HomeMy WebLinkAbout09 - Amendment 1 with GMU and HarringtonCITY OF
NEWPORT.- BEACH
° (City ICouncH Staff Report
Agenda Item No. 9
January 8, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
David A. Webb, Public Works Director
949- 644 -3311, dawebb @newportbeachca.gov
PREPARED BY: Michel J. Sinacori P.E., Assistant City Engineer
APPROVED: „ o'
TITLE: Approval of Amendment No. 1 to the On -Call Professional Service
Agreements with both GMU Geotechnical, Inc., and Harrington
Geotechnical Engineering, Inc.
ABSTRACT:
The maximum contract dollar amount for on -call geotechnical services provided by GMU
Geotechnical Inc., (GMU) and Harrington Geotechnical Engineering, Inc., (Harrington)
under their existing agreements has almost been reached. If approved, their respective
contract expenditure limit would be raised to allow additional geotechnical and material
services from both on -call geotechnical consultants.
RECOMMENDATIONS:
1. Approve Amendment No. 1 to the December 2, 2011 On -Call Professional Services
Agreement with GMU to increase the contract limit to $250,000 for continuing on-
call geotechnical and material testing services and authorize the Mayor and City
Clerk to execute the amendment.
2. Approve Amendment No. 1 to the December 16, 2011 On -Call Professional
Services Agreement with Harrington to increase the contract limit to $250,000 for
continuing on -call geotechnical and material testing services and authorize the
Mayor and City Clerk to execute the amendment.
FUNDING REQUIREMENTS:
Funding for these consultants will be paid from the individual capital improvement project
budgets at the time of project implementation.
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Approval of Amendment No. 1 to the On -Call Professional Service Agreements with GMU
Geotechnical, Inc., and Harrington Geotechnical Engineering, Inc.
January 08, 2013
Page 2
DISCUSSION:
In order to decrease staff time and resource cost, while at the same time provide for and
deliver the large amount of capital projects, Public Works utilities on -call consultant service
contracts for various on -going professional services such as Surveying, Geotechnical, Civil
and Traffic Engineering and Landscape Architecture. These multi -years contracts are
produced through a formal selection process to identify the most qualified firms to provide
these needed professional services. With respect to necessary Geotechnical Services for
both design and construction, the City entered into On -Call Professional Services
Agreements (PSAs) in December 2011 with GMU and Harrington with a contract limit of
$120,000 for each. These firms are currently the only on -call geotechnical and material
testing consultants that Public Works has under contract to assist staff with the delivery of
our CIP projects. The majority of CIP projects require some level of geotechnical or
materials testing. Due to high volume of projects over the past year requiring geotechnical
and materials testing services, the contracts with both firms are reaching their allowable
thresholds. To date, GMU has expended $111,621.37 and Harrington has expended
$108,808.50. Under each respective amendment being requested, the consultant's
maximum contract amount would be raised to $250,000 in order to allow staff to assign
additional as- needed geotechnical and material testing for CIP projects for the remaining
life of the contract. The current fee schedule and termination date of December 31, 2013
for each consultant's contract will remain unchanged.
ENVIRONMENTAL REVIEW:
Environmental clearances will be completed for each Capital Improvement Project.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
Submitted by:
Davi A. Webb
Public Works Director:
Attachments: A. Amendment No. 1 to On Call Agreement with GMU Geotechnical.
B. Amendment No. 1 to On Call Agreement with Harrington Geotechnical.
2 of 14
ATTACHMENT A
AMENDMENT NO. ONE TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH GIIIIU GEOTECHNICAL, INC., FOR
SOILS AND MATERIALS INSPECTION AND TESTING SERVICES
THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT ( "Agreement ") is made and entered into as of the _ day of December,
2012, by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ( "City "), and GMU GEOTECHNICAL, INC., a California
corporation ( "Consultant "), whose address is 23241 Arroyo Vista, Rancho Santa
Margarita, CA 92688, and is made with reference to the following:-
RECITALS
A. On December 2, 2011, City and Consultant entered into an On -Call Professional
Services Agreement ( "Agreement ") for soils and materials inspection and testing
services on an as- needed basis ( "Project ").
Q. City desires to enter into this Amendment No. One to increase the total
compensation and update the insurance requirements.
C. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
COMPENSATION TO CONSULTANT
Section 4.2 of the Agreement shall be amended in its entirety and replaced with
the following: No rate changes shall be made during the term of this Agreement without
the prior written approval of the City. Consultant's compensation for Services
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Total compensation paid to Consultant during
the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars
and No/100 ($250,000.00) ( "Total Amended Compensation ") without written
amendment to the - Agreement.
1.1 The Total Amended Compensation reflects Consultant's additional
compensation for services to be performed in an amount not to exceed One
Hundred Thirty Thousand Dollars and No /100 ($130,000.00).
2. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with
the following, Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
GMU GEOTECHNICAL. INC. Pace 1 3 of 14
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement, as amended shall remain unchanged and shall be in full force and
effect.
[SIGNATURES ON NEXT PAGE]
4 of 14
r "111 1I r;F11TFCHNICAI INC. Pace 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Cate: l Z I 1-1- L Date:
By: V�"' By:
Aaron C. Harp 0,1 i 12- _I Nancy Gardner
City Attorney Mayor
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CONSULTANT: GMU GEOTECHNICAL,
INC., a California corporation
Date:
By:
Gary K. Urban
President
Date:
By:
Michael Moscrop
Executive Secretary
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
of 14
r.Mil r:rnTPrunrtrnr Wr. Paae 3
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICE=S
1.1 Provision of Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the .type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size - Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless- otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1;000;000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed, operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, In an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
6 of 14
in connection with this Agreement, in the minimum arnount of one million dollars
($1,000;000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers; agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1:5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the -term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
GMU GEOTECHNICAL, INC. Page C -2 7 of 14
of non- compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self - insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- inSUred
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
GMU GEOTECHNICAL; INC. Page C -38 of 14
ATTACHEMENT B
AMENDMENT NO. ONE TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC., FOR
GEOTECHNICAL ENGINEERING AND MATERIALS TESTING
SERVICES
THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT ( "Agreement ") is made and entered into as of the day of December,
2012, by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ( "City "), and HARRINGTON GEOTECHNICAL
ENGINEERING, INC., a California corporation ( "Consultant "), whose address is 1590 N.
Brian Street, Orange CA 92867, and is made with reference to the following:
RECITALS
A. On December 16, 20'11, City and Consultant entered into an On -Call
Professional Services Agreement ( "Agreement ") for geotechnical engineering
and materials testing services throughout the City on an as- needed basis
( "Project ").
B. City desires to enter into this Amendment No. One to increase the total
compensation and update the insurance requirements.
C. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
COMPENSATION TO CONSULTANT
Section 4.2 of the Agreement shall be amended in its entirety and replaced with
the following: No rate changes shall be made during the term of this Agreement without
the prior written approval of the City. Consultant's compensation for Services
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Total compensation paid to Consultant during
the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars
and No /100 ($250,000.00) ( "Total Amended Compensation ") without written
amendment to the Agreement.
1.1 The Total Amended Compensation reflects Consultant's additional
compensation for services to be performed in an amount not to exceed One
Hundred Thirty Thousand Dollars and No /100 ($130,000.00).
2. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with
the following: Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page 1 9 of 14
expense during the term of this Agreement or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement, as amended shall remain unchanged and shall be in full force and
effect,
[SIGNATURES ON NEXT PAGE]
HARRINGTON GF_OTECHIMICAL ENGINEERING, INC. Page 2 T of 14
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTY'S OFFICE a California municipal corporation
Date: UPWL Date:
By.-OMM L �� By:
Aaron C. Harp IM V, Z .�, Nancy Gardner
City Attorney Mayor
ATTEST: CONSULTANT: HARRINGTON
Date: GEOTECHNICAL ENGINEERING, INC., a
California corporation
Date:
Leilani I. Brown Don Harrington, Jr.
City Clerk Vice President
Date:
By:
Edith Harrington
Secretary and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
1 of 14
HARRINGTON GEOTECHNICAL ENGINEERING. INC, Page 3
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
12 of 14
in connection with this Agreement, in the minimum amount of one million dollars
(:1,000,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self - insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page C -23 of 14
of non- compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self- insured Retentions. Any self - insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1:5,6 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
HARRINGTON GEOTECHNICAL ENGINEERING, INC. Page C -314 of 14