HomeMy WebLinkAbout11 - Geotechnical and Material Testing Services — Approval of On-Call PSA'aQ �EwPpRT
CITY OF
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<,FORN'P City Council Staff Report
June 8, 2021
Agenda Item No. 11
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov
PHONE: 949-644-3315
TITLE: Geotechnical and Material Testing Services — Approval of On -Call
Professional Services Agreements
ABSTRACT:
The City of Newport Beach's (City's) Capital Improvement Program (CIP) contains many
projects that require geotechnical and material testing services to evaluate and support
design options and to confirm conformance to project specifications during construction.
Staff recently issued a Request for Proposals for these services and is requesting the City
Council's approval to enter into four separate on-call Professional Services Agreements
with GMU Geotechnical Engineering, Geocon West, Leighton Consulting and Harrington
Geotechnical Engineering.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve four separate on-call Professional Services Agreements with GMU
Geotechnical Engineering, Geocon West, Leighton Consulting and Harrington
Geotechnical Engineering for geotechnical and material testing services at a
not -to -exceed amount of $300,000 per agreement, and authorize the Mayor and City
Clerk to execute the agreements.
DISCUSSION:
The City's CIP involves a wide range of infrastructure improvement projects. Most of
these projects require geotechnical and material testing services such as material
observation and testing, trench backfill and compaction testing, geotechnical
recommendations, pipe welding, and structural inspections. These services require
personnel with specialized training, certifications and licenses.
Geotechnical and Material Testing Services — Approval of
On -Call Professional Services Agreements
June 8, 2021
Page 2
In addition, soil and material testing is performed in certified laboratories by certified
technicians. The City does not have the resources to perform these services in-house. In
order to continue to support the City's CIP, staff is requesting approval of four separate
on-call Professional Services Agreements with GMU Geotechnical Engineering, Geocon
West, Leighton Consulting and Harrington Geotechnical Engineering for geotechnical and
material testing services at a not -to -exceed amount of $300,000 per agreement. The term
for each of these agreements is three years and will expire on June 30, 2024.
The City currently has four similar on-call agreements with four geotechnical firms. These
current agreements were approved on July 10, 2018 with a three-year term and are set
to expire on June 30, 2021. Similarly, these four current on-call agreements have a
not -to -exceed amount of $300,000 each for a total of $1.2 million. Of this amount,
approximately $760,000 has been encumbered or spent. In addition to geotechnical
services as part of the on-call agreements, geotechnical services are also included as
subconsultant services for various individual CIP projects. These geotechnical services
for individual CIP projects totaled approximately $430,000 for the last three years. In order
to continue with geotechnical support for our CIP, staff is recommending approval of four
new separate on-call Professional Services Agreements.
In February 2021, staff requested proposals to provide geotechnical and material testing
services. Staff received 25 proposals from the followinq firms:
Firm Name
Total Score
Rank
GMU Geotechnical Engineering
284
1
Geocon West
283
2
Leighton Consulting
254
3
Harrington Geotechnical Engineering
253
4
Ninyo & Moore
251
5
NV5
249
6
Fenagh Engineering and Testing
247
7
MTGL
247
8
Koury Engineering & testing
245
9
Hushmand Associates
242
10
Willdan Engineering
242
11
RMA Group
238
12
Wood Environmental & Infrastructure Solutions
237
13
Construction Testing and Engineering
236
14
Converse Consultants
236
15
Krazen & Associates
235
16
Group Delta Consultants
234
17
Terracon Consultants
234
18
American Engineering Laboratories
230
19
GeoTek
230
20
Smith Emery Laboratories
228
21
Southwest Inspection and Testing
226
22
Atlas Technical Consultants United Heider
223
23
Geo-Advantec
218
24
Professional Services Industries
213
25
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Geotechnical and Material Testing Services — Approval of
On -Call Professional Services Agreements
June 8, 2021
Page 3
The City's proposal review team consisted of three staff members from the Public Works
Department. Using the qualification -based selection process, the proposals were
evaluated by the review team independently. Proposal evaluations were based on the
consultant's understanding of the scope of work, experience, qualifications, and
availability of staff. While most of the firms appear to meet the minimum qualifications as
required by the request for proposals, the top four consultants were selected by the review
team as the most qualified and responsive firms. All four of these firms have successfully
completed similar services for other local agencies and their billing rates are consistent
with industry standards. GMU Geotechnical Engineering and Geocon West are currently
performing these services for the City and have had high marks for their current efforts.
FISCAL IMPACT:
The approval of these on-call agreements does not create an obligation to expend funds.
Funding for these services will be expensed to individual projects within the approved
CIP.
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, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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:
Attachment A — Professional Services Agreement with GMU Geotechnical Engineering
Attachment B — Professional Services Agreement with Geocon West
Attachment C — Professional Services Agreement with Leighton Consulting
Attachment D — Professional Services Agreement with Harrington Geotechnical
Engineering
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ATTACHMENT A
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH GMU GEOTECHNICAL, INC. FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 8th day of June, 2021 ("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. 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 provide geotechnical and material testing
services on an on-call, as needed basis ("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 June 30, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
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and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. 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 and the Letter Proposal,
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 Letter Proposal
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 Thousand Dollars and 001100 ($300,000.00), 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
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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 and the Letter Proposal 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.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
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 Gregory Silver to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
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. City's
Director of Public Works 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
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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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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 legally
recognized professional standards.
8.2 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.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, 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"), and which 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, or to
require a Consultant who is a design professional, as defined by Civil Code section
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2782.8(c), to provide indemnification or defense of the Indemnified Parties inconsistent
with existing law. 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 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 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.
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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 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 and the Letter Proposal. 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, including but not limited to, websites, blogs, social media accounts and
applications (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. Additionally, all material posted in cyberspace 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, including all logins
and password information 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
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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
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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. 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
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infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. 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.
22. 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 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.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seg., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
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prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
26. NOTICES
26.1 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.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Gregory Silver
GMU Geotechnical, Inc.
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
27. CLAIMS
27.1 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.).
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27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 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.
28.2 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, 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.
29. PREVAILING WAGES
29.1 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 Consultant 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 Consultant or any
GMU Geotechnical, Inc. Page 10
11-13
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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
GMU Geotechnical, Inc. Page 11
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30.8 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.
30.9 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.
30.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 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.
30.12 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 12
11-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: T�'�
ar n C. Har
Ci Attorney
ATTEST:
Date:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date.-
By:
ate:
By:
Brad Avery
Mayor
CONSULTANT: GMU Geotechnical, Inc.,
a California corporation
Date:
By.
Gregory Silver
President
Date:
By:
Michael Moscrop
Secretary
[END OF SIGNATURES)
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
GMU Geotechnical, Inc. Page 13
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EXHIBIT A
SCOPE OF SERVICES
The following is a list of on-call geotechnical and materials testing Services that
Consultant shall provide, based upon City's request and acceptance of written Letter
Proposal(s):
• Conduct geotechnical observation, field and lab testing for various types of
projects including but not limited to, above and below ground structures,
earthwork and grading, slope stability analysis, gravity and pressure pipelines,
and roadway construction.
• Observe and test trench backfill, street subgrade, base material, asphalt
concrete (AC), Portland Cement Concrete (PCC), and any other material.
• Perform compaction testing of various materials, laboratory testing related to
all aspects of geotechnical engineering.
• Perform wet track abrasion testing for slurry seals.
• Prepare geotechnical engineering reports with recommendations such as
pavement design and compaction reports, subgrade treatment, and various
geotechnical engineering studies.
• Attend field meetings and other geotechnical support services as requested.
• Perform field investigation such as pavement coring and boring.
• Collaborate and work with City staff on various projects as assigned.
Travel time will not be permitted for geotechnical and material testing Services
unless specifically authorized by the City. Travel time to and from project sites shall be
included in the respective billing rates. Furthermore, all work is subject to prevailing wage
rates as set by the State of California. All field work by the Consultant, including its
subcontractor(s), shall be completed in accordance with the California Labor Code and is
subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently
perform the duties in the approved Letter Proposal.
GMU Geotechnical, Inc. Page A-1 11-17
EXHIBIT B
SCHEDULE OF BILLING RATES
GMU Geotechnical, Inc. Page B-1 11-18
EXHIBIT B
BILLING RATES
PROFESSIONAL SERVICES
Staff Engineer or Geologist
$ 130.00/hour
Senior Staff Engineer or Geologist
$ 170.00/hour
Project Engineer or Geologist
$ 195.00/hour
Associate Engineer or Geologist
$ 230.00/hour
Principal/Director
$ 260.00/hour
Deposition/Testimony
$ 550.00/hour
CAD, GIS, and Geo -BIM Design
$ 115.00/hour
Document Preparation and Project Services
$ 90.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Soils Engineering Technician (Non -Prevailing Wage) $ 97.00/hour*
Staff Soils Engineering Technician (Prevailing Wage) $ 107.00/hour*
• Services provided under direct supervision of a Senior Soils Engineering Technician
Senior Soils Engineering Technician (Non -Prevailing Wage) $ 115.00/hour*
Senior Soils Engineering Technician (Prevailing Wage) $ 125.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (Non -Prevailing Wage) $ 115.00/hour*
Registered Special Inspector (Prevailing Wage) $ 125.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
*Notes:
► No 4 -hour minimum charges apply.
