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HomeMy WebLinkAbout17-Development Services f1.r.}' ,-'. \!j.~' L l ' --,. , . .'. . . i \l CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing execution of Agreements for Services with Ninyo & Moore, Hilltop Geotechnical, Inc. and Converse Consultants for Geotechnical Investigations and Construction Material Testing. Dept: Development Services Date: September 4, 2008 MCC Date:: October 6, 2008 Synopsis of Previous Council Action: 09/02/03 Approved Request for Proposal (RFP) format use to solicit proposals for future Public Works Projects. 09/02/08 Adopted 5-Year CIP for FY 2008/09 - 2012/13. Recommended Motion: Adopt Resolution. ~()~ Valerie C. Ross Contact person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Reso. & Agreements Ward: All FUNDING REQUIREMENTS: Amount: $300,000 Source: (Acct. No.) Various CIP Projects Acct. Description: Various CIP Projects Council Notes Finance: ~C! Zc:;ot3-3B/ Agenda Item No. ~ (b,lI ,og CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing execution of Agreements for Services with Ninyo & Moore, Hilltop Geotechnical, Inc. and Converse Consultants for Geotechnical Investigations and Construction Material Testing. Background: The Public Works Division of the Development Services Department is responsible for planning and implementing the City's Capital Improvement Program (CIP). This program, in general, consists of design and construction of roads, bridges, buildings, grading, drainage, landscaping, traffic signals, handicap ramps, and other public improvements. From time to time during the design and construction of a project, specialized expertise and services are needed, including soils sampling and analysis, performance of grading observations, soil compaction testing, collection of concrete cylinders for compressive strength testing, collection and testing of asphalt concrete pavement samples, soils borings to 15 feet with appropriate logs, and provision of a geological engineer for consultation with City staff. These services are not available through in-house resources. On June 4, 2008, the Development Services Department released a Request for Proposals (RFP) for Geotechnical Investigations and Construction Material Testing. Copies of the RFP were sent to a total of nine firms that appeared qualified to provide the services. It was also advertised in the Sun Newspaper, posted on the Internet and sent to the San Bernardino Area Chamber of Commerce. On July 7, 2008, a total of six proposals were received. The firms submitting proposals were: . AMEC Earth & Environmental, Inc., Ontario . Converse Consultants, Redlands . Hilltop Geotechnical, Inc., San Bernardino . Koury Engineering & Testing, Inc., Ontario . Leighton & Assoc., Chino . Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Ontario The selection process was completed on August 25, 2008, and consisted of the evaluation by City staff of proposals and interviews with the four firms with the highest rated proposals. The method of evaluation of proposals, interviews and ratings was completed in accordance with the rating system approved by the Mayor and Common Council on September 2,2003. Based on the results of the interviews, three firms were selected whose proposals best meet the needs ofthe City, as follows: 2 CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT - Continued . Ninyo & Moore Geotechnical and Environmental Sciences Consultants of Ontario . Hilltop Geotechnical, Inc. of San Bernardino . Converse Consultants of Redlands Three firms were chosen to give the City a greater degree of flexibility when services are needed. The work will be distributed among the three firms in a manner that best meets the needs of the City. The City has made no guarantee to any of the consultants regarding the amount and/or the dollar value ofthe work they may receive. An agreement for services has been prepared for each of the three firms with their respective proposed fee schedule attached. Staff recommends that the Agreements for Services be executed and that annual purchase orders totaling $300,000 in aggregate be issued to Ninyo & Moore, Hilltop Geotechnical, Inc. and Converse Consultants. The Agreements will be effective upon execution by the parties and will be valid through June 30, 2009. An administration extension of one additional year can be approved with the consent of the parties. Financial Impact: Funds for Geotechnical Investigations and Construction Material Testing are available through each individual project and cost of services is charged back to the particular Capital Improvement Project's budget through the work order number. Recommendation: Adopt Resolution. 