HomeMy WebLinkAbout05 APPROVE AMENDMENT NO. 2 TO CONSULTANT SERVICES WITH NMGDocusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item 5
AGENDA REPORT Initial
Reviewed: Qf5
City Manager ^^Initia
Finance Director J
FEBRUARY 18, 2025
ALDO E. SCHINDLER, CITY MANAGER
MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS
APPROVE AMENDMENT NO. 2 TO CONSULTANT SERVICES
AGREEMENT WITH NMG GEOTECHNICAL, INC.
Staff is recommending the City Council approve Amendment No. 2 to Consultant
Services Agreement with NMG Geotechnical, Inc. for additional design and
construction services for the Tustin Legacy Neighborhood "D" South Phase 2
Infrastructure (Capital Improvement Project No. 70256) Construction Project —
Package No. 1. The project is currently under construction and additional
geotechnical services are required to complete and close out the project.
RECOMMENDATION:
It is recommended that the City Council:
1. Approve Amendment No. 2 to Consultant Services Agreement with NMG
Geotechnical, Inc. for design and construction services in an amount not to exceed
$39,464.00, and authorize the City Manager to execute the Agreement on behalf of
the City.
FISCAL IMPACT:
Sufficient funds have been appropriated in the Fiscal Year 2024-2025 Capital Improvement
Program Budget. The proposed Amendment No. 2 to Consultant Services Agreement with
NMG Geotechnical, Inc includes a not to exceed total compensation amount of $39,464.00.
CORRELATION TO THE STRATEGIC PLAN:
The Tustin Legacy Neighborhood "D" South Phase 2 Infrastructure (CIP No. 70256)
Construction Project — Package No. 1 contributes to the fulfillment of the City's Strategy
Plan Goal A: Economic and Neighborhood Development. Specifically, the project
implementation of Strategy 1, which among other items, is to develop critical phases of
Tustin Legacy.
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
City Council Agenda Report
Amendment to Consultant Services Agreement
February 18, 2025
Page 2
BACKGROUND AND DISCUSSION:
On May 18, 2022, Public Works approved a Consultant Services Agreement with NMG
Geotechnical, Inc. in the amount of $170,500 to assist in the design and support the
infrastructure construction at Tustin Legacy Neighborhood "D" South Phase 2. A 14-acre
parcel generally bounded by Airship Avenue, Warner Avenue, Compass Avenue and
Armstrong Avenue. The scope of work consists of clearing and grubbing, grading, future
pedestrian bridge surcharge mounding, construction of storm drain, water, reclaimed water,
sanitary sewers, and roadway improvements. On April 17, 2023, Amendment No. 1 was
approved in the amount of $27,500. The amended scope of work included additional
engineering support services based on the final design of the future Armstrong Pedestrian
bridge.
Additional hours are required due to unforeseen field issues encountered during
construction. As an example, rough grading operations were budgeted at six (6) weeks,
while the actual grading duration required twenty-two (22) weeks to complete. Further,
unforeseen underground field conditions were encountered during the construction of the
storm drain and sewer improvements ultimately requiring storm drain relocation for portion
of the project. Amendment No. 2 will add engineering hours to continue and close out
geotechnical engineering support services for the remaining construction.
Staff is recommending the City Council approve Amendment No. 2 to Consultant Services
Agreement with NMG Geotechnical, Inc. for design and construction services for the Tustin
Legacy Neighborhood "D" South Phase 2 Infrastructure (CIP No. 70256) Construction
Project — Package No. 1. The project is currently under construction and additional
geotechnical services are needed. This includes observation and testing, monitoring and
analysis of mound settlement, and final grading and construction reports.
►nil "jL) C---t -
Michael Grisso
Director of Public Works
Attachment:
1. Proposed Amendment No. 2
2. Consultant Services Agreement & Amendment No. 1
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
ATTACHMENT 1
Proposed Amendment No. 2
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
AMENDMENT NO. 2
CONSULTANT SERVICES AGREEMENT
This AMENDMENT NO. 2 TO CONSULTANT SERVICES AGREEMENT
("Amendment No. 2") is made and entered into by and between the CITY OF TUSTIN, a
municipal corporation ("City") and NMG Geotechnical, Inc., a California Corporation
("Consultant"), pursuant to the Consultant Services Agreement.
WHEREAS, City and Consultant entered into a Consultant Services Agreement on
May 18, 2022, to furnish the necessary engineering services for the Neighborhood D
South Phase 2; and
WHEREAS, City requested to conduct additional necessary engineering services
for the Neighborhood D South Phase 2; and
WHEREAS, NMG Geotechnical, Inc. submitted authorization requests dated
February 4, 2025 for additional necessary engineering services related to Neighborhood
D South Phase 2 Construction Project; and
THEREFORE, it is agreed that the Original Agreement be amended as follows to
reflect the modifications requested by NMG Geotechnical, Inc. and authorized by the City
of Tustin:
1. Modification of Compensation. Section 4 entitled "Compensation" is amended
to provide Remaining Geotechnical Observation and Testing Services as
identified in Exhibit "A" of this Amendment No. 2 additional compensation in the
amount not to exceed $39,464.00.
2. General Requirements. All other terms and provisions contained in the Original
Agreement shall remain in effect and shall not be altered by this Amendment.
1
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
IN WITNESS WHEREOF the parties have executed this Amendment No. 2 as of
the date stated below.
Dated:
Dated:
"City"
City of Tustin, a municipal corporation
Aldo E. Schindler
City Manager
"Consultant"
NMG Geotechnical, Inc
3-1
2
Hayim Ninyo
President
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
EXHIBIT "A"
AMENDMENT #2 PROPOSAL
Attached hereto are
NMG Geotechnical, Inc Remaining Geotechnical Observation and Testing
Services Tasks for Neighborhood D South Phase 2 Proposal dated
February 4, 2025.
