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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
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Agenda Item No. I ftJ
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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.
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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.
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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.
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BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BER.'\'ARDINO AS FOLLOWS:
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SECTION 1. Joseph E. Bonadiman & Associates, Inc., David Evans & Associates, Inc.,
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requested services and have provided the most advantageous and responsible proposal for
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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
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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.
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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.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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meetll1g thereof, held
Common Council of the City of San Bernardino at a
on the
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day of
,2006 by the following vote, to wit:
ABSTAIN ABSE;-';T
1\AYS
Council Members:
AYES
ESTRADA
BAXTER
VACANT
DERRY
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ELLEY
15 OHNSON
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MC CAMMACK
City Clerk
day of
,2006.
The foregoing resolution is hereby approved this
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24 pproved as to form:
25 AMES F PENMAN,
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Patrick J. Morris, Mayor
City of San Bernardino
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EXHIBIT A
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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
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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.
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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
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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
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EXHIBIT A
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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
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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.
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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
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EXHIBIT A
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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
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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
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EXHIBIT A
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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."
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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EXHIBIT A
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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
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Exhibit A
Attachment 1
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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.
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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).
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Exhihit A
Attachment 1
~JOSEPH E.
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BONADIMAN
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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.
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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.
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Edward . Bonadiman, P.L.S., M.B.A.
President
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DEVELOPiv1l;.t,T SEH,'h:-L::;
DEPARTrt.f.N"1
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Exhihit A
Attachment)
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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:
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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:
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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
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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
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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
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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.
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iJIi JOSEPH E BONAOIMAN & ASSOCIATES NC
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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Exhibit A
Attachment 2
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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.
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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.
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EXHIBIT B
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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.
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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.
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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
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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.
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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.
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EXHIBIT B
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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EXHIBIT B
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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.
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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)+~
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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).
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.. Bernard 1. Mclnally, P,L,S.
"e . Vice President / Project ~anager
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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.
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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
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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
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September 18, 2006
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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Mr. Glen Scott
. (909) 395.2025
. City of Ontario
303 East "6" Street,
_riO.CA 91764
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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.
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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.
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~.E. (909) 413.3130
City of Moreno
~alley
~14177 Fredrick Street,
Moreno Valley, CA
~2552.0805
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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
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'OMr. Keith Kramer
_(909) 350-6644
City of Fontana.
"epartment of
Public Works
.623 Orange Way,
Wontana, CA 92336
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-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.
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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.
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. 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.
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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.
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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-:----
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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:.' -
- -~-
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:(', ~ ~" ;I~-'-:
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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.
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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
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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.
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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.
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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.
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1
EXHIBIT C
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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EXHIBIT C
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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.
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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.
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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
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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!
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9
EXHIBIT C
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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:
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James F. Penman,
City Attorney
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By It
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10
Exhihit C
Attachment 1
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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.
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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).
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Exhibit C
Attachment 1
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_!,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:
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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
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PI 17-06
PLANNING
DESIGNING
SURVEYING
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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:
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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
.
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.
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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.
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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!
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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
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Provide edge at travelway profiles.
'Roadway cross-section and tie-in surveys.
Drainage surveys.
Geotechnical boring location surveys.
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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.
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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.
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Jim Elliott, P.E., P.l.S.
Anthony Placencia
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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.
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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
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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.
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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
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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:
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Exhibit C
Attachment 2
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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.
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PLANNING
DESIGNING
SURVEYING
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