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HomeMy WebLinkAbout16-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: October 17, 2006 Subject: Resolution authorizing execution of Agreements for Services with Joseph E. Bonadiman & Associates, Inc., David Evans & Associates, Inc. and Associated Engineers, Inc. for on-call surveying support. From: Valerie C. Ross, Director Dept: Development Services MCC Date: November 6, 2006 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution. ~fJ.~ Valerie C. Ross Contact person: Mike Grubbs, Field Engineer Phone: 5179 Supporting data attached: Staff Report, Reso. & Agreements Ward: All FUNDING REQUIREMENTS: Amount: $130,000.00 Source: (Acct. No.) Various Acct. Description: Capital Improvement Program (CIP) Services Finance: Council Notes RC5CJ c:LoocP - 375 II WDftJ Agenda Item No. I ftJ . It e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing execution of Agreements for Services with Joseph E. Bonadiman & Associates, Inc., David Evans & Associates, Inc. and Associated Engineers, Inc. for on-call surveying support. Background: The Public Works Division of the Development Services Department. is responsible for planning and implementing .the City's Capital Improvement Program (CIP). One critical task that must be completed prior to start of design of most projects is the completion of a pr.eliminary survey. In the past, an in-house survey party has fulfilled this role. In 2004, following the retirement of one party chief and the departure of several other survey employees, the two three-person survey parties were consolidated into one three-person survey party. To compensate for the reduction in in-house survey capability, language was added to construction contracts requiring the contractors to hire private surveyors to perform needed surveying during construction. Although a single survey crew is normally adequate to provide surveying support for the Capital Improvement Program, the crew has been plagued in recent months by absences due to medical problems. The party chief is currently recovering from surgery and will be on limited duty when he returns to work. The remaining two-person crew is still being used but is limited to projects that do not need significant traffic control. Traffic control on busy streets is the responsibility of one crewmember while the other two crewmembers perform the actual survey work. As an interim measure to fill the gap, a purchase order in the amount of $25,000 was issued to Joseph E. Bonadiman & Associates, Inc. in July of 2006 for on-call surveying support. That amount has been expended, however, the need for on-call surveying support continues. On August 24, 2006 a request for proposals (RFP) to provide on-call surveying support was sent to 7 consulting engineers and surveyors in the local area. A copy of the RFP was also sent to the San Bernardino Chamber of Commerce and a copy was posted on the City's website. The Mayor and Common Council previously approved the format, evaluation criteria ' and evaluation procedure used in the RFP on September 2, 2003. Proposals were received from Joseph E. Bonadiman & Associates, Inc., David Evans & Associates, Inc., and Associated Engineers, Inc. Staff evaluated the three proposals and determined that all three firms are well qualified to provide on-call surveying support and their proposals meet the requirements of the RFP. The firms of Joseph E. Bonadiman & Associates, . Inc., David Evans & Associates, Inc., and Associated Engineers, Inc. all have proven track records for successfully completing projects assigned to them by the City. 2 . . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued Therefore, staff is requesting approval of a contract, not to exceed the combined amount of $130,000 in services with the firms of Joseph E. Bonadiman & Associates, Inc., David Evans & Associates, Inc., and Associated Engineers, Inc. Staff is recommending that Agreements for on-call surveying support be executed with these three consultants. Projects will be assigned to the consultants at the sole discretion of the City Engineer. The City may continue to use its own employees to perform survey work in addition to any such work assigned to the consultants. The volume of survey work is dependent on various factors . and there is no guarantee as to the minimum or' maximum volume of work that may be assigned to any consultants. Joseph E. Bonadiman & Associates, Inc., David Evans & Associates, Inc. and Associated Engineers, Inc. indicated acceptance that the City does not guarantee a minimum or maximum volume of on-call survey work. Compensation to the consultants will be made at the hourly rate for a two-person survey party as stated in the hourly rate sheet attached to the Agreement. The consultant may be compensated at the hourly rate listed for a three-person survey party if the City Engineer concurs that conditions warrant the use of a 3-person party. Financial Impact: Adequate funding was included in the FY 06/07 CIP to cover the cost of surveying. Recommendation: Adopt Resolution. 3 e e e 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BER."IARDINO AUTHORIZING THE 3 1\1 A YOR TO EXECUTE AGREEMENTS FOR SERVICES WITH JOSEPH E. 4 BONADlMAN & ASSOCIATES, INC., DAVID EVANS & ASSOCIATES, INC., AND ASSOCIATED ENGINEERS, INC. FOR ON-CALL SURVEYING SUPPORT. 5 BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BER.'\'ARDINO AS FOLLOWS: 7 SECTION 1. Joseph E. Bonadiman & Associates, Inc., David Evans & Associates, Inc., 8 9 requested services and have provided the most advantageous and responsible proposal for 10 11 and Associated Engineers, Inc. are firms that are competent, experienced, and able to perfonn provision for On-Call Surveying Support in amounts totaling up to $130,000 in aggregate. 12 Pursuant to this detem1ination, the Mayor is hereby authorized and directed to execute three 13 Agreements for On-Call Surveying Services on behalf of the City; a copy of which are attached 14 15 16 17 18 19 20 21 22 23 24 hereto and incorporated herein as Exhibit A (Joseph E. Bonadiman & Associates, Inc.), Exhibit B (David Evans & Associates, Inc.) and Exhibit C (Associated Engineers, Inc.). The Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said services to these three fim1s, which shall incorporate this Resolution. SECTION 2. This approval shall be valid through June 30, 2007 unless earlier telminated as pro\'ided in the Agreement or as otherwise agreed to in writing by the parties. An administrative extension of one additional year may be authorized, subject to agreement of both arties. SECTION 3. The authorization to execute the above-referenced Agreement for Services 25 is rescinded if it is not signed by the parties within sixty (60) days of the passage of this 26 resolution. 27 III 28 -1- 1\.0. I~ 1/ ! te lex( e e e RESOLUTION... AUTHORIZING THE MAYOR TO EXECUTE AGREEMEl'iTS FOR SERVICES WITH JOSEPH E. BOl'iADJ:\IAN & ASSOCIATES, Il'ic.. D,\\'ID 2 EVANS & ASSOCIATES, INe., A:'\D ASSOCIATED ENGINEERS, INe. FOR ON- 3 CALL SLRVEYING SlJPPORT. 4 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 meetll1g thereof, held Common Council of the City of San Bernardino at a on the 7 8 9 10 11 12 13 day of ,2006 by the following vote, to wit: ABSTAIN ABSE;-';T 1\AYS Council Members: AYES ESTRADA BAXTER VACANT DERRY 14 ELLEY 15 OHNSON 16 17 18 19 20 MC CAMMACK City Clerk day of ,2006. The foregoing resolution is hereby approved this 21 22 23 24 pproved as to form: 25 AMES F PENMAN, :, ~Y/!J;~'. 28 . Patrick J. Morris, Mayor City of San Bernardino - 2 - EXHIBIT A e AGREEl\IENT FOR ON-CALL SVRVEYING SERVICES THIS AGREEMENT is made and entered into this day of 2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and Joseph E. BOLadiman & Associates, Inc. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the on-call surveymg services described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and e D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSUL T ANT 1.1. Scope of Services. Contractor shall furnish on-call surveying services to City in accordance with Attachment I "Scope of Services" and the Contractor's proposal dated September 12, 2006, attached and incorporated herein. e 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local ",', , .,; '. '\ "~', -," '. I',. i "',\,: ',(', .n i :'," ,)"'.~ ',',"JI.'! ",Cc. ;.-rll :', P' '. . \: ~. ...' ",', i" , I:: :, ,.~ e e e. EXHIBIT A laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harnlless City from and against all claims, demands, puyments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color. national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code. Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those serviccs contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegatcd or assigned to any person or entity without the prior written consent of City. I. 7. Business Licensc: The Consultant shall obtain and maintain a valid City Buslncss Registration Cenificate during the term of this Agreement. I.g. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and agrees that as the City's on-call surveying consultant, Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant" s obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section g7100 et scq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSA nON AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such services in accordance with Attachment 2 "Schedule of Rates dated July 2005", attached and incorporated herein, subject to an aggregate limit of SI30,OOO together with other consultants perfornling on-call surveying support. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant performing the additional sCITices, approves such additional services in writing. It is specifically understood that oral requests and/or appro\'als of such additional services or additional compensation 2 EXHIBIT A e shall be barred and are unenforceable. 2.3. !\1ethod of Billin!!. Consultant may submit invoices to City's Managing Engineer for approval on a progress basis, but no more often than monthiy. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoicc shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Managing Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE e 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be perfonned in strict compliance with the Project Schedule issued by the Managing Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delavs. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TER:\lINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2007, unless previously tenninated as provided herein or as otherwise agreed to in writing by the parties. An administrative extension of one additional year may be authorized, subject to agreement of both panies. e 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by 3 EXHIBIT A l e the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily perfomled up to and including the dale of City's written notice of temlination. Compensation for work in progress shall he prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the profcssional services actually rendered hereunder up to the effective date of temlination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be deli\'Cred to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0, I:\'SURANCE e 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, . products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($ 1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($ I ,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation msurance as required by the State of Califomia. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($ 1 ,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the e 4 EXHIBIT A . work hereunder. :1.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following pro\isions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced. until thirty (30) days after written notice is given to City." . (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." . 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any \\.ay, the indemnification prm.ision contained in this Agreement. or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GE"'ERAL PROVISIOl\'S 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect" to aIlY matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. e Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 5 EXHIBIT A e 6.3. Proiect Managers. City shall designate a Managing Engineer to work dircctly with Consultant in the perfornlance of this Agreement. Consultant shall designate a Contract Inspector(s) who shall represent it and be its agent in all consultations with City dunng the term of this Agreement. Con;;ultant or its Contract Inspector(s) shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular Cnitcd States mail. e IF TO CONSULTANT: Mr. Edward 1. Bonadiman, President Joseph E. Bonadiman & Associates, Inc. 234 N. Arrowhead Avenue San Bernardino, CA 92408-1013 Fax: (909) 381- I 721 Tel: (909) 885-3806 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "D" Street San Bernardino, Ca 92418 Fax: 909-384-5080 Tel: 909-384-5357 6.5. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement, the pre\'ailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the tenns, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his ot1ice in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or intet"]Jret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. e 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other 6 EXHIBIT A e obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8 Indemnification and Hold Hannless. Consultant shall protect, defend, indemnify and hold harnlless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities. expenses. including attorney fees, damagc to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, crrors or omissions of Consultant. its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall securc, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required. in connection with the services to be performed hereunder. e 6.10 Ownership of Documents. All findings, rep011s, documents, information and data including, but not limited to, computer tapes or discs, files and tapes fumished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement. shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not cont~mplated by this Agreement, and any use of incomplete documents. shall be at the sole risk ofCiry and without liability or legal exposure to Consultant. City shall indemnify and hold hannless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project relatcd items as requested by City or its authorized representative, at no additional cost to the City. e 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the Califomia Government Code Section 6254.7. and of which Consultant infonns City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 7 e e e EXHIBIT A 6.12. Responsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the ewnt that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant prqfessional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Partv Beneficiarv Rights. This Agreement is entered into for the sole bene/it of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall ha\'e any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify. explain or to be a full or accurate description of the content thereof and shall not in any way :lffect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any pal1y by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be decmed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a 8 e e e EXHIBIT A waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waivcr of any right or remedy in respcct to any other occurrcnce or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is detem1ined by a court of competent jurisdiction to be unenforceable in any circumstance, such detennination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Como rate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are fonnally bound to the provisions of this Agreement. /// 9 EXHIBIT A e AGREDlENT FOR Oi'\-CALL SURVEYING SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO. A Municipal Corporation CONSULTANT Joseph E. Bonadiman & Associates, Inc. By Patrick J. Morris, Mayor Signature Name and Title e Approved as to form: James F. Penman, City Attorney By iU+t/~ e 10 Exhibit A Attachment 1 e CITY OF SAN BERNARDINO PUBLIC WORKS ON-CALL SURVEYING S(;PPORT SCOPE OF SERVICES The work shall conSISt of, but IS not limited to, the Consultant provldmg a "Survey Party" which shall perform construction stakmg, right-of-way surveying, mtersection monumentatlOn and ties. recovery and/or restoration of monuments, topographic surveying, etc. as directed by the Field Engmeer. The City will obtam all necessary permits from outside agencies. However, the Survey Party will be required to perform all necessary coordination with outside agencies, utilities, and other City Departments. including traffic control, as it relates to the surveying for the work. Before accepting an assignment. Consultant shall notify the City in writing if the use of a three- person party will be required to accomplish the work. Otherwise, payment will only be authorized at the two-person Survey Party at the prevailmg wage rate. Consultant shall provide all necessary equipment and materials for satisfactory performance of the work by Survey Party. ThiS equipment shall include, but is not limited to, a suitably equipped survey truck m excellent operating condition, high \'islbility safety vests and hard hats, traffic cones and warning devices, eonunonly used equipment for surveying, such as data collector, transit, levels, rods, chains, etc., calculators. cellular telephone, small measuring devices, pens, pencils. paper and other survey related equipment and materials. .e All equipment supplied to the Survey Party by Consultant shall be operated and mamtained at no addltlOnal expense to the City. All safety eqUIpment and workplace attire worn by the Survey Party shall conform to OSHA regulations. The Consultant shall provide all office support for Survey Party, includmg, but not 11l11lted to, computer, clerical, message center, accounting, equipment mamtenance, etc. Traffic control necessary for safety of the Survey Party and the traveling public shall be the responsibility of the Survey Party, unless otherwise authorized in "Tlting by the City Engineer. Survey Party shall maintain a close liaison with the Field Engmeer at all times while the work IS proceeding. Consultant shall prOVide a 2-person or 3-person Survey Party, as appropriate, subject to approval of the Field Engmeer. The Survey Party shall work under the supervision of a Licensed Land Surveyor or Civil Engmeer licensed to practice surveymg in the State of California. The duration of the Contract with the selected firm shall be one-year with a prOVISion for an admmisrrative extension of one additional year, subject to agreement of both parties. The total cost of this project will not exceed 5130,000 in any fiscal year. Survey notes shall be provided in hard copy and in electronic format suitable for export to AutoCAD format (dwg). e i.;' ..,')< :;''-<;.1.'\ JJ') ,'......"t\:,.:",. Exhihit A Attachment 1 ~JOSEPH E. e J~[;"! ,~,,',,:,,:,~ ,: . ,~",.:,~'",: l"" .....1. I' SIR 1I" \ II I \1 \ ... I." I _ ~ .. , ". t; BONADIMAN & ASSOC ATES. N C . r " I S I; .. I. \ ... II .. L' II \" ." \ I .. t; 0" PflOfr!liiSIO","\L ""."1('[ September 12, 2006 City of San Bernardino Ann: Michael W. Grubbs, P.E. 300 North "D" Street San Bernardino, CA 92418 Re:Request For Proposal for Public Works On-Call Land Surveying Service Support - City of San Bernardino Dear Mr. Grubbs, We appreciate the opportunity to submit a Request For Proposal (RFP) to provide Land Surveying services to the City of San Bernardino, for a period of one year. e Our firm was formed in 1941, in Los Angeles, and has had offices in the Inland Empire since 1958, serving Southern California for 65 years. The company is presently in its third generation of Bonadiman family members, and we look forward to another 6C years of service for the area. Over the years we have provided such on call surveying for a number of civil engineering firms and are currently providing such services to the City of San Bernardino, and the San Bernardino Unified School District. We are well prepared to perform any of the surveying tasks outlined in the provided Scope of Services. Our Party Chiefs and Chainmen are experienced in providing various types of surveys and are always supervised by a Licensed Surveyor. We would provide services based on the attached Schedule of Fees, and all field work would be invoiced at the prevailing wage rate indicated at a 4 bour minimum. We currently run three survey crews that are equipped with the latest survey equipment including robotic instruments, RTK & Static GPS. Due to our location in the City of San Bernardino, approximately a two minute drive to City Hall, we feel that we can accommodate the City's survey needs in a timely fashion. The enclosed information will give more information on our firm, its professional members and its surveying activities. ~~~ r= I'j" I~"-jl-'- '-'1 c~ \V .' I ro. IJd c:; L;,..5::1I, U i~':il) :;~r . ,., 1.- '. e Edward . Bonadiman, P.L.S., M.B.A. President Cln' Of- ;:;AI~ ~~:H!,;,':'~:"i:'..L DEVELOPiv1l;.t,T SEH,'h:-L::; DEPARTrt.f.N"1 t j + ~ 0 r r h .\ r I" 0 " h t' iI d .\ \- l~ II II t'. S OJ II B \' I" II iI r dill 0 I C.\ 9 Ii .. (I It - I (I I , ( ~ II P ) N M ] _ ~ ~ II H r ,.... (" II " ) ~I HI. I j \1! I ... .. .. , h .. I, ,. ,I i n. " n . .. .1 m Exhihit A Attachment) e Joseph C. Bonadiman, P.E. Civil Engineer Registration: Registered Civil Engineer in the States of California, Nevada and Colorado. Registered Agricultural Engineer, licensed General Engineering Contractor and General Building Contractor. Registered Earthquake Damage Assessor. Education: California State University at Fresno. Bachelor of Science, Civil Engineering. Century University, New Mexico. Master of Science, Civil Engineering. Columbus University, Louissiana. Doctorate of Philosophy, Civil Engineering. Additional continuing education studies in Hydrology and Hydraulics, Ground Water Hydrology, Nuclear Site Hardening, Forensic Engineering, Water and Wastewater Systems and Planning at UCLA, Cal Poly Pomona, University of Iowa, Calif State University at Long Beach, West Virginia University and University of Washington. Professional Membership: e Fellow, American Society of Civil Engineers Fellow, National Academy of Forensic Engineers Member, National Society of Professional Engineers Member, Association of Energy Engineers Member, American Water Works Association Surveying Background: e Mr. Bonadiman has designed and managed most types of Civil Engineering projects. He is president of Joseph E. Bonadiman and Associates, Inc., and engineering, architectural, surveying, planning and construction management firm founded in Los Angeles, California in 1941. He is also Chairman of the Board of CIVILDESIG~ Corporation, consulting engineers. Mr. Bonadiman has been heavily involved in the firm's surveying activities. Through Mr. Bonadiman, the flfffi was one of the first in the southland to use electronic distance measuring equipment, while today he works with members of the firm in the field of GPS surveying. He is the principal architect for the firm's computer aided design and drafting systems that are sold throughout the United States and into some foreign countries. One of the principal computer system functions has to do with surveying and surveying calculations. He has been guest lecturer for the University of California at several of its campuses, addressing groups such as the National Association of Home Builders, Southern California Adjusters Association, American Society of Civil Engineers, Society of Real Estate Appraisers and the Western Mobile ill JOSEPH E 80NADlMAN & ASSOCIATES lNe e e e Exhibit A Attachment I Joseph C. Bonadiman, P.E. Civil Engineer Home Park Association. He has authored papers and reports on ecological systems, recreational developments, structural steel systems, mobile home and recreational vehicle parks, energy systems, Computer-Aided Design and Drafting (CAD D), along v.ith environmental, wastewater and water treatment. He is Editor of ClVlLDESlGN@/ClVlLCADD@ Pipe Network Analysis and ClVILCADD" Computer Aided Design and Drafting. Following are examples of surveying projects: . Engineering supervisor of all surveying activities, including multiple AL T A, bo~ndary and construction surveys. An example was an AL T A survey for the Resolution Trust Company, covering 1,700 acres of partially landlocked propeny. This survey consisted of20 individual parcels. . Project engineer for a 100 mile survey of Edwards Air Force Base, CA. This project included re-monumentation of the base. The project was done for the U.S. Corps of Engineers and required much historical review going back to the 1840's. . Principal engineer on the design and surveying for 72 miles of water transmission main, water storage tanks, wells, and a booster station in the . community of Phelan, San Bernardino County, CA. This project from start to completed working drawings took three months. . Principal engineer on the design, which included surveying of three miles of 84" diameter storm sewer in the cities of Rialto and Colton, CA. Design and construction of this line was complicated due to its location in Valley Boulevard which had large crossing utilities. Staff engineer for the design of the Meadowbrook Redevelopment Project in the City of San Bernardino, CA. This project made land available for new development and necessitated the integration of existing older infrastructure with new construction. The surveying portion of the project was complicated by existing infrastructure. This development was one of the most successful redevelopment projects in California at the time. . Staff engineer on a hydrology analysis, study, design and surveying for a compacted soil cement levy for the County of V entura. The Arroyo Las Posas Wash carried a QIOO of 33,000 CFS. Due to the location of the wash, no acceptable rock to race the levy was available. (continued) ill] JOSEPH E BONADIMAN & ASSOCIATES He e e e Exhibit A Attachment 1 Edward J. Bonadiman, P.L.S. Land Surveyor - Registration: Education: 'Professional Membership: Surveying Background: Licensed Land Surveyor in the State of California California State University San Bernardino, Bachelor of Art Degree in Business Administration / Management. California State University San Bernardino, Master of Art Degree in Business Administration / Marketing. California Land Surveyors. Association, San Bernardino / Riverside chapter, Past- President. California Land Surveyors Association, Corporate Member. Mr. Bonadiman has been working in the Land Surveying field for over thirteen years. He has provided land surveying services with Real Time Kinematic G.P.S. equipment since 1994. His understanding of the latest equipments, features, benefits, and limitations, has made Mr. Bonadiman a valuable asset on any project. Mr. Bonadiman has worked extensively throughout the western United States, and is currently preparing and staking improvement plans, record of surveys, parcel maps, tract maps, large area vertical/horizontal control plats and construction staking from our office in San Bernardino. Following are examples of surveying projects: . Project Manager / Crew Chief for a 2,240 acre agricultural project in the Cadiz Valley, California. Utilized RTK to set vertical / horizontal aerial control to produce contour maps and rectified orthophotos for the entire area. . Crew Chief for a 3 ADO acre boundary survey on the Mariano Rancho in Ventura, California. Provided Real Time Kinematic surveying services to locate boundary monuments and the City / County line. . Crew Chief for a 2,800 acre residential/industrial development in Reno, Nevada. Set aerial control with Real Time Kinematic G.P.S. for the entire project. iiIIi JOSEPH E 8ONAOIMAN & ASSOCIATES He tit e e Exhibit A Attachment 1 Edward J. Bonadiman,P.L.S.(cont.) Manager I Crew Chief for Community Sewer Improvements, Baker, California. Met with CaI-Trans and pulled permit to bore 460 feet under Interstate 15. Provided both preliminary control and construction staking for boring and sewage lagoons. . Project Manager I Crew Chief for site improvements on New City Hall, Highland, California. Worked closely with architects and City officials through plarming process. Provided all preliminary control and construction staking for project. . Project Manager I Crew Chief for Co-compo sting facilities in Corona, California and Colton, California. Prepared conditional use permits, oversaw preparation of plans, As- Built drawings, met with flood control, South Coast Air Quality Management, and SA WP A. Provided all preliminary control and topographic maps. . Project Manager I Crew Chief I Head Mapper on various A.L.T.A., Record of Surveys, Parcel Maps and Tract maps, throughout Southern California. From preliminary research, to document and legal description evaluations and all field work. . Crew Chief on various high-rise projects in Reno, Nevada, including: - 26 story Hamilton Inn Hotel, including building alignment - El Dorado Hotel and Casino - Reno Airport Hilton Hotel and Casino - 120,000 square foot Patagonia Clothing Company warehouse, and various other "tilt-up" type warehouses throughout Northern Nevada. . Crew Chief on rough grade. utility, road alignment and final grade staking on thousands of residential lots throughout Southern California. . Crew Chief on the L.A. to Pasadena Metrolink Blueline Extension. Right-of-Way acquisition and descriptions, on portions of the 26 mile project. . Proje c t iJIi JOSEPH E BONAOIMAN & ASSOCIATES NC e e e Exhihit A Attachment 1 Corporate Experience in Land Surveying Joseph E. Bonadiman & Assoc., Inc. The firm of Joseph E. Bonadiman & Associates, Inc. for the last 64 years has performed multiple types of survey projects. The firm has had in the field at one time as many as ten survey crews working on every possible type of survey, including hydrographic. The firm also has developed computer design and drafting software for surveyors that is used in the United States and abroad. Because of the firm's day to day surveying activities along with the production of software for surveyors, the firm has had to keep abreast of all modern surveying techniques. Timber Creek Channel, San Bernardino, County of San Bernardino City of San Bernardino