► 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 $ 115.00/hour
(For materials testing and laboratory costs on a per -test basis, see GMU's Laboratory Fee
Schedule)
OTHER CHARGES
Outside Services
Reimbursables & Reprographics
Cost + 15%
Cost
11-19
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 City Council, boards
and commissions, officers, agents, volunteers and employees.
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, two million dollars ($2,000,000) 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).
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
GMU Geotechnical, Inc. Page C-1 11-20
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents, volunteers
and employees 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, its City Council, boards and commissions, officers, agents, volunteers
and employees 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 Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
GMU Geotechnical, Inc. Page C-2 11-21
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20380413.
D. 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.
E. 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. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. 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-
GMU Geotechnical, Inc. Page C-3 11-22
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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. 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.
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-4 11-23
ATTACHMENT B
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH GEOCON WEST, INC. FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 8th day of June, 2021 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and GEOCON WEST, INC., a California corporation ("Consultant"),
whose address on file with the California Secretary of State is 6960 Flanders Drive, San
Diego, California 92121, with a local address of 15520 Rockfield Boulevard, Suite J,
Irvine, California 92618, 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 provide geotechnical and material testing
services on an on-call, as needed basis ("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 June 30, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
11-24
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. 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 and the Letter
Proposal, 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 Letter Proposal
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 Thousand Dollars and 001100 ($300,000.00), 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.
Geocon West, Inc. Page 2
11-25
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 and the Letter Proposal 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.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
'.111111; a30aIX4&i►,Y-1 YTO A - -.7
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 Jelisa Thomas Adams 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. City's
Director of Public Works 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.
Geocon West, Inc. Page 3
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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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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 legally recognized professional standards.
8.2 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.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, 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"), and which 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.
Geocon West, Inc. Page 4
11-27
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
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
Geocon West, Inc. Page 5
11-28
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
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 and the Letter Proposal. 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, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information to City
upon prior written request.
Geocon West, Inc. Page 6
11-29
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
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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to Consultant or contractor bids or actual cost to City.
Geocon West, Inc. Page 7
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19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. 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.
21. 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.
22. 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
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.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
Geocon West, Inc. Page 8
11-31
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
26. NOTICES
26.1 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.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jelisa Thomas Adams
Geocon West, Inc.
15520 Rockfield Boulevard, Suite J
Irvine, CA 92618
Geocon West, Inc. Page 9
11-32
27. CLAIMS
27.1 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.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to
follow the dispute resolution process set forth therein. Any part of such "Claim"
remaining in dispute after completion of the dispute resolution process provided for in
Public Contract Code section 9204 or any successor statute thereto shall be subject to
the Government Claims Act requirements requiring Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that
Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code
section 9204 or any successor statute thereto, Consultant shall be required to file such
claim with the City in strict conformance with the Government Claims Act (Government
Code sections 900 et seq.).
28. TERMINATION
28.1 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.
28.2 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,
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.
Geocon West, Inc. Page 10
11-33
29. PREVAILING WAGES
29.1 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 Consultant 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
Consultant 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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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.
30.4 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
Geocon West, Inc. Page 11
11-34
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 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.
30.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 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.
30.12 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]
Geocon West, Inc. Page 12
11-35
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
CITY ATTORNEY'S OFFICE
Date: l�
B :
Aaric(n C. Ha 111—of. 17'. Ll
City Attorney
ATTEST:
Date:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date-
ate:
BV-
By:
Brad
Brad Avery
Mayor
CONSULTANT: Geocon West, Inc., a
California corporation
Date.-
By:
ate:
By:
Jelisa Thomas Adams
Vice President
Date:
By:
William Lydon
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Geocon West, Inc. Page 13
11-36
EXHIBIT A
SCOPE OF SERVICES
The following is a list of on-call geotechnical and materials testing Services that
Consultant shall provide, based upon written Letter Proposal(s) from the City:
• Conduct geotechnical observation, field and lab testing for various types of
projects including but not limited to, above and below ground structures,
earthwork and grading, slope stability analysis, gravity and pressure
pipelines, and roadway construction.
• Observe and test trench backfill, street subgrade, base material, asphalt
concrete (AC), Portland Cement Concrete (PCC), and any other material.
• Perform compaction testing of various materials, laboratory testing related to
all aspects of geotechnical engineering.
• Perform wet track abrasion testing for slurry seals.
• Prepare geotechnical engineering reports with recommendations such as
pavement design and compaction reports, subgrade treatment, and various
geotechnical engineering studies.
• Attend field meetings and other geotechnical support services as requested.
• Perform field investigation such as pavement coring and boring.
• Collaborate and work with City staff on various projects as assigned.
Travel time will not be permitted for geotechnical and material testing Services
unless specifically authorized by the City. Travel time to and from project sites shall be
included in the respective billing rates. Furthermore, all work is subject to prevailing
wage rates as set by the State of California. All field work by the Consultant, including
its subcontractor(s), shall be completed in accordance with the California Labor Code
and is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Geocon West, Inc. Page A-1 11-37
EXHIBIT B
SCHEDULE OF BILLING RATES
Geocon West, Inc. Page B-1 11-38
EXHIBIT B
BILLING RATES
PROFESSIONAL SERVICES
Word ProcessorlNon- Technical Assistant/Draftsman/Dispatcher
............................................................................................ $90/hr
Engineering Assistant/Lab Technician.....................................................................................................................................
90/hr
Engineering Field Technician (EarthwoddCompaction TestinglBackfill).......................................................................
'80 (110 PW)Ihr
Special Inspector (Concrete, Rebar, Masonry, Welding, etc.)......................................................................................
'85 (115 PW)/hr
Engineering Inspector (Bottom Approval 1 Shoring 1 Foundations
1 Piles)................................................................ '100 (130 PW)1hr
StaffEngineer/Geologist..........................................................................................................................................................
`1201hr
ProjectEngineer/Geologist......................................................................................................................................................
'1401hr
Senior Project Engineer/Geologist ...........................................................................................................................................
'150/hr
Senior Engineer/Geologist.................
'
Associate Engineer/Geologist.................
.... `195/hr
Principal Engineer/GeologistlLitigation Support ...................
AttorneyFees (General).....................................................................................................................................
.................... 3501hr
Depositionor Court Appearance.............................................................................................................................................
4001hr
Overtime/Saturday Rate/Night Rate (7pm — 6am w/ 8 -Hr minimum
per call out) .....................................
1.5 X Regular Hourly Rate
Sunday and Holiday Rate.............................................................................................................................
2 X Regular Hourly Rate
Minimum Field Services Fee (per day or per call-out).............................................................................................................
4 Hours
Short -Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time) ...................................................
4 Hours
Short -Notice Cancellation (upon or after arrival at jobsite)......................................................................................................
4 Hours
*Prevailing Wage (PW) California Labor Code §1720, et. Seq add $30/hr
EQuipmENT, MATERIALS, & ANALYTICAL TESTS
Nuclear Density Gauge .................. ................................... $101hr
55 -Gallon Drum ...................................................................... 651ea
Sand Cone Testing Equipment ......... .................................. 101hr
Visqeen (6 mil 20X100')......................................................
1351rD11
Vehicle................................................................................101hr
Traffic Cones/Barricades....................................................35/day
Special Inspection Equipment ............................................. 5/hr
TPHg(EPA 8015B)................................................................70/ea
Asphalt Cold Patch/Concrete (60 -Ib.), Cement (94 -Ib.) ....201bag
TPHd/TPHmo.................................................. (EPA 8015M) 75/ea
GPS Unit.........................................................................1601day
TPH Carbon Chain Breakdown .................... (EPA 8015M)110/ea
Pick-up Truck ... .............................................................. 1251day
Methanol and/or Ethanol (EPA 8015M)
..............................110/ea
Direct -Push Rig/Operator ................................. 165/1 90(PW)'/hr
Volatile Organic Compounds ....................... (EPA 8260B)11 O/ea
Direct -Push Sample Liner...................................................10/ea
Semi -Volatile Organic Compounds................. (EPA 8270)180/ea
Hand-Auger......................................................................40/day
PAHs (EPA 8270SIM).........................................................160/ea
Soil Sample Tube (Brass or Stainless) .............................. 101ea
CAM 17 Metals (EPA 6010B).............................................1701ea
Bailer (Reusable)..............................................................33/day
Single Metal ....................................................(EPA 60108) 20/ea
Bailer (Disposable).............................................................15/ea
Hexavalent Chrome (EPA 7199)...........................................60/ea
Stainless Sampling Pump............................................$1501day
Organochlorine Pesticides (EPA 8081)
..............................I10/ea
Battery -Powered Pump....................................................75/day
Organophosphorus Pesticides (EPA 8141)
........................1251ea
Water Level Indicator.......................................................40/day
Chlorinated Herbicides (EPA 8151)....................................125/ea
Interface Probe .......................................... ............. ......... 851day
PCBs (EPA 8082) .... .............................................................
751ea
Photo -Ionization Meter...................................................1251day
Soil pH (EPA 9045C) .................................
............................ 201ea
Combustible Gas Meter.................................................1251day
WET or TCLP Extraction....................................................75/ea
pH/Conductivity/Temperature Meter................................50/day
EPA 5035 Sample Kits ............................................
.............. 251ea
TurbidityMeter.................................................................80/day
Asbestos (PLM) ........ ............................................................
20/ea
Air Sampling Pump..........................................................80/day
Asbestos (400 -point count)....................................
....._..........451ea
Level D PPEIDecon Rinse Equipment .............................50/day
Sample Compositing ...............................................
