HomeMy WebLinkAboutC-7145-4 - On-Call PSA for Geotechnical and Materials Testing ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH GEOCON WEST, INC. FOR
GEOTECHNICAL AND MATERIALS TESTING SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 10th day of February, 2026 ("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 is 6960 Flanders Drive, San Diego, CA 92121, and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to perform on -call geotechnical and materials
testing 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 February 9, 2029, 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;
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
Five Hundred Thousand Dollars and 00/100 ($500,000.00), 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 Jelisa 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.
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
liability regardless of whether any insurance
not act as a limitation upon the amount
Consultant.
10. INDEPENDENT CONTRACTOR
This indemnity shall apply to all claims and
policies are applicable. The policy limits do
of indemnification to be provided by the
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 Computer Aided Design and Drafting ("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; or (b) 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,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
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.
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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.
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.
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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
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jelisa Adams
Geocon West, Inc.
6960 Flanders Drive
San Diego, CA 92121
26. CLAIMS
26.1 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.).
26.2 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.).
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
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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 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 Contract shall be paid to all workmen employed on the
Work to be done according to the Contract by the Contractor 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 Contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774 and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
28.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem
wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport
Beach, California 92660, and are available to any interested party on request.
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,
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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.
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]
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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 ATTORNEY'S OFFICE
Date: 1 / I :S 1 z6
By: -Fr,
Aar n C. Harp .
City Attorney
ATTEST:
Date:
By:
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Lauren Kleiman
Mayor
CONSULTANT: Geocon West, Inc.,
a California corporation
Date:
Signed in Counterpart
Bv:
William J. Lydon
Chief Financial Officer
Date:
Signed in Counterpart
By:
Jelisa Adams
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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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 ATTORNEY'S OFFICE
Date: * Z6
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: -r"By:
Aar n C. Harp . �� �� Lauren Kleiman
City Attorney Mayor
ATTEST: CONSULTANT: Geocon West, Inc.,
Date: a California co poration
Date: California
By: By: 4�
9z
Lena Shumway William J. Lydon
City Clerk Chief Financial Officer
Date: tl (Co� 2�p
By:
Jeli a A s
Vic'r s' en
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT
SCOPE OF SERVICES
Geocon West, Inc. Page A-1
SCOPE OF SERVICES
ON -CALL GEOTECHNICAL AND MATERIAL TESTING SCOPE OF SERVICES
The following is a list of on -call geotechnical and materials testing services that shall be required:
• Conduct geotechnical observations, 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.
<0) GEOCON
City of Newport Beach
On -Call Geotechnical and Material Testing Services
RFP NO. 26-17
DESCRIPTION OF PROJECT CONTROLS TO PROVIDE HIGH QUALITY
DELIVERABLES WHILE MINIMIZING ADDITIONAL DESIGN COSTS AND
SCOPE CHANGES
Our foremost commitment under this contract is to provide exceptional service. We will maintain clear, consistent
communication with the City's contract managers and keep open lines of contact at all times. Our team will be
available to meet with you upon request and at your convenience; our phones remain on and accessible, and we
will respond promptly to your calls, day or night.
To support continuity and efficiency, the same team will remain involved throughout the term of this contract,
ensuring a thorough understanding of the City's objectives and facilitating successful contract performance. As part
of our standard procedure, all billing information will be carefully reviewed by our Project Managers prior to
submittal to the City.
QUALITY CONTROL
Geocon's cost control begins with effective quality control procedures. Geocon's established
(� = quality control procedures have earned us an excellent reputation for delivering quality
L products. Our in-house computerized cost control, project tracking, and project management
G O system allows our project managers to monitor the quality of all aspects of a project as it
evolves. All quality control begins with a team meeting after the contract has been awarded
and before the start of work. The project manager reviews and formalizes the technical,
budgetary, and schedule aspects of the project and discusses the information with the project
team. Further technical checks are performed by the project manager after field and
laboratory investigations to verify satisfactory project performance. In addition, Geocon's
quality assurance program provides accuracy and reproducibility acceptable to industry
standards. We accomplish this through the application of experienced staff, ongoing staff
training, calibration of testing apparatus by certified independent agencies, and periodic
review of Geocon's personnel and procedures by outside accredited testing and inspection
agencies.