Docusign Envelope ID: 1lA96A78-34D4-4488-B1A8-D7DA505A8514
NMG
Geotechnical, Inc.
February 4, 2025
Project No. 10151-16
To: City of Tustin
300 Centennial Way
Tustin, California 92780
Attention: Mr. Mark Khudadatov
Subject: Budget Request for Remaining Geotechnical Observation and Testing Services for
Neighborhood D South Grading and Infrastructure, Phase 2, Tract 18197, City of
Tustin, California
Reference: NMG Geotechnical, Inc., 2022, Revised Proposal for Geotechnical Design,
Preconstruction and Observation and Testing Services for Neighborhood D South
Infrastructure, Phase 2, Lots 14, 15, "A" and "B," Tract 18197, City of Tustin,
California, Project No. 10151-16, dated May 6, 2022.
INTRODUCTION AND BACKGROUND
Per our communications, we have prepared this request for additional budget for the remaining
geotechnical observation and testing services for the street and utility improvements and settlement
monitoring at the subject Neighborhood D South — Phase 2 site. As of January 17, 2025, we have
exceeded our current remaining budget ($7,284.87) by approximately $10,220. Currently the
remaining construction that will require geotechnical observation and testing includes the
completion of domestic and recycled water lines, dry utilities, and the street improvements and
paving. Our remaining work also includes four remaining settlement monitoring readings and
analysis, the remaining final certifications and the final reports for rough grading and
improvements (two reports), and the ongoing geotechnical review and coordination. This budget
request provides a summary of the completed work and accrued hours and a summary of the
remaining geotechnical services and a breakdown of the estimated costs.
The referenced NMG (2022) proposal included the original cost estimate for the project, including
a breakdown of the projected hours of observation and testing for construction. NMG performed
a review of the project and budget analysis and found that several of the projected tasks exceeded
our projections. Additional charges were also accrued for tasks that were not included in our
proposal. Note that the "optional' additional budget was authorized and utilized for the prior
billing.
17991 Fitch • Irvine, California 92614 • PHONE (949) 442-2442 • FAX (949) 476-8322 • www.nmggeotechnical.com
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
10151-16
February 4, 2025
The geotechnical services performed and accrued hours are summarized below.
Rough Grading
Rough grading was projected to require five weeks of full-time coverage during remedial grading
and fill placement with an additional week of half-time during finish work. Grading began in early
January 2024 and continued through the end of May 2024 (22 weeks). Our observation and testing
time for rough grading exceeded our estimate by 90 hours.
Geotechnical Review and Support
Additional engineering support and coordination time was accrued due to both the extended
duration of grading and to specific issues encountered during grading that included:
• Design grading for the Armstrong (East) ramp had issues requiring our involvement with re-
designing grades for the ramp.
• Warner ramp was graded too steep due to the location of the Edison structure location at the
toe. This required two phases of coordination with the project team, review of as -built survey
shots and re -grading.
• Existing storm drain required relocation due to the location of the toe of slope on the west
Armstrong embankment. The storm drains were relocated twice.
• Demolition of the storm drain near Warner caused flooding. Additional geotechnical support
was provided to remedy the issue.
Installation of Settlement Monitoring Devices
The total costs related to installation of the settlement monitoring devices exceeded the authorized
budget. Also, additional field time and engineering support accrued to achieve a proper monument
placement on the removal bottom and during construction and backfill.
Four additional settlement readings will be performed in the upcoming months. After receiving
the readings, we will update our settlement analysis and will prepare a separate communication to
summarize the settlement and provide a recommendation to remove the surcharge mounds.
Utility Improvements
The completed work to -date includes the storm drain and sewer pipeline installations.
Storm Drain — An additional 72 hours were accrued for observation and testing for the storm
drain installation. Issues that were encountered during storm drain construction included the
following:
The sand for the pipe zone had issues meeting the 30 SE requirement. We provided four
episodes of sampling and retesting. The supplier then hired a third party to contest our results.
Additional support time was accrued to rectify the issue, which eventually was resolved by
obtaining sand from a different supplier.
250204 Budget Request 2
NMG
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
10151-16
February 4, 2025
• The filtration system for the dewatering had issues due to the size of the filter. We provided
support to solve the issue which included water testing and correspondence.
Trench -wall collapse required expanding the size of the trenches and increased the backfill
time.
Sewer — An additional 15 hours was accrued for the sewer trench backfill observation and testing.
This included additional time required for trench repair paving within the existing street.
REMAINING GEOTECHNICAL SERVICES
Grading Report — The site rough grading is completed and NMG has already prepared a draft
report. We estimate an additional $900 will be needed to complete the as -graded report, which will
be finalized in the next few weeks.
Settlement Monitoring and Analysis — We exceeded the authorized budget for installation of the
settlement monitoring devices. There are also four remaining readings to analyze and release the
site from a settlement standpoint. Between the additional costs to install the settlement devices and
evaluate the monitoring data, we request an additional $6,000 for this task.
Remaining Improvements — The projected hours/costs for the remaining improvements based on
the original NMG (2022) proposal and our updated reviewed include:
• Domestic and Recycled Water — 35 hours
• Dry Utilities — 25 hours
• Curb, Gutter and Sidewalk Subgrade — 30 hours
• Light Pole Foundations — 6 hours
• Street Section Subgrade and Aggregate Base — 24 hours
• Paving — 20 hours
• Bioswale and Rock Wall — 16 Hours
SUMMARY OF BUDGET REQUEST
Current Overage above Authorized Contract: $10,220
Finalize Rough Grading Report: $ 900
Finalize Settlement Monitoring and Analysis: $ 4,600
Remaining Observation and Testing — 156 hrs. @ $124/hr.: $19,344
Geotechnical Support: $ 1,200
Final Report of Construction: $ 3,200
TOTAL BUDGET REQUEST:
250204 Budget Request 3
NMG
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
10151-16
February 4, 2025
If you have any questions regarding this budget request, please contact our office. We appreciate
the opportunity to be of continued service.
