Hamilton and Associates Inc CITY OF RANCHO PALOS VERDES
ON-CALL PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 18th day of
August, 2015, by and between the City of Rancho Palos Verdes (hereinafter referred to
as the "CITY") and David T. Hamilton and Associates, Inc., d/b/a/ Hamilton &Associates,
a California corporation (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as on-call services as follows: Geotechnical and
Geological Engineering and Construction Observation and Testing.
1.2 Description of Services
CONSULTANT shall provide such on-call geotechnical and geological
engineering, construction observation and testing services as may be requested by CITY.
CONSULTANT acknowledges that this Agreement is for on-call services, and there is no
certainty that CONSULTANT will be asked to perform any services pursuant to this
Agreement. CONSULTANT's Statement of Qualifications is attached hereto as Exhibit A
and incorporated herein by this reference. In the event of any conflict between the terms
of this Agreement and incorporated documents, the terms of this Agreement shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from CITY, CONSULTANT shall
perform with due diligence the services requested by CITY. Time is of the essence in this
Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT
be responsible for damages or be in default or deemed to be in default by reason of
strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
1.4 Term of Agreement
This Agreement shall commence on August 18, 2015 and shall terminate
on June 30, unless sooner terminated pursuant to Article 4 of this Agreement.
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ARTICLE 2
COMPENSATION
2.1 Rates; Expense Reimbursement
2.1.1 CITY agrees to compensate CONSULTANT in accordance with
CONSULTANT's Schedule of Hourly Rates, which is within Exhibit A and shall meet or
exceed prevailing wage rates, and in any case an amount not to exceed Sixty Thousand
Dollars ($60,000) per fiscal year for services as described in Article 1. On-call services
that are reimbursed by a trust deposit shall not count towards the maximum amount
CONSULTANT shall be paid for such services. The rates in Exhibit A shall be in effect
through the end of the term of this Agreement.
2.1.2 CITY will not reimburse CONSULTANT for costs and expenses
unless such costs and expenses are previously approved by CITY
2.2 Payment of Compensation
CONSULTANT shall submit monthly invoices for the work completed in the
previous month. CITY agrees to authorize payment for all undisputed invoice amounts
within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to
notify CONSULTANT of any disputed invoice amounts within ten (10) days of the receipt
of each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed
amount shall not be deemed a waiver of CITY's right to challenge such amount.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider the default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnity
3.1.1 Indemnity for Design Professional Services. To the fullest extent
permitted by law, CONSULTANT shall, at its sole cost and expense, protect, indemnify,
and hold harmless CITY and its elected officials, officers, attorneys, agents, employees,
designated volunteers, successors, assigns and those CITY agents serving as
independent contractors in the role of CITY officials (collectively"Indemnitees"), from and
against any and all damages, costs, expenses, liabilities, claims, demands, causes of
action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever,
including fees of accountants, attorneys, or other professionals and all costs associated
therewith, and reimbursement of attorney's fees and costs of defense (collectively
"Liabilities"), whether actual, alleged or threatened, which arise out of, are claimed to arise
out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful
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misconduct of CONSULTANT, its officers, agents, servants, employees, subcontractors,
material men, contractors or their officers, agents, servants or employees (or any entity
or individual that CONSULTANT shall bear the legal liability thereof) in the performance
of design professional services under this Agreement by a "design professional," as the
term is defined under California Civil Code Section 2782.8(c)(2).
3.1.2 Other Indemnities.
(a) Other than in the performance of design professional services, and
to the fullest extent permitted by law, CONSULTANT shall, at its sole cost and expense,
defend, hold harmless and indemnify the Indemnitees from and against any and all
damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of
accountants, attorneys, or other professionals and all costs associated therewith and the
payment of all consequential damages (collectively "Claims"), in law or equity, whether
actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or
relate to the acts or omissions of CONSULTANT, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents, servants
or employees (or any entity or individual that CONSULTANT shall bear the legal liability
thereof) in the performance of this Agreement, including the Indemnitees' active or
passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties. CONSULTANT shall defend the Indemnitees in any action
or actions filed in connection with any Claim with counsel of the Indemnitees' choice, and
shall pay all costs and expenses, including all attorneys' fees and experts' costs actually
incurred in connection with such defense. CONSULTANT shall reimburse the
Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in
connection therewith.