BUDGET CONTROL
Our commitment to providing good customer service begins with each proposal; once a scope
of work and price have been developed and agreed upon, we do not issue change orders
I unless the scope of work or project schedule has been changed. As a project evolves, project
costs are reviewed by the project manager every week or as needed throughout the project
duration. If we see a change in the scope of work or that the project is going over budget, we
will discuss the situation with the client immediately. Geocon will not bill a client additional
charges unless the charges have been pre -approved by the client and we have written
authorization to do so.
In order to be as cost-effective as possible, construction inspection and testing services are
performed by multi -certified inspectors whenever possible. This often eliminates the need for
a second inspector on the same day and saves the project money. We also practice value
engineering throughout the construction duration because we recognize that the most
significant project costs will be incurred during this time. We add value to projects by
accurately evaluating site soil and geologic conditions and developing practical, cost-effective
foundation and/or groundwater improvement alternatives.
City of Newport Beach
<,,>) G f�;( ON On -Call Geotechnical and Material Testing Services
�J �J �J RFP NO. 26-17
SCHEDULE CONTROL
In order to maintain project schedules and minimize delays, we maintain regular
0 0 0 communication with clients throughout project durations. Our staff understands the
0 importance of direct client communication concerning the scope of work, project milestones,
0 and project deliverables. We must have a clear understanding of the project and client
expectations before commencing work. Through advanced planning and the establishment of
project milestones, potential impacts on the critical path are flagged early to allow for
contingency planning, which minimizes risks to the project, including delays and budget
overruns.
Geocon regularly completes projects on schedule and is conscious of the importance of
timeliness during report preparation and when responding to questions from the design team
throughout the entire project duration. Documents will be provided to the project team in
electronic (PDF) format to keep projects moving forward expeditiously. Reports will be sent
electronically via email and by hard copy via overnight mail once completed. This will allow
the project team more time to complete their tasks while waiting for the final documents. Our
Schedule control methods have allowed us to provide deliverables promptly and have proven
our ability to provide services for multiple, large-scale projects concurrently while adhering to
project schedules.
__rL„ COMMUNICATION COORDINATION
CMMs. Jelisa Thomas Adams, GE, Contract Manager and Senior Engineer, will be responsible for
"v— maintaining an open line of communication with the City and will meet with you to determine
your needs and develop a service strategy to meet those needs. Ms. Adams has over 19 years
of experience performing geotechnical services for the design and construction of capital
improvement projects and has a clear understanding of the California Building Code, ASCE 7,
and ASCE 41, Title 24, Greenbook, CALTRANS, and CGS requirements. She will be responsible
for developing scopes of work, the resourcing of personnel, reviewing project schedules and
budgets, and providing oversight of geotechnical investigations, soils inspection, and testing
activities, if needed.
Geocon will work with the City throughout the design process to make sure that project goals
are achieved and deadlines are met. The City will be involved during the proposal process, will
be kept up to date on major project milestones, and will be able to provide comments during
report preparation. We will meet with our subcontractors early in the proposal process, so
they have a clear understanding of the project, what is expected of them, and project
deadlines. Once we receive a notice to proceed, Geocon will contact our subconsultants
immediately to make sure they are prepared to perform their scope of work. We regularly
work with local municipalities and other government agencies and will provide the necessary
project coordination for permitting and planning. Our key personnel will maintain
communication with all parties involved at the project site and will be available for detailed
discussions, as needed.