Respectfully submitted,
NMG GEOTECHNICAL, INC.
Karlos Markouizos, RCE 50312
Principal Engineer
GF/LY/KGM/j e
E-Mail Distribution: Addressee
250204 Budget Request 4
NMG
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
ATTACHMENT 2
Consultant Services Agreement
Amendment No. 1
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
/_1►yi14►1QLT, 14Z119Z161%1
I le.
CONSULTANT SERVICES AGREEMENT
This AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT
("Amendment No. 1") is made and entered into by and between the CITY OF TUSTIN, a
municipal corporation ("City") and NMG Geotechnical, Inc., a California Corporation
("Consultant"), pursuant to the Consultant Services Agreement.
WHEREAS, City and Consultant entered into a Consultant Services Agreement on
May 18, 2022, to furnish the necessary engineering services for the Neighborhood D
South Phase 2; and
WHEREAS, City requested to conduct additional necessary engineering services
for the Neighborhood D South Phase 2; and
WHEREAS, NMG Geotechnical, Inc. submitted authorization requests dated April
13, 2023 for additional necessary engineering services related to Neighborhood D South
Phase 2 Construction Project; and
THEREFORE, it is agreed that the Original Agreement be amended as follows to
reflect the modifications requested by NMG Geotechnical, Inc. and authorized by the City
of Tustin:
1. Modification of Compensation. Section 4 entitled "Compensation" is amended
to provide additional Geotechnical Bridge Design Services Tasks as identified
in Exhibit "A" of this Amendment No. 1 additional compensation in the amount
not to exceed $ 27,500.00.
2. General Requirements. All other terms and provisions contained in the Original
Agreement shall remain in effect and shall not be altered by this Amendment.
1
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
IN WITNESS WHEREOF the parties have executed this Amendment No. 1 as of
the date stated below.
Dated: 04/17/23 "City"
City of Tustin, a municipal corporation
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DocuSigned by:
Vb+s S.
23402CC40E4B468...
Douglas S. Stack, P.E.
Director of Public Works/City Engineer
Dated: 04/13/23 "Consultant"
NMG Geotechnical, Inc
By: EDocuSigned by:
C77E6641 F .
Hayim Ninyo
Principal
2
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
I *A, :I 1 3119V-,1%
PROPOSAL
Attached hereto are
1. NMG Geotechnical, Inc Geotechnical Bridge Design Services Tasks for
Neighborhood D South Phase 2 Proposal dated April 13, 2023.
Docusign Envelope ID: 1lA96A78-34D4-4488-B1A8-D7DA505A8514
NMG
Geotechnical, Inc.
April 13, 2023
To: City of Tustin
300 Centennial Way
Tustin, California 92780
Attention: Mr. Mark Khudadatov
Project No. 10151-17
Subject: Budget Request for Additional Geotechnical Design Services for Armstrong and
Warner Avenue Pedestrian Bridges, Tustin Legacy, Tustin, California
Reference: NMG Geotechnical, Inc., 2021, Proposal for Geotechnical Design, Preconstruction
and Observation and Testing Services for Neighborhood D South Infrastructure,
Phase 2, City of Tustin, California, Project No. 10151-16, dated July 12, 2021.
INTRODUCTION
Per our recent discussion, NMG Geotechnical, Inc. (NMG) has prepared this budget request for
additional geotechnical services for structural design of two pedestrian bridges over Armstrong
and Warner Avenues at Tustin Legacy. NMG previously provided a proposal for the Phase 2
portion Neighborhood D South, which included design services related to the proposed bridge
embankments and associated surcharge mounds. Also, the prior proposal was based on the
assumption the pedestrian bridges would be pre -fabricated structures founded on shallow
foundations after mitigation of settlement (NMG, 2021). The geotechnical data and some of the
review is applicable to both the overall site grading and the bridges.
Based on the final bridge type selection, both of the pedestrian bridges will be custom structures
(not pre -fabricated structures). The pedestrian bridge design and structural engineering is being
performed by TYLIN. NMG is coordinating with TYLIN and the City team to provide the
requested geotechnical and seismic parameters for design of the bridge foundations.
SCOPE OF WORK AND COST ESTIMATE
As you know, NMG has been working with TYLIN and City of Tustin team for the last several
months to review and develop the preliminary bridge layout and design. With the anticipated
foundation loads and soft soil conditions, the proposed pedestrian bridges will have a deep
foundation system for the piers (bents) and abutments.
17991 Fitch • Irvine, California 92614 • PHONE (949) 442-2442 • FAX (949) 476-8322 • www.nmggeotechnical.com
Docusign Envelope ID: 1lA96A78-34D4-4488-B1A8-D7DA505A8514
10151-17
April 13, 2023
Our scope of geotechnical services will include the following:
Task 1) Compilation, review, and analysis of prior boring and laboratory data.
Task 2) Review of preliminary bridge design concepts and review of design -development plans
as they progress.
Task 3) Geotechnical support and analysis for axial and lateral pile design for the proposed
Cast -in -Drilled -Hole (CIDH) foundations. This will require collaboration and
iterations with TYLIN's designers and structural engineer.
Task 4) Seismic design and site response spectrum in accordance with Caltrans Seismic Design
Criteria.
Task 5) Report preparation (part of a larger report).