20/composite
Concrete Coring Equipment..........................................1651day
48-hour Turnaround Time......................................60%
surcharge
Generator or Air Compressor ........................................100/day
72 -hour Turnaround Time......................................40%
surcharge
Distilled Water (5 -gallon) ..................................... .............. 151ea
11-39
LABORATORY TESTS*
COMPACTION CURVES
(D6981D1557/T991T108) 4 -inch mold.............................52501ea
S2110/ea
(D6981D15571T99fT108) 6 -inch mold...............................2501ea
1501ea
(CT 216) California Impact...............................................2501ea
1251ea
Check Point......................................................................1001ea
1001ea
(D16321CT312) Soil Cement Cyl. Fabrication (Set of 3)
.150/set
(D16321CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) 50/ea
(D1633/CT312) Soil Cement Comp. Strength (Set of 3) 300/set
(D16331CT312) Soil Cement Comp. Strength (Addt). Spec.) 100/ea
SOIL AND AGGREGATE STABILITY
(D2937) Density of In -Place Soil, Drive-Cyl. Method .............451ea
(D28441CT301) Resistance Value .................................
$2851ea
(D2844ICT301) Resistance Value, Treated ....................
290/ea
(D1883) California Bearing Ratio .....................................
5301ea
(C977) Stabilization Ability of Lime ..................................
185/ea
(D1883) Calif. Bearing Ratio (Army Corp of Engineers)
. 1051ea
CHEMICAL ANALYSIS
(D37441CT2291T210) Durability Index Fine .........................165Jea
(G1871CT6431T288) pH and Resistivity ..........................$1501ea
(D37441CT2291T210) Durability Index Coarse ....................1651ea
(D49721T289) pH Only.......................................................501ea
(CT227) Cleanness Value ......................... ..........................
(CT417) Sulfate Content..................................................1001ea
(D4791) Flat & Elongated Particles . ....................................
(CT422) Chloride Content ................................................
1001ea
(D2974) Organic Content ...... ........... .................... ..............
751ea
PERMEABILITY, CONSOLIDATION AND EXPANSION
751ea
(D5084) Permeability, Flexible Wall ..... ................... .......
$2701ea
(D5856) Permeability, Rigid Wall......................................2601ea
4101ea
(D2434) Permeability, Constant Head..............................2801ea
1 501ea
(D2434) Permeability, FHA Slab -on -Grade ......................
1101ea
(D2434) Permeability, Hourly ................................. ............
551ea
(D24351T216) Consolidation (6 pts. w1 Unload) ...............
3501ea
(D2435fT216) Consolidation Additional Point w1 Unload. ... 651ea
(D4546) Swell/Compression Testing & Density ..............
..1251ea
(D4546) Swell/Settlement Testing & Density (ea. addtl.
pt.) 85Iea
(D4546) Swell/Settlement Testing & Density (County) .....
1001ea
(D4546) Swell/Settlement Testing & Density (FHA) ..........901ea
(043181CT204IT90) Plastic Limit .........................................
(D4829) Expansion Index of Soils ....................... .............
2251ea
STEEL TESTING
SHEAR STRENGTH
Reinforcing Steel Tests:
(D2166) Unconfined Compression ....................................
(A370) Tensile Strength & Elongation
(D30801T236) Direct Shear (3 points)................................3251set
#11 Bar & Smaller ...........................................
$1001ea
7#14 Bar .......................................... ..1251ea
#18 Bar (Proof Test)..........................................1501ea
(D4767) Consolidated -Undrained Triaxial Shear.................2651ea
(A370) Bend Test
(D4767) Consolidated -Undrained Triaxial Staged ...............3401ea
#11 Bar & Smaller ............................................. $50/ea
#14 & #18 Bar .....................................................
70/ea
(A370) Tensile - Mechanically Spliced Bar
#11 Bar & Smaller ...........................................
$1501ea
#14 Bar & Larger ......................................... .....1901ea
(A370) Tensile — Electnc Resist. Butt Splice wl Control
.. 1501ea
(A370) Straightening of bar (if required) ............................
251ea
Structural Steel Tests:
(C140) Compression Test (ea. addtl. specimen) ..................651ea
(A370) Machining & Prep of Test Specimen ............Cost + 20%
(A370) Tensile Strength & Elongation
Up to 200,000 lbs ............................................
S100/ea
200,000 — 300,000 lbs,_ ................................... 125/ea
300,000 — 400,000 lbs.....................................................150Jea
SOIL AND AGGREGATE PROPERTIES
(D422fT88) Particle Size, Hydrometer wlout Sieve ...........
S2110/ea
(C136ID69131T27) Sieve, Coarse to Fine wl #200 Wash ....
1501ea
(C1361D69131T27) Sieve, Coarse or Fine wl #200 Wash ....
1251ea
(C 1 361D6913fT27) Sieve, Coarse or Fine No #200 Wash ...
1001ea
(C117/D11401T11) Materials Finer than #200 .......................
901ea
(D2216fT2651CT226) Moisture Content................................301ea
(D24871D2488) Visual Soil Classification ................ ..............
301ea
(D2937) Density of In -Place Soil, Drive-Cyl. Method .............451ea
(D4943) Shrinkage Factors of Soils, Wax Method.................551ea
(C1311C5351CT211) L.A. Abrasion Resistance .................$2001ea
(C1421T112) Clay Lumps and Friable Particles ...................1701ea
SOIL AND AGGREGATE PROPERTIES (CONTD.)
(Cl 231T113) Light Weight Particles.....................................2451ea
(D37441CT2291T210) Durability Index Fine .........................165Jea
(D37441CT2291T210) Durability Index Coarse ....................1651ea
(CT227) Cleanness Value ......................... ..........................
1651ea
(D4791) Flat & Elongated Particles . ....................................
1501ea
(D6931CT205) Percent Crushed Particles ..... ................ ......1451ea
(D5821) Percent. of Fractured Particles, Coarse Aggregate1401ea
(C401CT2131T21) Organic Impurities ...... ...............................
751ea
(C235) Soft Hardness (Scratch Hardness) ....... ..................
1001ea
(C881CT2141T104) Sulfate Soundness ................................
4101ea
(C12521T304) Uncompact. Void Content, Fine Aggregate..
1 501ea
(C1271CT2061T85) Coarse Specific Gravity ........................1251ea
(C1281CT2071T84) Fine Specific Gravity.............................1501ea
(D8541CT2091T100) Specific Gravity of Soil .............. ..........
1501ea
(C29ICT2121T19) Unit Weight & Percent Voids ....................901ea
(D24191CT2171T176) Sand Equivalent ............ ....................
1101ea
(D43181CT2041T89fT90) Plastic Index (Plastic1iq. Limit)
..2001ea
(D43181CT2041T89) Liquid Limit ..........................................
1001ea
(043181CT204IT90) Plastic Limit .........................................
I001ea
(C330) Spec. for Lightweight Aggregates, Struc. Concrete..
Quote
SHEAR STRENGTH
(D2166) Unconfined Compression ....................................
$1DO/ea
(D30801T236) Direct Shear (3 points)................................3251set
(D3080fT236) Direct Shear Addtl, Points/ea. residual pass 1 001e
(D2850) Unconsolidated -Undrained Triaxial Shear ............. 115Jea
(D2850) Unconsolidated -Undrained Triaxial Staged ...........1601ea
(D4767) Consolidated -Undrained Triaxial Shear.................2651ea
(D4767) Consolidated -Undrained Triaxial Staged ...............3401ea
(EM 1110) Consolidated -Drained Triaxial Shear..................3751ea
(EM1110) Consolidated -Drained Triaxial Staged ................4801ea
MASONRY"
Concrete Block Test -(Sets of 3 Required):
(C140) Unit Weight Moisture Content & Absorption ..... .....
S1951ea
(C140) Moisture Content/Absorption (ea. addtl, specimen)
..651ea
(C140) Compression Test .................................... ............... 1951ea
(C140) Compression Test (ea. addtl. specimen) ..................651ea
(C426) Linear Drying Shrinkage..........................................2851ea
(C109/UBC 21-16) Mortar Cylinder (2"x4")...........................301ea
(C942) Grout Prism (3"x3"x6"), trimming included.................351ea
Masonry Prism (Assemblage):
(C1314)8"x8-x16"-8"x12"x16".......................................$200Iea
11-40
LABORATORY TESTS* (CONTINUED)
Pre -stressing Wire & Tendon Tests: (C1314) 8"x16"x16" —10"x12"x16".....................................2251ea
(A421) Tensile Strength, Single Wire ............................
$1501ea
(A416) Tensile Strength, 7 -Wire Strand ..........................
1175/ea
High Strength Bolt, Nut. & Washer Tests:
(C67) 24 -Hour Absorption, Cold Water .............................
(A3251A490) Tensile Test on Bolts............ ....................
$1001ea
(A563) Proof Load Test on Nuts ...................................... 1 001ea
(A3251A490) Hardness Test on Bolts ................................
50/ea
(A536) Hardness Test on Nuts ..........................................
50/ea
(F436) Hardness Test on Washers ...................................
501ea
Weld Specimen Tests:
Use of Universal Testing Machine:
(1=164) Ultrasonic Examination............................Quote
UTM with One Operator ................................................
Machining & Prep of Test Specimen ........................Cost
+ 20%
(E381) Macrotech Test (3 Faces) ...... ................................
