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HomeMy WebLinkAbout11-Development Services J r ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Resolution authorizing execution of Agreements for Services with Ninyo & Moore, Hilltop Geotechnical, Inc. and AMEC Earth & Environmental Inc. for Geotechnical Investigations and Construction Material Testing. Subject: Dept: Development Services Date: November 14, 2006 MCC Date:: December 4, 2006 Synopsis of Previous Council Action: 09/02/03 Approved Request for Proposal (RFP) format use to solicit proposals for future Public Works Projects. 08/15/06 Adopted 5- Year CIP for FY 2006/11. Recommended Motion: Adopt Resolution. _C<7?ffl- Valerie C. Ross Contact person: Mike Grubbs, Engineering Mgr.lField EngineerPhone: 5179 Supporting data attached: Staff Report, Reso. & Agreements Ward: All FUNDING REQUIREMENTS: Amount: $150,000 Source: (Acct. No.) Various CIP Projects Acct. Description: Various CIP Projects Finance: Council Notes 4-5() dOO(p .-f/~ J~fiJ~(o Agenda Item No. II e- e e CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing execution of Agreements for Services with Ninyo & Moore, Hilltop Geotechnical, Inc. and AMEC Earth & Environmental Inc. for Geotechnical Investigations and Construction Material Testing. Background: The Public Works Division of the Development Services Department is responsible for planning and implementing the City's Capital hnprovement Program (CIP). This program, in general, consists of design and construction of roads, bridges, buildings, grading, drainage, landscaping, traffic signals, handicap ramps, etc. From time to time during the design and construction of a project, specialized expertise and services are needed, including soils sampling and analysis, performance of grading observations, soil compaction testing, collection of concrete cylinders for compressive strength testing, collection and testing of asphalt concrete pavement samples, soils borings to 15 feet with appropriate logs, and provision of a geological engineer for consultation with City staff. These services are not available through in-house resources. On August 28, 2006, the Development Services Department prepared a Request for Proposals (RFP) for Geotechnical Investigations and Construction Material Testing. Copies of the RFP were sent to a total of nine firms that appeared qualified to provide the services. It was also advertised in the Sun Newspaper, posted on the Internet and sent to the San Bernardino Area Chamber of Commerce. On September 25, 2006, a total of nine proposals were received. The firms submitting proposals were: . AMEC Earth & Environmental, Inc., Ontario . Cal West Consultants, Riverside . Converse Consultants, Redlands . Hilltop Geotechnical, Inc., San Bernardino . Kleinfelder, Inc., Redlands . Koury Engineering & Testing, Inc., Ontario . Leighton & Assoc., Chino . Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Ontario . Sequoia Consultants, Orange The selection process was completed on October 30, 2006, and consisted of the evaluation by City staff of proposals and interviews with the six firms with the highest rated proposals. The method of evaluation of proposals, interviews and ratings was completed in accordance with the rating system approved by the Mayor and Common Council on September 2, 2003. 2 e- e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued Based on the results of the interviews, three firms were selected whose proposals best meet the need of the City, as follows: . Ninyo & Moore Geotechnical and Enviromnental Sciences Consultants of Ontario . Hilltop Geotechnical, Inc. of San Bernardino . AMEC Earth & Enviromnental, Inc. of Ontario Three firms were chosen to give the City a greater degree of flexibility when services are needed. The work will be distributed among the three firms in a manner that best meets the needs of the City. The City has made no guarantee to any of the consultants regarding the amount and/or the dollar value of the work they may receive. Attached to each Agreement is a proposed fee sheet for the respective Consultant. Staff recommends that the Agreements for Services be executed and that annual purchase orders totaling $150,000 in aggregate be issued to Ninyo& Moore, Hilltop Geotechnical, Inc. and AMEC Earth & Enviromnental Inc. The Agreements will be effective upon execution by the parties and will be valid through June 30, 2007. An administration extension of one additional year can be approved with the consent of the parties. Financial Impact: Funds for Geotechnical Investigations and Construction Material Testing are available through each individual project and cost of services is charged back to the particular Capital Improvement Project's budget through the work order number. Recommendation: Adopt Resolution. 3 r ~ . e e 1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS FOR SERVICES WITH THE FIRMS OF 4 NINYO & MOORE, HILL TOP GEOTECHNICAL, INC., AND AMEC EARTH & 5 ENVIRONMENTAL, INC. FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING. 6 7 8 9 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Ninyo & Moore, Hilltop Geotechnical, Inc. and AMEC Earth & Environmental Inc. are firms that are competent, experienced, and able to perform requested services and have provided the most advantageous and responsible proposal for Geotechnical aggregate. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said services to said firms; all other proposals are hereby 15 rejected. The Mayor is hereby authorized and directed to execute, on behalf of the City, three 16 17 18 Agreements for Geotechnical Investigations and Construction Material Testing; copies of which are attached hereto and incorporated herein as Exhibit A (Ninyo & Moore), Exhibit B (Hilltop 19 Geotechnical, Inc.) and Exhibit C (AMEC Earth & Environmental, Inc.). 20 21 22 SECTION 2. Said Agreements shall be in effect through June 30, 2007, unless earlier terminated as provided in the Agreements or as otherwise agreed to in writing by the parties. An 23 administrative extension of one additional year may be authorized, subject to agreement of both 24 parties 25 26 27 28 SECTION 3. The authorization to execute the above-referenced Agreements is rescinded, if they are not signed by the parties within sixty (60) days of the passage of this resolution. 11.D . f/ . . I~/ J{./(J G /II - I - . .. . e It 27 28 1 RESOLUTION... AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS 2 FOR SERVICES WITH THE FIRMS OF NINYO & MOORE, HILLTOP GEOTECHNICAL, INC., AND AMEC EARTH & ENVIRONMENTAL, INC. FOR 3 GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING. 4 5 6 7 8 9 10 11 12 13 14 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 2006, by the following vote, to wit: day of Council Members: ABSTAIN ABSENT AYES NAYS ESTRADA BAXTER BRINKER DERRY KELLEY 15 JOHNSON 16 17 MC CAMMACK 18 19 20 21 22 23 City Clerk The foregoing resolution is hereby approved this day of , 2006. Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to form: 25 26 JAMES F. PENMAN, City Attorney - 2 - . EXHIBIT A " . AGREEMENT FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING 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 NINYO & MOORE ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the Geological Investigations and Construction Material Testing services described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and e D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall furnish on-call, as-needed Geological Investigations and Construction Material Testing services to City in accordance with Consultant's proposal dated September 25, 2006, attached hereto as Attachment I and incorporated herein. It is agreed that Consultant shall accomplish all Geological Investigations and Construction Material Testing services in accordance with the standards of.the City. 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. e 1.3. Warranty. Consultant warrants that it shall perform the services required \, \Cd~toJ'\DS\._,Puhlk \Vorks\r~F(:A's\:2006 ,AlJ\-l2-04-06\Agrcenwnls fol' Ct'ole..::hn"kaJ Investigations and Construction !'v1(lleri;11 T~'stillg!2-{'q-(l6\NiTlY(i & \h,~.m'\NillY(1 & M<:lf)1'e51andard ;\~,.eement C('("techniG,l fnvesligation~ <1m] (Jvl l\'sting 12wlll.(\6.d,x 1 . It e e e EXHIBIT A 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. 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 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 services contemplated by this Agreement. 1.6. Delegation and Assigrunent. 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. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that as the City's on-call geotechnical investigations and construction material testing consultant, Consultant shall maintain a 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. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such services in accordance with the attached "Price Form" (See Attachment 2). 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 \. \C<\51:01'\ DS\.J>uhl,j( \Vorks\RFCA's\2006 AlI\12-04-06\Agreemmt,., fol' Cl"()tel~hni(al Tll\'l:'stig;'1ti.ons and Constrnction \.1;Jleri,11 T~'5Iing -J2-04..{)tJ\ Nill\'O &- i'v1noJv\Ni1'.YL\ & '['liklore St'onJard i\gree.tllo:~ntGt~()ledlni\111 IIHi,,':;tigdtiollb i.lnJ ('!v-l r\,'~;hng l::A\.:I-l16.d,y' 2 EXHIBIT A . e or its Construction 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. 2.3. Method of Billing. Consultant may submit invoices to City's Construction 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 from 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 Construction Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE e 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Construction 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 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 4.1. 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. 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 e contemplated by this Agreement, with or without cause, at any time, by providing written \ \Cdsto.r\DS\'Yuhlk \Vorks\RFCA'~\2n06 AU\12"04-06\Agre(~ml'nts for Gi:.'ot&.~hnj,:al Investigations and ConstnKtion rv1<JteTi;~1 Testing '12..(J4-t)6\Ninyo & Ml.Iol'l,'\Niny~) & MClore StaIldard Agreenwnt Ge(Jledlnicill flw~'stigati[)ns and 0\/1 Tl.~sti.ng 12~04-06.dl)(' 3 EXHIBIT A . e notice to Consultant. The tennination of this Agreement shall be deemed effective upon receipt of the notice of tennination. In the event of such tennination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event oftennination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily perfonned 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 tennination 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 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 tennination of this Agreement, all documents prepared by Consultant in its perfonnance 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 tennination 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. e 5.0. INSURANCE 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 fonn 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 ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance 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), e \ \caslnr\DS\,...pl1bl:k Works\ RFC:Aif, \2()06 All\12-04-06\Ag.reemenls for C~'oh:'\~hni~'nl T1l'\'cf:>ttg<~ti.()n." and c.:onstnlCtion 1vla!eri;d 'l't.sting "12-04..06\Ninycl & Iv1rll.)1't,~\NhlY(l & 'M~\ore SU.lnJard A~~Tl'eJllt'nl Gt~l.ltechniG.ll rL,\"~'&hg{\tions clnJ (';"1 T\'st:rw; 12-();I-116d"c 4 EXHIBIT A . . 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. 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 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." e 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 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 \\cbt"or\[JS\_I).uhlk \-V()J:ks\RFCi~'s\2006 AU\.l2-04-06\Agreemenls iot' ('~t~,lh-:~~hniLull11\'esligation~ dndConstnl.CUO{1 Maleri;ll 'r~'sting12.04-06\Ninyo & l\.-1nor('\NinY(l & M(\(.ll'e Standard Agre('nl(~nt G(!oledmical hWt'stigations ilnd 0\-1 r~'stjng 12-(}4.(!6.1t;.'>l' 5 EXHIBIT A e behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Construction Engineer to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager 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 United States mail. e IF TO CONSULTANT: Jalal Vakili, Principal Engineer Ninyo & Moore 1701 South Grove A venue, Suite J Ontario CA 91761 909-947-1588 909-947-0388 (fax) 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. Attorneys' 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. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. e 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement \ \c<\5tur\DS\..'pl1hlk Works\RFCA'~\2006 AU\12-{)4-06\AgreclTIPnls for C(>p{e\':hni,'alln\'("sttg,~hon~ and Constnlction ~.1aleri;'11 T('sting 12..04...06\Ninyo & r\'1o()n~\ NmY(l & M'(\on~ Standard A~~rt'erll(~.nt G~~oteCh!1jC<ll [\l\:-estig<ltlOnS and C!\,.-t 'I'\.'stin!~ 12.0.:1--0h.\:II,(" 6 EXHIBIT A e and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. e 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or 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' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. e 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret \ \Cd5t'or\DS\_.Puhlic Work,...\ RH,:A:~ \2lX)6AJJ\.12-04-06\.Agrcemenls for C,,'\)t~x::hnkuJ hwPstigi1tions and. Construction l\..fatcri;'ll TeslingJ2-04-06\Ninyo &; 1\-hll,lf..'\NinY(1 & -M(lfJrC Standard r\gTl'eml~nt Gelllechnica] lm..'{'stigations Jnd Clv'l "r~'sting .12HfH-06.dll(' 7 EXHIBIT A e including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Responsibility for Errors. Consultaot shall be responsible for its work and results under this Agreement. Consultaot, when requested, shall furnish clarification aod/or explaoation as may be required by the City's representatiye, regarding aoy services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultaot occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates aod other Consultaot 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 Emplovrnent. Consultaot will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of ao inconsistency or conflict in this Agreement aod aoy 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 aod fees incurred in the preparation and negotiation of this Agreement and in the performaoce of its obligations hereunder except as expressly provided herein. e 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City aod Consultant aod no other parties are intended to be direct or incidental beneficiaries of this Agreement aod no third party shall have aoy right in, under or to this Agreement. 6.17. Headings. Paragraphs aod subparagraph headings contained in this Agreement are included solely for convenience aod are not intended to modify, explain or to be a full or accurate description of the content thereof aod shall not in aoy way affect the meaoing or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation aod drafting of this Agreement.. In the event ao 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 aod in accordance with its fair meaoing. There shall be no presumption or burden of proof favoring or disfavoring aoy party 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 aod assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at aoy time to require performaoce or compliaoce by the other of aoy of its obligations or agreements shall in e no way be deemed a waiver of those rights to require such performaoce or compliaoce. \C;~:-kll.\DS\Yilbli( \,\-'();k~-\Rl:C;\t~\~lX)o 1\1]\ 12U4.U6\ Agl'c';m(~nl:'i it)\, C\"'\l"(~('.hnkJ.J 1I.lVPstLg;lti()n~ and Con,<;tnlcuon i'vl<lleri,~'1 Tl'sllng12-tH-Ob\Ninvo & t>"lpon'\Niny~) & l\h1ure Swndard i\~:Teenh'nt(,~'ult:chnlG.ll h\V~,~tig'lli()llb and (:1\1 . "I.\'.shng J.2-lH.(I6.d\K 8 EXHIBIT A e 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 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 determined 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. 6.22. Counteroarts. 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. Coroorate 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 formally bound to the provisions of this Agreement. III e III e \ \c,\stor\DS\...,Publk Worb\RR:A'~\2006 AlI\12-04-.06\Agt'fl(!ments fo1' Ceol~~~hnkaI.ILlVestigati()ns andCoDstnKtion Materi;;ll T('sting 12"(H-()6\Ninyo & Moore\. NinYt1 & 'tv1<101'e 5tiJndard Agn.'cnll'nt (;('()technic..lt hl'\'('stigatio!ls and eM 1\'sUng 12-l"I,.06.doC' 9 EXHIBIT A . AGREEMENT FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING 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, NINYO & MOORE Consultant Patrick J. Morris, Mayor By Signature Name and Title Approved as to form: e James F. Penman, City Attorney By L --:r. f~ o e \. \c(\stt\r\DS\_,.F'ubli...~ W(Jf.ks\ RFC.:A1s\2006 AU\12-04-06\Awemnents for C...'>(llt~'hnkaJ.ltwestigali()ns and Constntcti(ln !vl<llerii:d T....~lling -12-0:.l-0h\Ninyo & l\1('X)I\~\Ni1lY~1 & '~hlore Standard A~:T('t'nwntG...'()technK..,l fIWt'sligatiOllb> iilnu eM Tt'sling 12-ll4,-06.d(x: 10 ATTACHMENT 1, EXlllBIT A ~~dllnl f!B;;(:~ ZlIMJIII.IO&Mo\lf'e\-~~-:'~~~~\~ . ,- "iI ~ g , ~ ~M<~.-vY<.~___.~-_ GeorechnK<:'/ 031:(1 Envlronmef"1t<l1 Suences Consultants e- PROPOSAL TO PROVIDE PROFESSIONAL GEOTECHNICAL INVESTIGATION AND CONSTRUCTION MATERIALS TESTING SERVICES SERVICES FOR THE CITY OF SAN BERNARDINO PREPARED FOR: City of San Bernardino 300 North "0" Street, 3'" Floor San Bernardino, California 92418 e PREPARED BY: Ninyo & Moore Geotechnical and Environmental Sciences Consultants 1701 South Grove Avenue, Suite J Ontario, California 91761 September 25, 2006 Proposal No. P-13059 e 1701 South Grove Avenue . Suite J . Ontario. Califorma 9/761 . Phone (909) 947-/588 ' Fax (909) 947-0388 Ontario . Irvine . San Diego . Los Angeles ~ Oakland .. Las Vegas .. Salr Lake Ciry . Phoenix A TT ACHMENT 1, EXlDBIT A PROPOSER'S CERTIFICATION AND ACKNOWLEDGMENT OF ADDENDA FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING It SERVICES 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: NONE Addendum No: NONF. Addendum No: NONE Received on: Received on: Received on: e Proposal Attached: Yes x No . If No, Please sign, date, provide company information and explain reason for not submitting in remarks ~ . Authorized Signature: -9~ Print Signer's Name and Tille: Jalal Vakili, Principal Engineer Date Signed: 09/25/06 Company Name & Address: Ninyo & M::x:>re 1701 S. Grove Avenue, SUite J Ontario, California 91761 Phone: (909) 947-1588 Fax: (909) 947-0388 e Remarks: Page 2 of 14 . ~-71-h--ndtIr;.~/lr'J~7l! If/RUO &~OOre ~-;::::"'~tf';"'l(>\~ ~ ,'~,-r<"""''''>, - ~,...."","~L""'___ <.<'''''''', Geotechnical and Envlronmemal SCiences Consult<mrs ATTACHMENT 1, EXHIBIT A e- Mr, Michael Grubbs, P. E. Principal Engineer City of San Bernardino 300 North "0" Street, 3rd Floor San Bernardino, California 92418 September 25, 2006 Proposal No, P-13059 Subject: Proposal for Professional Geotechnical Investigations and Construction Material Testing Services City of San Bernardino, California Dear Mr. Grubbs: Ninyo & Moore is pleased to submit this proposal to provide professional geotechnical investigations and construction material testing services to the City of San Bernardino (City). This proposal is being submitted in response to the City's Request for Proposal (RFP) To Provide Professional Geotechnical Investigations and Construction Material Testing Services for the City of San Bernardino, dated August 24,2006. We fully understand the City's needs and desires for a qualified consultant that can respond quickly and effectively. We are ready to meet the City's requirements by making available dedicated professionals who have the requisite experience and resources to meet your project needs. e Some of the advantages Ninyo & Moore can provide to the Agency include: . A proven track record for successfully providing professional geotechnical investigations and construction material testing services to cities, ~ounties, and other public agencies, including the cities of Rancho Cucamonga, Fontana, Rialto, Riverside, Moreno Valley, Los Angeles, Irvine, the Department of Public Works at the counties of San Bernardino and Los Angeles; San Bernardino Associated Governments (SAN BAG), the Riverside County Transportation Commission (ReTC), Orange County Transportation Authority (OCTA); Chino Basin Desalter Authority, Orange County Sanitation District (OCSD), John Wayne Airport, as well as Caltrans, California State Parks, and many other agencies and municipalities. Ninyo & Moore is experienced with the coordination and administration of on-call contracts and can effectively provide responsive and comprehensive services to the City of San Bernardino. . As one of the largest geotechnical consulting firms in southern California, Ninyo & Moore is celebrating our 20th Anniversary in 2006 and currently employs over 300 professionals, including California-registered Civil Engineers, Geotechnical Engineers, Registered Geologists, and Certified Engineering Geologists, as well as certified inspectors and technicians. Ninyo & Moore provides geotechnical, environmental, geologic, and materials testing services in-house, reducing coordination and delivery time of our services to our clients. e . Many of our staff are cross-disciplined, including many of our technicians and inspectors, which provides flexibility in the field of our personnel. Our field and laboratory technicians and inspectors hold current certifications from ICC, NICET, ACI, AWS, and Caltrans. 1701 South Grove Avenue . Suite J . Ontario, California 91761 . Phone /909} 947-1588 . Fax (909) 947-0388 __._.__._..._......__._ ",' ..____n__.._ ___._._._._....._._.______.______.__.________._____._______....