3 16 17 18 19 20 21 22 23 24 25 26 27 28 ((Q)fPl[ 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICES WITH THE FIRMS 4 OF NINYO & MOORE, HILL TOP GEOTECHNICAL, INC. AND CONVERSE CONSULTANTS FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION 5 MATERIAL TESTING. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 9 10 11 12 13 SECTION I. Ninyo & Moore, Hilltop Geotechnical, Inc. and Converse Consultants are firms that are competent, experienced, and able to perform requested services and have provided the most advantageous and responsible proposal for Geotechnical Investigations and Construction Material Testing in amounts totaling up to $300,000 in aggregate. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said services to said firms; all other proposals are hereby rejected. The City Manager 14 15 is hereby authorized and directed to execute, on behalf of the City, three Agreements for Geotechnical Investigations and Construction Material Testing; copies of which are attached hereto and incorporated herein as Exhibit A (Hilltop Geotechnical, Inc.), Exhibit B (Ninyo & Moore) and Exhibit C (Converse Consultants). SECTION 2. Said Agreements shall be in effect through June 30, 2009, unless earlier terminated as provided in the Agreements 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. SECTION 3. The authorization to execute the above-referenced Agreements is rescinded, if they are not signed by the parties within sixty (60) days of the passage of this resolution. //1 /f)-6~oB =/:PI} -1- 1 RESOLUTION... AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR SERVICES WITH THE FIRMS OF NINYO & MOORE, 2 HILLTOP GEOTECHNICAL, INC. AND CONVERSE CONSULTANTS FOR 3 GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Conunon Council of the City of San Bernardino at a meeting thereof, held 6 on the , 2008, by the following vote, to wit: day of 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSTAIN ABSENT NAYS AYES Council Members: ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of , 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: - 2- EXHIBIT A AGREEMENT FOR SERVICES FOR ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING THIS AGREEMENT is made and entered into this day of 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and HILL TOP GEOTECHNICAL, INe. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the On-Call Geotechnical Investigation and Construction Material Testing 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- I 092, 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 I. I. Scope of Services. Contractor shall furnish On-Call Geotechnical Investigation and Construction Material Testing to City in accordance with Attachment I "Scope of Services" and the Contractor's proposal dated July 3, 2008, 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 lirnited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation S:\_Public Works\RFCA's\2008 All\10-06-08\Agreement for Geotech Investigations & Construction Material Testing\Hilltop Geotechnical\Hilltop Agreement Geotech and Canstr Material Testing 10-06-08.doc I EXHIBIT A insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnifY and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and 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 Lovaltv/Conflict of Interest: The Consultant understands and agrees that as the City's On-Call Geotechnical Investigation and Construction Material Testing, 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. 1.8.1 Prior to performing any services to City under this Agreement, Consultant shall provide the Development Services Department a written list of the Assessor Parcel Numbers and general location or address of any and all real property located in the City of San Bernardino in which Consultant has any ownership interest, or which is the location of any pending project that is a source of income for Consultant. Consultant shall keep this list current on a montWy basis during the entire term of this Agreement. 1.8.2 Consultant shall not work on any task that is related to any real property that is located within 500 feet of any parcel in which Consultant has any ownership interest or which is the location of any pending project that is a source of income for Consultant. S:\_Public Works\RFCA's\2008 All\ 10-06-08\Agreement for Geotech Investigations & Construction Material Testing\Hilltop L ~echnical\Hilltop Agreement Geolech and Constr Material Testing 10-06-08.doc 2 EXHIBIT A 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 "July 3, 2008", attached and incorporated herein, subject to an aggregate limit of $300,000 in payment for work performed by all consultants performing On-Call Geotechnical Investigation and Construction Material Testing. City shall distribute work among its consultants in a manner that best meets the needs of the City. City makes no guarantee to Consultant regarding the amount and/or the dollar value of the work assigned to Consultant. 