$355
ASPHALT TESTING
(C1314) 12'x12"x16--12"x16'x16.................................... 2501ea
(C1314) Larger than 12"x16"x16' ........................................Quote
(02041) Theoretical Max Specific Gravity .......................
Brick Test (Set of 5 Specimens):
(D5444) Sieve Analysis of Extracted Asphalt ..................
(C67) 24 -Hour Absorption, Cold Water .............................
$225/set
(C67) 5 -Hour Absorption, Boiling Water ...........................
$2251set
(C67) Compression Test or Modulus of Rupture ..............$2551set
MISCELLANEOUS TESTING SERVICES
(C67) Each Additional Specimen ............................. ..............
451ea
Asphalt Properties:
(D27261CT3081T166) Bulk Spec. Grav, Compacted HMA51001ea
(D15601CT366) Stabilometer Value (HVEEM) ...............
2001ea
(02041) Theoretical Max Specific Gravity .......................
1751ea
(D5444) Sieve Analysis of Extracted Asphalt ..................
215/ea
(D63071CT382) Percent Asphalt, Ignition Method
........... 1501ea
(131188) Unit Weight of Asphalt Core.................................651ea
MISCELLANEOUS TESTING SERVICES
Calibration of Hydraulic Ram:
100 Ton & Under,,., ........................................................ $200/ea
101 Tons — 200 Tons.......................................................3001ea
Use of Universal Testing Machine:
UTM with One Operator ................................................
$320/ea
Additional Technician ...................................Regular
Tech Rate
Spray Applied Fireproofing:
(E6051E736) Fireproofing Oven Dry DensitylThickness,.$901ea
CONCRETE**
Mix Desions:
(AC 1211/AC 1214) Concrete Mix Design.............................$3501ea
(AC12111AC1214) Review of Concrete Mix Design ..............3501ea
(C192) Concrete Trial Mix (includes equipment & labor) ..... 4951ea
Concrete Properties:
(C391CT5211T22) Comp. Strength, Concrete CyI................S301ea
(C421CT5211T22) Comp. Strength, ConcretelGunite Core .... 601ea
(C781CT523) Flex. Strength of 6"4"x21" Concrete Beam ... 1251ea
(C174) Length Measuring of Drilled Cores............................751ea
(C1140) Shotcrete Panel -Coring & Testing (Set of 3) ......... 2901set
(C1140) Shotcrete Panel (each addtl. specimen)..................901ea
(C496) Static Modulus of Elasticity......................................2001ea
(C496) Drying Shrinkage (Set of 3, up to 28 days).............3951set
(C642) Spec. Gravity, Absorp., Voids in Hardened Concrete95ea
(171869) Vapor Emission Rate, Concrete Subfloor ................501ea
*2X Surcharge on rush turn -around for laboratory testing_
**Fee applies for sample storage, testing, or disposal.
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special
quotations for programs involving volume work wili be provided upon request. Laboratory test prices shown are for laboratory work only,
and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American
Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent
agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00
per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are
billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein,
with a minimum two-hour charge
11-41
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 City Council,
boards and commissions, officers, agents, volunteers and employees.
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, two million dollars ($2,000,000) 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).
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Geocon West, Inc. Page C-1 11-42
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents,
volunteers and employees 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, its City Council, boards and commissions, officers, agents,
volunteers and employees 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
Agreement. The certificates and endorsements for each insurance policy
Geocon West, Inc. Page C-2 11-43
shall be signed by a person authorized by that insurer to bind coverage on
its behalf. At least fifteen (15) days prior to the expiration of any such
policy, evidence of insurance showing that such insurance coverage has
been renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Consultant shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the
City evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. 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.
E. 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. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
Geocon West, Inc. Page C-3 11-44
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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. 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.
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.
Geocon West, Inc. Page C-4 11-45
ATTACHMENT C
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH LEIGHTON CONSULTING, INC. FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 8th day of June, 2021 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and LEIGHTON CONSULTING, INC., a California corporation ("Consultant"),
whose address is 17781 Cowan, Irvine, California 92614, 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 provide geotechnical and material testing
services on an on-call, as needed basis ("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 June 30, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
11-46
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. 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 and the Letter Proposal,
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 Letter Proposal
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 Thousand Dollars and 001100 ($300,000.00), 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
Leighton Consulting, Inc. Page 2
11-47
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 and the Letter Proposal 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.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
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 Jeff Hull 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. City's
Director of Public Works 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
Leighton Consulting, Inc. Page 3
11-48
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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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 legally
recognized professional standards.
8.2 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.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, 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"), and which 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
Leighton Consulting, Inc. Page 4
11-49
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 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 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.
Leighton Consulting, Inc. Page 5
11-50
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 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 and the Letter Proposal. 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, including but not limited to, websites, blogs, social media accounts and
applications (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. Additionally, all material posted in cyberspace 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, including all logins
and password information 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
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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
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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. 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
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infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. 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.
22. 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 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.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
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prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
26. NOTICES
26.1 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.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jeff Hull
Leighton Consulting, Inc.
17781 Cowan
Irvine, CA 92614
27. CLAIMS
27.1 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.).
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27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 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.
28.2 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, 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.
29. PREVAILING WAGES
29.1 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 Consultant 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 Consultant or any
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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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
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30.8 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.
30.9 Controllinq 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.
30.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 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.
30.12 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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: ! �-
By: T
ar n C. Har s •'�
Oify Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By.-
Brad
y:Brad Avery
Mayor
CONSULTANT: Leighton Consulting,
Inc., a California corporation
Date:
By:
Leilani I. Brown Kris R. Lutton
City Clerk Senior Vice President
Date:
By:
Terrance M. Brennan
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
The following is a list of on-call geotechnical and materials testing Services that
Consultant shall provide, based upon City's request and acceptance of written Letter
Proposal(s):
• Conduct geotechnical observation, field and lab testing for various types of
projects including but not limited to, above and below ground structures,
earthwork and grading, slope stability analysis, gravity and pressure pipelines,
and roadway construction.
• Observe and test trench backfill, street subgrade, base material, asphalt
concrete (AC), Portland Cement Concrete (PCC), and any other material.
• Perform compaction testing of various materials, laboratory testing related to
all aspects of geotechnical engineering.
• Perform wet track abrasion testing for slurry seals.
• Prepare geotechnical engineering reports with recommendations such as
pavement design and compaction reports, subgrade treatment, and various
geotechnical engineering studies.
• Attend field meetings and other geotechnical support services as requested.
• Perform field investigation such as pavement coring and boring.
• Collaborate and work with City staff on various projects as assigned.
Travel time will not be permitted for geotechnical and material testing Services
unless specifically authorized by the City. Travel time to and from project sites shall be
included in the respective billing rates. Furthermore, all work is subject to prevailing wage
rates as set by the State of California. All field work by the Consultant, including its
subcontractor(s), shall be completed in accordance with the California Labor Code and is
subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently
perform the duties in the approved Letter Proposal.
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EXHIBIT B
SCHEDULE OF BILLING RATES
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EXHIBIT B
BILLING RATES
GEOTECHNICAL LABORATORY TESTING
METHOD WEST METHOD
CLASSIFICATION & INDEX PROPERTIES
LABOR RATES
Photographof sample....................................................................................10
CLASSIFICATION
$IHR
CLASSIFICATION
$IHR
Technician 1.....................................................................................................89
Moisture & density (ASTM D2937) Shelby tube or cutting.................................40
Project Administrator/Word Processor/Dispatcher ....................... ..................
82
Technician 111 Special Inspector.....................................................................99
- Single paint, non -plastic.. .................... ............. .....................................
Information Specialist ........................................................... ....................
....110
Senior Technician / Senior Special Inspector...............................................113
- Visual classification as non -plastic (ASTM D2488) .....................................10
CAD Operator ...............................................................................................
125
Prevailing Wage (field soils I materials tester) * ...........................................147
- Sieve only 1'/z inch to #200 (AASHTO T27/ASTM C136/ASTM D691YCTM 202)...135
GIS Specialist ...............................................................................................
140
Prevailing Wage (Special Inspector) *..........................................................153
- Hydrometer only (ASTM D7928)...............................................................110
GISAnalyst............................... ...................................................................
165
Prevailing Wage (Source Inspector, NDT and soil remediation 0&M)* ........ 157
Staff Engineer / Geologist 1 Scientist............................................................153
System Operation & Maintenance (O&M) Specialist....................................143
Senior Staff Engineer I Geologist I Scientist /ASMR .......................
............ 168
Non Destructive Testing (NDT).....................................................................157
Operations / Laboratory Manager ............................ .....................................
185
Deputy Inspector..........................................................................................113
Project Engineer 1 Geologist 1 Scientist ........................................................
190
Field I Laboratory Supervisor.......................................................................150
Senior Project Engineer/ Geologist 1 Scientist I SMR ............ ......................
210
SourceInspector..........................................................................................135
Associate ................................................................................ ......................
230
City of Los Angeles Deputy Building (including Grading) Inspector
.............160
Principal .......................... .................................... .........................................
250
' See Prevailing Wages in Terms and Conditions
Consolidated undrained - 0.05 inch/min (CU) ..............................................285
Senior Principal
.......295
GEOTECHNICAL LABORATORY TESTING
METHOD WEST METHOD
CLASSIFICATION & INDEX PROPERTIES
Photographof sample....................................................................................10
Moisture content (ASTM D2216)........................................................................20
Moisture & density (ASTM D2937) ring samples................................................30
220
Moisture & density (ASTM D2937) Shelby tube or cutting.................................40
245
Atterberg limits 3 points (ASTM D4318): ..........................................................