Provided horizontal and vertical controls, for civil engineering design work for plan and profile sheets, hydrology and hydraulic of this trapezoidal concrete channel. CC&R, Ventura, County of Ventura CC&R Provided on-call GPS surveying services for various boundary surveys, topographic and construction projects throughout Ventura. Soboba Indian Reservation, County of Riverside Odebrecht, Haskell & Romero Provided horizontal and vertical survey control work for aerial mapping, preliminary hydrology and hydraulics work to assess the feasibility of a hetel and casino project. Co-Composting Facility, Colton, County of San Bernardino Inland Empire Composting Provided horizontal and vertical controls, all civil engineering design work for plan and profile sheets, hydrology and hydraulic of this trapezoidal concrete channel. Residential Subdivision to Mockingbird Canyon, Riverside, County of Riverside Joseph Nicholas Homes Provided all construction staking from curb stakes to waterlines, storm drain, house building layout, rough grade for 54-lot subdivision in Riverside. Expedine Wireless, Southern California Expedine Wireless Provided topographic surveys of various cell sites through the Inland Empire, Los Angeles, and Ventura Counties, including geodetic coordinates for overall base mapping. ill JOSEPH E 8QNADIMAN & ASSOCIATES lNC e e e Exhibit A Attachment 1 Corporate Experience in Land Surveying Joseph E. Bonadiman & Assoc., Inc. Pilot Spreading Basins, MWD Chuckawalla Southern California Geopentech Provided topographic and boundary surveys of piolot spreading basin sites alon California Aqueduct. K-Mart Distribution Center, Ontario, California Commercial Construction Consulting, Inc, Provided construction staking and field engineering for the construction of new parking aresa, entrance road and buildings, dolly pads, perimeter walls, etc, Residential Subdivision Rancho Mirage, County of Riverside Regency Homes Provided construction staking, topographic mapping, boundary surveying on various Tracts in Rancho Mirage. Prepared final maps for recordation, Residential Subdivision Lake Arrowhead Concordia Homes Provided all construction documentation design including final maps on an eight phase, 107 lot hillside subdivision. San Bernardino Municipal Water District SB,M.W.O Provided GPS control for the mapping of downtown San Bernardino for the Lakes & Streams project. Work included Static GPS control, RTK data collection and all aerial premarking. . ~ '; _ _ .L_ '_ ~. Tijeras Creek Elementary School, San Juan Capistrano, County of Orange Skidmore Contracting Corporation Provided surveying control, both on-site and off-site construction staking, building layout, rough grade, final grade, as-built drawings. all construction staking from beginning to end of project for the development of a new elementary school. -. .,' Idyllwild Elementary School, Idyllwild, County of Riverside Skidmore Contracting Corporation Provided staging area limits. building layout, staking and rough grade staking for the construction of a new gymnasium. ill JOSEPH E BONA01MAN & ASSOCIATES INC e e e Exhibit A Attachment 1 Corporate Experience in land Surveying Joseph E. Bonadiman & Assoc., Inc. Midland School, Romoland, County of Riverside Skidmore Contracting Corporation Provided building layout and rough grade staking for the development of a new elementary school. Los Angeles Metropolitan Transit Authority, Blue Line Extension, Pasadena, County of Los Angeles Booz, Allen & Hamilton, Inc. Horizontal and vertical control, plotting. legal descriptions for the 26-mile Los Angeles Metropolitan Transit Authority, Blue Line Extension high-speed rail transit system. I ! :' .1 i : ~ I---,~--' ,-----.----------.- --------=".-..:. '_ _......_ ..._... _,_0_ _. __ - .---- --, -- "'.~--c=--' ~,",,'- - ...-.,.. -_.---- -- San Luis Reservoir, Los Banos, County of Merced Geosystems, Inc. Provided horizontal and vertical control for monitoring wells at San Luis Reservoir, based on pre-determined vertical elevations and state plane coordinates. I/'! , I Century Quality Management, Inc., Silver Lake area of Los Angeles, County of Los Angeles Century Quality Management, Inc. Aerial survey control, rough grade and construction staking, topographic base mapping, slope staking for a slope repair project in Los Angeles. Cadiz, Inc and MWD, Amboy, County of San Bernardino Cadiz, Inc. and MWD Various vertical and horizontal surveys for agricultural and large water pumping project, including a pilot spreading basin, airstrip and aerial control. .' ,'1 if I I :', ;, -- ',I .-/---:; ~._~- / . / / /. / , , I ! i' I " " J Interstate-iS, Baker, County of San Bernardino Baker Community Services District Provided control for a 460-foot boring underneath Interstate- 15 to provide increased sewer capacity for the town of Baker. Both preliminary control and boring alignment surveys were provided. Mt. Vernon Storm Drain, San Bernardino, County of San Bernardino City of San Bernardino Provided horizontal and vertical controls for the design of a 48-inch reinforced concrete pipe, approximately 2,500 linear feet. Provided engineering service for the complete design of plan and profile sheets for storm drain, including all hydrology and hydraulic work. iIII JOSEPH E BONADIMAN & ASSOCIATES tole e e e. Exhibit A Attachment 2 '-,1 ,-Ocr:;;' 15 i ';'if ',c,_,";" DII::J \.rI'ell"I::::"I';' : ,,= -' '-'-. - i U i I.JlI:tp . '.' iOO!:': ,_/ Schedule of Rates (7/2005) ....OeVEl.OPMENT SERVICES DEPARTMENT X. XI. XII. XIII. XIV. Hourlv Rates I. Prmcipals (P.E.) Forensic: . . . .. .. . . .. .. . .. . . . . . . . . . . . . . . S21 0.00 Appearance for Depositions and Court 300.00 Preparation for Depositions and Court 250.00 Consultation/Expert Witness 210.00 II. Ill. Project Manager (p.E.) . . . . . . . . Project Engineer (p.E.). 180.00 160.00 IV. Senior Engineer (P.E.)/Surveyor (L.S.) 140.00 V. VI. Associate Engineer (P.E.)/Survcyor (L.S.) Assistant Engineer/Surveyor 120.00 100.00 VII. Junior Engineer/Surveyor. 90.00 VIII. IX. Engineering/Surveyor Technician II . . . . Engineering/Surveyor Technician I . . . . . . . . . . . ...80.00 ....75.00 Draftsperson /II (CAD) Draftsperson II (CAD) Draftsperson I . ...70.00 ...65.00 ...60.00 Bookkeeping . Secretarial . . . . . . . . . . . . .. . .. .. . . . . . .. . . . . .. . . 50.00 . . .. .. .. . . . .. 45.00 XV. Field Engineering: Resident Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 140.00 Field Survey Supervisor. . . . . . . . . . 120.00 Resident Inspector . . . . . . . . . . . 100.00 2-Man Survey Crew (Mileage, Materials & Equipment included) . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . .. 175.00 2.Man Survey Crew Prevailing Wage (Mileage, Marerials & Equipment included) . . . . . . . . . . . . . . . . . . . . . 200.00 3-Man Survey Crew (Mileage. Materials & Equipment included) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220.00 3-Man Survey Crew Prevailing Wage (Mileage. Materials & Equipment included) . . . . . . . . . . . . . . . . . . . 255.00 2-Man GPS Crew (Mileage, Materials & Equipment included) . . . . . . . . . . . . . . . 2/0.00 I-Man GPS Crew (Mileage, Materials & Equipment included) . . . . . . . . . . . . . . . . .. 160.00 XVI. Miscellaneous Services and Expenses: Subsistence. . . . . . . . . . . . . . . . . . . . Marenal & Other Expenses ..... Mileage Charges ............... Prints.............. . Telephone. . . . . . . . . . . . . . . . . . . . . . Outside Consultant Service ............... Cust .............. Cost .. . . .. .. .. .. IRS Rate .......................................................... Cost ......................................d.................... Cost ................. ....................,................... Cost Per Diem ............ . . .. . .. .. . . .. .. . .. . . . . . .. ... .. . " .' . . .. . .. . . .... . .. ... .. $140/Day iJlJOSEPH E 6ONAOIMAN & ASSOCIATES INC EXHIBIT B . AGREEMENT FOR ON-CALL SURVEYING SERVICES THIS AGREEMENT is made and emc'red into this day of 2006 ("Effective Date"), by and between the CITY OF SAN BERJ'iARDINO, a charter city ("City"), and David Evans & Associates, Inc, ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the on-call surveymg services described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Governnlent Code, Section 37103, and holds all necessary licenses to practice and perfOlID the services herein contemplated; and C WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. . NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Contractor shall furnish on-call surveying services to City in accordance with Attachment I "Scope of Services" and the Contractor's proposal dated September 15, 2006, attached and incorporated herein. e 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's perfonnance of this Agrccment. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. ; :', ~ '-)" ~ ::.1:' "'-",-,,;,' ;11 " "',;:dLl".1'. IJ l'\".ll "."" I.'L.j !." ',-1[-' ':~'J:Y"', ::" 1 EXHIBIT B , Ie Consultant shall indemnify and hold harmless City from and against all claims. demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought. or reco\'ered against City for, or on account of any liability under any of the aho\'e-mentioncd laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents 10 engage in, discrimination in employment of persons hecause of their race. religion. color. national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as pennitted pursuant to Section 12940 of the Go\'ernment Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject 10 this Agreement or may have its own employees perfornl services similar to those ser\'ices contemplated by this Agreement. 1.6. Delee:ation and Assie:nment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior \Hitten consent of City. e 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Dutv ill' Lovaltv'Contlict of Interest: The Consultant understands and agrees that as the City's on-call sur\'eying consultant, Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is go\'erned by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et scq. 2.0. CO!\1PE:'\SA nON A:'\D BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such services in accordance with Attachment 2 "Schedule of Rates effecti\'e through June 30, 200T', attached and incorporated herein, subject to an aggregate limit of $130,000 together with other consultants perfornling on-call surveying support. e 2.2. Additional Services. Consultant shall not receive compensation for any ser\'ices provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2 EXHIBIT B . 2.3. Method of Billing. Consultant may submit invoices to City's Managing Engineer for approval on a progress basis, but no more often than momhly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within fony-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services perfomled and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Managing Engineer for inspection and/or audi.l at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFOR:\1A:\'CE . 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Managing Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the pany or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINA nON 4.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2007, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. An administrative extension of one additional year may be authorized, subject to agreement of both parties. e 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 3 EXHIBIT B . 4.3. Comuensation. In the event of termination, City shall pay Consultant for reasonable costs incun'ed and professional services satisfactorily performed up to and including the date of City's written notice of tennination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of tennination of this Agreement, consideration shall be given to both completed work and work in progress. to completc and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. I~SURANCE e 5.1. Minimum Scoue and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad forn1 property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars (51,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation msurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1 ,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. . 4 e e e EXHIBIT B 5.2. Endors~ments. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate. nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives ahd agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Managing Engineer to work 5 e e e' EXHIBIT B directly with Consultant in the performance of this Agreement. Consultant shall designate a Contract Inspector(s) who shall represent it and be its agent in all consultations with City during the tenn of this Agreement. Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings calkd by City. 6.4. Notices. Any notices, documents. correspondence or other communications conccming this Agreement or the work hereunder may be provided by personal delivcry. facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile: and c) 48 hours after deposit in the U.S. Mail as reflected by the official C.S. postmark if such communication is sent through regular . United States mail. IF TO CONSULTANT: Mr. Bemard J. McInally, P.L.S. David Evans & Associates, Ine. 800 N. Haven Avenue, Suite 300 Ontario, CA 91764 Fax: (909) 481-5757 Tel: (909) 481-5750 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "D" Street San Bemardino. CA 92418 Fax: 909-384-5080 Tel: 909-384-5357 6.5. Attomevs' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Goveming Law. This Agreement shall be govemed by and construed under the laws of the State of Califomia without giving effect to that body of laws pertaining to contlict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, Califomia. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6 EXHIBIT B e 6.8 Indemnification and Hold Harnlless. Consultant shall protect, defend. indemnify and hold harmless City and its elected and appointed ofticials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or inj uries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultam, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. e 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fecs, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. e 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 7 EXHIBIT B e 6.]:. Responsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an en'or or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited EmDlovment. Consultant will not employ any regular employce of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agrcement and any of the attached Exhibits or Attachments, the tcnns set forth in this Agreemcnt shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly providcd herein. e 6.16. No Third Partv Beneficiarv Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be dircct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreemcnt. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an" ambiguity or question of intent or interpretation arises with respcct to this Agreement, this Agreemcnt shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.] 