______< Onrarjo ~ Irvine ~ San Diego " Los Angeles .. Oakland . Las Vegas . Sale Lake City . Phoenix A TT ACHMENT 1, EXHmIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No P-13059 e . In addition to our experienced diversified staff, we maintain three fully-equipped, in-house soils and materials testing laboratories in southern California, located in Ontario, Irvine, and San Diego. Our laboratories are accredited by the American Association of State Highway and Transportation Officials (MSHTO), Cement and Concrete Reference Laboratory (CCRL), Caltrans, the Division of the State Architect (DSA), the City of Los Angeles, and rnimy other public agencies. . Ninyo & Moore will service this contract from our local San Bernardino County office and laboratory located at 1701 South Grove Avenue, Suite J, Ontario, California. . Ninyo & Moore is a Minority Business Enterprise bringing 100 percent MBE participation to this contract. Dr. Jalal Vakili is the Principal Engineer for Ninyo & Moore's Ontario office and is authorized to negotiate with the City of San Bernardino on behalf of Ninyo & Moore. Dr. Vakili's e-mail address is ialal.vakili@ninvoandmoore.com, telephone number is (909) 947-1588, and the fax number is (909) 947-0388. We are fully prepared to make every possible commitment needed for the successful and timely completion of any project assigned to us. Your favorable consideration of this proposal is appreciated, and we look forward to being of service to the City of San Bernardino. Sincerely, NINYO & MOORE e~~ Jalal Vakili, Ph.D., P.E. Principal Engineer KSY/JV/cl Distribution: (4) Addressee e 2 /fb!pD"oV\\IDW8 ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25, 2006 City of San Bernardino Proposal No. P-13059 tit PROJECT UNDERSTANDING Ninyo & Moore Geotechnical and Environmental Sciences Consultants is pleased to submit this proposal to provide professional geotechnical investigations and construction material testing services for the City of San Bernardino. We understand that our services will be provided on an on-call basis and will be subject to the Prevailing Wage requirements and will extend from approximately December 1, 2006 through June 20, 2007, with an optional one-year extension, from July 1, 2007 through June 30, 2008. We are committed to being responsive, thorough, and technically sound in order to provide high quality services to the City of San Bernardino efficiently and comprehensively. We have prepared this proposal based on the information contained in the City's Request for Proposal (RFP) To Provide Professional Geotechnical Investigations and Construction Material Testing Services for the City of San Bernardino, dated August 24, 2006. The coordination of our soils and materials testing services will be provided from our Ontario office, located at 1701 South Grove Avenue, Suite J, Ontario, California 91761. The telephone number for our Ontario office is (909) 947-0388, and the fax number is (909) 947-0388. tit Based on our understanding of the RFP, we understand that our services may include taking preliminary soil samples utilizing 15 foot-deep soil borings to determine the on-site soil characteristics, performing grading observations, taking soil compaction tests to evaluate relative compaction, collecting Portland cement concrete cylinders for laboratory compressive strength testing, and collection of asphalt concrete samples for laboratory conformance testing. We understand that the majority of the work that is anticipated to be requested will confined to routine soil compaction and concrete/asphalt testing. Ninyo & Moore has been providing similar services to many other public agencies and has the in-house capabilities to prOVide the requested geotechnical and materials testing services. Our geotechnical sampling, including logging our borings and laboratory classification testing will be performed under the direct supervision of California licensed Geotechnical Engineers and/or Certified Engineering Geologists. Our field and laboratory materials testers are certified by Caltrans to perform the requested soils, Portland cement and asphalt concrete sampling and testing. e P-13059 1 ~......o. l'(in90.I(I....... ,f~iFr: a.. C "".o. ";CN" C 1-- . . . ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing SelVices September 25,2006 City of San Bernardino Proposal No. P-13059 COMPANY PROFILE The quality of Ninyo & Moore's personnel base of over 300 employees is widely recognized. Our staff of design and construction-related professionals includes experienced and certified registered geotechnical engineers, civil engineers, environmental engineers, engineering geologists and certified laboratory technicians. Since 1986, Ninyo & Moore has been providing geotechnical/geologic design services, hazardous materials evaluation and abatement, and construction support services in the form of soils and materials testing and inspection services for hundreds of projects throughout southern California. Our highly qualified staff is experienced in meeting the requirements of the California Building Code, as well as meeting the requirements of the various regulatory agencies involved with design and construction projects, including OSHA, OSHPD, DSA, South Coast Air Quality Management District, and other regulatory agencies. Our personnel are familiar with the standard plans and specifications prepared by various agencies, including the American Public Works Association, Caltrans, City of San Bernardino, and other agencies. In addition, Ninyo & Moore has three fully equipped, certified soils and materials testing laboratory facilities in southern California supervised by registered engineers. Our laboratories are certified by the American Association of State Highway and Transportation Officials (AASHTO), the Cement and Concrete Reference Laboratory (CCRL), California Department of Transportation (Caltrans), California Division of the State Architect (DSA), the City of Los Angeles, and many other agencies, and meet the requirements of ASTM E329, "Specifications for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction." Our laboratories are equipped with the necessary testing equipment required for the proposed contract. The quality assurance manual for our laboratories assures that laboratory testing is documented and efficiently performed in accordance with the applicable testing standards. Our testing equipment is calibrated by independent, third-party calibration companies and is re- certified by the various agencies within their required time limitations. In addition to our many certifications, our laboratories participate in soil, asphalt, and concrete proficiency sampling programs, including those administered by the AASHTO Materials Reference Laboratory (AMRL), the Cement and Concrete Reference Laboratory (CCRL), and the Caltrans Reference Sample Program (RSP). 111.6. a C 0 6 P-13059 2 -SJ, D ~ 11:. C II: L L 0: .. C It e e e ATTACHMENT I, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No. P-13059 SCOPE OF SERVICES We understand that our scope of services will include the items listed in the City of San Bernardino's Price Form, which we have filled out and included in a separate sealed envelope. Ninyo & Moore has the in-house capabilities and resources to provide the complete scope of services requested in this RFP will not need to use sub-consultants for this contract. This will benefit the City of San Bernardino by having one company to perform the necessary services. In the event that the City would need additional geotechnical or materials testing services beyond the scope of services include in the Price Form, we have included sample scope of services for these areas. We would tailor our scope of services to meet the City of San Bernardino's needs on a project by project basis. Soils and Materials Testing Services Our scope of services for soils and materials testing may include the following: . Project coordination and client liaison, including scheduling of personnel by our Project Manager to provide soils and materials testing services and meeting attendance. . Review of readily available background materials pertaining to the site, including geotechnical reports, and project plans and specifications. . On-site soils and materials testing during construction performed by our certified personnel, on an as-requested basis. Our soils and materials testing services will typically include the following: o Field observation, documentation and testing during the earthwork operations and fOundation excavation operations, as applicable. Our services will include observation of the shoring and fOundation excavations, and field density testing of compacted fill, utility trench backfill, subgrade, and aggregate base materials. o Inspection, sampling and testing during batch plant operations, as required. Field observation and density testing during asphalt concrete pavement operations. Pavement coring of new or existing pavements to observe and evaluate pavement thickness and materials, including sampling of subgrade materials, as requested. . Laboratory testing to evaluate the maximum dry density and optimum moisture content of the soils to be placed as fill or backfill; and conformance testing; R-value testing of subgrade soils and base materials; and material quality tests On the proposed soils, aggregate subbase, aggregate base, asphalt concrete, as may be required. o o . Pavement deflection testing and analyses as requested. . Preparation of daily reports and other memoranda to summarize the field operations and test results. P.13059 ~""'DO' I(ln90'1,\oon di!lI1>", ..,. 0:-" a '" :~--~.. c: It 3 ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25. 2006 City of San Bernardino Proposal No. P-13059 . e . Preparation of letter-reports summarizing the results of our field and laboratory tests, and submittal of these reports to the City's Project Manager and others, as requested. Geotechnical Services Our scope of services for a geotechnical design project may include the following: . Project coordination, including meeting with the representatives of the City and their design team to discuss our scope of work. . Review of preliminary project plans, geologic and seismic hazard maps, and readily avail- able geotechnical reports to evaluate possible geologic hazards that may impact the proposed construction. . Acquisition of permits necessary to proceed with our subsurface evaluation. . Geotechnical site reconnaissance to document the site conditions and to select and mark the proposed excavation locations for underground utility location. . Drilling, sampling, and logging of small-diameter and/or large-diameter exploratory borings and/or excavation of exploratory test pits. The depths of the excavations will depend on the details of the proposed project and site location. Traffic control will be performed, as ap- propriate, in general accordance with the W.A.T.C.H. manual. e . Laboratory testing of representative soil samples to evaluate the soil characteristics. Labo- ratory testing may include in-situ moisture and dry density, gradation, maximum density and optimum moisture content, consolidation and expansion potential, expansion index, con- solidation, shear strength, corrosivity and sulfate content, and R-value testing. o Data compilation and geotechnical analysis of field and laboratory data. Our analyses will address the following: o Suitability of the site for the proposed construction from a geotechnical perspective. o Description of the site geology and on-site soils anticipated during construction, includ- ing an evaluation of geologic hazards that might be present at the site. o Excavation and compaction requirements, including suitability of the on-site soils for use as fill and/or trench backfill. o Analysis of the temporary stability of the trench excavations and shoring pressures, in- cluding allowable lateral earth pressures and allowable passive pressures for proposed trenches, as appropriate. o Evaluation of the depth to the groundwater table and potential areas of dewatering, as appropriate. o Evaluation of potential settlement. e 0 Evaluation of the potential for liquefaction. 1".6. J Cl 0 6 P.13059 4 ".. "'. c . ~ .. 0: N C" ATIACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No P-13059 e o Evaluation of the corrosion potential of the on-site soils. o Evaluation of pavement design for the proposed roadway sections, as applicable. . Preparation of a written report presenting the results of our field exploration, laboratory testing, and engineering analyses, as well as our conclusions and recommendations rela- tive to the geotechnical aspects of project design and construction. . Upon substantial completion of the project plans and specifications, Ninyo & Moore will per- form a geotechnical and geologic plan review to evaluate whether the conclusions and recommendations presented in our report were correctly interpreted and incorporated into the project plans and specifications. e Construction Inspection and Environmental Services We understand that construction inspection services, including reinforced concrete, pre- stressed concrete, structural steel, welding, masonry, and roofing are not a part of this RFP; however, Ninyo & Moore has in-house inspectors that our certified by the ICC, AWS, DSA, that can provide construction inspection if required. In addition, our in-house environmental services include hazardous materials evaluation and abatemenUremediation and we have been able to quickly respond and remediate unanticipated soil/groundwater contamination as well as unanticipated lead painUasbestos abatement on many past projects, with very little if any delay to the construction schedule. We mention these additional services due to the benefit they have provided to many of our materials testing and geotechnical engineering clients when unexpected emergency situations arose and we were able to quickly respond and resolve the issues for them. e Scheduling Ninyo & Moore is committed to providing prompt, efficient, and high quality materials testing and geotechnical engineering services throughout the contract duration. As one of the largest geotechnical and environmental firms in southern California, Ninyo & Moore has the personnel and resources available to complete the requested services in accordance with the construction schedules. Our vast pool of experienced and certified technicians and inspectors has allowed us to accommodate continuous 24-hour construction schedules as well as weekend work when reqUired. Our personnel are equipped with combination digital two-way radios/telephones with paging and voice mail so that our field and laboratory personnel are in constant communication with our project manager, as well as the client, in order to effectively accommodate last minute scheduling changes. In addition, we have provided technicians and inspectors on-site within as P.13059 5 IIlI ~ 0:..... \. .. 0: .. C 0: e e ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No. P-13059 little as 30 minute notification on past projects for other agencies. We understand that the City of San Bernardino requires response time of 30 minutes or less to accommodate last minute changes in the construction schedule. Our current workload allows us to provide the required personnel throughout the duration of the proposed contract for the City of San Bernardino. Quality Assurance/Quality Control Programs Ninyo & Moore has both geotechnical and materials testing quality assurance/quality control programs which facilitate compliance with project performance standards, schedules and budgets. These comprehensive quality assurance plans utilize management approach procedural manuals that delineate the interrelationship between management and design team components and describe specific quality control procedures to be used. The programs a9dress data generation, management, and quality assessment guidelines for sampling and analysis procedures, as well as methods of corrective action. The quality assurance program manuals are available for review upon request. OFFICE LOCATION Ninyo & Moore will manage this contract from our San Bernardino County office and laboratory, located at 1701 S. Grove Avenue, Suite J, Ontario, California, 91761. This facility, which we have maintained since 1997 is only minutes away from the City of San Bernardino. Our field personnel will be based out of this office and we will perform the required laboratory testing in our Ontario laboratory. In the unlikely event that additional personnel or laboratory capabilities are required for this contract, Ninyo & Moore will supplement our Ontario personnel and equipment with the resources from our Irvine office and laboratory, located approximately 45 minutes from our Ontario office. We also have our corporate headquarters office and laboratory in San Diego that can also support this contract, if necessary. PROPOSED PROJECT PERSONNEL Our proposed project manager, who will be the single point of contact for the contract and responsible for the delivery of our services in accordance with the contract documents, is Mr. Kurt Yoshii. Mr. Yoshii graduated from the University of California at Berkeley with a degree in Civil Engineering and is a licensed Civil and Geotechnical Engineer in the State of California. He has over 15 years of experience in geotechnical engineering and materials testing services. e As Project Manager, he has provided project oversight for numerous geotechnical, soils and 19..-2006 P-1J059 6 0,. o:.c...... ....co: . ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services City of San Bernardino September 25, 2006 Proposal No. P-13059 e managed Ninyo & Moore's on-call materials testing contract with Caltrans District 8, and past contracts With the San Bernardino Associated Governments (SANBAG). Mr. Yoshii will be supported by our large staff of available materials testers and licensed geotechnical engineers, certified engineering geologists, and registered geologists. The Principal-in-Charge of this contract will be Dr. Jalal Vakili. Dr. Vakili received his Ph.D. in . geotechnical engineering from the University of Paris, France and is a registered Civil Engineering in California with over 37 years of experience in soils and materials testing projects throughout the United States, with the last 20 years, in southern California. We have also selected Dr. Daniel Chu as the geotechnical technical advisor for his contract. Dr. Chu received his Ph.D. in Geotechnical Engineering from the University of California at Los Angeles and is a licensed Civil and Geotechnical Engineer with over 25 years of experience in providing geotechnical analyses for public works and private development projects in southern California. e The proposed project team personnel are highly qualified and experienced in their specific disciplines, and possess working knowledge of the required documents and standards. The following organization chart outlines the lines of communication that we will utilize for this contract. e P-13059 7 0" o:.e: ...... 0:.... 0: 1....Zgg. e e e ATTACHMENT I, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No. P-13059 i , City of San Bernardino , ..,.,.." _.,."'.~' .... .~, T" "."~ "" .,~,-"<"""",~,'.,, j Principal-in.Charge Project Manager Technical Advisor JalalVakili, Ph.D., PE L'- Kurt S. Yoshii, P.E., G.E. '- Danis Chu, P.E., G.E. ..... --~. ,_.. ... .. - ~"...~.." '" -~''''',',''''...-_..'' .. I 1 Pro ject Engineer Field Operations Manager Garreth M. Saiki, P. E., G.E. R. Mark Reeser T'" ..~- "T Field and laboratory Technicians Engineering Staff Alfred "Tino" Rodriguez Danny Chacon Lawrence T. JansEJ1, PG, CEG Glenn Miller Phil Nekoranec Jim Barton, PG, CEG Woody Maphis Jeremy Allenby Scott Johnson, PG, CEG Andy Rodriguez Eugene Frazier Greg Corson, PG, CEG Jared Recla Kenneth Hicks San Guha, Ph.D., PE, GE Vance Hunter Kevin Taylor Michael Pearce, PE Joe Levario Timothy Clair Aru Chakravarty, PE Cory Furlow Nkholas Jaspar Victoria MacKinnon, EIT Carrie Bates Matt Ardaga Norman Lopez The following table summarizes Ninyo & Moore's project team's qualifications and certified inspectors and technicians, The resumes of our key project personnel are provided in Appendix A. Our proposed project team along with their titles and certifications are listed below: NAME TITLE YEARS CERTIFICATION Engineers/Geologists Jalal Vakili, Ph.D. Principal-in- 37 California Registered Civil Engineer ~ ... Charge Kurt S. Yoshii Project 15 California Registered Geotechnical Engineer Manager California Registered Civil Engineer Garreth Saiki Project 18 California Registered Geotechnical Engineer Engineer California Registered Civil Engineer Daniel Chu, Ph.D. Technical 25 California Registered Geotechnical Engineer Advisor California Registered Civil Engineer P.130S9 8 . e e e ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No. P-13059 Key Inspector/Senior Field Technicians Alfred "Tino" Rodriquez Senior Field 21 ACI Concrete Field Technician Certification Technician/ Caltrans TL-0111 Inspector Certified Inspector, Co. of Los Angeles Co. of Los Angeles, Special Inspector #01260 ICC Reinforced Concrete Inspector #1 044572-88 City of Irvine Registered Special Inspector for As- phalVConcrete/Pavemenl City of Irvine Registered Special Inspector for Struc- tural Concrete #1267 NICET Engineering Technician Certification Nuclear Gauge Operator Certification OSHA 40-Hour Hazardous Materials Certification Glenn Miller Senior Field 18 ACI Concrete Field Technician Technician/ Registered Asphalllnspector/City of Irvine Inspector Registered Pile Driving Inspector/City of Irvine Troxler Nuclear Density Gauge Operator Callrans TL-0111 Certification City of Irvine Registered Specia/lnspector for AsphalVConcrete/Pavement City of Irvine Regislered Special Inspector for Structural Concrete Co. of Los Angeles/Speciallnspeclor #01262 ICCI SpeciallnspectorlStructural Steel and Welding #1033469-85 ICC/Speciallnspectorl Reinforced Concrete #1033469-88 ICCI SpeciallnspectorlStructural Masonry Inspector #1033469-84 40-Hour Hazardous Materials Certification Robert "Woody" Maphis Senior Field 10 ACI Concrete Field Technician Certification Technicianl DSA Certified Inspector #3272 Inspector ICC Reinforced Concrete Special Inspector #1074992- 88 ICC Structural Masonry Special Inspector #1 074992-84 ICC Structural Steel and Welding Certification #1074992-85 ICC Prestressed Concrete Special Inspector #1074992- 89 Troxler Electronics Nuclear Gauge Certification RELEVANT PROJECT EXPERIENCE The following detailed descriptions are some of Ninyo & Moore's related projects, successfully completed by our staff for cities and municipalities, redevelopment agencies, and state and federal agencies, that demonstrate our competence to perform work similar in scope and magnitude to that required for these projects. P-13059 1'11.110- Z P D eo I(lnaO'l(\oore 9 0" ....." "'..c.. A TT ACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No. P-13059 