013. As this long awaited project includes complex buildings and site construction, a construction materials testing and inspection firm with experience and licensing to test and inspect specialty trade work is required. This will assist City and contract staff in ensuring the project is built in accordance with applicable codes and project specifications. 1 of 30 Professional Services Agreement with GMU Geotechnical, Inc. for Marina Park Specialty Inspection And Material Testing Services November 12, 2013 Page 2 In September 2013, staff issued a Request for Proposals to provide inspection and testing services for the Marina Park Project. Two firms submitted proposals. Upon independent evaluation of the proposals, staff and Griffin Structures (Marina Park contract construction manager) selected GMU Geotechnical, Inc. as the most qualified based on their understanding of the project, ability to provide comprehensive inspection services and previous experience with stone column soil densification. GMU's scope of services includes the following: • Geotechnical material testing and inspection; • Stone column and seawall construction material testing and inspection; • Deputy inspection services (i.e., concrete, steel, welding, masonry); and • Comprehensive inspection report. Complete details of GMU's services are included in the attached Professional Services Agreement. Staff negotiated a not to exceed fee of $206,487.00 with GMU to provide specialty inspection and material testing services for the duration of Marina Park construction. The negotiated fees are consistent with market rates for the proposed services. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The Final Environmental Impact Report for the Marina Park Project was adopted by City Council on May 11, 2010. 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 e David A. Webb Public Works Director Attachment: A. Professional Services Agreement with GMU Geotechnical, Inc. 2 of 30 Attachment A PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR MARINA PARK — INSPECTION AND TESTING THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 13th day of November, 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. 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 desires to engage Consultant to perform geotechnical, specialty, and registered special inspection services for the Marina Park Project ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. 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 Effective Date, and shall terminate on August 31, 2016, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be 3 of 30 performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by 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. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Six Thousand Four Hundred Eighty Seven Dollars and 00/100 ($206,487.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. .rc=.1-_zamam zmec�•m ss mcrosc: sns^_so.- vn: �mvxz:rmv.amxa_c�ax=xmwn _:om�msxaxscrtr��r_rwrs.Svc=rn�a .rcommo uemnuan_�m�onamM _MI:�LIS. Ma. GMU Geotechnical, Inc. Page 2 4 of 30 Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as 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 Dr. Ali Bastani to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. The City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to 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. 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. GMU Geotechnical, Inc. Page 3 5 of 30 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 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, 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, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, 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 attorneys' 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. No GMU Geotechnical, Inc. Page 4 6 of 30 civil service status or other right of employment shall accrue to Consultant or its employees. 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 of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. i[�f`6�i17\�L 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 in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 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 co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting GMU Geotechnical, Inc. Page 5 7 of 30 power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval 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 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 prior 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. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall „�...x.�camras ay.^.s:uznca�esavnrau •._.-..__ •.._a-:aav�zinazrs�iuwaasasaasv.Ysm_mxms�am+mmaanamraasamemivm+nw,nirmumi..o�rcrvommimw�animrt��eeu�s.��mrnanrzxm�i GMU Geotechnical, Inc. Page 6 8 of 30 be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. 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 expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services 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 under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices 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 to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant 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 GMU Geotechnical, Inc. Page 7 9 of 30 not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or 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. 22. 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 Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 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. 24.2 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 immediate 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. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, 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. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: GMU Geotechnical, Inc. Page 8 10 of 30 Attn: Iris Lee, Senior Civil Engineer Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Dr. Ali Bastani, PhD, PE, GE GMU Geotechnical, Inc. 23241 Arroyo Vista Rancho Santa Margarita, CA 92688 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 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, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than 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, GMU Geotechnical, Inc. Page 9 11 of 30 Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 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, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 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. 29.4 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. 29.5 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. GMU Geotechnical, Inc. Page 10 12 of 30 29.6 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 rule of construction which might otherwise apply. 29.7 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. 29.8 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. 29.9 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, State of California. 29.10 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, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] GMU Geotechnical, Inc. Page 11 13 of 30 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT NEY'S OFFICE Date: By:.Y� Aaron C. Harp h{� City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D Mayor Curry CONSULTANT: GMU Geotechnical, Inc., a California corporation Date: By: Gregory P. Silver, MSc, PE, GE President Bv: Gary Urban, PE, GE Chief Executive Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements °.N.1".ECSM1SOCCA3ffiS3tCAT1Rn'[LC'.2^.53W.9%CJCS:Y»M1IAGPS:AC.�L'113'a]�.LVPS^Sdr. EAIi!IS9'$HTIIILSROT6AilT. 39IC1.:tlSRIAd'SRC38P^JM5@4➢PR1IMtlRItlAPPW[IMIIYImi'lR�A41HICAR"lROM96LIiffii GMU Geotechnical, Inc. u Page 12 14 of 30 EXHIBIT A SCOPE OF SERVICES A]]2."bR.Y..Sfi35¢92SY£S.YZE'i1SYS5F£VSL¢6'.ILSi<^6_[R8I.S2ltiffiR S.id SSt r�._......_.......SLYfS3P]T.I[_K6i_3I4Y.[tl%APv10ESTPLT253:6Y�'FS1rtfA'R.1:RS.R'A91fiY16�_ffiYRP_S_6dRNRA6im'.'I®M.9N.'..i6.IDC9ESfECAmItl IDREIPI GMU Geotechnical, Inc. Page A-1 15 of 30 23241 Arroyo Vista Rancho Santa Margarita CA 92688 QW voice: 949.888.6513 GEOTECHNICAL INC. fax: 949.888.1380 . web: www.gmugeo.com PROPOSAL, QUALIFICATIONS, AND PROPOSED PROJECT APPROACH GENERAL ASSUMPTIONS A. The project is prevailing wage. B. Costs are estimates based on time and material. If assumptions are exceeded, additional monies may be required. If assumptions are not realized, costs will be below those estimated. C. Marina Park — Prevailing Wage Schedule of Charges (See Appendix A) D. Schedule of Charges to be kept in place until completion of project. EXPERIENCE GMU is uniquely qualified to perform the observation and testing services at the Marina Park project. We have experience in all facets of the proposed construction — from rock/stone columns to sheet piles and tiebacks to grading acid to registered special inspection (See Appendix B). WORIQPERSONNEL APPROACH a. Project Organizational Chart a. A project organization chart is presented in Appendix C. b. Project