9 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. e 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such perfornlance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or 8 EXHIBIT B e event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severabilitv. If any provision of this Agreement is detennined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are fonnally bound to the provisions of this Agreement. e ill e 9 EXHIBIT B e AGREE:\IENT FOR O:'i-CALL SURVEYll'\G SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation CONSULTANT David Evans & Associates, Inc. By Patrick J. Morris, Mayor Signature Name and Title e Approved as to form: James F. Penman. City Attorney By f)+~ e 10 e e e Exbibit B Attacbment 1 CITY OF SAN BERNARDINO Pl'BUC WORKS ON-CALL SURVEYING SUPPORT SCOPE OF SERViCES The work shall consist of, but IS not limited to, the Consultant providing a "Survey Party" which shall perform constructIon staking, right-of-way surveymg, intersection monumentatIon and ties, recovery and,or restoration of monuments, topograpll1c surveying, etc. as directed by Ihe Field Engineer. The City will obtain all necessary pernlits from outside agencIes. However, the Survey Party will be required to perfornl all necessary coordinatIOn with outside agencies, utIlities, and other City Departments, including traffic control. as it relates to the surveying for the \\'ork. Before acceptmg an assIgnment, Consultant shall notIfy the City in "Titing if the use of a three- person party will be required to accomplish the work. OtherwISe, payment wJll only be authorized at the two-person Survey Party at the prevailIng wage rate. Consultant shall provide all necessary equipment and matenals for satisfactory performance of the work by Survey Party. This equipment shall include, but is not limited to, a suitably equipped survey truck in excellent operating condition, high visibility safety vests and hard hats, traffic cones and warning devices, commonly used equipment for surveying, such as data collector, transit, levels, rods, chains, etc., calculators, cellular telephone, small measuring devices, pens, pencJls, paper and other survey related equIpment and materials. All equipment supplIed to the Survey Party by Consultant shall be operated and maintained at no additional expense to the City. All safety equipment and workplace attIre worn by the Survey Party shall conform to OSHA regulations. The Consultant shall provide all office support for Survey Party, includIng, but not limited to, computer, clencal, message center. accountmg, equipment maintenance, etc. Traffic control necessary for safety of the Survey Party and the traveling public shall be the responsIbility of the Survey Party, unless otherwise authorized in wnting by the City Engineer. Survey Party shall maintaIn a close liaison with the Field EngIneer at all tImes while the work IS proceeding. Consultant shall pro\'Jde a 2-person or 3-person Survey Party, as appropriate, subject to approval of the Field Engineer. The Survey Party shall work under the supervision of a Licensed Land Surveyor or Civil Engmeer licensed to practice surveying in the State of California. The duration of the Contract with the selected firm shall be one-year with a provision for an admmistrative extension of one additional year, subject to agreement of both parties. The total cost of this project will not exceed $130,000 in any fiscal year. Survey notes shall be provided in hard copy and in electronic format suitable for export to AutoCAD format (dwg). . . . .e . . . . . . . .. .. .. .. .. .. .. .. .. "e .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Bernard 1. Mclnally, P,L,S. "e . Vice President / Project ~anager .. ~ ~ ~ , - Exhihit B Attachment 1 September 15, 2006 Mr. Michael Grubbs, P.E. City of San Bernardino 300 Nonh "0" Street. 3'" Floor San Bernardino, California 92~ 18 Dear Mr. Grubbs: On behalf of David Evans and Associates, Inc. (DEA), I would like to thank you for providing us the opportunity to submit our proposal for the above mentioned contract. DEA has been providing land surveying services for over 20 years in the Southern California area. With our full service, multi-disciplinary firm operating nationally from 22 offices in 6 states, DEA is capable of performing a variety of land surveying services. Locally, DEA can field up to 14 fully-equipped field crews and we have ample staff to do the work! We have a local Inland Empire office located in Ontario, where the work on this contract will be performed and managed. We have had an Inland Empire presence since 1988, originally located in Riverside and now in Ontario for the past 10 years. We have tremendous experience in monument perpetuation. design, construction, right of way, GPS. and control surveys. Some of the projects we have worked on can be found in Section 3 of this submittal package. All of our field surveyors are members of the Union of Operating Engineers, Local 12. As such, DEA has paid prevailing wage to our field employees for the past 20 years. Vital to all field activities is safety and our firm is dedicated to safety. Safety is a primary consideration in all job performance but especially so when working along the busy city streets and highways. DEA's field crews hold bi-monthly safety tailgate meetings which allows all the employees on any particular project to be "in the know". Our office staff holds a monthly safety meeting with an office appointed safety monitor leading the meeting. Minutes are taken at each meeting and posted in the office for all to view and make comments. We are conlident that the following information will illustrate that DEA's project team, who has successfully completed land surveying contracts for other municipalities and agencies, will provide the city of San Bernardino with superior surveying services for the successful completion of your projects. Our personnel are highly qualified to do the work and are thoroughly excited about this contract. We look forward to working with the City on this contract in the near future. Sincerely, DAVID EVANS ^,"<D ASSOCIATES, INC. ) '. 3CC \~,:~~ :'<:\'-:-:;' ,i-'."e ."P :_i:t,:- :':.::; ''""''''''.C:;' ',-:1 :i. ~:7::j ?C'j.48~ 37:2 ;ax3;:So~,::~ 5'-37 . . . .e . . . . . . I I I I I I I I I Exhibit B Attachment 1 Proposal to provide On-Call Surveying Support Services Prepared for (he City of San Bernardino Mr. Michael Grubbs, P.E. 300 Nonh "0" Street, 3rd Floor San Bernardino, California 92418 (909) 384-5111 Fax: (909) 384-5155 .e . Prepared by David Evans and Associates, Inc. 800 Nonh Haven Avenue, Suite 300 Ontario, California 91764 Contact: Bernard J. MClnally, P.L.S. bJrnc@deainc.com (909) 481-5750 Fax (909) 481-5757 Additional Southern California offices in Irvine, Palm Desert, and San Diego Ie I September 18, 2006 ~,.o.""". , '. " , o . .'.."...... " e e ~,.o,."'., " .......,. ~ ..'.",0.... v Table of Contents Section 1: Project Understanding / Scope of Services Section 2: Team Organization and Experience Organization Chart Resumes Section 3: Relevant Experience Section 4: Exceptions / Deviations Section 5: Licensing and Certification Requirements Exhibit B On.Can SUri<:',iT"J S' ~~~:\c!1ffl~n:1) Section 6: Cost and Price Schedule (under separate sealed envelope) Appendix A: Firm Information e . I I I . I I I :e ~,.o""..." , ,~ o o , > ~~ ..,.' ",,.,0 Section 1: Project Understanding I Scope of Work DEA understands that the city of San Bernardino has need for public worb on-call sun"eying support for its Capital Improvement Program (CIP) and tbattbe work will include construction Sltlking, right-of-way surveying, intersection monumentation and ties, recovery and/or restoration of monuments and topographic surveying. and other sun"ey support. as required. Exhibit B Attachment 1 t ~~_. ":;I'<~~~;(:?..~~. ....:.... ..., It is also our understanding that the City will obtain all necessary permits from outside agencies and that DEA will be required to perform all necessary coordination with outside agencies. utilities. and other city departments, including traffic control, as it relates to the surveying for the work. Before accepting an assignment. DEA will notify the City in writing if the use of a three-person crew will be required to accomplish the work. Normally, a two-person survey crew should be sufficient to accomplish tasks assigned under this program. DEA will provide all necessary equipment and materials for satisfactory performance of the work by DEA survey crews. This equipment shall include, but is not limited to, a suitably equipped survey truck in excellent operating condition. high visibility safety vests and hard hats, traffic cones and warning devices, as well as commonly used equipment for surveying, such as data collectors" total stations. levels. calculators, cell phones, and other standard suney-related equipment and materials. All equipment supplied to the field crews will be operated and maintained at no additional expense to the City. All safety equipment and workplace attire worn by crew members shall conform to OSHA regulations. DEA will provide all office support for assigned field crews, including. but not limited to, computers, clerical, message center, accounting, equipment maintenance, etc. We understand that traffic control may be necessary for the safety of the survey party and the traveling public. DEA survey personnel are very familiar with traffic control procedures and will be responsible for maintaining traffic safety, unless otherwise authorized in writing by the City Engineer. DEA field crews will maintain a close liaison with the field engineer at all times while the work is in progress. Additionally, all work will be conducted under the supervision of a licensed land surveyor or civil engineer licensed to practice surveying in the State of California. Survey notes will be provided in hard copy and in electronic format suitable for export to AutoCAD format (dwg). It is understood that projects will be assigned at the sole discretion of the City Engineer, and that the City may use its own employees andlor other consultants to perform surveying in addition to any such work assigned to DEA The need for on-call surveying may vary significantly during the contract period, and there is no guarantee provided as to the volume of work that may be assigned. In the course of providing on-call surveying support, DEA will avoid situations involving an actual or potential conflict of interest, and will act in the interest of the City. Any potential conflict of interest know to DEA will be discussed with City staff at the earliest possible opportunity. ~ . . . . . . . t t . . . . . . :e . . . . l l l l I l I :e )9) .~.,.". )0 ->,.' Exhibit B Attachment 1 DEA's land surveying project approach is to pro'. ide a single point of contact for the City's survey task manager. in order to facilitate the implementation. coordination and monitoring of each task order. DEA's survey manager for this assignment is Mr. Bernard 1. McInally. P.L.S. His 17 years of experience provide him and the City with the level of experience needed to foresee issues on the project before they become problems and to manage each task order to a successful conclusion. Our understanding of the scope of services required for the various field survey task orders is as follows: Construction Surveys DEA personnel are continuously engaged in construction staking projects. Our senior party chiefs are all experienced in horizontal layout, routing and construction surveys. DEA's survey crews are equipped with laptop computers and various software application packages to complement our crews' Leica total stations. During the past ten years. we have provided construction surveying for roads. bridges. freeways and new plant facilities. In addition. DEA field surveyors have experience with construction surveying on tunnel and railway projects. Monumentation Perpetuation DEA understands that monumentation perpetuation is a critical element to all projects. Prior to construction. research and recovery of the existing survey monuments within the projects limits must be completed. Found monuments must be tied out and pre-construction comer records filed with the County Surveyor's Office. Monuments which have been disturbed or destroyed during construction shall be replaced per the 1997 Land Survey Act, Article 4, Section 464 - Comer Records. Post construction corner records are filed with the County Surveyor's Office following the completion of construction activities. DEA is currently providing these services to the cities of Moreno Valley and Ontario. Topographic Surveying Topographic surveying is one of DEA's specialties. Our use of electronic data collection heightens our ability to deliver high-quality. digital. topographic data in a timely manner. Of the 52 crews we typically tield on any given day, 15 to 20 are usually involved in boundary and topographic surveying efforts. We pride ourselves on being particularly adept at topographic surveys in part because of our use of state-of-the-art theodolites and data collection systems. We use Leica Total Stations and the accompanying PC cards for data recorders. As a part of our "Quality Management" efforts, we have developed a uniform set of data collection codes that are used by all survey personnel with DEA. We also are able to incorporate photogrammetrically gathered data from existing topographic tiles, or create a composite product utilizing captured data from photogrammetrists. Recent examples of our work include design surveys for the city of Ontario on various improvement projects. DEA performed these surveys in accordance with city of Ontario standards and guidelines. DEA tield surveyors and oftice technicians were also responsible for performing a detailed topographic survey along Mission Boulevard for Riverside County EDA. Boundary Surveys DEA performs many projects each year that involve research of land records, determination of property lines and retracement and resetting of Public Land Survey System (PLSS) comers. DEA surveyors are invol ved in cadastral work on a continuing basis. DEA has performed cadastral surveys for various agencies in the Southwest. We recently mapped 537 sections of land for the USACE, Los Angeles District. To perform thetask, extensive research of township plats and original " - .. .. .. .. .. .. .. .. .. -- -- -- -- -- .. .. -e -- .. .. .. III .- .- . .. .- . III 1\ . . . ~e 0'" : )9) . """H ,0.'.- It Exhibit B Attachment ];8 government field notes was required. On another project. the Eastern Transportation Corridor. DEA performed cadastral surveys utilizing GPS technology over rugged, mountainous terrain. The survey involved reconnaissance and establishment of over 100 cadastral comers, resulting in the recording of three record-of- survey maps. Global Positioning Systems (GPS) DEA's surveyors have been performing control surveys for governmental and private clients for many years. GPS has become the tool of choice for conducting these surveys. Fifteen years ago. DEA became one of the first firms on the West Coast to embrace this technology. Because we have been using GPS techniques for such an extended period, we have gained the experience and knowledge to solve complex survey control problems for our clients. Real-time kinematic (RTK) and on-the-fly (OTF) integer ambiguity resolution are two recent advances in the GPS arena with which DEA is very familiar. Continuous kinematic is another procedure used by DEA and only differs from OTF in the initialization process. Using dual frequency (L-l/L- 2) Trimble and 4000Ssi, 4700. 