19-0923_GMU PAVEMENT ENGINEERING, INC._Professional Services Agreement CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ,N,(7 11` :V , 20 e t by and
•
between the City of:San Juan Capistrano, a public agency ortanized and operating under the
laws of the State of California With its principal place of business at 32400 Paseo Adelanto,'San
Juan'Capistrano, CA 9267.5 ("City"), and GMU Pavement Engineering, INC. a CORPORATION,
With 'its priincipal place of business at'23241 Arroyo Vista Rancho Santa: Margarita CA 92688
(hereinafter referred to as "Consultant"). City and Consultant are sometimes individually
referred to es "Party"and collectively as "Parties" in this Agreement.
RECITALS
•
A. City is a public agency of the State of California and Is in need Of professional
services for the following project:
Verduqo Street Beautification Project CIP 14106 (hereinafter referred to as."the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by'this Agreement to establish the terms for City to retain
Consultant to providethe services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a; Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit"B
• b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $27,475 [Twenty seven thousand four
hundred seventy five dollars]. This amount includes a 10% contingency and will require City's
prior approval to use it. This amount is to cover all printing and related costs, and:the City will
not pay any additional fees for printing expenses. Periodic payments shall be made within 30
days 'of receipt of an invoice which includes a detailed description of the work 'performed.
Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant'
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with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
Inspection by City.
5. Time of Performance
The term of this Agreement shall be from October 45, 2019 to June 30, 2020, unless
earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the
term of this Agreement If necessary to complete the Project, Consultant shall perform its
services in a prompt and timely manner within the term of this Agreement and shall commence
performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The
Notice to Proceed shall set forth the date of commencement of work.
8. Delays in Performance.
a. Neither City nor Consultant shall be considered In default of this Agreement for
delays In performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint. -
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement,
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining,all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable,Consultant is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
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Consultant's services will be performed In accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
Interest In this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10, independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory-to the City it has secured all Insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a, Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, In amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability'insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
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c
(9) Independent Consultants Coverage
(Iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or sults by one
insured against another, (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
1 (1) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall beat least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(Ili) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(Iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers'Compensation/Emplover's Liability
(I) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code,-and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
Workers' Compensation and Insurance Act,' Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
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d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and In an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically Include work performed under this Agreement. The
policy must "pay on behalf of"the insured and must include a provision establishing the insurer's
duty to defend,
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease •
Professional Liability. $1,000,000, per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement,
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
• equivalent) signed by the Insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the Insurance, the location and operations to which the Insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
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(I) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any 'policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including •
the General Liability Additional insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
• shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1)year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the
• City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications 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 and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's Indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be Issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(I) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
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not Intended to and shall not in any manner limit or qualify the liabilities and obligations
•
otherwise assumed by the Consultant pursuant to this Agreement, Including but not limited to,
the provisions concerning indemnification.
(II) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with'these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed,by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(ill) The City may require the Consultant to provide complete copies of
all insurance policies In effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers,employees, agents
or volunteers shall be personally responsible for any liability arising under orby virtue of this
Agreement,
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section, Policies of commercial general liability Insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20.38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants,
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel of City's choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant's
services, the Project or this Agreement, including without limitation the payment of all damages,
• expert witness fees and attorney's fees and other related costs and expenses. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Consultant, the City, its officials, officers, employees, agents, or volunteers,
b, If Consultant's obligation to defend, indemnify, and/or hold harmless
arises out of Consultant's performance of"design professional" services (as that term is defined
under Civil Code section 2782,8), then, and only to the extent required by Civil Code section
2782,8, which is fully incorporated herein, Consultant's indemnification obligation,shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not
exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements,
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a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et,seq.,which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects
("Prevailing Wage Laws"). If the services are being, performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws, Consultant shall defend, Indemnify and hold the City, its officials, officers, employees and
agents free/and harmless from any claims, liabilities, costs, penalties or interestarising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsuitants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and
1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor
Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and
debarment of contractors and subcontractors(Labor Code Section 1777.1). The requirement to
submit certified payroll records directly to the Labor Commissioner under Labor Code section
1771.4 shall not apply to work performed on a public works project that is exempt pursuant to
the small project exemption specified in Labor Code Section 1771.4.
• b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725,5 and 1771,1, the
Consultant and all subconsuitants performing such services must be registered with the
Department of industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsuitants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5
and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant
to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant's sole
responsibility to comply with all applicable registration and labor compliance requirements. Any
stop orders issued by the Department of Industrial Relations against Consultant or any
subcontractor that affect Consultant's performance of services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
, shall defend, indemnify and hold the City, Its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eliaibility.
By executing this Agreement, Consultant verifies that it fully compiles with all
requirements and restrictions of state and federal law respecting , the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsuitants and sub-
subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
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This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California,
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the.
