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20-0127_GMU GEOTECHNICAL, INC._Professional Services Agreement
CITY 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 Omer"). 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. 61147.02100ii 2575512.1 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. DeIM s 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. 2 61147.02100132575512.1 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 . for the fallowing: (iii) Commercial General Liability Insurance must include coverage (1) Bodily Injury and Property Damage 3 61147.02100132575512.1 (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 Llability (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 Services 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. (iv) 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' Comoensation/Emuloyer'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 4 61147.0210(K32575512.1 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. 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. 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 5 61147.02100132575512.1 amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (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 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 (1) 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. 6 61147.02100132.575512.1 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 Reaulrements. 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 7 61147.02106132575512.1 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 Reauirements. 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 Emplovment 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 8 61147.02100132575512.1 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. 20. Limitation of Agreement. This Agreement is limited to and Includes only the work included in the Project described above. 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: 9 61147.02100132575512. l 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 unenforceability, 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 10 61147.021=32575512.1 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] 11 61 147.02100U2575512.1 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 CAPISTRA B: min el GMU GEOTEC*Al. By: Preside EO led Name: Greaory Silver APPROVED AS TO FORM: 9 By: City Attomey 12 61147021OW25735111 EXHIBIT A Scope of Services 13 61147.02100132575512.1 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. 14 61147.02100192575512.1 EXHIBIT C Sample Task Order Form TASK ORDER Task Order No. 1 Agreement: Northwest Open Space Community Park Project CIP 09209 Consultant: GMU GEOTECHNICAL, INC. The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: See Exhibit "A" List any attachments: (Exhibits "A" and "B".) Dollar Amount of Task Order: Not to exceed $45,000.00 Completion Date: 12/31/2021 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 Dated: 9"23 -20 By: l' , 6114702100025)5512.1 GMU GEOTECHNICAL, INC. Dated: Ll By: VP 5 1 ltv E (osc k©P AlomuI I %1 1'VILP EXHIBIT "A" August 28, 2020 Mr. Paul Meshkin CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 GMU Proposal P-20174 Subject: Proposal and Budget Estimate for Construction Support Services (Geotechnical Inspection and Materials Testing) During Construction of the Northwest Open Space Community Park Project, San Juan Capistrano Dear Mr. Meshkin: We are pleased to submit this proposal to provide construction support services related to the construction of the subject park within the City. GMU's proposed scope of work is based on our review of the project plans and geotechnical report, and the construction inspection requirements that are required by the City of San Juan Capistrano. The construction schedule was not available for our review. Our proposed scope of work is based on our estimated construction duration of 5 months. This includes demolition, grading, construction of utilities and park improvements, and construction of the new parking area. GMU's proposed scope and cost estimate should be evaluated once the contractor's actual construction schedule is available, and revisions should be made as needed. Scope of Work We have assumed about 20 weeks will be needed to complete the project. GMU proposes to provide the following services: I. Field Inspection Services — Grading and Construction: GMU will provide geologic observations (if needed), geotechnical field observation and testing services, and special inspection services (if needed). Specific inspection tasks will include the following: . Geotechnical observation and testing during fill placement and backfill operations. . Collection of soil samples for laboratory testing needed to support the project grading and backfill of utility trenches. . If needed, Special Inspection and sampling of reinforced concrete flatwork or miscellaneous foundations. 23241 Arroyo Vista Rancho Santa Margarita I CA 92688 9498886513 1 F 9498881380 1 v gmu9eocom Mr. Paul Meshkin, CITY OF SAN JUAN CAPISTRANO Proposal for GeotechnicaMspectlon Services, NW Open Space Community Park Project • GMU Staffing Estimate: • Engineering Technician/ Registered Special Inspector: 116 hours • Field/Technician Support (Staff Engineer): 20 hours • No overtime included 2. Laboratory/Materials Testing: Laboratory testing will be provided for soils and construction materials. Testing is expected to include the following: • Soil Tests: • Maximum density tests for compaction • Moisture content for soil • Concrete Tests (assumes —4 pours): • Concrete compressive strength (7, 14, and two samples at 28 days) • GMU Staffing Estimate: • Laboratory Technician: 30 hrs total 3. Office Engineering and Project Management: GMU will provide the necessary office support and project management in the form of licensed engineer and geologist, plus additional support staff as needed during grading and construction of the project improvements. The primary role of this support staff will be: • Project Management and office/ field support for GMU's field technician/ inspector • Data management for materials testing results • Review contractor submittals and RFIs related to geotechnical and construction materials • GMU Staffing Estimate: • Engineer/Geologist: 20 hrs total (1 hr/wk) 4. Report: GMU will prepare one report to document our observation and testing services. The report will include geotechnical observations, field density test data for soils and pavement, deputy inspection reports for all reinforced concrete, and materials test results. August 28, 2020 2 GMU Proposal P-20174 Mr. Paul Meshkin, CITY OF SAN JUAN CAPISTRANO Proposal for GeotechnicabUspecdon Services, NW Open Space Community Park Project BUDGET ESTIMATE TASK 1. Field Inspection Services — Grading and Special Inspection .........