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. 2.3. 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 obligation to perform the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date ofthis 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. S:\_Public Works\RFCA's\2008 Al1\ 10-06-08\Agrecment for Geotech Investigations & Construction Material Testing\Hilltop Geotechnical\Hilltop Agreement Geotech and Constr Material Testing lO-06-08.doc 3 EXHIBIT A 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the date approved by the City Manager and continue through June 30, 2009, 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 the prior written 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. 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 ofthis 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 S:\_Public Works\RFCA's\2008 A11\ 10-06-08\ Agreement for Geotech Investigations & Construction Material Testing\Hilltop Geotechnical\Hilltop Agreement Geotech and Constr Material Testing 10-Q6..08.doc 4 EXHIBIT A 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. 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 additional 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, S:\__Public Works\RFCA's\2008 All\ l04J6-08\Agreement for Geotech Investigations & Construction Material Testing\Hilltop Geotechnical\Hilltop Agreement Geotech and Constr Material Testing 10-06-08.doc 5 EXHIBIT A 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 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. Mark Hulett, President Hilltop Geotechnical, Inc. 786 S. Gifford Avenue San Bernardino, CA 92408 Fax: 909-890-9055 Tel: 909-890-9079 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 S:\_Public Works\RFCA's\2008 All\ 10-06-08\ Agreement for Geotech Investigations & Construction Material Testing\Hilltop Geotechnical\Hilltop Agreement Geotech and Constr Material Testing lO-06-08.doc 6 EXHIBIT A 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. 6.8 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. Indeoendent 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 Ownershio 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. S:\_Public Works\ RFCA's\ 2008 All\10-06-08\Agreement for Geotech Investigations & Construction Material Testing\Hilltop Geoteduucal\Hilltop Agreement Geotech and Constr Material Testing 10-06-08.doc 7 EXHIBIT A 6.12. Responsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the 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 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 waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed S:\_Public Works\RFCA's\2008 All\ 10-06-08\ Agreement for Geotech Investigations & Construction Material Testing\Hilltop .technical\H..illtop Agreement Geotech and Constr Material Testing lO-06-08.doc 8 EXHIBIT A 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. Counteroarts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. 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. 6.24 Damages. The Parties agree to waive any rights to incidental or consequential and punitive damages arising out of performance under this Agreement whether the torts or contracts and in law or in equity. III III S:\_Public Works\ RFCA's\ 2008 All\ 10-lJ6-.08\Agreement for Geotech Investigations & Construction Material Testing\Hilltop Geotechnical\Hilltop Agreement Geotech and Canstr Material Testing 10-06-08.doc 9 EXHIBIT A AGREEMENT FOR SERVICES FOR ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation CONSULTANT HILLTOP GEOTECHNICAL, INC. By Lori Sassoon, Acting City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney S:\_Public Works\ RFCA's\ 2008 A11\10-06-08\Agreement for Geotech Investigations & Construction Material Testing\Hilltop Geotechnical\Hilltop Agreement Geotech and Constr Material Testing lO-D6-08.doc 10 I A TT ACHMENT 1 TO EXHIBIT A 1;. ~ r t,; , "'"A I a I I ~ I I a I I I I r ; PROPOSAL & QUALIFICATIONS FOR PUBLIC WORKS ON-CALL GEOTECHNICAL INVESTIGATION. CONSTRUCTION MATERIAL TESTING FOR CITY OF SAN BERNARDINO PROPOSAL NO.: P08087 JULY 3, 2008 SUBMITTED TO: PUBLIC WORKS DIVISION OF THE DEVELOPMENT SERVICES DEPARTMENT CITY OF SAN BERNARDINO 300 North "D" Street. 