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
•
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19, Organization
Consultant shall assign Roger W. Schlierkamo as Project Manager. The Project
Manager shall not be removed from the Project or reassigned without the prior written consent
of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
r
21. Notice
Any notice or Instrument required to be given or deliveredby this Agreement may be •
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY: Consultant:
City of San Juan Capistrano GMU Pavement Engineering
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•
32400 Paseo Adelento 23241 Arroyo Vista
` San Juan Capistrano, CA 92675 Rancho Santa Margarita CA 92888
Attn: Paul Meshkin Attn: Roger W. Schlierkamp
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone,
other than the City and the Consultant.
23. Eaual Opportunity Employment.
Consultant represents that it Is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other Interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes andcancels any prior Or
contemporaneous oral or written understanding, promises or representations with respect to.
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in,writing signed by both Parties hereto. This is an integrated
Agreement. ,
25, Severability
The unenforceability, invalidityor illegality of any g y provisions) of this Agreement shall not
render the remaining provisions unenforceable, invalid or Illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each Party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be Invalid and void.
27. Non-Waiver
None of the provisions of this Agreement,shall be considered waived by either Party,
unless.such waiver is specifically specified in writing.
28. Time of Essence
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Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects,
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
31. federal Reauirements
N/A.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE'PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SAN JUAN.CAPISTRANO
AND GMU PAVEMENT ENGINEERING
IN WITNESS WHEREOF,.the• Parties have executed this Agreement as of the date first
written above.
'CITY"OF.SAN JUAN.CAPISTRANO GMU 'AVEMENT ERING
) 4010Pr
By:4- fir`" r--`' I By:
B-nja•min'Siegel
A pt/4_71Ci. Manager Its:
Printed Name:
r
r
• i
ATTEST: • j •
By: 1
•
APPROVED:AS TO FORM:
v A �v
•
•
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• EXHIBIT A
Scope of Services
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•
•
I EXHIBITS A, B, C
PAVEMENT
ENGINEERING
September 5,2019
•
Paul Meshkin, P.E
Senior Civil'Engineer
City of San Juan Capistrano
32400 Pasco Adelanto-
San'Juan Capistrano, CA 92675 • GMU Proposal P=19152
Subject: Proposal—Quality Assurance Materials Observation and Testing Servides. •
Project': Vcrduge Street Beautification Project(C1P 14106), City of San Juan
Capistrano, California
Reference(s): "Specifications and Contract Documents for Verdugo Street Beautification
Prejedt, CIP No. 14106, City of San Juan.Capistrano,"dated July 2019
Dear Mr. Meshkin:
GMU is pleased to present this proposal to provide quality assurance (QA) observation and
testing services for the.Verdugo Street Beautification Project (CIP 14106), located in the City of
San Juan Capistrano, California.
Our understanding 'of this project is based on our review of the referenced Specifications and
ContractDocuments, dated July 2019.
SCOPE OF WORK
•
Our services will primarily consist of observation.and testing of soils (subgrade), aggregate base
(AB) and asphalt concrete (AC) materials, The following bullets summarize our proposed scope
of services:
O Subgrade and Aggregate: Base (AB): Where the subgrade is exposed (i.e., beneath•
pavement, concrete bands, sidewalk, etc.) or during construction of aggregate base,
materials will be sampled and returned to our laboratory for maximum-density testing.
During field compaction, GIV1U will perform in-place density and moisture content
• testing using a nuclear gauge. If requested,, additional testing that can be performed to
confirm various properties of these materials with the specifications and/or design may •
include:R-Value, gradation (sieve analysis), and sand equivalent (SE).
o Duration: Our budget includes 60 hours of observation/testing/sampling by a
GMU Senior Engineering Technician.
23241 Arioyo Vista
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Mr.Paul Meshkin,CITY OF SAN JUAN CAPISTRANO
Proposal to Provide Materials Observation and Testing Services-Verdugo Street Beautification Project '
o Laboratory Testing: Our budget assumes 16 hours of laboratory testing,
inclusive of maximum-density, R-value, and gradation tests:.
• Asphalt Concrete Pavement (AC): During AC paving, a GMU Senior Engineering
technician will measure in-place density using a nuclear gauge, as well as monitor
temperatures, mix appearance, lift thicknesses, and general AC paving operations.
Samples will be collected and returned to our Caltrans-certified laboratory for various
tests, including Hvicem Stability,maximum density,asphalt binder content,and gradation
tests.
o Duration: Our budget includes 40 hours of observation/testing/sampling by a
GMU Senior Engineering Technician.
o Laboratory Testing: Our budget assumes 16 hours of laboratory testing,
inclusive of Hveem Stability, Hveem maximum density, binder content, and
gradation tests.
• Portland Cement Concrete(PCC): During concrete pours, GMU will sample concrete
for compressive strength testing(ASTM C39)on a periodic and as-requested basis.
o Duration: Our budget includes 8 hours of observation/testing/sampling by a
GMU Senior Engineering Technician.
o Laboratory Testing: Our budget assumes 3 sets of 4 cylinders will be sampled
and tested for compressive strength(ASTM C 39).