<401w)� GEOCON
City of Newport Beach
On -Call Geotechnical and Material Testing Services
RFP NO. 26-17
^� MANAGING PHASED PROJECTS
O0O P Geocon provides geotechnical design and consultation services for capital improvement
projects from project conception through the completion of construction. Our services are
typically performed in phases throughout design, permitting, and construction. For a typical
new CIP project, our services begin with a geologic hazard evaluation to assess the potential
OO 0 for geologic and seismic hazards that could adversely affect the proposed project. Following
the geologic hazard evaluation, a geotechnical investigation is performed to provide
recommendations pertaining to the geotechnical aspects of design and construction. We work
with the City, design team, and regulatory agencies involved throughout the design process,
as well as review project plans and specifications to verify conformance with pertinent design
requirements before bidding and construction.
Once construction begins, Geocon provides oversight and performs soils and materials testing
services to ensure that earthwork and construction are performed per the project plans and
specifications. We have constant interaction with the Inspector of Record and the City
throughout this process. We also respond to Requests for Information (RFIs) and interact with
the design team with adherence to the required chain of communication. Upon completion of
construction, we prepare final certification reports for project close-out procedures.
Whether providing geotechnical services during the design phase or construction phase, our
staff is accustomed to mobilizing on relatively short notice and providing deliverables in a
timely manner. We have proven capabilities to provide services for multiple, large-scale
projects concurrently while adhering to project schedules and budgets.
ACCOUNTABILITY FOR PROJECT PLANS, SPECIFICATIONS & TIMELINES
Projects are always managed by licensed professional staff members who are familiar with the
California Building Code, Title 24, Greenbook, and Caltrans standards and requirements. This
�— ensures proper report preparation and efficient interaction with the City's Project Manager.
In many instances, we are on a first -name basis with the project management staff, providing
review of reports and construction documents. It is our policy to return telephone calls and
respond to RFIs the same day they are received, whenever possible.
EXHIBIT B
SCHEDULE OF BILLING RATES
Geocon West, Inc. Page B-1
GEOCO1V
W E S T, I N C.
G EOTEC HNICAL ■ ENVIRONMENTAL ■
2025 SCHEDULE OF FEES
PROFESSIONAL SERVICES
M A T E R I A L S
Word Processor/Non-Technical Assistant/Draftsman/Dispatcher........................................................................................................$106/hr
Engineering Assistant/Lab Technician...................................................................................................................................................106/hr
Engineering Field Technician (Earthwork/Compaction TestingBackfill).............................................................................................*90/hr
Special Inspector (Concrete, Rebar, Masonry, Welding, etc.)...............................................................................................................*95/hr
Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles)..........................................................................................*117/hr
LA City Deputy Grading Inspector (Bottom Approval / Shoring / Foundations / Piles)......................................................................*133/hr
StaffEngineer/Geologist......................................................................................................................................................................*135/hr
SeniorStaff Engineer/Geologist..........................................................................................................................................................*148/hr
ProjectEngineer/Geologist..................................................................................................................................................................
* 159/hr
SeniorProject Engineer/Geologist.......................................................................................................................................................*170/hr
SeniorEngineer/Geologist...................................................................................................................................................................*191/hr
AssociateEngineer/Geologist..............................................................................................................................................................
*217/hr
Principal Engineer/Geologist/Litigation Support ...................................................................................................................................424/hr
AttorneyFees (General)........................................................................................................................................................................530/hr
Depositionor Court Appearance...........................................................................................................................................................583/hr
Overtime/Saturday Rate/Night Rate (7pm — 6am w/ 8-Hour minimum per call out)............................................1.5 X Regular Hourly
Rate
Sundayand Holiday Rate......................................................................................................................................... 2 X Regular Hourly
Rate
Minimum Fee per call -out (if 4 hours or less) 4-Hour minimum, (if more than 4 hours and less than 8 Hours) 8-Hour minimum
Short -Notice Cancellation, 4 Hours (if after 4 pm the day before the scheduled inspection or upon/after arrival at the job site)
*Prevailing Wage (PW) California Labor Code § 1720, et. Seq add $50/hr
EQUIPMENT, MATERIAI
- - - - --- ----------- - - ---------- ------ --------- -----
Nuclear Density Gauge / Sand Cone Testing Equipment .......
