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HomeMy WebLinkAbout2006-375 1 2 RESOLUTION NO. 2006-375 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 MAYOR TO EXECUTE AGREEMENTS FOR SERVICES WITH JOSEPH E. 4 BONADIMAN & ASSOCIATES, INC., DAVID EVANS & ASSOCIATES, INC., AND ASSOCIATED ENGINEERS, INC. FOR ON-CALL SURVEYING SUPPORT. 5 6 7 8 9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Joseph E. Bonadiman & Associates, Inc., David Evans & Associates. Inc., and Associated Engineers, Inc. are firms that are competent, experienced, and able to perform requested services and have provided the most advantageous and responsible proposal for 10 11 provision for On-Call Surveying Support in amounts totaling up to $130,000 in aggregate. 12 Pursuant to this determination, the Mayor is hereby authorized and directed to execute three 13 Agreements for On-Call Surveying Services on behalf of the City; a copy of which are attached 14 hereto and incorporated herein as Exhibit A (Joseph E. Bonadiman & Associates, Inc.), Exhibit 15 B (David Evans & Associates, Inc.) and Exhibit C (Associated Engineers, Inc.). The Purchasing 16 Manager is hereby authorized and directed to issue Purchase Orders for said services to these 17 18 19 20 21 22 23 24 25 26 27 II 28 hree firms, which shall incorporate this Resolution. SECTION 2. This approval shall be valid through June 30, 2007 unless earlier terminated as provided in the Agreement or as otherwise agreed to in writing by the parties. An administrative extension of one additional year may be authorized, subject to agreement of both arties. SECTION 3. The authorization to execute the above-referenced Agreement for Services is rescinded if it is not signed by the parties within sixty (60) days of the passage of this resolution. - I - 2006-375 RESOLUTION... AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS FOR SERVICES WITH JOSEPH E. BONADIMAN & ASSOCIATES, INC., DAVID 2 EVANS & ASSOCIATES, INC., AND ASSOCIATED ENGINEERS, INC. FOR ON- 3 CALL SURVEYING SUPPORT. 4 5 6 7 8 9 10 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof. held on the 6th day of November , 2006 by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA ~ ~ 11 12 13 14 15 16 C CAMMACK 17 18 ~ x x ~ Q~h~ ~rk n1~ "'" day of November , 2006. 19 20 21 22 23 24 25 AMES F. PENMAN, 26 ity Attorney . d j7 ;; L . 'Z1 y jj~~UtWIV 28 The foregoing resolution is hereby approved this pproved as to form: - 2- EXHIBIT A 2006-375 AGREEMENT FOR ON-CALL SURVEYING SERVICES THIS AGREEMENT is made and entered into this 6th day of November 2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and Joseph E. Bonadiman & Associates, Inc. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the on-call surveymg services described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Contractor shall furnish on-call surveying services to City in accordance with Attachment I "Scope of Services" and the Contractor's proposal dated September 12, 2006, attached and incorporated herein. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local hi,q !\(; I'lii,li, \\','\'ks' Rj:(' ':;::i1;, ; '-', ."'_"/'" ,.""Pt \..,'lk, 1\ "',i:h,i.!;n,i;-' i "i\'I"; "'I;r' ilt-!.<;,h F U ,.'.> 1:1\.,'-, triO, \;','1 "'>T,I ,jl! 1 EXHIBIT A 2006-375 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. IA. 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 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 surveying consultant, Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSA nON AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such services in accordance with Attachment 2 "Schedule of Rates dated July 2005", attached and incorporated herein, subject to an aggregate limit of $130,000 together with other consultants performing on-call surveying support. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation 2 2006-375 EXHIBIT A shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Managing Engineer for approval on a progress basis, but no more often than 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 ofthe authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Managing Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 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 Effecti ve Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Managing Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the 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 notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by 3 2006-375 EXHIBIT A '. 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 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, 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 4 . 2006-375 EXHIBIT A 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." 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 behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 5 2006-375 EXHIBIT A 6.3. Proiect Managers. City shall designate a Managing Engineer to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Contract Inspector( s) who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Mr. Edward J. Bonadiman, President Joseph E. Bonadiman & Associates, Inc. 234 N. Arrowhead Avenue San Bernardino, CA 92408-1013 Fax: (909) 381-1721 Tel: (909) 885-3806 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "D" Street San Bernardino, Ca 92418 Fax: 909-384-5080 Tel: 909-384-5357 6.5. Attornevs' Fees. In the event that litigation is brought by any party in connection with this Agreement, the 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. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other 6 .. 2006-375 EXHIBIT A 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. 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. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 7 .. 2006-375 EXHIBIT A 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectifY and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Emplovment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or contlict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Partv Beneficiarv Rights. This Agreement is entered into for the sole 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 8 2006-375 EXHIBIT 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. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. III III 9 EXHIBIT A 2006-375 AGREEMENT FOR ON-CALL SURVEYING SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation CONSULTANT Joseph E. Bonadiman & Associates, Inc. P~ By ~ Signature ~,..." ~AOI'-""'; Rus. Name and Title Approved as to form: James F. Penman, City Attorney By ;()~t/fYJJM 10 2006-375 Exhibit A Attachment 1 CITY OF SAN BERNARDINO PUBLIC WORKS ON-CALL SURVEYING SUPPORT SCOPE OF SERVICES The work shall consist of, but is not limited to, the Consultant providing a "Survey Party" which shall perform construction staking, right-of-way surveying, intersection monumentation and ties, recovery and/or restoration of monuments, topographic surveying, etc. as directed by the Field Engineer. The City will obtain all necessary permits from outside agencies. However, the Survey Party will be required to perform all necessary coordination with outside agencies, utilities, and other City Departments, including traffic control, as it relates to the surveying for the work. Before accepting an assignment, Consultant shall notify the City in writing if the use of a three- person party will be required to accomplish the work. Otherwise, payment will only be authorized at the two-person Survey Party at the prevailing wage rate. Consultant shall provide all necessary equipment and materials for satisfactory performance of the work by Survey Party. This equipment shall include, but is not limited to, a suitably equipped survey truck in excellent operating condition, high visibility safety vests and hard hats, traffic cones and warning devices, commonly used equipment for surveying, such as data collector, transit, levels, rods, chains, etc., calculators, cellular telephone, small measuring devices, pens, pencils, paper and other survey related equipment and materials. All equipment supplied to the Survey Party by Consultant shall be operated and maintained at no additional expense to the City. All safety equipment and workplace attire worn by the Survey Party shall conform to OSHA regulations. The Consultant shall provide all office support for Survey Party, including, but not limited to, computer, clerical, message center, accounting, equipment maintenance, etc. Traffic control necessary for safety of the Survey Party and the traveling public shall be the responsibility of the Survey Party, unless otherwise authorized in writing by the City Engineer. Survey Party shall maintain a close liaison with the Field Engineer at all times while the work is proceeding. Consultant shall provide a 2-person or 3-person Survey Party, as appropriate, subject to approval of the Field Engineer. The Survey Party shall work under the supervision of a Licensed Land Surveyor or Civil Engineer licensed to practice surveying in the State of California. The duration of the Contract with the selected firm shall be one-year with a provision for an administrative extension of one additional year, subject to agreement of both parties. The total cost of this project will not exceed $130,000 in any fiscal year. Survey notes shall be provided in hard copy and in electronic format suitable for export to AutoCAD format (dwg). \'" ]1:',1, \ii' _1\(,.(( \c',' IJ;~I!;ld;:(;;JI1 I )a"j;! he:r,., S ,\>,LC -;:en : f' S':; ,', ::it" :,-~:~ S"r', 2006-375 Exhibit A Attachment 1 ~ ~j J 0 S E P H E . BONADIMAN & ASSOC A T F. S . I N C . (0 I ,- I I. .: I'\; (; I S ~: I: MIS I; ,. I.' s n S l' II '" ." \" I S Ii JOSEPH E. 80S.\III\J.'.... P.E. 1!'II:J_I!J!ltl CH:\.I.ES to. BU",\U''\.I\'. I..S, IM"'''_I''''II or PRorFsslo"",\L SE.vlC'[ September 12, 2006 City of San Bernardino Attn: Michael W. Grubbs, P.E. 300 North "D" Street San Bernardino, CA 92418 Re:Request For Proposal for Public Works On-Call Land Surveying Service Support - City of San Bernardino Dear Mr. Grubbs, We appreciate the opportunity to submit a Request For Proposal (RFP) to provide Land Surveying services to the City of San Bernardino, for a period of one year. Our firm was formed in 1941, in Los Angeles, and has had offices in the Inland Empire since 1958, serving Southern California for 65 years. The company is presently in its third generation of Bonadiman family members, and we look forward to another 60 years of service for the area. Over the years we have provided such on call surveying for a number of civil engineering firms and are currently providing such services to the City of San Bernardino, and the San Bernardino Unified School District. We are well prepared to perform any of the surveying tasks outlined in the provided Scope of Services. Our Party Chiefs and Chainmen are experienced in providing various types of surveys and are always supervised by a Licensed Surveyor. We would provide services based on the attached Schedule of Fees, and all field work would be invoiced at the prevailing wage rate indicated at a 4 hour minimum. We currently run three survey crews that are equipped with the latest survey equipment including robotic instruments, RTK & Static GPS. Due to our location in the City of San Bernardino, approximately a two minute drive to City Hall, we feel that we can accommodate the City's survey needs in a timely fashion. The enclosed information will give more information on our firm, its professional members and its surveying activities. 00r2 015[1 \V 7 iC:=! r- . 0 ~Il?~.:: , \./ i'::q I): ,,1,,'1 :~JT - !:_ :._' Edward . Bonadiman, P.L.S., M.B.A. President clno Of-- ::;AJ'': 6EHh.';H,,;j''iL DEVELOPMtJ'iT .s~R,i,~:U OEPARTMfN'" 2.1+ Surlh .\rro,,'h.'ad ;\':ClIll", Sail Bt'rtlllrdino. C.\ 92+08-101:1 ( " (J lJ ) " " ;; - :1 " II H 1-" . '\. (" II lJ ) :J II 1 . I 7 Ii! I "'" "'. w. h ., II ill ., i m 8 n . .. II m ----~ 2006-375 Exhibit A Attachment 1 Joseph C. Bonadiman, P.E. Civil Engineer Registration: Education: Professional Membership: SUf11eying Background: Registered Civil Engineer in the States of California, Nevada and Colorado. Registered Agricultural Engineer, licensed General Engineering Contractor and General Building Contractor. Registered Earthquake Damage Assessor. California State University at Fresno. Bachelor of Science, Civil Engineering. Century University, New Mexico. Master of Science, Civil Engineering. Columbus University, Louissiana. Doctorate of Philosophy, Civil Engineering. Additional continuing education studies in Hydrology and Hydraulics, Ground Water Hydrology, Nuclear Site Hardening, Forensic Engineering, Water and Wastewater Systems and Planning at UCLA, Cal Poly Pomona, University of Iowa, Calif State University at Long Beach, West Virginia University and University of Washington. Fellow, American Society of Civil Engineers Fellow, National Academy of Forensic Engineers Member, National Society of Professional Engineers Member, Association of Energy Engineers Member, American Water Works Association Mr. Bonadiman has designed and managed most types of Civil Engineering projects. He is president of Joseph E. Bonadiman and Associates, Inc., and engineering, architectural, surveying, planning and construction management firm founded in Los Angeles, California in 1941. He is also Chairman of the Board of CIVILDESIG~ Corporation, consulting engineers. Mr. Bonadiman has been heavily involved in the fum's surveying activities. Through Mr. Bonadiman, the fum was one of the first in the southland to use electronic distance measuring equipment, while today he works with members of the fum in the field of GPS surveying. He is the principal architect for the firm's computer aided design and drafting systems that are sold throughout the United States and into some foreign countries. One of the principal computer system functions has to do with surveying and surveying calculations. He has been guest lecturer for the University of California at several of its campuses, addressing groups such as the National Association of Home Builders, Southern California Adjusters Association, American Society of Civil Engineers, Society of Real Estate Appraisers and the Western Mobile .. JOSEPH E BONAOIMAN & ASSOCIATES \file 2006-375 Exhibit A Attachment 1 Joseph C. Bonadiman, P.E. Civil Engineer Home Park Association. He has authored papers and reports on ecological systems, recreational developments, structural steel systems, mobile home and recreational vehicle parks, energy systems, Computer-Aided Design and Drafting (CAD D), along with environmental, wastewater and water treatment. He is Editor of CIVILDESIG~/CIVILCADD4Il Pipe Network Analysis and CIVILCADD4Il Computer Aided Design and Drafting. Following are examples of surveying projects: . Engineering supervisor of all surveying activities, including multiple AL T A, boundary and construction surveys. An example was an AL T A survey for the Resolution Trust Company, covering 1,700 acres of partially landlocked property. This survey consisted of20 individual parcels. . Project engineer for a 100 mile survey of Edwards Air Force Base, CA. This project included re-monumentation of the base. The project was done for the U.S. Corps of Engineers and required much historical review going back to the 1840's. . Principal engineer on the design and surveying for 72 miles of water transmission main, water storage tanks, wells, and a booster station in the community of Phelan, San Bernardino County, CA. This project from start to completed working drawings took three months. . Principal engineer on the design, which included surveying of three miles of 84" diameter storm sewer in the cities of Rialto and Colton, CA. Design and construction of this line was complicated due to its location in Valley Boulevard which had large crossing utilities. . Staff engineer for the design of the Meadowbrook Redevelopment Project in the City of San Bernardino, CA. This project made land available for new development and necessitated the integration of existing older infrastructure with new construction. The surveying portion of the project was complicated by existing infrastructure. This development was one of the most successful redevelopment projects in California at the time. . Staff engineer on a hydrology analysis, study, design and surveying for a compacted soil cement levy for the County of V entura. The Arroyo Las Posas Wash carried a QIOO of 33,000 CFS. Due to the location of the wash, no acceptable rock to race the levy was available. (continued) iJI JOSEPH E. 80NADlMAN & ASSOC"TES we L_. 