Task 6) Communications/coordination, attendance at meetings and project management.
A summary of our additional cost for each task is provided below:
TASK
ESTIMATED
COST
Task 1 —
Compilation, review, analysis of existing data
$ 1,500
Task 2 —
Review of preliminary plans and design -development plans
$ 4,500
Task 3 —
CIDH pile design for two bridges
$ 12,500
Task 4 —
Caltrans Seismic Design Criteria
$ 2,500
Task 5 —
Report preparation (part of a larger report)
$ 3,500
Task 6 —
Coordination, meetings, and project management
$ 3,000
TOTAL BUDGET REQUEST:
$ 27,500
We propose to perform this work on a time -and -materials and as -needed basis in accordance with the
attached 2021 Professional Fee Schedule. The estimated costs may vary by task, but the total would
not be exceeded without your prior authorization.
2
230413 Bridge Design Budget Request
NMG
Docusign Envelope ID: 1lA96A78-34D4-4488-B1A8-D7DA505A8514
10151-17
April 13, 2023
If you have any questions regarding this budget request, please contact our office. We appreciate
the opportunity to provide our services.
Respectfully submitted,
NMG GEOTECHNICAL, INC.
Karlos Markouizos, RCE 50312 L e Yost, CO2317
Principal Engineer Principal Geologist
LY/KGM/j e
Attachment: 2021 Professional Fee Schedule
Distribution: Addressee (E-Mail)
230413 Bridge Design Budget Request NMG
Docusign Envelope ID: 1lA96A78-34D4-4488-B1A8-D7DA505A8514
NMG
Geotechnical, Inc.
2021 PROFESSIONAL FEE SCHEDULE
HOURLY RATES BY STAFF CATEGORY
Principal and Associate Engineer/Geologist.................................................................................................................$190
ProjectEngineer/Geologist...........................................................................................................................................$152
Senior Staff Engineer/Geologist...................................................................................................................................$120
SupervisoryTechnician.................................................................................................................................................
$120
StaffEngineer/Geologist...............................................................................................................................................$108
SeniorProject Technician.............................................................................................................................................
$108
ProjectTechnician........................................................................................................................................................$100
StaffTechnician............................................................................................................................................................
$ 90
SpecialInspector...........................................................................................................................................................
$ 90
CAD Drafter/Technical Illustrator.................................................................................................................................$100
WordProcessor............................................................................................................................................................
$ 82
TechnicalAssistant.......................................................................................................................................................
$ 68
Prevailing Wage (Soil Technician/Special Inspection Services)....................................................................................$124
LABORATORY TESTING
Moisture Content -ASTM D2166......................................$
19
Moisture Content & Density .........................................$
28
Atterberg Limits -ASTM D4318...................................$160
Particle -Size Sieve Analysis -ASTM D422.......................$104
Finer than No. 200 Sieve - ASTM D1140 ........................
$ 72
Hydrometer Analysis -ASTM D422................................$124
Maximum Dry Density -ASTM D1557............................$220
Maximum Dry Density with Oversize
Particle -ASTM D1557............................................$250
Caltrans 216 Maximum Density....................................$200
Sand Equivalent -ASTM D2419......................................$
93
Soluble Sulfate Content ................................................$
65
Expansion Index-ASTM D4829......................................$166
Consolidation -ASTM D2435.........................................$205
- For time -rate, add $38/increment
- For remolded, add $54/specimen
- For reload, add $105/cycle
NOTES
Hydroconsolidation/Collapse -ASTM D5333.................$130
Undisturbed Direct Shear-ASTM D3080 .......................$200
Undisturbed Direct Shear - Slow -ASTM D3080............
$290
Remolded Direct Shear-ASTM D3080 ...........................$250
Remolded Direct Shear - Slow -ASTM D3080...............$380
Residual Direct Shear -ASTM D3080..............................$580
R-Value - CT301/ASTM D2844.........................................$250
Asphalt Maximum Density -CT308...............................$250
Concrete, Mortar or Grout Compression
(per cylinder/cube/prism).......................................$
28
CMU Grouted Prisms
Compression Test <-8" x 8" x 16" .........................$
195
Compression Test >8" x 8" x 16" ..........................$
270
Gunite/Shotcrete Panel Coring & Testing .....................$109
1. No additional charges for field vehicle usage or nuclear gauge.
2. Heavy equipment (i.e. drill rig, backhoe, CPT) charges will be invoiced at cost.
3. Delivery and outside reproduction charges will be invoiced at cost.
4. Outside laboratory test charges will be invoiced at cost.
17991 Fitch • Irvine, California 92614 • PHONE (949) 442-2442 • FAX (949) 476-8322 0 www.nm,ggeotechnical.com
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this
181h day of May 2022, by and between the CITY OF TUSTIN, a municipal corporation,
hereafter referred to as "City", and NMG Geotechnical, Inc., a California Corporation,
hereinafter referred to as "Consultant".
P1=r1TAI S
WHEREAS, City requires the services of a consultant to furnish the necessary
engineering services for the Neighborhood D South Phase 2 hereinafter referred to as
"Project"; and
WHEREAS, Consultant is qualified to provide the necessary services for the Project
and desires to provide said services to City; and
WHEREAS, City desires to retain the services of Consultant for said Project.
NOW, THEREFORE, for the consideration and upon the terms and conditions
hereinafter set forth, the parties agree as follows:
AGREEMENT
Section 1: Scope of Consultant's Services
Consultant shall perform all work necessary to complete in a manner satisfactory to
City, the services set forth in Exhibit "A" in accordance with the terms and conditions of this
Agreement.
