HomeMy WebLinkAbout09 - Approval of PSA (Contract No. 8906-1) for Pavement Management Program (Project No. 23R01)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 23, 2022
Agenda Item No. 9
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: Approval of Professional Services Agreement with GMU
Geotechnical, Inc., (Contract No. 8906-1) for Pavement Management
Program (Project No. 23R01)
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The City of Newport Beach (City) maintains a Pavement Management Program to assess
pavement conditions and identify future pavement rehabilitation needs. A Pavement
Condition Index (PCI) is calculated for every public street and alley. In order to maintain
eligibility for Measure M2 funds, Orange County agencies are required to have a
Pavement Management Plan. Staff requests City Council approval to enter into a
Professional Services Agreement with GMU Geotechnical, Inc. to perform pavement
inspections, update inventory, and submit compliance reports to the Orange County
Transportation Authority (OCTA).
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 a Professional Services Agreement with GMU Geotechnical, Inc. of Rancho
Santa Margarita, California, for Pavement Management Program Services for a not -
to -exceed amount of $159,346, and authorize the Mayor and City Clerk to execute the
Agreement.
DISCUSSION:
The City maintains a Pavement Management Program to assess pavement conditions
and identify future pavement rehabilitation needs. All public streets and alleys are
inspected once every two years. Pavement distresses are identified and recorded in a
pavement management software called MicroPAVER. A PCI is then calculated for every
public street and alley. Staff relies on these PCIs to identify proper pavement rehabilitation
treatments.
9-1
Approval of Professional Services Agreement with GMU Geotechnical, Inc., (Contract
No. 8906-1) for Pavement Management Program (Project No. 23R01)
August 23, 2022
Page 2
In addition, Orange County agencies are required to have a Pavement Management Plan
(PMP) in order to maintain eligibility for Measure M2 funds. In accordance with the OCTA
PMP Guidelines, all major arterials are required to be inspected by a certified inspector
and a formal PMP must be adopted and submitted to OCTA every two years.
Staff requests City Council approval to enter into a Professional Services Agreement with
GMU Geotechnical, Inc. to perform pavement inspections, update inventory, and submit
compliance reports to OCTA. A Request for Proposals (RFP) for these services was
recently issued and a total of five proposals were received. The proposals were evaluated
by a three -person technical panel and four of these proposals earned a minimum of 70
percent of the Technical Score. The resulting scoring is as follows:
PROPOSER
TOTAL SCORE
(Out of 100)
OVERALL
RANK
GMU Geotechnical, Inc.
92
1
Bucknam Infrastructure Group, Inc.
87
2
Nichols Consulting Engineers, Chtd. (NCE)
86
3
Infrastructure Management Services, LLC
70
4
GMU Geotechnical, Inc. demonstrated that it has the expertise and experience needed
to successfully complete the services outlined in the RFP. In addition, GMU Geotechnical,
Inc. has successfully completed similar projects for other local agencies. This firm has
also completed many project -level pavement analysis reports for the City. The cost
proposal for GMU Geotechnical, Inc. was opened, and staff believes the rates are
reasonable. Therefore, staff recommends approving a Professional Services Agreement
with GMU Geotechnical, Inc. to complete Pavement Management Program services.
Similar to the previous four years (FY 2019 thru FY 2022), the term for this agreement
will cover the next four years (FY 2023 thru FY 2026). The proposed scope of work will
consist of the following tasks:
1. Complete field pavement inspections
2. Update the City's MicroPAVER database
3. Perform PCI calculations
4. Prepare PCI reports
5. Perform quality control
6. Prepare OCTA Measure M2 reports
7. Update the City's pavement GIS Map
FISCAL IMPACT:
The adopted budget includes sufficient funding for year one of this service. It will be
expensed to the CIP Project Budget General Fund account in the Public Works
Department, 01201927-980000-23R01. Future funding will be requested during the City's
Capital Improvement Program (CIP) budget adoption. The consultant's proposed not -to -
exceed fee for this service is $159,346 for the term of this agreement.
9-2
Approval of Professional Services Agreement with GMU Geotechnical, Inc., (Contract
No. 8906-1) for Pavement Management Program (Project No. 23R01)
August 23, 2022
Page 3
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).