$11/hr
Vehicle.....................................................................................I
1/hr
Special Inspection Equipment...................................................5/hr
Asphalt Cold Patch/Concrete................................................
32/bag
Double Ring Infiltrometer Equipment ................................
212/day
GPSUnit.............................................................................
170/day
Pick-up Truck......................................................................159/day
WaterBuffalo........................................................................
80/day
D namic Cone Penetrometer ...............................................424/da
Hand-Auger.......................................................................... 53/day
Distilled Water (5-gallon)........................................................ 21/ea
Bailer (Reusable)................................................................... 37/da
Bailer (Disposable)................................................................. 16/ea
Stainless Sampling Pump ..................................................
$159/day
Battery -Powered Pump..........................................................
80/day
Water Level Indicator............................................................
42/day
Interface Probe....................................................................133/day
Photo -Ionization Meter........................................................159/day
Combustible Gas Meter.......................................................159/day
pH/Conductivity/Temperature Meter...................................159/day
Turbidity Meter.....................................................................
85/day
Air Sampling Pump............................................................... 85/day
Level D PPE/Decon Rinse Equipment
................................... 58/day
Concrete Coring Equipment ................................................
302/day
Generator or Air Compressor..............................................159/day
& ANALYTICAL TESTS
55-Gallon Drum....................................................................
127/ea
Visqeen (6 mil 20X100')......................................................143/roll
Traffic Cones/Barricades .......................................................
37/day
TPHg(EPA 8015B).................................................................
74/ea
TPHd/TPHmo..................................................
(EPA 8015M) 80/ea
TPH Carbon Chain Breakdown ...................... (EPA 8015M) 117/ea
Methanol and/or Ethanol (EPA 8015M)
................................ 133/ea
Volatile Organic Compounds ..........................(EPA
8260B) 133/ea
Semi -Volatile Or anic Compounds ...................
(EPA 8270) 239/ea
PAHs (EPA 8270SIM).......................................................... 196/ea
CAM 17 Metals (EPA 6010B).............................................. 170/ea
Sin le Metal ......................................................(EPA 6010B) 32/ea
Hexavalent Chrome (EPA 7199)............................................. 80/ea
Organochlorine Pesticides (EPA 8081).................................
117/ea
Organophosphorus Pesticides (EPA 8141)............................
133/ea
Chlorinated Herbicides (EPA 8151)......................................
133/ea
PCBs(EPA 8082).................................................................
101/ea
Soil pH (EPA 9045C).............................................................
21/ea
WET or TCLP Extraction........................................................
90/ea
EPA 5035 Sample Kits............................................................
42/ea
Asbestos (PLM)......................................................................
27/ea
Asbestos (400-point count) .....................................................
53/ea
Sample Compositing...................................................21/composite
48-hour Turnaround Time ........................................
60% surcharge
72-hour Turnaround Time ........................................
40% surcharge
500 N Victory Boulevard ■ Burbank, CA 91502 ■ Telephone 818.841.8388 ■ Fax 818.841.1704
LABORATORY TESTS*
COMPACTION CURVES
(D698/D1557/T99/T108) 4-inch mold ................................
$371/ea
(D698/D1557/T99/T108) 6-inch mold ..................................
371/ea
(CT 216) California Impact ..................................................
371/ea
CheckPoint...........................................................................
159/ea
(D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ...
212/set
(D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) 80/ea
(D1633/CT312) Soil Cement Comp. Strength (Set of 3) ....
371/set
(D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.)
..............................................................................................
133/ea
SOIL AND AGGREGATE STABILITY
(D2844/CT301) Resistance Value ......................................
$424/ea
(D2844/CT301) Resistance Value, Treated..........................424/ea
(D1883) California Bearing Ratio ........................................
636/ea
(C977) Stabilization Ability of Lime ....................................
212/ea
(D1883) Calif. Bearing Ratio (Army Corp of Engineers) ....
636/ea
CHEMICAL ANALYSIS
(G187/CT643/T288) pH and Resistivity .............................
$212/ea
(D4972/T289) pH Only ........................................................