Section 2: Order of Precedence
In the event of a conflict between or among any of the documents comprising this
Agreement, the following order of precedence shall govern the provision in question:
1. This Agreement
2. Consultant's Proposal (Exhibit "A")
1
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
Section 3: Time for Completion
The time for completion of the work to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work
of this Agreement according to reasonable schedules established by the City for various
items described and as outlined within Consultant's proposal. Consultant shall not be
accountable for delays in the progress of its work caused by any condition beyond its
control and without the fault or negligence of Consultant.
Section 4: Compensation
A. The compensation to be paid under this Agreement shall be as set forth in Exhibit
"A", which shall not exceed a total cost of $170,500.
B. Consultant shall submit detailed invoices, based upon the actual work performed
accompanied by backup documentation as requested by the City.
C. Progress payments for work completed shall be paid by City as the work progresses,
within thirty (30) days of the date of Consultant's invoice.
D. Consultant shall provide City with a monthly itemization of all work performed, and
the fees accrued thereon, in complete and sufficient detail to fully apprise City
thereof.
Section 5: Independent Contractor
Consultant's relationship to City in the performance of this Agreement is that of an
independent contractor. Consultant's personnel performing services under this Agreement
shall at all times be under Consultant's exclusive direction and control and shall be
employees of Consultant and not employees of City. Consultant shall pay all wages,
salaries and other amounts due its employees in connection with this Agreement and shall
be responsible for all reports and obligations respecting them, such as social security,
income tax withholding, unemployment compensation, worker's compensation and similar
matters.
Section 6: Indemnification
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole
cost and expense with legal counsel reasonably acceptable to City), indemnify and hold
the City, its officials, officers, employees, agents and volunteers, free and harmless from
any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses,
penalties, judgments, arbitration awards, settlements, damages or injuries of any kind, in
law or in equity, including but not limited to property or persons, including wrongful death,
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Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
(collectively "Claims") in any manner arising out of, pertaining to, related to, or incident to
any alleged acts, errors or omissions, or willful misconduct of Consultant, its officers,
directors, employees, subconsultants, subcontractors, agents or invitees in connection with
performance under this Agreement, or in any manner arising out of, pertaining to, related
to, or incident to an alleged breach of this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses.
Notwithstanding the foregoing, and only to the extent that the Services performed
by Consultant are subject to California Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise
out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant.
Under no circumstances shall the insurance requirements and limits set forth in this
Agreement be construed to limit Consultant's indemnification obligation or other liability
hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and
indemnify the City, its officials, officers, employees, agents and volunteers, shall not apply
to the extent that such Claims are caused by the sole negligence or willful misconduct of
that indemnified party.
Section 7: Insurance
A. Consultant shall maintain in full force and effect during the term of this Agreement
policies of commercial general liability and automobile liability insurance (each of
which shall include property damage and bodily injury) and each with limits of at
least $2,000,000 and $1,000,000, respectively, combined single limit coverage per
occurrence.
B. Consultant shall maintain in full force and effect during the term of this Agreement
a policy of professional liability insurance coverage with limits of at least $2,000,000
combined single limit coverage per claim or per occurrence. If Consultant provides
claims made professional liability insurance, Consultant shall also agree in writing
either (1) to purchase tail insurance in the amount required by this Agreement or to
cover claims made within five (5) years of the completion of Consultant's service
under this Agreement, or (2) to maintain professional liability insurance coverage
with the same carrier, or with an equivalent carrier in the amount required by this
Agreement for at least five (5) years after completion of Consultant's services under
this Agreement. Consultant shall also provide evidence to the City of the purchase
of the required tail insurance or continuation of the professional liability policy by
executing the attached Letter Agreement on Consultant's letterhead.
C. Consultant shall carry and pay for such workers' compensation insurance as is
required to fully protect Consultant and its employees under California Worker's
Compensation Insurance Law. The insurance company shall agree to waive all
3
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
rights of subrogation against the City for losses paid under the policy, which losses
arose from the work performed by the named insured.
D. Other applicable insurance requirements are: (1) Name the City, its officials and
employees as additional insured on the commercial general liability and automobile
liability insurance policies. (2) The insurance shall be issued by a company
authorized by the Insurance Department of the State of California and rated A, VII
(seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus
line broker), by the latest edition of Best's Key Rating Guide, except that the City
will accept workers' compensation insurance rated B-, VII (seven) or better, or from
the State Compensation fund. (3) The insurance shall not be cancelled, except
after thirty (30) days written prior notice to the City; and (4) The commercial general
liability and automobile liability insurance shall each be primary as respects the City,
and any other insurance maintained by the City shall be in excess of this insurance
and not contribute to it.
E. Upon execution of this Agreement, Consultant shall provide to City certificates of
insurance and insurer endorsements evidencing the required insurance. Insurer
endorsements (or a copy of the policy binder if applicable) shall be provided as
evidence of meeting the requirements of Subsections (1)(3) and (4) of Section 7D
above and the waiver of subrogation requirement in Section 7C above. If self -
insured for worker's compensation, Consultant shall submit to City a copy of its
certification of self-insurance issued by the Department of Industrial Relations.
Section 8: Termination of Agreement
A. City and Consultant shall each have the right to terminate any or all of the services
covered by this Agreement at any time or any reason by giving ten (10) business
days written advance notice to the other party.
B. Upon termination of this Agreement, Consultant shall be paid for services rendered
by the effective date of the termination.
C. Upon termination of this Agreement or completion of the Project, all documents
relating to the Project shall become the sole property of City. Should City terminate
this Agreement pursuant to subparagraph A. of this Section, Consultant shall within
ten (10) business days of receipt of notice of termination, provide City with all
documents within Consultant's possession relating to this Agreement and the
Project, including but not limited to all completed documents and all drafts of
uncompleted documents.