$ 19,272 (Note: Prevailing wage rates are included as required) TASK 2. Laboratory/Materials Testing Services ...........................................$ 3,510 TASK 3. Project Management and Office/ Field Support .............................$ 4,800 TASK6. Report ............................................................................................. 3,500 TOTAL BUDGET ESTE14ATE...........................................................................$31,082 PERFORMANCE AND SCHEDULE Our cost estimate above is based on the reviewed plans and assumes that the on-site construction operations will be performed in a time -efficient manner without overtime. In addition, GMU's senior engineering technician/inspector that will be onsite providing geotechnical observation and testing will also be multi -certified and will be able to cover any special inspection needs that may be required. We propose to provide our services as outlined in this proposal on a time -and -expense basis in accordance with our approved Schedule of Charges and current Agreement. If the scope of work is increased beyond that described in this proposal, the budget estimate provided above will not be exceeded without prior authorization. We sincerely appreciate the opportunity to provide this proposal and budget estimate. Please do not hesitate to call if you have any questions or if you would like to discuss any aspect of this proposal. August 28, 2020 3 GMU Proposal P-20174 Mr. Paul Meshkin, CITY OF SAN JUAN CAPISTRANO Proposa( for GeotecknicaMnspecrion Services, /V6' Open Space Community Park Project We look forward to working with you on this project. Please do not hesitate to call if there are any questions regarding any aspect of this proposal. Respectfully submitted, va��� ,Lisa L. Bates, PG, CEG, QSP, QSD Associate Geologist P. ppOFESS/q,� W 2338 * * Gregory . Silver,PE, GE Ji�1FC1M���e Preside CEO OF C Princip Engineer 1ble-20174 (8-28-20) August 28, 2020 4 GMU Proposal P-20174 OMuI 1 VIVIV 2019 SCHEDULE OF CHARGES PROFESSIONAL SERVICES EXHIBIT "B" Document Preparation and Project Services S 95.00/hour CAD, GIS, and Geo -BIM Design S I I S.00/hour Staff Engineer or Geologist S 145.00/how Senior Staff Engineer or Geologist S 175.00/how Project Engineer or Geologist S 195.00/hour Senior Engineer or Geologist S 230.00/how Associate Engineer or Geologist S 240.DO/hour Principal/Director S 265.00/hour FIELD INSPECTION & TESTING SERVICES Staff Engineering Technician S 105.00/hour- Services provided under direct supervision of Senior Engineering Technician Senior Engineering Technician S 115.00/hour- Inspections for soils/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/ho e • Certifiwliuns by ACI, ICC, Caltrans, local jurisdictions, etc. • Reinforced concrete, Post -Tension, Masonry, Welding, Bolting, Fireproofing Inslrvmentation Engineer S 145.00/hour • Slope inclinometer and Piezometer monitoring • Manometer for floor -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) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling. (2) No 4 -how minimum charges apply. (3) Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project in excess of g ham per day and all time on Saturdays, Sundays, and holidays. (4) Prevailing Wage hourly surcharge for Technicians and lnspccters per California Labor Code §1720, at seq. S 22A0/hour LABORATORY TESTING SERVICES Laboratory Testing $11TOO/hour (Forspecial materials lesting and laboratory cases on aper -rest basis, see GMU's Laboratory Fee Schedule) OTHER CHARGES Outside Services Cost+ 15 Rcimbursables & Reprographics Cost %3VILJ TRANSMITTAL CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 DATE: January 27, 2020 ATTENTION: Mr. Joe Mankawich SUBJECT: On -Call Professional Service Agreement ENCLOSURES: (2) wet signed "On -Call Professional Service Agreements" SIC Code form W-9 Certificate of Liability Insurance Current business license with the City of San Juan Capistrano Dear Mr. Mankawich: Thank you for this opportunity to provide on-call professional services to your City. Please don't hesitate to contact us if you would like to discuss any of our services in more detail. Sincerely, tR cierkamp, M.Sc., P of Pavement Engineering 23241 Arroyo Vista Rancho Santa Margarita I CA 92686 949888.6513 I FX: 949.Bea1380 I w gmugeocom "MUST BE COMPLETED AND RETURNED WITH APPLICATION" Newly enacted California Senate Bill 205 requires that every business provide the information below in order to receive a valid business license: • All Businesses — Standard Industrial Classification Code Number: 8711 A Standard Industrial Classification Code Number list is available at: hlti�s:/lwww.osh.�. �t,w/pls/imis/sicsearch.html • Is the business subject to storm water program regulation: Yes No X Industries subject to storm water program regulation are listed at: htips://www.w,iterliatu-ds.ui.tLuv/water issues/pro grat,ms/stormwatcr/sic.shtntl If subject to storm water program regulation, please provide the information below: Industrial General Permit (IGP) Enrollment Number: Industrial General Permit (IGP) enrollment type (mark one): WDID WDID Application NONA _ NEC •■rrrrrrrrrrrrrrrrrrrrrrrrarr�rrrrrrrrr�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr• Information Below to Be Completed by City Staff: NO SIC _ PROV _ NO WDID, NONA, NEC REFER NO MATCH — ISSUE SIC NR MATCH CODE MEANING NO SIC: Applicant did not provide an SIC number. NO WDID, NONA, NEC: Applicant did not provide WDID, NONA, or NEC. NO MATCH: Applicant -provided IGP number did not match Water Board database. SIC NR: SIC number provided is not regulated by the IGP. MATCH: Applicant -provided IGP number match name in Water Board database. PROV: Applicant eligible for 3 -month provisional license. REFER: Applicant referred to Regional Water Board. ISSUE Applicant was issued a regular license