(b) CONSULTANT shall pay all required taxes on amounts paid to
CONSULTANT under this Agreement, and indemnify and hold CITY harmless from any
and all taxes, assessments, penalties, and interest asserted against CITY by reason of
the independent contractor relationship created by this Agreement. CONSULTANT shall
fully comply with the workers' compensation law regarding CONSULTANT and
CONSULTANT's employees. CONSULTANT shall indemnify and hold CITY harmless
from any failure of CONSULTANT to comply with applicable workers' compensation laws.
CITY may offset against the amount of any fees due to CONSULTANT under this
Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's
failure to promptly pay to CITY any reimbursement or indemnification arising under this
subparagraph (b).
(c) CONSULTANT shall obtain executed indemnity agreements with
provisions identical to those in this Section 3.1 from each and-every subcontractor or any
other person or entity involved by, for, with or on behalf of CONSULTANT in the
performance of this Agreement. If CONSULTANT fails to obtain such indemnities,
CONSULTANT shall be fully responsible and indemnify, hold harmless and defend the
Indemnitees from and against any and all Claims in law or equity, whether actual, alleged
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or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the
acts or omissions of CONSULTANT's subcontractor, its officers, agents, servants,
employees, subcontractors, materialmen, contractors or their officers, agents, servants
or employees (or any entity or individual that CONSULTANT's subcontractor shall bear
the legal liability thereof) in the performance of this Agreement, including the Indemnitees'
active or passive negligence, except for Claims arising from the sole negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties.
3.1.3 Workers' Compensation Acts not Limiting. CONSULTANT's
obligations under this Article 3, or any other provision of this Agreement, shall not be
limited by the provisions of any workers' compensation act or similar act. CONSULTANT
expressly waives its statutory immunity under such statutes or laws as to CITY, its
officers, agents, employees and volunteers.
3.1.4 Insurance Requirements not Limiting. CITY does not, and shall not,
waive any rights that it may possess against CONSULTANT because of the acceptance
by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant
to this Agreement. This hold harmless and indemnification provisions in this Article 3
shall apply regardless of whether or not any insurance policies are determined to be
applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against
CITY.
Survival of Terms. The indemnification in this Article 3 shall survive the
expiration or termination of this Agreement.
3.2 Insurance
3.2.1 General Liability Insurance
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars($2,000,000)general aggregate for bodily injury, death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement. The policy
or policies shall be issued by an insurer admitted or authorized to do business in the State
of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.2.2 Professional Liability Insurance
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and
aggregate for errors and/or omissions of CONSULTANT in the performance of this
Agreement. The policy or policies shall be issued by an insurer admitted or authorized to
do business in the State of California and rated in Best's Insurance Guide with a rating of
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A:VII or better. If a "claims made" policy is provided, such policy shall be maintained in
effect from the date of performance of work or services on CITY's behalf until three (3)
years after the date of work or services are accepted as completed. Coverage for the
post-completion period may be provided by renewal or replacement of the policy for each
of the three (3) years or by a three-year extended reporting period endorsement, which
reinstates all limits for the extended reporting period. If any such policy and/or policies
have a retroactive date, that date shall be no later than the date of first performance of
work or services on behalf of CITY. Renewal or replacement policies shall not allow for
any advancement of such retroactive date.
3.2.3 Automobile Liability Insurance
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence
and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one
person and five hundred thousand dollars ($500,000) for property damage arising from
one incident. The policy or policies shall be issued by an insurer admitted or authorized
to do business in the State of California and rated in A.M. Best's Insurance Guide with a
rating of A:VII or better.
3.2.4 Worker's Compensation Insurance
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.2.5 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice, or ten (10) days notice if cancellation is due to nonpayment of premium.
CONSULTANT shall provide immediate notice to CITY, if CONSULTANT receives a
cancellation or policy revision notice from the insurer.
(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT agrees that if it does not keep the insurance in full
force and effect, CITY may either immediately terminate this Agreement or, if insurance
is available at a reasonable cost, CITY may take out the necessary insurance and pay,
at CONSULTANT's expense, the premium thereon.
3.2.6 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the City Clerk both a copy of the entire policy and a certificate of insurance
showing that the policies are in effect in the required amounts. The commercial general
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liability policy shall contain endorsements naming CITY, its officers, agents and
employees as additional insureds.
3.2.7 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time, with or without
cause, by CITY upon ten (10) days prior written notice or by CONSULTANT upon ninety
(90) days prior written notice. Notice shall be deemed served if completed in compliance
with Section 6.15.