e As-Needed Testing Services, San Bernardino County, California Client: County of San Bernardino, Department of Public Works - Transportation 825 East 3rd Street, San Bernardino, California 92415-0835 Ninyo & Moore was retained to provide as-needed road materials testing services for the County of San Bernardino. Services include on-call support of a variety of transportation construction projects throughout the County of San Bernardino. Our services include roadway rehabilitation/improvement projects that will utilize Caltrans test methods for soils and asphalt materials. Prior to the rehabilitation of existing roadways, the County requires evaluation of the existing pavement structural sections and underlying subgrade soils. Our services include sampling and testing the exiting pavement structural section for material types and thickness as well as evaluate the characteristics of the underlying subgrade soils by sampling and performing appropriate laboratory tests. The data collected is analyzed, along with projected traffic indices for the roadways, in order to develop an appropriate, cost-effective pavement rehabilitation plan. During construction, our services include field and laboratory testing of subgrade, base materials, asphalt concrete, and portland cement concrete materials. Upon completion of the field sampling and/or laboratory conformance testing, written reports of the test results are submitted to the County, generally within 24 hours of the completion of the testing. Laboratory test results are faxed and original copies sent via mail to the County representatives. The County representatives will be immediately notified, both verbally and in writing, of construction operation and/or materials that do not meet the requirements of project plans and specifications, and will include corrective actions to be taken, as applicable. e City of Fontana, On-Call Geotechnical Consulting, Testing & Inspection Services, Fontana, California Client: City of Fontana, Community Development Department 8353 Sierra Avenue, Fontana, California 92335 Contact: Mr. Yousuf Patanwala, (909) 350-6645 e Ninyo & Moore has provided continuous on-call geotechnical testing services for the City of Fontana, Community Development Department since 1995. During this period, Ninyo & Moore has provided geotechnical design services, geologic evaluations, third party review, and soils and materials testing and inspection services for nearly 30 projects for various departments at the City, including Public Works, Building and Safety and Community Development. Our services have included geotechnical design, geotechnical observation and testing and materials testing and inspection services, including reinforced concrete, masonry, and welding inspection services. Geologic mapping and third party technical review for fault evaluations was performed for. the City as well as third party geologic and geotechnical review of grading plans for proposed residential development that included blasting and disposal of oversize rock materials. During construction of public works projects, we provided soils and materials testing services to evaluate the construction materials conformance to the project specifications. Our services including field density testing of storm drain and sewer main trench backfill, subgrade preparation for sidewalks, curbs, gutters, and roadways, and materials testing and laboratory conformance testing of import soils, base materials, portland cement concrete and asphalt concrete materials. Our services consisted of performing laboratory maximum dry density and optimum moisture content tests and performing in-place field density tests of backfill and subgrade materials in accordance with project specifications. We have also performed post- construction evaluations and materials testing including coring of asphalt concrete pavement to evaluate thickness, density and material type, as well as in-place field density testing of trench P-13059 10 l(in9o.1ft.""re I VII 6- Z DO. ..: g F ~"O:: '" .... 0: .." " , e e e ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No. P-13059 backfill and roadway subgrade utilizing sand cone test methods as well as third party review of compaction grouting operations. Upon completion of a project, we submitted a written report to the City of Fontana, as requested, which summarized the results of our geotechnical, materials testing, and third party review services. On-Call Materials Testing Services, Riverside County Transportation Commission Riverside County, California Client: Riverside County Transportation Commission 4080 Lemon Street, Third Floor, Riverside, California 92501 Contact: Mr. Karl Sauer; (909) 787-7141 Ninyo & Moore was retained to provide on-call geotechnical, environmental, and materials testing and inspection services to support various design and construction projects throughout Riverside County. Since 1997, Ninyo & Moore has provided Riverside County Transportation Commission (RCTC) responsive and efficient services on a variety of transportation projects, including geotechnical design services for construction of new Metrolink railroad stations, bridge foundations, highway interchange improvements, parking lot and roadway paving. Ninyo & Moore has provided soils and materials testing and inspection services during various construction projects, including new a Metrolink Station (North Main Corona), new Metrolink platforms and pedestrian overcrossing bridge structures (Downtown Riverside, La Sierra and West Corona Stations), parking lot expansions and facilities (Downtown Riverside, La Sierra, Pigeon Pass Park-N-Ride), five sound wall construction projects along the SR-91 freeway, and re-alignment of the SR-74 highway near La~e Elsinore. Our soils and materials testing services included field and laboratory testing services in order to check that the materials used for the projects were in conformance with the appropriate specifications, including the Standard Specifications for Public Works Construction, the Uniform Building Code, and the Caltrans Standard Specifications. Services included review of the Special Provisions and other specifications for the project, attendance at pre-construction meetings, scheduling of field activities and coordination with the RCTC Contract Manager, ResidenUProject Engineer, and Field Inspectors. Our geotechnical observation and testing services included observation and field recommendations during site grading, including overexcavation evaluations and inspections, inspection of foundation excavations, including footing foundations and the drilling of cast-in-drilled-hole piles, testing of compacted fill placement for subgrade, retaining wall and trench backfill, subgrade stabilization, as well as building pad and pavement subgrade preparation, soil laboratory testing including maximum density, R-value, sand equivalency, and gradation tests; performance of field sampling and in-place density testing during asphalt pavement construction; performance of asphalt production plant inspection and sampling to evaluate conformance with project specifications; performance of laboratory testing of raw aggregate and completed mix samples including sieve analysis, sand equivalent, percent asphalt, and maximum density; and performance of specialized tests, such as film stripping, CKE, and swell, as requested by the ResidenUProject Engineer. In addition, Ninyo & Moore's services included field sampling and testing of concrete structures and paving during construction, including sampling of concrete, and evaluation of the temperature, penetration, air content, and unit weight. Concrete cylinders were cast during structure pours and transported to our laboratory for compressive strength testing. Concrete batch plant inspection and sampling were performed to obtain raw aggregate samples for acceptance testing and to evaluate the batch plant operation for conformance with project specifications. Laboratory testing of concrete aggregate samples included sieve analysis, sand equivalent, and cleanness 19.6- a lJ 06 I(inso>/(Ioore P-13059 11 a.. .._,,0:.... "He::.. . e e e ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25, 2006 City of San Bernardino Proposal No. P-13059 value, as well as specialized tests such as L.A. ralller, percent crushed particles, etc., as requested by the Resident/Project Engineer. Ninyo & Moore has also provided special deputy inspection of field welding, performed non-destructive ultra-sonic testing for fabrication shop and field welding, full-time structural masonry inspection, reinforced concrete inspection, structural steel and high strength bolts inspection and roofing inspection in support of the various RCTC construction projects. On-Call Geotechnical/Materials Testing and Construction Inspection Services for Capital Improvement Program, John Wayne Airport Client: John Wayne Airport 3160 Airway Avenue, Costa Mesa, CA 92626 Contact: Mr. William D. Mohler: (949) 252-6013 Ninyo & Moore was retained by the County of Orange to provide on-call, as-needed geotechni- cal engineering and materials testing and inspection services for John Wayne Airport's (JWA) Capital Improvement Program project. Under this contract, specific task orders are issued by JWA for Ninyo & Moore's services which may include geotechnical design services, including subsurface evaluations, laboratory testing, and geotechnical report preparation; geophysical surveys, including identification and location of existing underground utilities; construction mate- rials testing, including conformance testing of soils, aggregates, Portland cement concrete, asphalt concrete, structural steel, bolts, anchors, and fabricated materials; special deputy in- spection services, including inspection of reinforced concrete, masonry, structural steel, welding, and ultrasonic testing; and pavement evaluations of the existing Portland cement and asphalt concrete pavements at the airport as part of JWA is on-going pavement management program. As part of our contract, our personnel and vehicles were required to obtain airport se- curity clearance and badging in order for us to perform work in airfield and secured areas of the airport terminal. Ninyo & Moore's original contract was extended for one year with two one year extensions. Caltrans District 8, On-Call Materials Sampling and Testing, San Bernardino and Riverside Counties, California Client: Caltrans District 8 464 West Fourth Street, San Bernardino, California 92401 Contact: Mr. Robert 50; (909) 383-4513 Ninyo & Moore was awarded the Caltrans District 8, On-Call Material Sampling and Testing Contract to provide materials sampling, testing and inspection services during the construction of various Caltrans construction projects. Three Task Orders were issued for this contract, which included providing six full-time materials testers in support of approximately 23 miles of highway pavement replacement along Interstate 40 near Ludlow, California and providing two full-time materials testers in support of ten bridge widening projects along Interstate 15, near Mountain Pass, California, as well as providing two full-time materials testers in support of various construction projects located throughout San Bernard.ino and Riverside Counties. Our construction services included earthwork observation and testing; asphalt concrete and portland cement concrete batch plant inspection, compaction testing; laboratory and field testing of soils, aggregate and base materials. Our services were performed in accordance with California test methods for field and laboratory testing at frequencies established by Caltrans. Our personnel worked under the direction of the Caltrans personnel at Caltrans district and field offices and 1.."-:1 Q D 6 P-130S9 12 .'.. ,." .. c "" 0: L L 0:.. C 0: , e e e ATTACHMENT 1, EXHmIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No. P-13059 laboratories located in Barstow, Mountain Pass, and San Bernardino, California. For the Ludlow project, our personnel performed on-site batch plant inspection and laboratory conformance testing at a mobile laboratory established at the contractors on-site batch plant on Interstate 40. Our materials testers maintained current Caltrans certifications for batch plant inspections, laboratory testing of soils, asphalt and concrete materials, as well as field sampling and testing of soils, asphalt, and fresh concrete materials. On-Call Geotechnical Consulting, Soil and Materials Testing Services, Orange County Transportation Authority, Orange County, California Client: Orange County Transportation Authority (OCTA) 550 South Main Street, Orange, California, CA 92863 Contact: Mr. Jim Kahn, (714) 560-5868 Ninyo & Moore was retained to provide on-call soils and materials testing services for OCTA under our current Agreement No. C-2-0707. For the past two years, Ninyo & Moore. has provided a variety of services, including geotechnical consulting, soils compaction testing, special deputy inspection for reinforced concrete, structural steel and welding, and non- destructive testing at the aCTA bus maintenance and operations facilities. At the Santa Ana bus base, we have performed geotechnical consulting services during construction of the ground improvement operations associated with the site grading and building foundation construction. At the Garden Grove facility our services have included reinforced concrete and epoxy inspection, field welding inspection and non-destructive ultrasonic testing, and soil compaction testing during construction of the ADA Modifications to the Operations Building and field welding inspection during the LNG venting system construction. At the Anaheim Maintenance Facility, our services included reinforced concrete and epoxy inspection as well as field welding inspection and non-destructive testing during facility medication construction. Our services at the Irvine Maintenance Facility included reinforced concrete inspection and concrete conformance testing, field welding inspection, and fire proofing inspection services. California State Parks and Recreation On-Call Contract for Geotechnical and Environmental Consulting Services Client: State of California Parks & Recreation 8885 Rio San Diego Drive, Suite 220, San Diego, California 92108 Contact: Mr. John Riley; 619/220-7530 Ninyo & Moore was ranked No. 1 for two consecutive terms by the State of California Depart- ment of Parks & Recreation to provide geotechnical services for projects in the Southern California region. Sites will be located at various State parks, De-aches, historical parks, snoparks, missions, museums and recreational areas. Services to be provided as part of this contract included evaluations of coastal bluff stability, slope stability, erosion control, fault and seismic hazards, and related geotechnical services for proposed improvements. The type of improvements to be evaluated included new and restored dams, spillways, powerhouses, lev- ees, pump houses, roadways, bridges, parking lots, trails, visitor centers, lodges, hotels, campgrounds, restrooms, museums, adobe buildings, historic buildings, theaters, lifeguard headquarters, water supply systems, treatment plants, septic systems, landscape improve- ments, lagoons, drainages and lakes. Seismic retrofit studies were also to be performed for rehabilitation of certain structures. 19..-2D06 P-13059 13 ~/,,\ 0" 0: "0 0:.... ",..e II , e e tit ATTACHMENT 1, EXIllBIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No. P-13059 On-Call Geotechnical Engineering, Soils and Materials Testing and Inspection Services, Earthquake Recovery Project, Various Project Locations throughout Los Angeles County Client: County of Los Angeles, Department of Public Works 900 South Fremont Avenue, Alhambra, California 91803 Contact: Mr. Zaim Khayat; (626) 300-2301 Ninyo & Moore was retained by the County of Los Angeles, Department of Public Works, to provide as-needed geotechnical engineering and construction materials testing and inspection services in support of Earthquake Recovery and Capital Improvement Projects. Our services included performing geotechnical subsurface evaluations and providing geotechnical design recommendations for new construction projects, including a new County of Los Angeles Sheriff Station and retaining wall structures adjacent to the Los Angeles River. These design reports included specific geotechnical recommendations pertaining to the proposed foundations, retaining wall lateral earth pressures, and earthwork and grading recommendations. Our services also included providing County of Los Angeles Special Deputy Inspectors for construction field inspection of reinforced concrete, masonry, welding and structural steel, as well as fabrication shop inspection services. Our soils and materials testing services have included materials testing and inspection for evaluation of existing structures as well as in support of new construction projects. For existing structures, our services included in-place shear testing of unreinforced masonry walls in historic buildings, and concrete coring, including pachometer testing, to evaluate epoxy penetration and concrete compressive strength. During construction our materials testing services have included soils, base materials and asphalt concrete field density testing, laboratory conformance testing of construction materials, including soils, base, portland cement concrete, asphalt concrete, reinforcing steel, and structural steel materials to evaluate the materials conformance to the project specifications. We prepared daily reports to document our field inspection and testing services as well as submitted our laboratory conformance test reports to the appropriate project team members. Our services were performed under the direct supervision of California licensed Civil and Geotechnical Engineers. As.Needed Testingllnspection Services (Geotechnical/Environmental), Los Angeles County, California Client: County of Los Angeles, Department of Public Works 900 South Fremont Avenue, Alhambra, California 91803 Contact: Mr. Jim Verti, (626) 458-4989 Ninyo & Moore is the current on-call consultant to provide as-needed engineering testing and inspection services for the County of Los Angeles. Services include on-call testing and inspection in support of a variety of construction projects throughout the County of Los Angeles and neighboring counties. Our scope of services included field observation and testing for soils, concrete, and manufactured construction products; laboratory conformance testing of the construction materials, including soils, aggregates, base, concrete, asphalt, and steel, to evaluate the materials conformance to the project specifications. Our services also included inspection services by our certified ICC, AWS, and ANST inspectors, registered with County of Los Angeles as Special Deputy Inspectors, for reinforced concrete, masonry, structural steel, welding, and non-destructive testing. Our Environmental services provided under this agreement included: 1) asbestos and lead-based paint surveys and abatement specifications for projects which involve disturbances of potentially hazardous building materials; and 2) contractor observation of asbestos, lead-based paint, and hazardous waste abatement projects to document contractor conformance with contract speCifications including air P.13059 19..' Z DC. 14 '~~, ~,. ~ "" 0:.. L 0:" C 0: . e e ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25.2006 City of San Bernardino Proposal No. P-13059 monitoring, post removal verification, environmental remediation projects. Projects have been successfully completed at several public parks, ComptonlWoodley Airport, Patriotic Hall, and Central Juvenile Hall. On-Call Geotechnical and Environmental Services, Los Angeles County, California Client: City of Los Angeles 650 South Spring Street, Suite 200, Los Angeles, California 90014-1915 Contact: Mr. Christopher F. Johnson; 213/ 847-8789 Ninyo & Moore has been awarded a five year, on-call contract with the City of Los Angeles, Department of Public Works, Bureau of Engineering, Geotechnical Divi- sion to provide geotechnical and environmental consulting services. We are providing task order based services on various public works construction projects throughout the city. Our scope of services includes preparing geotechnical design reports, as well as construction support services, including geotechnical observation and testing during construction utilizing our City of Los Angeles certified Deputy Grading Inspectors. Our environmental scope of services includes hazardous materials evaluations for soils, groundwater, and building ma- terials, including asbestos and lead paint. REQUIRED STATEMENTS As required in the RFP, Ninyo & Moore is providing the following statements: Ninyo & Moore accepts the terms and conditions outlined in the City's Sample Agreement for Professional Geotechnical Investigation and Construction Materials Testing Services which was included in the RFP, dated August 24, 2006. INSURANCE COVERAGE To provide safeguards and to meet the requirements of our clients, we carry the following types of insurance: InSllrailce Type Arnollnt Professional Liability $ 3 Million/claim $ 3 Million aggregate $ 1 Million/claim $ 2 Million aggregate $ 9 Million $1 Million $ 1 Million U.S. Specialty Insurance Company General Liability National Surety Corporation Excess Liability Worker's Compensation Automobile Fireman's Fund Insurance Company American Automobile Insurance Company National Surety Corporation P-13059 15 0" ........ .. .. C:" ATTACHMENT 1, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25,2006 City of San Bernardino Proposal No. P-13059 . e MINORITY-OWNED BUSINESS ENTERPRISE (MBE) CERTIFICATIONS Ninyo & Moore is a Minority-Owned Business Enterprise (MBE). A list of agencies with which Ninyo & Moore is certified as a MBE is presented below: Agency I Certification Certification No. Expiration Date City of Los Angeles I Minority Business Enterprise CCA-964 December 4, 2007 County of Los Angeles 50198 May 19, 2007 CPUC WMBE Clearinghouse I Minority Business Enterprise 90CS0160 June 8, 2008 FEE SCHEDULE As requested in the RFP, we are providing the Price Form for Geotechnical Investigation and Construction Materials Testing Services in a separate sealed envelope. e e P-13059 16 Dr ell C C" L ~ .. C Il ATTACHMENT 2, EXHIBIT A ~~.6rr71t'7~/:lII(Jn9D&~oore~'~A;t~"1lh-.,- Geote<:hnlCilf and Environmental SCIences Consultc1nrs . e- September 25, 2006 Proposal No. P-13059 Mr. Michael Grubbs, P.E. Principal Engineer City of San Bernardino 300 North "D" Street. 