ATTACHMENT:
Attachment A — Professional Services Agreement
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ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
WITH GMU GEOTECHNICAL, INC. FOR
PROFESSIONAL ENGINEERING SERVICES FOR PAVEMENT MANAGEMENT
PROGRAM SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 8th day of August, 2022 ("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 for professional engineering services for
pavement management program services ("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 September 1, 2026, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Fifty Nine Thousand Three Hundred Forty Six Dollars and 00/100 ($159,346.00),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
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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.
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 Roger Schlierkamp 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 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
GMU Geotechnical, Inc. Page 3
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
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
GMU Geotechnical, Inc. Page 4
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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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
GMU Geotechnical, Inc. Page 5
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, 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 full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate
of return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") 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.
24.2 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.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn-. Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Roger Schlierkamp
GMU Geotechnical, Inc.
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for
payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seg.
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
28.1 If any of the Work contemplated under the Agreement is considered a
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 seg.), 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
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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.
28.2 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.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
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29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
GMU Geotechnical, Inc. Page 11
9-14
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
Date: , go'x 2
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By.
Aaron C. Harp q ;2, Kevin Muldoon
City Attorney Mayor
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CONSULTANT: GMU Geotechnical, Inc.,
a California corporation
Date:
By:
Gregory P. Silver
Chief Executive Officer
Date:
Bv:
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 12
9-15
EXHIBIT A
SCOPE OF SERVICES
GMU Geotechnical, Inc.
Page A-1
9-16
EXHIBIT A
SCOPE OF SERVICES
Task 1 — Progress Meetings with the City Staff
Consultant will first meet with the City to kick-off the project and will schedule additional
meetings to give regular updates on the work progress. The meetings will include the
following discussion items:
• Project schedule, budget, and invoice items
• Specific project limits to confirm network inventory (private streets, public streets,
etc.)
• Existing and future budgets for maintenance and rehabilitation projects
• Unit costs for various strategies from past bid histories
• Street classifications
• Quality Control Plan
• Past pavement management plan reports, excel files, or databases
• Pavement repair strategies (pavement repair "toolbox")
• Other topics that may arise during the project.
Consultant will also perform a document review of all the available City records of
previous projects, inventory, maps, and other related information.
Deliverables
• Consultant will prepare a meeting agenda prior to each meeting
• Meeting minutes, with action items and due dates will be provided, after each
meeting
• Draft QA/QC Plan
Task 2 — Update Maintenance and Rehabilitation Activities
Consultant will incorporate the Maintenance and Rehabilitation (M&R) activities (i.e., work
history) performed since the last PMP update into the PMP database. Consultant will
request the following information from the City:
• Project plans and specifications
• Project limits
• General repair/treatment types
• Approximate work dates
• Construction cost information or bid results
Incorporating the M&R history into the PMP is essential. It improves pavement condition
predictions and allows more accurate M&R schedules and estimates to be recommended.
9-17
Additionally, absent work history information can lead to discrepancies between the
predicted PCI and actual measured PCI. The following graph illustrates this concept.
FAIR
POOR
VERY GOi
GOOD
Original Service Life
Pavement
R"Wenn R to
Ell
.� � t�ou
M&REffect
K
atl
Life Extension
due to M&R
VERY POOR DOI
Cu me
Time/Traffic
Figure 1: Illustration showing the effect of M&R activities on pavement
performance. Not recording the M&R activity may lead to PCI prediction
discrepancies.
Deliverables
• PAVER database with updated M&R work history
• Maintenance and Rehabilitation (M&R) history table
Task 3 — Pavement Condition Survey
To objectively rate the current condition of the pavements managed by the City,
Consultant will perform pavement surface condition assessments in general accordance
with American Society of Testing and Materials (ASTM) D6433 "Standard Practice for
Roads and Parking Lots Pavement Condition Index Surveys". Additionally, Consultant
personnel that will perform the pavement surface condition assessments are certified by
Orange County Transportation Authority (OCTA).