150
- Single paint, non -plastic.. .................... ............. .....................................
85
- Atterberg limits (organic ASTM D24871 D4318) ...........................................180
- Visual classification as non -plastic (ASTM D2488) .....................................10
Particle size:
- Sieve only 1'/z inch to #200 (AASHTO T27/ASTM C136/ASTM D691YCTM 202)...135
- Large sieve 6 inch to #200 (AASHTOT271ASTM C13VASTMD69131CTM2o2)...
175
- Hydrometer only (ASTM D7928)...............................................................110
- Sieve + hydrometer 153 inch sieve, (ASTM 7928) ....................................185
- Percent passing #200 sieve, wash only (ASTM D1140) .............................70
Specific gravity and absorption of fine aggregate (AASHTO T84/ASTM C1281
ASTM D8541CTM 207)....................................................................................125
Specific gravity and absorption of coarse aggregate (AASHTO T85/ASTM
C127/CTM 206)............................................................................................100
- Total porosity - on Shelby tube sample (calculated)..............................165
- Total porosity - on other sample (calculated) ........................................155
Shrinkage limits wax method (ASTM D4943) ..................................................126
Pinhole dispersion (ASTM D4647)...................................................................210
Dispersive characteristics (double hydrometer ASTM D4221) ................................90
As -received moisture & density (chunk/carved samples)...............................60
Sand Equivalent (AASHTO T176/ASTM D24191CTM 217) ....................................105
SHEAR STRENGTH
CONSOLIDATION & EXPANSIONISWELL TESTS
Pocket penetrometer......................................................................................15
Direct shear (ASTM D3080, mod., 3 points):
Consolidated undrained - 0.05 inch/min (CU) ..............................................285
Consolidated drained - X0.05 inchlmin (CD) ................................................345
Residual shear EM 1110-2-1906-IXA (price per each additional pass after shear)....
50
Remolding or hand trimming of specimens (3 points)....................................90
Oriented or block hand trimming (per hour)....................................................65
Singlepoint shear.........................................................................................105
Torsional shear (ASTM D64671ASTM D7608) ....................................................820
COMPACTION & PAVEMENT SUBGRADE TESTS
Standard Proctor compaction, 4 points (ASTM D698)
WEST
- 4 inch diameter mold (Methods A& B) ..................................................160
- 6 inch diameter mold (Method C)..........................................................215
Modified Proctor compaction 4 points (ASTM D1557):
- 4 inch diameter mold Methods A& B ....................................................
220
- 6 inch diameter mold Method C ............................................................
245
Check point (per point)...................................................................................65
Relative compaction of untreatedltreated soilslaggregates (CTM 216)..........250
Relative density 0.1 ft mold (ASTM D4253, D4254) ...........................................235
California Bearing Ratio (ASTM D1883)
- 3 point...................................................................................................500
- 1 point..................................................................................................185
R -Value untreated soils/aggregates (AASHTO T1901ASTM D2844/CTM 301).......
310
R -Value lime or cement treated soilslaggregates (AASHTO T190/ASTM
D2844/CTM 301)..........................................................................................340
SOIL CHEMISTRY & CORROSIVITY
pH Method A (ASTM D4972 or CTM 643).............................................................45
Electrical resistivity — single point — as received moisture..............................45
Minimum resistivity 3 moisture content points (ASTM G187/CTM 643) ...............90
pH + minimum resistivity (CTM 643)...............................................................130
Sulfate content - gravimetric (CTM 417 B Part 2) ................................................70
Sulfate content - by ion chromatograph (CTM 417 Part 2) .................................80
Sulfate screen (HachQ)..................................................................................30
Chloride content (AASHTO T291/CTM 422).........................................................70
Chloride content — by ion chromatograph (AASHTO T2911CTM 422) ...................80
Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643)............265
Organic matter content (ASTM D2974)..............................................................65
CONSOLIDATION & EXPANSIONISWELL TESTS
Consolidation (ASTM D2435): ............................. ......................................... -195
- Each additional time curve..............................................................................45
- Each additional loadlunload wfo time reading................................................40
Expansion Index (ASTM D4829).....................................................................130
Single load swell/collapse - Method B (ASTM D4546 -B, seat, load Unundate
only)...........................................................................................................105
Swell collapse Method A up to 10 load/unloads w/o time curves (ASTM
D4546-A)..................................................................................... ..290
11-61
METHOD $/TEST
TRIAXIAL TESTS
Trimming concrete cores (per core)...............................................................20
Unconfined compression strength of cohesive soil (with stress/strain plot,
Flexural strength of concrete (simple beam -3rd pt loading, ASTM C78/CTM 523)........85
ASTMD2166)...........................................................................................135
Flexural strength of concrete (simple beam -center pt loading, ASTM C293/CTM 523)...85
Unconsolidated undrained triaxial compression test on cohesive soils
310
(UU, ASTM D2850, USACE Q test, per confining stress) ........................170
Durability Index (AASHTO T210/ASTM D37441CTM 229) ......................................200
Consolidated undrained triaxial compression test for cohesive soils, (CU,
Moisture content of aggregates by oven drying (AASHTO T255/ ASTM C5661
ASTM D4767, USACE R -bar test) with back pressure saturation &
CTM226)......................................................................................................40
pore water pressure measurement (per confining stress) ........................375
Uncompacted void content of fine aggregate (AASHTO T304/ASTM C12521
Consolidated drained triaxial compression test (CD, USACE S test), with
CTM234)....................................................................................................130
volume change measurement. Price per soil type below EM 1110-2-
Percent of crushed particles (AASHTO T335/ASTM 1358211CTM 205) ..................135
1906(X):
Flat & elongated particles In coarse aggregate (ASTM D4791/CTM 235)..........215
- Sand or silty sand soils (per confining stress).......................................375
Cleanness value of coarse aggregate (CTM 227) ...........................................210
- Silt or clayey sand soils (per confining stress) ......................................500
Soundness, magnesium (AASHTO T104/ASTM C88/CTM 214) ...........................225
- Clay soils (per confining stress)............................................................705
' Compaction (ASTM D558 maximum density) should also be performed - not included
- Three -stage triaxial (sand or silty sand soils)........................................655
in above price
- Three -stage triaxial (silt or clayey sand soils).......................................875
Mortar cylinders 2" by 4"(ASTM C780)..............................................................25
- Three -stage triaxial (clay soils)..........................................................1,235
Remolding of test specimens.........................................................................65
Stabilometer, S -Value (ASTM D1560/CTM 366) .................................................265
METHOD $!TEST
HYDRAULIC CONDUCTIVITY TESTS
Trimming concrete cores (per core)...............................................................20
Triaxial permeability in flexible -wall permeameter with backpressure
Flexural strength of concrete (simple beam -3rd pt loading, ASTM C78/CTM 523)........85
saturation at one effective stress (EPA 9100/ASTM D5084, falling
Flexural strength of concrete (simple beam -center pt loading, ASTM C293/CTM 523)...85
headMethod C): .......................................................................................