3rd Floor San Bernardino, California 92418 Subject: Fee Proposal for Professional Geotechnical Investigations and Construction Materials Testing Services City of San Bernardino Reference: Ninyo & Moore, 2006, Proposal for Professional Geotechnical Investigations and Construction Material Testing Services, City of San Bernardino, California, Proposal No, P-13059, dated September 25. Dear Mr. Grubbs: e Ninyo & Moore is pleased to submit this cost proposal for provide professional geotechnical investigations and construction material testing services to the City of San Bernardino (City). In accordance with the City of Bernardino's Request for Proposal (RFP), we are submitting our cost proposal under separate cover. Our proposed scope of services, summary of qualifications and project organization are provided in the above-referenced proposal dated September 25, 2006. Our services for the scope of work described in our referenced proposal will be provided in accordance with the City of San Bernardino's Price Form, attached to this letter. Additional requested services that may be requested, but not included in the Price Form will be performed in accordance with our attached Schedule of Fees and Schedule of Fees for Laboratory Testing. Ninyo & Moore appreciates the opportunity to submit this proposal and we look forward to working with you. If you have any questions regarding our cost proposal or require additional information, please contact me at your convenience. Respectfully submitted, NINYO & MOORE ~-;;tJ~ . Jalal Vakili, Ph.D., P.E. Principal Engineer KSY/JV/rad e Attachments: Price Form, Geotechnical Investigations and Construction Materials Testing Services Schedule of Fees Schedule of Fees for Laboratory Testing Distribution: (1) Addressee '70/ South Grove Avenue . Suite J . Ontario. CalifornIa 9/76' . Phone (909) 947./588 . Fax (909) 947-0388 ----.-.--._!:.:--------- Ontario . Irvine . Siln Dieqo . Los A.nQeles . Oakland . Las Veaas . Sale lake City . Phoenix ATTACHMENT 2, EXHIBIT A . PRICE FORM GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MA TERrAL TESTING SERVICES September 25, 2006 PROPOSER'S NAME: Ninyo & MJore e . . . " Sa" IIm'IIiIl" i 1111 (To be submitted in a sealed envelope separate from proposal documents) The undersigned Proposer, if offered, hereby certifies that it will accept an annual purchase order effective on or about December 1, 2006 and running through June 30, 2007 for Geotechnical Investigations and Construction Material Testing Services for Capital Improvement Projects on an as-needed basis with no guaranteed usage. The undersigned Proposer understands that, if exercised by the City, an optional one-year extension, as provided in the agreement, shall be effective on or about July 1, 2007 and running through June 30, 2008, and that actual option year pricing shall be negotiated with the Proposer prior to exercising of any given option year; however, the option year extension shall not become effective until issuance by the City of a duly authorized Purchase Order. e Please provide detailed Firm Fixed Prices in the spaces provided below and any other incidental or additional Prices required for completing the Technical Specification requirements. Proposed unit price for routine Services: I. 1 - 4 Each Compaction Tests (including curves) Unit Price 240 Each 5 - 20 Per site visit Unit Price bU Each 20+ Unit Price 30 Each 2. 20 (Sets) Each Concrete Cylinder per Set & Unit Price 200 Each Testing (including c(jllection tests and report) 3. 10 Each Asphalt Extraction Unit Price 95 Each 4. 40 Each Asphalt Compaction Unit Price 70 Each 5. 10 Each Soil Gradation/Screen Analysis Unit Price 100 Each 6. 50 Hours Grading Observation Unit Price 79 Hour e 7. 20 Hours Engineering Geologist Investigation c Consultation Unit Price 133 Hour 8. 10 Each Soil Boring to 15' Unit Price 1,500 Each Page I of2 e e e ATTACHMENT 2, EXHIBIT A . PRICE FORM (CONTINUED) GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES 9 10 Each Pavement Bore (asphalt) Unit Price 95 Each Unit Price 95 Each 10. 10 Each Concrete Core Are there any other additional or incidental prices, which will be required by your ~in order to meet the requirements of the Technical Specifications? Yes I No (circle one). If you answered "Yes", please provide detail of said additional r s: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this submittal. In signing this offer, Proposer warrants that all certifications and documents requested herein are attached and properly completed and signed. Authorized Signature: ~ ~. Print Signer's Name and Title: Jalal Vakili, Principal Engineer Date Signed: 09/25/06 Company Name & Address: Ninyo & ~re 1701 s. Grove Avenue, Suite J Chtario, California 91761 Phone: 909) 947-1588 Fax: 909) 947-0388 Page2of2 . e e ATTACHMENT 2, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services September 25, 2006 City of San Bernardino Proposal No. P-13059 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/GeologisUEnvironmental Scientist .................................................. ............................... ........ $ 139 Senior Engineer/GeologisUEnvironmental Scientist..................................................... ............... .......... ............... $ 133 Senior Project Engineer/GeologisUEnvironmental SClenllsl.................................................................. ............... $ 127 Project Engineer/GeologisUEnvironmental Scientist......................................................... .............. ...................... $ 123 Senior Staff Engineer/GeologisUEnvironmental Scientisl..................................................................................... $ 109 Staff Englneer/GeologisUEnvironmental Scientist...... ........................................................................................... $ 96 GIS Analyst ....................................... ....................... .................................................................. ............................ $ 96 Field Operations Manager ..................................................................................................................................... $ 85 Supervisory Technician' ............. .................... ........... ....................................................... ........................ $ 85 Nondestructive Examination Technician. UT. MT. LP' ....................................................... ...................... $ 85 Pull Test Technician and Equipment' ........................ .................. ..................................... .............. $ 85 Senior Field/Laboratory Technician' ........................................ ...................................... . .............. .. ............ $ 71 Field/Laboratory Technician' ............................................................................................ .................. ................. $ 71 ACI Concrete Technician' ............ .... ..................................................................................................................... $ 71 Concrete/Asphalt Batch Plant Inspector............................................................................................,................... $ 71 Special Inspector. Reinforced Concrete' ............................................................................................................. $ 71 Special Inspector, Pre-stressed Concrete' .......................................................................................................... $ 71 Special Inspector, Reinforced Masonry' .............................................................................................................. $ 71 Special Inspector. Structural Steel' ....................................................................................................................... $ 71 Special Inspector. Welding. AWS' ........................................................................................................................ $ 71 Special Inspector. Fireproofing' ........ .................. ................... ............................................. ............ ................ ....... $ 71 T echnicallllustrator/CAD Operator................................................... ............ .................................. ....................... $ 69 GeotechnicaUEnvironmentaVLaboratory Assistant.............. ................. ......... .................. ............. .............. .......... $ 53 Information Specialist.................. ...................................................................................... ............................... ...... $ 52 Data Processin . Technical Editi . or Re roduction..........................................................................:................ $ 44 OTHER CHARGES Expert Witness Testimony ............................................................................................................................ $ 300 Ihr Concrete Coring Equipment (includes one technician)..:....,........................................................................ $ 145lhr Special Preparation of Standard Test Specimens....................................................................................... $ 64/hr Inclinometer Usage ...................................................................................................................................... $ 32lhr Vapor Emission Kits...................................................................................................................................... $ 30/kit Rebar Locator (Pachometer)........................................................................................................................ $ 10/hr Nuclear Density Gauge Usage ..................................................................................................................... $ 9/hr Field Vehicle Usage...................................................................................................................................... $ 8lhr Direct Project Expenses.......................................................................................................................... Cost plus 15 % Laboralo testin. eo h sical ui ment. and other s ecial e ui ment rovided u n re uest. NOTES (Field Services) For field and laboratory technicians arid special inspectors, regular hOUrly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an a- hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal. 'Indicates rates that are based on Prevailing Wage Determination made by the State of California. Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with Ihe increase in the Prevailing Wage De- termination during the life of the project. . INVOICES Invoices will be submitted monthly and are due upon receipt. A service charge of 1.0 percent per month may be charged on accounts not paid within 30 days. c. 1(In911&/(loore . . e ATTACHMENT 2, EXHIBIT A Professional Geotechnical Investigations & Materials Testing Services City of San Bernardino September 25, 2006 Proposal No. P-13059 . SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Anerbefg UrnKS. 0 4318. CT 204..... ............... .........$ CaIWomia Bearing Ralio (CBR). 0 1883 ....... ....... .............$ Chloride and SuWate Conlenl. CT 417 & CT 422 .. .............. ..$ consolidation. 0 2435. CT 219.. ....... ............. ..... ..............$ Consolidation- Time Rate. 0 2435. CT 219.... ....$ Direct Shear - Undisturbed. 03080... ............ ......... ......... ... $ Direct She", - Remolded. 0 3080...... ............................ ..$ Durability Index. CT 229..... .......... ..$ Expansion index. 04829. USC ll1-L . ........... ....... .$ Expansion Potenlial (MeIt1od A). 0 4546.... ................... .....$ Expansive Pressure (Melt1od C). 0 4546.. ... ...... ......$ GeofabricTensile and Elongation Test, 04632. .... ............ ..$ Hjdraul~ COnductivit;. 0 5084... ..$ Hydrometer Analysis. 0 422, CT 203.. ..... ....... ....... .,$ Doubie Hydromelet Analysis. 0 422. CT 203.. . . ..........$ Moisture. Ash, & Organic Matteraf PeatlOrganic Soils. ..........$ Moisture Only. 0 2216. CT 226 ..... ... ............. .......... .........$ Moisture and Density, 0 2937........ ... .... ...... ........ ... $ Permeability. CH. 0 2434. CT 220... . ... .....$ pH and Resistivity. CT643........ ........ ............... .................$ Proc1orDensity 0 1557. 0 698. CT 216, &.. .. .... .... ...$ AASHTOT-180 (Rock corrections add $80) R-value, 0 2844. CT 301...................... ... ................ .....$ Sand Equivalenl. 0 2419. CT 217 ............... ............................$ Sieve Analysis. 0422. CT 202 ........ ............... ....... ... .........$ Sieve Analysis. 200 Wash. 0 1140. CT 202 .............. ..............$ Specific Gravit;. 0 854. ............. ... ...... ...... ...............$ Triaxial Shear. C.O. 0 4767. T 297... ...... ....... ........... ..... ....$ Tnaxial Shear, C.V.. wfpore pressure, 0 4767, T 2297 per pl..$ Triaxial Shear. CU. wIo pore pressure. 0 4767, T 2297 per pI. $ Triaxial Shear. U.U.. 02850. ......... .............. ........... ........... ...$ Una>nfined Compression, 0 2166. T208.. ...... .. ..... . ......$ Wax Density. 01188............. ............. ...... ...........................$ B2!l!lmI Buit"'p Roofing. cul-oul sampleS. 0 2829 ...............................$ Roofing Materials Analysis. 02829 ........................... ............$ RooIingTilo AbSOfllIion. (set of 5). UBC 1:;.5 ............. ............$ ~TiieSlrengtl1Tesl.(selof5).UBC 15-5......... ..........$ 130 400 120 250 60 225 260 140 150 130 130 150 275 175 270 100 25 35 210 125 160 Concrete Cement Analysis Chemical and Physical, C 109 .................. ...........$ 1.500 Compression Tesls. 6x12 Cylinder. C 39.. ...........$ 19 Concrete MixOesign Review, Job Spec ....... ...... ...................$ 125 Concrete Mix Design. per Trial Balch. 6 cylinder. ACI.. ......... .........$ 675 Concrete Cores. Compression (excludes sampling). C 42 .......... ....$ 50 Drying Shrinkage. C 157 ...... ............ ..................... ...... . ...... ........$ 225 Fiexural Tesl. C 78.. ............ ..........$ 45 Fiexural Tesl. C 293 ......... ..................... . ....$ 50 FlexuralTesl. CT 523... ... .......................$ 55 GunitelShotcrete, Panels. 3 cut cores per panel and lest. ACI ........$ 225 Jobsne Testing Labolatory ... ..... ......... ................. Quote Lightweighl Concrete Fill. Compression. C 495.. ........ ......... .......$ 35 PelrtlgraphicAnalysis. C 856. ....... ................ ......... .. .......$ 1,000 Spilling Tensile Strength. C 496... ...... ..... .......$ 70 Relnforcin"" and !l;.tructural Steel Firep<Wklg Densit;Tes~ UBC 7<L .. .... .... ..... ..... ...................$ 50 Hardness Test. Rockwel$, A-370... ................ ....,,_......................$ 45 High Slrength Boll, Nul & Washer COnfonnance. sel. A.32 ............$ 110 MechanicaHy Spliced Reinforcing Tensile Tesl. ACI...... .................$ 85 Pne-Stress Strand (7 wire). A 416. .... ...... ............ .. ....................$ 125 Chemical Analysis, A-36. A-615 ........................ ..............................$ 110 Reinfon:ingTensile or Bend up to No. 11.A615& A 706 .............$ 45 Structural Steej Tensile Test: Up to 200,000 Ibs. (machining extra). A 370........... ..... ..................... .......... .......... ..$ 60 Welded Reinforcilg Tensile Test Up 101'40. 11 bars, ACI. ...... .... ..,$ 50 Asahan. Concrete AsphaRM'lXlJesign.Callrans.. . ........ ....... ..... ..... .........$ 2.000 AsphaRMix Design Review. Job Spec .. ....................... .........$ 135 Exlraction. % Asphalt, including Gradalion. 0 2172. CT 310.... ........$ 195 Film StJipping. CT 302.........................................................................$ 90 Hveem Stability and UnrtWeighl CTM or ASTM. CT 366.................$ 175 Marshal SIabiIity. Flow and Unn Weigh~ T.245...... .........................$ 195 Maximum Theoretical UnitWeigl1t. 0 2041......... ........ ........... ....$ 110 SWell. CT 305 ............ ............ ................. . ................ .....$ 150 UnilWeighI sample oroore. 0 2726. CT 308 ............. ............ ......$ 80 22S 80 100 80 80 350 300 175 125 90 80 150 450 175 175 Masonrv Brick AbSOfllIion. 24-hour subme"ion. C 67 ............ .............. .$ 40 Brick AbSOfllIion. 5-hour boiling. C 67 ........ ............... .............$ 50 Brick Absorption. 7-<Jay. C 67 ....... ....................... ..................$ 55 Brick Compression Tes~ C 67 ......... .. ........ ........... ...............$ 40 Brick ElIIorescence. C 67.. ............... ................ . ..... ...$ 40 Brick Modulus ~ Rupture. C 67 ........ .......... ..................... ..... .$ 35 Brick Moisture as """,",ed. C 67 ... ......... .................. ... ........ .$ 30 Brick Salutation Coelficlent. C 67 ... ............................... .........$ 45 Concrete Block Compressiorl Tes~ 8x8x16. C 140 .............. ...$ 55 Concrete Block COnfonnance Package. COO..................... ...$ 400 Concrete Block Unoar Shrinkage. C 426.......................... .. .....$ 110 Concrete Block Unit Weighl and AbSOfllIion. C 140........ .........$ 50 Cores. Compression or Shear Bond. CA ~.........................$ 50 Masonry Groul. 3x3x6 prism cornpression. UBC 21-18............$ 25 Masonry MorIar. 2x4 cylinder compression. UBC 21-16 ..........$ 2S Masonrv Prism. hal size. comCOlSSion. UBC 21-17 .................$ 100 Special preparation of standard teslspecimens win be charged at the technician's hourty rate. Aoaraaates Absorption. Coan;e. C 127... ............... ...... ........... ......$ Absorption. F"". C 128.............. .. .. ............... .......................$ CIay~umpsand Friabie Par1icles, C 142. ....... ........... .....................$ Cleanness Value. CT 227 ........ ..... .... ...... .......................................$ Crushed _S. CT 205.. ........ .. ................. ...............................$ llurabilty.Coar.le.CT229.. ............ ............ ........... ......................$ Durabilty. F.... CT 229................... .......... ........................ ...............$ ~os Angeles Abrasion. C 131 or C 535..............................................$ MorIar making properties ~fine aggregate. C 87 ..............................$ Organic Impurities. C 40..................................................................... $ Potential Reactivity of Aggregate (Chemical Method). C 289............ $ Sand Equivalenl. CT 217 ....................................................................$ Sieve Analysis. Coan;e Agg'egate. C 136 .........................................$ Sieve Analysis. F"" Aggregate (including wash). C 136...................$ Sodium SuWate Soundness (pet sizs fraction). C 88..........................$ Specific Gravity. Coa"e. C 127.... ... .................................................$ Specific Gravity. Fine. C 128............. ......................... ....................$ 30 30 95 110 130 120 120 165 250 50 350 80 95 95 145 65 75 Ninvo & Moore is accredited to oertorm the AASHTO eouivalenl of manv ASTM lest oracedures. 1(In911&/ftaora ,u EXHIBIT B . e AGREEMENT FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING 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 HILLTOP GEOTECHNICAL, INC. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the Geological Investigations and Construction Material Testing 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 D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. e NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall furnish on-call, as-needed Geological Investigations and Construction Material Testing services to City in accordance with Consultant's proposal dated September 25, 2006, attached hereto as Attachment 1 and incorporated herein. It is agreed that Consultant shall accomplish all Geological Investigations and Construction Material Testing services in accordance with the standards of the City. 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. e 1.3. Warranty. Consultant warrants that it shall perform the services required \. \cdstor\DS\_I::Iublk ~\'ork8\RFCA's\20n6 All\.l2-(4~()6\Ag,n~ements inr Ceol&~hniral. Investigations and COnSU1.lCUOn :\.l"tt>riaJ Testint; 12..04AJ6\Hilltop GcotechniG11\Hilltop Cl"otl:'i."hnic Standard i\greem~'nt G~~ott.'Chnicallnvt'sljg(ltions and Cl\--l Tt'shnl~ 12-n:l..()(),d\''!\' 1 EXHIBIT B . e 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. 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 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 services contemplated by this Agreement. e 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that as the City's on-call geotechnical investigations and construction material testing consultant, Consultant shall maintain a 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. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such services in accordance with the attached "Price Form" (See Attachment 2). e 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City \ \Cilstu.r\DS\J'ublh..' Works\R.FCA's\2()06 Al1\12..{)4~06\Agrcemt.'nts for C;(~(ll't"\~hnkQl. hl\'l"stig~lbons and Constl'l.l,ctwn Mah>nal Testing 12-0l-06\Hillh)p G~~oh.."ChnjG1I\Hmtop GeoH'dmlc Standurd Agreemmt G~'(llechni\:al fnvl.;'stig<ltioJ\s and C:t-.:l TI~5ting 12-lMA)6.dnc 2 . e e e EXHIBIT B or its Construction Engineer for this Project, pnor 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. 2.3. Method of Billing. Consultant may submit invoices to City's Construction 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 from 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 Construction 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 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 Construction 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 TERMINATION 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. 