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HomeMy WebLinkAbout10 - Geotechnical ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, P.E. 949 - 644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: ON CALL GEOTECHNICAL SERVICES APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS RECOMMENDATIONS: 1. Approve Professional Services Agreements with GMU Geotechnical, Inc. for on -call geotechnical services and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve Amendment No. 2 to Professional Services Agreement with Harrington Geotechnical for on -call geotechnical material and compliance testing services and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On -Call Professional Services Agreements (PSAs) were developed to avoid a large volume of small but time- consuming agreements between the City and consultants to accomplish on -going project tasks for implementation of the Capital Improvement Program (CIP). The On -Call PSA is identical to the standardized PSA used by the City with the exception of Section 2 (Services to be Provided) and Section 4 (Compensation to the Consultant). These sections have been modified to allow the consultant to provide services for multiple projects at fees that are set for a two year period of time. In accordance with Council Policy F -14, staff requested statements of qualifications from local firms. Based on the qualifications received, staff is recommending approval of a Professional Services Agreement with GMU Geotechnical, Inc. to provide on call geotechnical services which include performing studies, analysis, and design as required for various City projects. GMU Geotechnical, Inc. has performed geotechnical services including design and analysis and has shown a high quality of work when interacting with several public agencies. The firm recently completed well - performed geotechnical services for streets and city-owned developments for the Cities of Laguna Niguel and Dana Point. GMU Geotechnical will replace Leighton Engineering as our Geotechnical Services - Approval Of Professional Services Agreement June 9, 2009 Page 2 on call geotechnical engineer. However, Leighton will continue to focus their services on existing contracts for geotechnical work on City Hall and Marina Park. We are also recommending a continuation of the current agreement with Harrington Geotechnical Engineering which expires on June 30, 2009. City Council originally approved a Professional Services Agreement with Harrington Geotechnical Engineering on June 28, 2005 and extended that agreement on May 8, 2007 to provide as needed on -call material testing and compliance services for many of our Capital Improvement Program (CIP) projects. This firm has provided exceptional high quality service on numerous projects and has maintained lower rates as their focus is in material testing and compliance. The proposed On -Call PSAs for both companies would be effective for a two year period through September 30, 2011. Rates included in the agreements are competitive and in line with industry standards. Please see the attached Rate Comparison Table. Funding Availability: Funds for these services are available in specific project accounts within the City Council approved Capital Improvement Program. Environmental Review: Environmental clearances will be completed for each Capital Improvement Project. Prepared by: Submitted by: Stephen Luy, P.E. St e . Badum Associate Civil Engineer ublicd orks Director Attachment: Agreement with GMU Geotechnical, Inc. Amendment No. 2 with Harrington Geotechnical Engineering Rate Comparison Table RATE COMPARISON TABLE HARRINGTON GEOTECHNICAL ENGINEERING, INC. Position 2007 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Principal Engineer /Geologist $85 $100 $15 Senior Engineer /Geologist $85 $100 $15 Supervisor $75 $90 $15 Geotechnical Aide $65 $74 $9 Senior Technician $55 $85 $30 Special Inspector (Grading) $80 $87 $7 Special Inspector (Building Construction) $65 $85 $20 Draftsperson $60 $65 $5 Clerical Personnel $36 $40 $4 Amount Expended 6/2007 - 6/2009 Balboa Village Alley Replacement $ 7,221.00 Birch Street Rehabilitation $ 4,354.00 Cliff Drive Park Stairway & Handrail $ 3,000.00 Corona del Mar Street Rehab $ 18,468.00 Dover Drive Sidewalk Improvements $ 6,888.00 East Bay Ave. & A Street Rehab $ 4,861.00 Eastbluff Dr. Street Rehab $ 15,420.00 Fire Station Training Facility $ 17,850.00 Little Corona Restroom $ 1,631.50 Mariners Park Improvements $ 7,000.00 McFadden Square Centennial Monument $ 1,309.00 Newport Coast Drive & Pelican Hill Rd. $ 15,000.00 Newport Coast Retaining Wall $ 1,756.00 Newport Theatre Arts Center Lobby Add. $ 20,000.00 Sidewalk, Curb & Gutter Replacement FY 07 -08 $ 5,200.00 Superior Ave Street Rehab $ 15,000.00 Superior Ave. Median Improvements $ 6,500.00 Via Lido Crib Wall Replacement $ 11,500.00 West Ocean Front Alley Water Main $ 10,000 Total $ 186,858.50 GMU GEOTECHNICAL, INC. Position 2007 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Principal Engineer /Geologist N/A $200 N/A Senior Engineer /Geologist N/A $180 N/A Associate Engineer /Geologist N/A $160 N/A Project Engineer /Geologist N/A $145 N/A Staff Engineer /Geologist N/A $130 N/A Engineering Technician I N/A $100 N/A Engineering Seismological Technician N/A $135 N/A Seismic Refraction Studies N/A $400 N/A Special Registered Inspector N/A $90 N/A ` On -Call Agreement with Leighton Consultants, Inc. will expire in June 30, 2009, and will not be renewed. AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON -CALL GEOTECHNICAL SERVICES THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California Corporation whose address is 1590 North Brian Street, Orange, California, 92867 ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On September 12, 2005, CITY and CONSULTANT entered into an On -Cail Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for geotechnical services to assist the City in executing its Capital Improvement Program. B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, dated May 8, 2007. C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or AMENDMENT NO. ONE and to extend the term to September 30, 2011. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Consultant shall be compensated for various services, performed pursuant to AMENDMENT NO. TWO and according to AMENDMENT NO. ONE dated May 8, 2007, attached hereto respectively as Exhibit A. 2. Consultant's compensation for services performed as identified in the Letter Proposal, including all reimbursable items and subconsultant fees, shall not exceed $50,000 for each project. 