(b) CONSULTANT shall cease all work under this Agreement on or
before the effective date of termination specified in the notice of termination. In the event
of termination or cancellation of this Agreement by CONSULTANT or CITY, due to no
fault or failure of performance by CONSULTANT, CONSULTANT shall be paid
compensation for all services performed by CONSULTANT, in an amount to be
determined as follows: for work satisfactorily done in accordance with all of the terms
and provisions of this Agreement as determined by CITY, CONSULTANT shall be paid
an amount equal to the percentage of services performed prior to the effective date of
termination or cancellation in accordance with the work items; provided, in no event shall
the amount of money paid under the foregoing provisions of this paragraph exceed the
amount which would have been paid to CONSULTANT for the full performance of the
services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data,
exhibits, photographs, images, video files and media created or developed by
CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the
property of CITY without restriction or limitation upon its use, duplication or dissemination
by CITY. All Written Products shall be considered "works made for hire," and all Written
Products and any and all intellectual property rights arising from their creation, including,
but not limited to, all copyrights and other proprietary rights, shall be and remain the
property of CITY without restriction or limitation upon their use, duplication or
dissemination by CITY. CONSULTANT shall not obtain or attempt to obtain copyright
protection as to any Written Products.
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CONSULTANT hereby assigns to CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to
which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold CITY, and its elected officials,
officers, employees, servants, attorneys, designated volunteers, and agents serving as
independent contractors in the role of CITY officials, harmless from any loss, claim or
liability in any way related to a claim that CITY's use of any of the Written Products is
violating federal, state or local laws, or any contractual provisions, or any laws relating to
trade names, licenses, franchises, copyrights, patents or other means of protecting
intellectual property rights and/or interests in products or inventions. CONSULTANT shall
bear all costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, equipment, devices or processes in connection with its provision
of the services and Written Products produced under this Agreement. In the event the
use of any of the Written Products or other deliverables hereunder by CITY is held to
constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at
its expense, shall: (a) secure for CITY the right to continue using the Written Products
and other deliverables by suspension of any injunction, or by procuring a license or
licenses for CITY; or (b) modify the Written Products and other deliverables so that they
become non-infringing while remaining in compliance with the requirements of this
Agreement. This covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to CITY all Written Products and other deliverables related
to the Project without additional cost or expense to CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with the document both in
a printed format and in an electronic format that is acceptable to CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
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Government Code Sections 12940-48), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act
of 1990 (42 U.S.C. § 11200, et seq.).
6.3 Audit
The CITY or its representative shall have the option of inspecting, auditing
or inspecting and auditing all records and other written materials used by CONSULTANT
in preparing its billings to CITY as a condition precedent to any payment to
CONSULTANT. CONSULTANT will promptly furnish documents requested by CITY.
Additionally, CONSULTANT shall be subject to State Auditor examination and audit at
the request of CITY or as part of any audit of CITY, for a period of three (3) years after
final payment under this Agreement.
6.4 Personnel
CONSULTANT represents that it has, or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing. CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director
of Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSULTANT
be responsible for its associates and subcontractors' services.
6.5 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a) CONSULTANT
is licensed, qualified, and capable of furnishing the labor, materials, and expertise
necessary to perform the services in accordance with the terms and conditions set forth
in this Agreement; b) there are no obligations, commitments, or impediments of any kind
that will limit or prevent CONSULTANT's full performance under this Agreement; c)to the
extent required by the standard of practice, CONSULTANT has investigated and
considered the scope of services performed, has carefully considered how the services
should be performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.6 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12) months after completion of the
work under this Agreement which is or may likely make CONSULTANT "financially
interested" (as provided in California Government Code Sections 1090 and 87100) in any
decisions made by CITY on any matter in connection with which CONSULTANT has been
retained pursuant to this Agreement.
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6.7 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the laws of the State of California, excluding California's choice
of law rules. Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b) If any legal action or other proceeding, including action for
declaratory relief, is brought for the enforcement of this Agreement or because of an
alleged dispute, breach, default or misrepresentation in connection with this Agreement,
the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees,
and other costs, in addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for
its testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.8 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of CITY. Any such purported assignment
without written consent shall be null and void, and CONSULTANT shall hold harmless,
defend and indemnify CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
Notwithstanding the above, CONSULTANT may use the services of
persons and entities not in CONSULTANT's direct employ, when it is appropriate and
customary to do so. Such persons and entities include, but are not necessarily limited to,
surveyors, specialized consultants, and testing laboratories. CONSULTANT's use of
subcontractors for additional services shall not be unreasonably restricted by CITY
provided CONSULTANT notifies CITY in advance.