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 \\C'lstnr\ DS\_.P-ubJ-i( WGrk~\RF{:Ai~\2lX)6 AlJ\'l2-04-06\Agrccuwnts [(11' Cl'~)l(~:hnkaj Ttl\'Cf;:t;,giition~ and. Conslnlction l\hth'X1i.ll Teslin~; J2-04-06\l-'fil1lof' G<!oleclmic\l\l"']il1tnp Ceot('('llllic Swndard /\gTeenWJlt (;e"le.::hnk~ll fllvP"tig(ltions and C\:1 T(~shng 12-1)'-I-l)fj.lk,c 3 EXHIBIT B e 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. 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 termination. 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 termination 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 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. e 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all ofthe 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, liired, 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 insurance 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), e \ \c{L"tor\DS\.PubH,,-~ \Volks\RFCA's\21106 AlJ\12-04"06\Ag.re(~tnent8 for CL>olechni\~al Tnvestigatiom; and ConstnlCu.un I\f:lh'ri<ll Testing 12-04-()6\Ffilltl)p Gt~olt."<.:lmiG\I\HilllOp Geotechnic Standard AgTeenHmt G(~(lte,,:hnit-al fnvE.'stigatioIls and Cr-.t T,,~shng 12-lH.t.l6.dllc 4 EXHIBIT B e 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. 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 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." e 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 shaliprevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. e Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on \ \cdS'tor\DS\__Ptlblk Wor.ks\Rf(.:A'~\2006 All\12-CI4-06\Ar,reements few Ceole\:hnkal hl\'P~hg;ilion~ and C:omlnlcti(ln \'vhlkrial Te~lillg 12..{).:l-06\FfiHtop G(~oteclmkal\Hjlltop Ccotedmic SlImdard ,lI,gt"eenwnl- C;"(ltechnkilllnvi.:'~Jig';1tinn.~ ani1 C\l 'r!";l'inl,~ l'.;-\;.l-ilr) '_,Ii .. 5 EXHIBIT B e behalf of Consultant called for by this Agreement, except as othelWise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Construction Engineer to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager 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 United States mail. e IF TO CONSULTANT: Mr. Mark Hulett, President Hilltop Geotechnical 786 S. Gifford Avenue San Bernardino, CA 92408 909-890-9079 909-890-9055 (fax) 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 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. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. e 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement \, \Crl<:tor\L6\.'publil' \,VOJ,b\RR:A's\2l106 A1J\12.,04-06\Agrcemcnts lot' C('\)tt~\:hnkaJ.l.tl\'(-'sltf,(-Jtions and Constnlction l'vlilteliul 'resting 12..04-06 \r'filltop Geotedmkal\Hilltop Gcob:'dulic Standard Agreerm~nt G0oto.::hni..::al InVt'stigations and C1v1 'l\'sting 12-l\.:1-06.d(x.' 6 EXHIBIT B e and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8 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 deduc~ions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. e 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. e 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret \ \Cdstl)r\DS\_.,Publk \Vor.k,,\R.FCA1,,\20l.l6 All\.12-0406\A.grcclne'Ots for C~'i)tc(:hni\'ul Lm.cshg,ltiO'OS iiTHl Constnlcu\m l'vf.ltt'lial Testing 12~(}4~06\I-lilltop G('olec1miGll\f-li1:lop Ct'okchl1ic Slomduld .\1,;reenlt'rlt (;V\lkdlni,"i!l fnv(."tig,-ltim1" anil ;' \ I :. '--., 1: "~ I~', :-1 '! I', 7 EXHIBIT B e including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 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 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. e 6.16. No Third Partv Beneficiarv Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct 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 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 shilfbe 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. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20, Waiver. The delay or faih,lre of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in e no way be deemed a waiver of those rights to require such performance or compliance. \\Cr15t:or\DS\...Publk Work<;\R.i:~CA',<:\2006 AIJ\12-04-06\,Agn~emcnts for C~'ot~\:hni\:uJ T.llvestig<l!ions and Constnsctinn 't\'bkrial Te"tin~: 11-04-0f,\FfiJ1lop (;t!otechniGl1\ [Iintop Ceott'clmic Standard ;\t~reenwnt-G(';ltedHlkl.ll J\lv('stig;~tion:o and CJ\:l 'It'sting l2-I}:JA)6,(llx' 8 EXHIBIT B e 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 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 determined 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. 6.22. Countemarts. 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. Comorate 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 formally bound to the provisions of this Agreement. III e III e \ \castu.r\D5\_..Publil~ Wm.ks\RFC:A's\2G06 AU\12-04-06\Agn~(~m(:'Tlts for Gl~ole::hnkal Investigcl'uons andConstmdi.on J\..h'h'rial Testin:.~ 12-0.;J-06\FfiIJlop (;l'olechnit:i\l\ !"'lil1top Geotl'lhllic Standard ;\gl'cenlenl' Ge~ltechniGll flW{'stii;"Hons Imd C"t\.'l Tt~st.ing 12-lll-06.d()( 9 . e e EXHIBIT B AGREEMENT FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING 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 wri tten. CITY OF SAN BERNARDINO, A Municipal Corporation, HILLTOP GEOTECHNICAL, INC. Consultant Patrick J. Morris, Mayor By Signature Name and Title Approved as to form: James F. Penman, City Attorney ,f~ \ \C(15tor\DS\_Publk Wllrk~\RF(:A'~\2()06 ,AU\12-04-06\Agremnents for Ci:.-'i.)lt!(:hni,,-~al hwestigi-ltions and Construction [vfateriDI Testing 12-{)4-06\fHlU(lp Ct~otechnjG11\Hilltop Geotl'chnic Standard Agreenwnt Gt~,,!t'Chnkallnvt;'stiw'tions <.lJld Ov1 Tt~sting 12-11:1-06.lkw:' 10 A IT ACHMENT 1, EXHIBIT B . e ,,-'~ 91 'c'' PROPOSAL FOR PUBLIC WORKS GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING ~: 1 SEPTEMBER 25, 2006 - SUBMITTED TO: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT .::r.j PREPARED BY: ~ ,'" HILLTOP GEOTECHNICAL, INC. 786 SOUTH GIFFORD AVENUE SAN BERNARDINO, CALIFORNIA 92408 e , .j. e e e .'] ATTACHMENT 1, EXHIBIT B . PROPOSER'S CERTIFICATION AND ACKNOWLEDGMENT OF ADDENDA FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES 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 No X. If No, Please sign, date, provide company information and explain reason for not su~ ,;rks below. . Authorized Signature: ~ _ Print Signer's Name and Title: Mark Hulett, President Date Signed: September 25, 2006 Company Name & Address: Hilltop Geotechnical, Inc. 786 South Gifford Avenue San Bernardino, California 92408 Phone: 909-890-9079 Fax: 909-890-9055 Remarks: Page 2 of 14 , ATTACHMENT 1, EXHIBIT B ., e HILLTOP GEOTECHNICAL 786 S. GIFFORD AVENUE' SAN 8ERNARDINO . CALIFORNIA 92408 hilllopg@hgeolech.colTI . FAX 909.890.9055 . 909-890-9079 INCORPORATED September 22, 2006 '.;, City of San Bernardino 300 North 'D' Street, Third Floor . San Bernardino, CA 92418 Proposal P06155 Attention: Mr. Michael Grubbs, P. E. Subject: Proposal for Public Works Geotechnical Investigation and Construction Material Testing Services, City of San Bernardino, California. e Reference: Request for Proposals to Provide Professional Civil Engineering Services for Public Works Geotechnical Investigations and Construction Material Testing Services; Prepared by the Department of Public Works, City of San Bernardino, Dated August 2006. Hilltop Geotechnical, Inc. wishes to thank you forconsicl~rationofus to provide you with various geotechnical consulting services that ~ou. might require. In accordance with your request, we are pleased to subm. i.t. th.. is. Proposal. Basedup.on... the re.. ferenced. 'R. e. quo es.tfor Proposal' it is our understanding thatvari~~stypes of soils, concretr and asphalttesting\Vi.H be required for various projectsvvit~il1the city. In. general, our services ~ilI include. routine compaction, concrete, !Isphalt andsoil.gradation testing and soil borings to 15 feet. Hilltop Geotechnical, Inc. isqualifi~d topelform all the services yourequi~. Unitpricesfortl1~itetnS you have requested~es~bmitted under a separate cover. We have read an1undersijUldthe definitions of wltafeachtest includes and have incorporated our costs into these Ullit prices. e Hilltop Geotechnical, Inc. has ...annulil..-geotechnical . ,'''' .\. ......... ',;',' . ~.,.:.' - , e e ;~9. ~!~ e ATTACHMENT 1, EXHIBIT B P06155 September 22, 2006 Page 2 geotechnical consulting and materials testing services to many of your neighboring cities or counties such as the County of San Bernardino, County of Riverside, City of Riverside, City of Loma Linda, City of Highland, City of Redlands, City of Rialto, City of Moreno Valley, City of Big Bear Lake, City of Lake Elsinore, and the City of Colton. Past projects with you have included performing compaction testing during various street improvement projects, performing asphalt and concrete coring for pavement evaluation, pavement compaction testing and asphalt laboratory testing as well as special preliminary soil investigations for geotechnical design, slope stability, retaining wall design, distress evaluations and environmental studies. Additionally, Hilltop Geotechnical, Inc. has had past experience on many other types of projects. Our staff has performed numerous studies involving streets and utilities for pipeline studies, pavement analysis, trench wall stability, and rippability studies. We have experience in many types of construction projects that require compaction control for soil, concrete and asphalt inspection services. Hilltop Geotechnical, Inc. is a qualified 'consulting firm a!1d soils and materials testing laboratory. Originated initially in 1992, we have been affiliated with and/or participated in numerous organizations such as the Inland Geological Society, the Building Industry Association, the Portland Cement Association, and the International Conference of Building Officials (ICBO). Our laboratory and our technicians have been previously Caltrans certified. We have worked closely with Mr. Monte Hammer, the independent quality assurance associate for our district of Caltrans. He has visited our laboratory and qualify's our personnel. Additionally, our laboratory ~as been recently re-inspected by CCRL (a certified laboratory inspection organization). We also participate in CCRL' sand ARML's semi-annual proficiency testing program. We are also approved and certified to perform geotechnical consulting and testing services with the State of California - Division of State Architects, who are primarily involved with the development of schools and hospitals. Our technicians are well trained and are all currently certified in nuclear gage testing for soil and asphalt testing services as well as ACI certified for all types of concrete testing that would be required. We have performed compaction testing for many types of public works projects for HILL TOP GEOTECHNICAL, INC. 1-- , e -.e -,. ~.. ~.,,-, ""0 .e , ~" 'j , ATTACHMENT 1, EXlllBIT B P06l55 September 22, 2006 Page 3 local cities. Projects typically included utility installation, street widening, and paving operations, grading control, concrete inspection, cylinder fabrication, and other miscellaneous inspection services. Many of the projects have been within the Caltrans right-of-way and as' such, we are adaptable to either Caltrans or Green Book procedures. PERSONNEL Mark Hulett is president of Hilltop Geotechnical, Inc. and is responsible for the overall management and operations of the company. He is a Licensed Engineering Geologist with over 23 years of geotechnical experience. Mr. Hulett will provide for all of the managerial dealings with the proposed contract as well as all of the geologic consulting and analysis. Don Curran will be designat,ed the Licensed Engineer and Project Manager. Mr. Curran currently possess over 34 years of geotechnical, construction testing and project management experience and will be accessible to your construction manager during the life of the contract. Our project manager will assume the following functional responsibilities. . Review, monitor, and provide general-direction for this field and laboratory personnel. . Administer all personal leave and substitution of personnel, subject of approval with the City of San Bernardino's Field Engineer. . Be available for any scheduled meetings with City Staff. Resumes of our principals are included in the appendix. Other key personnel that we anticipate to be assigned to the project include: Michael Carrillo Tony Norcross Evan Martin Kevin Beath ' Senior Supervisory Soils and Materials Field Technician SoilslMaterials Field Technician SoillMaterials Field Technician Laboratory Manager HILLTOP GEOTECHNICAL, INC. . ~,e e ".:! i ATTACHMENT I, EXIllBlT B P06155 September 22, 2006 Page 4 Caltrans certifications showing the qualifications of each technician/inspector anticipated to be involved with this contract are attached to this proposal. Our Caltrans Laboratory Certificate is also included. Caltrans approves technicians on a semi-annual basis but will only approve technicians when actively participating in Caltrans projects. OUf technicians will be re- approved when an active project is specified. Specific resumes of our key personnel as well as other certifications (CCRL, DSA, etc.) can be provided upon request. OUTSIDE SERVICES We anticipate using Cal Pac Drilling Company for any services that require drilling such as the 15 foot borings itemized in your 'Routine Services". We have worked with Cal Pac Drilling Company for many years and have a very good working relationship with this company. With this exception, we do not anticipate the need for any additional outside service. However, if required, professional services, equipment, or tests not provided by HILLTOP GEOTECHNICAL, INC. and any unusual items of expense not customarily incurred in our normal operations will be charged at cost plus 15 percent. Any necessary "Outside Services" to be negotiated in advance of provisioning. REFERENCES Hilltop Geotechnical, Inc. has provided geotechnical services to numerous governmental agencies and developers throughout the Southern California area. A partial client list that includes their address and telephone number are presented below: CITY OF HIGHLAND 27215 Base Line Highland, CA. 92346 Contact Person: Joseph Hughes Phone: 909-864-6861 CITY OF REDLANDS 35 Cajon Street, Suite 222 Redlands, CA. 92373 Contact Person: Mr. Wen Huang Phone: 909-798-7655 CITY OF RIVERSIDE 3900 Main Street Riverside, CA. 92522 Contact Person: Mr. Daniel Ciacchella Phone: 951-826-5889 HILLTOP GEOTECHNICAL, INC. , ATI'ACHMENT 1, EXHIBIT B P06155 September 22, 2006 . CITY OF LOMA LINDA 25541 Barton Road Loma Linda, CA. 92354 PUL TE HOMES CORPORA nON 39755 Berkey Drive Palm Desert, CA. 92211 ASHBROOK COMMUNITIES 3070 Washington Street Riverside, CA. 92504 JOE BONADIMAN & ASSOCIATES 588 W. 6th Street San Bernardino, CA. 92410 . SPECIFIC SERVICES Page 5 Contact Person: Jarb Thaipejr Phone: 909-799-4401 Contact Person: Bob Paridise Phone: 951-271-5800 Contact Person: Dave Twedt Phone: 760-200-9290 Contact Person: Joe Bonadiman Phone: 909-885-3806 It is our understanding that Hilltop Geotecbn!cal, Inc., acting under the specific authorization of the City of San Bernardino or their authorized representative, will provide a qualified technician for inspection and testing purposes and evaluation of earthwork materials, processed aggregate materials, concrete and asphalt materials encountered during the construction of the various city improvement projects. Hilltop Geotechnical, Inc. shall also provide laboratory testing services for soil, processed aggregate materials and pavement materials in accordance with the plans and specifications for each he project. Hilltop Geotechnical, Inc. will also provide an office contact person who will coordinate the scheduling of the field technician for testing and sampling with the City. For this project, we anticipate using our present laboratory facilities at 786 South Gifford A venue, in the City of San Bernardino. Our field technicians will perform the required testing and observation as requested by the City of San Bernardino or their authorized representative. At the conclusion of our testing, we will provide the results of our observations and testing in a formal report to the satisfaction of the City. Detailed services for soil, asphalt and concrete . are presented below. HILLTOP GEOTECHNICAL, INC. . .e '::!i e ATTACHMENT 1, EXHIBIT B P06155 September 22, 2006 Page 6 Soil Testin!: Primary services are anticipated to consist of compaction testing. This testing will be conducted by using either a nuclear gauge and/or sand cone method. Our laboratory will also perform maximum density/optimum moisture content determinations and/or check point determinations to assure compliance with existing curves. Other laboratory testing such as sieve analysis, R- value determinations and other testing may also be required. Grading observation may also be required on an as-needed basis. All field testing will be reported in a field daily and all tests will be summarized at the completion of each project. Written results of all laboratory tests will be provided. Asohalt Testinfl We propose to provide compaction testing for your paving projects. Asphalt inspection services can also be provided, if requested. In-house laboratory testing services such as asphalt extraction, Hveem and stability testing, specific gravity and/or core density testing can also be provided. Written results of both field and laboratory testing will be submitted upon completion of the project. Concrete Testin!: Our field services will include fabricating concrete test cylinders (3 cylinders per test minimum), in accordance with your field inspectors request. We will provide pick-up services, store, cure and test the samples at 3,7 and 21 days from the date offabrication, unless specified differently. Additional concrete tests and/or aggregate tests can be provided, upon request. All test results will be recorded in written format. SoU Borin!: Upon request, we can perform soil boring(s) at specified locations. Our services will include drilling and logging a IS foot boring. Undisturbed ring sampling will be conducted at various intervals and blow count information will also be recorded. Written logs that will include soil classification, blow count information, groundwater information (if encountered) and sample locations will be provided. Deeper drilling and specific sampling can also be performed, upon request. These services will include general traffic control and asphalt patch, if necessary. HILLTOP GEOTECHNICAL, INC. e e e ATIACHMENT 1, EXHIBIT B P06155 September 22, 2006 Page 7 Other Services Special geologic and engineering consulting services can also be provided, upon request. We are qualified to provide many types of studies including detailed geologic studies, fault investigations, foundation studies, pile investigations, distressed investigations, rippability studies, slope stability, shoring analysis, groundwater investigations, retaining wall recommendations, pavement analysis, corrosion studies, and environmental services, etc. Hilltop Geotechnical, Inc's. staff have many years of local experience and would be happy to provide consulting services to the city on all geologic and geotechnical subjects. Specialized inspection services such as ICe concrete, masonry, post-tension, and structural steel can also be provided. Hilltop Geotechnical Inc. also maintains a full service geotechnical laboratory that specializes in soil, aggregate, concrete and asphalt testing services. Detailed scope of services could be developed with the city, upon request. PROPOSED COSTS Costs for each task is itemized on your 'Price Form' and included in the Appendix. It is understood that the proposed field work will be "Prevailing Wage" work and as such, our rates reflect this. Additionally, it is understood- that our field test and concrete test fees will be assessed on a 'per test' basis. All travel time, office time and support staff time will be included in the cost of the test. Additionally, maximum density/optimum moisture determinations will be included in the cost of compaction testing. All laboratory and concrete test results will be provided in writing. Soil borings will include obtaining blow count information, soil samples and a written report. However, additional costs will be accrued if significant traffic control in . which special signs and flag men will be necessary. We have read and agree all items included inyour definitions of each specific task listed in the RFP. DEFINITION OF RESPONSIBILITY The presence bf our field representatives will be for the purpose of providing observation and field testing. Our work does not include supervision or direction of the actual work of the contractor, his employees or agents. The contractor for this project should be so advised. The contractor should also be informed that neither the presence of our field representative nor the observation and testing by our firm shall excuse him in any way for defects in his work. It is HILLTOP GEOTECHNICAL, INC. e ;:"~ .- .. r'~ '-:.. e , ~.j ATTACHMENT I, EXHIBIT B P06155 September 22, 2006 Page 8 understood that our firm will not be responsible for job or site safety on this project. Job and site safety will be the sole responsibility of the contractor. NON DISCRIMINATION Hilltop Geotechnical, Inc. does not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. FEDERAL LAWS AND REGULA nONS All federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to. AUTHORIZATION If this proposal meets with your approval, please authorize our work by signing below and return to this office. Hilltop Geotechnical, Inc. presently carries both general liability and professional liability insurance for our projects. Certificates of Insurance can be provided upon your request. Should the City of San Bernardino submit a contract for work preformed under this proposal, Hilltop Geotechnical, Inc. requests that this document be incorporated into such a contract. Hilltop Geotechnical, Inc. looks forward to again, providing professional services you. Respectfully submitted, HILLTOP GEOTECHNICAL, INC. ~. Mark Hulett President HILLTOP GEOTECHNICAL, INC. e :~:;~i .....~ .,,;.,j ,~ ..- .~~ ,. -~ e' ., A 17 ACHMENT 1, EXlHBIT B P06155 September 22, 2006 IN WITNESS WHEREOF, the undersigned have executed the Agreement as of this day of ,2006. BY: BY: Mark Hulett TITLE: TITLE: President Page 9 HILLTOP GEOTECHNICAL, INC. ATTACHMENT 1, EXHIBIT B e- a .