3. Compensation to the Consultant for services performed pursuant to this AMENDMENT NO. TWO for all worked performed from July 1, 2009 to September 30, 2011, including all reimbursable items and subconsultant fees, shall be based on the Schedule of Billing Rates, attached hereto as Exhibit B. 4. The term of the AGREEMENT shall be extended to September 30, 2011. 5. Except as expressly modified herein, all other provisions, terms and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: By: ynet e u hamp Edward D. Selich Assistant City orney Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: HARRINGTON GEOTECHNICAL ENGINEERING, INC.: By: By: Leilani Brown, Don P. Harrington, Jr., City Clerk Vice President for the City of Newport Beach Edith Harrington, Secretary and Treasurer Attachments: Exhibit A - Amendment No. One Exhibit B - Schedule of Billing Rates � c AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRINGTON GEOTECHNICAL ENGINEERING, INC. FOR ON -CALL GEOTECHINCAL SERVICES THIS AMEN_,DVENT NO. 1 O PROFESSIONAL SERVICES AGREEMENT, entered into this day of 2007, by and between the CITY OF NEWPORT BEACH, a municipal orporation, (hereinafter referred to as "City ") and HARRINGTON GEOTECHNICAL ENGINEERING, INC. a California corporation whose address is 1590 North Brian Street, Orange CA 92687 ( "Consultant'), and is made with reference to the following: RECITALS A. On September 12`h, 2005, CITY and CONSULTANT entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement", for Geotechnical Services to assist the City in executing its Capital Improvement Program. This Agreement is scheduled to expire on June 30th, 2007. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 301h, 2009. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall perform various geotechnical services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated April 19, 2007, attached hereto as Exhibit A. 2. Compenstaiton to the Consultant for for services .performed pursuant to this Amendment No. 1 for all work performed from July 1, 2007 to June 30, 2009, including all reimburseable items and subconsultant fees, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By V6t n IJ)riVZZ4� LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation ayor for the City of Nevhkoj Beach HARRINGTON GEOTECHNICAL ENGINEERING. INC.: P. HarriNton, Jr.; Title: Vice President Print Name: (FinancialOffcer) Title: ,/ Print Name:,E� /Tt� %�i r0%01Y Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f: \users\pbw\shared\agreements\fy 07 -081on -call services \Harrington Amendment.doc �lieoh� �e,h�n�nic�l April 19, 2007 Mr. Michael J. Sinacori, P.E. CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Re: Request to Extend On— Call Services Contract Dear Mr. Sinacori: EXHIBIT A PROPOSAL DUE April 20, 2007 Harrington Geotechnical Engineering Inc., appreciated your kind compliments and the opportunity to be of continual service to the City. Certifications for technicians likely to participate on City projects are enclosed. As always, we would like a minimum of 24 hour advance notice to dispatch our personnel. However, as in the past we will respond with less notice if at all possible. We have enclosed the resume of Joseph Welch, P.E., R.G.E., R.E.A., who will provide assistance on any technical issues that may arise on City projects. A revised fee schedule that will be in effect for July 1, 2007 through June 30, 2009 is enclosed. These new rates include CPI increases and anticipated increases determined by the director of industrial relations. Again, we appreciate being able to provide our services to the City and look forward to being of continued service. If you have any questions, please do not hesitate to call. Very truly yours, HARRINGTON GEOTECHNICAL ENGINEERING, INC. Don P. rrington, Jr EA Vice President DPH: mvp Enclosures Taft/Main Corporate Center, 1590 North Brian Street, Orange, CA 92867 (714) 637 -3093 • (800) 924 -7645 • FAX (714) 637 -3096 Personnel Principal Engineer /Geologist ................. .................... ...... ............. ......... ....... $ 95 Per Hour Senior Engineer /Geologist ....... ......................... ............ ................... ............ .... $ 95 Per Hour Supervisor...... ........................................................ ....................... $ 75 Per Hour Geotechnical Aide ......... ............ .... i ........................................ ...... $ 65 Per Hour Senior Technician (Soil, Concrete, Asphalt Concrete) .......... ......... ...................... ......... : ...... $ 55 Per Hour Technician (Soil, Concrete, Asphalt Concrete) .............. ................ .............. .............. $ 52 Per Hour Special Inspector (Grading) .......................... .............. _ ........... ............ .............. $ 90 Per Hour Special Inspector (Building Construction) ........................................................................ $ 65 Per Hour Draftsperson.......................... ............... _ ................... ............................... $ 60 Per Hour ClericalPersonnel ..................... ..................... .............................................. $ 36 Per Hour Field Vehicles/Equipment Field Vehicle .............. .............. ....... ............ ......................... . .. $ 6 Per Hour NuclearGauge ................................ ........ ....... __ .................... ............... $ 6 Per Hour Prevailing Wage Projects Senior Technician (Soil, Asphalt Concrete) /Special Inspector (Building Construction) - Site Time ................ I ................ 80 Per Hour'•' , Travel Time .... .......... L .............. 67 Per Hou 2.3 Notes: This rate is subject to change in accordance with prevailing wage rates set by the Director of Industrial Relations. Arty 1. 2008 theuJune 30, 2009. Site Time 382.00, Travel lime $68.00 Nuclear Gauge and/or Field Vehicle charge included: Travel time does not apply to Special Inspector. Preparation of Certified Payroll Report ........................................ ........................... 100 each Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and Court Appearances Principal EngineerlGeologiv ....................................... ................................ ......... $300 Per Hour Senior Engineer/Geologist .............................. .............................. ............... ... $275 Per Hour (3I,200.00 Minimum Professional Fee Per Case) Basis of Charges Travel time will be added to job site time to determine total charges. overtime will be billed at 1.5 times the appropriate hourly rate for time in excess of eight hours per day and for work performed an Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times the appropriate hourly rates. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 hours or extending past noon. A minimum of four (4) hours will be charged for any field services and a minimum fee of $400 will apply to any project. A minimum of two (2) hours, including travel time, will be charged for each site visit. Prevailing Wage Projects Daily straight time rates will apply to first 8 hours worked Monday-Friday. Overtime rates will apply as follows: PIL - I.Sx straight time rate for first. 4 overtime hours, 2.Ox straight time rate for overtime hours in excess of 4 hours; Saturday - 1.5x straight time rate for first 12 hours, 2.Ox straight time rate for overtime in excess of t2 hours; Sunday /Holiday - 2.Ox or 3.Ox straight time rate, depending on holiday. Geotechnical Laboratory Charges Maximum Density-Optimum Moisture Test - ASTM D1557 ......................................................................................... $ 85 Each - California Method 216 .......................... ................. ................................... $ 100Each - I -Point Verification (ASTM D1557) ................................ .... .. ....... . ................... $ 55 Each Moisture Content Test ......................................................... ................................ $ 15 Each Moisture & Density Test ............ ............ ................................... .......................... $ 17 Each Sieve or Hydrometer Analysis ... ........................................................................... .... $ 63 Each Sieve & Hydrometer Analysis Combined ........ ........................ ........................... ......... $ 115 Each (over) LM eo=- Ilcft-* Ire. Personnel Principal BrigincedGeologist . ................................ -- ........................................... $ 100 Per Hour Senior Engineer/Geologist . ................ ........................... ................................... $ 100 Per Hour Supervisor.............................. ............................. .................................. $ 90 Per Hour Gemechnical Aide .................................... I ........................... I......................... $ 74 Per Hour Senior Technician (Sail, Concrete, Asphalt Concrete) Site Time ..................................................... S 85 Per Hour TravelTime ............................................................. ................................ $ 70 Per Hour Special Inspector (Grading) ........................................ ........... ....... ..................... $ 97 Per Hour Special Inspector (Building Construction) Site Time ................................ ............................... $ 85 Per Hour Draftsperson .......................................................... ................................... $ 65 Per Hour Clerical Personnel ...................................... ............................................... — $ 40 Per Hour Preparation of Certified Payroll Report ............................................................................ $100 each Consulting on Legal Matters - Deposition Testimony, Expert Witness Testimony, Preparation for Trial and Court Appearances Principal Engineer/ Geologist ............ ...................................................................... $350 Per Hour Senior Engineer / Geologist ......... ...... .................................................................. $300 Per Hour ($1,500.00 Minimum Professional Fee Per Case) Basis of Charges Travel time will be added to job site time to determine total charges. Overtime will be billed at 1.5 times the appropriate hourly rate for time in excess of eight hours per day and for work performed on Saturdays. Charges for work performed on Sundays and/or holidays will be billed at two times; the appropriate hourly rates. Minimum charges for Special Inspector (building construction) will, per industry standard, be determined as follows: 4 hours for inspections performed before noon or beginning after noon, 8 hours for inspections performed in excess of 4 hours or extending put ncon. A minimum of four (4) ham will be charged for any field services and a minimum fee of $400 will apply to any project, A minimum of two (2) hours, including travel time, will be charged for each site visit Daily straight time rates will apply to firr: 8 hours worked Monday - Friday. Overtime taws will apply as follows: Dally -1.5x straight time ram for first 4 overtime hours, 2.0x straight time rate for overtime hours in excess of 4 hours, Saturday - t.5x straight time rate for first 12 hours, 2.Ox straight time rate for overtime in excess of 12 hours, Sunday/Holiday - 2.0x. or 3.Ox straight time rate, depending an holiday. Geotechnical Laboratory Charges Maximum Density-Optimum Moisture Test - ASTM D1557 ...................................................... .............. ............. $ 90 Each - California Method 216 ..................................... I ............ ......... .................... S I I GEach -I -Point Verification (ASTM D1557) ................................................ ..................... $ 60 Each Moisture Content Test .... .......................................................... .... — ................. $ 16 Each Moisture & Density Test .......................... ............................... ............... .... S IS Each Sieve or Hydrometer Analysis ................. -- ............................................................... $ 70 Each Sieve & Hydrometer Analysis Combined ............................................................................ $ 120 Each Sand Equivalent Test ....... ........................................... .............. ...................... S 40 Each Collapse Potential Test. .. . ................ ........................... ......................... ......... _... $ 100 Each Consolidation Test - With Time Rate ........................................................... ................... $ 120 Each' - Without Time Rate ......... : ......................................... ................ S 110 Each Direct Shear Test -Fast ............. — ........................................................................ $ 125 Each' 'Add J60 Fahiiawiox Cliargefor Tests on Raarolded Specimens. Afterberg Limits (LL &PL Only) ... --- ... .......... ........................... ........................ $ 140 Each Expansion Index Test ............................. — ............. ..................... ........ ....... S 95 Each Hvecrn Stabilumeter (R-value) Test - (Soil) ....... ............ ......................................... ........... $ 270 Each Hvextrn Stabilometer (11-value) Test - (Aggregate Base) (Cal 301 or AS1M 2844) ............................... ......... . - - - $ 225 Each Water-Soluble Sulfate Test ......... .................................... ............................. S S5 Each (over) TaftUain Corporate Center, 1590 Worth Brien Street, Orange, CA 92867 (714) 637-3093 (800) 924-7645 FAX (714) 637-3096 I. - Concrete Coring 2" to S" diameter up to 6" thick .................................................. ............................... S 75 Per Core Additionalthickness ..................... ............................... I .... ......................... S 15 perinch Mobilization- Denrobilization Charge (Portal -to- Portal) ............................... ............................... $ 140 Per Hour Concrete Laboratory Charges Compression Test Concrete Cylinders (ASTM C39) ........................................... ............................... S 20 Each ' Mortar Cylinders (ASTM C39) ............................................ ............................... $ 20 Each' Grout Prisms (Uniform Building Code Standard 24 -28) ......................... ............................... S 20 Each SamplePick -Up ................................ ............................... . .................... I .......... $ Quotation - Includes Molds & Repor7 ajResultr Asphalt Concrete Laboratory Charges Maximum Density Determination (Cal 304m 2 pt, Average) ............................... ............................... $ 175 Each Stability Value (Cal 366) .......................................................... ............................... $ 120 Each ExtmctionlGradation .............................................................. ............................... $175 Each Miscellaneous Charges The charge for any tests not indicated above will be billed at cost plus 15 percent. Laboratory technician time will be billed at the rate of $65 per hour Fax Transmission ($5.00 minimum) ............................................. ............................... $ 1.50 Per Page Effective Date 2z% This Fee Schedule will remain in effect throughout the period July 1, 2409 through 3rw , 30,2049 -- EKpenses Job - related expenses (per diem, long distance telephone calls, permits, outside printing services, special tests, etc.) will be billed at cost plus 15 percent. Report reproduction (in- house) will be billed at cost. 'Perms of Payment Monthly invoices will be issued for work in progress and a final invoice will be issued upon completion of services. Payment is due upon presentation of invoice and, if not contested within fourteen (14) calendar days, is past due thirty (30) days from date of invoice. Past due accounts maybe subject to a carrying charge of 18 percent per annum (or the maximum rate allowed by law) until paid in full. Attorney fees or other collection costs incurred in connection with a past due account will be charged to the client. ( ^-• WAR rnva an ',13 aQ -d PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. FOR ON -CALL GEOTECHNICAL CONSULTING SERVICES THIS AGREEMENT is made and entered into as of this day of 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and GMU GEOTECHNICAL, INC., a California corporation whose address is 23241 Arroyo Vista, Rancho Santa Margarita, California, 92688 ( "Consultant'), 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 has a need for on -call assistance for geotechnical consulting services. C. City desires to engage Consultant to perform on -call geotechnical services throughout the City on an as need basis ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be GREGORY P. SILVER. F. 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 above written date, and shall terminate on the 30th day of September, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall provide "On -Call" geotechnical services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, 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: A. A detailed description of the services to be provided; B. The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the services; and D. The time needed to finish the specific project. 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 Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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. 2 No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Any Letter Proposal that sets forth fees in excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a separate Professional Service Agreement approved by per Council Policy F -14. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and /or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal 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) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C.. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work 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 Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER 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 1 3 times during the Agreement term. Consultant has designated Gregory Silver to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Dave Webb shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. 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. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. N 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are 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, or 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 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or the acts or omissions of its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 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 attorney's 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 5 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. 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 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 and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. 6 B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability_ If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. VA 4. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 1. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 2. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own O judgment may be necessary, for its proper protection and prosecution of the work. 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 cotenancy, 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 parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. 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. I 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant. shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and 10 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 to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records 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 under this Agreement. 23. WITHHOLDINGS City may withhold payment 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 his 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. 24. 