Management a. The Package 2/Grading portion of the project will be overseen by an Associate -level professional staff member who was involved in the plan check review process — Dr. Ali Bastani. Dr. Bastani has a Ph.D. from UC Davis emphasizing soil dynamics and earthquake engineering (see attached resume). GMU's President, Greg Silver, will also be involved in the project as needed ensuring project continuity. c. Observations/TestinglInspections a. Senior Geotecluucal TechnicianlReaistered Special Inspector i. A uniquely qualified senior geotechnical technician/registered special inspector will be utilized for Package 2 inspections and the grading portion of Package 3. This individual will have a significant level of experience with all aspects of the construction in Package 2 (i.e., stone/rock columns, tie -backs, sheetpiles, and related grading) and be 16 of 30 Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project certified as required for any required Registered Special Inspections that maybe needed during the Package 2/Grading work. ii. Because of the multi -disciplined experience and certifications, this person will be able to perform several inspections at one time. iii. No 4 -hour minimums will be applied. b. Registered Special Inspector/Technician i. For standard inspection tasks and more routine soils/compaction testing, a registered special inspector or staff soils technician will be utilized. ii. The rate for this inspector/technician will be less than for the senior geotechnical technician. iii. No 4 -hour minimums will be applied. PROPOSAL/COST ESTIMATES PACKAGE 1— DEMOLITION Assumptions: a. Senior Geotechnical Technicia i/Inspector on-site part-time — 4 hours/week for 5 weeks = 20 man-hours b. City to provide main inspections c. GMU to provide check observations Cost Estimate: $2,200 Package 1 Total: $2,200 PACKAGE 2 — MARINA BASIN CONSTRUCTION 2.1 Stone Column Construction Assumptions: a. Senior Geotechnical Tecluiician/Inspector on-site fall -time — 8 hours/day for 40 Working Days — 320 man-hours i. GMU to provide main inspections for City. ii. Terra Costa to perform check inspections. iii. Contractor to have its own QA/QC personnel. iv. City to provide rough oversight. v. Services to include vibration monitoring if/as needed. October 23, 2013 2 GMU Project 12-095-10 17 of 30 Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project b. Lab/Materials Testing i. Check grain size/sieve analyses (4) c. Professional Oversight/Project Management i. 1 hour per week ii. 1 site meeting/month Cost Estimate: a. $35,200 b. $ 880 c. $ 2,730 Stone Column Subtotal: $38.810 2.2 Sea Wall Construction Assumptions: a. Senior Geotechnical Technician/Inspector on-site full-time — 8 hours/day for 50 Working Days = 400 man-hours (per agreement with the City) i. GMU to provide main inspections for City. ii. Tetra Costa to perform check inspections. iii. City inspectors to provide rough oversight. b. Lab/Materials Testing i. Concrete Cylinders — Cap Beam 10 porus — 3 cylinders/breaks per pour = 30 breaks c. Professional Oversight/Project Management i. 1 hour per week ii. 1 site meeting/month Cost Estimate: a. $44,000 b. $ 840 c. $ 3,412 Sea Wall Subtotal: $48.252 October 23, 2013 3 GMU Project 12-095-10 18 of 30 Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project PACKAGE 3 — COMMUNITY CENTER AND PARK 3.1 Vet Utilities Assumptions: GMU to provide backfrlt compaction testing (Registered Special Inspector/Technician) a. 20 days at 4 hours/day = 80 man-hours i. City inspectors to observe and approve utility line placement and shading as well as rough oversight. b. Lab testing i. Compaction (2) ii. Sand equivalent (4) Cost Estimate: a. $8,000 b. $ 900 Wet Utility Subtotal: $8,900 3.2 Demolition Phase 1 Assumptions: a. 8 hours of miscellaneous technician time (Registered Special Inspector/Teclmician) Cost Estimate: a. $800 3.3 Dry Utilities Assumptions: GMU to provide backfill compaction testing. a. Registered Special hispector/Technician on-site part-time — 4 hours/day for 20 working days = 80 man-hours i. City inspectors to observe and approve utility line placement and shading as well as rough oversight. b. Lab testing i. Compaction (2) ii. Sand equivalent (4) 23, 2013 4 GMU Project 12-095-10 19 of 30 Ms. Iris Lee, CITY OF NEWPORT BEACH Proposal for Construction Observation and Testing Services, Marina Project Cost Estimate: a. $6,400 b. $ 900 Dray Subtotal: $7,300 3.4 Gradint Assumptions: a. Senior Geotechnical Technician/Inspector on-site full-time — 8 hours/day for 20 working