3'd Floor San Bernardino, CA 92418 PREPARED BY: HILLTOP GEOTECHNICAL. INC. 786 SOUTH GIFFORD AVENUE SAN BERNARDINO, CA 92408 Fit i-i I I 8 I I I I ; I -- I I I I I !Jll I ~ ,~ 786 S GIFFORD AVENUE. SAN BERNARDINO. CALIFORNIA 92408 hilltopg@hgeotech.com . FAX 909.890-9055 . 909-890-9079 HillTOP GEOTECHNICAL INCORPORATED July 3, 2008 City of San Bernardino Public Works Division-Development Services Department 300 North 'D' Street, Third Floor San Bernardino, CA 92418 Proposal P08087 Attention: Mr. Michael Grubbs, P. E., Project Manager Subject: Proposal for Public Works On-Call Geotechnical Investigation and Construction Material Testing Services, City of San Bernardino, California. Reference: Request for Proposals to Provide Professional Services for Public Works On- Call Geotechnical Investigations and Construction Material Testing Services; Prepared by the Public Works Division of the Development Services Department, City of San Bernardino, Dated June 4, 2008. Hilltop Geotechnical, Inc. wishes to thank you for consideration of us to provide you with various geotechnical consulting services that you might require. In accordance with your request, we are pleased to submit this Proposal. Based upon the referenced 'Request for Proposal' it is our understanding that various types of soils, concrete and asphalt testing will be required for various projects within the city. In general, our services will include routine compaction, concrete, asphalt and soil gradation testing and soil borings to 15 feet. Hilltop Geotechnical, Inc. is completely qualified to perform all the services you require. Unit prices for the items you have requested are submitted under a separate cover. We have read and understand the defmitions of what each test includes and have incorporated our costs into these unit prices. HILLTOP GEOTECHNICAL, INC. I ... 1'08087 ,j uly 3, 2008 Page :2 I ~. fi I I I I J I I I I I I I Brief History and Experience... HGI. a California Corporation, is a qualified geotechnical/geologic consulting finn and materials testing laboratOl)'. Originated initially in 1992, our Main Office and Full Service Laboratory is located in San Bernardino, California and has a variety of employees consisting of geologists, engineers, inspectors, soil and concrete field technicians, laboratory technicians, and office staff. HGI currently provides geotechnical/geologic and materials testing services to numerous governmental agencies and developers throughout the Southern California area. Currently, we are working with the Cities of Highland, Redlands, and Loma Linda along with our annual contracts for such services with the City of Riverside, the City of San Bernardino, and the San Bernardino County Special Services District. Additionally, we have provided similar services in tbe recent past, to many other of your neighboring cities and counties such as the County of Riverside, City of Rialto, City of Moreno Valley, City of Big Bear Lake, City of Lake Elsinore, and the City of Colton. HGI currently enjoys our on-going work with the City of San Bernardino-Public Works Depanment, as one of your consultants under a current On-Call Geoteclmical Consultant Services contract. We are hoping to continue our service to the City with this newest proposal opponunity. Recent projects with the City of San Bernardino have included performing compaction testing during various street improvement projects, performing asphalt and concrete coring for pavement evaluation, pavement compaction testing and asphalt laboratory testing as well as special preliminary soil investigations for geotechnical design, slope stability, retaining wall design, distress evaluations and environmental studies. "" HGI has enjoyed additional experience on many other diverse types of projects. Our staff has perfonned numerous studies involving streets and utilities for pipeline studies, pavement analysis, trench wall stability, and rippability studies. We have years of experience in many other types of construction projects such as Commercial, Industrial, Municipal, Residential, and Master Planned Communities: all requiring compaction control for soil, concrete and asphalt inspection services. l I .~ ./\ ,. HILLTOP GEOTECHNICAL, INC. I b POSOS7 July 3. 