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 paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for 11 any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Dave Webb Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Gregory Silver GMU Geotechnical, Inc. 23241 Arroyo Vista Rancho Santa Margarita, CA 92688 Phone: 949 - 888 -6513 Fax: 949- 888 -1380 28. TERMINATION 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 and other information 12 developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. 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, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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 13 reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 36. 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. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry„sex or age. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: yne e . B au hamp Assistant City orney for the City of Newport Beach ATTEST: El Leilani Brown, City Clerk For the City of Newport Beach CITY OF NEWPORT BEACH A Municipal Corporation :a Edward D. Selich, Mayor for the City of Newport Beach GMU GEOTECHNICAL, INC.: Gary K. Urban, President By: Gregory P. Silver, Vice President Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates 14 G W� y � y�a: �� V „� 'a 9. 6'� °r+y xr !W �.���V 0 GEOTECHNICAL, INC. March 30, 2009 23241 Arroyo Vista Rancho Santa Margarita CA 92688 voice: 949.888.65 13 fax: 949.888.1380 web: www.gmugeo.com Mr. Fong Tse CITY OF NEWPORT BEACH Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 GMU Proposal No. P -0940 Subject: STATEMENT OF QUALIFICATIONS — City Geotechnical Consulting Services, City of Newport Beach, California Dear Mr. Tse: We are pleased to present this Statement of Qualifications' for Geotechnical Consulting Services for the City of Newport Beach. GMU Geotechnical, Inc. (GMU) is a small business enterprise (SBE) with over 40 years of experience in Orange County. GMU has significant public works experience and acts as the City Geotechnical Consultant for the Cities of Laguna Niguel, Dana Point, and Chino Hills. In addition, GMU has had extensive project experience in the City of Newport Beach. In addition to our SOQ, we have enclosed our company brochure. GMU welcomes the opportunity to meet with you and further discuss our firm's qualifications. Respectfully submitted, GMU GEOTEaHNICAL, INC. Gregory Sil t, t41.Sc., PE, GE Vice Preside Principal Engt er SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES mcw GMU GEOTECHNICAL, INC. STATEMENT OF QUALIFICATIONS - CITY GEOTECHNICAL CONSULTING SERVICES FOR THE CITY OF NEWPORT BEACH, CALIFORNIA COMPANY OVERVIEW GMU Geotechnical, Inc. (GMU), a state certified Small Business Enterprise (SBE) was established as a privately -owned company in 1968 to provide high - quality, cost - effective geotechnical engineering services to a select group of public and private sector clients. We take pride in our successful history of providing practical solutions to complex problems. GMU Geotechnical is operated out of an 8,500- square -foot commercial building located in Rancho Santa Margarita, Orange County, California. Our office is well equipped with state -of- the -art computers, software for geotechnical analyses, an oversized plotter to generate plans, and other tools to ensure efficiency and accuracy of our work. We operate a complete soil and rock mechanics laboratory that is continually updated and calibrated to meet the most current specifications. Our laboratory is approved by the California Department of Transportation (Caltrans) and other public agencies. Our staff consists of highly qualified registered professionals and engineering technicians with experience in all phases of geotechnical engineering and engineering geology. GMU employs four Professional and Geotechnical Engineers and three Certified Engineering Geologists, all of whom are licensed by the State of California. We are confident of the skills and capabilities our staff offers, and we are committed to providing our clients with high - quality, cost- effective services. This is exemplified by both the number and variety of projects we have successfully completed and the long -term relationships we have developed with our clients. Our projects include public works and private sector developments, and have varied . in size from single- family residences to high -rise structures, water treatment plants, reservoirs, dams, transportation- related projects, bridges, public infrastructure, landslide mitigation, and large hillside developments. SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES M1 ! MISSION STATEMENT Building on a Heritage of Competence and Character, GMU is Committed to... • Providing accurate and innovative geotechnical services tailored to the unique needs of our clients in a cost - effective and timely manner. • Maintaining integrity at every level of the organization and exhibiting personalized concern for the objectives of our clients. • The professional development and welfare of our staff. KEY PROFESSIONAL STAFF FOR CITY SERVICES GMU's key professional staff with regards to providing geotechnical services to the City of Newport Beach, are described below: Mr. Greg Silver, M.Se., PE, GE — Greg currently is Vice President and Principal Engineer for GMU. Greg has over 20 years of experience providing geotechnical services to numerous governing agencies, including geotechnical review services. Locally, Greg was the lead geotechnical engineer on the recently completed Banning Ranch Development Study. Mr. Mike Moscrop, M.Sc., PE, GE — Mike is a Principal at GMU and has had extensive project experience in Newport Beach. He has performed numerous harbor- and dredging - related studies, performed geotechnical design for wharf structures, and has performed third -party reviews of geotechnical reports for the City of Newport Beach. Ms. Lisa Bates - Seabold, PG, CEG — Lisa currently serves as the lead professional for geotechnical services to the Cities of Chino Hills, Laguna Niguel, and Dana Point. She has extensive experience in a variety of geotechnical projects for governing agencies and private parties, Mr. David Atkinson — Dave is a Senior Project manager at GMU. He has extensive experience in Newport Beach including numerous projects in Newport Center, including the Newport Beach Central Library, as well as Hoag Hospital. Dave also heads our pavement engineering services division which provides pavement design and consulting for new roads as well as pavement rehabilitation projects. Mr. Alan 'Bob" Mutchnick, PG, CEG — Bob serves as GMU's Director of Engineering Seismological Services, handling all of our applied geophyics, blasting, and construction vibration and monitoring. Bob has