310
- Each additional effective stress.............................................................120
Durability Index (AASHTO T210/ASTM D37441CTM 229) ......................................200
- Hand trimming of soil samples for horizontal K .......................................60
Moisture content of aggregates by oven drying (AASHTO T255/ ASTM C5661
Remolding of test specimens.........................................................................65
CTM226)......................................................................................................40
Permeability of granular soils (ASTM D2434) ..............................................135
Uncompacted void content of fine aggregate (AASHTO T304/ASTM C12521
Soil suction (filter paper method, ASTM D5298) ..........................................400
CTM234)....................................................................................................130
SOIL -CEMENT
Percent of crushed particles (AASHTO T335/ASTM 1358211CTM 205) ..................135
Moisture -density curve for soil -cement mixtures (ASTM D558) ...................240
Flat & elongated particles In coarse aggregate (ASTM D4791/CTM 235)..........215
Wet -dry durability of soil -cement mixtures (ASTM D559)' .......................1,205
Cleanness value of coarse aggregate (CTM 227) ...........................................210
Compressive strength of molded soil -cement cylinder (ASTM D1633)..........60
Soundness, magnesium (AASHTO T104/ASTM C88/CTM 214) ...........................225
Soil -cement remolded specimen (for shear strength, consolidation, etc.)'..235
' Compaction (ASTM D558 maximum density) should also be performed - not included
(AASHTO T308/ASTM D6307/CTM 382) .........................................................1,350
in above price
Extraction by centrifuge, percent asphalt (ASTM D2172) ................................150
CONSTRUCTION MATERIALS LABORATORY TESTING
METHOD $!TEST METHOD
CONCRETE STRENGTH CHARACTERISTICS
Concrete cylinders compression (ASTM C39) (6'x 12") ......................................25
Concrete cylinders compression (ASTM C39) (4'x 8') .......................................22
Compression, concrete or masonry cores (testing only) 56 inch (ASTM 042),.40
Trimming concrete cores (per core)...............................................................20
Flexural strength of concrete (simple beam -3rd pt loading, ASTM C78/CTM 523)........85
Flexural strength of concrete (simple beam -center pt loading, ASTM C293/CTM 523)...85
Non shrink grout cubes (2 inch, ASTM C1091C1107)............................................25
Clay lumps, friable particles (AASHTO T112/ASTM C142) ..................................175
Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) ...........400
Durability Index (AASHTO T210/ASTM D37441CTM 229) ......................................200
Length of concrete Cores (CTM 531).................................................................40
Moisture content of aggregates by oven drying (AASHTO T255/ ASTM C5661
HOT MIX ASPHALT (HMA)
CTM226)......................................................................................................40
Resistance of compacted HMA to moisture -induced damage (AASHTO
Uncompacted void content of fine aggregate (AASHTO T304/ASTM C12521
T283/CTM 371).........................................................................................2,100
CTM234)....................................................................................................130
Hamburg Wheel, 4 briquettes (modified) (AASHTO T324) ...............................900
Percent of crushed particles (AASHTO T335/ASTM 1358211CTM 205) ..................135
Superpave gyratory compaction (AASHTO T312/ASTM D6925) .........................350
Flat & elongated particles In coarse aggregate (ASTM D4791/CTM 235)..........215
Extraction by ignition oven, percent asphalt
Cleanness value of coarse aggregate (CTM 227) ...........................................210
(AASHTO T308/ASTM D6307/CTM 382)............................................................150
Soundness, magnesium (AASHTO T104/ASTM C88/CTM 214) ...........................225
Ignition oven correction/correlation values
Soundness, sodium (AASHTO T104/ASTM C88/CTM 214) ..................................650
(AASHTO T308/ASTM D6307/CTM 382) .........................................................1,350
MASONRY
Extraction by centrifuge, percent asphalt (ASTM D2172) ................................150
Mortar cylinders 2" by 4"(ASTM C780)..............................................................25
Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202)............135
Grout prisms 3" by 6"(ASTM C1019)..................................................................25
Stabilometer, S -Value (ASTM D1560/CTM 366) .................................................265
Masonry cores compression, 56" diameter - testing only (ASTM C42) .............40
Bituminous mixture preparation (AASHTO R30/CTM 304) ...................................80
Masonry core -shear, Title 24 - test only..........................................................80
Moisture content of HMA (AASHTO T3291ASTM D6037/CTM 370) .........................60
Veneer bond strength, cost for each - 5 required (ASTM 0482) ........................55
Bulk specific gravity of compacted HMA, molded specimen or cores,
CMU compression to size 8" x 8" x 16"- 3 required (ASTM C140) ....................45
uncoated (AASHTO T166/ASTM D2726/CTM 308) ..............................................50
CMU moisture content, absorption & unit weight - 6 required (ASTM 0140).....40
Bulk specific gravity of compacted HMA, molded specimen or cores,
CMU linear drying shrinkage (ASTM C426) .....................................................175
paraffin -coated (AASHTO T275/ASTM 011881CTM 308) .....................................55
CMU grouted prisms compression test 158" x 8" x 16" (ASTM 01314) .,..........180
Maximum density - Hveem (CTM 308)............................................................200
CMU grouted prisms compression test > 8" x 8" x 16"(ASTM C1314) .............250
Theoretical maximum density and specific gravity of HMA (AASHTO T209/
BRICK
ASTM D2041/CTM 309).................................................................................130
Compression - cost for each, 5 required (ASTM C67) .......................................40
Thickness or height of compacted bituminous paving mixture specimens
STREET LIGHTS/SIGNALS
(ASTM D3549)...............................................................................................40
LED Luminaires / Signal Modules I Countdown Pedestrian Signal Face
Wet track abrasion of slurry seal (ASTM D3910) .............................................150
Modules (Caltrans RSS 86)...................................................................1,300
Rubberized asphalt (add to above rates).......................................................+ 25%
$/TEST
AGGREGATE PROPERTIES
Bulk densityand voids in aggregates (AASHTO T191ASTM C29/ CTM 212) ..........50
Organic impurities in fine aggregate sand (AASHTO T21/ASTM C40/CTM 213)....60
LA Rattler -smaller coarse aggregate <1.5" (AASHTO T961ASTM C131/ CTM
211) .............. ..............................................................................................
200
LA Rattler -larger coarse aggregate 1-3" (AASHTO T961ASTM C535/CTM 211)....250
Apparent specific gravity of fine aggregate (AASHTO T841ASTM C128/ CTM
208)...........................................................................................................130
Clay lumps, friable particles (AASHTO T112/ASTM C142) ..................................175
Durability Index (AASHTO T210/ASTM D37441CTM 229) ......................................200
Moisture content of aggregates by oven drying (AASHTO T255/ ASTM C5661
CTM226)......................................................................................................40
Uncompacted void content of fine aggregate (AASHTO T304/ASTM C12521
CTM234)....................................................................................................130
Percent of crushed particles (AASHTO T335/ASTM 1358211CTM 205) ..................135
Flat & elongated particles In coarse aggregate (ASTM D4791/CTM 235)..........215
Cleanness value of coarse aggregate (CTM 227) ...........................................210
Soundness, magnesium (AASHTO T104/ASTM C88/CTM 214) ...........................225
Soundness, sodium (AASHTO T104/ASTM C88/CTM 214) ..................................650
MASONRY
Mortar cylinders 2" by 4"(ASTM C780)..............................................................25
Grout prisms 3" by 6"(ASTM C1019)..................................................................25
Masonry cores compression, 56" diameter - testing only (ASTM C42) .............40
Masonry core -shear, Title 24 - test only..........................................................80
Veneer bond strength, cost for each - 5 required (ASTM 0482) ........................55
CMU compression to size 8" x 8" x 16"- 3 required (ASTM C140) ....................45
CMU moisture content, absorption & unit weight - 6 required (ASTM 0140).....40
CMU linear drying shrinkage (ASTM C426) .....................................................175
CMU grouted prisms compression test 158" x 8" x 16" (ASTM 01314) .,..........180
CMU grouted prisms compression test > 8" x 8" x 16"(ASTM C1314) .............250
BRICK
Compression - cost for each, 5 required (ASTM C67) .......................................40
STREET LIGHTS/SIGNALS
LED Luminaires / Signal Modules I Countdown Pedestrian Signal Face
Modules (Caltrans RSS 86)...................................................................1,300
11-62
METHOD $/TEST
SPRAY APPLIED FIREPROOFING
65
Unit weight (density, ASTM E605)..................................................................60
85
BEARING PADS/PLATES AND JOINT SEAL
45
Elastomedc bearing pads (Caltrans SS 51-3) ..............................................990
65
Elastomeric bearing pad with hardness and compression tests (Caltrans
4 -Gas meter (RKI Eagle or similar)/GEM 2000 .................................130
SS51-3)................................................................................................1,230
day
Type A Joint Seals (Caltrans SS 51-2) ......................................................1,620
50
Type B Joint Seals (Caltrans SS 51 -2) ......................................................1,530
Box of 24 soil drive -sample rings .......................................................120
Bearing plates(A536)...................................................................................720
box
REINFORCING STEEL AND PRESTRESSING STRANDS
Quire fee — Phase I only....................................................................
Rebar tensile test, 5 up to No. 10 (ASTM A370) ................................................45
Caution tape (1000 -foot roll)................................................................
Rebar tensile test, >_ No. 11 & over (ASTM A370) ...........................................100
each
Rebar bend test, up to No, 11 (ASTM A370) ......................................................45
Slip / threaded cap, 2 -inch or 4 -inch diameter, PVC Schedule 40.......15
Rebar bend test, z No. 11 & over (ASTM A370) ..............................................100
75
Resistance butt -welded hoops/bars, tensile test, 5 up to No. 10 (CTM 670)....65
F1554 Bolts, tensile test, <— up to 1-1/4" diameter, plain (ASTMA370) ............
Resistance butt -welded hoops/bars, tensile test, ? No. 11 & over (CTM 670)..85
Mechanical rebar splice, tensile test, s up to No. 10 (CTM 670) ......................65
..120
Mechanical rebar splice, slip test, <— up to No. 10 (CTM 670) ...........................40
35
Mechanical rebar splice, tensile test, —> No. 11 & over (CTM 670) ....................85
Core sample boxes...............................................................................11
METHOD $/TEST
Mechanical rebar splice, slip test, >— No. 11 & over (CTM 670) .........................60
Headed rebar splice, tensile test, :5 up to No. 10 (CTM 670) ............................
65
Headed rebar splice, tensile test, >t No. 11 & over (CTM 670) ..........................
85
Epoxy coated rebar/dowel film thickness (coating) test (ASTM A7751A934) .......
45
Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775/A934).............
65
Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTM A775/A934)..........45
4 -Gas meter (RKI Eagle or similar)/GEM 2000 .................................130
Prestressing wire, tension (ASTMA416) .........................................................150
day
Sample preparation (cutting)............................................................................
50
FASTENERS I BOLTS / RODS
Box of 24 soil drive -sample rings .......................................................120
F3125 GR A307, A325 Bolts, tensile test, <— up to 1-114" diameter, plain
box
(ASTM A370).................................................................................................65
Quire fee — Phase I only....................................................................
F3125 GR A307, A325 Bolts, tensile test, 5 up to 1-1/4" diameter,
Caution tape (1000 -foot roll)................................................................
galvanized (ASTM A370)...............................................................................75
each
A490 Bolts, tensile test, 5 up to 1-1/4" diameter, plain (ASTMA370)................65
Slip / threaded cap, 2 -inch or 4 -inch diameter, PVC Schedule 40.......15
A490 Bolts, tensile test, s up to 1-1/4" diameter, galvanized (ASTMA370) ......