Section 9: Notice
Any notice allowed or required to be given shall be effective upon personal delivery
thereof, or upon depositing thereof in the United States Postal Service, certified mail, upon
receipt requested, postage prepaid, addressed as follows:
151
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
To City: City of Tustin
Attn.: Douglas S. Stack, Director of Public Works/City Engineer
300 Centennial Way
Tustin, CA 92780-3715
To Consultant: NMG Geotechnical, Inc.
Attn: Hayim NinVo, Principal Engineer
17991 Fitch
Irvine. CA 92614
Section 10: Miscellaneous Provisions
A. Consultant shall proceed immediately and diligently to perform the services
provided for in this Agreement upon receipt of notice from City to proceed therewith.
B. No part of this Agreement may be assigned by Consultant without the prior written
approval of City.
C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs,
executors, administrators, successors and assigns of the respective parties hereto.
D. Consultant shall perform all services required under this Agreement using that
degree of care and skill ordinarily exercised under similar conditions in similar
localities, and shall be responsible for all errors and omissions for services
performed by Consultant under the terms of this Agreement.
E. Consultant certifies that there shall be no discrimination against any employee who
is employed in the work covered by this Agreement, or against any application for
such employment, because of race, religion, color, sex, or national origin including
but not limited to, the following: employment, upgrading, demotion or transfer,
recruitment, or recruitment advertising, lay-off or termination, rate of pay or other
forms of compensation, and selection for training, including apprenticeship.
F. This Agreement shall be interpreted in accordance with California Law. The parties
agree that the Orange County Superior Court is the exclusive venue for any lawsuits
by either party regarding this Agreement.
5
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
IN WITNESS WHEREOF, this Agreement was executed by the parties on the date
and year first above written.
"CITY"
CITY OF TUSTIN
DS
DocuSigned by:
By 5N Fvbm(,&s F�.q�g�fc
Dou 3 58j&& ,-
Title Director of Public Works/City Enaineer
"CONSULTANT"
NMG GEOTECHNICAL, INC.
DocuSigned by:
By
Hayim �FIHV1'E6641F .
Title Principal Enaineer
1.1
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
Exhibit A
Docusign Envelope ID: 1lA96A78-34D4-4488-B1A8-D7DA505A8514
NMG
Geotechnical, Inc.
May 6, 2022
To: City of Tustin
300 Centennial Way
Tustin, California 92780
Attention: Mr. Mark Khudadatov
Project No. 10151-16
Subject: Revised Proposal for Geotechnical Design, Preconstruction and Observation and
Testing Services for Neighborhood D South Infrastructure, Phase 2, Lots 14, 15,
"A" and "B," Tract 18197, City of Tustin, California
References: NMG Geotechnical, Inc., 2013, Geotechnical Review of 40-Scale Mass Grading
Plan, Phases I and II, Disposition Area 8, 2C and a Portion of 213, and Armstrong
Avenue from Barranca Parkway to Warner Avenue — Tustin Legacy, CIP
Nos. 70201 and 70222, City of Tustin, California, Project No. 10151-06, dated
June 13, 2013.
NMG Geotechnical, Inc., 2014, Geotechnical Report of Observation and Testing
during Rough Grading, "Neighborhood D" Phases I and II, Disposition Area 8, 2C
and a Portion of 2B, Tustin Legacy, City of Tustin, California, Project
No. 10151-06, dated September 26, 2014.
INTRODUCTION
At your request, NMG Geotechnical, Inc. (NMG) is pleased to submit this revised proposal to
provide geotechnical design and construction services for the approximately 14-acre Phase 2
parcel of the Neighborhood D South (ND-S) site located at Tustin Legacy, in the city of Tustin,
California. The site is bounded by Airship, Armstrong, Warner and Compass Avenues. This
revised proposal includes additional costs related to design of the fill embankments, bridge
approach pier supports and rough grading for the future Tustin Legacy Linear Park improvements.
Based on communication with you, we understand that the pedestrian bridges over Armstrong
Avenue and Warner Avenue will be supported either on a fill embankments or pier supports. We
anticipate the bridge could utilize a shallow foundation system when built on the fill embankment,
otherwise a deep pile foundation system will likely be required. There are currently three existing
fill embankments that will be removed and reconfigured/relocated and a fourth embankment may
need to be graded. Two of the four bridge embankments and/or pier supports are offsite from the
Phase 2 area (across both Armstrong and Warner Avenues).
17991 Fitch • Irvine, California 92614 • PHONE (949) 442-2442 • FAX (949) 476-8322 • www.nmggeotechnical.com
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
10151-16
May 6, 2022
NMG is currently providing geotechnical observation and testing during grading and construction
of the ND-S Phase 1 infrastructure improvements. Previously, NMG provided design services,
including review of the preliminary 40-scale rough grading plan, which included the Phase 2 area
(NMG, 2013). NMG also provided geotechnical observation and testing during rough grading
operations for ND-S, which included remedial earthwork and establishment of the current grades
within the subject Phase 2 area (NMG, 2014).
This proposal is based on our review of a conceptual utility plan showing utilities and street
alignments prepared by Michael Baker, Int. (dated April 2019), review of the 100% schematic
Design Presentation for the Tustin Legacy Linear Park prepared by RIOS dated November 17,
2021 (received December 20, 2021) and communication with you. The scope of services is based
on our experience during design, grading and construction for ND-S (including the adjacent
Brookfield Residential site), and similar backbone street and utility improvements at Tustin
Legacy. The estimated costs for geotechnical observation and testing for construction of the
anticipated Phase 2 improvements and infrastructure are based on the adjacent Phase 1 project.
The estimated costs for the Phase 2 geotechnical design services should be evaluated once final
plans are available.