4800, and 5700 geodetic, internal data logging receivers. we have employed RTK, OTF, and continuous kinematic, as well as the more conventional static. rapid static, and kinematic procedures. We have perfonned surveys with the use of GPS control surveys utilizing receivers in the fast static mode; truck mounted antennas using on-the-fly (OTF) kinematic methods to map the roadways, while real time kinematic (RTK) surveys and terrestrial surveys were used to tie in specific features on indi vidual sites. DEA has also been at the forefront of airborne GPS operations. This process involves differentially positioning the camera in the airplane. DEA has been a beta test site for the development of this process with TRIMBLE NA VIGA TlON. Right.of.Way Engineering/Mapping Right-of-way services include corridor studies, precise alignments, acquisition documents, records of survey, right-of-way maps, appraisal maps, and vacation maps. Individual legal descriptions and plats are prepared for each parcel requiring right-of-way. The new right-of-way lines are calculated to encompass design improvements, parkway and other future considerations. The area of each record parcel affected by this new right-of-way line is calculated and included in a legal description and plat for property acquisition and inclusion in a Grant Deed. DEA recently provided right of way engineering services on State Route 210, State Route 138, and State Route 2. Field-to-Finish Mapping DEA employs leading edge field-to-finish surveying and mapping technology to produce cost-effective, highly accurate, and aesthetically pleasing mapping products. Field-to-finish refers to the ability to electronically gather, process, and map survey information. Any surveying and mapping project can now be perfonned on a . field-to-finish system. Site and utilities mapping are particularly good applications for field-to-finish technology. The benefits include speed calculations and mapping portion of projects by up to 50% and reduced time-consuming manual note-taking, drafting, etc. to minimal levels and in some cases eliminates manual efforts entirely. The processed data is electronically exported to a CAD system (AutoCAD, Microstation) or GIS for final map design. The finished product is a very accurate graphic representation of various site features, produced in a format best suited to our client's needs. The mapping may be produced in several layers, each depicting a specific feature. For example, one layer may detail underground utilities, another may show buildings, and so forth. These layers may be combined and separated in any fashion desirable. 1 11 .; .~i~;M 1 : ~ :.~""':~:.:~l~~:c-::;;_:,-~;~{~'-r~ Ii -~-._----:- - -~....... ~- ~ ';"-~:':' . .._, __ .".:-1 I; " - Exhibit B Attachment] Mapping Compliance DEA has filed record of survey maps with various agencies in California, Arizona. Nevada, and New Mexico. These surveys comply with the governing agencies" requirements for filing a record of survey. All of the surveys show a complete boundary of the site along with the horizontal control utilized for any boundary determinations. DEA has recorded record of survey maps for GPS surveys, cadastral surveys, alignment surveys. and boundary surveys. In addition, DEA is providing map checking services for the city of Ontario and the San Bernardino County Surveyor's Office. It It It . . . . . . . ~ ~ I I I 3D Laser Scanning (HDS) DEA is a leader in 3D laser scanning capabilities. The advantages of this service is immediate results, cost-effective data acquisition, and it reduces site visits and rework. The system provides a complete archive of data for future reference and automatically captures data in 3D providing significant savings on modeling and measuring. DEA has used 3D laser scanning for large structures and objects and it provides a reliable 2-6mm accuracy. AL T A Surveys DEA performs AL T A surveys for public and private sector clients throughout the western United States. These surveys have been performed to AL TN ACSM Land Title Survey Standards on properties ranging from completely vacant lots to fully developed properties. All of the surveys have included a complete review of the title and rellect a complete boundary and any pertinent easements. All of the improvements are shown on the surveys and the final drawing is prepared using CAD. 'e I Hydrographic Surveys DEA provides advanced hydrographic surveying services from our own custom-designed survey/research vessels or a vessel of opportunity. Our hydrographers are trained in the latest navigation and hydrographic data acquisition techniques and equipment, including differential GPS, heave compensators, multi-beam sonar, gyro integration, and digital side-scan sonar imaging. This advanced training and our state-of-the-art equipment ensures DEA's clients high-quality products completed in a timely manner. Our marine group prides itself in its ability to customize a data acquisition program to meet specific project needs, integrate a wide range of unique instrumentation, and provide innovative mapping from data acquired through remote sensing. Special Studies DEA has performed special study surveys for land acquisition. property ass.essment, property ownership, zoning, slope analysis and special districts. These srudies typically require a total research of existing parcels within a given area. DEA has performed special studies for the US ACE, Los Angeles District as a part of the expansion of the Fort Irwin project in California. \I) .,.....,..... ~ .. .. .. .. .. .. .. .. .. tit tit III III III III ~ III ~ II II lit It .. 8 - If .. .. . . . :e : )9\ . ..,'...,..... ~ Exhibit B Attachment 1 Section 2: Team Organization and Experience DEA has assembled a qualified project team that will fully respond lO the city of San Bernardino's needs. DEA places a high regard for quality, timely performance, and precise communication when utilizing the services of a consultant. Our management structure explains the appropriate "chain of command" and reponing responsibilities. This organization and structure is very imponant for our clients. suhconsultants. the project goals and DEA. Please note that the individuals shown are supponed by over 1,000 professionals located throughout DEA. I&J City of San Bernardino Mr. Michael Grubbs, P.E. J Proiect Manager Bern~rdicMc:ll'Ially, P.L.S. .<t':r.~,~~~yi~~~Q,g~::, , .. (:'~A::'Sf~~J1~!;f',~.~.::. ;':~\~~-~?~';,:-~~-~;:~:f;!;'~';~7;~-::~;;i<~-'t: '-~' David Evans and ~ Inc, (DEAl ,------ I Office Survey Personnel I j GPS Lisa Henstridge, P.L.S. Field Survey Personnel FIelD SURVEY Jayme Tarbert, P.L.S. Jerry C. Woodrow, P,L,S, Nick Lewis, P.L.S. Oliver O. Rocha, L,S,I.T. Jose Alcantora, L,S.I.T, 14 Field Crews SURVEY ANALYSiS Ryan Versteeg, P,L.S. Brian Maclellan, P.E, Karina Gorza, E.I. T. Tim Garcia, L.S.I.T. CADD John Colgrove Bernard J. MClnally, P.L.S. - Mr. McInally will serve as project manager and will be the key contact to the City. He will plan. coordinate. and monitor the elTon of the project team, in addition to ensuring conformance with the client's requirements, technical accuracy, and timely completion. He will prepare monthly progress repons, conduct monthly progress review meetings, and coordinate the preparation, reviews, documentation and submittal of all transmittals and deliverables to the client. Mr. McInally is DEA's survey discipline director and a vice president of the firm. His experience in the surveying field encompasses more than 17 years. He has served as project manager for a variety of on-call contracts with various agencies including Caltrans, OCT A, SANBAG, and RCTe. In the role of project manager, Mr. McInally will be responsible to assure that tasks are performed within the standards that have been established. " .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. ~ .. .. .. .. .. .. .. " " .. " " " " " -eo,"" : )9) . """~' _,0 .'~ . Exhibit B Attachment Is Cliff A. Simental, P.LS. - Mr. Simental will serve as principal in charge on this project. He is the Southern California regional manager and a senior vIce president with DEA. He is a licensed professional land suneyor registered in California with over 30 years of surveying experience including topographic. boundary. control. construction. AL T A. cadastral and GPS surveying. Mr. Simental is responsible for the overall coordination and administration of the surveying services required on each project, including the field personnel. He is committed to providing high quality. leading-edge surveying services. He has worked on various types of projects including on-call surveying contracts for Caltrans, SANBAG, and the U,S, Army Corps of Engineers. Jayme Tarbert, P.L.S. - Mr. Tarben is a project surveyor. He has over 33 years of experience in the surveying field originally staning his career with the Idaho Depanment of Transponation. He has provided a variety of surveying services over the years including construction, topography, boundary, AL TA, GPS. control. cadastral and design surveying. Additionally. Mr. Tarben served as the chief project surveyor on various roadway rehabilitation projects. Jerry C. Woodrow, P.L.S. - Mr. Woodrow is a cenified pany chief. He has over 31 years of experience in the survey field. He has worked on a variety of projects including the seven Oaks Dam project, transponation projects, and large pipeline projects. He is experienced in all aspects of land surveying including construction, boundary, topographic. aerial control, topographic, and GPS surveying. He is also adept in computing and analyzing survey field data. Nicholas J.D. Lewis, P.L.S. - Mr. Lewis is a pany chief with over 23 years field experience in the survey industry. His practical field survey experience includes light rail, dams, tunnels, freeway. bridges, landfills, and residential tract projects. His experience covers AL T A surveys. highway design and layout, establishing control. topographic surveys, aerial targets, boundary staking field calculations, grid grades. construction staking, subsidence monitoring and as-built surveys. Oliver O. Rocha, L.S.I.T.. Mr. Rocha is a pany chief with over 18 years of experience in the field of land surveying. He has been invol ved with numerous survey projects consisting of construction, AL T A, route surveys, topographic, boundary, and GPS surveying and a variety of projects including highways, roadways, and site development. Jose Alcantara, LS.I.T. . Mr. Alcantara is a survey technician. His experience in the surveying field encompasses more than 8 years. He is very familiar with and has performed AL T A, topographic, boundary, control, construction surveys. He has also performed final mapping and CAD drafting tasks for AL T A, topographic, and boundary surveys. Lisa Henstridge, P.L.S. - Ms. Henstridge will lead the GPS survey elements of this project. She is a project manager, project surveyor, and geodesist. As a specialist in geodesy, GPS and survey data management, her responsibilities included network adjustments, field to finish data management utilizing various CAD platforms, analysis of survey data, preparation of land title descriptions and exhibits, right-of-way engineering, and the preparation of maps, title documents, repons, and project exhibits. Ryan Versteeg, P.LS. - Mr. Versteeg serve as the lead survey analyst. He is a professional land surveyor with over 9 years of experience in this field. His experience includes oversight and direction of team members for several large projects, mostly in the transponation market sector. His experience includes boundary calculations, easement calculations, AL T A surveys, design surveys, records of survey, and field ~ - . . . . . . . . . . II II II II :- It It ~ . . . . . , , . . . . . :- : )9) . ~""-H ,0 ..,.~ . Exhibit B Attachment t data processing. He has been responsible for writing legal descriptions and providing drafting assistance on various exhibits. His compUler software knowledge includes StarNet, Geodimeter Tools, Microstation. Bentley InRoads. and AutoCAD. Brian MacLellan, P.E. - Mr. MacLellan will assist with the survey analysis. He is a California registered civil engineer with over 19 years of experience in the engineering and surveying fields. He has been instrumental in the preparation of tract maps, parcel maps, and subdivision/improvements plans for a number of large undeveloped areas in Southern California. He has also been responsible for providing coordinates for field crews. He has been involved in ALTA.topographic, and boundary surveys and has an extensive background in boundary analysis. Karina Garza, E.I.T. - Ms. Garza will assist with the survey analysis. She is a survey analyst and has the necessary experience and expenise to make precise survey measurements; interpret legal descriptions of real propeny; and interpret the less difficult survey calculations. She applies and utilizes the principles of the California Coordinate System; performs research. analysis. checking and adjustment of survey data. She also performs research and compiles evidence and documentation for boundary determination; assists in the planning. direction and coordination the work of a group of survey and right-of-way engineering personnel. She has been responsible for mapping and drafting; analyzing situations accurately and taking effecti ve action; preparing clear and concise repons and correspondence; writing propeny descriptions and preparing legal land documents and descriptions. Tim Garcia, L.S.I.T - Mr. Garcia will assist with the survey analysis. He is a project surveyor, GPS survey analyst. and associate with DEA. Over the past 18 years. he has gained diverse survey experience, including boundary analysis. construction staking. right-of-way monumentation, AL T A, and topographic surveys. He is also very familiar with agency standards from the work he has performed on a variety of agency projects. John A. Colgrove - Mr. Colgrove will perform CAD design. He is a survey CAD technician. He has over 5 years of experience in the engineering and surveying fields and is adept in the skills of Microstation, AutoCAD and Map Info. He has been responsible for providing CAD drafting services on street improvement plans, topographic maps. sewer plans, water plans, bridge plans, and grading plans. Mr. Colgrove also has tremendous experience in providing plans for a variety of agency projects. v it it it I) I) it ~ it it it . .. . . :e . . . . . . " It . it . . . . . :- : )9) . "., .... 