200S Page 3 I B:l ~ ,_., I I I I I ~ . I I I I B HGI is a State of California "Qualitied Laboratory" by Caltralls. Currently participating in the Cement and Concrete Reference Laboratory (CCRL) Inspection Program, the CCRL Concrete Reference Sample Program, the AASHTO Material Reference Laboratory (AMRL) Laboratory Assessment Program, the AMRL Coarse and Fine Aggregate Reference Sample Program, and the Caltrans Aggregate and Soil Reference Sample Program. HGI is also State of California, Division of the State Architect (DSA) approved to provide geotechnical engineering and construction observation and testing services for public schools and essential buildings. HGI is affiliated with and/or have participated in a number of professional organizations such as the Inland Geological Society, the California Geotechnical Engineering Association, the Building Industry Association (BIA), the Portland Cement Association (PCA), American Concrete Institute (ACI), and the International Conference of Building Officials (ICBO). HGI teclmicians are well tniined and are all currently certified in nuclear gage testing for soil and asphalt testing services as well as ACI certified for all types of concrete testing that would be required. We have performed compaction testing for many types of public works projects for local cities. Projects typically included utility installation, street widening, and paving operations, grading control, concrete inspection, cylinder fabrication, and other miscellaneous inspection services. Many of these projects have been within the Caltrans right-of-way and as such, we are adaptable to either Caltrans or Green Book procedures. HGI is Certified as a local "SBE" or "Small Business Enterprise" by the State of Califomia- DGS; our reference number is #0016652. . Managing Personnel... Principal Geologist- Mark Hulett is president of HGI and is responsible for the overall management and operations of the company. He is a Licensed Engineering Geologist, CEG 1623, with over 25 years of geotechnical experience. Mr. Hulett will provide for all of the managerial duties with each project contract, as well as geologic consulting and analysis. r I HILLTOP GEOTECHNICAL, INC. ~ I .. POS087 July :3, 2008 Page 4 I Project Manager- Donald L. Curran, P.E., will be designated the Licensed Geotechnical Engineer, GE 254, and your Project Manager. Mr. Curran cunently possess over 37 years of geotechnical, construction testing, and project management experience and will be accessible to the Construction Supervisor / Inspector assigned to the project during the life of the COl1lract. ~ I I I I J Mr. Curran has been involved with the geotechnical engineering aspect of many diverse projects. His experience covers a varied range including, highways, parking lots, bridge structures, airport runways, high rise buildings, commercial, industrial, and also single family residential structures. Light industrial experience includes storage tanks, silos, earth dams and embankments, stream channels, stonn drains, sewer lines, and tunnels. I I I I I I Mr. Cunan is also experienced in the testing and design of percolation, sewage disposal and subsurface dewatering systems. Other geoteclmical projects incorporated various types of deep and shallow foundation systems, overexcavation and fill placement, shoring systems, cut and fill slope stability, and pavement design. He is also expetienced in testing and quality control of construction materials including soils, concrete, hot mix asphaltic (HMA) concrete, and structural steel. Donald L. Curran -Project Manager will assume the following functional responsibilities. . Will be the "Responsible Engineer" in charge of the work, and will be available 24- hours per day, 7 days a week. . Review, monitor, and provide general direction for the HGI field and laboratory personnel and the subcontractors. . Administer personal leave and substitution of personnel, subject of approval with the City of San Bernardino, City representative assigned to the project. I . Be available for any scheduled meetings with the City and/or the project Construction Contractor. (Resumes of our principals are included in the appendix.) lI" I HILLTOP GEOTECHNICAL, INC. ~ "'" I ... POSOS7 July 3, 2008 Page 5 I n..,. C~ I I I I rf i<l' Key Personnel- Other key personnel that we anticipate to be assigned to your projects include: Michael Carrillo Tony Norcross Mike Boyd Kevin Beath Senior Supervisory Soils and Materials Field Technician Soils/Materials Field Technician Soil/Materials Field Technician Laboratory Manager Caltrans certifications showing the qualifications of each technician/inspector anticipated to be involved with this contract are attached to this proposaL Our Caltrans Laboratory Certificate is also included. Caltrans approves technicians on a semi-annual basis but will only approve technicians when actively participating in Caltrans projects. Our technicians will be re-approved when an active project is specified. Specific resumes of our key personnel as well as other