2006-375 Exhibit A Attachment 1 Edward J. Bonadiman, P.L.S. Land Surveyor Registration: Education: Professional Membership: Surveying Background: Licensed Land Surveyor in the State of California California State University San Bernardino, Bachelor of Art Degree in Business Administration / Management. California State University San Bernardino, Master of Art Degree in Business Administration / Marketing. California Land Surveyors Association, San Bernardino / Riverside chapter, Past-President. California Land Surveyors Association, Corporate Member. Mr. Bonadiman has been working in the Land Surveying field for over thirteen years. He has provided land surveying services with Real Time Kinematic G.P.S. equipment since 1994. His understanding of the latest equipments, features, benefits, and limitations, has made Mr. Bonadiman a valuable asset on any project. Mr. Bonadiman has worked extensively throughout the western United States, and is currently preparing and staking improvement plans, record of surveys, parcel maps, tract maps, large area vertical / horizontal control plats and construction staking from our office in San Bernardino. Following are examples of surveying projects: . Project Manager / Crew Chief for a 2,240 acre agricultural project in the Cadiz Valley, California. Utilized RTK to set vertical / horizontal aerial control to produce contour maps and rectified orthophotos for the entire area. . Crew Chief for a 3,400 acre boundary survey on the Mariano Rancho in Ventura, California. Provided Real Time Kinematic surveying services to locate boundary monuments and the City / County line. . Crew Chief for a 2,800 acre residential/industrial development in Reno, Nevada. Set aerial control with Real Time Kinematic G.P .S. for the entire project. ill JOSEPH E. BONADIMAN & ASSOCIATES NC 2006-375 Exhibit A Attachment 1 . . Edward J. Bonadiman,P.L.S.(cont.) Manager / Crew Chieffor Community Sewer Improvements, Baker, California. Met with Cal- Trans and pulled permit to bore 460 feet under Interstate 15. Provided both preliminary control and construction staking for boring and sewage lagoons. . Project Manager / Crew Chief for site improvements on New City Hall, Highland, California. Worked closely with architects and City officials through planning process. Provided all preliminary control and construction staking for project. . Project Manager / Crew Chief for Co-composting facilities in Corona, California and Colton, California. Prepared conditional use permits, oversaw preparation of plans, As-Built drawings, met with flood control, South Coast Air Quality Management, and SA WP A. Provided all preliminary control and topographic maps. . Project Manager / Crew Chief / Head Mapper on various A.L.T.A., Record of Surveys, Parcel Maps and Tract maps, throughout Southern California. From preliminary research, to document and legal description evaluations and all field work. . Crew Chief on various high-rise projects in Reno, Nevada, including: - 26 story Hamilton Inn Hotel, including building alignment - EI Dorado Hotel and Casino - Reno Airport Hilton Hotel and Casino - ] 20,000 square foot Patagonia Clothing Company warehouse, and various other "tilt-up" type warehouses throughout Northern Nevada. . Crew Chief on rough grade, utility, road alignment and fmal grade staking on thousands of residential lots throughout Southern California. . Crew Chief on the L.A. to Pasadena Metro]ink Blueline Extension. Right-of-Way acquisition and descriptions, on portions of the 26 mile project. . Proje c t ill JOSEPH E_ BONADIMAN & ASSOCIATES NC 2006-375 Exhibit A Attachment 1 Corporate Experience in land Surveying Joseph E. Bonadiman & Assoc., Inc. The firm of Joseph E. Bonadiman & Associates, Inc. for the last 64 years has performed multiple types of survey projects. The firm has had in the field at one time as many as ten survey crews working on every possible type of survey, including hydrographic. The firm also has developed computer design and drafting software for surveyors that is used in the United States and abroad. Because of the firm's day to day surveying activities along with the production of software for surveyors, the firm has had to keep abreast of all modern surveying techniques. Timber Creek Channel, San Bernardino, County of San Bernardino City of San Bernardino Provided horizontal and vertical controls, for civil engineering design work for plan and profile sheets, hydrology and hydraulic of this trapeZOidal col)crete channel. CC&R, Ventura, County of Ventura CC&R Provided on-call GPS surveying services for various boundary surveys, topographic and construction projects throughout Ventura. Co-Composting Facility, Colton, County of San Bernardino Inland Empire Composting Provided horizontal and vertical controls, all civil engineering design work for plan and profile sheets, hydrology and hydraulic of this trapezoidal concrete channel. Soboba Indian Reservation, County of Riverside Odebrecht, Haskell & Romero Provided horizontal and vertical survey control work for aerial mapping, preliminary hydrology and hydraulics work to assess the feasibility of a hetel and casino project. Residential Subdivision to Mockingbird Canyon, Riverside, County of Riverside Joseph Nicholas Homes Provided all construction staking from curb stakes to waterlines, storm drain, house building layout, rough grade for 54-lot subdivision in Riverside. Expedine Wireless, Southern California Expedine Wifllless Provided topographic surveys of various cell sites through the Inland Empire, Los Angeles, and Ventura Counties, including geodetic coordinates for overall base mapping. ill JOSEPH E. 8QNAOIMAN . ASSOCIATES ",C 2006-375 Exhibit A Attachment 1 Corporate Experience in Land Surveying Joseph E. Bonadiman & Assoc., Inc. Pilot Spreading Basins, MWD Chuckawalla Southern California Geopentech Provided topographic and boundary surveys of piolot spreading basin sites alan California Aqueduct. K-Mart Distribution Center, Ontario, California Commercial Construction Consulting, Inc. Provided construction staking and field engineering for the construction of new parking aresa, entrance road and buildings, dolly pads, perimeter walls, etc. Residential Subdivision Rancho Mirage, County of Riverside Regency Homes Provided construction staking, topographic mapping, boundary surveying on various Tracts in Rancho Mirage. Prepared final maps for recordation. Residential Subdivision Lake Arrowhead Concordia Homes Provided all construction documentation design including final maps on an eight phase, 107 lot hillside subdivision. San Bernardino Municipal Water District S.B.MW.D. Provided GPS control for the mapping of downtown San Bernardino for the Lakes & Streams project. Work included Static GPS control, RTK data collection and all aerial premarking. I 1- +. , .t . ~ >t ", __J.___I. Tljeras Creek Elementary School, San Juan Capistrano, County of Orange Skidmore Contracting Corporation Provided surveying control, both on-site and off-site construction staking, building layout, rough grade, final grade, as-built drawings, all construction staking from beginning to end of project for the development of a new elementary school. Idyllwild Elementary School, Idyllwlld, County of Riverside Skidmore Contracting Corporation Provided staging area limits, building layout, staking and rough grade staking for the construction of a new gymnasium. .. JOSEPH E. BONAOlMAN & ASSOCIATES NC. 2006-375 Exhibit A Attachment 1 Corporate Experience in land Surveying Joseph E. Bonadiman & Assoc., Inc. . Midland School, Romoland, County of Riverside Skidmore Contracting Corporation Provided building layout and rough grade staking for the development of a new elementary school. Los Angeles Metropolitan Transit Authority, Blue Line Extension, Pasadena, County of Los Angeles Booz, Allen & Hamilton, Inc. Horizontal and vertical control, plotting, legal descriptions for the 26-mile Los Angeles Metropolitan Transit Authority, Blue Line Extension high-speed rail transit system. L_..-____________ _ . -"------_... -----".~-- -_." ---.--------" _._---~--.-.._----".~..---,..--- _ =.___ _.___ .___.._.u_. __-- San Luis Reservoir, Los Banos, County of Merced Geosystems, Inc. Provided horizontal and vertical control for monitoring wells at San Luis Reservoir, based on pre-determined vertical elevations and state plane coordinates. 'I' ! Century Quality Management, Inc., Silver Lake area of Los Angeles, County of Los Angeles Century Quality Management, Inc. Aerial survey control, rough grade and construction staking, topographiC base mapping, slope staking for a slope repair project in Los Angeles. Cadiz, Inc and MWD, Amboy, County of San Bernardino Cadiz, Inc. and MWD Various vertical and horizontal surveys for agricultural and large water pumping project, including a pilot spreading basin, airstrip and aerial control. .--- // , ' / .</~' !. .~/1! 1 ,'/ ,I i' I '/ ! I"~ // // Interstate-15, Baker, County of San Bernardino Baker Community Services District Provided control for a 460-foot boring underneath Interstate- 15 to provide increased sewer capacity for the town of Baker. Both preliminary control and boring alignment surveys were provided. Mt. Vernon Storm Drain, San Bernardino, County of San Bernardino City of San Bernardino Provided horizontal and vertical controls for the design of a 48-inch reinforced concrete pipe, approximately 2,500 linear feet. Provided engineering service for the complete design of plan and profile sheets for storm drain, including all hydrology and hydraulic work. iJIi JOSEPH E. BONADlMAN & ASSOCIATES INC I , t'D) lli @ ~ ~SJlI~ ~D) lnl SEPf 2006 ,.j Exhibit A Attachment 2 ~6i:VEl.OPMENT SERVICES DEPARTMENT Schedule of Rates (712005) . Hourlv Rates I. Principals (P.E.) . . . . . Forensic: Appearance for Depositions and Court Preparation for Depositions and Court Consultation/Expert Witness $210.00 300.00 250.00 210.00 II. Project Manager (P.E.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 180.00 III. Project Engineer (P.E.).. . .. . ... . .. .... .. .. .. . .. . . .,. .. . . . . .. . . . .. .. . .... ........,.. .. . . . .... 160.00 IV. Senior Engineer (P.E,)ISurveyor (LS.) ...,.........,...,.,......,...,................".,..,... 140.00 V. Associate Engineer (P.E.)/Surveyor (L.S,) .. .. . .. . .. . . . .. . . .. .. .. .. . .. .. . . . . .. . .. .. . .. .. . .. .. .... 120.00 VI. Assistant Engineer/Surveyor. .... .. . .. . .. ..,.. .. . . . .. .. . .. . .. . . ... .. . .... . .....,.. . . ... . . . ... 100.00 VII. Junior Engineer/Surveyor. , . . , . . . . . . . . . , . , . . . . . . , . . . . . , . . . , . . , . . . . . . , . . . , . . . ' . . . . . , . . , . , , . . , . , 90.00 VIII. Engineering/Surveyor Technician II . . . . , , , . , . . . , . , . . . . , . , . . , . . . , . . . . . . . . . . , . . . . . . . , , . . , . . . . , , . . . 80.00 IX. Engineering/Surveyor Technician I ....',.,...,......,.,....,......,...."...,.,.',...,....,.... 75.00 X. Draftsperson III (CAD) .................'.................................................... 70,00 XI. Draftsperson II (CAD) ......'...,.,.....,'...,.".....,......,.....,...",......,...."...... 65.00 XII. Draftsperson I . , . . . . , . . . . . . . . . . , . , . . . , . . . . . . . . . . . . , . , , . . , . ' , . . . . . , , . . . . , . . , . . . . . . , . . , , , . . , . . 60,00 XIIl. Bookkeeping, . , , . , . . . , , . . . . . , . . . . , . , . . . , , . . , . , . , . , . . . , . . . . . , . . . . . , , , . . . , . . , . . , , . . , . , . . . . . . 50,00 XIV. Secretarial, . . ' . , ' . , . . , , , , , . . . , . . . . . . . , . . , , . . . . , , , . , . . , . . , . . . . , . . . . , . . . . , , . , , . . . . . . . . . , . . . . . 45.00 XV. Field Engineering: Resident Engineer "."..,.."....,......,..,.",..,..,.....,......,...",.,.."...,....,., 140.00 Field Survey Supervisor. . . , . , , . . . . . , . . . . . , . . . . . , , . . . , . , , . , , . . , . , . . . , , . . , . . .. . . , , , . . , , . , . , , .. 120.00 Resident Inspector ,.."..,..,..,..,.....,...,...,....,..,.".,.,."..."...,.",.."....,., 100.00 2-Man Survey Crew (Mileage, Materials & Equipment included) . . , . , , . . . , . , , . , . . , . . ' . . , . . . . , . , , , , . ,. 175,00 2-Man Survey Crew Prevailing W~ge (Mileage, Materials & Equipment included) ".. . , . . . . . . . , , . . , , , . , . 200,00 3-Man Survey Crew (Mileage, Materials & Equipment included) . , . . . . , , , . . . . , , , . . . , . . , . . , , . . . , , , , . , . 220,00 3-Man Survey Crew Prevailing Wage (Mileage, Materials & Equipment included) ",. . , , . , . . . . . , . , , , . . , . 255,00 2-Man GPS Crew (Mileage, Materials & Equipment included) .'.....'.....'...'..'.....'.''.'. 210.00 I-Man GPS Crew (Mileage, Materials & Equipment included) .......",....,.....,'.....,..."".,. 160,00 XVI. Miscellaneous Services and Expenses: Subsistence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost Material & Other Expenses ....,..,..".,.,'....,.,....,..,..,...,."...."..,.""."....,..., Cost Mileage Charges ....,......,...'.,.,...,..".....,.,..,..,...".,...",......,..."...., IRS Rate Prints ..................................................................................... Cost Telephone. ' , . , . . , . . , . . . , . . , . . . , . , . , . , . , , . . , , . . . . , . , . . . . . , . . . . , . , . . . , , , , . . , . , , . . . , , . . . . , . . . . Cost Outside Consultant Service .............,...................................................... Cost Per Diem ".".".,.,..,."..,..,...,.".',....,..,..,..,...,...,.".,....."...,..... $140/Day ill JOSEPH E. BONAOIMAN & ASSOCIATES INC J 2006-375 EXHIBIT B AGREEMENT FOR ON-CALL SURVEYING SERVICES THIS AGREEMENT is made and entered into this 6th day of November 2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and David Evans & Associates, Inc. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the on-call surveymg services described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California 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 subj ect matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Contractor shall furnish on-call surveying services to City in accordance with Attachment 1 "Scope of Services" and the Contractor's proposal dated September 15, 2006, attached and incorporated herein. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warrantv. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. S:' [>l1bli,' \\\11'\.;:;\ r\F(-:A'~\2l)Oh /\11\., 1 t-\)b~U6\, Agrcl'lYlcnl \vithl3onaJiman David F::v(m~ ,\:- Assocbtvd 1-m ('IP Surv,,'y ~cn'i,~e<;\ \gn'<>nwnt - D:'lVid [v,lns &'\SS\'C:iltC'S, In,'\ DE'.-\ Agrt.'\-'lI1Cnt On-CJll Surv('vini~ SC'f\'ld'" 11-06-0(',cklC 1 EXHIBIT B 2006-375 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 AlITeement. 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 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 ofthis Agreement. 1.8. Dutv of Lovaltv/Conflict of Interest: The Consultant understands and agrees that as the City's on-call surveying consultant, Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 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, Contractor shall be paid for such services in accordance with Attachment 2 "Schedule of Rates effective through June 30, 2001", attached and incorporated herein, subject to an aggregate limit of $130,000 together with other consultants performing on-call surveying support. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant performing the additional 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 2006-375 EXHIBIT B 2.3. Method of Billing. Consultant may submit invoices to City's Managing Engineer for approval on a progress basis, but no more often than 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 Managing Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Managing Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable 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 notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 3 2006-375 EXHIBIT B 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. 4 2006-375 EXHIBIT B 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. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreeinent, 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 behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Managing Engineer to work 5 2006-375 EXHIBIT B directly with Consultant in the performance of this Agreement. Consultant shall designate a Contract Inspector( s) who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Mr. Bernard J. McInally, P.L.S. David Evans & Associates, Inc. 800 N. Haven Avenue, Suite 300 Ontario, CA 91764 Fax: (909) 481-5757 Tel: (909) 481-5750 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "D" Street San 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. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6 2006-375 EXHIBIT B 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 oflimitation, 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. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 7 2006-375 EXHIBIT B 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Emplovment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the 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 Party 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 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 8 2006-375 EXHIBIT B 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. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision( s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. III III 9 2006-375 EXHIBIT B AGREEMENT FOR ON-CALL SURVEYING SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation CONSULTANT David Evans & Associates, Inc. ~~~- trick J. orris, May ~ By Signature ~t.eb ~l~~ J.p' Name imd Titl ""--- ~~ <-L\ ff S\M-e:N~ StL" P Approved as to form: James F. Penman, City Attorney By ()~~ ".\ :.1 10 2006-375 Exhibit B Attachment 1 CITY OF SAN BERNARDINO PUBLIC WORKS ON-CALL SURVEYING SUPPORT SCOPE OF SERVICES The work shall consist of, but is not limited to, the Consultant providing a "Survey party" which shall perform construction staking, right-of-way surveying, intersection monumentation and ties, recovery and/or restoration of monuments, topographic surveying, etc. as directed by the Field Engineer. The City will obtain all necessary permits from outside agencies. However, the Survey Party will be required to perform all necessary coordination with outside agencies, utilities, and other City Departments, including traffic control, as it relates to the surveying for the work. Before accepting an assignment, Consultant shall notify the City in writing if the use of a three- person party will be required to accomplish the work. Otherwise, payment will only be authorized at the two-person Survey Party at the prevailing wage rate. Consultant shall provide all necessary equipment and materials for satisfactory performance of the work by Survey Party. This equipment shall include, but is not limited to, a suitably equipped survey truck in excellent operating condition, high visibility safety vests and hard hats, traffic cones and warning devices, commonly used equipment for surveying, such as data collector, transit, levels, rods, chains, etc., calculators, cellular telephone, small measuring devices, pens, pencils, paper and other survey related equipment and materials. All equipment supplied to the Survey Party by Consultant shall be operated and maintained at no additional expense to the City. All safety equipment and workplace attire worn by the Survey Party shall conform to OSHA regulations. The Consultant shall provide all office support for Survey Party, including, but not limited to, computer, clerical, message center, accounting, equipment maintenance, etc. Traffic control necessary for safety of the Survey Party and the traveling public shall be the responsibility of the Survey Party, unless otherwise authorized in writing by the City Engineer. Survey Party shall maintain a close liaison with the Field Engineer at all times while the work is proceeding. Consultant shall provide a 2-person or 3-person Survey Party, as appropriate, subject to approval of the Field Engineer. The Survey Party shall work under the supervision of a Licensed Land Surveyor or Civil Engineer licensed to practice surveying in the State of California. The duration of the Contract with the selected firm shall be one-year with a provision for an administrative extension of one additional year, subject to agreement of both parties. The total cost of this project will not exceed $\30,000 in any fiscal year. Survey notes shall be provided in hard copy and in electronic format suitable for export to AutoCAD format (dwg). .;,,' l'uh!il' \\',,d;c.' H 1'(' ,V<2()(\(1\11 I f.(,JI(,',-\:J':V!1:(,111 '\d: HOIl:Jd:'r:;n ');j\j,] \ \d;~ ,,\\:,~()C yd ('II' ,",.:"," or Sr.:n:I.:i.'S SunCj ng :".unpm; Clue.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t t t t . . . t t t t . . 2006-375 " Exhibit B Attachment 1 '/ t\ f\,; "..i September 15, 2006 Mr. Michael Grubbs, P.E. City of San Bernardino 300 North "D" Street, 3" Roor San Bernardino, California 92418 ~Y3AL. T.o ,'1 SU;:Jj'OHT Dear Mr. Grubbs: On behalf of David Evans and Associates, Inc. (DEA), I would like to thank you for providing us the opportunity to submit our proposal for the above mentioned contract. DEA has been providing land surveying services for over 20 years in the Southern California area. With our full service, multi-disciplinary firm operating nationally from 22 offices in 6 states, DEA is capable of performing a variety of land surveying services. Locally, DEA can field up to 14 fully-equipped field crews and we have ample staff to do the work! We have a local Inland Empire office located in Ontario, where the work on this contract will be performed and managed. We have had an Inland Empire presence since 1988, originally located in Riverside and now in Ontario for the past 10 years. We have tremendous experience in monument perpetuation, design, construction, right of way, GPS, and control surveys. Some of the projects we have worked on can be found in Section 3 of this submittal package. AIl of our field surveyors are members of the Union of Operating Engineers, Local 12. As such, DEA has paid prevailing wage to our field employees for the past 20 years. Vital to all field activities is safety and our firm is dedicated to safety. Safety is a primary consideration in all job performance but especially so when working along the busy city streets and highways. DEA's field crews hold bi-monthly safety tailgate meetings which allows all the employees on any particular project to be "in the know". Our office staff holds a monthly safety meeting with an office appointed safety monitor leading the meeting. Minutes are taken at each meeting and posted in the office for all to view and make comments. We are confident that the following information will illustrate that DEA's project team, who has successfully completed land surveying contracts for other municipalities and agencies, will provide the city of San Bernardino with superior surveying services for the successful completion of your projects. Our personnel are highly qualified to do the work and are thoroughly excited about this contract. We look forward'to working with the City on this contract in the near future. Sincerely, DAVID E~S AND ASSOCIATES, INC. ,:-~f-~-3:j.~j ';' Bernard J. McInally, P.lf.S. Vice President I Project tJanager 800 North Haven Aver1ue, Suite 300. Ontarto, Ca~:f0rnla 91754 909.481.5750 tax909.481.5757 . . . . . . . . . . . . . . . . . . . 2006-375 . . . . . . . . . . . 39"""'''''' , ~ . . , ~ , . .' ~'" ..' -a'I" Proposal to provide On-Call Surveying Support Services Preparedfor the City of San Bernardino Mr. Michael GnJbbs, P.E. 300 North "D" Street, 3rd Floor San Bernardino, Califomia 92418 (909)384-5111 Fax:(909)384-5155 Prepared by David Evans and Associates, Inc. 800 North Haven Avenue, Sutte 300 Ontario, Calijomia 91764 Contact: Bemard J. Mclnally, P.L.S. bjmc@deainc.com (909) 481-5750 Fax (909) 481-5757 !Additional Southern California offices in Irvine. Palm Desert. and San Diego i September 18, 2006 Exhibit B Attachment 1 " Table of Contents Section 1: Project Understanding I Scope of Services . Section 2: Team Organization and Experience Organization Chart Resumes . Section 3: Relevant Experience Section 4: Exceptions I Deviations Section 5: Licensing and Certification Requirements Exhibit B On-Call Surveying Sut1P&l\~l Section 6: Cost and Price Schedule (under separate sealed envelope) Appendix A: Firm Information ~.,..,...".,.. o. : . . ..' ~D" ~'~'''~IO.' ~ . 2006-375 .~_..,' .'."";!."'-\'"-.,. . "'~' ' . . . SaD Bernar 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . I I I . . I ~,..".."" o ". ~~ . , .~, ,.~ "''',jO. Section 1 :~!()i~tlJn~er~~!!~~,:"gL~~()E.,_~f W()~~_ CTUf'i r,(~,.\i DIN G 'DEA understands that the city of San Bernardino has need for public works on-call surveying support for its Capital Improvement Program (CIP) and that the work will include construction staking, 'right-of-way surveying, intersection monumentation and ties, 'recovery and/or restoration of monuments and topographic surveying, and other survey support, as required. Oi'1..Ca,!1 Exhibit B At1;ll~I,tDlep( 1 :Ju ,_,1)'__' ,._,:;':. 'J;', .~~_:: It is also our understanding that the City will obtain all necessary permits from outside agencies and that DEA will be required to perform all necessary coordination with outside agencies, utilities, and other city departments, including traffic control, as it relates to the surveying for the work. Before accepting an assignment, DEA will notify the City in writing if the use of a three-person crew will be required to accomplish the work. Normally, a two-person survey crew should be sufficient to accomplish tasks assigned under this program. DEA will provide all necessary equipment and materials for satisfactory performance of the work by DEA survey crews. This equipment shall include, but is not limited to, a suitably equipped survey truck in excellent operating condition, high visibility safety vests and hard hats, traffic cones and warning devices, ,as well as commonly used equipment for surveying, such as data collectors, total stations, levels, calculators, cell phones, and other :standard survey-related equipment and materials. All equipment supplied to the field crews will be operated and 'maintained at no additional expense to the City. All safety equipment and workplace attire worn by crew members shall conform to OSHA regulations. DEA will provide all office support for assigned field crews, including, but not limited to, computers, 'clerical, message center, accounting, equipment maintenance, etc. 'We understand that traffic control may be necessary for the safety of the survey party and the traveling public. DEA survey personnel are very familiar with traffic control procedures and will be responsible for :maintaining traffic safety, unless otherwise authorized in writing by the City Engineer. DEA field crews will maintain a close liaison, with the field engineer at all times while the work is in progress. Additionally, all work will be conducted under the supervision of a licensed land surveyor or civil engineer licensed to practice surveying in the State of California. Survey notes will be provided in hard copy and in electronic format suitable for export to AutoCAD format (dwg). It is understood that projects will be assigned at the sole discretion of the City Engineer, and that the City may use its own employees and/or other consultants to perform surveying in addition to any such work assigned to DEA. The need for on-call surveying may vary significantly during the contract period, and there is no guarantee provided as to the volume of work that may be assigned. :In the course of providing on-call surveying support, DEA will avoid situations involving an actual or 'potential conflict of interest, and will act in the interest of the City. Any potential conflict of interest know 'to DEA will be discussed with City staff at the earliest possible opportunity. , " Exhibit B Attachment 1 ) :~J DEA's land surveying project approach is to provide a single point of contact for the City's survey task manager, in order to facilitate the implementation, coordination and monitoring of each task order. DEA's survey manager for this assignment is Mr. Bernard 1. McInally, P.L.S. His 17 years of experience provide 'him and the City with the level of experience needed to foresee issues on the project before they become problems and to manage each task order to a successful conclusion. t t t t t . . . . . . . . . . . . . . . . . . , . , . , I I I I I I I I I Our understanding of the scope of services required for the various field survey task orders is as follows: Construction Surveys DEA personnel are continuously engaged in construction staking projects. Our senior party chiefs are all experienced in horizontal layout, routing and construction surveys. DEA's survey crews are equipped with laptop computers and various software application packages to complement our crews' Leica total stations. During the past ten years, we have provided construction surveying for roads, bridges, freeways and new plant facilities. In addition, DEA field surveyors have experience with construction surveying on tunnel and railway projects. Monumentation Perpetuation DEA understands that monumentation perpetuation is a critical element to all projects. Prior to ,construction, research and recovery of the existing survey monuments within the projects limits must be ,completed. Found monuments must be tied out and pre-construction corner records filed with the County Surveyor's Office. Monuments which have been disturbed or destroyed during construction shall be replaced per the 1997 Land Survey Act, Article 4, Section 464 - Corner Records. Post construction corner records are filed with the County Surveyor's Office following the completion of construction activities. DEA is currently providing these services to the cities of Moreno Valley and Ontario. Topographic Surveying Topographic surveying is one of DEA's specialties. Our use of electronic data collection heightens our ability to deliver high-quality, digital, topographic data in a timely manner. Of the 52 crews we typically field on any given day, 15 to 20 are usually involved in boundary and topographic surveying efforts. We pride ourselves 'on being particularly adept at topographic surveys in part because of our use of state-of-the-art theodolites 'and data collection systems. We use Leica Total Stations and the accompanying PC cards for data recorders. As a part of our "Quality Management" efforts, we have developed a uniform set of data collection codes that are used by all survey personnel with DEA. We also are able to incorporate photogrammetrically gathered 'data from existing topographic files, or create a composite product utilizing captured data from photogrammetrists. Recent examples of our work include design surveys for the city of Ontario on various improvement projects. DEA performed these surveys in accordance with city of Ontario standards and guidelines. DEA field surveyors and office technicians were also responsible for performing a detailed topographic survey along Mission Boulevard