6.9 Independent Contractor
CONSULTANT is and shall at all times remain, as to CITY, a wholly
independent contractor. Neither CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein
set forth, and CONSULTANT is free to dispose of all portions of its time and activities
which it is not obligated to devote to CITY in such a manner and to such persons, firms,
or corporations as the CONSULTANT wishes except as expressly provided in this
Agreement. CONSULTANT shall have no power to incur any debt, obligation, or liability
on behalf of CITY or otherwise act on behalf of CITY as an agent. CONSULTANT shall
not, at any time or in any manner, represent that it or any of its agents, servants or
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employees, are in any manner agents, servants or employees of CITY. CONSULTANT
agrees to pay all required taxes on amounts paid to CONSULTANT under this
Agreement, and to indemnify and hold CITY harmless from any and all taxes,
assessments, penalties, and interest asserted against CITY by reason of the independent
contractor relationship created by this Agreement. CONSULTANT shall fully comply with
the workers' compensation law regarding CONSULTANT and its employees.
CONSULTANT further agrees to indemnify and hold CITY harmless from any failure of
CONSULTANT to comply with applicable workers' compensation laws. The CITY shall
have the right to offset against the amount of any fees due to CONSULTANT under this
Agreement any amount due to CITY from CONSULTANT as a result of its failure to
promptly pay to CITY any reimbursement or indemnification arising under this Article.
6.10 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.11 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.12 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.13 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by CITY of any payment to CONSULTANT
constitute or be construed as a waiver by CITY of any breach of covenant, or any default
which may then exist on the part of CONSULTANT, and the making of any such payment
by CITY shall in no way impair or prejudice any right or remedy available to CITY with
regard to such breach or default.
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6.14 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
6.15 Notice
Except as otherwise required by law, any notice, payment or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during CITY's regular business hours or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses listed below, or at
such other address as one party may notify the other:
To CITY:
Responsible Person: Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: David T. Hamilton, MS, PE, GE
President & Principal Engineer
Hamilton & Associates
1641 Border Avenue
Torrance, CA 90501
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: David T. Hamilton and Associates, Inc.,
d/b/a/ Hamilton & Associates, a
Califor ' corporation ("CO ULTANT")
B • I %-7.
ted Name: J)friij
Title: e 0424,4
By.
Printed Name: . -44m-f qc4'x
Title: SEc/tenve!...7
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Dated: CITY OF RANCHO PALOS VERDES
("CITY")
By:
r /
ayor
---c-?-/-
ATTEST: APPROVED AS TO FORM:
By: - By:
City Clerk City A orney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
State Of California
County Of Orange
25 `2o S
On A' i VAS} before me, B. OSORIO, a notary public personally appeared
0 0,v; 1 - W I
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. _ __ __ _ ___ ___
S. OSORIO
COMM...2o25788 00
,e r,.;!J NOTARY PUBUC•CAUFORNIA -�
' ORANGE COUNTY CO
My Term Exp.May 23,2017 .
(Optional)
Title/Type of the document: t� �► ! err-)C.-e_SS �► 7�G^N_ Le,t S c v��ypZ �-�- �' r
Document Date: •
ZS- S
Number of Pages Z-
ner( )
Si s other than named above
Signer(s)
Signer's Capacity: N
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
411
Dated: e David T. Hamilton and Associates, Inc.,
d/b/a/ Hamilton &Associates, a
0C / California corporation ("CONSULTANT")
By: ‘;')
Aar ./Adwrier
.
Name: ileroV
Title: _771 , '—
Lott_
AT 716V-44 1-74ZWZ. AIYAity 10 013
By:
Printed Name:
Title:
Dated: CITY OF RANCHO PALOS VERDES
("CITY")
By:
Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
S'A4.. ama“, t
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A Notary Public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached,and not the truthfulness,accuracy,or validity of that document.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State Of California
County Of Orange
On t0 .tea. I c' before me, BRIJ PRASAD, a notary public personally appeared
37 Ay(D m S t4 Ate) t L-re, to
who proved to me on the basis of satisfactory evidence to be the person( - whose namecs-r is/are
subscribed to the within instrument and acknowledged to me that he/shektaey executed the same in
hisTherffheir authorized capacity Ores and that by his signatures)—en the instrument the
person(;or the entity upon behalf of which the person($-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. 6RIJ PRASAD
, s COMM ..1986852
0 -11,:a! NOTARY PUBLIC -CALIFORNIA =--1
t m ORANGE COUNTY G)
(k(3
.,2- My Term Exp.August 28,2016
(Optional)
Title/Type of the document: atz.ts,-,A14---
Document Date: ti '
Number of Pages
Signer(s) other than named above t v
Signer's Capacity: 'y
Exhibit A
Consultant's Statement of Qualifications, including Schedule of Hourly Rates
Exhibit A
R6876-0001\1857609v2.doc
HAMILTCBN
1641 Borger Avenue • Torrance, CA 90501 T 310.618 2190 888 618 2190 F 310.618 2191 W hamilton-associates ne'
June 12, 2015
City of Rancho Palos Verdes
30940 Hawthorne Boulevard RECEIVED
Rancho Palos Verdes, CA 90275 City of Rancho Palos Verdes
Attention: Mr. Ron Dragoo, Senior Civil Engineer JUN 15 21115
Subject: Statement of Qualifications PUBLIC WORKS DEPARTMENT
Dear Mr. Dragoo:
At your request and that of the City of Rancho Palos Verdes, we have attached our
Statement of Qualifications and hourly rates for review and placement of our firm on the
City's approved `On-Call' list.