106/ea
(CT417) Sulfate Content.......................................................
164/ea
(CT422) Chloride Content ....................................................
164/ea
(D2974) Organic Content .....................................................
133/ea
PERMEABILITY, CONSOLIDATION AND EXPANSION
(D5084) Permeability, Flexible Wall ..................................
$286/ea
(D5856) Permeability, Rigid Wall ........................................
276/ea
(D2434) Permeability, Constant Head ..................................
297/ea
(D2434) Permeability, FHA Slab -on -Grade .........................
117/ea
(D2434) Permeability, Hourly ................................................
58/ea
(D2435/T216) Consolidation (6 pts. w/ Unload) ..................
477/ea
(132435/T216) Consolidation Additional Point w/ Unload ...133/ea
(D2435/T216) Time Rate Consol. (6 pts. w/Unload) ........
1,060/ea
(D2435/T216) Time Rate Consol. Add'l. Point w/Unload ...
212/ea
(D4546) Swell/Compression Testing & Density ..................
159/ea
(D4546) Swell/Settlement Testing & Density (ea. addtl. pt.)
106/ea
(D4546) Swell/Settlement Testing & Density (County) .......
159/ea
(D4546) Swell/Settlement Testing & Density (FHA) ..........
106/ea
(D4829) Expansion Index of Soils ........................................
318/ea
STEEL TESTING
Reinforcing Steel Tests:
(A370) Tensile Strength & Elongation
#11 Bar & Smaller ...............................................
$133/ea
#14 Bar................................................................
$159/ea
# 18 Bar (Proof Test) ...........................................$186/ea
(A370) Bend Test
#11 Bar & Smaller .................................................
$80/ea
#14 & #18 Bar .....................................................
$106/ea
(A370) Tensile - Mechanically Spliced Bar
#11 Bar & Smaller ...............................................
$212/ea
#14 Bar & Larger .................................................
$265/ea
(A370) Tensile — Electric Resist. Butt Splice w/ Control .....
212/ea
(A370) Straightening of bar (if required) ................................
80/ea
Structural Steel Tests:
(A370) Machining & Prep of Test Specimen ............... Cost
+ 20%
(A370) Tensile Strength & Elongation
Up to 200,000 lbs.................................................
$159/ea
200,000 — 300,000 lbs............................................186/ea
300,000 — 400,000 lbs............................................
212/ea
SOIL AND AGGREGATE PROPERTIES
(D422/T88) Particle Size, Hydrometer w/out Sieve.............$318/ea
(C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash...... 212/ea
(C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash ......186/ea
(C 136/D6913/T27) Sieve, Coarse or Fine No #200 Wash ...... 159/ea
(Cl 17/D1140/T11) Materials Finer than #200 .......................133/ea
(D2216/T265/CT226) Moisture Content.................................42/ea
(D2487/D2488) Visual Soil Classification .............................. 42/ea
(D2937) Density of In -Place Soil, Drive-Cyl. Method............ 59/ea
(D4943) Shrinkage Factors of Soils, Wax Method...................85/ea
(Cl 31/C535/CT211) L.A. Abrasion Resistance ...................$318/ea
(C142/Tl12) Clay Lumps and Friable Particles .....................164/ea
SOIL AND AGGREGATE PROPERTIES (CONTD.)
(C123/T113) Light Weight Particles......................................265/ea
(D3744/CT229/T210) Durability Index Fine .........................212/ea
(D3744/CT229/T210) Durability Index Coarse .....................212/ea
(CT227) Cleanness Value......................................................212/ea
(D4791) Flat & Elongated Particles.......................................212/ea
(D693/CT205) Percent Crushed Particles..............................212/ea
(D5821) Percent. of Fractured Particles, Coarse Aggregate..212/ea
(C40/CT213/T21) Organic Impurities....................................106/ea
(C235) Soft Hardness (Scratch Hardness)..............................133/ea
(C88/CT214/T104) Sulfate Soundness ...................................