for Ri verside County EDA. Boundary Surveys DEA performs many projects each year that involve research of land records, determination of property lines and retracement and resetting of Public Land Survey System (PLSS) corners. DEA surveyors are involved in cadastral work on a continuing basis. DEA has performed 'cadastral surveys for various agencies in the Southwest. We recently mapped 537 sections of land for the ,uSACE, Los Angeles District. To perform the task, extensive research of township plats and original 39"'''''''''' , . . ~ . .' ~'1..:>. ,0.' . . . . . . . . . . . " " " . . . . . . . " ~ " ~ !t !t !t ~ . !!) . It . . . . . ~,."""".,. . . . ~ , . .' ~'~,~~ 10.' Exhibit B Atfaclimetitl)S , Igovernment field notes was required. On another project, the Eastern Transportation Corridor, DEA performed Icadastral surveys utilizing GPS technology over rugged, mountainous terrain. The survey involved :reconnaissance and establishment of over 100 cadastral comers, resulting in the recording of three record-of- ;survey maps. ! IGlobal Positioning Systems (GPS) IDEA's surveyors have been performing control surveys for governmental 'and private clients for many years. GPS has become the tool of choice for !conducting these surveys. Fifteen years ago, DEA became one of the first 'firms on the West Coast to embrace this technology. Because we have been using GPS techniques for such an extended period, we have gained the experience and knowledge to solve complex survey control problems for our clients. Real-time kinematic (RTK) and on-the-fly (OTF) integer ambiguity ,resolution are two recent advances in the GPS arena with which DEA is very 'familiar. Continuous kinematic is another procedure used by DEA and only differs from OTF in the initialization process. Using dual frequency (L-IIL- '2) Trimble and 4000Ssi, 4700, 4800, and 5700 geodetic, internal data logging receivers, we have employed RTK, OTF, and continuous kinematic, 'as well as the more conventional static, rapid static, and kinematic procedures. We have performed surveys Iwith the use of GPS control surveys utilizing receivers in the fast static mode; truck mounted antennas lusing on-the-fly (OTF) kinematic methods to map the roadways, while real time kinematic (RTK) surveys land terrestrial surveys were used to tie in specific features on individual sites. DEA has also been at the jforefront of airborne GPS operations. This process involves differentially positioning the camera in the iairplane. DEA has been a beta test site for the development of this process with TRIMBLE NAVIGATION. 'Right-of-Way Engineering/Mapping jRight-of-way services include corridor studies, precise alignments, acquisition documents, records of Isurvey, right-of-way maps, appraisal maps, and vacation maps. lndividuallegal descriptions and plats are Iprepared for each parcel requiring right-of-way. The new right-of-way lines are calculated to encompass ,design improvements, parkway and other future considerations. The area of each record parcel affected by Ithis new right-of-way line is calculated and included in a legal description and plat for property acquisition 'and inclusion in a Grant Deed. DEA recently provided right of way engineering services on State Route 1210, State Route 138, and State Route 2. tField.to-Finish Mapping DEA employs leading edge field-to-finish surveying and mapping technology to produce cost-effective. highly accurate, and aesthetically pleasing mapping products. Field-ta-finish refers to the ability to electronically gather, process, and map survey information. Any surveying and mapping project can now be performed on a field-to-finish system. Site and utilities mapping are particularly good applications for field-to-finish technology. The benefits include speed calculations and mapping portion of projects by up to 50% and reduced time-consuming manual note-taking, drafting, etc. to minimal levels land in some cases eliminates manual efforts entirely. The processed data is electronically exported to a CAD system (AutoCAD, Microstation) or GIS for final map design. The finished product is a very accurate 'graphic representation of various site features, produced in a format best suited to our client's needs. The , 'mapping may be produced in several layers, each depicting a specific feature. For example, one layer may detail underground utilities, another may show buildings, and so forth. These layers may be combined and jseparated in any fashion desirable. t il-' , " , 1_-,... . "-'-~ <. ,-<" '. .'.- "j,P"-"'-.'~. '." ,'- .--,--'- .'...'.....,'.....'.., . .> - .- ~.~~:::~~ :F~~~':7~:-~'.~;~::! -- -=:-- ~ -";-=" ___ _4 _ ___. ~ '1I6Ir Exhibit B Mtachment,! [Mapping Compliance iDEA has filed record of survey maps with various agencies in California, Arizona, Nevada, and New IMexico. These surveys comply with the governing agencies' requirements for filing a record of survey. All of the surveys show a complete boundary of the site along with the horizontal control utilized for any iboundary determinations. DEA has recorded record of survey maps for GPS surveys, cadastral surveys, :alignment surveys, and boundary surveys. In addition, DEA is providing map checking services for the icity of Ontario and the San Bernardino County Surveyor's Office. . . . . . . . . . . t t t ~ ~ ~ I I . . 'r i_~,: r;, i30 Laser Scanning (HOS) DEA is a leader in 3D laser scanning capabilities. The advantages of this ~service is immediate results, cost-effective data acquisition, and it reduces site ,visits and rework. The system provides a complete archive of data for future 'reference and automatically captures data in 3D providing significant savings on modeling and measuring. DEA has used 3D laser scanning for large :structures and objects and it provides a reliable 2-6mm accuracy. 'AL T A Surveys IDEA performs ALT A surveys for public and private sector clients throughout jthe western United States. These surveys have been performed to ;AL TAl ACSM Land Title Survey Standards on properties ranging from [completely vacant lots to fully developed properties. All of the surveys have included a complete review of the title and reflect a complete boundary and ,any pertinent easements. All of the improvements are shown on the surveys and the final drawing is prepared using CAD. Hydrographic Surveys iDEA provides advanced hydrographic surveying services from our own custom-designed survey/research .vessels or a vessel of opportunity. Our hydrographers are trained in the latest navigation and hydrographic data acquisition techniques and equipment, including differential GPS, heave compensators, multi-beam sonar, gyro integration, and digital side-scan sonar imaging. This advanced training and our state-of-the-art 'equipment ensures DEA's clients high-quality products completed in a timely manner. Our marine group ,prides itself in its ability to customize a data acquisition program to meet specific project needs, integrate a [wide range of unique instrumentation, and provide innovative mapping from data acquired through remote :sensing. 'Special Studies DEA has performed special study surveys for land acquisition, property assessment, property ownership, :zoning, slope analysis and special districts. These studies typically require a total research of existing parcels :within a gi ven area. DEA has performed special studies for the USACE, Los Angeles District as a part of the jexpansion of the Fort Irwin project in California. )9'>) ." .,l ~D'" '.....}O ~ .. 2006-375 "m~;;;, .. -, : ,- .. : Sal Derlar IDO .. .. .. .. .. .. If lit lit .- .. .. .. . . . It It .. .. . . . . . It It . . . . . . . . I . 3Q"'"'''''' . '0 '. o ~ , . .' ~'''J,"' ,0.' Exhibit B A~cbm~nt 1 . ::Jl+pU. '~:':;<,:,_,::';~ Section 2: Team Organization and Experience l---~'-~'---'------~-"---'------------~--'-~-_____m..~--_.- iDEA has assembled a qualified project team that will fully irespond to the city of San Bernardino's needs. DEA places la high regard for quality, timely performance, and precise 'communication when utilizing the services of a consultant. jOur management structure explains the appropriate "chain 'of command" and reporting responsibilities. This 'organization and structure is very important for our clients, ,subconsultants, the project goals and DEA. Please note 'that the individuals shown are supported by over 1,000 professionals located throughout DEA. Office Survey Field Survey GPS Lisa Henstridge, P.L.S. FIELD SURVEY Jayme Tarbert, P.L.S. Jerry C. Woodrow, P.L.S. Nick Lewis, P.L.S. Oliver O. Rocha, L.S.I.T. Jose Alcantora, L.S.I.T. Field Crews SURVEY ANALYSIS Ryan Versteeg, P. L.S. Brian MacLellan, P.E. Karina Garza, E.I.T. Garcia, L.S.I.T. ,Bernard J. Mclnally, P.L.S. - Mr. McInally will serve as project manager and will be the key contact to the , iCity. He will plan, coordinate. and monitor the effort of the project team, in addition to ensuring iconformance with the client's requirements, technical accuracy, and timely completion. He will prepare !monthly progress reports, conduct monthly progress review meetings, and coordinate the preparation, :reviews, documentation and submittal of all transmittals and deliverables to the client. Mr. McInally is iDEA's survey discipline director and a vice president of the firm. His experience in the surveying field :encompasses more than 17 years. He has served as project manager for a variety of on-call contracts with 'various agencies including Caltrans, OCT A, SANBAG, and RCTC. In the role of project manager, Mr. iMcInally will be responsible to assure that tasks are performed within the standards that have been iestablished. I " .. 2006-375 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .- .- it it .. .. It It It . . 39'.'''''''', o .~ . o o . , , .' ~''''''s ~".., Exhibit B AttacbthenUs i i Cliff A. Simental, P.L.S. - Mr. Simental will serve as principal in charge on this project. He is the Southern i California regional manager and a senior vice president with DEA. He is a licensed professional land ! surveyor registered in California with over 30 years of surveying experience including topographic, 'boundary, control, construction, ALT A, cadastral and GPS surveying. Mr. Simental is responsible for the overall coordination and administration of the surveying services required on each project, including the field 'personnel. He is committed to providing high quality, leading-edge surveying services. He has worked on various types of projects including on-call surveying contracts for Caltrans, SANBAG, and the U.S. Army Corps of Engineers. r"j TEA!'j' {\/~ ~.;;; Jayme Tarbert, P.L.S. - Mr. Tarbert is a project surveyor. He has over 33 years of experience in the surveying field originally starting his career with the Idaho Department of Transportation. He has provided a variety of surveying services over the years including construction, topography, boundary, ALT A. GPS, control, cadastral and design surveying. Additionally, Mr. Tarbert served as the chief project surveyor on various roadway rehabilitation projects. Jerry C. Woodrow, P.L.S. - Mr. Woodrow is a certified party chief. He has over 31 years of experience in ,the survey field. He has worked on a variety of projects including the seven Oaks Dam project, transportation projects, and large pipeline projects. He is experienced in all aspects of land surveying including construction, boundary, topographic, aerial control, topographic, and GPS surveying. He is also adept in computing and analyzing survey field data. 1Nicholas J.D. Lewis, P.L.S. - Mr. Lewis is a party chief with over 23 years field experience in the survey !industry. His practical field survey experience includes light rail, dams, tunnels, freeway, bridges, Ilandfills, and residential tract projects. His experience covers ALTA surveys, highway design and layout, iestablishing control, topographic surveys, aerial targets, boundary staking field calculations, grid grades. ;construction staking, subsidence monitoring and as-built surveys. 'Oliver O. Rocha, L.S.I.T.. Mr. Rocha is a party chief with over 18 years of experience in the field of land 'surveying. He has been involved with numerous survey projects consisting of construction, ALT A, route 'surveys, topographic, boundary. and GPS surveying and a variety of projects including highways, :roadways, and site development. iJose Alcantara, L.S.I.T.. Mr. Alcantara is a survey technician. His experience in the surveying field ; encompasses more than 8 years. He is very familiar with and has performed AL T A. topographic, iboundary, control, construction surveys. He has also performed final mapping and CAD drafting tasks for iALTA, topographic, and boundary surveys. , ::':'F!CE 'TE..I.\~,i l\iE.fV:'; <:, , Lisa Henstridge, P.L.S. - Ms. Henstridge will lead the GPS survey elements of this project. She is a project 'manager, project surveyor, and geodesist. As a specialist in geodesy, GPS and survey data management, ! her responsibilities included network adjustments, field to finish data management utilizing various CAD i platforms, analysis of survey data, preparation of land title descriptions and exhibits, right-of-way engineering, and the preparation of maps, title documents, reports, and project exhibits. Ryan Versteeg, P.L.S. - Mr. Versteeg serve as the lead survey analyst. He is a professional land surveyor ,with over 9 years of experience in this field. His experience includes oversight and direction of team . members for several large projects, mostly in the transportation market sector. His experience includes 'boundary calculations, easement calculations, ALT A surveys, design surveys, records of survey, and field ~ - . 2006-375 .m~^ . . . . . . . . . . . It It It It It It It It It It . . . . . . . . . . . . . . . . ~,..,.""<" o . ". o o . . . .' ~'""h)O .' Exhibit B ~fatb1dent;}) data processing. He has been responsible for writing legal descriptions and providing drafting assistance on various exhibits. His computer software knowledge includes StarNet, Geodimeter Tools, Microstation, Bentley inRoads, and AutoCAD. Brian MacLellan, P.E. - Mr. MacLellan will assist with the survey analysis. He is a California registered civil engineer with over 19 years of experience in the engineering and surveying fields. He has been instrumental in the preparation of tract maps, parcel maps, and subdivision/improvements plans for a number of large undeveloped areas in Southern California. He has also been responsible for providing coordinates for field crews. He has been involved in ALTA, topographic, and boundary surveys and has an extensive background in boundary analysis. Karina Garza, E.I.T. - Ms. Garza will assist with the survey analysis. She is a survey analyst and has the necessary experience and expertise to make precise survey measurements; interpret legal descriptions of real property; and interpret the less difficult survey calculations. She applies and utilizes the principles of the California Coordinate System; performs research, analysis, checking and adjustment of survey data. She also performs research and compiles evidence and documentation for boundary determination; assists in the planning, direction and coordination the work of a group of survey and right-of-way engineering personnel. She has been responsible for mapping and drafting; analyzing situations accurately and taking effective action; preparing clear and concise reports and correspondence; writing property descriptions and preparing legal land documents and descriptions. Tim Garcia, L.S.I.T. - Mr. Garcia will assist with the survey analysis. He is a project surveyor, GPS survey analyst, and associate with DEA. Over the past 18 years, he has gained diverse survey experience, including boundary analysis, construction staking, right-of-way monumentation, ALTA, and topographic surveys. He is also very familiar with agency standards from the work he has performed on a variety of agency projects. John A. Colgrove. Mr. Colgrove will perform CAD design. He is a survey CAD technician. He has over 5 years of experience in the engineering and surveying fields and is adept in the skills of Microstation, AutoCAD and Map Info. He has been responsible for providing CAD drafting services on street improvement plans, topographic maps, sewer plans, water plans, bridge plans, and grading plans. Mr. Colgrove also has tremendous experience in providing plans for a variety of agency projects. ,",~__"'__.