To summarize ASTM D6433, this standard test method defines 20 different asphalt
concrete pavement distress types and 19 different portland cement concrete distress
types, how to rate and measure them, and how to calculate the Pavement Condition Index
(PCI). For asphalt concrete and portland cement concrete pavements, the different
pavement distress types defined by the test method is summarized as follows:
NMI
Asphalt Concrete Pavement Distresses
1. Alligator or
9. Lane/Shoulder
14. Railroad Crossing
Fatigue Cracking
Drop -Off
15. Rutting
2. Bleeding
10. Longitudinal /
16. Shoving
3. Block Cracking
Transverse
17. Slippage
4. Bumps and Sags
Cracking
Cracking
5. Corrugation
11. Patching / Utility
18. Swell
6. Depression
Cut Patches
19. Raveling
7. Edge Cracking
12. Polished
20. Weathering
8. Joint Reflection
Aggregates
Cracking
13. Potholes
Portland Cement
Concrete Pavement Distresses
21. Blowup/Buckling
27. Lane/Shoulder
32. Popouts
22. Corner Break
Drop -Off
33. Pumping
23. Divided Slab
28. Linear Cracking
34. Punchouts
24. Durability
29. Patching, Large &
35. Railroad Crossing
Cracking
Utility Cuts
36. Scaling
25. Faulting
30. Patching, Small
37. Shrinkage Cracks
26. Joint Seal
31. Polished
38. Spalling, Corner
Damage
Aggregates
39. Spalling, Joint
Besides identifying the distress type, the severity level of the given distress type is also
considered (i.e., low, medium, or high typically), as well as the quantity of each distress
type (i.e., square foot or linear foot typically).
The type, extent, and severity level of the distresses identified and measured is used to
calculate the Pavement Condition Index (PCI). The PCI is on a 0 to 100 rating scale,
where new and properly constructed pavements have a PCI of 100 or close to 100. In
general, a street with more distresses, greater quantity of distresses, and higher severity
level of distresses will have a lower PCI. Identifying the pavement's PCI allows the streets
to be objectively prioritized and scheduled for improvements.
During pavement distress surveys, information regarding street segment characteristics
such as functional classifications, pavement type, pavement area, number of travel lanes
etc. will be verified.
As described in the reference (1) RFP, a yearly rotation in inspection will be followed, as
presented below:
Streets to be surveyed
2022/23
Year
2023/24 2024/25
2025/26
Arterials and Collectors
Residential Streets and Alleys Zone 1-3
Residential Streets and Alleys Zone 4-7
9-19
OCTA has recommended walking inspections for MPAH roadways. There is some
flexibility in using windshield on local streets and alleys. Accordingly, we will perform
walking surveys on MPAH and a combination of windshield/walking surveys on local
streets and alleys.
Task 4 — Budget Analyses and Maintenance and Rehabilitation (M&R) Planning
Pavement Condition Index (PCI) Analysis
Using PAVER, the Pavement Condition Index (PCI) of each section will be calculated. As
summarized in Task 3, the distress types, extent, and severities observed during the
pavement surface condition assessments will be inputted into the software. A PCI
summary table will be also prepared to summarize the condition of each street.
Budget Scenario Analysis
Consultant proposes to evaluate three funding scenarios per OCTA requirements:
1. Current Budget Scenario (existing budget)
2. Maintain PCI Scenario (budget required to maintain existing network PCI)
3. Improve PCI Scenario (budget required to improve the network PCI by one point)
The information gathered from the previous tasks will be used to prioritize streets for
maintenance and/or rehabilitation for each funding scenario. Factors such as funding
scenario, strategy selection, unit costs, and pavement condition all affect how the streets
are prioritized and what repair should be implemented in order to achieve the desired
budget or PCI goal. A table will be provided that shows a 7-year maintenance and
rehabilitation schedule that includes the following:
• Street Names for Maintenance / Rehabilitation
• Year of M&R
• Type of M&R
• Recommend projects for future years
Decision Tree Review and Update
We propose to review and develop updated recommendations for the City's existing
maintenance and rehabilitation (M&R) decision tree. Examples of various types of
pavement M&R strategies that can be explored and potentially incorporated into the
City's decision tree include:
9-20
Maintenance / Preservation
Treatments
• Slurry Seal, conventional and
latex modified
• Microsurfacing
• Chip Seals
• Cape Seals
• Crack Repair
• Reclaimed Asphalt Pavement
Chip Seals
• Rubberized slurry seals
Reconstruction
Rehabilitation
• Mill and Fill or Mill and Overlay
• Pavement Interlayer Systems
• Rubberized overlays
• Cold In -Place Recycling
• Cold Central -Plant Recycling
• Isolated Repair
• Full -Depth Reclamation
• Soil Stabilization
• Conventional Remove -and -Replace
• Geogrid Stabilization
• Cement, Lime, or Emulsion Treatment for Soil Stabilization.