certifications (CCRL, DSA, etc.) can be provided upon request. I I I I I I ; Outside Services- We anticipate using 2R Drilling Company or GP Drilling Company for any services that require drilling such as the 15 foot borings itemized in your 'Routine Services". We have worked with these companies for many years and have a very good working relationship with each company. With this exception, we do not anticipate the need for any additional outside service. However, if required, professional services, equipment, or tests not provided by HILL TOP GEOTECHNICAL, INC. (HGI) and any unusual items of expense not customarily incurred in our normal operations will be charged at cost plus 15 percent. Any necessary "Outside Services" to be negotiated in advance of provisioning. r References- HGI currently provides geotechnical/geologic and materials testing services to numerous local governmental agencies throughout the Southern California area and currently has yearly contracts for such services with the City of San Bernardino, the City of Riverside, and the San I. I~ '~ HILLTOP GEOTECHNICAL, INC. ~ I b. POSOS, July 3, 2008 Page 6 I ~...'.' ",) " I I I I f(1. ~ I I I I I I I I 1 Bernardino County Special Services District. We are committed to performll1g our services on- time and within the project budget, please feel free to contact them and ask about us. CITY OF SAN BER;'iARDI;\,O--PUBLIC WORKS Project Manager: Robert Sepulveda 300 N. "0" Street, 3'" Floor Phone: 909-384-5167 San Bernardino, CA 92418-0001 ",..,.",.,.....,.",."".,. sepulveda rO(a)sbcitv,or2 COUNTY OF SAN BER1'iARDINO-- SPECIAL DISTRICTS DEPARTMENT 157 W, Fifth Street, Second Floor San Bernardino, CA 92415-0450 ""."""",..""",.", Division Manager: Mr, Jim Oravets Phone: 909-387-5940 i 0 ra vets(a).sdd .sbcountv. 20V CITY OF RIVERSIDE--PUBLIC WORKS 3900 Main Street Construction Contracts: Mr. Sean Gill Phone: 951-826-5889 Riverside, CA 92522 ........................................... ~1I(illriversideca.20v CITY OF RIVERSIDE-UTILITIES .WOO Main Street Senior Design Engineer: Mr. Ernest I'. Marquez Phone: 951-826-5409 Riverside, CA 92522 ...................................... emarQuez{a)riversideca.2ov CITY OF LOMA LINDA 25541 Barton Road City Engineer: Jarb Thaipejr Phone: 909-799-4401 Lorna Linda, CA 92354... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ithaipeir(ii)lomalinda-ca.eov CITY OF REDLANDS Senior Civil Engineer: Mr. Wen Huang 35 Cajon Street, Suite 222 Phone: 909-798-7655 Redlands, CA 92373 ..................................... whuan2({l)citvofredlands.or2 CITY OF HIGHLAND City Manager: Mr. Joe Hughes 27215 Baseline Avenue Phone: 909-864-6861 Highland, CA 92346 ..................................... ihu2hes(ii)citvofhi2hland.ore Specific Services- It is our understanding that HGI acting under the specific authorization of the City of San Bernardino or their authorized representative, will provide a qualified technician for inspection .~ ~ HILLTOP GEOTECHNICAL, INC. I ... POSOS7 July 3, 2008 Page 7 I and testing purposes and evaluation of earthwork materials, processed aggregate materials, concrete and asphalt materials encountered during the construction of the various city Improvement projects. HGI shall also provide laboratory testing services for soil, processed aggregate materials and pavement materials in accordance with the plans and specifications for each project. HGI will also provide an office contact person who will coordinate the scheduling of the tield technician for testing and sampling with the City. ~ I I I I I . I I I I I I For upcoming projects, we anticipate using our present laboratory facilities at 786 South Gifford Avenue, in the City of San Bernardino. Our field technicians will perform the required testing and observation, as requested by the City of San Bernardino, or their authorized representative. At the conclusion of our testing, we will provide the results of our observations and testing in a formal report to the satisfaction of the City. Detailed services for soil, asphalt and concrete are presented below. Soil Testin~ Primary services are anticipated to consist of compaction testing. This testing will be conducted by using either a nuclear gauge and/or sand cone method. Our laboratory will also perform maximum density/optimum moisture content detern11l1ations and/or check point determinations to assure compliance with existing curves. Other laboratory testing such as sieve analysis, R- value determinations and other testing may also be required. Grading observation may also be required on an as-needed basis. All field testing will be reported in a field daily and all tests