______ "_____.~_,_"_._. ~~"...._~_._. ._______..__".._,,___.__.m.__..n.".___.__._._.~__.....___..____._..__._~~.._.,,_~~______..__ " . if . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Q"""""" " '. . .. g , , .'" ,." ~';O. }o" Exhibit B i\,t~~~~l\tt, v....,~~,. . ,~'""'.....,'_. Appendix A: Firm Information J . ---.-----.-----.-~-----.. _n ____m~_._._____ ____.__.._.._.__...__._ u._.______.___. ISince 1976, David Evans and Associates, Inc. (DEA) has been providing multi- ldisciplinary design services to clients in the public and private sectors, ;. I d' ilOC U 109: ,. Architecture :. Civil Engineering i. Landscape Architecture :. Land Surveying ,. GPS Surveying ;. Land Planning ,. Environmental Planning :. Structural Engineering . Telecommunications Engineering . GIS Mapping . Right of Way Acquisition . Natural Resource Management . Transportation Planning/ Engineering/Design . Environmental Engineering . Construction Management . OUALlTY MANAGEMENT :DEA has an aggressive, firmwide quality management (QM) program. To ;maintain a consistently high level of quality, DEA: '. designates a professional staff member as central contact for each client to ensure that the client's needs are met . organizes OM committees in each office to identify issues, develop recommendations, and implement solutions !. establishes a quality and control program based on Corporate standards and training, office processes and documentation, and projecl specific quality control plans DEA Statistics: . Over 1,000 personnel in 22 offices . Located in California, Arizona, Colorado, Idaho, Oregon, New York and Washington . No. 78, ENR (Engineering News Record) Top 500 Design Firms . No. 47, ENR Top 100 "Pure Designers" in the nation . Founding member of GDA (Global Design Alliance), a national consortium of prominent U.S. architecture and engineering firms ! COMMITMENT TO TECHNOLOGY 'DEA is committed to using the most powerful, advanced graphics and mapping systems, including: . Microstation . Inlergraph InRoads . AutoCAD . ARC/INFO GIS . GPS . L1SCADD i Flt,j.ANC:jAL lNFORj\lATION DEA is a corporation organized under the laws of the state of Oregon. Our federal identification number is 193-0661195. From its inception on April I, 1976, DEA has grown to include 123 stockholders. Current :financing in addition to stockholder equity consists of accounts receivable from 401 SW Fifth Avenue, iPortland, Oregon 97204. DEA's contact is Richard Pickwick, (503) 225-1753, For 2005, DEA's business ivolume reached $117.1 million. I I I i lNSURAj\J :;\C;E 'Umits ~ehensive General Liability :Automobile Liability iW orkmen' s Comprehensive Insurance/Employer's Liability '(Umbrella covers over $500.000 in California) ,Professional Liability Insurance $2,000,000 $1,000,000 $ 500,000 $5,000,000 , ilnsurance ComDanv Names :Continental Casualty Insurance :Kemper National Allent and Phone Number Bruce Oleszczek (503) 306-2809 I I L_________.___.___ ____.._______.____ _____________.._._______._.____ __.._ W 'Mr. Larry Gonzales, City 01 MQreno VallE'} A~nlial FiS:ilirfacing Program. Moreno Valley 'P.E. (909) 413-3136 DEA is providing monumentperpetuation services and construction staking surveys to the city of Moreno ,~iW of Moreno jValley on their annual roadway resurfacing program for 2004-2005. DEA staff is responsible for the , 1:1 ~r Fredrick Street,jresearch of existing monuments, referencing the found monumentation, and providing pr~-construction '. Moreno Valley CA lcorner records to the RiversIde County Surveyor's office standards. Followmg constructIOn, DEA IS It 92552 ' Iresponsible for replacing monuments that have been disturbed or destroyed during the construction. DEA , lis responsible for re-establishing the monument position with the pre-construction tie notes, set the new ,monument, and file a post construction comer record with the Riverside County Surveyor's Office. , , iG/~~'!~/;; ',_ ." , d IOn behalf of Caltrop Engineering, who was under contract with the city of Ontario, DEA provided iconstruction surveying services for this grade separation project. DEA provided a variety of services on 'this project including bridge construction, shoo-fly construction, utility construction, street improvements, [parking lot construction, final monumentation and filing the required record of survey utilizing Caltrans (standards and methodologies. The project separated the grade of Grove Avenue from the Union Pacific .tracks to allow for continuous and uninterrupted vehicular traffic flow. . 2006-375 . . . . . . San Bernar !DO . . . . . . . " " " . [It Mr. Glen Scott " (909) 395-2025 " City of Ontario " 303 East 'B" Street, "Ontario, CA 91764 " " " . " . 'Mr. Tom Melendrez ,(909) 395-2025 .. City of Ontario '303 East "B" Street, t Ontario, CA 91764 , It It , t 39"'''''''', .. '. , ~ .. ..~, .,,,~ "'''_\0 Exhibit B n A~t%4!~~@llll}s c~~)!~1l_3: Pr~jec:!..~XIl!riell~e I iDEA has organized an experienced group of individuals for the required services that will provide the City ;with a responsive, technically competent, and efficient team. DEA is proud to present a strong team with jthe knowledge, experience, and enthusiasm to achieve your goals and to incorporate the participation of :our staff at key points on the projects. iDEA provides construction and design surveying services on a daily basis and can assist the City on a !variety of projects. We have the ability to field 14 fully-equipped field crews and have ample survey ;office personnel to provide the required support services. We pride ourselves on being particularly adept at design surveys in part because of our use of state-of-the-art theodolites and data collection systems. As ,a part of our Total Quality Management efforts, we have developed a uniform set of data collection codes that are used by all survey personnel with DEA. Furthermore, DEA is one of the top ranked firms in 'Southern California to provide construction surveying services. This is indicated in the amount of repeat :business that DEA receives from clients such as the city of Ontario, the city of Moreno Valley, the city of Pasadena, Caltrans, San Bernardino Associated Governments, Riverside County Transportation Commissions, Metropolitan Water District, and the County of Los Angeles to name a few. This section highlights projects which have been performed by DEA surveyors over the last few years. DEA has over 25 years of experience in providing surveying services on a variety of projects for numerous :public sector clients. I~'j '0' . !t;; Y 0r -nzaf10; i I I DEA is currently under contract with the city of Ontario to provide land surveying services. The services being provided on this contract consist of, but are not limited to, topographic surveying, control surveys, design surveys, field-to-finish mapping, construction surveys, boundary surveys, GPS surveying, 3D laser scanning, right of way engineering and mapping, title searches, ALTA surveys, and special studies. Some of our current task orders under this contract are to provide monumentation perpetuation services for the city of Ontario's resurfacing program. DEA surveyors have filed in excess of 50 comer records with the county of San Bernardino for this iproject DBA is also providing design surveys for street and alley reconstruction project and construction istaking for various street improvement projects throughout the city of Ontario. " .. 2006-375 .. .Mr. Keith Kramer .(909) 350-6644 City of Fontana - (Ioepartment of Public Works -623 Orange Way, Wontana, CA 92336 .. .. . 'r. Darren Kettle .909) 884-8276 ~irector of Freeway ""l.:onstruction .,an Bernardino . Associated 1tG0vemments .1170 West3rd . Street, 2nd Floor "an Bernardino, CA 1tl241 0-1715 IMr. Carlos Zamano, ~.E. (909) 413-3130 Cily of Moreno ....alley .14177 Fredrick Street, .. Moreno Valley, CA 192552-0805 , , 1---..--.--------- iF' - . ! ontana 1\{;.'fh:lWay Secij'jCi:S '. i ~ ' Exhibit B .~~tll.cblJ,l~qs [DEA has been working to improve several vital transportation corridors throughout the city of Fontana for ',the last 2 years. As part of an on-call contract, DEA surveyors have performed design, construction, and ,monument perpetuation services for roadway rehabilitation projects. This contract is ongoing and, due to 'our successful performance, DEA is already discussing future transportation improvements to come. 'Some of these projects include: ~\ "I::: 'i Ta<,'L 'Yf;::,n,-:",i:=)" A",,;,:-:,.;-:;, l"" ':; ~d.c:.( ;\;' " i>::"'::;~)'ts Design and Construction Surveys d. Design Survey Design Survey Construction Survey Design and Construction Surveys Design and Construction Surveys Design and Construction Surveys Design Survey Design and Construction Surveys Design Survey Design Survey Design Survey Design and Construction Surveys Design Survey :~ : !/"-"-' --<'. -~, :DEA was recently awarded a contract by San Bernardino Associated Governments (SANBAG) to provide :construction surveying services on the 1-215 5th Street Overcrossing project. The project is an early ibridge contract that will replace the existing bridge over the 1-215 and adjacent railroad. It is a vital link in Ithe overall 1-215 Freeway improvement plan and will relieve traffic congestion while minimizing ienvironmental impacts to the surrounding communities. DEA recently provided the city of Moreno Valley with construction surveying services for the improvements to Veteran's Way (previously Newhope Street), Alessandro Boulevard and Calle San Juan De Los Lagos. The project involved the construction of the new roadway and the reconstruction of existing pavement. It also involves the installation of sewer, water, curb and gutter, storm drain, catch basins, and electrical and traffic signal improvements. . DEA also provided pre-construction comer record information for ithe survey monuments with the project limits and was also responsible for producing a record of survey 'when the project was complete. " 'Mr. Dan Rix ~626) 7444267 ;LeQ.': 8i'- ,Cily of Pasadena [For the past 10 years, DEA and DEA staff have prepared legal descriptions and plat maps and have - lOON. Gartield Ave. [provided plan check services on behalf of the City of Pasadena. DEA engineers and land surveyors have "asadena, CA 91109 ;provided checking of the tract and parcel maps. ~.:~i~~J.~~;':' :~E~i~ ~:~~:tly providing integrated engineering, surveying, and landscape architecture design services '4~'9~0 ~dland ~ s ifor Miles A venue between Washington Street to the new bridge north of Hwy. III (approximately 5,000 'ndian Well~~C~ r. 'feet of roadw~y) in the. city of Indian Wel.ls. Improvements wjll include widening the roadway, providing ,92210 ilandscaped raised medians, and parkway Improvements. It It .. . .'.,:C:;", ,-, ,~~ '.-~.,--n '-";!'n'-'t"JF:n~~ ~,.o...."., , .~ . ;, ~ , . .' ~'~.3~ 10.' H.:ic,;" ':. (:S?- /\ './ >S' ~ ~_, "'; . ~,;~1 n');:r':, ;',1 '-)" <:';l' ': r~' (~;; i-.:),"JU":! _ [j(;j P.:UGi" :j-2155th Overcro~_:;;sln9- San B;;rn~~rdjn;) 2006-375 . . ""'~ . ...... . : SaI BerRar 100 . . . ! · ~~~~~:~7~jfhi i~~~ .~:~ b~:~ contrac~ed by the County of Los Angeles, Department of Public Works (as part of their . Los Angeles IAccelerated Road Construction Project), to provide civil engineering and surveying design services on this . County, Department iproject The project invol ves the resurfacing, reconstruction and/or widening of 19 streets in the vicinity of Public Works lor intersecting with Eastman A venue in an unincorporated portion of Los Angeles County. Five of the I~:~' Fr~~ont :ve., Istreets required overlay, while seven streets required the addition of curb and gutter. Initially, DEA 1 CA 9~~3 am ra, [provided the County with a complete design survey, cross sections, and aerial base mapping for the entire :project site. DEA will also provide full plan and profile street improvement plans. Design services on this 1 jproject also involve compliance with ADA standards. The total length of the project is approximately 114,500 lineal feet . 1~,t'lr~R '')''11'. t.';'....t~,...Y>+..1~h.f\ Ai-\~"" '.)~, MS.AndreaNieto~ ~... ~ ~ '...t ';;;.':1H'o;.:~,~.;l \.' V\'.J1, ,~. ( ';l"j" 1 Spinks IDEA is currently providing mainline construction surveying services on . (909) 875-6029 X212 iSegments 9-11 for the construction of this new freeway in San . San Bernardino IBernardino County. DEA also provided construction surveying . Associated Iservices on segments 1-5 & 7 which are now open to commuter traffic. . Governments [The segments are located in five cities - Upland, Rancho Cucamonga, 472 . Arrowhead Ave. land Fontana, Rialto and San Bernardino. DEA surveyors are providing . San Bernardino, CA iconstruction staking for bridge structures, clover and diamond-type .92401 !interchanges, soundwalls, grading, and various channels. DEA has also . Iprovided staking for detour roads, which are helping to facilitate surface street traffic during the [construction of the freeway. The westerly end of project ties into the 1-210 currently being constructed by . iCaltrans District 7, making coordination between Caltrans District 7 & 8 a vital part of this project The . leasterly end of this project will transition into the existing Route 30 Freeway in San Bernardino. . " . . . . . " " " it it lit it it It . Exhibit B Attachment 1 '9 ;:'up::o~'" '-';;":";,1 .:') [-~ i I , , , ! Mr. Chuck Peer, P.L.S. (626) 458-5144 County of Los Angeles 900 S. Fremont Ave. Alhambra, CA 91803 Los .A.ngelfJs County, As-Needed SU;\t::ing From 2002-2004, DEA provided a variety of surveying services for the county of Los Angeles, Department of Public Works. Services provided by DEA during this time involved design surveys for street rehabilitation projects and design surveys at detention and court facilities. J. 39'....""., . .~ '. o o . , .'" ,.. ~.,"t ,0. i i I ~ 1IDlT r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2006-375 Exhibit B Attachment 1 PROPOSER'S CERTIFICATION FOR ON-CALL SURVEYING SUPPORT The undersigned hereby certifies that I am an officer of the firm submitting the attached proposal and that I am authorized to submit said proposal on behalf of my firm. I hereby bind my firm to this proposal and state the following (if submitting a proposal): This offer shall remain valid for 90 days from the RFP close date; and All terms and conditions as set forth in this RFP shall apply to this offer; and In signing this offer, I warrant that all certifications and documents requested herein are attached and properly completed and signed; and I certify that I have received all addenda as indicated below and have incorporated the addenda in the attached proposal. Verification of Addenda Received Addendum No: Addendum No: Addendum No: Received on: Received on: Received on: Proposal Attached: Yes X No . If No, Ple~sesign, date, provide company information and explain reason for not submitting in remarks below. Authorized Signature: ~~.2"\,,~,.:..,. . . > Print Signer's Name and Title: Bernard J. Mclnally Vice President I Survey Discipline Director Date Signed: September 15. 2006 Company Name & Address: David Evans and Associates. Inc. 800 North Haven Avenue. Suite 300 Ontario. CA 91764 Phone: (909) 481-5750 Fax: (909) 481-5757 Remarks: Page 2 of 13 . 2006-375 " Exhibit B Attachment 2 D:..',\I 1'"",].5: Schedule of Hourly Billing Rates Rates Effective through June 30, 2007 Principal $185.00 Project Manager $155.00 Professional Engineer $145.00 Professional Land Surveyor $145.00 Professional Landscape Architect $135.00 Professional Architect $135.00 Professional Planner $135.00 Civil Designer $125.00 Survey Analyst $130.00 Landscape Designer $105.00 Land/Environmental Planner $105.00 CADD Designer $105.00 CADD Drafter $90.00 Clerical $70.00 Note: Authorized overtime will be charged at 1.5 times the above rate. 2-Person Survey Crew $225.00 $285.00 3-Person Survey Crew Note: Per union agreement, there is a 4, 6 and 8-hour minimum charge for field survey work. Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. 800 North Haven Avenue, Suite 300 Ontario, Califomia 91764 909.481.5750 fax 909.481.5757 7000 I 702~C2CO\lll1~R ardillO Re9 sa,lI,:3e;;007 '4:04~";~~\O ~~~llS o . 9'9&\1" ~ccouot. \la I allce $ I startlo9 Receipt ~al idatlOll ~GeS- 00.00 ~'OOO430' . _ ~I I otner~________----- ,,7" IIUS \ lI_~S:___---------- $.......&0.00 --;;b-total r.. ""'. ,......... ,....-.- ...... .' .,.., ."'. ., ::'.'?>~;':' .:~~_ ::;"'''::;:~''_<;_~ _: ,-;:".; - :';:'-':~";""'::;:'/)':->.::: ~':';;' - ;.:.:t~,,~.t<;' -.--', " - .-...... '.. . &0.00 \ m[1l!:~~~@@ .... ..,vvt p~~l\E1l1- , _ ,,06\1 . \lot" ill9 due $ .............0.00 $" CITY OF SA DEVELOPM~~[RNAKOINO DEPAATM~~~VICES ;';t[~~~~i~~~~(~~~~~i~~)JI." ;.:- ", .... . ",' ., .", " ."~ .'.. -'" . ,'- , '~_ .'~1..~~~--1jt~';/:~.":.~~~~;i-':~:~i4-;Ji1:.~t!~~!iJ~~ ~~ ~....~r.:~~~~v:~~'.;:.~~~~~~~~;il;-'~..;,~~k-' .;....~ "'. ~~%~......~ '''-*'.t_.~...~~'':..~...,-,.~ ~",r'~" :<..~.A~~ ........ . ..:-t~~':~~...~-:"'~"'.;~~--:?f3.'':-''''~. .~, '~~~4~: .~,~!,~";~/;. ~~_'~ .~~;..:t1fi.~'f.j}~~~".'.~,,~..~~:~~ht::},.j~s~~~:-=t.! .. . _:,~ ..;.....~ .... ~~.'~k'''~~;."':-::'~~ -.~,;~' . '~~;/:',:...::..- ,.,.":~).~~,:.-.-J..~ " ',' , JRN-02-2007 15:13 RON RISK of OR 503 2950923 r'. ~~/~'( .'il.-V/'"l:U ,., l;t:K 11t-Il;A It: Ut- L1AI:SILlI Y IN::SUKAN~~ ...........\.................., 112107 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc. of Oregon ONLY AND CONl'ERS NO RIGHTS UPON THE CERTIFICATE 1211 SWSIl1,tI600 HOLDER THIS CERTIFICATE oaES NOT AMEND. EXTEND OR Portland, OR 97204 ALTER THE COVERAGE AFfORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE I Pho.. No: S03-306-2"6 Belly WCIlhermUl PIX No. S03-29S-lm3 INSURED INSURER A: Travelers Prollertv CasuallY Ins Co ! David Evans and Associates Inc INSURER B' i 709 NW Wall Street Ii 02 lNSU~IR c: I Bend, OR 97701-2744 I'NSU""~ D: I'NSURER e: I GES l1'IE POLICIES OF INSURANCE L~~_O...!'!,~.~ ':f!\~~~ ~U... I U ,n. ~ ~!"ID ABOVIf FOR lllE POLICY PERIOD INDICA!.':D. NOTWITI1$TANDING \ ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTMCT Oil OTHIIl DOCUM!NT WITH IlESPECT TO W"ICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSUIlANCI AF'OIlD!I) BY TH! POUC~~ D~~~,=,'::~ERElN IS SUBJE(;T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC" POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED Y PIIID S. ~ co p,",,,,y EFF.CTIV. POLICY IRAMNr LTR OF I"'URANC~ ...."CY.. ..... 'DATE D.o.... L'MITS A ~NElW.L 63022601078 1211/06 12/1/07 .......""""IUlEN.. 1 ,000 OC~ ..' K ~MMEMIAL GENeRAL LWlItUTY FIRE. OAMACJIi (Nrf one In) 300,000 I C....... MAll. ~ OCCUR ""'eJU"M-poroon, 1 0,000 X Stop Gap UabOity PERSONAL 10 ADV INJURY 1,000,000 IGi NERAl _E"" PER' E""TE 2.000,000 -, "OlleY fXll'ROJECT n lOC PRODUCTS - AGG 2,000.000 A AUTOMOIIILE UMIUT' 81022601078 12/1/06 12/1107 COMBINED SINGLE: LNrT 1,000,0(" X __0 (Ea_) - .11.1. OWNED AUTOS 8C01L Y INJU~ l?or pIROI1, - SCHEOULEO AUTOS SiXfIl.Y INJURY (P,,_I) J X HIRED AUTOS ?~OI'ERTY D~ I X N_EDAUTOS (PwRlicart) """""" LWIILITT NJHJ onLY - EAACClDENT - -_AUTO Or_ THAN EAI\OCIDENT - AlITO ONLY: AGGREGATE "'CESS L""LITY EACH OCCUlVlEHCE - OCCUMl!NCE o CLAIMS MADE I AGGAE"".. , - i DfOUCTI8LE , - IlEWIT1DN S WORKERS COMPENSATION AND I WCSTATU-sl IOl'K- EMPLOYERS' LIABIUTY TORY LIMITS I!:" II. ~H .o.cCIllEHT a DISEAllE - EA EMPLOYEE a DISEASe. POLlCY LIMIT I OTHER LIMIT - . , INLAND MARINE DEDUCTIBLE " ""SCII ~\IIHI LU""",' _ID.,. INDO_~HTI SPECIAL ITEMS 16130107. Contract 12006-375. The City of Sen Bernardino and its elected and appointed boards, officers, agent!;, i1nd employees are included as additional insureds with raspect to this subject project and contract w~h City Coveraae is Drimarv & non-contribUtorv, CERTIFICATE HOLDER I I =- IN.UIWl: IN...... A CANCELLATION NAME 'ADORESS SHO ; DEl5CIIISeD POUCIEl5 BE CANCELLED BEFORE THE I City of 5an Bernardino, Development EXPIRATION cATE THEReOF.1Me ISSUING COMPANY WIll MA" Services Department, Public WorkslEngineering ..,JLOAYS _ITTEN NOTICE TO THE CERTIFICATE HOLDER NAMeD TO THE LEFT. Attn: Mike Grubbs 300 North '0" Street San Bernardino, CA 92418..0001 I>JJ ~EPRESENTATlVE Botly l Woothennan I ~~fY\IVL-> . ACORD 2~ 7/9 ~,-, i ( 7) (!lACORa CORPORATION 1988 JAN-02-2007 15:18 AON RISK of OR ~~~ ~~~~~~~ ~.~~,u, '. , . Po.l icy #63022.6D1078 COMMERCIAL GENERAL UABIUTY THIS ENDORSIMBNT CHANGES THE POUCY. PLEA8E READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) . ThI8 endorsement modIIIee lhauraflCfl provided under the foRowfng: . COMMERCIAL GENERAL UABIUTY COVERAGE PARr COMMERCIAL ~ENERAL UASIUTY - CONTRACTORS COVERAGE PART 1. WHO IS AN INSUReD - (Seotlon II) Ie amended q) This In~UI1lnce does not apply to "boclBy In- to. /ndUde Q/ly pereon or organlzallon YOU .are reo: Jury" or . "property damage" ClIIJaed by "your qul~ to Inoluda as en lIcJall10nellneurad on this work" Incll,lded In lI1e "prodllcl8-cornp1eted Policy by · wrIItan contract or wrIIten II/ll1lement DPerllllona haurd" \lI'llesa you ll(e required to In Oct during lhIs poIIoy period 'and sJgned ~d provld" such COV8l'llll8 for the ilIdlllonel In- .lIDClUt8d by you 'plIor to 11:1' Ion for wf1Ioh cover- suted by II WJltten OQnlraot ..or written a~ ~Il'" lJOught. The person or org8lllzallon does ment In effect dUring tl1hI poley pelfocl and hot qlI8Itry 88 anacklftlonallneured with respect 10 algned end exeGUted by YOU prior' to 'lhe ioN lhlillndeplllJdsnl acts or omle8lone or aU1lh person for WI1lch covel'llge Ie BOughl and 1I18n onlY or Qrganlz4don. Th. perean or orglll1lzallon la for the Perfod of tfme req\Jlr1ld by such coo-. 0Ii1y an addlllOllllllnllllred with l'1!8pect 10 nllblllty tract or a9re~t end In I1Q &Yant beyond caueed by "your work" for that addlllonel 1naur9d. . the explraUon date of. the peRcy. 2. The In~ ptoV\dlld to the llddlllonel.lnsurad 3. Subpart (f){ElI) of the Pollu1ion exckl6klD.IlmGllP"-'" ~ UmIl8dll. fclIowIJ: P/ngraph 2... Exclllelol1ll of Bodily Injury and _ . a) Jl'l-lRe 9Vsnllhatthe Urillte of Dabmtyatatad In '/>rQperty Damage Ullblllty Covel'llge.<S9!l!fon.l- . Il1e poley axceeclll1e IlinIt8 d labnlty required CoverElgN) !foes not lIPPIy to .you If the "bodily. ,_ by II wrftten oontract or wrtllen lQrMIlleril In Injury" or "property dll/Tlllllll' a~aeS out of "your efI'eclt durlng thla poIIoy parlod and 81Qned llIlcI WOf1(" p9tfonned on ll/'8mIses which are ownactor executed by yOu prfor to the 1088 for whk:h rented by the addlllonllllneur'1llf at tI1a time "Your cioveraae " 8OUQht. thll In8urance Pl'OVfcItd work" 'S performed.' -. b)' this andorIemtnt "'iii' be IImltad ta the 4.. Arrt cov~. provIdad by this endora~ 10 lII'I IIm1la 01 llIbIII\t rtqIl!racl by eu<lh conlrllot or additional Insured eIltJl be 8XOllI8 OV$I' lII\y other llllI'MI\'Itnt. "". endorallll18lll Ihllll not In- valid lIlllf colledlble Inat.hMa. avllllellle to the <n-.lhellmllll atlteclln Section III - LIMITS additional InIlUl'll</ WI1elher pRnery. txOe88, con- OF IN$URANCE. tlngent or on any olh", b88Ie 1IIllll88 a Written b) Th. IIlI1.lI'8n08 pI'OVIded to the '-onll 'n- cannot or wrttten llQnlement In eIf80t durtng thle 8III'ecI <10M not IPJlIy to "bodRy Injury", "prop. policy parIod and algntd and exeoutad by you . erty ~", ~/ltrtOI'IlIIl/jIy' or "lIClYerhlng prior to the Ioee for whIoh' coverage Ie BOUght '''ury'' llIIaIng OUld an 1IRlhIlect'.. anul"""s epecJtlcally reqqm lI'!at 111I, lnetnnoe IP\lIY on a or lUIVeyOr'al'lfldarlno of or flllwa 10 render primery or non.coolrlbut<n' batt.. When thIt In. . lIlY P/llfeea/onar aervloaa Including: 8IlI'Il'lCII Is prmll/Y BIld there'll oll'!er lnIurenoe I TIlt . If . flY,nabla to the adcnaOlllI 1n8uted from any . pr.pe ng, approving or lalUng to SOUI'C8, we WiD ah&re wlllllhat other lnsur&nce by prepar. or approve mapa, shop drawings, the method deecrlbeclln the policy opinion., ,.porta, 1l\IIV8Y', nald or411'8. . change ord8l'l, or dl'llwtnga and speollJ.. 5. As II oondlUon of ooYel'8ge, .aot! add/donal oeUonlj Ind Insured mUel: II. Suptrvllory or 'ntpeotlon aollvltle. per. a.) GNe UB prompt wrlttan notioe of any "oocur- Iormlld II PWl of .ny rellled ercl1llaclUl1ll renoe" or offen.e WhIch mey teeullln e claim <<' englnllrfng IOGVlU.., . . and prompt written I'IOU08 of "aull", Oct DI 48 1002 Copyright. The rrtYeI....lnclemnlty Campeny, ~002 Pig. 1 of 2 JAN-02-2007 15:18 AON RISK of OR COMMERCIAl GIN!IW. UABIUTY b.) lmmedJallly foIwIrd .. I8aII PIP'" to UI, GCIOpII'Ite In lhf InrU.,,1lIcIn or 118111ement cI th, oI8Jm 01' cWenM aaIInet th, "8UIt," end . oIheIwIse oornpJy with policy concIlIOna. ' c.} Tender the def8nI, IIl1d Inclelmlty cI any clelm or ".uJt" to .ny other II'lIUI'W 'M1Ioh 1110 In8urt8 &gll/~t . low we 00V8I' under 1h/8 en<foreement. ThI. !ndudes, but 18 not Ilmllld to, . eny Inturer whk:h h.. 188U8d B policy of In8Ul'llnce In whId1 the additional lnaured qualllllNl lIB an Insured. For purposes of this " _ ,'J ,': , .. ':' . . ...... ,., ... '.. .'. .- , " :.. .. ", P,g12 01 2 503 ~~~~~~~ ~,~q/~( requirement, the term burea IQRIn8l" ",fe,. 10 fIlIJ MIf.Ineurance 8n<l'Io eny InIlnr whIdI' I8Md . poley d InIUlMC8 ~ Il:IIY Jll'OYIdi OOVfll'lg8 101' the 1088, regardeaa of whelher the adcUonaJ InIlJl'8d huI aC\ueJJy requ88led thet thlllnelnr provide the llddI1fonellh8urtd with a dllfen8e and/or indemnity under !hill polll;y of Insurance. . d.) Agree to make avel/able any other Insuranoe- that the ~dclQonal fnlUtUd haa for II 108s we cx:NW under this endorsement. . -'. .. 1_.-, Copyright, The TrlW".... IndllTll\lty CornPIllY I 2002 CG D2 48 10 02 r- .i!iiij . ill I .. .. . II I - '- JRN-02-2007 15:25 RON RISK of OR I., j ~~5 ~~~~~~~ I.~~/~r ~, POlicy #63022601078 f j COMMERCIAL GENERAL LIAB/LITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endarsement madilies insurance provlCled under the follawlng: COMMERCIAL GENERAL LIABILITY COVERAGE PARt PROVISIONS b. The "persanal injury' or "advertising injury" for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sougllt arises out of an of- (Seellon IV). Paragraph 4. (Other Insurance). is fense committed amended as follows: subsequent ta the signing and execution 01 the! 1. The fOllawing Is added ta Paragraph e. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However. if you specifically agree In a written con. cess Insurance regarding any other primary in-' tract .or written agreement that the insurance pro- surance available to yau is Cleleled. vlded 1.0 an additional insured under this 3. The follawlng is added to Paragraph b. Exces$ Coverage Part must apply on a primary basis, .or Insurance, as an additional subparagraph under a primary and non-contributory basis. this 'nsur. Subparagraph (1): ance is primary to other Insurance thai is avail- That is avaHable 10 Ihe insured when the insured able 10 suoh additional insured Which eover!l such is added as an additional insured under any other additional insured as a named insured, and we policy, inclUding any umbrella or excess pOlicy. will nol share with that other insurance, provided thai: a. The "bodily injury'" or, "proplirty damage' for Which coverage is sought occurs; and CO DO 37 04 01 COPYright 2005 The St. Paul Travelers Companies, Inc. All I1gllts reserved. Page 1 of 1 JAN-02-2007 15:26 AON RISK of OR ;:>~,J ~='''''''-'....Jc.....J I ............... - .......... .....--.- ....-- - --.'.- - -- --- - - -- - . ~ODUCER THIS (;I;RTltlCATE IS ISSUED ASA MATTER OF lNFORMATIO' Aon Risk Services, Inc. of Oregon ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATF 1211 SWS"',#600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXE;C-. portland, OR 97204-3799 !\I. TER THE COVEAAGE AFFORDED BY THE POLICIES BE! -. COMPANIES AFFORDING COVERAGE Phone No: 503-306-2856 Be1ly W..1hcnnon Fax No. 503-295-0923 I 0 IINllUIlER A: Lexinaton Insurance Comoanv David Evens and Associates Ine I INSURER 8: 709 1m Wall Street, #102 INSURER c: <- Berid, OR 97701-2744 INSURill D: I~RiR E; ES TH L 1~"~I'''''C;!,l,ISTE.D eELOW HAVE 8eEN ISSUED NAMED ABOVE FOR THE POLICY PE~IOD INDICATED. NOlWmlSTANDlNG ANY IIEQUIIIEMENT, TEIIM all CONDmON OF AllY CONTRACT Oft OTIIIR DOCUMENT WITl1 Re6PECTTO WHICH THIS CEl\TI'ICATE MAY BE ISSUED OR MAY ~EIlTAlN, THE INSU=I~:ORDED BY THE POLICIES Des~!~D HI!IlIIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POL IES. LIMITS SH N Y HI( REDUCED BY PAID C IMS. CO I'OUCV w ~." I ~~lCnFFt'CTl\lli I'O~~ ....ION LTR 1YI'E. Of INSURANU !>ATE IlATO 'IoWIODNYl LIMITS . ""N EACH OCCUfll:PU5~CE - COMM.RC.... G.NERAI. LIAll~11Y FIAE DAMAGE (My one tl/'e) I ClAIM$MADE o OCCUR MEDflI/'(Anyll!1l_) PeRSONAL. NJV INJURY 1oENl!1W. ACGR<....TO ,NIT .....on PER GENERAL AGGREGATE h POLICY n PRQ.lECT n LOC P~OOOCT5 - C"",-""'" AGG ....TOM""~ LlA8lllT't COMBINED SINGLE UMJT -- I- ANY AUTO IE. A_' I- AU. OWNED AUTOS IODII.Y flJURY <Pw peAQI1) I- SCHEDULED _os 8ODIL'( INJURY (Per 8CClden!) - HIRED AUTOS I PROPEIII:TY DAMAGE. - l'O/OoOWNID AUTOS (P.r~rc) GAAAGE L.lAI~11Y AUTO ONLY - fA ACCIDENT ., - _AUlO OTHER THAN EA ACCIDENT - AUTO ONLY: AGGREGATE. EXClES$ UAIIILITY J - OCCURR.NCE o CLAIMS MADE AGGREGATe - ! MDUCll1i".e - _noN S - CC)~....N$AIII,JW AND I ~~~ATU. sl 10TH- IMPL.OYERS' LIABilITY TO LIMITS ER EL EACM AC~De;NT I Il 01_1 . EA EMf'LOYEE I ELOIS E - POLICY lJoIrr , , A OTHER 1156505 12/1/06 12/1/07 Per Claim $I,OOO,OC' BreIs &0 I.... ... A..,r""ale $ J ,000,00(; I 00"" .11'TlON O. TIONS/"VrAIOl<lllEl<ClUSIONS ENOQKSEMI!NTIIlPEOIA1. IT.... 16/30107. Contract #2006-37S. I CERTIFICATE "oLDeR I I ~~rw.IN........:........... 6 TlON .-. I NAM6 & ADDRESS SHOUUl.~NY_OF VI! DesCRIBED POLICIES BE CANCelLeD BEFORE TH" c City of San Bernardino, Development EXPIRATION DATE THI!IlI!OF. 111E ISSUING COMPANY WILL MAil Services Department, Public Works/Engineering ..1L.DAYS WRlTTEN NOTice TO THE CERTlFICA TE HOLDEII NAMED TO THE LEFT. I Alln: Mike Grubbs 300 North "0" Street San BemardinD, CA 92418-0001 "'UTHu,,~ED IlEPRESENTATlVE IeIIy L W.._n ~~rf\4.I4J f ACORD 2o-l> "'"n v.-_ 1 eACORD CORPORATION .0. JRN-02-2007 15:26 RON RISK of OR 50:S ,,':I~~':I"~ t" . ~'(. v' ' Jivl:lrl'U ,., ~t:K 11t"'I~A I t:. Vt" L.IAtslL.11 T INO::>UKAN'-'t:. 1/2107 PRODUCER THIS C!!~FICATE IS ISSUED AS A MATTER OF INFORMA'i '" Alln Risk Services, Inc. of Oregon ONt Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1211 SIN 5", #600 . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR i Portland, OR 97204 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOIN COMPANIE8 AFFO"DING COVERAGE Phone No: S03-306-2&56 Betty WolllhmnaD PIX No. 'O3-29~ I IlNllllllP A: Travelers Prooertv & CasuallY Ins Co '1 David Evens end Associe. Inc jlIlSUIIIII.: 709 NW Wall Street #1 02 IINSUII~R 0: I Bend, OR 97701.2744 IINSURe" 0: IHSUIIEII E: ~ . '!liE POllCI OF INSURANCE aN IIlSUI" I~ '!,~ !~~RW F~!l.nlE POUCY PERIOD INDICA TED. NO'l'Nl'rnSTANDI~,. " ANY REQUI_ENT, TERM OR CONDITION OF ANY CONTllACT 011 Onllll DOCUMENT WITH IIESPICT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY I PERTAIN. THE INSURANCE AFFORDED BY nlE POUCIES, ~~~E~, HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POlICIES. LIMITS SHOWN MAY HAVE BE! BY A C S. g',. P~~Y T U TION I TYPE OF INSURANCE Eft DATE LIMITS "II' EACH OCCURRetCE - COWMtRCw.. GENI!AAL llA8R..f'N FIRI ONMGE (.'nr....!!ol '. o OCCUIII. ,,' 1 CLAIMS ~E :-roEO.... (.'nr.... pononl HRSONAL II NJV INJURY . "GENIIW. AGG...GAT! UMIT "'I'lI!S ...: .. GfNERAL AOGREllATE I -, POlICY n PROJECT n LOC PRODUCTS. CQMPJOP AGG I "" IOMOaIl.E l.I.QI~1TT COUltlNEP $INGl.i L.IMIT -Nf'fAUTO (e. AocIaenI) - ALL OWNED AUTOS BOOll Y INJURY (PII' pIfIOn) >- SCtEDULW AUTOS .01)11. Y INJURV tPer o<<iid,"*) f- HIKf.D AUTOS j PROPERTY DAMAGE I I- NON-OWNED AI1TOS (PDtaccidOnt) '" OAGE l....OLITT -AUto ONLY. iA ACCIUENT I-Nf'fAUTO 0-'" TH.... eA ACCIOINT - - AUTO ONL y~ '. At;GREGATl; A Il\Ol" UAJI\ITT CUP226D1078 12/1/06 12/1/07 -EACH ",,~UIV<<ft',;E 1.000,000 ~ OCCURftENCE o CI.ANS MADE AGGRE""" 1 ,000,000 ~ oEDUCnI5L~ I- ftE'\'ENtlON . $10,000 A COMP!,,~' ION ANU 2280074006 5/1/06 511/07 X I we.TATU'.1 10,.,. EMPLOveftS' UABlllTY TORYlIMITS ER EL EACH ACClDfNT 500" ' 1;1- DISeASE. leA EMPL.OYEE 500,000 I III DISEASE. PO'-lCY UMIT 500,000 OTt<ER l DESCJItII'T1ON all ~MTIONSJLOC,I,noNSI VIt1tcLEHXCLUSION& ADOED BY ENDOftSEMENT,.Sjli~CIAL ". Excess Liability extends over employers liability. 