Since its inception in 2004, Hamilton & Associates has successfully preformed
geotechnical and geological engineering, and construction observation and testing
services for a wide variety of projects including Public Infrastructure, Industrial Facilities.
Land Development, Water and Wastewater, Retail, Commercial, Residential, and Port
projects.
Hamilton & Associates practices in the City of Rancho Palos Verdes on a regular basis.
Our staff engineers and technicians have between 10 to 25 years experience on
specific projects within Rancho Palos Verdes, and our senior geotechnical engineer has
more than 40 years experience in Rancho Palos Verdes.
Hamilton & Associates' largest Public Work's Client is Los Angeles County Sanitation
Districts. Since 2006, we have successfully completed more than ten (10) Sanitation
District projects including new and replacement sewers, pump stations, tanks. and other
ancillary facilities. On all projects we performed exploratory borings. laboratory analysis.
and Geotechnical Data Reports and/or Feasibility/Opinion Reports with
recommendations such as shoring, tunneling, and pipe jacking. The projects were
located in public right of ways within multiple cities and jurisdictions, including City of
Los Angeles, County of Los Angeles, Torrance, and Caltrans.
Hamilton&Associates,Inc.
Geotechnical Engineering Construction Testing&Inspection Materials Laboratory
i
We sincerely appreciate this opportunity to be considered. If there are any questions or
you need clarification, please contact us at 310-618-2190.
Respectfully submitted,
' HAMILTON & ASSOCIATES, INC.
c.)\
Cifol T. Hamilton, MS, PE, GE
President / Principal Engineer
' Attachments: January 2015 Fee Schedule
Statement of Qualifications
1
Resume — David T. Hamilton, MS. PE, GE
Distribution: (1) Mr. Ron Dragoo, Senior Civil Engineer
' Email: RonD@rpv.com
1
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1
1
1
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1641 Border Avenue, Torrance, CA 90501
HAMILTON
& Associates (310) 618-2190 (888) 618-2190 Fax (310) 618-2191
JANUARY 2015 FEE SCHEDULE
Geotechnical Fee Unit
Principal Geotechnical Engineer/Geologist $ 220.00 per hour
Senior Geotechnical Engineer/Geologist $ 180.00 per hour
Project Engineer/Geologist $ 165.00 per hour
Senior Staff Engineer/Geologist S 135.00 per hour
Staff Engineer/Geologist $ 110.00 per hour
Forensic/ Expert Witness (4-hr. min.) $ 350.00 per hour
Senior/Deputy Soils Technician (Non-Prevailing Wages) $ 95.00 per hour
Senior/Deputy Soils Technician (Prevailing Wages) S 115.00 per hour
Soils Technician (Non-Prevailing Wages) $ 85.00 per hour
Soils Technician (Prevailing Wages) $ 110.00 per hour
Laboratory Technician $ 85.00 per hour
Drafting $ 85.00 per hour
Office Services/Clerical $ 80.00 per hour
Special Inspection (Reinforced Concrete, Post Tension, Masonry, Steel Welding/Bolting. Epoxy. Fire Proofing)
Project Manager S 125.00 per hour
Project Coordinator S 95.00 per hour
Special Inspection (Non-Prevailing Wages) $ 85.00 per hour
Special Inspection (Prevailing Wages) $ 110.00 per hour
Expenses
Field Vehicle S 0.60 per mile
Per Diem Local Government Rate
Reimbursables (Maps/Photos/Permits/ Expendable Supplies. etc.) Cost + 15%
Outside Equipment (Drill Rig / Backhoe/ Monitoring Equipment, etc.) Cost + 15%
Laboratory Testing
Atterberg Limits (ASTM D4318) $ 110.00 flat fee
Consolidation Test- (ASTM D2435) + 25% for Time-Rate Readings $ 175.00 flat fee
Corrosivity (Sulfate, CI, pH, Resistivity) $ 130.00 flat fee
Concrete Cylinder Compression Test (ASTM C39) + Pickup ($16/visit) S 20.00 flat fee
Direct Shear Test(ASTM D3080) - Fast (+ 25% for Slow Test) 5 190.00 flat fee
Expansion Index (ASTM D4829) $ 100.00 flat fee