75
A593 Bolts, tensile test, <— up to 1-1/4" diameter, stainless steel (ASTMA370) ... 65
F1554 Bolts, tensile test, <— up to 1-1/4" diameter, plain (ASTMA370) ............
100
F1554 Bolts, tensile test, 5 up to 1-1/4" diameter, galvanized (ASTMA370)
..120
SAMPLE TRANSPORT
35
Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton
Core sample boxes...............................................................................11
office).........................................................................................................90
each
EQUIPMENT LIST
ITEM $ UNIT
1/4 inch Grab plates.............................................................................. 5
each
1/4 inch Tubing (bonded)..................................................................
0.55
foot
1/4 inch Tubing (single).................................................................... 0.35
foot
3/8 inch Tubing, clear vinyl..............................................................
0.55
foot
4 -Gas meter (RKI Eagle or similar)/GEM 2000 .................................130
Photoionization Detector (PID)..........................................................120
day
Air flow meter and purge pump (200 cc/min) .......................................
50
day
Box of 24 soil drive -sample rings .......................................................120
QED bladder pump w/QED control box.............................................160
box
Brasssample tubes.............................................................................10
Quire fee — Phase I only....................................................................
each
Caution tape (1000 -foot roll)................................................................
20
each
Combination lock or padlock................................................................11
Slip / threaded cap, 2 -inch or 4 -inch diameter, PVC Schedule 40.......15
each
Compressed air tank and regulator.....................................................
50
day
Concrete coring machine (:56-inch-dia).............................................150
Soil sampling T -handle (Encore).........................................................10
day
Consumables (gloves, rope, soap, tape, etc.) .....................................
35
day
Core sample boxes...............................................................................11
Stainless steel bailer............................................................................
each
Crack monitor......................................................................................
25
each
Cutoff saws, reciprocating, electric (Sawzall®)...................................
75
day
Disposable bailers...............................................................................12
Submersible pump/transfer pump, 10-25 gpm....................................
each
Disposable bladders............................................................................10
Support service truck usage (well installation, etc.) ...........................
each
Dissolved oxygen meter......................................................................45
Survey/fence stakes..............................................................................8
day
DOT 55 -gallon containment drum with lid ...........................................
65
drum
Double -ring infiltrometer....................................................................125
day
Dual -stage interface probe..................................................................
80
day
Dynamic Cone Penetrometer............................................................400
day
day
Generator, portable gasoline fueled, 3,500 watts ................................
90
day
Global Positioning System/Laser Range Finder ..................................
80
day
Handauger set....................................................................................
90
day
HDPE safety fence (x100 feet)...........................................................
40
roll
Horiba U-51 water quality meter ........................................................135
Water level indicator (electronic well sounder) <300 feet deep well....
day
Light tower (towable vertical mast)....................................................150
ZIPLEVEL®.........................................................................................15
day
Magnehelic gauge...............................................................................15
Other specialized geotechnical and environmental testing & monitoring equipment are
day
Manometer..........................................................................................25
day
Mileage (IRS Allowable).................................................................
0.575
mile
ITEM $ UNIT
Moisture test kit (excludes labor to perform test, ASTM E1907) ......... 60 test
Nuclear moisture and density gauge .................................................. 88
day
Pachometer.........................................................................................25
day
Particulate Monitor.............................................................................125
day
pH/Conductivity/Temperature meter ....................................................
55
day
Photoionization Detector (PID)..........................................................120
day
Pump, Typhoon 2 or 4 stage...............................................................
50
day
QED bladder pump w/QED control box.............................................160
day
Quire fee — Phase I only....................................................................
200
each
Resistivity field meter & pins................................................................
50
day
Slip / threaded cap, 2 -inch or 4 -inch diameter, PVC Schedule 40.......15
each
Slopeinclinometer.............................................................................
200
day
Soil sampling T -handle (Encore).........................................................10
day
Soilsampling tripod.............................................................................
35
day
Stainless steel bailer............................................................................
40
day
Submersible pump, 10 gpm, high powered Grundfos 2 -inch with
controller........................................................................................160
day
Submersible pump/transfer pump, 10-25 gpm....................................
50
day
Support service truck usage (well installation, etc.) ...........................
200
day
Survey/fence stakes..............................................................................8
each
Tedlar® bags.......................................................................................18
each
Traffic cones (525)/barricades (single lane) ........................................
50
day
Turbiditymeter....................................................................................
70
day
TyvekOsuit (each)...............................................................................18
each
Vaporsampling box.............................................................................55
day
Vehicle usage (carrying equipment)....................................................20
hour
VelociCalc............................................................................................35
day
Visqueen (20 x 100 feet)...................................................................100
roll
Water level indicator (electronic well sounder) <300 feet deep well....
60
day
ZIPLEVEL®.........................................................................................15
day
Other specialized geotechnical and environmental testing & monitoring equipment are
available, and priced per site
11-63
TERMS AND CONDITIONS
■ Expiration: This fee schedule is effective through
December 31, 2021 after which remaining work
will be billed at then -current rates.
■ Proposal Expiration: Proposals are valid for at
least 30 days, subject to change after 30 days;
unless otherwise stated in an attached proposal.
■
■
Prevailing Wages: Our fees for prevailing wage
work are based upon California prevailing wage
laws and wage determinations. Unless specifically
indicated in our proposal, costs for apprentice
are not included. If we are required to have an
apprentice on your project, additional fees will be
charged.
Overtime: Standard overtime rate is per
California Labor Law and is billed at 1.5 or 2 times
their hourly billing rate. Overtime rate for non-
exempt field personnel working on a Leighton
observed holiday is billed at 2 times their hourly
billing rate. Overtime rate for Prevailing wage
work is per the California Department of Industrial
Relations (DIR) determination and is multiplied at
1.5 to 2 times their hourly billing rate for overtime
and double-time, respectively.
■ Expert Witness Time: Expert witness deposition
and testimony will be charged at 2 times hourly
rates listed on the previous pages, with a minimum
charge of four hours per day.
■ Minimum Field Hourly Charges: For Field
Technicians, Special Inspectors or any on-site
(field) materials testing services:
4 hours: 4 -hour minimum charge up to the first
four hours of work
8 hours: 8 -hour minimum charge for over four
hours of work, up to eight hours.
■ Project time accrued includes portal to portal
travel time.
■ Insurance & Limitation of Liability: These rates
are predicated on standard insurance coverage
and a limit of Leighton's liability equal to our total
fees for a given project.
■ Outside Direct Costs: Heavy equipment,
subcontractor fees and expenses, project -
specific permits and/or licenses, project -specific
supplemental insurance, travel, subsistence,
project -specific parking charges, shipping,
reproduction, and other reimbursable expenses
will be invoiced at cost plus 18%, unless billed
directly to and paid by client.
■ Invoicing: Invoices are rendered monthly,
payable upon receipt in United States dollars. A
service charge of 1'/ -percent per month will be
charged for late payment.
■ Client Disclosures: Client agrees to provide all
information in Client's possession about actual or
possible presence of buried utilities and hazardous
materials on the project site, prior to fieldwork,
and agrees to reimburse Leighton for all costs
related to unanticipated discovery of utilities and/or
hazardous materials. Client is also responsible for
providing safe and legal access to the project site
for all Leighton field personnel.
■ Earth Material Samples: Quoted testing unit
rates are for soil and/or rock (earth) samples
free of hazardous materials. Additional costs will
accrue beyond these standard testing unit rates
for handling, testing and/or disposing of soil and/or
rock containing hazardous materials. Hazardous
materials will be returned to the site or the site
owner's designated representative at additional
cost not included in listed unit rates. Standard
turn -around time for geotechnical -laboratory test
results is 10 working days. Samples will be stored
for 2 months, after which they will be discarded.
Prior documented notification is required if
samples need to be stored for a longer time. A
monthly storage fee of $10 per bag and $5 per
sleeve or tube will be applied. Quoted unit rates
are only for earth materials sampled in the United
States. There may be additional cost for handling
imported samples.
■ Construction Material Samples: After all
designated 28 -day breaks for a given sample
set meet specified compressive or other client -
designated strength, all "hold" cylinders or
specimens will be automatically disposed of,
unless specified in writing prior to the 28 -day
break. All other construction materials will be
disposed of after completion of testing and
reporting.
11-64
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 City Council, boards
and commissions, officers, agents, volunteers and employees.
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, two million dollars ($2,000,000) 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).
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Leighton Consulting, Inc. Page C-1 11-65
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents, volunteers
and employees 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, its City Council, boards and commissions, officers, agents, volunteers
and employees 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 Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Leighton Consulting, Inc. Page C-2
11-66
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. 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 -
Leighton Consulting, Inc. Page C-3 11-67
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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. 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.
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.
Leighton Consulting, Inc. Page C-4
11-68
ATTACHMENT D
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 8th day of June, 2021 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and HARRINGTON GEOTECHICAL ENGINEERING, INC., a California
corporation ("Consultant'), whose address is 1590 North Brian Street, Orange, California
92867, 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 provide geotechnical and material testing
services on an on-call, as needed basis ("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 June 30, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided,
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available,
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and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. 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 and the Letter Proposal,
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 Letter Proposal
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 Thousand Dollars and 001100 ($300,000.00), 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
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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 and the Letter Proposal 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.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
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 Don P. Harrington, Jr. 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. City's
Director of Public Works 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
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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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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 legally
recognized professional standards.
8.2 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.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, 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"), and which 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
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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 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 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.