16130107, Contract #2006-375. CERTIFICATE HOLDER I 1_n:I~I".."'c,,.INIIU_ 6 CANCELLATION . LZTTU: NAME & ADD~~'''' I ~~YLD ANY OF THE ABOVE DESCRIBEO POUCIES BE CANC~LLED BEFORE THE !. City of San Bernardino, Development EXPIRATION DATI THEIIEOF. THE ISSUING COMpANY Will MAlL Services Department, Public WorkslEngineering ..JLJlAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT , Attn: Mike Grubbs 300 North '0' Street I SlIn Ilemardino, CA 92418-0001 AUTHOIIIZID IlEPRESENTATlVE IlelIyLWnlhormo" ..~ ~~fY\4.IAJ ACORD Z~ \1'(97) ~CORDCORPORAnON1~8 TOTRL P.07 ",' 2006-375 EXHIBIT C AGREEMENT FOR ON-CALL SURVEYING SERVICES THIS AGREEMENT is made and entered into this 6th day of November 2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and Associated Engineers, Inc. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the on-call surveYIng 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. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Contractor shall furnish on-call surveying services to City in accordance with Attachment 1 "Scope of Services" and the Contractor's proposal dated September 18, 2006, attached and incorporated herein. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warrantv. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California emploYJllent laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair emploYJllent and emploYJllent practices; workers' compensation insurance and safety in emploYJllent; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. '-:i:\ Puhlk' \Vllrk~\, T~F(~;\'~\2006 All\ll.l)ti.Gh\Agn'~'mcnl '(villi BonaJiman Din-'ill l:~\'Jn:; & i\<;'SiX'iClkJ fur \.JP Sun-t'Y Si'fVicl'<;\Agfl'I'lnClll - i\S<'(h,'j,ltl'd [:\1;)11l>I']"'.;, Inc' ASSl~ciat('d Agreement On-(':dll Surveving Servin's 11-06-(hd\K 1 2006-375 EXHIBIT C Consultant shall indemnitY 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. 104. 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 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. Dutv of Lovalty/Conflict of Interest: The Consultant understands and agrees that as the City's on-call surveying consultant, Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such services in accordance with Attachment 2 "Schedule of Rates effective September I, 2006", attached and incorporated herein, subject to an aggregate limit of $130,000 together with other consultants performing on-call surveying support. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant performing the additional 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 2006-375 EXHIBIT C 2.3. Method of Billing. Consultant may submit invoices to City's Managing Engineer for approval on a progress basis, but no more often than 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 Managing Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Managing Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable 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 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. i"-q 3 2006-375 EXHIBIT C 4.3. Comoensation. 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 Scooe 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. 4 2006-375 EXHIBIT C 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, aod 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 insuraoce: "Any other insuraoce maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insuraoce. Consultant shall provide to City certificates of insurance showing the insuraoce 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 aoy 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 appurtenaot 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 aod agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Managing Engineer to work 5 2006-375 EXHIBIT C directly with Consultant in the performance of this Agreement. Consultant shall designate a Contract Inspector( s) who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Contract Inspector( s) shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Ms. April Morris, President & CEO Associated Engineers, Inc. 311 E. Shelby Street Ontario, CA 91764-4872 Fax: (909) 941-0891 Tel: (909) 980-1982 IF TO CITY: Valerie C. Ross Director of Development Services 300 North "D" Street San Bernardino, CA 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. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6 2006-375 EXHIBIT C 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way oflimitation, 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. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order ofthe Court. 7 I 1 2006-375 EXHIBIT C 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Emplovment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the 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 Party 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 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 8 2006-375 EXHIBIT C event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is 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. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. 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 III 9 I 2006-375 EXHIBIT C AGREEMENT FOR ON-CALL SURVEYING SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation, CONSULTANT Associated Engineers, Inc. ~~ trick . Morris, a BY~ Ignature Af,1z",J ht JH60'/~ -?~, Name and Title Approved as to form: James F. Penman, City Attorney By ,. .1'- 10 2006-375 Exhibit C Attachment 1 CITY OF SAN BERNARDINO PUBLIC WORKS ON-CALL SURVEYING SUPPORT SCOPE OF SERVICES The work shal1 consist of, but is not limited to, the Consultant providing a "Survey Party" which shal1 perform construction staking, right-of-way surveying, intersection monumentation and ties, recovery and/or restoration of monuments, topographic surveying, etc. as directed by the Field Engineer. The City wil1 obtain al1 necessary permits from outside agencies. However, the Survey Party will be required to perform al1 necessary coordination with outside agencies, utilities, and other City Departments, including traffic control, as it relates to the surveying for the work. Before accepting an assignment, Consultant shal1 notify the City in writing if the use of a three- person party wil1 be required to accomplish the work. Otherwise, payment will only be authorized at the two-person Survey Party at the prevailing wage rate. Consultant shal1 provide al1 necessary equipment and materials for satisfactory performance of the work by Survey Party. This equipment shal1 include, but is not limited to, a suitably equipped survey truck in excel1ent operating condition, high visibility safety vests and hard hats, traffic cones and warning devices, commonly used equipment for surveying, such as data col1ector, transit, levels, rods, chains, etc., calculators, cel1ular telephone, smal1 measuring devices, pens, pencils, paper and other survey related equipment and materials. AI1 equipment supplied to the Survey Party by Consultant shal1 be operated and maintained at no additional expense to the City. AI1 safety equipment and workplace attire worn by the Survey Party shal1 conform to OSHA regulations. The Consultant shal1 provide al1 office support for Survey Party, including, but not limited to, computer, clerical, message center, accounting, equipment maintenance, etc. Traffic control necessary for safety of the Survey Party and the traveling public shal1 be the responsibility of the Survey Party, unless otherwise authorized in writing by the City Engineer. Survey Party shal1 maintain a close liaison with the Field Engineer at al1 times while the work is proceeding. Consultant shal1 provide a 2-person or 3-person Survey Party, as appropriate, subject to approval of the Field Engineer. The Survey Party shal1 work under the supervISIon of a Licensed Land Surveyor or Civil Engineer licensed to practice surveying in the State of California. The duration of the Contract with the selected firm shal1 be one-year with a provision for an admmlstrative extension of one additional year, subject to agreement of both parties. The total cost of this project wil1 not exceed $130,000 in any fiscal year. Survey notes shal1 be provided in hard copy and in electronic format suitable for export to AutoCAD format (dwg). s: Puhlic \\lIrks',RH "\'S2ll{j(, .\II-,j 1-06-0h'Agn::l'llwl\t with fJol1:Jdim:11l David f\'<lrh S A~S()CiJted I'm UP Survey SClV:CCS,s':\l[H;' nrSenic('s SU],\(;~iin!! SLlOjlO]t_(l\!<' 2006-375 Exhibit C Attachment 1 Associated ~ineers,lnc. 3311 E. SHELBY STREET, ONTARIO, CA 91764 CONSULTING CIVIL ENGINEERS (909) 980-1982 FAX (909) 941-0891 September 18,2006 Mr, Michael Grubbs, P.E. CITY OF SAN BERNARDINO Public Works Division 300 North "D" Street, 3'" floor San Bernardino, CA 92418 Re: Request for Proposal to Provide Professional Civil Engineering Services for On-Call Surveying Support Dear Mr. Grubbs: In accordance with your Request for Proposal, Associated Engineers is pleased to submit four (4) copies of our proposal to provide On-Call Surveying Support sSrvices for the above-mentioned RFP, Mr. Jim Imbiorski, PLS, will be our Project Manager and will be in charge of Quality Control. He brings 43 years of experience, providing surveying and municipal engineering services. Mr. Randy Mayer, PLS, will be our Chief of Surveys, and brings 22 years of surveying experience. Mr. Imbiorski will be the City's point of contact through the remainder of the selection process and can be reached at 3311 E. Shelby Street, Ontario, California, telephone number, 909.980.1982 or by email atiimi@assoc-eng.com. We have the credentials, experience and resources to provide outstanding support to the City of San Bernardino's staff for this project. As requested in your RFP, we have included our hourly rate schedule in a separate sealed envelope. We have attached the modifications that we would like to include in the Professional Services Agreement. We look forward to the opportunity to discuss our qualifications and our approach to assisting you on your project. If you have any questions l!bout our qualifications, or desire additional information, please do not hesitate to contact me at (909) 980-1982. The Associated Engineers team appreciates the opportunity to provide these services to the City of San Bernardino and we are fully committed to provide all necessary resources to successfully complete those tasks assigned to us. Very truly yours, ASS/jE/Y.GINEERS' INC. W~#~ Apri(M. Morris President PI 17-06 PLANNING DESIGNING SURVEYING O:\PROP\P\2006\P117.06\COYerletter,doc 2006-375 Exhibit C Attachment 1 City of San Bernardino Public Works Division - Development Services Department Request for Proposal - On-Call Surveying Support PROJECT TEAM Associated Engineers will be Prime Consultant on this project with Stewart Geo Technologies supporting our efforts in aerial mapping. Associate Eneineers. Inc.. Associate Engineers, Inc., a California Corporation, engaged in civil engineering, surveying and mapping since 1955. The firm's 57 employees include six (6) Licensed Land Surveyors who specialize in providing design surveys, topographical mapping and Right-of-Way engineering for numerous transportation projects throughout Southern California. Other staff includes nine (9) Registered Civil Engineers, civil designers, CADD operators/ survey/ mapping technicians, and administrative staff who support these services. Projects have included all aspects of civil engineering design, studies, surveys, planning, utility coordination and construction management. Survey capabilities include boundary, topographic, AL T A and utility mapping, aerial control surveys, right-of-way mapping and construction staking. Associated Engineers' clientele include industrial, commercial and residential developers, municipalities, flood control districts, school districts, water agencies, airport and highway authorities, utility companies and various State and Federal agencies. All work provided by Associated Engineers will be performed by or under the direct supervision of a licensed professional qualified to perform land surveying in the State of California. Any established monument of maps requiring a seal and signature will be marked "LS 4430" indicating the license number of James John Imbiorski, who is in "Responsible Charge" ofthe work. Prior to the beginning of any fieldwork, necessary permits will be obtained and a pre-work safety meeting with our staff and Caltrans Permits Department will be held. Stewart Geo Technolol!les. Inc. Stewart Geo Technologies, Inc. (SGT) is a professional services organization dedicated to providing geospatial solutions to agencies and companies engaged in the design, construction and management of public works, infrastructure systems, and the management of natural resources. Structured and equipped to accommodate time-critical and technically demanding projects, SGT supports the missions of its clientele with a broad range of geospatial technologies that encompass photogrammetry, remote sensing, geographic information systems and Internet services. Operating from a 12,000 square foot production facility located in Irvine, CA, Stewart Geo Technologies has extensive experience and resources in the following service areas: O:\pROP\P\2006\P117-06\ASSOCiated Engineers Team,OQC 2006-375 Exhibit C Attachment 1 City of San Bernardino Public Works Division - Development Services Department Request for Proposal - On-Call Surveying Support . . Acquisition of Aerial and Space Imagery . Airborne GPS control . Acquisition and Processing of Remotely-Sensed Terrain Data (LIDAR) . Digital Aerotriangulation . Photogrammetric Extraction of Terrain & Planimetric Data Sets . Digital Orthophotography and Image Processing . Precision Photogrammetric Scanning & Photo Lab Services . CAD and Geographic Information Systems Formerly known as Airborne Systems, Inc., Stewart Geo Technologies' Irvine office is a 25-employee company that has been in business in southern California since 1977. The firm became part of the publicly owned, Fortune 1000 Stewart Information Services Corporation (STC-NYSE) in 1998. Stewart Information Services Corporation has over 7,000 affiliate offices, and annual revenues of approximately $2 Billion (2005). Stewart Geo Technologies also maintains production facilities in Phoenix, AZ and San Antonio, TX. O:\PROP\P\2006\P117-06\ASS(ldated Engineefs Team.DOC 2006-375 Exhibit C Attachment 1 City of San Bernardino Public Works Division- Development Services Department Request for Proposal - On-Call Surveying Support SCOPE OF WORK Surveys and Mapping by Associated Engineers will include horizontal and vertical control, roadway cross-sections, drainage surveys, utility locations, control for geotechnical investigations, property and right-of-way surveys, and preparation oftopographical, record maps and construction surveys. Control Survev and Base Data Review . Coordinate with City of San Bernardino and Design Consultant. . Research of existing maps, records and field notes. . Monument recovery (includes replacement of obliterated monuments from record ties where available). . Survey Control Monument densification: Set additional as needed durable monuments in the project work area to be used for horizontal and vertical control for construction activities. Aerial Topoeraphical Mappine . Determine Mapping Limits . Set Ground Control and Premarks . Perform Aerial