days = 160 man-hours i. GMU to provide main inspections and compaction testing. ii. Terra Costa to provide check inspections. iii. City inspectors to provide rough oversight. b. Lab Testing i. Compaction (2) ii. Sieve analyses for potential import (2) c. Professional Oversight/Project Management i. 1 hour per week ii. I site meeting/month Cost Estimate: a. $17,600 b. $ 900 c. $ 1,365 Grading Subtotal: $19,865 3.5 Demolition — Phase 2 — 20 Days Assumptions a. 8 hours of miscellaneous technician time (Registered Special Inspector/Tecluucian) Cost Estimate: a. $640 October 23, 2013 GMTJ Project 20 of 30 Ms. Itis Lee, CITY OF NEWPORT BEACH Proposal far Constriction Observation and Testing Services, Marina Project 3.6 Foundations Assumptions: a. GMU to provide Registered Special Inspections only (Slab Subgrade, Foundation — Footings and Grade Beams, Slabs, Reinforcing Steel and Concrete) i. Registered Concrete Inspector —152 man-hours b. Concrete cylinders (32 Breaks — ODC Costs) Cost Estimate: a. $15,200 b. $ 896 Foundation Subtotal: $16,096 3.7 Steel Assumptions: a. GMU to provide Registered Special Inspection for bolting, welding, erection, and ultrasonic testing i. Full-time Registered Special Inspector/Technician (Registered Steel/Welding Inspector) — 476 man-hours ii. Ultrasonic Testing — 32 man-hours (special rate— ODC Costs) Cost Estimate: a. i. $47,600 ii. $ 4,224 Steel Subtotal: $51,824 3.8 Envelope and MSPS Assumptions: a. GMU to provide miscellaneous inspections as requested (Registered Special Inspector/Technician) i. Inspections largely to be made by City Building and Safety Inspection Staff ii. 16 man-hours Cost Estimate: a. $1,600 October 23, 2013 GMU Prqject 21 of 30 Ms. Ris Lee, CITY OF NEWPORT BEACH Proposalfor Construction Observation and Testing Services, Marina Project PACKAGE 4 —DOCKS CONSTRUCTION Assumptions: a. GMU to provide miscellaneous inspections as requested (Registered Special InspectorlTechnici m) i. Inspections largely to be made by City Building and Safety and/or Public Works Inspection Staff ii. 16 man-hours Cost Estimate: a. $1,600 AS -CONSTRUCTED REPORT Option 1: Comprehensive As -Constructed Report Cost Estimate: $8,600 Option 2: Construction Document Compilation Cost Estimate: $3,800 COST SUMMARY Package 1: $ 2,200 Package 2: $ 87,062 Package 3: $107,025 Package 4: $ 1,600 As -Constructed Report: $ 3,800 - $8,600 All work is proposed to be billed on a time -and -material basis in accordance with the Marina Park fee schedule contained in Appendix A. Costs may vary depending on construction schedule, quality of the work performed by the contractor, etc. (i.e., costs may be below or above the total cost). However, we will keep an on-going record of costs and will not exceed the total cost for any reason without your prior authorization. October 23, 2013 7 GMU Project 12-095-10 22 of 30 Ms. Irts Lee, CITY OF NTMPORT BEACH Propmalfor Consimetion Observadon wid Testing Serviees, Aftrdha Project Please do not hesitate to. call if you have any pestions regarding this inforrnatio4 or if you would like to discus..s our qualifications in further detail. gps112-095-1 OP (10-23-0) 23, 2013 Respectfully submitted, INC. Gregru P�$Nve�le.Sc,, PE, GE L Registered n-ineel-47853 Regl9f6red ueo(dp6ibal Engineer 23M- GMU Project 12-095-10 23 of 30 EXHIBIT B SCHEDULE OF BILLING RATES GMU Geotechnical, Inc. Page B-1 24 of 30 CW GEOTECHNICAL, INC. MARINA PARK SCHEDULE OF CHARGES 2013-2014 (Prevailing Wage) 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 SERN710ES Senior Geotechnical Technician/ Registered Special Inspector (No 4 hour minimamr) * $ 110.00/hour • Minimum 20 years experience • Multi -trained and certified technicians (Soils, Materials, and Specialty Inspections) • Special training and experience with: o SoiWGrading o Rock/Stone Columns o Sheet Piles o Tie -backs o Reinforced Concrete o Pavement o Piles Registered Special Inspector/Technician (No 4 hour minimum)* $ 74.00/hour • Certifications by ACI, ICC, City of Newport Beach • Special inspections for: o Reinforced concrete o Masonry o Steel/Welding o All other requested tests • Backfill Compaction Testing *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. LABORATORY TESTING SERVICES Laboratory Testing (soils, aggregate, asphalt, etc.) Per Lab Fee Schedule Outside Laboratory Services (concrete, grout, mortar, rebar, etc.) Cost+ 15% Concrete Cylinder/Prism Breaks $28.00/sample OTHER CHARGES Outside Services Cost+ 15% Reimbursables Cost OUTSIDE SPECIALTY TESTING Ultrasonic Testing $ 132.001hour 25 of 