- ORGANIZATIONAL CHART ",~"'i , e '! HILLTOP GEOTECHNICAL, INC. e f~ < ~ ;e ~~:~ :~~~~ ::.:~ --:"~ e I- 0: <( J: () ...J <( Z o i= ~ z <( " 0: o alE -;; " :r:~ -l!; ~ ~Q. t: ~g J::_ -l!; II "Cl ::;: ~t;; '3" ::;:< >0 .52 H w< " iLg R '5~e x iii- " .- 0- $.5 E .. E 0 O::lO B c Ci'c .. u !l ... t: .c 4i ~ :J.c 0: c: U~G'Ol c-C)c o2...UJ o C> ,2 " " '" .. -0 ~ ~ 'S'E:I Illn ~Ea: ftI .2 ... 2~1i W~ ".. 00 .- ~ 00 oE " 0 Cl " "Cl . ti '0 ~ " .2 '0' '" ~ Q. 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" 'J: '" '" " 's, " ., '" " '2 ~ ..c: 'c a: .. o~ Cl.l ca. Ou ~~ l:: " E 5 l10U o '" - .. ., " .. '" ., .. 00 'tl .. ~ '.jj '" " I:: 1:l o '" uiS:: '" tlll " '" .. o .$ - :iJ 8 'OJ ..c: '" " < s .., " '" .. .., ] .., " '" "Cl '(ij '" .. '" .. .E .. S .., '" '" .., " ,S! .., " =' .. .., "' " o " "Cl " '" .., " '" 8 '" .. '" " a! S .., " '" B .. ~ .., " ., e l10 o , - '" ., ,~ > " ., .. Q~ ell'" ..u .. . ellt> l1o" ell =' ..c: 0 uu u z - J <( ~ z :x: u o.l f0- e o.l (.;I ~ e fo- ...J ...J s: ATTACHMENT 1, EXHIBIT B . . <"l U cu z .- - ..r -< u Z '" :l: ,~ U 0: ... r.l ~ E- O; 0 r.l U " ~ "'" 0: 0 ::l ~ 0 >. u .. ...:l "d " 0: - ::l "d ,~ :l: .... >. ..., 'UJ UJ .. "d CIl ... " 0: .... ::l 0; '" " '.;l > "t:l ..., " ';: ,~ 0: UJ CIl ';: ... p; '" ~ 0; ..c: ~ ..... 0: " " 0 0 "d ';: S 0; '" '.;l 0: ..c: 0 U " '" '" " ... <ll " ...: > " 0 ",' ... 0: ..., 0: '" <ll >. " ,9 0 '" ';: bJl UJ ..., " ;: 0 0: "d .J:J '" 0 S ... 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'"" oo ~ '" o '" ~ N oo M N '" <c u vi o ;Z ;;:: 0.. '" o ;Z ~ :> ~ E M '"" '"" X o <tl c:i 0.: (1J u ii: ..... o '" o ;Z ;;:: 0.. '" o ;Z ~ ::J ~ >:<: ~ c:l ~ ~ ~ o E'< p;J o o:l j ~ == ~ ~ ~ . ~ Z ~ ~ ~ U Z ~ ;: ~ Q.. ~ ~ ... .0( Q.. - U Z - ~ Q.. .>< ~ o ~ " '" ~ "'oo 0..... U'" ",- '" , o ., "i:U .. . > .. Z'~ 0" 0 ~ fP e E-=B .JO 0 '" .....uu U "'0 ~~-5 f16~ .:.( ... ~ " III ... :> o U '" :> o .~ > , " 00 " =", 000 u'" >,- " . = <Ii ~u o 0 c: c: ]] E E " " o:lo:l a a CflCfl " ., 'u 'c ..c: u " E-< ..,,,,, .5 g ~~ ~~ m:Scc ~ .~ ci Eo;f1.f;l <$8 of"""" r.' ~;!:!; ...oU E::u< ~ I"l U " - C>O " '" .~ .- ... ~ " .&J " '" 'Ol e ~ '" '- :-::l ~ e E."s ,..:!!.. Q.) "i;bD ~ c 'Ol o '" 0; '" c " c' " .~ u .~ c ..c: u " E-< .. .5 ... '" "", E-<o ",0 ..."" 0- ...'" .,0 ~cc .&J . """ ,..J"" <t:J $0 ,,0 ........ u'llo c- oU U< ATTACHMENT I, EXHIBIT B or '" ~ .. ~ .0: '" " bll i>l a:d-i -e 0 '" ~ " " '0 .g cj C>O " .E ~ cJ .... VI ~ B .5 ~ " .2 t> .. 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C Vl Coc .. .- .. - <( C ::.! .. 0- 0Il.c OIl 0 os - ~1l oil C :E ::l .n " Vl " o .c ~ .. ~ .... Vl , o o o o V) r-- ... <2 !;: -" o .. .n e ::l - o " ... - Vl .... o bIl 'E Vl .!l " o C e " Vl Vl .. .f' 0; " 0" .!!!. '0 Vl "Cl " "0 .;;: e Q. <( U .. e c ...J .. .. ~ .; .. " c ... e os ~ ... .. .. s:: c " E " o .. Q. " t) ... o C o o C .9 Vl C " - - Vl o 0. ... <2 ~ o - o " 0. Vl .: 0; 'C " - .. E "0 C .. Vl C .. :~ C .c '0 .!l' bIl C "0 e OIl ... <2 C .9 Vl 'E " 0. ::l Vl "0 " E ~ " Q. <( U is :;; = ... ~ =: ~ c "Cl .. ... rn ATTACHMENT 1, EXHIBIT B c " E " o .. Q. " - ~ o C o o C o .;;; C " - - Vl o 0. ... <2 Vl ... o - o " 0. Vl .: 0; 'C " "" E "0 C .. Vl C .. '0 'c .c o " - bIl .: "0 ~ ... <2 C o .;;; 'E " 0. ::l Vl "0 " E ~ " Q. <( U is :;; = ... € .. ~ 'i !-< vi C o .;:: o " 0. Vl C o co S2 "0 '" .. bIl '" 'ii .. @, ... <2 - o " .~ 0. C o '" o .;;; 'E " Co ::l Vl "0 " E <2 ... " Q. <( U ... = .. :a OIl =: ... c t- o ,;l .. .. =- ] - = .. U oj - ~ o C o o C o .;;; C .!l - Vl o 0. ... <2 '" o .;;; 'E " 0. " Vl "0 " E ~ " Q. <( U . - = c e " .. .. co € .. '0 rn oj - ~ o C o o '" o .;;; '" " - - Vl o 0. ... <2 '" o .;;; 'E 8- ::l Vl "0 " E <2 ... " Q. , <( U ,;. .!! 'i > .. -a. Co <( .IS .0 = &! .. .. ~ B ~ o '" o o '" o .;;; C " - - Vl o 0. ... <2 '" o .;;; 'E " 0. " Vl "0 " E <2 ... " Q. .!l ~ o '" o o '" o .;;; '" " - - Vl o 0. ... <2 '" o .;;; 'E " 0. ::l '" "0 " E <2 ... " Q. <( U is - = .. "ii "Cl <( <( U is ~ c Z .; 'i := e co Vi - .c OIl 'il := - = c e OJ OIl "Cl sa (.) z ... ~ u ... z :z: u r.1 Eo< o r.1 " =- o Eo< ...J ...J ... :z: ," ATTACHMENT 2, EXHIBIT B . Salllh~I'mll' 1110 PRICE FOR~ GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES September 25, 2006 PROPOSER'S NAME: Hilltop Geotechnical, Inc. e (To be submitted in a sealed envelope separate from proposal documents) The undersigned Proposer, if offered, hereby certifies that it will accept an annual purchase order effective on or about December 1, 2006 and running through June 30, 2007 for Geotechnical Investigations and Construction Material Testing Services for Capital Improvement Projects on an as-needed basis with no guaranteed usage The undersigned Proposer understands that, if exercised by the City, an optional one-year extension, as provided in the agreement, shall be effective on or about July 1, 2007 and running through June 30, 2008, and that actual option year pricing shall be negotiated with the Proposer prior to exercising of any given option year; however, the option year extension shall not become effective until issuance by the City of a duly authorized Purchase Order. e Please provide detailed Firm Fixed Prices in the spaces provided below and any other incidental or additional Prices required for completing the Technical Specification requirements. Proposed unit price for routine Services: 1. 1 - 4 Each Compaction Tests (including curves) Unit Price $150 Each 5 - 20 Per site visit Unit Price ~ Each 20+ Unit Price 90 . Each 2. 20 (Sets) Each Concrete Cylinder per Set & Unit Price $120 Each Testing (including collection tests and report) 3. 10 Each Asphalt Extraction Unit Price $155 Each 4. 40 Each Asphalt Compaction Unit Price $150 Each 5. 10 Each Soil Gradation/Screen Analysis Unit Price $100 Each 6. 50 Hours Grading Observation Unit Price $90 Hour 7. 20 Hours Engineering Geologist Investigation c e Consultation Unit Price $145 Hour 8. 10 Each Soil Boring to 15' Unit Price $1500 Each Page 1 of2 - A IT ACHMENT 2, EXHIBIT B . PRICE FORM (CONTINUED) e GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES 9. 10 Each Pavement Bore (asphalt) Unit Price $150 Each 10. 10 Each Concrete Core Unit Price $150 Each Are there any other additional or incidental prices, which will be required by r firm in order to meet the requirements of the Technical Specifications? es I No (circle one). If you answered "Yes", please provide detail of said addl nal Prices: Traffic control varies considerably from place to place and this cost does not including flagman or rental signage. This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this submittal. e In signing this offer, Proposer warrants that requested herein are attached and properly Authorized Signature: 1// . all certifications and documents leted and signed. Print Signer's Name and Title: Mark Hulett, President Date Signed: September 25, 2006 Hilltop Geotechnical, Inc. Company Name & Address: 786 South Gifford Avenue San Bernardino, California 92408 Phone: 909-890-9079 Fax: 909-890-9055 e Page 2 of2 ... EXHIBIT C ... e AGREEMENT FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING 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 AMEC EARTH & ENVIRONMENTAL, INC. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the Geological Investigations and Construction Material Testing services described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and e D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall furnish on-call, as-needed Geological Investigations and Construction Material Testing services to City in accordance with Consultant's proposal dated September 25, 2006, attached hereto as Attachment 1 and incorporated herein. It is agreed that Consultant shall accomplish all Geological Investigations and Construction Material Testing services in accordance with the standards of the City. 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. e 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment \ \G,stnr\I."JS\.Yllblic W()rk~\Rl.'CA:s\2006 All\12-04-06\J\grcements for G~'ott'~dmind Investigations ~md Construction \-:!.i1t(lfli.,-l T(~~ting 12-().:~-06\ !\~1F':C\Af\lF:C Stami<lrd Agrt)(~lnentGeot.l'chni('it! Investigatil1lls and eM 'It'sting 12-04-06.,hx' 1 .. EXHIBIT C ... tit 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. Consultant shall indenmify 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 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 services contemplated by this Agreement. tit 1.6. Delegation and Assigrunent. 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. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that as the City's on-call geotechnical investigations and construction material testing 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, Governme!lt Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such services in accordance with the attached "Price Form" (See Attachment 2). tit 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 Construction Engineer for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically \ \e:lst'Ol'\DS\.P\lblk \'\"ork~\RFCA's\2006 A11\12....(14-06\Agrt't'Ulents for Gl.:'otl'..:hnkallnvestigntions and ConstnKtion l\'iatcrial Testing 12~lJ4-(J6\i\.!\"lEC\At\lEC Staud<-Ifli i\gn'l:.'lnent Ceotlx'lll1icilllnV(~stigatii.'t1s iUld CI,-"lTl'sting .l2-0.;l-06,do( 2 .. EXHIBIT C .. e understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Construction 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 from 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 Construction Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE e 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Construction 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 TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2007, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. An administrative extension of one additional year may be authorized, subject to agreement of both parties. e 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by \ \castor\DS\Yilhlk W(Jrks\RR~A's\2006 i\U\12-04-06\Agl\~ements {or Gl'ott'(''hninlllnvesti8alion:<> ~11ld ConstrtlClil1n \-:iall,'rii.ll Ti~sting .t 2-04-06\ fU",J EC\ Mv1f(C Stantbrd /\gl"l~l',ment Gcotet'hni;;,:al lnvc:-;ligatlons ~nd CJ"t 'rt~shn!-,: 12.(~:I~O(1.do( 3 .. . e e e EXHIBIT C the City. 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 termination. 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 termination 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 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. INSURANCE 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 ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance 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. \ \tastur\DS\_...Puhli..:' \'V~)rks\RR-:A'~\2006 AU\12..04A)6\Agreements for Cl'oto,:'hnii.:allnvestigati\ms and Constrllcti(m l\ti'lterjal 'Iestin~ 12-()4-06\,A~vIEC\Al\JEC St;md,lrd A~rt>l~lnent GcotechntC<lllnvestigatinns itlld eM T\:~sHng 12-()4~06.,h: 4 .. EXHIBIT C . e 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 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. e 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 Al!feement. 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. e 6.3. Proiect Managers. City shall designate a Construction Engineer to work directly with Consultant in the performance of this Agreement. \, \C<lstor\DS\.J'llblk Works\R,FCA's\2006 Al1\12-(J4-06\/\grct~mcnts for Gt't1technical Investigations and Constnlctilln 0.Jatl'f,i.':d Testing 12-04~06\.AI\-H~C\ Ai\lPC St,11KlarJ Agrl>t>ment Geotec1mlcat Investigatil1l''lS ,uta eM '.lt~sting.12-04-06.d()c 5 " EXHIBIT C . e Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager 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 United States mail. IF TO CONSULT ANT: Mr. John H. Thune II, Project Mgr. AMEC Earth & Environmental, Inc. 4201 Santa Ana Street, Suite F Ontario, CA 91761 909-605-6500 909-605-6502 (fax) 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 e 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 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. 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 Bemardino County,California. 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. e 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and \\castOl'\DS\..P\lhlil.:' W(lrks\RFCATs\:?006 /\1I\l2-04-()6\J\gr~~t~mt'nls for Gt'1..1t\'chnicallnvestigations and ComtHKtion Matt'riaJ Tt~sti.n~~ 12-04-06\A!'...1EC\AMFC Standard Agrt~l'.l.nent Ceot('<.'hni.callnvestigations <,nd eM 'h~.sting 12-04-06.dex: 6 . . . . . EXHIBIT C 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. 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' 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. 6.1 I 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 m'!)' 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. 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 \ \ClstUl'\DS\_nPllblk' Wl1rks\RJ::C~;\ls\::!006 ^tJ\J2-04-{)6\Agn~elnents for G("ot~",,'hnici111nvest:igi\tions (\nd Constru(ti(Jn i\.Ji\1.\:'rj,<l.: T,~~tin~~ 12-(),:\~06 \A!vlEC\ A!\--1EC St;lnd,ud Agn':'t'JJ1.<:l11- C~oti:'(h.ni,c"l JnYestignti~)rl" ;uhl CM T~~stin~ 12-lH-Ol>.d,J( 7 " EXHIBIT C . 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 Emplovrnent. 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 Beneficiary Rights. 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. 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 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. 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 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 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 determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination \ \cMtor\DS\,.'pttblic \V()r).;g\RI<~A'g\:?OOti AU\12-04-06\Agn!ements fDl' Gl'oh"\.:'hnicaJ Tnve::;tigi1t:ions and Construction M,ntPrial ':J't'st:in~~ 12.l~:\-06\AI\-'IEC\At'vlEC Sti~JlJard Agrt'ementCeotechnic<l.l Lnvc.stigat.il1IlS i~nd CJ\tl Tt>stin~ J2-O"i-06.do( 8 .. EXHIBIT C . e shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 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 formally bound to the provisions of this Agreement. III III e e \ \ClstOl'\f>S\".,Ptibli(' \'\,!orks\RrC\'s\:!006 All\'l2....04-06\Agn!cmcnts for G{:..ot~~.hni('ul Tnvestig.ations and Constructhm .rvlatl'Jlill Tt~sting 12-04-06\AMEC\Ar....mC Standard AgTt'ement Ccotechni.<..'allnvestigath)ns ilnd eM Te.sting 12H04-06doc 9 , . e e e EXHIBIT C AGREEMENT FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING 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 wri tten. CITY OF SAN BERNARDINO, AMEC EARTH & ENVIRONMENTAL, INC. Consultant A Municipal Corporation, By Patrick J. Morris, Mayor Signature Name and Title Approved as to form: James F. Penman, City Attorney \ \Glstor\D5\.P\lblk Works\l{rC;\'t>\2006 AU\J2-04-06\Agr~~emenls for Gl'okchnicallnvestigahons and Construdi()T\ !\-1.atl'rial Testing 12-().:~..Q6\A.1\.-tEC\AMEC Standard AgTt>t~ment Gcowchnicallnvestigations !inti eM Tt'shng 12.(H-06.doc 10 ATTACHMENT 1, EXHIBIT C . , e STATEMENT OF QUALIFICATIONS For On-Call Geotechnical and Materials Testing Services e Submitted TO: Submitted BY: City of San Bernardino . 300 North "0" Street, 3rd Floor San Bernardino, CA 92418 AMEC Earth & Environmental, Inc. 4201 Santa Ana Street, Suite F Ontario, CA 91761 (909) 605-6500 Attention: Michael Grubbs P.E. e ame& www.amec.com September 25, 2006 e e e . ATTACHMENT 1, EXHIBIT C " amec7j September 25, 2006 Proposal No. 006-049 City of San Bernardino Development Services Department 300 North "0" Street, 3rd Floor San Bernardino, California 92418 Attention: Mr. Michael Grubbs P,E. Re: Request for Proposal to Provide Professional Geotechnical Investigations and Construction Material Testing Services Various Capital Improvement Projects In accordance with your Request for Professional Construction Material Testing Services for Capital Improvement Projects dated August 24, 2006, AMEC Earth & Environmental, Inc. is pleased to submit this letter of interest and proposal to provide material testing services to the City of San Bernardino. We understand that the proposal is to provide professional services on an on-call basis for various City projects. We understand that the duration of the contract is anticipated to be for one (1) year and that the services will consist primarily of geotechnical and geologic engineering services, and on-call construction inspection services. Specific services may include geotechnical investigations, review of grading and foundation plans, compaction testing, grading observation and testing, testing and inspection of asphalt and concrete, soils boring to.15', and other geotechnical and materials engineering services as required by the City, AMEC is interested in working with the City of San Bernardino on its upcoming projects and is confident that our capacity to respond to requests for services in a timely manner is key to the type of working relationship that the City is seeking to establish with a technical engineering and materials testing firm. Besides experience with on-call contracts, AMEC's experience includes infrastructure improvements and major capital projects ranging from design engineering through construction inspection services for streets, bridges, major arterials/roadways, freeways, sidewalks/curb and gutter, and other transportation related projects, AMEC also has extensive experience with water resources projects including water lines, pump stations, reservoirs, wells, and small to large-diameter pipelines, In addition, our sewer project experience includes sewer lines, pump/lift stations, wastewater treatment facilities, and septic disposal systems. In addition to public infrastructure/capital projects, AMEC has extensive experience with private development projects, including large-scale residential housing and office/industrial park developments that required extensive grading observation and compaction testing during construction. AMEC Earth & Environmental, a division of AMEC Americas Umited 4201 Santa Ana Street, Suite F Ontario, Califomia USA 91761-1554 Tel 1909i'6lJS.6500 Fax (909) 6lJS.6502 www.amec.com e e e ATTACHMENT I, EXHIBIT C . . CITY OF SAN BERNARDINO ON CAll CONSTRUCTION MATERIAL TESTING SERVICES VARIOUS CAPITAL IMPRO'/EMENT PROJECTS -.---"---------.------------------"-.------.--------.-,.--------.----------"."---....--..--- AMEC's personnel are an integral part of our organization. Our professionals include California registered civil engineers, geotechnical engineers, and registered and certified engineering geologists. Our field and laboratory technicians hold industry standard certifications and registrations related to their testing capabilities, including Caltrans, City of Los Angeles, ICC/ ICBO, NICET, ACI, nuclear density gauge and Hazmat training. The laboratory facilities located in our offices are calibrated to testing standards mandated by Caltrans, AASHTO, ASTM, and others. On behalf of AMEC Earth & Environmental, Inc., thank you for the opportunity to submit this proposal for consideration. Should you have specific questions about our proposal or qualifications, please call me at (909) 605-6500 or contact me at John.Thune@amec.com. Sincerely, 2!:~~~ Unit Manager . . e tit e A'ITACHMENT 1, EXlDBIT C City of San Bernardino soa for On.Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino, California Section 1 - Introduction AMEC Earth.& Environmental, Inc. is pleased to submit the following statement of qualifications to provide geotechnical and materials testing and inspection services on an on-call basis. We understand that the City of San Bernardino is soliciting written proposals from a variety of firms to provide Geotechnical Investigations and Construction Material Testing Services on an on-call basis. We have read and understood the requirements of the request for proposals and are confident that we have addressed, at a minimum, the items that the City is requesting. The following par!lgraphs provide an overview of the firm and contact information. Firm Profile AMEC Earth & Environmental, Inc. has been providing full-service geotechnical and materials testing services since 1954 from it's Southern California offices. As one of the oldest geotechnical consulting firms in Southern California, AMEC has compiled a comprehensive database of information and is very familiar with soils and ground conditions in the area. As an international earth sciences consulting firm, we provide a wide range of geotechnical engineering design and construction services, environmental assessments and mitigation of hazardous waste, and materials testing services to private and public sector Clients. Our United States division employs over 650 professional, technical, field, and support personnel in 18 U.S. offices in the Western United States. From these offices, we provide cost-effective and innovative ideas for complex design issues, solution to geotechnical and environmental problems, and support for construction. AMEC has additional resources and can draw upon the technical skills of over 700 professionals available in AMEC's Canadian and International offices for a combined staff of over 1,600 registered materials engineer; certified engineering technicians and construction Deputy Inspectors; geotechnical, civil, and environmental engineers; geologists; hydrologists; and support personnel. We have served clients in California for over five decades. Our Southern California offices in Ontario, which opened in 1998, and Anaheim are professionally staffed and managed and have fully equipped geotechnical and materials testing laboratories and deputy ins~ction capabilities. We are exceptionally proud of our staff and their commitment to providing high quality services in the field, which include geotechnical engineering, engineering geology, and hydrogeology. Our expertise has been applied to: Airports - from small airfields to international airports worldwide Bridges - from pedestrian overpass to the design and seismic retrofit of some of the State's largest structures Buildings - from single family residence to high-rise office building (tilt-ups/pre-engineered) and variety of public building, including fire stations, libraries, science and technology centers, and education facilities such as colleges, universities, elementary and high schools, as well as other types of learning facilities AMEC EARTH & ENVlRONMENTAL.INC Proposal No. 006-049 2 I . . . e . ATTACHMENT I, EXHIBIT C City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino, California Construction and Materials Testing - for wide range of projects including bridges, roadways, flood control facilities, and commercial and residential developments Environmental Studies - Phase I and Phase 1/ environmental studies, hazardous waste studies, remediation investigation, and assessments of existing building for asbestos and lead paint Flood Control, Sewer and Water Systems - including debris basins, retention basins, open channels, culverts, pipelines, and drop structures Highways - from rural roads to urban arterials and new freeways in California Landfills - that are efficient and environmentally sensitive Public Infrastructure - a part of everyday life including airports, reservoirs, dams, communications facilities, ports, and railroads AMEC provides geotechnical services for the design and construction of projects from initial site assessment as part of the due diligence for site acquisition and initial seismic review of properties to recommending design parameters for foundation and structural design. AMEC also provides geotechnical support services as required by industry testing methods and procedures. AMEC has a wealth of experience on capital improvement projects for City and County agencies. This includes recent and ongoing projects for the following agencies: . County of San Bernardino Roadway Department . City of La Verne . San Bernardino County Flood Control District . City of Fountain Valley . County of Orange Public Works . City of Pomona . City of Anaheim . City of Rancho Palos Verdes . City of Rancho Cucamonga . City of Long Beach Project Office The designated project office is conveniently located in the County of San Bernardino. AMEC's Ontario office is submitting this-statement of qualifications to the City of San Bernardino. Our office is located at 4201 Santa Ana Street, Suite F, Ontario, California 91761. The phone and fax numbers are (909) 605-6500 and (909) 605-6502, respectively. Mr. John Thune will serve as Project Manager and point of contact. Mr. Thune can be reached at the aforementioned office by the phone and fax numbers listed above. Alternatively, he may be reached via email atjohn.thune@amec.com. Mr. Douglas Bell is designated as the Principal Engineer, as well as the Project Consultant for the duration of this contract. Mr. Bell is a registered engineer in the State of California. He currently works out of our Ontario office and our Anaheim office. AMEC EARTH & ENVIRONMENTAL. INC Proposal No. ()()6..