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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 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 and the Letter Proposal. 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, including but not limited to, websites, blogs, social media accounts and
applications (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. Additionally, all material posted in cyberspace 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, including all logins
and password information 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
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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
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. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. 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
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infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. 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.
22. 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 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.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
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prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. 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.
26. NOTICES
26.1 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.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Don P. Harrington, Jr.
Harington Geotechnical Engineering, Inc.
1590 North Brian Street
Orange, CA 92867
27. CLAIMS
27.1 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.).
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27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 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.
28.2 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, 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.
29. PREVAILING WAGES
29.1 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 Consultant 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 Consultant or any
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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.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
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30.8 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.
30.9 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.
30.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 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.
30.12 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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: /Z- ?�
By:
Aafon C. OitHarp S tti,'1-t
'y Attor
ATTEST:
Date:
IN
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONSULTANT: Harrington Geotechnical
Engineering, Inc., a California
corporation
Date:
By:
Don Patrick Harrington, Jr.
Chief Executive Officer
Date:
Carrie Harrington
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
The following is a list of on-call geotechnical and materials testing Services that
Consultant shall provide, based upon City's request and acceptance of written Letter
Proposal(s):
• Conduct geotechnical observation, field and lab testing for various types of
projects including but not limited to, above and below ground structures,
earthwork and grading, slope stability analysis, gravity and pressure pipelines,
and roadway construction.
• Observe and test trench backfill, street subgrade, base material, asphalt
concrete (AC), Portland Cement Concrete (PCC), and any other material.
• Perform compaction testing of various materials, laboratory testing related to
all aspects of geotechnical engineering.
• Perform wet track abrasion testing for slurry seals.
• Prepare geotechnical engineering reports with recommendations such as
pavement design and compaction reports, subgrade treatment, and various
geotechnical engineering studies.
• Attend field meetings and other geotechnical support services as requested.
• Perform field investigation such as pavement coring and boring.
• Collaborate and work with City staff on various projects as assigned.
Travel time will not be permitted for geotechnical and material testing Services
unless specifically authorized by the City. Travel time to and from project sites shall be
included in the respective billing rates. Furthermore, all work is subject to prevailing wage
rates as set by the State of California. All field work by the Consultant, including its
subcontractor(s), shall be completed in accordance with the California Labor Code and is
subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently
perform the duties in the approved Letter Proposal.
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EXHIBIT B
SCHEDULE OF BILLING RATES
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EXHIBIT B
BILLING RATES
Personnel
PrincipalEngineer/Geologist..............................................................................................................................$ 120.00 Per Hour
Senior Engineer/Geologist.................................................................................................................................$ 120.00 Per Hour
Supervisor....................................................................................................................................................... $ 89.00 Per Hour
GeotechnicalAide............................................................................................................................................ $ 84.00 Per Hour
Senior Technician (Soil, Concrete, Asphalt Concrete).......................................................................................... $ 88.00 Per Hour
Technician (Soil, Concrete, Asphalt Concrete).................................................................................................... $ 84.00 Per Hour
Special Inspector (Grading).............................................................................................................. ...$ 105.00 Per Hour
Special Inspector (Building Construction)........................................................................................................... $ 84.00 Per Hour
Draftsperson.................................................................................................................................................... $ 68.00 Per Hour
AdministrativeAssistant.................................................................................................................................... $ 80.00 Per Hour
Field Vehicles/ Equipment
FieldVehicle................................................................................................................................................... $ 10.00 Per Hour
NuclearGauge................................................................................................................................................ $ 10.00 Per Hour
Prevailing Wage Projects
Senior Technician (Soil, Asphalt Concrete)/Special Inspector (Building Construction)
SITE TIME
Straight time Per Hour 1.2 Over time Petr Hour L2
$115.00 $125.00 Daily+ Saturday /$145.00 (Sunday + Holiday)
Notes., These rates are subject to change in accordance with prevailing wage rates set by the Director of Industrial Relations.
Nuclear Gauge and/or Field Vehicle charge included.
Preparation of Certified Payroll Report........................................................................................................................... $100 each
Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation
for Trial and Court Appearances
Principal Engineer/Geologist............................................................ ....... $500 Per Hour
Senior Engineer/Geologist............................................... ...... $400 Per Hour
($1,500.00 Minimum Professional Fee Per Case)
Basis of Charges
Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess of eight hours per day and for work performed on
Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times the appropriate hourly rates.
Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for
inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 hours or extending
past noon.
A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project. A minimum
of two (2) hours, including travel time, will be charged for each site visit.
Prevailing Wage Projects
Daily straight time rates will apply to first 8 hours worked Monday -Friday. Overtime rates will apply as follows: pally - 1.5x straight
time rate for first 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Saturday
^- 1.5x straight time
rate for first 12 hours, 2.Ox straight time rate for overtime in excess of 12 hours; Sunday/Holiday - 2.Ox or 3.Ox straight time
rate, depending on holiday.
11-84
Geotechnical Laboratory Charges
Maximum Density -Optimum Moisture Test
ASTMD1557.......................................................................................................................................
$ 110.00 Each
CaliforniaMethod 216. ... . .... I., .............................................................................................................
$ 130.00 Each
1 -Point Verification (ASTM D1557)........................................................................................................
$ 65.00 Each
MoistureContent Test...........................................................................................................................................
$ 25.00 Each
Moisture& Density Test........................................................................................................................................
$ 30.00 Each
Sieveor Hydrometer Analysis................................................................................................................................
$ 100.00 Each
Sieve& Hydrometer Analysis Combined..................................................................................................................
$ 150.00 Each
SandEquivalent Test.............................................................................................................................................
$ 70.00 Each
CollapsePotential Test..........................................................................................................................................
$ 110.00 Each
Consolidation Test - With Time Rate.....................................................................................................................................
$ 145.00 Each '
- Without Time Rate..............................................................................................................................
$ 110.00 Each '
DirectShear Test -Fast ......................................................................................................................................................
$ 160.00 Each '
Slow...................................................................................................................................................
$ 200.00 Each '
Residual............................................ ..... ....................................... .................................... I................
$ 560.00 Each '
*Add $50 Fabrication Charge for Tests on Remolded 5peomens.
AtterbergLimits (LL & PL Only)..............................................................................................................................................
$ 165.00 Each
ExpansionIndex Test............................................................................................................................................................
$ 125.00 Each
Hveem Stabilometer (R -value) Test - (Soil).............................................................................................................................
$ 210.00 Each
Hveem Stabilometer (R -value) Test - (Aggregate Base) (Cal 301 or ASTM 2844)......................................................................
$ 310.00 Each
Water -Soluble Sulfate Test ......................... ...........................................................................................................................
$ 50.00 Each
Concrete Coring
2" to 8" diameter up to 6" thick........................................................................................................................................
$ 200.00 Per Core
Additionalthickness...........................................................................................................................................
$ 25.00 Per Inch
Mobilization -Demobilization Charge (Portal-to-Portal).........................................................................................................$
160.00 Per Hour
Concrete Laboratory Charges
Compression Test
ConcreteCylinders (ASTM C39).............................................................................................................................
$ 35.00 Each `
MortarCylinders (ASTM C39).................................................................................................................................
$ 35.00 Each
Grout Prisms (Uniform Building Code Standard 24-28).............................................................................................
$ 35.00 Each '
SamplePick-Up..............................................................................................................................................................
$ 100.00/trip
*Includes Molds & Report of Results
Asphalt Concrete Laboratory Charges
Maximum Density Determination (Cal 304m 2 pt, Average)...................................................................................................
$ 210,00 Each
StabilityValue (Cal 366)......................................................................................................................................................
$ 130.00 Each
Extraction/Gradation..........................................................................................................................................................
$ 210.00 Each
Equipment/Supply Charges
OrganicVapor Meter (Minimum Charge)............................................................................................................................
$ 160.00 Per Day
Brass Sample Tubes w/Teflon Lines & Plastic Caps
(2.5" Dia. x 6" Long)...........................................................................................................................................................
$ 30.00 Each
Drill Rig/Bulldozer/Backhoe, Sample Tubes, Misc. Services (Airphotos, Chemical Laboratory Testing, etc.)......................................Cost
+ 15%
Coring Portland Cement Concrete or Asphalt Concrete Pavement....................................................................................................
Quotation
Infiltration Tests by Double -Ring Intiiltrometer
TestMethod: ASTM D3385-09.....................................................................................................................................................
Quotation
Test Method: ASTM D5093-02 (Reapproved 2008)........................................................................................................................
Quotation
Miscellaneous Charges
The charge for any tests not indicated above will be billed at cost plus 15 percent. Laboratory technician time will
be billed at the rate of
$88.00 per hour
Expenses
Job-related expenses (per diem, long distance telephone calls, permits, outside printing services, special tests, etc.) will be billed at cost plus
15 percent. Report reproduction (in-house) will be billed at cost.
11-85
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 City Council, boards
and commissions, officers, agents, volunteers and employees.
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, two million dollars ($2,000,000) 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).
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Harrington Geotechnical Engineering, Inc. Page C-1 11-86
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents, volunteers
and employees 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, its City Council, boards and commissions, officers, agents, volunteers
and employees 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 Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Harrington Geotechnical Engineering, Inc. Page C-2 11-87
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. 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. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. 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. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. 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 -
Harrington Geotechnical Engineering, Inc. Page C-3 11.88
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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. 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.
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-4 11-89