588/ea
(C1252/T304) Uncomp act. Void Content, Fine Aggregate
....212/ea
(C127/CT206/T85) Coarse Specific Gravity ..........................186/ea
(C128/CT207/T84) Fine Specific Gravity ..............................212/ea
(D854/CT209/T100) Specific Gravity of Soil ........................239/ea
(C29/CT212/T19) Unit Weight & Percent Voids...................133/ea
(D2419/CT217/T176) Sand Equivalent..................................186/ea
(D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) 292/ea
(D4318/CT204/T89) Liquid Limit.........................................159/ea
(D4318/CT204/T90) Plastic Limit.........................................159/ea
(C330) Spec. for Lightweight Aggregates, Struc. Concrete.. Quote
SHEAR STRENGTH
(D2166) Unconfined Compression.......................................$106/ea
(D3080/T236) Direct Shear (3 points)...................................424/set
(D3080/T236) Direct Shear Addtl. Points/ea. residual pass $159/ea
(D2850) Unconsolidated-Undrained Triaxial Shear...............122/ea
(D2850) Unconsolidated-Undrained Triaxial Staged .............170/ea
(D4767) Consolidated-Undrained Triaxial Shear...................281/ea
(D4767) Consolidated-Undrained Triaxial Staged .................360/ea
(EMI 110) Consolidated -Drained Triaxial Shear....................398/ea
(EMI 110) Consolidated -Drained Triaxial Staged..................509/ea
MASONRY"
Concrete Block Test (Sets of 3 Required):
(C140) Unit Weight Moisture Content & Absorption .........$371/ea
(C140) Moisture Content/Absorption (ea. addtl. specimen) 133/ea
(C140) Compression Test ......................................................
318/ea
(C140) Compression Test (ea. addtl. specimen) ....................
133/ea
(C426) Linear Drying Shrinkage ...........................................
371/ea
(C109/UBC 21-16) Mortar Cylinder(2"x4")...........................32/ea
(C942) Grout Prism (3"0"x6"), trimming included................37/ea
Masonry Prism (Assemblage):
(C1314) 8"x8"x16" — 8"xl2"xl6".......................................$212/ea
(C1314) 8"xl6"xl6"-10"xl2"xl6".....................................239/ea
-2-
LABORATORY TESTS* (CONTINUED)
Pre -stressing Wire & Tendon Tests:
(A421) Tensile Strength, Single Wire .................................
$212/ea
(A416) Tensile Strength, 7-Wire Strand .............................
$265/ea
High Strength Bolt, Nut, & Washer Tests:
(A325/A490) Tensile Test on Bolts ....................................
$133/ea
(A563) Proof Load Test on Nuts ........................................
$133/ea
(A325/A490) Hardness Test on Bolts ...................................
$80/ea
(A536) Hardness Test on Nuts ..............................................
$80/ea
(F436) Hardness Test on Washers ........................................
$80/ea
Weld Specimen Tests:
(E164) Ultrasonic Examination ..............................
Quote
Machining & Prep of Test Specimen ............................
Cost + 20%
(E381) Macrotech Test (3 Faces)............................................$376
ASPHALT TESTING
Asphalt Properties:
(D2726/CT308/T166) Bulk Spec. Gray. Compacted HMA $133/ea
(131560/CT366) Stabilometer Value (HVEEM) ................
$265/ea
(D2041) Theoretical Max Specific Gravity ........................
$212/ea
(D5444) Sieve Analysis of Extracted Asphalt ....................
$265/ea
(D6307/CT382) Percent Asphalt, Ignition Method .............
$212/ea
(D1188) Unit Weight of Asphalt Core ..................................
117/ea
MISCELLANEOUS TESTING SERVICES
Calibration of Hydraulic Ram:
100 Ton & Under................................................................
$318/ea
101 Tons — 200 Tons.............................................................
424/ea
Use of Universal Testing Machine:
UTM with One Operator.....................................................$477/ea
Additional Technician ....................................... Regular Tech
Rate
SpraYApplied Fireproofing:
(E605/E736) Fireproofing Oven Dry Density/Thickness ...$159/ea
(C1314) 12"x12"xl6"-12"xl6"xl6"......................