will be summarized at the completion of each project. Written results of all laboratory tests will be provided. Asohalt Testin!! We propose to provide compaction testing for your paving projects. Asphalt inspection services can also be provided, if requested. In-house laboratory testing services such as asphalt extraction, Hveem and stability testing, specific gravity and/or core density testing can also be provided. Written results of both field and laboratory testing will be submitted upon completion of the project. ~ I Concrete Testin!! Our field services will include fabricating concrete test cylinders (3 cylinders pertest minimum), in accordance with your field inspectors request. We will provide pick-up services, store, cure ji. ..). , HILLTOP GEOTECHNICAL, INC. I ,. POSOS7 July 3. 2008 Page 8 I Clnd test the samples at 3, 7 and 21 days from the date of fabrication, unless specified differently. Additional concrete tests and/or aggregate tests can be provided, upon request. All test results \\ ill be recorded in written format. ~ I II I I ~ . . I I I I I """ Soil Borin~ Upon request, we can perform soil boring(s) at specified locations. Our services will include drilling and logging a 15 foot boring. Undisturbed ring sampling will be conducted at various intervals and blow count information will also be recorded. Written logs that will include soil classification, blow count infonnation, groundwater information (if encountered) and sample locations will be provided. Deeper drilling and specific sampling can also be performed, upon request. These services will include general traffic control and asphalt patch, if necessary. Other Services Special geologic and engineering consulting services can also be provided, upon request. We are qualified to provide many types of studies including detailed geologic studies, fault investigations, foundation studies, pile investigations, distressed investigations, rippability studies, slope stability, shoring analysis, groundwater investigations, retaining wall recommendations, pavement analysis, corrosion studies, and environmental services, etc. HGI's staff have many years of local experience and would be happy to continue to provide consulting services to the city on all geologic and geotechnical subjects. Specialized inspection services such as ICC concrete, masonry, post-tension, and stmctural steel can also be provided. Hilltop Geotechnical Inc. also maintains a full service geotechnical laboratory that specializes in soil, aggregate, concrete and asphalt testing services. Detailed scope of services could be developed with the city, upon request. , . Proposed Costs- Costs for each task is itemized on your 'Price Form' and included in the Appendix. It is understood that the proposed field work will be "Prevailing Wage" work and as such, our rates reflect this. Additionally, it is understood that our field test and concrete test fees will be assessed on a 'per test' basis. All travel time, office time and support staff time will be included in the cost of the test. Additionally, maximum density/optimum moisture determinations will be included in the cost of compaction testing. All laboratory and concrete test results will be I I HILLTOP GEOTECHNICAL, INC. I "" POSOS, July 3, 200S Page 9 I provided (n writing, S01l borings will include obtaining blow count information, soil samples and a written report, However, additional costs will be accrued if significant traffic control in which special signs and !lag men will be necessary, We have read and agree all items included in your definitions of each specific task listed in the RFP. m I ~ I I ~ I I ; I I I I Definition of ResponsibiIity- The presence of our field representatives will be for the purpose of providing observation and field testing. Our work does not include supervision or direction of the acnlal work of the contractor, his employees or agents. The contractor for this project should be so advised. The contractor should also be infoffi1ed that neither the presence of our field representative nor the observation and testing by our firm shall excuse him in any way for defects in his work. It is understood that our firm will not be responsible for job or site safety on this project. Job and site safety will be the sole responsibility of the contractor. Non Discrimination- Hilltop Geotechnical, Inc. does not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Federal Laws and Regulations- All federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to. I Authorization- If this proposal meets with your approval, please authorize our work by signing below and return to this office. We