Photogrammetry - Calibrated cartographic camera with 6-inch total length lens - Fine grain black and white aerial negative film - Photography will be taken at 1500 feet above mean elevation with average scale of 1:3000 - Digital topographic map compilation - Map scale of I" = 40' with 1 foot contour intervals, respectively - Final contours will be generated from the DTM - Map will adhere to Caltrans cartographic standards and project specifications - Final digital map files will be delivered in DWG and DTM files R;llht-of-Wav Enl!;neer;nl! . Record map research and obtain title reports (provided by others) . Perform landnet surveys to recover all pertinent parcel boundary control monuments . Parcel boundary analysis and calculations . Obtain right-of-way requirements and compute parcel closures and areas. . Prepare legal descriptions Des;l!n Survevs . Provide edge at travelway profiles. . Roadway cross-section and tie-in surveys. . Drainage surveys. . Geotechnical boring location surveys. O:\PROp\p\2006\P117-06\SQpe of worit.ooc 2006-375 Exhibit C Attachment 1 City of San Bernardino Public Works Division- Development Services Department Request for Proposal - On-Call Surveying Support Utilitv Survevs . Research of existing maps, plans and atlases. . Plot all found utilities of record on base sheet. . Field locate utility features for detailed information. - Dip manholes. - Metro Tech locate lines for horizontal and vertical locations. - Pothole if required. . Prepare a composite utility location map of results of survey. - Provide DWG files. - Provide reference color plots of existing utility locations. Construction SurvevinJ! . Attend project startup meeting: Establish methods of communication for project. Project staking formats and reporting procedures. - Prepare project specific Quality Assurance I Quality Control (QAlQC) plan. . Perform pre-contract construction staking as determined by the Resident Engineer. . Furnish stakes and verification of line and grade as requested by the Resident Engineer to assist him and other inspectors in their duties. . Advise Resident Engineer of potential design problems found and make minor adjustments to design as directed by the Resident Engineer. . Keep up to date records of construction surveying activities: - Contractor's staking requests - Cut sheets and staking diagrams - As-staked plan set - Monumentation field notes . Reference existing monumentation both horizontal and vertical control. - Prepare and file Corner Records with the County. . Set staking for Resident Engineer approved requests from Contractor to provide for but not limited to the following construction activities: Perform construction staking including center lines, limits of clearing and grubbing and construction, slopes, saw cuts, edge of pavement, layout lines, drainage structures, curb & gutters, etc. . Provide post-construction surveys and mapping: - As-built conditions where directed by Resident Engineer - Replace cadastral monuments destroyed by construction and file Corner Records with the County. - Set final centerline monuments. - Prepare a Record of Survey. O:\PROP\P\2006\P117-06\SOpe of Work.DOC 2006-375 Exhibit C Attachment 1 City of San Bernardino Professional Civil Engineering Services for On-Call Surveying Support CITY OF SAN BERNARDINO Engineering Manager / Field Engineer Michael Grubbs, P.E. ASSOCIATED ENGINEERS Senior Support;' QC Project Manager Jim Imbiorski, P.L.S. ASSOCIATED ENGINEERS Chief of Survey Randy Mayer, P.L.S. FIELD SURVEY STAFF OFFICE SUPPORT STAFF Associated Engineers, Inc. Associated Engineers, Inc. Party Chiefs Marc Wilson, P.L.S. Mark Noreen, L.S.I.T Phil Lattuce, L.S.I. T Jeff Terry Jim Elliott, P.E., P.L.S. Anthony Placencia 2006-375 Exhibit C Attachment 1 City of San Bernardino Public Works Division - Development Services Department Request for Proposal - On-Call Surveying Support EXPERIENCE Caltrans - District 8, On-Call Surveys, San Bernardino and Riverside Counties, California: Associated Engineers performed on-call surveys for Caltrans District 8. This work included providing construction surveys for 1.5 miles of State Route 395 in Adelanto. Staking activities included referencing of cadastral monuments, staking for the construction of grading, curbs, drainage facilities, traffic signals, and asphalt concrete pavement. Centerline monuments were reset; notes and ties were furnished to Caltrans. Another task performed by Associated Engineers included the staking and monumentation of 19 miles of newly established right-of-way lines along State Route 71 from Los Angeles County to the Riverside County line. South Highland Avenue, Mango to Lytle Creek, Fontana, California: Associated Engineers provided all staking necessary for the construction of the realignment of two miles of existing State Route 30 (Highland Avenue). Staking activities included referencing of cadastral monuments, slope staking, control for relocation of wet and dry utilities, staking for the construction of walls, curbs, drainage facilities and asphalt concrete pavements. All staking activities were performed in accordance with Caltrans' Staking Manual. Our survey staff also assisted the Resident Engineer's staff in checking grades, alignments, staking property boundaries and right -of-way lines, replacing monuments and filing Comer Records. Caltrans "On-Call"- District 59 - Mill Creek Bridge (Widen) and Sidehi/l Viaduct (New), Yucaipa, California: As a sub-consultant, Associated Engineers performed prelintinary investigation bridge field survey services for Mill Creek Bridge widening and New Sidehill Viaduct. The scope of services included locating and checking existing project control, verifying topographical mapping, verifying all utility information, topographic surveys of obscured area under bridge/ locate existing abutments, providing additional topographical information to develop a .25 meter contour interval, confirm grades a edge of deck widening and verifying bridge features and providing creek-bed cross sections (10 each) for hydraulic computation. State Route 30 - Los Angeles County Lin.e to the City of San Bernardino - Segments 1,2,3,4,5,7,10 & 11: Associated Engineers served as a sub-consultant to various Prime Consultants (along this route) to provide various survey and mapping support. This 26-mile project was for the construction of a six lane new freeway from the Los Angeles County Line through the cities of Upland, Rancho Cucamonga, Fontana and Rialto, to the 1-215 in the City of San Bernardino. Associated Engineers was responsible for all design, drainage, bridge, utility and soundwall surveys on Segments 1,2,3, 4,5,7, 10 and II used for the Project Study Report, Project Report and Final Plans, Specifications & Estimates for this project. Working closely with Caltrans District 08 Right-of-Way and Survey Departments, Associated Engineers established a metric centerline. This alignment was used as control for all construction plans and Right-of-Way Maps along the entire 26-mile route. All work product was based on Caltrans provided NAD 83' Horizontal and NA VD '29 Vertical Control and delivered in accordance with Caltrans Survey and Drafting Manuals. Cherry Avenue Roadway and Infrastructure Improvements, The California Speedway, Fontana, California: Associated Engineers performed construction staking, management and inspection for the reconstruction of approximately two miles of Cherry A venue in Fontana, from Interstate 10 to the Metrolink rail line. These improvements were constructed along with other transportation-related infrastructure to support the California Speedway, a $120 million, state-of-the-art auto racing facility. The infrastructure improvements included the construction of four bridges, major drainage facilities, over 6 miles of walls and 25 miles of curb. Staking activities included referencing of cadastral O:\PROP\P\2006\P117-06\experience.OOC 2006-375 Exhibit C Attachment 1 City of San Bernardino Public Works Division - Development Services Department Request for Proposal - On-Call Surveying Support . monuments, slope staking, control for relocation of wet and dry utilities, staking for the construction of walls, curbs, drainage facilities and asphalt concrete pavements. Our survey staff also assisted the Resident Engineer's staff in checking grades, alignments, staking property boundaries and right-of-way lines, replacing monuments and Comer Records. On Call Survey Services 1979 - Present, Rancho Cucamonga, California: Associated Engineers has performed design, right-of-way, monument preservation and construction surveys on over 125 projects since 1979. Examples of construction projects include the South City Storm Drain Master Plan, HaVen Avenue Street Improvements (68 construction projects), Highland A venue Improvements (14 construction projects) and Arrow Route Bridge Replacement. Design surveying services included street cross sections, topography (in both metric and imperial), establishing vertical data, tying and replacing cadestral and street monumentation. We have also prepared legal descriptions and plats for right-of-way acquisition and easements. Super block AuxUiary Parking Lot, San Bernardino, California: Associated Engineers is providing engineering and construction services for a new 350-space parking lot on the south side of3n! Street between Arrowhead and Mountain View in the City of San Bernardino. The job was identified as a "fast-track" project in conjunction with the City of San Bernardino and was done on time and within budget. Milliken Avenue Improvement Project, Ontario, California: Associated Engineers performed construction staking, management and inspection for 1.5 miles of Milliken Avenue from Mission Avenue to Jurupa Avenue. The project consisted of adding two traffic lanes, full-length drainage and sewer improvements, traffic signals and railroad crossing. Staking activities included referencing of cadastral monuments, slope staking, control for relocation of wet and dry utilities, staking for the construction of walls, curbs, drainage facilities and asphalt concrete pavements. All staking activities were performed in accordance with Caltrans' Staking Manual. Our survey staff also assisted the Resident Engineer's staff in checking grades, alignments, staking property boundaries and right-of-way lines, replacing monuments and filing Comer Records. State Route 30, Milliken Avenue to Archibald Avenue, Rancho Cucamonga, California: Associated Engineers provided construction-staking services for a series of four construction projects. These projects consisted of reconstruction, widenings and realignment along Route 30 and Haven Avenue with the installation of signal lights, storm drain, street lighting and median islands. SR-83 Widening / Euclid Avenue, Chino, California: Associated Engineers provided design and construction surveys, roadway, drainage and utility design. This project consisted of adding two traffic lanes, traffic signals at Kimball and Merrill Avenues and full length drainage improvements and utility relocations on 1.5 miles of SR-83. Railroad Canyon Road, Canyon Lake, California: Associated Engineers performed construction staking, management and inspection for the reconstruction of approximately one mile of Railroad Canyon Road, a four-lane divided highway from east of/-l 5 to Canyon Lake. This project included the complete removal and reconstruction of sub-base, base and finish pavements and the reconstruction of super-elevated comers, shoulders, fill and cut slopes as necessary for widening existing pavements. O:\PROP\P\2006\P117-ll6\eXperierla!.OOC 2006-375 r , ASSOCIATED ENGINEERS. INC. Professional Registration - Civil Engineer and Licensed Land Surveyor As of September 2006 I , , , , , '1--.-"-.-.....-..-...-""""--"-. , Project Manager I Quality Control Team j...-......-...-............-.... I Chief of Survey . .-........ ---"-----"..-....-.-.---- [".-..-"""----..-..-.-]""" Project Assignment Name i Year i I . I , i ! , I .---- ---..t'-'"-'-'-'-'-'-'-"'-""-'--'"-'--"-"-I'- i JIm ImblOrskl I I i I ; , "!RiiIidy"Mayer Im.---,_-----..,.............,.......,.-.". I Party Chief I I i Party Chief , ; -- . TMarcwijson 1......._____..._.........................."""__..........................m.... I Party Chief L...,."___._ .........___._,__.,_..._ i Office Support Staff i i-_.....__n__.______.___.___....."......__.__n____________ i Office Support Staff I --........1. ....._m.......____...__.____ I Anthony i Placencia .___L____._._..."_...._._...... O:\PR0P\P\2006\p117..06\USt-PIofessIonilRe;lstratlan.lloc i 19771 1994 ..... --i i , j i 2006 ..-i i i ..--------....j 2002 i ................------.--.......-L 1989 i, 1990 1989 , ; __l...... 1997 ; I _..........1..... Reg. P.L.S. P.L.S. PL.S. .m............ , L.S.I.T i ...... _....m._._....."..... ...._~ L.S.I.T i ..........---t P.E. PL.S. i I m__ -----...~r... L.S.I.T ..00..................._....1 State -~~ "".................. -~--1-. Calif. Number i i i I I ..j i , i , ...........;..... i I .....-t"~... i ! , .............1 Calif. i I i---"--"--- Calif. I 8111 , ; ..........! CaliC- i .........t.. CaliC- CaliC- Calif. ..........J Calif. ' i __._u~...._............. ..._..._. ZL003709 I ...........j. , , ""1 , .......m.........._,,~.+. , , , , i 4430 7024 .........u! I i , ..........-..........--.- 6487 ...._......__.."..._~.~ ..-.......+..-..... ZL005679 : I 43907 6334 Exhibit C Attachment 1 Exp Date 9.30.07 6.30'08J I i ----00... ...m... ..m........ ...- ~u"f 12.31.06 U"r , , I ! , J ! Total .......1 Years of Experien ce , i i 31 i i i .......-......-.-.....~ ....1 22 ......i i u+ I I _.............................._. J~._._ ._'."."..""""_"''''''_ _~ I Mark Noreen ! +"- ................. .. j ! Phil Lattnca i .......--~--~~.---............-...- .L ! Jim Elliott ! i i ! I I , I 19 m......~ , ! i 33 j I I ..........-.u...l.....-.-7.-............; ..............-..----....m...t...-.-...~_...........j 6.30.07 i 27 I 12.31.06 i I -"...J"__"" I 22 2006-375 Exhibit C Attachment 1 PROPOSER'S CERTIFICATION FOR ON-CALL SURVYEING SUPPORT The undersigned hereby certifies that I am an officer of the firm submitting the attached proposal and that I am authorized to submit said proposal on behalf of my firm. I hereby bind my firm to this proposal and state the following (if submitting a proposal): This offer shall remain valid for 90 days from the RFP close date; and In signing this offer, I warrant that all certifications and documents requested herein are attached and properly completed and signed; and I certify that I have received al addenda as indicated below and have incorporated the addenda in the attached proposal. Verification of Addenda Received Addendum No.: Addendum No: Addendum No: Received on: Received on: Received on: Proposal Attached: Yes X No . If No, Please sign, date, provide company information and explain reason for not subm' ting in remarks below. Authorized Signature: Print Signer's Name and Title: April M. Morris President & CEO Date Signed: September 18. 2006 Company Name & Address: . Associated Engineers, Inc. 3311 E. Shelby Street Ontario, CA 91764 Phone: 909.980.1982 Fax: 909.941.0891 Remarks: Page 2 ofl3 O:\PROP\1'I2OO6\PI17-06\1'ropo5c1"'sCatiticatimdoo; 2006-375 Exhibit C Attachment 2 Associated Engineers, Inc. CONSULTING CIVIL ENGINEERS (909) 980-1982 FAX (909) 941-0891 3311 E. SHELBY STREET, ONTARIO, CA 91764-4872 HOURLY RATES (Effective 09.01.2006) FIELD TIME 3-Man Survey Party 2-Man Survey Party $290,00 per hour $222,00 per hour Above schedule is for straight time only. Overtime requested by client will be at 1-112 times the rates shown and Sundays/Holidays at 3 times the rates shown. These hourly rates do not include printing costs, fees paid to Govemmental agencies or other reimbursable expenses. These expenses are billed at cost + 10%. Above schedule subject to change based on annual increases to direct labor rates. PLANNING DESIGNING SURVEYING O:\PROP\P\2006\P079-06\HOURLY RATES 2006.cIoc