30 GMU GEOTECHNICAL,INC. Marina Park Laboratory Testing Fee Schedule 2013-2014 � •s RAN fI.CjENTII�A3MINN.TI,QN� INDEj,'f2O,PR7ilESI Moisture Content ASTM D 2216 $ 10 Moisture Content & Density 6 inch tube or rings) ASTM D 2937 25 Moisture Content & Density (Shelby tube or requires cutting ASTM D 2937 50 Atterberg Limits ASTM D 4318 200 Single Point/Non-plastic ASTM D 4318 100 Particle Size - Sieve 3/4" to -#200 ASTM D 422 200 - Hydrometer only ASTM D 422 150 - Sieve & Hydrometer ASTM D 422 300 Specific Gravity - Fine(passing #4 ASTM D 854 100 - Coarse retained on #4 ASTM C 127 100 % Passing # 200 ASTM D 1140 100 Total Porosity 100 Sand Equivalent DOT CA Test 217 100 �SP1L _-F7EMIS�HRs1` �� C'�kl h��f�41�1o1U�+};BVI .I�'li 4lYf♦h � ,u I I�' ui lr I P'rl��iCsli, P �;. °iII. �I H DOT CA 643 35 Minimum Resistivity minimum of aims DOT CA Test 643 75 Sulfate Content - Turbidimetric DOT CA Test 417/Part II 75 Chloride Content DOT CA Test 422 50 Corrosion Suite H Resist_ivl Chloride Sulfate DOT CA 417/422/643 200 448-20 ._R au Aeu °+.1 Somme I Direct Shear 3 oints ASTM D 3080 250 Residual Shear rice par pass after shear Shear + 50% orHand Trimming or of perpoint) y/R�emp�oldin �TVV'}V9 RseYcIiimTtLLlens x{50 ir',P :' �19G v�i'rll l"�I .�iJ 'gIM�,e li iiu't;il l'WNM ''N R -Value ASTM D 2844 250 Standard Proctor Compaction - 4 poInts ASTM D 698 4 inch mold/6 inch mold Methods A&B/Method C 250 Modified Proctor Compaction Max Density) - 4 point5 4 inch mold(6 inch mold Method A & B Method C 250 Check Point 70 Correction of Soils w/ Oversize Particles ASTM D 4718 25 x, C;ONS,QLIl7AT,l,OI�, A ELEaITJESTS Consolidations (includes up to 8loading increments w/ water up to 10 ksf & unloading with 5train ✓s. P curve ASTM D 2435 250 Time Reading & Curve per Increment 50 Expansion Index ASTM D 4829 200 Swell/Collapse Test - Method A (Up to 1O loading/unloading saturation increments w/o time curves ASTM D 4546 Method A 275 Single Load Swell/Collapse Test - Method e (Seat, loao,and inundate only) ASTM D 4546 Method B 150 Swell Colla se Test - Method C ASTM D 4546 Method Cad Collapse Potential of Soils ASTM D 5333 )?LY,QI..AUL�kTE.S,TS -- ;t'$ �sli.'- z3$a�df "i iaeis'r'{� Permeabili of Granular soils Constant Head) ASTM D 2434- Undisturbed Tube Sample - Remolded Sam le Triaxial Permeability in Flexible -Wall Permeameter with Backpressure Saturation - at One Effective Stress(Falling EPA 9100/ASTM D 5084 Head Method C - Each Additional Effective Stress 110 - Hand Trimming of Soil Samples for Horizontal K 50 - Daily charge for Long Term Tests (exceeds7 days) 50 Remolding of Test Specimens 50 26 of 30 • e N ,�,_Arxr qy rtF:rpt � s; r3 P SIMON Asphalt by Ignition ASTM D 2172 100 Asphalt by Ignition and Gradation 200 Unit Weight of Compacted Specimens/Paraffin Coated ASTM D 2726/1188 60/80 Maximum Density (Hveem) ASTM D1561 150 Maximum Density (Marshall) 250 LABOR TO Y,,,tCAGESk Laboratory Technician $ 100/hour Laboratory Manager/ Registered Engineer $ 145/hour Principal Engineer $ 225/hour "Fee schedule is for laboratory testing only. Report preparation or special services not shown will be billed at the appropriate hourly rate. 2- 27 of 30 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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. 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. 3. Coverage Requirements. A. 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. 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. B. 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 CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, 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. C. 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 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 GMU Geotechnical, Inc. Page C-1 28 of 30 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, 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. C. 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. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. 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 R22P1tTA¢Li]Y653R1�3t'45[31£N..SSY£¢R.6?SSCMJSG':..^3SC'••••^e•••• •�.• _TSffidINSBS£4ASA2'IR]SS I'GN mnq.]3'9IDTl'ASI6SF®.'LF.'HIffi'1$06E¢tliID_W'IbTRGO'AiIDCI@AtTP.SAiVL9 GMU Geotechnical, Inc. Page C-2 29 of 30 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. E. 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. F. 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. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. 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 30 of 30