overseen numerous projects in Newport Beach where GMU has provided construction movement and vibration monitoring. SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES GMU Mr. Ron Leiman, M.Sc., PE, GE — Ron is GMU's most experienced geotechnical and geo- structural engineer. Throughout his 40 -year career, Ron has performed designs for virtually every type of structure in Orange County, including over 30 bridges. Mr. Aron Taylor, M.Sc., PG, CEG — Aron serves as GMU's lead geologist for construction in the field as well as our seismic geologist. Aron routinely performs ground motion studies for all types of structures. Mr. Dan Stoica, PE — In addition, to geotechnical engineering, Dan performs the design of Mechanically Stabilized Earth (MSE) walls for GMU. Mr. Rob Howell — Rob has over 15 years of experience as an Engineering Technician, project coordinator, and technician supervisor on a variety of projects, including commercial /industrial, residential, and public works for both governing agencies and private parties. In addition to the professionally licensed staff, GMU also employs two geotechnical laboratory technicians and six highly experienced engineering technicians who have an average of 12 years Of experience and have worked on a wide variety of projects throughout Southern California. GEOTECHNICAL SERVICES FOR GOVERNING AGENCIES GMU currently provides geotechnical services for a number of governing agencies, including geotechnical review services for the Cities of Chino Hills and Laguna Niguel. Duties include geotechnical review of entitlement, engineering, and building projects for permitting purposes, as well as communication with City staff on a regular basis. Our professional staff communicates via telephone, email, fax, and in- person with permit applicants and geotechnical consultants when appropriate. In addition, GMU provides additional services to the Cities of Chino Hills, Laguna Niguel, and Dana Point on an as- needed basis. These services range from emergency landslide cleanup and repair to geotechnical design for public works projects. Other notable items in regards to GMU's service to municipalities include: • GMU staff has over 20 years experience providing geotechnical services to ten different municipalities; • GMU staff has extensive experience interacting with City staff for a variety of services, particularly permitting and review services; • GMU staff has developed geotechnical review guidelines as well as several Code supplements for adoption by several Cities; • GMU has developed innovative billing and cost - tracking techniques for streamlining the review process; i SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES • GMU staff, through their involvement with CalGeo (formerly CGEA), was involved in developing a technical Code comparison between the 2001 California Building Code and the recently adopted 2007 California Building Code; • GMU staff has made formal presentations at meetings with City staff, City Councils, and Planning Commissions; • GMU staff has provided emergency landslide response and coordinated with FEMA and OES for funding and repair of failures on municipal property; • GMU has provided legal representation to several municipalities in regards to slope problems or inverse condemnation issues; • GMU staff has designed numerous MSE walls, has published papers on the subject, and has extensive experience in evaluation of MSE wall failures; • GMU staff has extensive experience in the geotechnical investigation, design, and observation of large grading projects; • GMU regularly performs pavement design and analyses for roadways and parking areas. CITY GEOTPCHNICAL EXPERIENCE GMU's professional staff provides consulting services for the Cities of Chino Hills, Laguna Niguel, and Dana Point, as summarized below: Chino Hills — o Review services for entitlement and engineering • Communication with permit applicants • Consulting for Public Works projects • Consulting for Parks and Recreation projects o Geotechnical services for streets and City -owned developments • Slope evaluation and geotechnical repair services • Emergency services, including slope failures and landslides Laguna Niguel — o Review services for entitlement, engineering, and building • Communication with permit applicants • Consulting for Public Works projects • Consulting for Parks and Recreation projects • Geotechnical services for streets and City -owned developments • Geotechnical services for construction of City offices • Slope evaluation . and geotechnical repair services • Emergency services, including slope failures and landslides SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES 10CW • Dana Point — o Consulting for Public Works projects o Geotechnical services for streets and City -owned developments o Consulting for Parks and Recreation projects o Slope evaluation and geotechnical repair services o Emergency services, including slope failures and landslides o Geologic observation and consulting for ocean bluff failures and debris falls GMU's Vice President and Principal Engineer, Mr. Greg Silver, has extensive experience since 1989 working for numerous Cities serving in the capacity as the City's Geotechnical Engineer. A sampling of these Cities is listed below: • Malibu • Moorpark • Rancho Palos Verdes • Vista • Agoura Hills • Palos Verdes Estates • Hidden Hills Mr. Silver's experience within these municipalities includes review work, policy establishment, geotechnical design for City projects, landslide disaster response, coordination with FEMA and other state and federal agencies, legal /forensic representation, as well as presentations to City Council, Planning Commission, and other City appointed groups. COUNTY OF ORANGE GEOTECHNICAL EXPERIENCE GMU routinely performs geotechnical consulting services to the County of Orange on a wide variety of projects. Currently GMU is ranked No. 2 on a list of over 30 geotechnical firms eligible to perform work for the County. Select on -going projects are listed below. • Trabuco Creek Levee Improvement Project • Laguna Canyon Road— Segment 4 Widening • Lincoln Avenue Widening • La Pata Gap Closure Project • Ortega Highway Widening at La Pata F: SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES] REFERENCES GMU takes pride in developing relationships with our clients. In that regard, we recommend the following contacts be considered for references: Mr. Robert P. Lenard, Director of Community Development City of Laguna Niguel 2778I La Paz Road Laguna Niguel, CA 92677 (949) 362 -4360 Mr. Winston Ward, Assistant Community Development Director Building Services, City of Chino Hills 14000 City Center Drive Chino Hills, CA 91709 (909) 364 -2781 Mr. Matthew Sinacori, City Engineer City of Dana Point 