Maximum Density-A/B/C (ASTM D1557 or Cal 218) i $ 170.00 flat fee
Moisture Content (ASTM D2216) $ 10.00 flat fee
Moisture Content & Density (ASTM D2937) $ 15.00 flat fee
Hydraulic Conductivity (ASTM D5084) $ 300.00 flat fee
Sand Equivalent (ASTM D2419 and Cal 217) $ 85.00 flat fee
Sieve with Hydrometer (ASTM D422) $ 125.00 flat fee
Sieve without Hydrometer(ASTM C136) $ 75.00 flat fee
Specific Gravity (ASTM D854) 5 75.00 flat fee
Sulfate 5 50.00 flat fee
-Regular Field Hours: Monday- Friday 7:00am -4:00pm
-Minimum Field Charges: 4-hr. min. charge portal-to-portal for 0-4 hrs. For time over 4-hrs. 8-hrs will be charged. 2-hr min. if
not cancelled two (2) hrs. prior to arrival. 2-hr. min. for Sample Pick-Up.
-Overtime Hours: 1.5 x regular rate over 8 hrs/day, nights, and Sat. 2.0 x regular rate on Sun. and holidays.
-Travel time to and from the job site will be billed at the personnel hourly rates.
-Field work will be billed on a time and materials basis unless otherwise quoted.
-Laboratory test rates do not include sampling time or cost of equipment to secure the samples.
-Certified Payroll is billed at$100.00 per occurance (weekly, monthly, etc.)
-Payment due thirty (30) days of invoice, then Past Due with a finance charge of 1.5% per month (18% annual).
IIGEOTECHNICAL ENGINEERING,
CONSTRUCTION TESTING & INSPECTION,
HAMILTON MATERIALS LABORATORY
at AssokJates
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1641 Border Avenue,Torrance, CA 90501 160 S.Cypress Street, Orange, CA 9286
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5339,/ Fax (310) 618-2191
www.hamilton-associates.net
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HAMILTON
Associdtes
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Ym nOverview
}I
a
Founded in 2004, Hamilton & Associates is an seasoned engi-
neering company that provides a full range of geotechnical engi-
''`
veering and materials testing and inspection services to clients
throughout California.
t
Hamilton & Associates provides comprehensive solutions to nu-
a
4
merous municipalities, developers, general contractors, commer-
cial, industrial and residential clients. Our personnel consists of
geotechnical and civil engineers, geologists, laboratory and field
technicians, deputy inspectors, and an experienced technical
support staff.
I Through the comprehensiveness of our geotechnical engineer-
ing and materials testing and inspection, we offer clients quick
response and innovative solutions to help them gain competitive
u sy= 7 a advantage through the efficiency and effectiveness of our ser-
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► iiii vices.
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f✓'' $ gi
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I ' , . :A' O_ Principalg David T. Hamilton, MS, PE, GE
y ii4,
President / En ineer
I
Hamilton & Associates, Inc.
m 1641 Border Avenue
Rte* x 'Ag k, Torrance, California 90501
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160 S. Cypress Street
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Orange, CA 92866
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, _, , Email: dhamilton@hamilton-associates.net
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Phone: 310.618.2190/714.974.5339
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IHamilton & Associates SOQ 2012 Statement of Qualifications
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HAMILTON
I . Associates
11 , .. ',- _ �eotechn•cal EngineeringServ•cesI
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neering services to assist our clients in evaluating the subsurface
,N conditions at a subject property. Our aim is to provide clients with
I 1.