EXISTING SITE CONDITIONS AND BACKGROUND INFORMATION
The existing fill embankments were originally graded in 2008 for anticipated pedestrian bridge
crossings over Armstrong Avenue and Warner Avenue. At that time, a surcharge fill up to 15 feet
thick was added on the embankments. The subject site was then rough graded with the overall ND-
S grading in 2013-2014 under the observation and testing of NMG, which included removal of the
surcharge fill. Earthwork included remedial removals and placement of compacted fills to create
a relatively flat mass graded pad with two pedestrian bridge embankments and two desilting basins.
The two embankments are currently on the order of 20 to 25 feet high and the two basins are
approximately 3 to 5 feet deep. There is a third fill embankment on the north side of Warner
Avenue which still has the additional surcharge fill. In general, the main geotechnical constrains
at the site are the deep underlying alluvial soils and shallow groundwater conditions. The shallow
alluvium at the site is mainly fine-grained silt and clay that is soft/compressible and has moderate
to high expansion potential.
NMG designed the surcharge placed on the embankments to accelerate settlement. These
embankments were monitored for a period of 12 months and had up to 16 inches of total settlement.
The embankment on the west side of Armstrong was removed during grading of the Phase 2 Linear
Park in 2016. The surcharge for the two embankments in the Phase 2 area was removed as part of
the grading in 2014 for ND-S.
PROPOSED GRADING AND IMPROVEMENTS
The proposed Phase 2 improvements include rough grading of the site and the associated
infrastructure (sewer, storm drain, water and dry utility improvements). Based on the schematic
landscape design information, the Linear Park will include two pedestrian bridges and wide-
ranging hardscape improvements. The rough grading will include excavation of the existing bridge
embankments and filling of the basins to create interim finish grades for the future lots, linear park
220506 Revised Proposal 2
NMG
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
10151-16
May 6, 2022
and interior roadways. Grading will also include earthwork for the relocated bridge embankments
east of Armstrong and south of Warner, plus earthwork for the new ridge embankment or pier
support west of Armstrong. We understand that grading to relocate the bridge embankment on the
opposite side of Warner is considered as well, and is included as an optional item in this proposal.
Relocation of the existing onsite fill embankments and placement of a new embankment or pier
support west of Armstrong would require approximately 50,000 cubic yards of earthwork.
Additional earthwork and import would be required if a temporary surcharge is placed over the
embankments to accelerate settlement. A deep foundation system to support piers and the bridge
abutment could be utilized in lieu of the embankment and shallow foundation system.
SCOPE OF SERVICES AND ASSUMPTIONS
Based on NMG's existing data and our observation and testing during the ongoing construction
activities adjacent to the site, additional drilling and laboratory testing is not deemed necessary at
this time. We anticipate that the future bridges will utilize a prefabricated system supported on
shallow foundations founded on the new fill embankments (once the primary settlement is
mitigated). The fill embankments will be graded during the rough grading phase and given time to
allow for settlement. Settlement monitoring will be performed and evaluated for confirmation. We
anticipate settlement monitoring to take up to 12 months with surcharge, and up to 24 months
without a surcharge.
The proposed design and pre -construction support services are listed below.
Design Services
• Background review and site reconnaissance to document existing site conditions.
• Compilation of the existing data from multiple phases of grading and construction onto one
comprehensive geotechnical map of the site.
• Review of the rough grading plan, the sewer/water plan and storm drain and street
improvement plan in light of the existing conditions.
• Review and geotechnical support for design of the two pedestrian bridges and the
embankments and/or pier supports. This could include design of temporary surcharge and/or
piles.
• Settlement analysis for bridge embankment loads and /or piles.
• Preparation of a rough grading plan review report documenting existing site conditions and
compiled data for the overall site and providing recommendations for remedial and site
grading.
• Preparation of a report for design/construction of the utility and street improvements.
• Meetings, project management and correspondence with the project team.
Pre -construction Services
• Review and preparation of geotechnical related project special provisions, technical
specifications, and bid exhibits.
• Preparation/support and review of bid documents and response to bidder's questions.
• Ongoing communication and coordination with City and engineering design team.
• Attendance at pre -bid meeting.
220506 Revised Proposal 3
NMG
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
10151-16
May 6, 2022
Construction Services (Geotechnical Observation and Testing, and Settlement Monitoring)
• Attendance at a pre -construction meeting.
• Observation and testing during relocation/grading and construction on the embankments
and/or pier supports, and rough grading of the roadways and linear park.
• Installation on settlement monitoring devices. We anticipate both settlement plates and
settlement monuments will be installed.
• Engineering analysis of surveyed settlement monitoring data (minimum 8 months).
• Observation and testing during construction of Irvine Ranch Water District (IRWD)
improvements:
- Approximately 1,000 feet of sanitary sewer — ranging up to 16 feet deep
- Approximately 1,500 feet of domestic water
- Approximately 800 feet of recycled water
• Observation and testing during storm drain, approximately 850 feet and ranging up to 8 feet
deep, and approximately 1,500 feet of dry utility improvements.
• Observation and testing of subgrade for curb/gutter, concrete improvements and roadway
paving for John Johnson Way and a portion of Veterans Way, approximately 1,500 linear feet.
• Observation and testing during placement of aggregate base and asphalt concrete.
• Preparation of a final geotechnical report of observation and testing.
• Preparation of a final report and release for settlement.
ESTIMATED COSTS
A summary of the estimated costs for the above services is presented below and includes design
services, construction services and the optional additional grading services. The cost estimate is
based on the preliminary design information available at this time and should be considered for
budgetary purposes. The geotechnical review and support services will be part of a collaborative
team effort and the actual cost can vary depending on the comprehensiveness and quality of design
information/plans provided. The anticipated costs can increase if the design information is
incomplete, numerous design changes occur, and/or the project schedule gets extended.