(C 1314) Larger than 12"x16"x16..............................
Brick Test (Set of 5 Specimens):
(C67) 24-Hour Absorption, Cold Water ....................
(C67) 5-Hour Absorption, Boiling Water ..................
(C67) Compression Test or Modulus of Rupture .....
(C67) Each Additional Specimen .............................
CONCRETE"
Mix Designs:
.............265/ea
............. Quote
..........$265/set
.......... $265/set
..........$318/set
........... $106/ea
(ACI211/ACI214) Concrete Mix Design.............................$477/ea
(ACI211/ACI214) Review of Concrete Mix Design ............$477/ea
(C192) Concrete Trial Mix (includes equipment & labor) ..$689/ea
Concrete Properties:
(C39/CT521/T22) Comp. Strength, Concrete Cyl..................$32/ea
(C42/CT521/T22) Comp. Strength, Concrete/Gunite Core ....$64/ea
(C78/CT523) Flex. Strength of 6"x6"x21" Concrete Beam ..133/ea
(C174) Length Measuring of Drilled Cores.........................$106/ea
(C1140) Shotcrete Panel -Coring & Testing (Set of 3)......... $371/set
(C1140) Shotcrete Panel (each addtl. specimen)..................$133/ea
(C496) Static Modulus of Elasticity .....................................$265/ea
(C496) Drying Shrinkage (Set of 3, up to 28 days).............$689/set
(C642) Spec. Gravity, Absorp., Voids in Hardened Concrete101/ea
(171869) Vapor Emission Rate, Concrete Subtloor...................80/ea
*2X Surcharge on rush turn -around for laboratory testing.
**Fee applies for sample storage, testing, or disposal.
VIBRATION MONITORING SERVICES
Initial Set -Up & Baseline Readings (Each)..............$3,180 Monitoring (Monthly)........................................................ $6,360
Installation (Two Stations).....................................$3,710 Monitoring (Weekly).......................................................... $2,120
Installation (Each Additional Station).......................$2,120 Monitoring (Daily)................................................................ $530
Meetings, Additional Reporting(Hourly)....................$170 Emergency Site Visit .............................................................. $678
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 will 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.
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.
City must provide prior written approval for all equipment, materials, and outside services prior to being incurred.
-3-
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.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City of Newport Beach,
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 excess/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 two million
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
Geocon West, Inc. Page C-1
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.
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
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 two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) 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.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract,
then said policies shall be "following form" of the underlying policy
coverage, terms, conditions, and provisions and shall meet all of the
insurance requirements stated in this contract, including, but not limited
to, the additional insured and primary & non-contributory insurance
requirements stated herein. No insurance policies maintained by the
City, whether primary or excess, and which also apply to a loss covered
hereunder, shall be called upon to contribute to a loss until the
Consultant's primary and excess/umbrella liability policies are
exhausted.
Consultant shall submit to City, along with a certificate of insurance,
additional coverage as stated in Section 4. Other Insurance
Requirements.
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 of Newport Beach, its City Council, boards and
commissions, officers, agents, volunteers, employees or shall
specifically allow Consultant or others providing insurance evidence in
Geocon West, Inc. Page C-2
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/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide
that City of Newport Beach, its City Council, boards and commissions,
officers, agents, volunteers, 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.
E. Subconsultants. Consultant shall require and verify that all
subconsultants maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subconsultants. For CGL coverage
subconsultants shall provide coverage with a format at least as broad
as CG 20 38 04 13. Limits of liability for General Liability and
Professional Liability (Errors & Omissions) in an amount not less than
one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000)
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 fifteen (15) days prior to the
expiration of any such policy, evidence of insurance showing that such
Geocon West, Inc. Page C-3
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 subconsultants 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 subconsultants maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subconsultants. For CGL coverage,
subconsultants 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.
Geocon West, Inc. Page C-4
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.
Geocon West, Inc. Page C-5
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