Historically, the most cost-effective approach to increasing or sustaining a pavement
network's condition is to prioritize maintenance of good roads so they remain in good
condition. Roads maintained in good condition will provide a longer service life at a lower
overall life -cycle cost than a road that is allowed to deteriorate to a poor condition thereby
requiring more expensive repairs (i.e., full reconstruction). The following graph illustrates
this concept:
$2.00 for PP Here
C Good
1--
Z Fair
O
v 75% of life
$4.00 for RM Here
C.)
�— Reactive Malmlenance
=
Results will vary
W Poor
Q
based on PCI
W
�
o
a
CVery Will Cost $12.00
Poor Q to $16.00for
Rehabilitation Here
Failed
12% of life
1 5 10 15 20 25
AGE OF PAVEMENT
PP = Pavement Preservation RM = Reactive Maintenance
Figure 2: Effect of proactive vs reactive treatments on pavement performance.
9-21
Please note the M&R decision tree is not intended to substitute project -level pavement
evaluations and analyses. Additional information, such as subsurface conditions,
subgrade soil type, traffic conditions, and more, may be necessary to develop site -specific
recommendations.
Unit Cost Update
Consultant will review historical bid results provided, collaborate with the City on
development of new/revised unit costs for various maintenance and repair strategies, and
develop updated unit costs for various maintenance and repair strategies. Final
conclusions and recommendations will be based on life -cycle cost analysis.
Deliverables
• Recommended M&R schedule and estimated required budget for each street
and for each year
• PCI summary table
• Updated unit cost table
• Updated decision tree matrix
• PMP database
Task 5 — Quality Control Procedures
Consultant will perform PCI surveys utilizing Orange County Transportation Authority
(OCTA) certified pavement inspectors. Obtaining this certificate involved performing PCI
surveys of control sample units selected by OCTA. OCTA reviewed the pavement
distresses identified by the pavement surveyor and issues a certificate if deemed
proficient. Identification of pavement distress types, extent, and severities and
subsequent PCI calculations for this certification process are performed in accordance
with ASTM D 6433.
Beyond PCI surveys performed by OCTA certified pavement inspector(s), additional
quality control procedures per the reference OCTA guidelines are implemented to further
improve PCI survey accuracy, summarized as follows.
PCI Data Quality Control
A second OCTA certified pavement inspector will perform walking re -inspections of
random sections inspected by the first inspector. The selected sections will be randomly
chosen to span different conditions, such as:
• Different Pavement Types (AC or PCC)
• Different Pavement Conditions (streets with different PCI ranges)
• Different Pavement Age
• Different M&R history
• Different Functional Classifications
9-22
For the data to be acceptable, the types and severities of the distresses must be the same
and the quantities must be within 10% of each other. If more than 10% of the sites have
unacceptable data, then additional sites will be reviewed and compared. This process
will continue until at least 95% of the selected sites meet the acceptability criteria. Costs
and time to perform re -inspections will not be billed to the City.
Current PCI Data vs Historical PCI Data Quality Control & Comparison
As another level of quality control, Consultant will compare the newly collected PCI data
with past PCI data. If no M&R is performed between the two inspection dates, properly
designed and constructed pavements typically deteriorate at a rate of approximately 2 to
4 PCI points per year. Discrepancies beyond this range is flagged for further review.
PCI data is considered acceptable if they differ by less than 10 PCI points compared to
the previous inspection/projection. Otherwise, the sections will be investigated under the
following two scenarios:
• Scenario 1 — PCI increases by more than 10 points: the section will be investigated
to check if M&R activities has occurred but were not recorded. M&R activities such
as crack sealing, slurry seal, overlay, patching etc. will increase the PCI of the
section.
• Scenario 2 — PCI decreases by more than 10 points: The section will be
investigated to check if the deterioration rate is acceptable. In case the
deterioration exceeds the typical and default rates; the section will be re -inspected.
Task 6 — OCTA Measure M2 Report
Consultant understands that the City is required to submit a PMP plan to OCTA on odd
years for funding purposes. OCTA PMP guidelines require MPAH (i.e., arterial streets)
to be surveyed every two years and all local streets surveyed every six years.
Four PMP updates will be performed, and two reports will be prepared in the odd years.