, ,� the geotechnical information needed to successfully design and
,,, y ,, complete a proposed project. Our services focus on foundation
i , — - :: ww design, settlement analysis, slope stability. shallow and deep
Rfoundation systems, footing and other project specific en ineer-
_
ing design as needed. Our Geotechnical Engineering services
H 4 include but may not be limited to:
IResidence with Basement
• Soil and Foundation Studies
7 M/ • Site Geologic Evaluation
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Slope Stability Analyses/Landslides
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�?��`= Liquefaction Potential Evaluations
I ,,,-„ ' - ,, , . Earthquake Engineering
------,-'....4",t,„,,„ ,,- Seismicity/Fault Studies
I
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. Forensic Distress Investigations
Landslide Repair Pavement Design
I . Percolation Testing
Hillside Monitoring
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IProposal for Geotechnical, Special Inspection and Testing 4
Corona Del Mar Water Transmission Main Construction, City of Newport Beach
I
HAMILTON
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Construction Observation a
Testing
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i , _/: consists of a diverse and experienced group of professional engi-
neers, geologists, public works inspectors, deputy and specialecial in-
° "" . i �_
r `� sectors and field technicians. Our personnel hold multiplele certifi-
I ea
cations includingInternational Code Council (ICC), American 411
�► Con-
crete Institute (ACI), National Institute for Certification in Engineer-
-% id,
hfr
n ineer-
hfr . ;,At ing Technologies (NICET), Caltrans, Certified Public Works Inspec-
tor (CPII). A list of services are summarized below:
itiltA i' '' ' - '''''
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M.
I • Soil Compaction Testing
Pile Driving/Drilled Piers
• Foundation Observation
• Site Grading Observation & Testing
/1"'"/;;"/",;?(////g-%;/r7777Ue"MAfirrt;
* • Ground Improvement
Pile Driving/Drilled Piers
w - f Construction Materials Testing & Ins
_,,,,.,_,,,...-,,,-.7-- 4 -,,„.4..„..: ,... _ • Reinforced Concrete
Site Grading
• Pre-Stressed Concrete• Reinforced Masonry
• Structural Steel
• Welding
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• Fireproofing
, .•-•air — '7° ,,,,,i . - , i ...:'; Public Infrastructure Inspection
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rp i • Certified Public Infrastructure Inspectors (CPII)
. Observation, Measurement, Testing & Documentation to
•
Asphalt Street Restoration determine compliance with plans and specifications of pub-
lic infrastructure and facilities construction projects
IProposal for Geotechnical, Special Inspection and Testing 5
Corona Del Mar Water Transmission Main Construction, City of Newport Beach
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HAMILTON
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ii. ,, . , ,,,, ,, ,,,,, Hamilton & Associates' Laboratory provides a full range of soils
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and construction materials testing services. Our laboratory is un-
49P
der the supervision of licensed professional engineers. Our la-
boratory is accredited by the American Association of State High-
! ,4,
way Transportation Officials (AASHTO), which includes the
AASHTO Materials Reference Laboratory (AMRL) program. We
Consolidation & Direct
Shear Testing
are a City of Los Angeles approved Soils & Concrete laboratory.
I
• Sand Equivalent Tests
I ' Sieve Analyses
---- • Hydrometer Analyses
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ISieve Analysis & • Optimum Moisture Determinations
Hydrometer Testing • Consolidation Tests
I _ , • Direct Shear Tests
mss.
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11 1,1 ,0, \\ 2 • Swell Tests
II ic,,,,:',i, ' ,„. :,'''' , 1 • Sulfate Content, pH and Resistivity
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• Atterberg Limits Determinations
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� � �' Cit of L.A. Soils and
�” Since 1965 y AASHTO R18
Concrete Compression AASHTO Materials Concrete Certification AASHTO
Testing Reference Laboratory Accreditation
IProposal for Geotechnical, Special Inspection and Testing 6
Corona Del Mar Water Transmission Main Construction, City of Newport Beach
rn
I
HAMILTON
Iat Associates
I Selected
Los Angeles CountyJoint Outfall "C" Relief Trunk Sewer
I
City of Los Angeles (Wilmington Area), California
Hamilton and Associates performed engineering geologic evaluation as part of overall geotechnical
I investigation for construction of proposed subsurface 8-foot-diameter sewer pipe along alignment
of Lomita Boulevard, extending beneath Alameda Boulevard and Tesoro Refinery. Included evalu-
ation of site geologic and ground water conditions, and preparation of detailed soil profiles perti-
I nent to proposed tunneling and/or jacking techniques for pipe construction: seismic history and set-
ting relative to nearby fault systems, and geologic hazard evaluation. Geotechnical concerns at the
site include groundwater elevation, soft soil deposits and hydrocarbon contamination, and numer-
ous active petroleum product supply pipes along the proposed tunneling route.
