Loading...
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' 1 1147.02100110974777.3 Updatcd'M inch 2019' 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 2 6114 7.02100110974777.3 Updated March 2019 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 3 6114702 10011097477 7.3 Updated March 2019 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. 4 61147.02100110974777.3 Updated March 2019 ' 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 5 61147.021001109 74777.3 Updated March 2019 (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 6 61147.02100110974777.3 Updated March 2019 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, 7 61147.02100 110974777.3 Updated March 2019 • 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. 8 61147.02100110974777.3 • Updated March 2019 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 9 61147.02100110974777.7 Updated March 2019 • 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 10 61147.12100110974777.3 Updated March 2019 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] 11 61147.02100110974777.3 Updated March 2019 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 • • 12 611"47.02100110974777.3 Updated March 2019 • EXHIBIT A Scope of Services 13 61347.02100\109747773 Updated March 2019 • • 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 Rancho S<1111a M ioar t-i ( CA 9269& ,b 9[ci d2tt S.u51-i I FY.: .149 F3ti£. ;81.) ! /ww u muleo corn .. � .M + -4 �j ..` a�r 'riBS.:� A'✓".� :71�5.sv. .?F- `sm�xwsaarc:inct�ww +-,+..ri. 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 • 1 • • .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 • • 14 61147.021001109747773 Updated March 2019 EXHIBIT C Activity Schedule • • • • 15 61147.02100110974777.3 • Updated March 2019 EXHIBIT D Federal Requirements N/A 16 61147.02100%10974777.3 Updated March 2019