• Project Management and Engineering Support: GMU's Director of Pavement
Engineering, Roger Schlierkamp, will oversee the quality assurance aspects of this
project. Materials submittals will be reviewed. The preconstruction meeting will be
attended. The results of the laboratory tests will be reviewed, prepared, and presented in
laboratory test result reports. A final QA report will be prepared summarizing our
services,documentation,and laboratory test results at the completion of the project,
ESTIMATED FEE
• We will provide the above outline scope of work on a time-and-materials based on 2019
Standard Schedule of Charges, Our cost estimate considers prevailing wage rates for applicable
staff,
Verdugo Street Beautification Project(CIP141 a6)
City of San Juan Capistrano
ESTIMATED PROJECT TOTAL(TIME-AND-MATERIALS)
September 5,2019 Page 2 of 3 GMU Project No.P-19152
•
Mr.Paul Meshkin,CITY OF SAN JUAN CAPISTRANO
• Proposal to Provide Materials Observation and Testing Services-Verdugo Street Beautification Project
It is our understanding that a detailed construction schedule has not been developed yet and as a
result, our cost estimate is based assumed durations of work taking to consideration the bid
schedule quantities. The contractor's actual schedule, performance, and efficiency can impact
our cost.
Please notify us if the proposed scope of services does not meet your current needs, or if any
• significant changes are made to the proposed development so that we can revise our scope of
services. Revision of the scope of services may affect the estimated fee, The proposed scope of
services is consistent with the level of care and skill ordinarily exercised by engineering
professionals with experience in this area,No warranty, either expressed or implied,is made,
GMU is pleased to have this opportunity to propose our services for your project. Should you
have any questions or comments,please feel free to call the undersigned(949-888-6513).
1 - Sincerely,
impfEsrrov, GMU
/ I
CA0629 1•• ' P,
ctvtti. S Rog/ , Schlierkamp,MSc,PE C81 '9
�OF CAS Dire, •.r of Pavement Engineering
Attachment(s):
• GMU Schedule of Charges 2019 _
I accept the scope and budget estimate set forth in this proposal, and the conditions set forth in the attached
Agreement:
• (Please sign below and initial each page of the General Conditions on bottom right)
Signature of Client or Authorized Agent:
Date:
• LA/P.19152(9/5/20)9)
September 5,2019 Page 3 of 3 GMU Project No. P-19152
•
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.1 Nry
PAVEMENT
ENGINEERING
• 2019 SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
•
• Dpcument Preparation and Project Services $ 95.0.0/hour
CAD-,GIS,,and-Gco-I31M Design $115.00/hour
Staff Engineer or Geologist $ 145'.00/hour
Senior Staff Engineer or Gcdlogi•st S 175:00/hour
Project Engineer or Geologist $ 195:00/1tour
SenionEngincer or Geologist $230.00/hour
Associate Engineer or Geologist $240.00/hour
• Principal/Director $,265.00/hour
FIELD INSPECTION&'TESTING SERVICES
Staff Engineering Technician $ 1.05.00/hour*
• Services provided under direct supervision of a Senior Engineering Technician
'SeniorEngineering,Teelmiciun $ 1'15.00/hour'*
• Inspections for soils/grading,asphalt,concrete;butch,plants,piles/caissons;etc.
• •Certifications by ACI,ICC,Caltrans, local jurisdiction's,etc.
Registered Special Inspector(No 4 hour minimum) $ 115.00/hour*
• Certifications by ACI,ICC,Caltrans, local jurisdictions,.etc.
•• Reinforced concrete,-Post-:Tension,Masonry,Welding;Bolting,Fireproofing
Instrumentation Engineer $ 145.00/hour
• Slope inclinometer and Piezometer monitoring
• Manometer for floor-level surveys
• Stormwater Turbidity 8c pH meter
• :Groundwater Monitoring-pressure•transduecr,datalogger,water chemistry meter,.ole,
o Pipeline video'camera for drains,wells,etc.
Engineering Seismological'Technician(includes 3-channel seismograph) .$ 145.00/hour
• Blast vibration monitoring
• Construction vibration&noise monitoring(pile driving,drilling,demolition,.ete.)
*Notes:
(1) Rates include-vehicle,nuclear density gauge;and equipment for testing,inspection,and sampling,
(2) No 4-hour minimum charges apply.
.(3); -Overtime is charged at-t.5 times the base rate. Overtime is defined as time worked-on the project
in-excess of ti hours per day and all time on Saturdays,Sundays,and holidays.
(4) Prevailing Wage hourly surcharge for'1'echniclans and Inspeotors.per
Crililbrnia Labor Code§,1720,et seq. $ 22.00/hour
LABORATORY TESTING SERVICES
Lab'oratory'Testit g $ 117,00/hour
(For special materials testing-and laboratory costs orr a per-test basis.see:Cl/vh 's LaboratoryFee Schedule)
OTHER'CHARGES
• Outside Services Cost+ 15%
Reimbursables&Reprographics Cost
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detailed progress report that indicates the amount of budget spent on each task. Consultant will
inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-
materials contract. 0
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14
61147.021001109747773
Updated March 2019
EXHIBIT C
Activity Schedule
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15
61147.02100110974777.3 •
Updated March 2019
EXHIBIT D
Federal Requirements
N/A
16
61147.02100%10974777.3
Updated March 2019