BORING LOCATIONS,. >.....,. __.._: __..,_: ..._
� , , Proposed 9��.Sewer rape ,.,
N TH-33 TH-34 TH-41 TM-35 ,
1 4 ,,„' i'•:•:---•:----•--:----:- - ''-‘,.:,—7--:*-- --'2" - '4' - '-'-:—------ , , —, ----7*-7.---7 — ,II,,. ,——- ' -4-$0-
THS
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' -`xas.*2ng fewer Pipe ! _—.+ "—_
74+00 75-011 0 76+00 77+00 78+0C 79+09 80+00 9.',:::, 82+00 83+00 94+00 85+00 96-C2 07+,00 88+00 89+00 90+00 91+00 92+00
E.xiscng Ground Surface -
,;.., Pkv .; •
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31 .i.:.
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�,._-Proposed 90"Sewer Pipe-- 47 -
57
fan'"d s f F f 1'?E T CAL E AGGEP PCM 1Z?) _...50 Coned on Fa. -C
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HAMILTON
IN. Associates
I SeSelected Project
Multi-Unit Residential Development, Riverside, California
I
Performed field exploration, including seven exploratory borings across a 4.3 acre site, as well as
I engineering evaluation, as part of a residential development. Project consisted of razing existing
development and constructing 11 two-story buildings with approximately 66 units. a community
center, as well as paved parking, concrete flatwork, landscaping and a community garden area.
I
I
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IHamilton &Associates SOQ 2012 Statement of Qualifications • page 7
I .
tillEll
I .
HAMILTON
I & Associates
Selected
IManhattan Beach Public Services Facility and Sewer Line Project
City of Manhattan Beach, California
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`� ' "•" ' CrTY OF MANHATTAN BEACH
x1 } _ate iti:M+�S;�ra.ticnftk
.a' ,' __,�,,...._._,_' +••) 4,./.4.7,} �ij..•u« 91Fe'I�A,Li..
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Performed subsurface investigation, laboratory analysis, and geotechnical engineering evalua-
I tion for a two (2) open-air Steel Structures at the north and west sides of the yard, PCC pave-
ment, and a new sewer line. Our evaluation included field exploration, settlement analysis, and
excavation.
I
III
I .
HAMILTON
I ,ns
I
Selected
Los Angeles CountyDistrict 27 GravitySewer
County of Los Angeles, California
I Performed excavation and logging of three hollow stem and one bucket auger exploratory boring
using a truck mounted drill rig. Groundwater level measurements and sampling were performed
and spoils from each sample tested with an Organic Vapor Analyzer (OVA). A combustible gas
I monitor was also provided for use in test hole #2. Our evaluation included field exploration, labor-
atory testing and report preparation. Reports described the results of testing and discussed a re-
view and evaluation of other geotechnical reports and design evaluations, prepared by others, in
I order to satisfy Caltrans permit requirements for the proposed jacking, tunneling. and open exca-
vation work along Pacific Coast Highway.
I
GEOLOGIC: CROSS SECTION D-D' D'
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HAMILTON
I6. Associates
Selected Project
I I Biosolids CFacility — Kings County, California
Performed subsurface investigation, laboratory analysis, and geotechnical engineering evaluation
I for the proposed receiving/mixing complex, water treatment and storage facilities, maintenance
building, electrical substation, and other ancillary structures. The site is located in the dry bed of
the former Tulare Lake. Subsurface soil conditions at the project site can be roughly characterized
I as normally- to slightly over-consolidated and very compressible clays (lacustrine deposits) to ap-
proximately 100 feet of depth. Our evaluation included structures supported on driven pre-cast
concrete piles and/or conventional spread foundations bearing on improved foundation soils
I (preloading with a temporary soil surcharge) to reduce potential post-construction (long term) soil
settlement.
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IHamilton & Associates SOQ 2012 Statement of Qualifications
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HAMILTON
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Selected roj ec ri e s
I Mixed-Use Development, Los Angeles, California
Performed preliminary geotechnical investigation for mixed-use commercial building project.
I Original scope consisted of a new 12-Story Hotel Tower, 16-Story Condominium Tower, and 2-
Story Townhouses, with 3- to 4-levels of subterranean parking. Due to changes in budget, the
scope was revised to a lower height 7-story above grade mixed-use building development with 1-
to 2- levels of subterranean parking.
CROSS SECTION A-A'
I
Proposed 16-Story
Condominium Tower
Proposed 12-Story with 4-Level Subterra-
Hotel Tower with 4- nean Parking Garage
Level Subterranean
Parking Garage
A A'
- Existir g Ground Surface -
Existing Building —
450 R R —450
Generalized -
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350 - •DT -350
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4100 _
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300 - -100' 97.5 -110' -300