'h )0 . Appendix A: Firm Information Since 1976. David Evans and Associates. Inc. (DEA) has been providing mull i- disciplinary design services 10 clients in the public and private seClOrs. including: . Architecture o Civil Engineering o Landscape Architecture o Land Surveying o GPS Surveying o Land Planning . Environmental Planning o Structural Engineering . Telecommunications Engineering o GIS Mapping o Right of Way Acquisition o Natural Resource Management o Transportation Planning/ Engineering/Design . Environmental Engineering o Construction Management DEA has an aggressive, firmwide quality management (QM) program. To maintain a consistently high level of quality, DEA: o designates a professional staff member as central contact for each client to . ensure that the client's needs are met o organizes OM committees in each office to identify issues, develop recommendations, and implement solutions . establishes a quality and control program based on Corporate standards and training, office processes and documentation, and project specific quality control plans Exhibit B Attachment 1 DEA Statistics: o Over 1,000 personnel in 22 offices o Located in California, Arizona, Colorado, Idaho, Oregon, New York and Washington o No. 78, ENR (Engineering News Record) Top 500 Design Firms o No. 47, ENR Top 100 "Pure Designers" in the nation o Founding member of GDA (Global Design Alliance), a national consortium of prominent U.S. architecture and engineering firms DEA is committed 10 using the most powerful, advanced graphics and mapping systems. including: . Microstation o Intergraph InRoads o AutoCAD o ARC/INFO GIS o GPS o L1SCADD DEA is a corporation organized under the laws of the state of Oregon, Our federal identification number is 93-0661195. From its inception on April I, 1976, DEA has grown to include 123 stockholders, Current financing in addition to stockholder equity consists of accounts receivable from 401 SW Fifth A venue, Portland, Oregon 97204. DEA's contact is Richard Pickwick, (503) 225-1753. For 2005, DEA's business volume reached $117, I million, Limits Comprehensive General Liability Automobile Liability Workmen's Comprehensive Insurance/Employer's Liability (Umbrella covers over $500,000 in California) Professional Liability Insurance $2,000,000. $1,000,000 $ 500,000 $5,000,000 Insurance ComDanv Names Continental Casualty Insurance Kemper National Allent and Phone Number Bruce Oleszczek (503) 306-2809 " . . . . . . . . . . . . . . . . Mr. Glen Scott . (909) 395.2025 . City of Ontario 303 East "6" Street, _riO.CA 91764 . . . . . Exhibit B Attachment 1;" Section 3: Project Experience DEA has organized an experienced group of individuals for the required services that will provide the City with a responsive, technically competent. and efficient team. DEA is proud to present a strong team with the knowledge, experience, and enthusiasm to achieve your goals and to incorporate the participation of our staff at key points on the projects. DEA provides construction and design surveying services on a daily basis and can assist the City on a variety of projects. We have the ability to field 14 fully-equipped field crews and have ample survey office personnel to provide the required support services. We pride ourselves on being particularly adept at design surveys in part because of our use of state-of-the-art theodolites and data collection systems. As a part of our Total Quality Management efforts. we have developed a uniform set of data collection codes that are used by all survey personnel with DEA. Furthermore, DEA is one of the top ranked firms in Southern California to provide construction surveying services. This is indicated in the amount of repeat business that DEA receives from clients such as the city of Ontario, the city of Moreno Valley, the city of Pasadena, Caltrans. San Bernardino Associated Governments, Riverside County Transportation Commissions, Metropolitan Water District, and the County of Los Angeles to name a few. This section highlights projects which have been performed by DEA surveyors over the last few years. DEA has over 25 years of experience in providing surveying services on a variety of projects for numerous public sector clients. DEA is currently under contract with the city of Ontario to provide ,"_ land surveying services. The services being provided on this contract consist of, but are not limited to, topographic surveying, control surveys, design surveys, field-to-finish mapping, construction surveys, boundary surveys. GPS surveying. 3D laser scanning, right of way engineering and mapping, title searches, AL T A surveys, and special studies. Some of our current task orders under this contract are to provide monumentation perpetuation services for the city of Ontario's resurfacing program. DEA surveyors have filed in excess of 50 comer records with the county of San Bernardino for this project. DEA is also providing design surveys for street and alley reconstruction project and construction staking for various street improvement projects throughout the city of Ontario. . Mr. Larry Gonzales, . P.E. (909) 413.3136 DEA is providing monument perpetuation services and construction staking surveys to the city of Moreno . ~iW of Moreno Valley on their annual roadway resurfacing program for 2004-2005. DEA staff is responsible for the .1:1;r Fred' k St t research of existing monuments. referencing the found monumentation, and providing pre-construction Moreno Val~~ clee, comer records to the Riverside County Surveyor's office standards. Following construction, DEA is .92552 ' responsible for replacing monuments that have been disturbed or destroyed during the construction. DEA . is responsible for re-establishing the monument position with the pre-construction tie notes, set the new monument, and file a post construction comer record with the Riverside County Surveyor's Office. . .Mr. Tom Melendrez .(909) 395.2025 City of Ontario .303 East "6" Street, ~no,CA 91764 On behalf of Caltrop Engineering. who was under contract with the city of Ontario, DEA provided construction surveying services for this grade separation project. DEA provided a variety of services on this project including bridge construction, shoo-fly construction, utility construction, street improvements, 'parking lot construction, final monumentation and filing the required record of survey utilizing Caltrans standards and methodologies. The project separated the grade of Grove Avenue from the Union Pacific tracks to allow for continuous and uninterrupted vehicular traffic flow. . III III a 38....."..... . '. , , , " .'" .... ~D'" '.. ,0 "1liir ~r. Carlos Zamano, ~.E. (909) 413.3130 City of Moreno ~alley ~14177 Fredrick Street, Moreno Valley, CA ~2552.0805 ~ ~ II!} Mr. Dan Rix ~626) 744-4267 II!}City of Pasadena For the past 10 years, DEA and DEA staff have prepared legal descriptions and plat maps and have 100 N. Garlield Ave. provided plan check services on behalf of the City of Pasadena. DEA engineers and land surveyors haVe l@f'asadena,CA 91109 provided checking of the tract and parcel maps. 'Mr. Tim Wassil, P.E. ':760) 776-0237 ,City of Indian Wells 44-950 Eldorado Dr. _:'lens, CA .. .. 'OMr. Keith Kramer _(909) 350-6644 City of Fontana. "epartment of Public Works .623 Orange Way, Wontana, CA 92336 . .. . -Mr. Darren Kettle .909) 884-8276 ~irector of Freeway ~onstr1Jctlon jtSan Bernardino . Associated iIlGovernments .west 3rd ,2nd Floor emardino, CA ~2410.1715 Exhibit B Attachment \0 DEA has been working to improve several vital transportation corridors throughout the city of Fontana for the last 2 years. As part of an on-call contract, DEA surveyors have performed design. construction. and monument perpetuation services for roadway rehabilitation projects. This contract is ongoing and. due to our successful performance, DEA is already discussing future transportation improvements to come. Some of these projects indude: Design and Construction Surveys Design Survey Design Survey Construction Survey Design and Construction Surveys Design and Construction Surveys Design and Construction Surveys Design Survey Design and Construction Surveys Design Survey Design Survey Design Survey Design and Construction Surveys Design Survey DEA was recently awarded a contract by San Bernardino Associated Governments (SANBAG) to provide construction surveying services on the [-215 5th Street Overcrossing project. The project is an early bridge contract that will replace the existing bridge over the [-215 and adjacent railroad. [t is a vital link in the overall [-215 Freeway improvement plan and will relieve traffic congestion while minimizing environmental impacts to the surrounding communities. DEA recently provided the city of Moreno Valley with construction surveying services for the improvements to Veteran's Way (previously Newhope Street), Alessandro Boulevard and Calle San Juan De Los Lagos. The project involved the construction of the new roadway and the reconstruction of existing pavement. It also involves the installation of sewer, water. curb and gutter, storm drain. catch basins. and electrical and traffic signal improvements. DEA also provided pre.construction comer record information for the survey monuments with the project limits and was also responsible for producing a record of survey when the project was complete. ..'c ~~."....~-'- DEA is currently providing integrated engineering, surveying, and landscape architecture design services for Miles A venue between Washington Street to the new bridge north of Hwy. III (approximately 5,000 feet of roadway) in the city of Indian Wells. Improvements will include widening the roadway, providing landscaped raised medians, and parkway improvements. , , " . 39""''''', , '. . o ~ "" ./ ~O" 'H ).. 1iir . . . . . Mr. Famad Agahi (626) 458.7871 DEA has been contracted by the County of Los Angeles. Department of Public Works (as part of their . Los Angeles Accelerated Road Construction Project), to provide civil engineering and surveying design services on this . County: Department project. The project involves the resurfacing, reconstruction and/or widening of 19 streets in the vicinity of PubliC Works or intersecting with Eastman A venue in an unincorporated portion of Los Angeles County. Five of the .900 S. Fremont Ave., streets required overlay, while seven streets required the addition of curb and gutter. Initially, DEA 6th Floor Alhambra 'd h C . . hid . . d' 1 b ., h . . CA 91803 'proV} ed t e ounty WIt a camp ete eSlgn survey. cross sectIOns. an aena ase mappmg ,or t e entire project site. DEA will also provide full plan and profile street improvement plans. Design services on this . project also involve compliance with ADA standards. The total length of the project is approximately . 14,500 lineal feet. . Ms. Andrea Nieto. . Spinks DEA is currently providing mainline construction surveying services on . (909) 875.6029 X212 Segments 9-11 for the construction of this new freeway in San San Bernardino Bernardino County. DEA also provided construction surveying . Associated services on segments 1-5 & 7 which are now open to commuter traffic. _roments The segments are located in five cities - Upland, Rancho Cucamonga, .'fIfE Arrowhead Ave. and Fontana, Rialto and San Bernardino. DEA surveyors are providing · Bemardlno, CA construction staking for bridge structures, clover and diamond-type .92401 interchanges. sound walls. grading. and various channels. DEA has also provided staking for detour roads, which are helping to facilitate surface street traffic during the construction of the freeway. The westerly end of project ties into the 1-210 currently being constructed by Caltrans District 7. making coordination between Caltrans District 7 & 8 a vital part of this project. The easterly end of this project will transition into the existing Route 30 Freeway in San Bernardino. . . . .. .. .. .. " " " .. .. " .. " " " :- : )9) , .,.....,..... . Mr. Chuck Peer. P.L.S. (626) 458.5144 County of Los Angeles 900 S. Fremont Ave. Alhambra, CA 91803 Exhibit B Attachment 1 From 2002-2004, DEA provided a variety of surveying services for the county of Los Angeles, Department of Public Works. Services provided by DEA during this time involved design surveys for street rehabilitation projects and design surveys at detention and coun facilities. - " -' .J.. . . . :e . . . . . . . . . . . . . . -. :e . . . . . . . It . It . . . . It :e It t t ~ Exhibit B Attachment 1 PROPOSER'S CERTIFICATION FOR ON-CALL SURVEYING SUPPORT The undersigned hereby certifies that I am an officer of the firm submitting the attached proposal and that I am authorized to submit said proposal on behalf of my firm. I hereby bind my firm to this proposal and state the following (if submitting a proposal): This offer shall remain valid for 90 days from the RFP close date; and All terms and conditions as set forth in this RFP shall apply to this offer; and In signing this offer, I warrant that all certifications and documents requested herein are attached and properly completed and signed; and I certify that I have received all addenda as indicated below and have incorporated the addenda in the attached proposal. Verification of Addenda Received Addendum No: Addendum No: Addendum No: Received on: Received on: Received on: Proposal Attached: Yes X No . If No, Pleasp. sign. date. provide company information and explain reason for not submitting in r~marksllelow. Authorized Signature: Print Signer's Name and Title: Bernard J. Mclnally Vice President! Survey Discipline Director Date Signed: September 15. 2006 Company Name & Address: David Evans and Associates. Inc. 800 North Haven Avenue. Suite 300 Ontario, CA 91764 Phone: (909) 481-5750 Fax: (909) 481-5757 Remarks: Page 2 of 13 r-:---- e - Exhibit B Attachment 2 Schedule of Hourly Billing Rates Rates Effective through June 30, 2007 I Office Staff: I Principal $185.00 Project Manager $155.00 Professional Engineer $145.00 - Professional Land Surveyor $145.00 Professional Landscape Architect $135.00 Professional Architect $135.00 Professional Planner $135.00 e Civil Designer $125.00 Survey Analyst $130.00 Landscape Designer $105.00 Land/Environmental Pianner $105.00 CADD Designer $105.00 CADD Draller $90.00 Clerical $70.00 Note: Authorized overtime will be charged at 1.5 times/he above rate. I field Staff:.' - - -~- !t';'.;i:-<i:~--:1.~~ ~":'_:~~~" :(', ~ ~" ;I~-'-: :~':-';l "c..' -\-";.," ." f;~' .-ir :,::..1 -"'...'.;,",-.;.. 2-Person Survey Crew $225.00 $285.00 3-Person Su rvey Crew Note: Per union agreement, there is a 4, 6 and 8-hour minimum charge for field survey work. e :R~irn~\Jr~l~ iXP~n.es::":' Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. 81)IJ ~._jort~: h;r;S!-A.\::;":-,;~ SJjts ,j,):; Cnta"I..::. ='aif"'T:a ;~1-:)4 ')J~),..:1.8' .:75;] fax~(S.B1 S"'57 EXHIBIT C e AGREEMENT FOR ON-CALL SURVEYING SERYlCES THIS AGREEMENT is made and entered into this day of 2006 ("Effective Date"), by and between the CITY OF SAl\i BERNARDINO, a charter city ("City"), and Associated Engineers, Inc. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perfonn the on-call surveymg scrvices described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be perfornled; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. e NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERYlCES PROVIDED BY CO:\'SVL T ANT 1.1. Scope of Services. Contractor shall furnish on-call surveying services to City in accordance with Attachment I "Scope of Services" and the Contractor's proposal dated September 18, 2006, attached and incorporated herein. e 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants. that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. I : ~ '.' j' -', '. , ': :,... ' . L . '-'. " : c ".\ I:: f~iJ,il)lL)j I: ,I ,iJ ; \ ch!" ,';': \ '0"(-, I: 10:.1 '" l! '. 1[''-)111'. ,"', ,,,,.,,-.,.., ;')r,f'_::!1 ,~:;:., -",: "i :.