Design Services
1. Background Review and Site Reconnaissance
2. Compilation of Data
3. Review of Grading Plan
4. Review of Sewer, Water, Storm Drain and Street Improvement Plans
5. Review and Support for two Pedestrian Bridges
6. Settlement Analysis (Embankment and/or Piles)
7. Preparation of Grading Plan Review Report
8. Preparation of Street and Utility Improvement Plan Review Report
9. Settlement monitoring documentation and release
10. Meetings, Coordination and Correspondence
$ 1,500
$ 1,000
$ 2,500
$ 3,500
$ 13,000
$ 7,500
$ 3,500
$ 2,500
$ 4,000
$ 1,500
Subtotal: $ 40,500
220506 Revised Proposal 4
NMG
Docusign Envelope ID: 11A96A78-34D4-4488-B1A8-D7DA505A8514
10151-16
May 6, 2022
Construction Services (Observation & Testing, Settlement Monitoring)
1. Pre -Construction Services $ 7,000
2. Demolition of Existing Phase 2 Linear Park Improvements $ 3,000
3. Rough Grading (Prevailing Wage) $ 45,000
4. Installation of Settlement Monitoring Devices $ 7,000
5. Analysis of Settlement Monitoring Data $ 5,000
6. IRWD Improvements (Reimbursable) $ 20,000
7. City Improvements $ 25,000
Subtotal: $112,000
OPTIONAL:
Additional Grading Services
• Relocation of existing pedestrian bridge embankment on the north side of Warner Avenue.
• Import and export of temporary surcharge soils.
• Abandonment of the settlement plates.
Subtotal: $ 18,000
TOTAL PROPOSAL: 170 500
We propose to perform this work on a time -and -materials and as -needed basis, in accordance with
the attached 2021 Professional Fee Schedule. The estimated costs may vary by task, but the total
would not be exceeded without your prior authorization.
If you have any questions regarding this revised proposal, please contact the office. We appreciate
the opportunity to provide our geotechnical services on this project.
Respectfully submitted,
NMG GGEOTTEECHH%NICAL, INC. C
Karlos Markouizos, RCEE 50312 Lynne Yost, G 2317
Principal Engineer Principal Geologist
GF/LY/KGM/grd
Attachment: 2021 Professional Fee Schedule
Distribution: Addressee (E-Mail)
Mr. Ken Nishikawa, City of Tustin (E-Mail)
220506 Revised Proposal 5
NMG
Docusign Envelope ID: 1lA96A78-34D4-4488-B1A8-D7DA505A8514
NMG
Geotechnical, Inc.
2021 PROFESSIONAL FEE SCHEDULE
HOURLY RATES BY STAFF CATEGORY
Principal and Associate Engineer/Geologist.................................................................................................................$190
ProjectEngineer/Geologist...........................................................................................................................................$152
Senior Staff Engineer/Geologist...................................................................................................................................$120
SupervisoryTechnician.................................................................................................................................................
$120
StaffEngineer/Geologist...............................................................................................................................................$108
SeniorProject Technician.............................................................................................................................................
$108
ProjectTechnician........................................................................................................................................................$100
StaffTechnician............................................................................................................................................................
$ 90
SpecialInspector...........................................................................................................................................................
$ 90
CAD Drafter/Technical Illustrator.................................................................................................................................$100
WordProcessor............................................................................................................................................................
$ 82
TechnicalAssistant.......................................................................................................................................................
$ 68
Prevailing Wage (Soil Technician/Special Inspection Services)....................................................................................$124
LABORATORY TESTING
Moisture Content -ASTM D2166......................................$
19
Moisture Content & Density .........................................$
28
Atterberg Limits -ASTM D4318...................................$160
Particle -Size Sieve Analysis -ASTM D422.......................$104
Finer than No. 200 Sieve - ASTM D1140 ........................
$ 72
Hydrometer Analysis -ASTM D422................................$124
Maximum Dry Density -ASTM D1557............................$220
Maximum Dry Density with Oversize
Particle -ASTM D1557............................................$250
Caltrans 216 Maximum Density....................................$200
Sand Equivalent -ASTM D2419......................................$
93
Soluble Sulfate Content ................................................$
65
Expansion Index-ASTM D4829......................................$166
Consolidation -ASTM D2435.........................................$205
- For time -rate, add $38/increment
- For remolded, add $54/specimen
- For reload, add $105/cycle
NOTES
Hydroconsolidation/Collapse -ASTM D5333.................$130
Undisturbed Direct Shear-ASTM D3080 .......................$200
Undisturbed Direct Shear - Slow -ASTM D3080............
$290
Remolded Direct Shear-ASTM D3080 ...........................$250
Remolded Direct Shear - Slow -ASTM D3080...............$380
Residual Direct Shear -ASTM D3080..............................$580
R-Value - CT301/ASTM D2844.........................................$250
Asphalt Maximum Density -CT308...............................$250
Concrete, Mortar or Grout Compression
(per cylinder/cube/prism).......................................$
28
CMU Grouted Prisms
Compression Test <-8" x 8" x 16" .........................$
195
Compression Test >8" x 8" x 16" ..........................$
270
Gunite/Shotcrete Panel Coring & Testing .....................$109
1. No additional charges for field vehicle usage or nuclear gauge.
2. Heavy equipment (i.e. drill rig, backhoe, CPT) charges will be invoiced at cost.
3. Delivery and outside reproduction charges will be invoiced at cost.
4. Outside laboratory test charges will be invoiced at cost.
17991 Fitch • Irvine, California 92614 • PHONE (949) 442-2442 • FAX (949) 476-8322 0 www.nm,ggeotechnical.com