20-0127_GMU GEOTECHNICAL, INC._Professional Services AgreementCITY OF SAN JUAN CAPISTRANO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of January 27, 2020 by and between the
City of San Juan Capistrano ("City"), and GMU Geotechnical, Inc., an &CORPORATION, with
its principal place of business at 23241 Arroyo Vista, Rancho Santa Margarita, California
(hereinafter referred to as "Consultant"). City and Consultant are sometimes individually
referred to as "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:
Professional Consulting Services (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services on the Project. Consultant desires to perform and assume responsibility for the
provision of certain professional services required by City on the terms and conditions set forth
In this Agreement and in the task order(s) to be issued pursuant to this Agreement ("Task
Order").
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the 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." The services shall be more particularly described in the
individual Task Order issued by the City or its designee. No services shall be performed unless
authorized by a fully executed Task Order in the form attached hereto as Exhibit "C'.
2. Compensation.
a. Consultant shall receive compensation, including authorized
reimbursements, for all services rendered under this Agreement at the rates set forth in the
Schedule of Charges attached hereto as Exhibit "B" and incorporated herein by this reference.
The maximum compensation for services to be provided pursuant to each Task Order shall be
set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under
this Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of the
City's approved Capital Improvement Budget. This amount is to cover all printing, traveling 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.
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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
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 December 31, 2019 to December 31. 2022,
unless earlier terminated as provided herein. Consultant shall complete the services within the
term of this Agreement, and shall meet any other established schedules and deadlines set forth
in each individual Task Order issued by the City. All applicable indemnification provisions of this
Agreement shall remain in effect following the termination of this Agreement.
6. 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.
C. Any excused delay in performance shall result in a proportional extension in the
schedule.
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.
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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
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 shall not be
unreasonably withheld. 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 an acceptable equivalent as determined by the City
in its reasonable discretion .
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
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(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
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits 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 3710 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 reasonable approval by the City,
and provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) 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 be at least as
broad as Insurance Seivices Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
('1v) Subject to reasonable 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
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him/her to cant' 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.
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 reasonably acceptable to the City and in an
amount indicated hereinand shall be written on a policy form coverage specifically designed to
protect against the negligent acts, errors or omissions of the Consultant. "Covered Professional
Services" as designated in the policy must specifically include work performed under this
Agreement.
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) Within the exception of the Professional Liability policy, 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.
Evidence Reguired
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
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amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(1) 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 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 reasonably 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.
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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
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.
(iii) The City may require the Consultant to provide 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 or by 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 reasonably acceptable to City), 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 negligent 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, any Task Order 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. The Consultant's foregoing indemnity obligation shall not
apply to the City's sole negligence or willful misconduct.
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
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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.
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 interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants 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 subconsultants 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 subconsultants, 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 Eligibility.
By executing this Agreement, Consultant verifies that it fully complies 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
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1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Reserved
16. laws and Venue.
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 Gregory Silver as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
above.
20. Limitation of Agreement.
This Agreement is limited to and Includes only the work included in the Project described
21. Notice
Any notice or instrument required to be given or delivered by 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:
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61147.02 100\32575512.1
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Joe Parco, Public Works
and shall be effective upon receipt thereof.
22. Third Party Rights
CONSULTANT:
Gregory Silver
GMU Geotechnical, Inc.
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal 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 and cancels 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 unenforceabillty, invalidity or illegality of any provision(s) 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
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None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Schedule
Consultant shall perform its services to meet the schedule as expeditiously as is
consistent with the exercise of professional skill and care and the orderly progress of the
Project.
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. Reserved.
32. Waiver of Consequential Damages
In no event shall either Party have any claim or right against the other Party, whether
in contact, warranty, tort (including negligence), strict liability or otherwise, for any special,
indirect, incidental or consequential damage or any kind or nature, whatsoever, such as but
not limited to loss of revenue, loss of profits on revenue, loss of customers, or contracts, loss
of uses of equipment or loss of data, work interruption, increased cost of work or cost of any
financing, howsoever caused, even if the same were reasonably foreseeable.