(\f,_()" d'l( 1 EXHIBIT C e Consultant shall indemnify and hold harmless City from and against all claims, demands, payments. suits. actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented. brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be II1curred by reason of Consultant's performance under this Agreement. 1.4. ~on-discrimination. In perfonning this Agreement, Consultant shall not engage in, nor pennit its agents to engage in, discrimination in employment of persons because of their race. religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law. except as permitted pursuant to Section 12940 of the Government Code. Violation of Ihis provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. e 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. I. 7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the ternl of this Agreement. 1.8. Duty of Loyaltv/Conflict of Interest: The Consultant understands and agrees that as the City's on-call surveying consultant, Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPEl\SATIOl'i Al'iD BILLIl'iG 2.1. Compensation. O\'er the tenn of this Agreement, Contractor shall be paid for such services in accordance with Attachment 2 "Schedule of Rates effective September 1, 2006", attached and incorporated herein, subject to an aggregate limit of S 130,000 together with other consultants performing on-call surveying support. e 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2 EXHIBIT C tit 2.3. ;vlethod of Billin~. Consultant may submit invoices to City's Managing Engineer for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days t1'om the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Managing Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE tit 3.1. Commencement and Comnletion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Managing Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for temlination of this Agreement. 3.2. Excusable Delavs. Neither party shall be rcsponsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations. riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.]. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2007, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. An administrative extension of one additional year may be authorized, subject to agreement of both parties. tit 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 3 EXHIBIT C e 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of ternlination. Compcnsation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to thc effective date of termination of this Agrcemcnt, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finishcd or unfinished design, development and construction documents, data studies, drawings. maps and reports, shall be delivered to the City within ten (l0) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. S.D. INSUR.\NCE e 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form propcny damage, blanket contractual liability. independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation l11surance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. e 4 EXHIBIT C . 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not tern1inate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." . (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. . 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GEl'iERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. . 6.3. Proiect Managers. City shall designate a Managing Engineer to work 5 EXHIBIT C tit directly with Consultant in the perforn]ance of this Agreement. Consultant shall designate a Contract Inspector(s) who shall represent it and be its agent in all consultations with City during the tern] of this Agreement. Consultant or its Contract Inspector(s) shall attend arid assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by - ~ personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. .e IF TO CONSULTANT: Ms. April Morris, President & CEO Associated Engineers. Inc. 311 E. Shelby Street Ontario. CA 91764-4872 Fax: (909) 941-0891 Tel: (909) 980-1982 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "D" Street San Bernardino. CA 924] 8 Fax: 909-384-5080 Tel: 909-384-5357 6.5. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement. the prevailing party shall be entitled to recover from the opposing party all costs and expenses. including reasonable attorneys' fees. incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and cxpenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. e 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be perfOlmed by Consultant hereunder for the term of this Agreement. 6 EXHIBIT C . 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. e 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or infol}Tlation shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information. data, in any form, including but not limited to. computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. e 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes. discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so. marked if disclosure is deemed to be required by law or by order of the Court. 7 EXHIBIT C e 6.12. Responsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Emplovment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attachcd Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. e 6.16. No Third Partv Beneficiary Riehts. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headines. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or . to be a full or accurate description of the content thereof and shaI'1 not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Orily a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. e 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or 8 e e e. EXHIBIT C event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is detennined by a COUlt of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing. if the \'alue of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired. which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterpatts. each of which shall be deemed an original. All counterparts shall be . construed together and shall constitute one agreement. 6.23. Corporate Authoritv. The persons executing this Agreement on behalf of the palties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. II! 'u l/i 9 EXHIBIT C e AGREEMENT FOR ON-CALL SURYEYING SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SA:'II BERNARDIl'iO, A Municipal Corporation, CONSULTANT Associated Engineers, Inc. By Patrick J. Morris, Mayor Signature Name and Title Approved as to form: e James F. Penman, City Attorney a By It e 10 Exhihit C Attachment 1 e CITY OF SAN BER."iARDINO PliBLlC WORKS ON-CALL SURVEYING SUPPORT SCOPE OF SERVICES The work shall consist of, but is not limited to, the Consultant providing a "Survey Party" which ,hall perfonTI constructIOn staking, right-of-way surveying, intersection monumentation and ties, recovery andior restoration of monuments, topographic surveying, etc. as directed by the Field Engmecr. The City wIiI obtain all necessary permits from outside agencies. However. the Survey Party will be reqUIred to perform all necessary coordination with outside agencies, utilities, and other City Dcpartments. includmg traffic control, as It relates to the surveying for the work. Before acceptmg an assignment. Consultant shall notify the City in writing if the use of a three- person party will be required to accomplish the work. Otherwise, payment will only be authorized at the two-person Survey Party at the prevailing wage rate. Consultant shall proVide all necessary equipment and materials for satisfactory performance of the work by Survey Party. This equipment shall include, but is not limited to, a suitably equipped survey truck m excellent operating condition, high visibility safety vests and hard hats, traftlc cones and warning deVices, commonly used equipment for surveying, such as data collector, rralblt, levels, rods, chains, etc., calculators, cellular telephone, small measuring deVices, pens, pencils, paper and other survey related equipment and materials. e All equipment supplied to the Survey Party by Consultant shall be operated and maintained at no additIOnal expense to the City. All safety equipment and workplace attire worn by the Survey Party shall conform to OSHA regulations. The Consultant shall provide all office support for Survey Party, including. but not limited to, computer, clerical, message center, accounting, equipment maintenance, etc. Traffic control necesSary for safety of the Survey Party and the traveling public shall be the responsibIiity of rhe Survey Party, unless otherwise authorized in "Tlting by the City Engmeer. Survey Party shall lOam tam a close liaison with the Field Engineer at all times whIie the work is proceeding. Consultant shall pro\'Ide a 2-person or 3-person Survey Party, as appropriate, subject to approval of the Field Engineer. The Survey Party shall work under the supervision of a Licensed Land Surveyor or Civil Engineer licensed to practice sun'eying in the State of California. The duration of the Contract with the selected firm shall be one-year with a provision for an admmlstratlve extensIOn of one additIOnal year, subject to agreement of both parties. The total cost of thiS project WIll not exceed $130,000 in any fiscal year. Survey notes shall be provided in hard copy and in electronic format suitable for export to AutoCAD format (dwg). e H :!:,ld 'OJ > ~ <" -' \ '- ~, . v ! ~,' '- " ii" " ' '. ,:,,::, Exhibit C Attachment 1 e _!,ssociate_~~Eng~ n~~r~L III C'_m CONSULTING CIVIL ENGINEERS 3311 E. SHELBY STREET. ONTARIO. CA 91764 (909) 980-1982 FAX (909) 941-0891 September 18. 2006 Mr. Michael Grubbs, P.E. CITY OF SAN BERNARDfNO Public Works Division 300 North "0" Street, 3'd /loor San Bernardino. CA 92418 Re: Request for Proposal to Provide Professional Civil Engineering Services for On-Call Surveying Support Dear Mr. Grubbs: e In accordance with your Request for Proposal, Associated Engineers is pleased to submit four (4) copies of our proposal to provide On-Call Surveying Support sSrvices for the above-mentioned RFP. Mr. Jim Imbiorski, PLS, will be our Project Manager and will be in charge of Quality Control. He brings 43 years of experience, providing surveying and municipal engineering services. Mr. Randy Mayer, PLS, will be our Chief of Surveys, and brings 22 years of surveying experience. Mr. Imbiorski will be the City's point of contact through the remainder of the selection process and can be reached at 3311 E. Shelby Street, Ontario, California, telephone number, 909.980.1982 or by email atiimi(.vassoc-eng.com. We have the credentials, experience and resources to provide outstanding support to the City of San Bernardino's staff for this project. As requested in your RFP, we have included our hourly rate schedule in a separate sealed envelope. We have attached the modifications that we would like to include in the Professional Services Agreement. We look forward to the opportunity to discuss our qualifications and our approach to assisting you on your project. If you have any questions about our qualifications, or desire additional information, please do not hesitate to contact me at (909) 980-1982. The Associated Engineers team appreciates the opportunity to provide these services to the City of San Bernardino and we are fully committed to provide all necessary resources to successfully complete those tasks assigned to us. Very truly yours, ASSOCIATED ENGfNEERS, fNC. // I .-<) '.' / ,... /.1" c4A-0J;'~/:,c!-1./'-.--y' April M. Morris President e PI 17-06 PLANNING DESIGNING SURVEYING O:\PROP\PI,2006\PII7{16\CoverLftter.doc . Exhibit C Attachment 1 City of San Bernardino Public Works Division- Development Services Department Request for Proposal - On-Call Surveying Support PROJECT TEAM Associated Engineers will be Prime Consultant on this project with Stewart Geo Technologies supporting our efforts in aerial mapping. Associate Enl!ineers. IDC.. Associate Engineers, Inc., a California Corporation, engaged in civil engineering, surveying and'mapping since 1955. The firm's 57 employees include six (6) Licensed Land Surveyors who specialize in providing design surveys, topographical mapping and Right-of-Way engineering for numerous transportation projects throughout Southern California. Other staff includes nine (9) Registered Civil Engineers, civil designers, CADD operators! survey! mapping technicians, and admjnistrative staff who support these services. Projects have included all aspects of civil engineering design, studies, surveys, planning, utility coordination and construction management. Survey capabilities include boundary, topographic, AL T A and utility mapping, aerial control surveys, right-of-way mapping and construction staking. Associated Engineers' clientele include industrial, commercial and residential developers, municipalities, flood control districts, school districts, _water agencies, airport and highway authorities, utility companies and various State and Federal agencies. All work provided by Associated Engineers will be performed by or under the direct supervision of a licensed professional qualified to perform land surveying in the State of California. Any established monument of maps requiring a seal and signature will be marked "LS 4430" indicating the license number of James John Imbiorski, who is in "Responsible Charge" of the work. Prior to the beginning of any fieldwork, necessary permits will be obtained and a pre-work safety meeting with our staff and Caltrans Permits Department will be held. Stewart Geo Technolol!ies. Inc. Stewart Geo Technologies, Inc. (SGT) is a professional services organization dedicated to providing geospatial solutions to agencies and companies engaged in the design, construction and management of public works, infrastructure systems, and the management of natural resources. Structured and equipped to accommodate time-critical and technically demanding projects, SGT supports the missions of its clientele with a broad range of geospatial technologies that encompass photogrammetry, remote sensing, geographic information systems and Internet services. Operating from a 12,000 square foot production facility located in Irvine, CA, Stewart Geo Technologies has extensive experience and resources in the following service areas: _ O:\PROP\P\2006\P117-06\AS5OCiated Engineer1 Team.OOC e Exhibit C Attachment 1 City of San Bernardino Public Works Division- Development Services Department Requestfor Proposal - On-Call Surveying Support . Acquisition of Aerial and Space Imagery Airborne GPS control Acquisition and Processing of Remotely-Sensed Terrain Data (L1DAR) Digital Aerotriangulation Photogrammetric Extraction of Terrain & Planimetric Data Sets Digital Orthophotography and Image Processing Precision Photogrammetric Scanning & Photo Lab Services CAD and Geographic Information Systems . . . . . . . Formerly known as Airborne Systems, Inc., Stewart Geo Technologies' Irvine office is a 25-employee company that has been in business in southern California since 1977. The firm became part of the publicly owned, Fortune 1000 Stewart Infornlation Services Corporation (STC-NYSE) in 1998. Stewart Information Services Corporation has over 7,000 affiliate offices, and annual revenues of approximately $2 Billion (2005). Stewart Geo Technologies also maintains production facilities in Phoenix, AZ and San Antonio, TX. e e O:\PROP\P\2006\PI17-Q6\ASSOCiated Engineers Team.OOC e Exhibit C Attachment 1 City of San Bernardino Public Works Division - Development Services Department Request for Proposal - On-Call Surveying Support SCOPE OF WORK Surveys and Mapping by Associatcd Engineers will include horizontal and vertical control, roadway cross-sections, drainage surveys, utility locations, control for geotechnical investigations, property and right-of-way surveys, and preparation of topographical, record maps and construction surveys. Control Survev and Base Data Re\'iew . Coordinate with City of San Bernardino and Design Consultant. . Research of existing maps, records and field notes. . Monument recovery (includes replacement of obliterated monuments from record ties where available). . Survey Control Monument densification: Set additional as needed durable monuments in the project work area to be used for horizontal and vertical control for construction activities. Aerial TOPol!raphical Mappinl! e. e.: . Determine Mapping Limits Set Ground Control and Pre marks Perform Aerial Photogrammetry - Calibrated cartographic camera with 6-inch total length lens - Fine grain black and white aerial negative film - Photography will be taken at 1500 feet above mean elevation with average scale of 1 :3000 - Digital topographic map compilation - Map scale of I" = 40' with I foot contour intervals, respectively - Final contours will be generated from the DTM - Map will adhere to Caltrans cartographic standards and project specifications - Final digital map files will be delivered in DWG and DTM files . Rkh~of-WavEn~meerine . Record map research and obtain title reports (provided by others) . Perform landnet surveys to recover all pertinent parcel boundary control monuments . Parcel boundary analysis and calculations . Obtain right-of-way requirements and compute parcel closures and areas. . Prepare legal descriptions Desien Survevs . Provide edge at travelway profiles. 