()49 3 . e e e ATTACHMENT I, EXHmIT C City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services Various Capital Improvement Projeds San Bernardino. California SECTION 2.0 - SERVICES AND CAPABILITIES Geotechnical Services and Capabilities AMEC's geotechnical engineering department provides a wide variety of foundation and construction-related design services to clients including commercial, residential and municipal entities. Geotechnical engineering and design services are provided for building foundations, earthwork structures such as dams and embankments, residential .mass grading projects, transportation projects including roadways and bridges, and other related facilities. Other specialty services offered by AMEC's geotechnical group are landslide studies, seismic evaluations, and deep excavation support systems. Some of the major areas of geotechnical evaluation and design are highlighted below. . Geotechnical Review Services AMEC provides review services to both the private and public sectors. The services include third party due diligence reviews of geotechnical, geologic, and environmental documents. Recent projects have included detailed review of reports pertaining to landslide stabilization, roadway improvements, and residential and commercial development. The work performed specifically for public sector agencies includes an evaluation of the standard of care of reports and plans, review of all potential geotechnical conditions that could impact the project, and preparation of a concise summary review report. Foundation Design Economical building foundation design is important whether the building is a one-story retail center or a twenty-story high-rise. In conjunction with in-situ testing,AMEC is experience in the design of foundations to maximize bearing pressures for the case of shallow foundations and economical pile design for deep foundations. Dynamic Soil Response Studies Awareness of the potential for seismic shaking in many areas of the county has increased in recent years. Because of this increased awareness, potential building sites must be evaluated to determine how they would respond in the event of an earthquake. AMEC's geotechnical engineering department routinely uses specialized computer software to determine the frequency-dependent response of sites to earthquake vibrations. Where appropriate, liquefaction and lateral spreading analyses are performed for sites that may be susceptible to these earthquake-induced movements. Vibration Monitoring Construction activities such as blasting, pile driving, etc., can sometimes cause damage to offsite improvements. Even the perception of damage can result in claims against property owners or contractors. The geotechnical engineering department uses ground vibration measuring equipment to monitor the effects of construction activities. Ground vibration data can help to plan construction activities to reduce the magnitude of off-site vibrations. Seismic Evaluations AMEC has conducted numerous projects involving evaluation of seismicity, fault activity, and earthquake design parameters. AMEC EARTH & ENVIRONMENTAL. INC Proposal No. 006-049 4 e e e ATTACHMENT 1, EXHIBIT C City of San Bernardino soa for On.Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino. California Geophysical Testing Geophysical testing provides a cost-effective means of evaluating soil and geologic conditions. Geophysical testing can be used to evaluate materials for rippability (ease of excavation), soil modulus, and depth to water. This testing includes seismic refraction and downhole seismic testing. Additional geophysical testing capability includes non-destructive evaluation of shallow and deep foundations. This can be done for quality control during construction or as an assessment of the load carrying capacity of the foundations. Landslide Studies AMEC provides engineering and geologic evaluation of landslides to assist clients in developing cost-effective mitigation designs. Services include field mapping and subsurface exploration to define the depth and areal extent of the slide mass, installation and monitoring of equipment used to assess slide movements, and design of stabilization measures. Landslide stabilization can range from regrading of the slide mass to a more stable geometry to the construction of rock buttresses, retaining walls, or pile walls. Earthwork Structures AMEC geotechnical engineers have designed dams, highway and railroad embankments, and other construction earthwork structures for static and dynamic loading. Field monitoring of construction activities is also performed. Construction and Materials Testing Capabilities AMEC specializes in materials testing and inspection services for capital projects and public infrastructure projects. AMEC has extensive experience on projects that require testing methods and procedures designated under ICCIICBO, ACI, and California State Department of Transportation (Caltrans). The firm has fully-equipped and professionally-staffed materials testing and geoteChnical laboratories at its Southern California offices in Ontario and Anaheim. Both offices also maintain computer facilities that assist in the operation and completion of laboratory, engineering, clerical and accounting tasks. A large inventory of materials testing apparatus, along with a well-trained staff of dedicated personnel, allow for timely and accurate field services. As a whole, AMEC has been responsible for construction quality for over 50,000 projects throughout North America. This includes extensive experience for small and large complex projects in which AMEC has been responsible for the aspects of materials testing, construction inspection, and quality control testing. Our experience includes working closely with general contractors, construction management firms, civil engineers, and publiC agencies on projects such as: . Airport infrastructure, including runways, taxiways, hangars, and terminals . Transportation, including highways, bridges, railroads . Tunnels, for both mining and railway industry . Water resources facilities, including pipelines, reservoirs, transmission lines, water/wastewater treatment plants, and dams . Schools, universities, and other facilities for public use AMEC EARTH & ENVIRONMENTAL. INC Proposal~.~9 5 . e e e ATTACHMENT 1, EXHIBIT C City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino. California AMEC performs all construction materials inspection and testing "in house." Our ICC/ICBO Certified Inspectors provide onsite inspection of concrete reinforcement and concrete placement during concrete paving and structure pours. Our experienced asphalt concrete inspectors will inspect and test during the placement of asphalt concrete paving in accordance with P-401 requirement. AMEC can also provide experienced batch plant inspectors to monitor AC production to identify and correct AC problems before the material reaches the project. The cornerstone of our field services is the excellent communication between field staff, project managers, and our clients. We will keep the City of San Bernardino officials informed of the projects status through open communication between site inspectors and City field personnel. The City of San Bernardino is kept up to date through written daily reports and communication with AMEC project managers. Accreditations AMEC meets all the requirements as an approved testing agency with the following local and national accrediting/certification authorities: California Department of Transportation (Caltrans) AASHTO (American Association of State Highway and Transportation Officials) for Hot Mix Asphalt, Aggregate, and Portland Cement Concrete City of Los Angeles ACI (American Concrete Institute): Grades I and II Concrete Technicians ANSI (American National Standards Institute) APWA (American Public Works Association) ASNT (American Society of Nondestructive Testing): Levels I, II and III ASTM (American Society for Testing and Materials): C29, C31, C39, C40, C42, C78, C88, C117, C127, C128, C131, C136, C138, C143, C172, C173, C231 , C535, C566, C617, C702, C805, C1064, C1077, C1231, 01559, 02041, 02172, 02419, 02726, 03203,03666,03740,04125,04561,04867, E329, E543 (American Welding Society): Certified Welding Inspector (AASHTO Materials Reference Laboratory) (Cement and Concrete Reference Laboratory) (International Conference of Building Officials): Special Inspector for Masonry, Structural Steel, Fireproofing, Reinforced Concrete, Prestressed/Post Tensioned Concrete (National Institute for Certification in Engineering Technologies): Construction Materials Testing; Geotechnical Engineering; Highway Construction and Materials; Geosynthetic Materials, Levels I-IV (Uniform Building Code) AWS ARML CCRL ICBO NICET UBC AMEC EARTH & ENVIRONMENTAl. INC Proposal No. 006-049 6 . . . . ATTACHMENT 1, EXHIBIT C City of San Bernardino SOO for On-Gall Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino, California SECTION 3.0 - RELEVANT EXPERIENCE Projects Located in San Bernardino County Route 30, Rancho Cucamonga, California AMEC provided geotechnical design services for 4 km of freeway extension associated with SR- 30 in Rancho Cucamonga, California. The project included construction of a depressed roadway, approximately 8 to 10 meters with seven over crossings (Sapphire Street, Carnelian Street, Beryl Street, Hellman Avenue, Amethyst Street, Archibald Avenue, and Hermosa Avenue), two culverts (Rancho Cucamonga Creek and Alta Loma Channel), and numerous retaining walls and 4.3 km of soundwalls. The proposed depression of the roadway resulted in several areas requiring 9 to 11 m high vertical excavations, with some excavations supporting a 2:1 slope. AMEC evaluated several retaining wall alternatives including Caltrans Type 1 walls, secant pile walls, tie-back walls, and soil nail walls. Consideration was also given in the report to the feasibility of shoring required for some of the wall types. The report was reviewed by Caltrans and SANBAG and soil nail wall types were chosen as the most viable design/construction alternative for about 1.7 km of the proposed retaining wall length. Caltrans Type 1 retaining walls totaled 360 m in length and were up to about 7.3 m high. ----------------------------------------j AMEC's scope of services for the i project included geotechnical ! analysis of shallow foundation design and construction, temporary shoring, lateral earth pressures, temporary and permanent slope stability, grading recommendations, and pavement design_ AMEC also provided support and input for the Bridge Type Selection and Retaining Wall Selection processes. The project was designed and reviewed in accordance to SAN BAG and Caltrans design standards and procedures. Rancho Cucamonga Police Station, Rancho Cucamonga, California AMEC provided geotechnical and ICBO inspection and testing services during the renovation of 22,000 sq. ft. of Police Station facilities and the construction of an 11,000 sq. ft. third floor addition to the Rancho Cucamonga Police Station. AMEC provided all ICBO inspection and testing services during concrete placement, epoxy anchor installation, structural steel welding, and masonry wall construction. Geotechnical inspection and testing was also conducted during construction of upgraded foundation systems. AMEC inspectors worked closely with the client to expedite construction schedule on this difficult expansion project. AMEC EARTH & ENVIRONMENTAL. INC Proposal No. 006-049 7 . . . e . City of San Bernardino soa for On..call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino. California ATTACHMENT 1, EXHIBIT C Rancho Cucamonga Civic Center Improvements, Rancho Cucamonga, California AMEC provided geotechnical and ICBO inspection and testing services during the recent Civic Center. expansion project. The project included seismic retrofitting and expansion of the existing Civic Center. AMEC personnel worked both day and evening shifts to expedite the project and minimize impact to the still operational Civic Center. Extensive structural steel welding inspection and testing was performed during the seismic retrofitting. AMEC inspectors worked closely with City Engineers to provide real time solutions to the many structural conflicts encountered during the retrofit process. Lower Deer Creek Storm Drain, Ontario, California This foundation investigation was conducted for the proposed Lower Deer Creek Storm Drain, crossing the Haven Avenue Grade Separation in Ontario. The project included 20,1 OO-feet of RCB culverts and RCP drains. Pipe diameters ranged from 120- to 66-inches. AMEC assessed earth materials along the pipeline and channel alignments, along with evaluating general engineering seismology, groundwater effects, and corrosion potential for foundation soils. Recommendations for pipeline and drainage channel design included allowable bearing pressures, resistance to uplift, lateral earth pressures, frictional resistance, and channel and culvert backfill. Grove Avenue Grade Separation, Ontario, California AMEC provided services for a seismic study for the design and construction of the grade separation of Grove Avenue at the Union Pacific Railroad. The study included design and estimated ground acceleration considerations. The grade separation is located along an existing railroad alignment and intersects with Grove Avenue. The final design of the structure called for a four-span, open abutment structure, approximately 168 feet long and 34 feet wide. The entire project included storm drain realignment, utility realignments, and roadway imQ[Qvements to accommodate the new structure. AMEC EARTH & ENVIRONMENTAL, INC Proposal No. 006-049 8 . . e e ATTACHMENT 1, EXHIBIT C . City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino, California Public Agency Projects AMEC believes that the experience of the firm and its technical team members are key in the successful completion of future projects. Our firm and staff members have. extensive experience on public works projects throughout Southern California. On-Call Services for Geotechnical Engineering and Materials Testing Anaheim, California Client: City of Anaheim 200 S. Anaheim Blvd. Anaheim, California 92805 Ralph Harp; (714) 765-5785 AMEC Project Manager: Other Key Personnel: Start Date: End Date: John Thune Douglas Dahncke 1999 On-going Reference: Description: Under contract with the City of Anaheim, AMEC has performed Geotechnical engineering and materials testing for a number of city projects, some of which are highlighted below: . Dad Miller Golf Course Improvements, Clubhouse Addition . Katella Avenue Improvements, Between Nutwood and Gilbert . Magnolia Street Rehab, Between Lincoln and Broadway . Dawling Sub-Station Improvements, Lincoln Avenue . Tustin Avenue/91 Freeway Interchange Improvements . Roosevelt Sub-Station Improvements, Various Streets . Transmission and Distribution Line Installation, Various Streets Etiwanda Debris Basin & Channel Improvements - San Bernardino County Flood Control District Client: San Bernardino County Flood Control District 825 East Third Street San Bernardino, California 92415 Reference: Mr. Jim Borcuk; (909) 387-7962 AMEC Project Manager: Other Key Personnel: Start Date: End Date: Douglas Bell William Lu January 2001 On-going Description: AMEC is currently providing all geotechnical services in support of the Etiwanda Creek Improvement project in Rancho Cucamonga, California. The proposed improvements include the following: . An Approximate 600 acre-foot debris basin with a dam embankment height of about 40 to 50 feet. Required maximum cuts and fills will be on the order of 70 and 50 feet, respectively, in order to achieve design grade for the basin floor and dam crest. . East and west levees will extend roughly one mile upstream of the debris basin inlet and are to be constructed without disturbing protected lands located between them. . A concrete outlet spillway and an open channel extending from the basin spillway outlet approximately one mile downstream meeting an existing channel at Highland Avenue. AMEC EARTH & ENVIRONMENTAL. INC PrOposal No. 006-049 9 . . e e e ATTACHMENT 1, EXIllBIT C City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino, California . As part of AMEC's services a Seismic/Fault study was prepared for the site. This study included detailed review of historical aerial photography, evaluation of regional and local faulting conditions, and estimation of peak bedrock and ground accelerations. Preparation of a foundation and grading design report included laboratory testing, engineering analysis and formulation of design recommendations. Laboratory testing performed on soils samples included grain size distribution, shear strength, permeability, and tri-axial compressive strength. On-going engineering analysis includes evaluation of long-term and transient groundwater seepage through proposed dam embankments, evaluation of foundation conditions, bearing capacity and settlement potential of proposed embankments, and analysis of slope stability of existing and proposed graded slopes. San Sevaine Basin 5 Spillway and Dam - San Bernardino Flood Control District Client: San Bernardino County AMEC Project Manager: Flood Control District Other Key Personnel: 825 East Third Street Start Date: San Bernardino, California 92415 End Date: Reference: Mr. Bill Collins; (909) 387-7983 Douglas Bell John Thune August 2003 January 2005 Description: AMEC provided all geotechnical testing, materials testing, and geologic inspection for the spillway and dam construction associated with improvement of San Sevaine Basin 5 in San Bernardino County. The work involved construction of approximately 4400 lineal feet of dam embankment which includes foundation excavation, subgrade preparation, materials processing, compaction of dam embankment fill, installation of subdrains, and placement of rock slope protection. AMEC supplied a fully equipped on-site field laboratory to assist in the field testing and monitoring. The project was under the jurisdiction of the California Division of Safety of Dams (DSOD), consequently on-site testing and inspection was provided by State Certified technicians and a state engineering geologist. San Bernardino County On-Call Materials Testing and Inspection Services Various Locations, County of San Bernardino AMEC is currently providing a variety of Laboratory Testing and Field Inspection and Testing services for the County of San Bernardino on various projects. Our materials lab routinely performs concrete compressive strength testing on samples delivered to our lab by SBCO personnel. We have also performed a variety of testing on soils and aggregate samples as well as complete asphalt testing and analysis for over 40 County projects. Our office location and sample receiving area has made for easy drop oft of samples. We are very familiar with the County's invoicing requirements and have modified our billing and reporting procedures to conform with county requirements during the existing contract. Client: San Bernardino County AMEC Project Manager: John Thune Department of Public Works Start Date: 2003 825 East Third Street, Room 147 End Date: On-going San Bernardino, California 92415 90275-5791 Reference: Mr. David R. Doublet (909) 387-7936 AMEC EARTH & ENVIRONMENTAL. INC Proposal No. 006-049 10 . ATTACHMENT I, EXIllBIT C . City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino, California e San Ramon Landslide and Storm Drain Repair, Rancho Palos Verdes, California Client: City of Rancho Palos Verdes AMEC Project Manager: Mark McLarty 30940 Hawthorne Boulevard Other Key Personnel: Douglas Bell Rancho Palos Verdes, California Diane Borkowski 90275-5791 