[SIGNATURES ON FOLLOWING PAGE]
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61147.02100X32575512.1
SIGNATURE PAGE FOR ON-CALL PROFESSIONAL. SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND GMU GEOTECHNICAL, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By:
Be' in
fly Manager
WMEA I wl
APPROVED AS TO FORM:
By:
City Attorney
GMU GEOTECHN
By:
Its: Preside EO
Printed Name: Greocry Silver
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61141021U0172575$12.1
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.
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EXHIBIT C
Sample Task Order Form
TASK ORDER
Task Order No. I
Agreement: On Call Professional Services Agreement, On -Call Professional Services
Consultant: GMU Geotechnical, Inc.
The Consultant is hereby authorized to perform the following services subject to the
provisions of the Agreement identified above:
List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed 45,000
Completion Date: December 31, 2022
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all
materials, except as may be otherwise noted above, and perform all services for the work above
specified in accordance with the Agreement identified above and will accept as full payment
therefore the amount shown above.
CITY OF SAN JUAN CAPISTRANO
Date
By: l lf• 20
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61141.02100025/5512. I
GMU Geo chnical, Inc
Dated:
By: Grey 5 er, MSc, PE, GE
President/CEO
0iiiiiiii'"I I
VIvILl
PAVEMENT
ENGINEEaING
May 27, 2020
Mr. Paul Meshkin
Senior Civil Engineer
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan, California 92675 GMU Project No.: 20-214-10
Project: City of San Juan Capistrano - Meredith Canyon Streets Pavement
Rehabilitation Project — CIP 19101
Subject: Proposal — Quality Assurance Observation and Testing Services
Reference: Plans and Specifications for Meredith Canyon Streets Pavement
Rehabilitation Project —CIP 19101, prepared by GHD.
Dear Mr. Meshkin:
GMU is pleased to present this proposal to provide quality assurance (QA) observation and testing
services for the Meredith Canyon Streets Pavement Rehabilitation Project — CIP 19101. This
project is located east of the 1-5 Freeway and north of Camino Las Ramblas in the City of San Juan
Capistrano. The streets included in this rehabilitation project consists of Avenida Calita, Via La
Mini Calle Esperanza, Calle Miramar, Calle Delgado, Calle Don Carlo. Avenida Pescador, Via
De Ague, and Paseo Del Este. There is also a bid alternate 41 for Camino Las Ramblas pavement
rehabilitation from Via California to Kinkerry Lane.
Our understanding of this project is based upon our review of the referenced plans and
specifications. We understand that this project is anticipated to span approximately 75 consecutive
working days and anticipated to start on or after July 1, 2020 and ending by November I, 2020.
In summary, improvements include various concrete repairs, pavement reconstruction (4" AC over
12" AB and 4-5" AC over 6" AB), and pavement rehabilitation (1.5" mill/overlay).
SCOPE OF SERVICES
Our services will consist of part time / periodic observation and testing of various materials,
performed on an as -requested basis. The following bullets summarize our proposed scope of
services. We have developed our scope, testing frequencies, and assumed durations, summarized
as follows:
• Soils and Aggregate Base: Where underlying soil or existing aggregate base is exposed or
installed (i.e., bottom of remove -and -replace pavement reconstruction areas or concrete
curb/gutter/sidewalk/mmp replacement areas), GMU will sample the materials for various
23241 Arroyo Vista
Rancho Santa Margarita I CA 92688
9498886513 1 rx 949.8881380 1 wa+w.gmugeocom
Mr. Paul Meshkin, CITY OF SAN JUAN CAPISTRANO
Proposal to Provide Materials Observation and Testing Services —
Meredith Canyon Streets Pavement Rehabilitation Project (C1P 19101),
City of San Juan Capistrano, California
laboratory tests and perform compaction testing. GMU will collect underlying soil or aggregate
base samples for maximum -density and optimum -moisture content tests for relative
compaction determination. GMU's Senior Engineering Technician will perform in-place
density (compaction) and moisture -content tests using a nuclear gauge (ASTM D6938).
o Duration: Our budget includes 120 hours of observation/testing/sampling by a
GMU Senior Engineering Technician.
o Laboratory Testing: We have assumed eight (8) maximum -density and optimum -
moisture content tests (ASTM D1557) for soil and AB will be performed.