33282 Golden Lantern Dana Point, CA 92629 (949) 248 -3574 Mr. Harry Persaud, Chief — Transportation Planning 300 N. Flower Street Santa Ana, CA 92702 -4048 (714) 834 -5282 Mr. Mike Costello, County Materials Engineer County of Orange 1152 E. Fruit Street Santa Ana, CA 92701 (714) 567 -7843 Additional references are available upon request. SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES 15CM SELECT LOCAL GMU PROJECT EXPERIENCE In addition to the variety of geotechnical services we provide to several governing agencies in southern California, GMU also works with land planners, water districts, municipal public works agencies, and design engineers during the engineering design and specification writing process in order to provide critical geotechnical engineering, geologic, structural, and seismic design parameters for a variety of projects. GMU has provided services for a number of projects in the City of Newport Beach. Details are provided below for several representative projects within and /or adjacent the City of Newport Beach. Fault Studies Banning Ranch — GMU performed a comprehensive geotechnical investigation for the proposed Banning Ranch Development. The investigation included a major study of the North branch of the Newport Inglewood fault zone. Large Hillside Developments Crvstal Cove Development — GMU was the lead geotechnical engineer for a majority of the Crystal Cove Development. The project involved research, design, and monitoring of extremely deep fills and high slopes. Newport Coast — GMU performed geotechnical investigations and construction observations for various developments throughout Newport Coast, Large/High Rise Commercial Structures Newport Center - GMU has performed geotechnical investigations for several commercial structures in Newport Center including the 680 Newport Center Drive office and parking structure. We are currently working on projects at 500 and 600 Newport Center Drive. Hoag, Hospital — GMU staff participated in the geotechnical design and construction of the Hoag Hospital Cancer Center and Emergency Room Buildings. • MacArthur Court Office Comdex and Koll Center Newport Office Complex - GMU staff has performed geotechnicat investigations and geotechnical construction observations for both of these major office complexes. SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES &CW Harbor Studies • Lido Shipyard Improvements — Investigated, designed, and provided observation and testing services for the foundation pad for a large boat lift crane and adjacent pavement and appurtenances. • Various Sea Wall Distress Evaluations — Evaluated numerous distressed and failing sea walls on both Lido and Balboa Islands, and adjacent waterfront areas. Prepared repair recommendations and performed observation and testing services during repairs. • Dredging Sediment Study — Performed dredging study of Dana Point Harbor for the County of Orange involving side scanning sonar along with near shore sediment sampling. Landslides /Slope Repairs • Buck Gully Landslide — Monitored landslide movement and performed repairs to prevent damage to adjacent homes and property in the headscarp area of the slide. • Various Big Canyon Slope Repairs — GMU has been retained on numerous occasions to investigate slope failures at the Big Canyon Country Club. The work also included developing design recommendations and overseeing the repair. Construction Vibration Monitoring • Various single - family residential construction projects on Lido and Balboa islands, and the Peninsula. Apartments and Hotels • Newport Beach Country Club Renovations — GMU is currently involved in the design of renovations to the Newport Country Club from a geotechnical perspective. • Fashion Island Hotel and Apartments — GMU staff has been involved in the geotechnical engineering, design, and construction of the Fashion Island Renaissance Major Mall and Parking Structures Expansion and the Four Season hotel (now the Island Hotel), The Colony Apartments, and Park Newport Apartments. Roadways • Vista Ridge Road — GMU performed all of the design and construction observations for Vista Ridge Road in Newport Coast. 8 SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES cJ • Newport Coast Drive — Seismic refraction studies were performed for Newport Coast Drive during the initial planning phases. • MacArthur Boulevard and Bison Road — GMU performed construction observation and testing services for the widening of MacArthur Boulevard and Bison Road. GENERAL, TECHNICAL CAPABILITIES AND GEOTECHNICAL SERVICES GEOTECHNICAL ENGINEERING AND ENGINEERING GEOLOGY • CITY GEOTECHNICAL SERVICES GMU currently serves as City Geotechnical Engineer and Geologist for the City of Laguna Niguel and the City of Chino Hills. Responsibilities include: 1) review of geotechnical reports submitted to the City, 2) development of geotechnically related codes, ordinances, and policies, 3) design and general input for City projects, 4) attendance at City Council meetings and Planning Commission meetings, on an as- needed basis, and 5) assisting the City on legal /forensic- related matters. • PUBLIC WORKS CONSTRUCTION GMU has provided investigative, design, and construction services for roadways, bridges, reservoirs, dams, storm drain and other utility pipelines, parks and sports parks, and many other types of public works projects. • TRANSPORTATION PROJECTS We have provided various levels of geotechnical services for many transportation projects including bridges, roadways, and railways. GMU engineers and geologists are intimately familiar with Caltrans standards, analytical methodologies, and requirements. • HILLSIDE DEVELOPMENTILANDSLIDE ANALYSIS Our company is uniquely qualified in geotechnical studies and planning for hillside development. Our engineering geologists are very wet[ trained in identifying landslides, assessing their impact on the development, and providing mitigating measures. • SLOPE STABILITY Our geotechnical engineers and geologists are experienced in analyzing both the static and dynamic stability of existing and proposed slopes, and developing recommendations to stabilize slopes. Analyses are performed using appropriate stability methods and state -of- the -art computer software. Dynamic analytical methods range from pseudo- static analyses to slope deformation analyses. D SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES) • FOUNDATION ENGINEERING Our geotechnical engineers have extensive experience in detailed geotechnical analysis and foundation design for sites with special considerations such as liquefaction, compressible and collapsible soils, expansive soils, fill/bedrock transitions, and deep fills. Our engineers have provided recommendations for all types of foundation