Each report will span an analysis period of 7-years as required by OCTA. The PMP
reports will be prepared following the requirements of OCTA's Countywide Pavement
Management Plan Guidelines, including:
• Condition / Status of Pavement Segments
• Average PCI for
o MPAH roadways
o Local Streets
• Projected PCI under existing funding levels for
o MPAH roadways
o Local Streets
9-23
• Seven-year plan for road maintenance and rehabilitation based on current and
projected budget, including
o Street name
o Limits of work
o Lengths, widths
o Pavement areas
o Functional class
o Type of treatment
o Cost of treatment
o Year of treatment
• Alternative funding levels required to
o Maintain existing average network PCI
o Improve average network PCI
• Backlog by year of unfunded pavement rehabilitation, restoration, and
reconstruction needs
• Centerline mileage for MPAH, local streets, and total network.
Deliverables
A draft report and a final report will be prepared for each of the 2023 and 2025 updates:
• 2023 Report
o Includes PCI surveys of all MPAH streets and
residential streets and alleys in zones 1-3
o Comprehensive OCTA Compliant PMP
Report
• 2025 Report
o Includes PCI surveys of all MPAH streets and
residential and alleys in zones 4-7
o Comprehensive OCTA Compliant PMP
Report
The electronic copy of the Newport Beach PMP MicroPAVER database (.e70 file
format) will be provided to the City as it is being updated.
During the even years, updated PMP database in excel and GIS file will be submitted to
the City.
9-24
Task 7 — GIS ArcMap Update
Consultant will update the existing GIS dataset, and submit it to the City as part of the
deliverables. This dataset will consist of linear geographic features that represent
road/street segments, and will include different attributes such as street name, street
limits (from, to), length, PCI, etc.
E. PROJECT SCHEDULE
Below is the proposed schedule to perform the work presented in this proposal.
DescriptionTask
Task - 1 Progress Meetings with the City Staff
x
Sep
Oct Nov
DecAug
x x
Task - 2 Update Maintenance and Rehabilitation (M&R)
Activities
Task - 3 Pavement Condition Survey
Task - 4 Budget Analyses and M&R Planning
Pavement Condition Index (PCI) Analysis
Budget Scenario Analysis
Task - 5 Quality Control Procedures
Task - 6 OCTA Measure M2 Report
Draft Report and Appendices
Final Report
Task - 7 GIS ArcMap Update
After having the Notice to Proceed (NTP), Consultant will conduct a kick-off meeting with
the City to discuss our methodology in detail and request the previous M&R project
records.
The inspection report and the draft OCTA report will be submitted to the City in February
2023 and February 2025. The final OCTA report, inspection report and GIS update will
be submitted to the City in April 2023 and April 2025.
The inspection report and GIS update will be submitted to the City in March 2024 and
March 2026.
9-25
EXHIBIT B
SCHEDULE OF BILLING RATES
GMU Geotechnical, Inc. Page B-1
9-26
EXHIBIT B
BILLING RATES
PROFESSIONAL SERVICES
Document Preparation and Project Services
$ 95.00/hour
CAD, GIS, and Geo-BIM Design
$ 115.00/hour
Staff Engineer or Geologist
$ 145.00/hour
Senior Staff Engineer or Geologist
$ 175.00/hour
Project Engineer or Geologist
$ 195.00/hour
Senior Engineer or Geologist
$ 230.00/hour
Associate Engineer or Geologist
$ 240.00/hour
Principal/Director
$ 265.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Engineering Technician $ 105.00/hour*
• Services provided under direct supervision of a Senior Engineering Technician
Senior Engineering Technician $ 115.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (No 4 hour minimum) $ 115.00/hour*
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
Instrumentation Engineer $ 145.00/hour
• Slope inclinometer and Piezometer monitoring
• Manometer for floor -level surveys
• Stormwater Turbidity & pH meter
• Groundwater Monitoring - pressure transducer, datalogger, water chemistry meter, etc.
• Pipeline video camera for drains, wells, etc.
Engineering Seismological Technician (includes 3-channel seismograph) $ 145.00/hour
• Blast vibration monitoring
• Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.)
`Notes:
(1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling.
(2) No 4-hour minimum charges apply.
(3) 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.
(4) Prevailing Wage hourly surcharge for Technicians and Inspectors per
California Labor Code § 1720, et seq. $ 22.00/hour
LABORATORY TESTING SERVICES
Laboratory Testing $ 117.00/hour
(For special materials testing and laboratory costs on a per -test basis, see GMU's Laboratory Fee Schedule)
OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost
9-27
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 Vll (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
9-28
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
GMU Geotechnical, Inc. Page C-2
9-29
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
CG20380413.
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.
GMU Geotechnical, Inc. Page C-3
9-30
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-
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
9-31