'Roadway cross-section and tie-in surveys. Drainage surveys. Geotechnical boring location surveys. . Q:\PRQP\P\2006\P117-06\Sope of Work. DOC e e e Exhibit C Attachment 1 City of San Bernardino Public Works Division - Development Services Department Requestfor Proposal - On-Call Surveying Support U Iilitv Survevs . Research of existing maps, plans and atlases. . Plot all found utilities of record on base sheet. . Field locate utility features for detailed information. - Dip manholes. - Metro Tech locate lines for horizontal and vertical locations. .- Pothole if required. . Prepare a composite utility location map of results of survey. - Provide DWG files. _ Provide reference color plots of existing utility locations. Construction Survev;ng . Attend project startup meeting: Establish methods of communication for project. Project staking formats and reporting procedures. _ Prepare project specific Quality Assurance / Quality Control (QNQC) plan. . Perform pre-contract construction staking as determined by the Resident Engineer. . Furnish stakes and verification of line and grade as requested by the Resident Engineer to assist him and other inspectors in their duties. . Advise Resident Engineer of potential design problems found and make minor adjustments to design as directed by the Resident Engineer. . Keep up to date records of construction surveying activities: - Contractor's staking requests - Cut sheets and staking diagrams - As-staked plan set - Monumentation field notes . Reference existing monumentation both horizontal and vertical control. - Prepare and file Comer Records with the County. . Set staking for Resident Engineer approved requests from Contractor to provide for but not limited to the following construction activities: Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. . Provide post-construction surveys and mapping: _ As-built conditions where directed by Resident Engineer _ Replace cadastral monuments destroyed by construction and file Comer Records with the County. - Set final centerline monuments. - Prepare a Record of Survey. O:\PROP\P\2006\Pl17-06\Sope of Work.DOC e e e Exhibit C Attachment 1 City of San Bernardino Professional Civil Engineering Services for On-Call Surveying Support Michael Grubbs, P.E. . ASSOCIATED ENGINEERS Senior Support I QC Project Manager Jim Imbiorski, P.l.S. ASSOCIATED ENGINEERS '" Chief of Survey Randy Mayer, P.l.S. ~ I Associated Engineers, Inc. I . I . , Party Chiefs Marc Wilson, P.l.S. Mark Noreen, l.S.I.T Phil Lattuca, l.S.!. T Jeff Terry Associated Engineers, Inc. I I J Jim Elliott, P.E., P.l.S. Anthony Placencia e Exhibit C Attachment 1 City of San Bernardino Public Works Division- Del'elopment Services Department Request for Proposal - Oil-Call Surveying Support EXPERIENCE Caltrans - District 8, On-Call Surveys, Sail Bernardillo and Riverside COllnties, Califorllia: Associated Engineers performed on-call surveys for Caltrans District 8. This work included providing construction surveys for 1.5 miles of State Route 395 in Adelanto. Staking activities included referencing of cadastral monuments, staking for the construction of grading, curbs, drainage facilities, traffic signals, and asphalt concrete pavement. Centerline monuments were reset; notes and tics were furnished to Caltrans. Another task performed by Associated Engineers included the staking and monumentation of 19 miles of newly established right-of-way lines along State Route 71 trom Los Angeles County to the Riverside County line. SOllth Higilland A veil lie, Mango to Lytle Creek, Fontana, California: Associated Engineers provided all staking necessary for the construction of the realignment of two miles of existing State Route 30 (Highland Avenue). Staking activities included referencing of cadastral monuments, slope staking, control for relocation of wet and dry utilities, staking for the construction of walls, curbs, drainage facilities and asphalt concrete pavements. All staking activities were performed in accordance with Caltrans' Staking Manual. Our survey staff also assisted the Resident Engineer's staff in checking grades, alignments, staking property boundaries and right-of-way lines, replacing monuments and filing Comer Records. e Ca/trans "Oll-Call"- District 59 - Mill Creek Bridge (Widen) alld Sidehi/l Viadllct (Ne..~, Yllcaipa, Califorllia: As a sub-consultant, Associated Enginecrs performed preliminary investigation bridge field survey services for Mill Creek Bridge widening and New Sidehill Viaduct. The scope of services included locating and checking existing project control, verifying topographical mapping, verifying all utility information, topographic surveys of obscured area under bridge/ locate existing abutments, providing additional topographical information to develop a .25 meter contour interval, confirm grades a edge of deck widening and verifYing bridge features and providing creek-bed cross sections (10 each) for hydraulic computation. State Route 30 - Los Angeles COllnty Line to the City olSon Bernardino - Segments 1,1,3,4,5,7,10 & 11: Associated Engineers served as a sub-consultant to various Prime Consultants (along this route) to provide various survey and mapping support. This 26-mile project was for the construction of a six lane new freeway from the Los Angeles County Line through the cities of Upland, Rancho Cucamonga, Fontana and Rialto, to the 1-215 in the City of San Bernardino. Associated Engineers was responsible for all design, drainage, bridge, utility and soundwall surveys on Segments 1,2,3, 4,5,7, 10 and II used for the Project Study Report, Project Report and Final Plans, Specifications & Estimates for this project. Working closely with Caltrans District 08 Right-of-Way and Survey Departments, Associated Engineers established a metric centerline. This alignment was used as control for all construction plans and Right-of-Way Maps along the entire 26-mile route. All work product was based on Caltrans provided NAD 83' Horizontal and NA VD '29 Vertical Control and delivered in accordance with Caltrans Survey and Drafting Manuals. tit Cherry Avenue Roadway and lI.frastructllre Improvements, The Califorllia Speedway, Fontana, California: Associated Engineers performed construction staking, management and inspection for the reconstruction of approximately two miles of Cherry A venue in Fontana, trom Interstate 10 to the Metrolink rail line. These improvements were constructed along with other transportation-related infrastructure to support the California Speedway, a $120 million, state-of-the-art auto racing facility. The infrastructure improvements included the construction offour bridges, major drainage facilities, over 6 miles of walls and 25 miles of curb. Staking activities included referencing of cadastral 0: \PROP\p\2006\Pl17 -06\experience.DOC e e e Exhibit C Attachment] City of San Bernardino Public Works Division- Development Services Department Request for Proposal - On-Call Surveying Support monuments, slope staking, control for relocation of wet and dry utilities, staking for the construction of walls, curbs, drainage facilities and asphalt concrete pavements. Our survey staff also assisted the Resident Engineer's staff in checking grades, alignments, staking property boundaries and right-of-way lines, replacing monuments and Comer Records. On Call Survey Services 1979 - Present, Rancho Cucamonga, California: Associated Engineers has performed design, right-of-way, monument preservation and construction surveys on over 125 projects since 1979. Examples of construction projects include the South City Storm Drain Master Plan, Haven Avenue Street Improvements (68 construction projects), Highland A venue Improvements (14 construction projects) and Arrow Route Bridge Replacement. Design surveying services included street cross sections, topography (in both metric and imperial), establishing vertical data, tying and replacing cadestral and street monumentation. We have also prepared legal descriptions and plats for right-of-way acquisition and easements. Super block Auxiliary Parking Lot, San Bernardino, California: Associated Engineers is providing engineering and construction services for a new 350-space parking lot on the south side of 3'" Street between Arrowhead and Mountain View in the City of San Bernardino. The job was identified as a "fast-track" project in conjunction with the City of San Bernardino and was done on time and within budget. Milliken Avenue Improvement Project, Ontario, California: Associated Engineers performed construction staking, management and inspection for 1.5 miles of Milliken A venue from Mission A venue to Jurupa A venue. The project consisted of adding two traffic lanes, full-length drainage and sewer improvements, traffic signals and railroad crossing. Staking activities included referencing of cadastral monuments, slope staking, control for relocation of wet and dry utilities, staking for the construction of walls, curbs, drainage facilities and asphalt concrete pavements. All staking activities were performed in accordance with Caltrans' Staking Manual. Our survey staff also assisted the Resident Engineer's staff in checking grades, alignments, staking property boundaries and right-of-way lines, replacing monuments and filing Comer Records. State Route 30, Milliken Avenue to Archibald Avenue, Rancho Cucamonga, California: Associated Engineers provided construction-staking services for a series of four construction projects. These projects consisted of reconstruction, widenings and realignment along Route 30 and Haven A venue with the installation of signal lights, storm drain, street lighting and median islands. SR-83 Widenil.g I Euclid Avenue, Chino, California: Associated Engineers provided design and construction surveys, roadway, drain.age and utility design. This project consisted of adding two traffic lanes, traffic signals at Kimball and Merrill A venues and full length drainage improvements and utility relocations on 1.5 miles of SR-83. Railroad Canyon Road, CanyoII Lake, California: Associated Engineers performed construction staking, management and inspection for the reconstruction of approximately one mile ofRaiJroad Canyon Road, a four-lane divided highway from east ofl-15 to Canyon Lake. This project included the complete removal and reconstruction of sub-base, base and finish pavements and the reconstruction of super -elevated comers, shoulders, fill and cut slopes as necessary for widening existing pavements. O:\PROP\P\2006\Pl17 -06\experience.OOC Exhibit C Attachment 1 e ASSOCIATED ENGINEERS. I;'\Ie. Professional Registration - Civil Engineer and Licensed Land Surve)'or As of September 2006 Project Assignment Name Year Reg. State Number E. p Dale Total Yean of Experien ce Project Manager Jim 1mbiorski 1977 P.L.S. Calif. 4430 9.30.07 31 Quality Control Team Chief of Survey Randy Mayer 1994 P.L.S. Calif. 7024 6.30.08 22 Party Chief Marc Wilson 2006 P.L.S. Calif. 8111 12.31.06 19 Party Chief Mark Noreen 1989 L.S.I.T Calif. 2L003709 33 Party Chief Phil LatlUea 2002 L.S.I.T Calif. 6487 7 Office Support Staff Jim Elhott 1989 P.E. Calif. 43907 6.30.07 27 1990 P.L.S. Calif. 6334 12.31.06 _ce Support Staff Anthony 1997 L.S.I.T. Calif. 2L005679 22 Placencia e O:\PROPIP\2006\P111-06\USt - Prof'ess;on.l Reogistribon.iXIC e e e. Exhibit C Attachment 1 PROPOSER'S CERTIFICATION FOR ON-CALL SURVYEING SUPPORT The undersigned hereby certifies that I am an officer of the firm submitting the attached proposal and that I am authorized to submit said proposal on behalf of my firm. I hereby bind my firm to this proposal and state the following (if submitting a proposal): This offer shall remain valid for 90 days from the RFP close date; and In signing this offer, I warrant that all certifications and documents requested herein are attached and properly completed and signed; and 1 certify that I have received al addenda as indicated below and have incorporated the . addenda in the attached proposal. Verification of Addenda Received Addendum No.: Addendum No: Addendum No: Received on: Received on: Received on: Proposal Attached: Yes X No . If No, Please sign, date, provide company information and explain reason for not submitting in remarks below. /i . Authorized Signature: !/Yh1..-k1// .;JJt{'-t-i..-~ / Print Signer's Name and Title: April M. Morris President & CEO Date Signed: September 18. 2006 Company Name & Address: Associated Engineers, Inc. 33 I I E. Shelby Street Ontario, CA 91764 Phone: 909.980. I 982 Fax: 909.941.0891 Remarks: Page 2 of 13 o 'J'ROP'I'.1006J'l17.06'f'I'opoID"1 Ccrlilical;... doc Exhibit C Attachment 2 e Ass~~La!e(L;~gJl1eers, _Inc. CONSULTING CIVIL ENGINEERS 3311 E. SHELBY STREET. ONTARIO. CA 91764-4872 (909) 980-1982 FAX (909) 941-0891 HOURLY RATES (Effective 09.01.2006) FIELD TIME 3-Man Survey Party 2-Man Survey Party $290.00 per hour $222.00 per hour Above schedule is for straight time only. Overtime requested by client will be at 1-1/2 times the rates shown and Sundays/Holidays at 3 times the rates shown. These hourly rates do not include printing costs, fees paid to Governmental agencies or other reimbursable expenses. These expenses are billed at cost + 10%. Above schedule subject to change based on annual increases to direct labor rates. e e PLANNING DESIGNING SURVEYING O:\PROP\P\2006\P079-06\HQURL y RATES 2006.doc