options including: piles, tiebacks, mat foundations, post- tensioned foundations, standard slab -on -grade systems, etc., as well as various combination systems. • GEOTECHNICAL SITE EVALUATIONS We provide both initial and complete site evaluations to help our clients avoid unexpected problems. Our engineering geologists are specialists in evaluating soil, rock, and groundwater conditions for proposed and existing developments. • LIQUEFACTION STUDIES GMU engineers and geologists can perform detailed and comprehensive liquefaction and seismic settlement estimates. We utilize state -of -the -art techniques implementing the latest technology (i.e., cone penetration testing, seismic refraction, in situ energy calibration for SPT testing, etc.). Probabilistic as well as deterministic -based analyses can be performed. • FAULT STUDIES GMU geologists have performed a wide variety of fault studies of active and potentially active fault zones throughout California. Fault evaluations also include studies pursuant to the guidelines of the Alquist- Priolo Earthquake Fault Zone Act. • EARTHQUAKE GROUND MOTION STUDIES Our engineers and seismic geologists are capable of performing both probabilistic and deterministic ground motion analyses. Seismic response spectra can be developed for a wide variety of engineered structures. • GEOTECHNICAL INSTRUMENTATION GMU has the capabilities and expertise to install and monitor geotechnical instrumentation including piezometers, extensometers, strain gauges, settlement gauges, and slope inclinometers. GMU has extensive experience in the interpretation of geotechnical monitoring data as well as other types of deformation monitoring (i.e., survey points). • FORENSIC ENGINEERING/DISPUTE RESOLUTION We have provided forensic engineering services and third -party review services related to large landslides, MSE. wall /cribwall/retaining wall stability, settlement and subsidence, and many other projects. Select GMU personnel are experienced in deposition and court testimony. Ri] SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES 6CW APPLIED GEOPHVSICS(CONSTRUCTION VIBRATION ANALYSIS APPLIED GEOPHYSICS GMU provides seismic refraction services pertaining to rippability, fault, groundwater, and seismic response studies. GMU utilizes a state -of- the -art 12- channel seismograph to perform seismic refraction surveys. BLASTING AND CONSTRUCTION VIBRATION ANALYSES AND CONSULTATION Our geologists provide blasting and ground vibration consulting, preparation of blasting plans, and ground vibration monitoring related to blasting and construction projects. GMU also provides consultation on forensic issues as they relate to blasting and vibration - related distress. PAVEMENT ENGINEERING AND DESIGN • NEW PAVEMENT DESIGN Services include determining the pavement section for various types of pavement uses and traffic indices. GMU specializes in providing recommendations for both conventional and rubberized asphalt overlays. • PAVEMENT DISTRESS EVALUATION Evaluation of pavement distress using deflection testing, ground penetrating radar, and pavement coring, and development of cost - effective rehabilitation recommendations. • PAVEMENT CONSTRUCTION TESTING AND SPECIFICATION REVIEW Services include asphalt mix design review, oversight of field and batch plant inspection, and laboratory testing for asphalt concrete, including Hveem maximum density, Hveem extraction, and asphalt aggregate gradation. GEO- STRUCTURAL ENGINEERING • MECHANICALLY STABILIZED EARTH (MSE) WALL DESIGN GMU provides full design and construction observation services for MSE walls. Design services include calculations and development of plans for bidding. SOQ FOR CITY GEOTECHNICAL CONSULTING SERVICES NCW • CANTILEVERED WALLS, SOLDIER PILE, AND TIE -BACK DESIGN GMU performs structural design for all types of structures that involve earth stabilization including: cantilevered walls, slope tie -backs and tie -back walls, soldier pile walls, and tieback soldier pile walls. Services include calculations and development of plans for bidding. GMU is currently completing design for a tie -back solider pile for the City of Palos Verdes Estates. GEO- ENVIRONMENTAL ENGINEERING • Services include: evaluation of in situ percolation testing, evaluation of effects of percolation on existing structures and groundwater, and development of design recommendations for permeable pavements and subsurface groundwater storage. LABORATORY TESTING GMU maintains a complete soil and rock mechanics laboratory. Our laboratory equipment is continually updated and calibrated to meet the most current specifications. Our laboratory is approved by the California Department of Transportation (Caltrans) and other public agencies. • COMMITMENT TO QUALITY GMU ensures quality laboratory services with state -of -the -art equipment, an in -house QA/QC program, strict compliance with industry standards, and total customer satisfaction. _ • FULL RANGE OF GEOTECHNICAL TESTING GMU's laboratory testing includes triaxial shear, consolidation, direct shear, corrosivity, classification, compaction, moisture- density, expansion potential, permeability, etc. ICONSTRUCTION MATERIALS TESTING GMU provides quality control testing and inspections during construction for asphalt, concrete, masonry, and steel for compliance with project specifications. 12 S GEOTECHNICAI, INC. SCHEDULE OF CHARGES + Am + PROFESSIONAL SERVICES 23241 Arroyo Vista Rancho Santa Margarita CA 91,688 voice: 949.888.6513 fax: 949.888.1380 web'. www.gmugeo.com Principal Engineer or Geologist $ 200.00 /hour Associate Engineer or Geologist $ 180.00 /hour Senior Engineer or Geologist $ 160.00 /hour Project Engineer or Geologist $ 145.00/hour Staff Engineer or Geologist $ 130.00/hour Deposition/Testimony $ 375.00/hour TECHNICAL SUPPORT SERVICES Engineering Technician $ 100.00/hour Engineering Seismological Technician (includes 3- channel seismograph) $ 135.00/hour Seismic Refraction Studies (includes 2 -person staff and 12- channel seismograph) $ 400.00/hour Special Registered Inspector (4 hour minimum) $ 90.00/hour Laboratory Testing $ 92.001hour Concrete, Grout, or Mortar Compression Test and Report $ 60.00 /test Notes: (l) Overtime for field personnel will be charged at 1.5 times the base rate. Overtime is defined as the time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays. (2) The above rates for field testing services do not apply for prevailing wage projects. Prevailing wage rates will be determined on a project - specific basis. 'PORT SERVICES Graphic Illustration /CADD Report Preparation OTHER CHARGES Pneumatic Piezometer Indicator Slope Inclinometer Monitoring Equipment Mileage Outside Sery ices $ 90.00/hour $ 78.00/hour $ 65.00 /day $ 100.00 /day $ 0.50 /mile Cost + 15%