Start Date: 2000 Reference: Ms. Carolynn Petru, End Date: 2002 Assistant City Manager; (310) 544-5203 e Description: As a member of the City's design team, AMEC provided geotechnical services for repair of a landslide and storm drain. The project site was located within a steep sided canyon that separates residential areas accessed by San Ramon Drive and Calle Aventura just southwest of Palos Verdes Drive East in the City of Rancho Palos Verdes. The pre-existing storm drain system was both undersized and its outlet was improperly located in the head of the canyon. Discharge from the storm drain system eventually eroded the canyon bottom and sidewalls, to the extent that it undercut the adversely oriented bedding planes and an ancient landslide. Erosion as a result of the heavy rainfall of 1997-98 activated the ancient landslide, threatening to cut off access to four residential properties overlooking the canyon. Subsequently a brief and intense rainfall event resulted in a complete backup of the system causing an overflow and catastrophic erosion of the slope descending to the canyon. AMEC provided the geotechnical guide for design of a 140-foot high slope that buttresses the adverse geologic conditions and provides for a new storm drain system that will mitigate future erosion of the canyon. The major challenges with respect to design of the system included maintaining gross and surficial stability of the proposed slope while limiting the foot print of the project due to environmental constraints that include endangered species and their habitat. Ganesha Park Landslide - Remediation Project Client: City of Pomona AMEC Project Manager: William Lu Department of Public Works Start Date: September 2003 City Hall, 505 South Garey Avenue End Date:.March 2004 Pomona, California 91769 Reference: Mr. Hong Wang, Senior Civil Engineer 909-620-3783 .e Description: AMEC was retained by the City of Pomona, to investigate and remediate landsliding within city property at Ganesha Park, Pomona. In this role, AMEC served as the lead consultant and provided the City with finalized repair plans and specifications. A semi-circular scarp of up to 12-feet in height and extending 120-feet in length defines the upper landslide boundary. The landslide resulted in obstruction of the adjacent road (Paige Drive) with slope debris. It was determined that a combination of failed slope irrigation and heavy rainfall triggered the landsliding. AMEC EARTH & ENVIRONMENTAL. INC Proposal No. 006-049 11 I . e e e City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino, California ATTACHMENT 1, EXHIBIT C The work performed included excavation of geotechnical borings, laboratory testing, site surveying, engineering analysis, preparation of a geotechnical findings report, and civil construction plans. AMEC meet frequently with the City of Pomona during the life of the project to discuss city objectives and proposed remediation alternatives with engineering cost estimates. Plans and specifications were provided by AMEC for the final City selected repair, which consisted of drainage improvements and debris control barriers. Joplin Youth Ranch - Improvement Project Client: Orange County Public Facilities AMEC Project Manager: & Resource Department Other Key Personnel: 300 N. Flower Street, Room 509 Santa Ana, CA 92702 Mr. Rick Garza (714) 834-2783 Mr. Jim Miller 714834 2319 Reference: Mark McLarty Douglas Bell Diane Borkowski William Lu 2000 On-going Start Date: End Date: Description: The Joplin Youth Center is an irregular-shaped parcel of roughly 300 acres situation at the end of Rose Canyon Drive in a relatively isolated area of fairly steep mountainous terrain roughly 3,500 feet north of Trabuco Creek. Existing improvements associated with the Youth Center include numerous buildings and roadways that have primarily been constructed on natural terrain or shallow cuts and fills. The Improvement Project included six separate proposed improvements, including remediation of a landslide which destroyed a local service road within the facility. The primary purpose of the work was to provide baseline geoteChnical data that was adequate for development of the proposed engineering design, and that allowed a more realistic estimate of project costs to be developed. AMEC performed several stability analyses. of the preliminary design to assess those areas where additional geotechnical information was critical to the design and ultimate costing of the project. One of the two main project cOITIPonents involved construction of a mechanically stabilized earth (MSE) retammg wall at the head of a landslide situated on the westerly facing slope that descends -from the edge of the youth Center's football field. The MSE structure is being constructed to restore vehicular access to the field, redirect subsurface drainage away from the landslide, augment subsurface drainage, and to mitigate the impact of future slope instabilities on the football field. The second main project component included the complete regrading of the existing sanitation pond, a portion of the access roadway, the ascending natural slope to the northeast, and descending slopes to the northwest and southeast. The purpose of the grading was to mitigate the threat posed by existing landslides, and the potential for slope instability within the natural slopes located below the existing pond. The grading is also intended to repair the erosion- scarred natural slope that ascends from the northerly end of the pond. AMEC EARTH & ENVIRONMENTAl. INC 12 Proposal No. OQ6.049 ~ . . tit e ATTACHMENT 1, EXHIBIT C City of San Bernardino SOO for On-Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino. California SECTION 4.0 - KEY PERSONNEL Project Leadership AMEC understands that the successful completion of a project highly depends on the personnel assigned to manage tasks, budgets, and support personnel. With this philosophy, AMEC has carefully selected highly qualified engineers, geologist, and technicians. In particular, we have selected key personnel members who have experience with on-call contracts with agencies throughout San Bernardino County. Support Technical Personnel AMEC realizes that each and every project is unique and requires a certain level of expertise and staff capacity to successfully complete it. In order to ensure the highest level of quality, Mr. Douglas Bell, Principal Engineer at AMEC is responsible for executing the firm's plan to ensure that each and every project is adequately staffed. The design and planning for projects also includes an evaluation of the current staff capabilities, experience, and training to ensure that a synergy between the projects requirements and staff capabilities is developed. If additional staff capacity or technical capability is required, AMEC also has a plan that can be immediately executed to recruit certified, trained, and experienced personnel from other AMEC offices. Resumes of Key Personnel The following pages contain a brief history of the key personnel selected for this on-call contract. Each of the members assigned to this contract will be responsible for managing their respective disciplines on this contract with the exception of our principal engineer, who will be manager for the entire team and contract budget. Complete resumes of our key personnel will be furnished upon request. John H. Thune" Unit Manager Project Responsibility As Unit Manager, Mr. Thune is responsible for supervision and coordination of professionals and technicians performing geotechnical and geologic services. He has experience with numerous types of projects, including residential, commercial, industrial, hospitals, transportation, and public works projects. Public projects include wastewater treatment plants, pipelines, levees, libraries, schools, prisons and detention facilities, bridges and roads. He has worked on many commercial and industrial developments including the closure of hazardous waste sites. Mr. Thune is also responsible for internal OAlOC, and client relations. Education James Madison University, B.S. Degree in Communications AMEC EARTH & ENVIRONMENTAL. INC Proposal No. 006-049 13 ATTACHMENT 1, EXHIBIT C City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services ... Various Capital Improvement Projects San Bernardino. California . Professional Qualifications City of Los Angeles, Registered Deputy Inspector - Grading ACI- Concrete Strength Testing Technician/Concrete Field Testing Technician NICET Level 111- Geotechnical Engineering Technology Construction Project history . San Sevaine Channel and Retention Basins . Upper Oso Reservoir Bridge, Foothill Transportation Corridor . Rancho Cucamonga Police Station and Civic Center . Cerritos Millennium Library Project . Walnut City Hall Project . City of Fountain Valley On-Call Materials Testing Services . Burbank Airport On-Call Inspection and Testing Services . Burbank Airport Terminal Expansion, Burbank, California . Anaheim Hills Golf Course Clubhouse, Anaheim, California . 1-5Nista Hermosa Interchange, San Clemente, California . On-Call Testing Services, City of Anaheim, California Douglas R. Bell, R.C.E., G.E. Principal Engineer . Project Responsibility Mr. Douglas R. Bell will be the Principal Engineer for the AMEC team. Mr. Bell will also provide technical advisory services and oversight concerning geotechnical issues associated with a project that is assigned to AMEC under this contract. Education, McGill University, BSCE, 1980 Professional Qualifications California Civil Engineer No. C40516 California Geotechnical Engineer No. GE2140 . Project History . San Sevaine Channel and Retention Basins . Upper Oso Reservoir Bridge, Foothill Transportation Corridor . Burbank Airport On-Call Inspection and Testing Services . SR-138 Widening Improvements . East Garden-Grove Wintersburg Channel . Warner System Bypass Pipeline . Gypsum Canyon Bridge . Interchange Improvements and Retaining Walls of the SR-57 and SR-91 Interchange . San Joaquin Hills Transportation Corridor . Upper Oso Reservoir Bridge,. Foothill Transportation Corridor . 1-5/SR-55 Interchange Improvements . Pacific Coast highway (Route 1) over the Santa Ana River AMEC EARTH & ENVIRONMENTAl. INC Proposal No. 006-049 14 '" ~ e e e ATTACHMENT 1, EXlllBIT C City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services Various Capital Improvement Projects San Bernardino, California Douglas Dahncke Senior Engineer Project Responsibility Mr. Douglas Dahncke will be assigned to this contract as Senior Engineer. Mr. Dahncke has over 16 years of experience in geotechnical engineering. Mr. Dahncke will work closely with the principal engineer to address the County's task orders as they are assigned to AMEC. He will be responsible for the daily management of the project team and subconsultants. Mr. Dahncke's experience includes major roadway projects, and public infrastructures for various municipalities. Professional qualifications California Registered Civil Engineer No. 47187 (Expires December 31,2005) California Geotechnical Engineer No. GE2279 Education (Expires December 31,2005) Education California State University, Long Beach, M.S. Geotechnical Engineering, 1991 California State Polytechnic, Pomona, B.S. Civil Engineering, 1988 Memberships American Society of Civil Engineers Chi Epsilon Project History . State Route 30, San Bernardino County . Hunts Lane Grade Separation, City of San Bernardino . City of Anaheim, On-call Geotechnical Services . San Joaquin Hills Transportation Corridor . La Paz Road Widening, County of Orange . Frank R. Bowerman Landfill . Fullerton City Yard Modernization Project . Fire Stations No. 22 and 118 . Northbound SR-55 and Southbound SR-73 Bristol Street Connector . Seismic Bridge Retrofit of 6 Bridges in Orange County AMEC EARTH & ENVIRONMENTAL. INC Proposal No. 006-049 15 - . e e e ATTACHMENT 1, EXHIBIT C City of San Bernardino soa for On-Call Geotechnical and Materials Testing Services. Various Capital Improvement Projects San Bernardino. California Scott Kerwin Senior Geologist Professional summary Mr. KelWin specializes in geological evaluation of landslide terrain within southern California. Existing and/or intended land use in many instances has required development and implementation of site specific engineering designs for ground stabilization. Mr. KelWin has been responsible for geotechnical aspects of numerous civil and land development projects, encompassing evaluation, design, management, and construction. Projects have included both existing and proposed residential tracts, pipelines, roads, coastal structures, impoundments, landfills, tanks, hospitals, and various commercial structures. Professional qualifications California Registered Geologist No. 3980 California Certified Engineering Geologist No. 1267 Education University of California at Los Angeles, B.Sc. in Geology, 1971 Memberships Member: Association of Engineering Geologists (AEG) Affiliate Member: American Society of Civil Engineers Project History . Bolsa ChicalWarner Mesa Residential Project . UNOCAL Dehydration Facilities in Tonner Canyon . Cove Road Slope Restoration . Dana Point Headlands . Treasure Island Resort Huntington Beach Pier Restoration . Dana Point Harbor Tomas landaverde Senior Engineering Technician Professional Summary Mr. Landaverde worked as a Field Engineer and/or Engineering Technologist, materials testing specialist, with extensive experience in laboratory and field work; concrete, soil cement, asphaltic concrete mix design/analysis, and pile inspection (Steel, Wood, Pre-cast concrete, CIDH Piles). Mr. Landaverde has also performed inspection of Soil Nailingl Tiebacks construction. He has performed quality assurance and quality control inspection and testing of earthwork, concrete, soil cement, and asphalt. Mr. Landaverde has worked on projects that require CALTRANS, ASTM, ACI, FAA, and AASHTO standards and specifications. AMEC EARTH & ENVIRONMENTAl.. INC Proposal No. 006-049 16 e e e ATTACHMENT I, EXHIBIT C .. City of San Bernardino SOO for On-Call Geotechnical and Materials Testing Services .. Various Capital Improvement Projects San Bernardino, California Education University of EI Salvador, Central America: B.SC Civil Engineering Memberships/Certifications Salvadoran Association of Engineers and Architects. (ASIA), EI Salvador The Association of Professional Engineers, Geologist and Geophysicists of Alberta (APEGGA), Alberta, Canada. (Examinee) Caltrans Certified Materials Tester ACI Certified Project History . On-Call Testing Services for the County of San Bernardino . San Sevaine Channel and Retention Basins . Rancho Cucamonga Police Station and Civic Center . Ontario Mills . Burbank Airport Terminal Expansion, Burbank, California . Vandenberg Air Force Base Missile Bridge, Lompoc, California . St. Regis Hotel and Parking Structure (Monarch Beach Resort), Dana Point, California Marta Landaverde Laboratory Manager Professional Summary Ms. Landaverde has extensive laboratory testing experience with soils and aggregates, soil cement, asphalt, and concrete. Ms. Landaverde has performed mix design for both concrete and asphalt mixtures. She is certified for analysis and testing in accordance with CAL TRANS, ACI, ASTM, FAA, and AASHTO standards. She has performed Geotechnical Engineering investigations and analysis on a variety of projects. Her advanced testing expertise includes direct shear and unconfined tests of bedrock cores, triaxial tests, permeability tests, Stabilometer tests, and Maximum Theoretical Density Test (Rice Method). Ms. Landaverde's experience also includes analysis of structural designs for bridges, retaining and gravity walls, bearing and foundation walls, hydrologic calculation for major and minor drainage. As laboratory manager for the Ontario office, Mrs. Landaverde is responsible for Laboratory Certifications, testing QAlQC, client relations, and Project Management. Education University of EI Salvador, Central America: B.Sc. (Civil Engineering), 1986 Central American Technological Institute, Civil Engineering Technologist, 1979 Abboltsfield School of Computer Applications, Comprehensive AutoCAD-Release 12, 1992 Memberships/Certifications Salvadoran Association of Engineers and Architects. (ASIA), EI Salvador 1998/Caltrans - Soils, Concrete, Asphalt concrete The Association of Professional Engineers, Geologists of Alberta, Canada (Examinee) 2000/NICET - Soils, Concrete, Asphalt 2000/ACI - Concrete AMEC EARTH & ENVIRONMENTAL. INC Proposal No. Q06..049 17 e e - ATTACHMENT 1, EXHIBIT C .. City of San Bernardino SOO for On-Call Geotechnical and Materials Testing Services . Various Capital Improvement Projects San Bernardino, California The following AMEC personnel may provide additional support: Team Member RegistratIOn Yrs. Project Role Exp. Mark McLarty R.G. - CA (3658) 26 Project Geologist C.E.G. - CA 111071 Diane Borkowski 4 Field Geologist Dennis Brown ACI; Caltrans Certified 13 Deputy Special Inspector, ICC/ICBO Structural Steel, Soil/Field Technician Concrete, Pre-Stressed Concrete, Masonry, and Fireoroofing Kevin Conner ACI; Caltrans Certified 8 Soil/Field Technician Allan Stone ACI 17 Soil/Field Technician Edgar Robles Caltrans Certified 3 Soil/Field Technician William Aguilera Caltrans Certified 3 Soil/Field Technician Crystal Harris ACI; ICCIICBO Reinforced 8 Deputy Special Inspector Concrete, and Masonry AMEC EARTH & ENVIRONMENTAl. INC Proposal No. 006-ll49 18 . ATTACHMENT 1, EXHIBIT C City of San Bernardino SOO for On.CalJ Geotechnical and Materials Testing Services 'J Various Capital Improvement Projects San Bernardino, California . AMEC EARTH & ENVIRONMENTAl, INC Organizational Chart ~ Development Services Department 19 Technical Staff . Dennis Brown Kevin COMer AllanSlone.i Proposal No. 006-049 . . . . City of San Bernardino SOC for On-Call Geotechnical and Materials Testing Services Various Capita/Improvement Projects San Bernardino, California .., SECTION 5.0 - REFERENCES ATTACHMENT 1, EXHIBIT C AMEC encourages the City to contact the references listed below with regard to our performance on public work capital improvement projects. Name Agency Phone Project Bill Collins San Bernardino County Flood control District San Bernardino County Flood Control District City of Anaheim San Bernardino County Flood Control District San Bernardino County De artment of Public Works Jim Borcuk Ralph Harp John Robbins David Doublet AMEC EARTH & ENVIRONMENTAl, INC (909) 387-7983 (909) 387-7962 (714) 765-5785 (909) 387-8104 (909) 387-7936 20 San Sevaine Basin #5 Etiwanda Debris Basin On-Call Geotechnical and Testin Services San Sevaine Basin #5 San Bernardino County Materials Testin On-Call Proposal No. 006-049 . " e APPENDIX A ,e e ATTACHMENT I, EXHIBIT C ATTACHMENT I, EXHIBIT C . " PROPOSER'S CERTIFICATION AND ACKNOWLEDGMENT OF ADDENDA FOR GEOTECHNICAL INVESTIGA TJONS AND CONSTRUCTION MA TERJAL TESTING SERVICES e 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, J 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: Received on: Addendum No: Received on: Addendum No: Received on: e Proposal. Attached: Yes -L No . If No, Please sign, date, provide company information and explain ~eason for not sUbmi~n re~?rz;elow. Authorized Signature: ':#: =:JZ... Print Signer's Name and Title: Date Signed: J:JHN H. -ntv~€"-rr. U Mrr M4AJAM:fL 9. ZS: 00 AMeC CAtt:rW,;" eNtb:f?.tNIIf"~L:IJ..c. 4 2LJ15~VlA IIwA ~ 5tzU€" F} {)t-..m,R:I::IJ C-If 917t / . Company Name & Address: Phone: 9f1-WS=~:;-()O Fax: ?$t".as:~02.- ~ _emarks: Pagc~llfl-J ATTACHMENT 2, EXIllBIT C . . '~.. -.' .~ . Sillllll'I'/IiII'lHlIlI PRICE FORM GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES September 25, 2006 PROPOSER'S NAME: AMeG ~AerM i tNilIJ'aJ;fIl!1JT!J LjiM.. " e (To be submitted in a sealed envelope separate from proposal documents) The undersigned Proposer, if offered, hereby certifies that it will accept an annual purchase order effective on or about December 1, 2006 and running through June 30, 2007 for Geotechnical Investigations and Construction Material Testing Services for Capital Improvement Projects on an as-needed basis with no guaranteed usage The undersigned Proposer understands that, if exercised by the City, an optional one-year extension, as provided in the agreement, shall be effective on or about July 1, 2007 and running through June 30, 2008, and that actual option year pricing shall be negotiated with the Proposer prior to exercising of any given option year; however, the option year extension shall not become effective until issuance by the City of a duly authorized Purchase Order. e Please provide detailed Firm Fixed Prices in the spaces provided below and any other incidental or additional Prices required for completing the Technical Specification requirements. Proposed unit price for routine Services: l. 1 - 4 Each Compaction Tests (including curves) Unit Price 6S.00Each - 5 - 20 Per site visit Unit Price "0.00 Each 20+ Unit Price ~ Each 2. 20 (Sets) Each Concrete Cylinder per Set & Unit Price 17~40 Each Testing (including collection tests and report) 3. 10 Each Asphalt Extraction Unit Price 140.~ach 4. 40 Each Asphalt Compaction Unit Price Ut:l. DO Each 5. 10 Each Soil Gradation/Screen Analysis Unit Price 1~s:'XEach - 6. 50 Hours Grading Observation Unit Price "S:--i:IHour - e 7. 20 8. 10 Hours Engineering Geologist Investigation c Consultation Unit Price 1I0.{>>.jour Each Soil Boring to 15' Unit Price 7~/JlEach Page I of::! e e e ., ATTACHMENT 2, EXHIBIT C . '., PRICE FORM (CONTINUED) GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES 9. 10 Unit Price 80.00 Each Unit Price ~ Each Each Pavement Bore (asphalt) 10. 10 Each Concrete Core Are there any other additional or incidental prices, which will be required by your ~'n order to meet the requirements of the Technical Specifications? Yes I No (circle one). If you answered "Yes", please provide detail of said additional Ices: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this submittal. In signing this offer, Proposer warrants that all certifications and requested herein are attached and properly completed and signed. 9l'J. ~Jf- JO;f/J H. -m~-rL j)~MAIJ~~ 9'2~--Ob documents Authorized Signature: Print Signer's Name and Title: Date Signed: Company Name & Address: ,4fAfL €flrcru ~ €MIIRt1tJ~4:tU:.. "",1.01 S4t.JlA 4"'4 5r. SitMg.p I OJjfAf2<rO CA 9/7(.,/ , Phone:9d9-~.).'6Stlo Fax: 9,J9-bOS:-bS"tJ 7- Page 2 01'2