• Asphalt Concrete Materials : A GMU Senior Engineering technician will perform field
observations, sampling, and testing of full -depth AC, base course AC, and cap course AC
materials, including measurement of in-place density using a nuclear gauge (ASTM D2950),
as well as monitor temperatures, mix appearance, lift thicknesses, and general AC paving
operations. Samples collected from the field will be returned to our Caltrans -certified
laboratory for various tests.
o Duration: Our budget includes 80 hours of observation/lesting/sampling by a
GMU Senior Engineering Technician.
o Laboratory Testing: Six (6) Hveem Stability (CT 304/366), six (6) Hveem
maximum density (CT 308), twelve (12) asphalt binder content (CT 382), and
twelve (12) extracted gradation (CT 202) tests to evaluate approximately 11,450
tons ofAC.
• Project Management and Engineering Support: Roger Schlierkamp, Director of Pavement
Engineering, will manage and oversee the quality assurance aspects of this project, including
attendance of pre -construction and field meetings. His experience includes managing several
similar past municipal asphalt pavement projects as the Quality Assurance Manager and he
possesses a thorough understanding of the construction observation and testing as it relates to
quality assurance. Material submittals provided to us will be reviewed. The results of the
laboratory tests will be prepared and presented in the laboratory test results report. A final
report will be prepared at the end of the project that consists of all the daily field memos,
laboratory test reports, density test locations/plans, and our certifications.
May 27, 2020 Page 2 of 3 GMU Project 20-214-10
Mr. Paul Meshkin, CITY OF SAN JUAN CAPISTRANO
Proposal to Provide Materials Observation and Testing Services —
Meredith Canyon Streets Pavement Rehabilitation Project (C!P 19101),
City of San Juan Capistrano, Caly'ornia
ESTIMATED FEE
We propose to provide the above outlined services on a time -and -materials basis in accordance
with our established on-call 2019 City of San Juan Capistrano Schedule of Charges, including
prevailing wage rates for work subject to prevailing wage requirements.
City of San Juan Capistrano
Meredith Canyon Street Pavement Rehabilitation Project
ESTIMATED PROJECT TOTAL (TIME -AND -MATERIALS) 544.982.00
Note that GMU's scope and costs are highly dependent on the contractor's actual work schedule,
means -and -methods, efficiency, as well as the duration or amount of observation, sampling, and
testing that may be requested by the City. Given this, the scope of work and costs outlined in this
proposal should be considered an estimate only and additional budget may be required depending
on the actual construction schedule or requests for observation/sampling/testing services by the
City.
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 project limits 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.
Please do not hesitate to call if you have any questions regarding this information.
Sincerely,
Q�pfES9/p�,GMU
was ,
q oFFc 1F ` R er W. "Schlrierkamp, MS , PE C81529
Director of Pavement Engineering
Attachments:
Established On -Call City of San Juan Capistrano 2019 Schedule of Charges
AMRL and Caltrans Certifications
dra/rws/20-214-10 (5/27/2020)
May 27, 2020 Page 3 of 3 GMU Project 20-214-10
&*�uI I
%3VIu
2019 SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
Document Preparation and Project Services
S 95.00/hour
CAD, GIS, and Geo -BIM Design
S I I5.00/hour
Staff Engineer or Geologist
S 145.00/hour
Senior Staff Engineer or Geologist
S 175.00/hour
Project Engineer or Geologist
S 195.00/hour
Senior Engineer or Geologist
S 230.00/hour
Associate Engineer or Geologist
S 240.00/hour
Principal/Director
S 265.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Engineering Technician
S 105.00/hour'
Services provided under direct supervision of a Senior Engineering Technician
Senior Engineering Technician
S 115.00/hour•
• Inspections for sails/grading, asphalt, concrete, batch plants, piles/caissons, etc.
• Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (No 4 hour minimum)
S 115.00/hour'
• Certifications by ACI, ICC, Calms, local jurisdictions, etc.
• Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing
Instrumentation Engineer
S 145.00/hour
• Slope inclinometer and Piemmeter monitoring
• Manometer for Boor -level surveys
• Stormwater Turbidity & pH meter
• Groundwater Monitoring- pressure transducer, datalogger, water chemistry meter,
etc.
• Pipeline video camera for drains, wells, etc.
Engineering Seismological Technician (includes 3 -channel seismograph)
S 145.00/hour
• Blast vibration monitoring
• Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.)
*Notes:
(1) Rales include vehicle, nuclear density gouge, and equipment for testing, inspection, and sampling.
(2) No 4 -hour minimum charges apply.
(3) Overtime is charged at 1.5 times the base one. Overtime is defined as time worked on the project
in excess ofg hours per day and all time on Saturdays, Sundays, and holidays.
(4) Prevailing Wage hourly surcharge for Technicians and Inspectors per
California Labor Code § 1720, et seq. S 22.00/hour
LABORATORY TESTING SERVICES
Laboratory Testing S 117.00/hour
(For special materials testing and laboralory costs on aper -lest basis, see GMU's laboratory Fee Schedule)
OTHERCHARGES
Outside Services Cost+ 15%
Reimbursables & Reprographics Cost
SIAO TL -0113: CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT
Expiration Date: 2020-03-06
Inspected By: Ashley Shaw
IA No.: 68
Phone: 949-279-8731
RSP #:104
File: Material Category 500
Laboratory: GMU Geotechnical Inc.
Address: 23241 Armyo Vista Rancho Santa
Margarita CA, 92688
Lab QC Mgr.: Mike Moscrop
E -mall: mmoscrop@gmugeo.com
Telephone: 949-88&6513
Fax #.:949.888-1380
A certified Independent Assurance (IA) visitetl Nis
laboratory on (Date)
b AMrL:. 20I'j_
Only the equipment to be used on Caltrans Construction
pmjects and/or local construction projects on the
National Highway System was checked for qualification.
At the time of Coltrane Accreditation, this laboratory had
all necessary equipment to perforin the test methods
indicated below.
Testing personnel shall be Caltrans Qualified and
possess a current Coltrane Certification Form TL -0111
or AASHTO Proficiency Form TL -0115 prior to
performing any sampling or testing.
CT 105
CT 106
CT 125 ADMIX
CT 125 AGG
CT 125 BIT
CT 125 GEN
CT 125 HMA
CT 125 PCC
CT 201
CT 202
CT 204
CT 205
CT 206
CT 207
CT 209
CT 216
CT 217
CT 226
CT 227
CT 231
CT 301
CT 304
CT 308
CT 309
CT 366
CT 375
CT 382
CT 504
CT 51 B
CT 533
CT 539
CT 540
CT 541
CT 556
CT 557
A visual check was performed and documents provided as necessary for the following Items
Facility Safety Manual
_Laboratory Procedures Manual
1% Laboratory Quality Control Manual
\ Proper test equipment
Copies of current applicable lest procedures
\ Calibration and service documentation
Calibration sticker: afied to test equipment
(dated within the 12 months)
On '06/111 , this laboratory was Caltrans Qualified by:
Ash/Ly R Shwa/
(Printed name of IA person)
(Signature M IA person)
Please verify lab accredltation by visiting SIAD website: https:/Isia.dot.m.gov/
Page 1/1
4�s%l
CERTIFICATE OF
AASHIF ACCREDITATION
A C C R E D I T E D
GMU Geotechnical, Inc.
ON
AASH O
Rancho Santa Margarita, California, USA
has demonstrated proficiency for the testing of construction materials and has conformed to the requirements established in
AASHTO R 18 and the AASHTO Accreditation policies established by the AASHTO Committee on Materials and Pavements.
The scope of accreditation can be viewed on the Directory of AASHTO Accredited Laboratories (aashtoresource.org).
Tymon,
AASHTO Executive Director
& &
Moe Jamshidi,
AASHTO COMP Chair
This certificate was generated on 03/11/2020 at 6:11 PM Eastern Time. Please confirm the current accreditation status of this laboratory at
aashtoresource.org/aap/accreditation-directory