have read the "Draft Agreement" for On-Call Geotechnical Investigation and Constmction Material Testing. We find no exceptions, and we will execute the Agreement, if offered a contract by the City. In addition, Hilltop Geotechnical, Inc. presently carries both general liability and professional liability insurance for all our projects. Certificates !ll' r~ 0,'8' HILLTOP GEOTECHNICAL, INC. I IlIi POSOs., July 3, 2008 Page 10 I ~ I I I I I of Insurance can be provided upon your request. Should the City of San Bernardino submit a contract for work preformed under this proposal, HGI requests that this document be incorporated into such a contract. Hilltop Geotechnical, Inc. looks forward to continuing to provide professional services the City of San Bernardino. Respectfully submitted, HILLTOP GEOTECHNICAL, I~C. ~ Mark Hulett President I ~ I I I I I []\ WITNESS WHEREOF, the undersigned have executed the Agreement as of this day of ,2008. BY: BY: Mark Hulett TITLE: TITLE: President ,. I 5', ;:i HILLTOP GEOTECHNICAL, INC. I ... I ~ I I I I I I I I I I I I ~ ~ 'I ! ~ E g cu .- Q)"C t- ... cu - e e ... 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" -' 5 z x. u ~, a ; ". r ~ :f , , c c c c ro ro ro ro ._ .. '(3 '(3 '(3 .~ E 'c 'c 'c E .....c..c..cu Cll'V u U U Q) Q)Q)Q),-- I-f-f-I-;-r;- ~cn-C~ID .9 ~ 6'E E (JCll t; co () ro ..... u. C. 0 ro >. t:: l/lZQ)EQ) e>.-5E.o c .- 0 0 ~2f-O:: " ,. ~i . .. I llo. I Q I ~ I NOT TRANSFERABLE . MUST HAVE A COLOR BACKGROl:l\"! ,/-.'" .... I ACCOUNT NUMBER 907211 ['.l .~ ".;, ~ DATE PAID 04/25/2008 I QI,l,'}<ER, FIR..\1 OR CORPORA TIO]\; I BUSINESS NAM.E ATIE~'TION MAILING ADDRESS CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE This Business Registration Cmilicale docs 1101 indicale the legal ope"I"uion of this bouine>> al this location Othn approvals by ollleT City depUlmc1l15, sLlch 1/1I Dcvdopmc:nt ScMCes nay be required This emilicale is i$.sued without vtTifieation that the emilieale ;s subject 10 or e:r.erT1'lfromliceruingbylheSllleofCillifomia ~. The BlISincss Owner is tcspol\lible for timely fCTlewl1. Not reeeivinc a renewal nOlice for any reason does not relieve mponsibility for timely payment Ifnot paid within 30 da)'$ ofthe clrpiralion date shown, a 'lW. penalty will be imposed BUSrNESS CLASS: CONSULTANT NOTES: BUSrNESS LOCATION: 786 S GIFFORD AVE EXPIRATION DATE 3/31/2009 MARK E HULETT & DAWN L HULETT HILLTOP GEOTECHNICAL, lNe. MARK HULETT (CEO. PRESIDENT) 786 S GIFFORD AVE SAN BERNARDINO, CA. 92408-2449 Rachel G. Clark ',~ITY Cl ER.r: . POST IN A CONSPICUOUS PLACE. PHOTOCOPIES ARE NarVMlD' .," "P' , I I I ; ~ r !!! J i I STATE OF CAUFORNIA - eUSINESS, TRANSPORTATION AND HOUSiNG AGENCY ARNOLD SCHWARZENEGGER, Gove.'1'lOf "- DEPARTMENT OF TRANSPORTATION District 08 - Malerials Engineering 464 W. Fourth Street. 6th Floor San Bernardino. CA 92401-1400 ~ II G I m CAL TRANS QUALIFIED LABORATORY INSPECTION REPORT Forn, TL-Ot13 (SO"lh,m IA.Ol-06) Expiration date: April 14, 2009 Inspection by: David K. Farden IA No.: 081 Phone: (909) 383-4619 File: Materials Category 500 I I ~ I I Laboratory: Hilltop Geotechnical, Inc Address: 786 South Gifford Avenue City: San Bernardino State: CA Zip: 92408 Lab Manager: Donald L. Curran e-mail: hilllopg@)hgeotech.com Phone #: (909) 890-9079 Fax#: (909) 890-9055 A certified Independent Assurance (IA) Sampler and Tester visited this laboratory on April 14, 2008. Only equipment to be used on Callrans construction projects and/or local construction projects on the National Highway System projects was checked for qualification. At the time of Caltrans Qualification, this laboratory had all necessary equipment to perform the tests methods indicated below. Testing personnel shall be Caltrans Qualified and possess a current Caltrans Certificate of Proficiency Form TL-OIII prior to performing any sampling or testing. CT 105 CT 304 CT 125 CT 308 CT201 CT 375 CT 202 CT 382 CT217 CT 521 CT 226 CT216 CT 231 CT301 I I I I I A visual check was performed and documents provided as necessary for the following items: C2'J Facility Safety Manual ~ Laboratory Procedures Manual C2'J Laboratory Quality Control Manual C2'J Proper Test Equipment C2'J Copies of current applicable test procedures C2'J Calibration and Service Documentation [2J Calibration/Service stickers affixed to test equipment ~ Laboratory Qualification is valid for one year 011 April 14. 200S this laboratory "as qualified by: ~\ 'I 1h '--'1.- , I . . /, I~. .' ;' iLIl(((l(.r,' (:.,rei "C(tr/~ David K. Farden District 81, Independent Assurance '" -1\ I i' I fL+Olll \R.~', ()7.(lOJ ~. I ~ I I I I I I M I I I I I CALIFOR.'i1A DEPARTMENT OF TRANSPORTATION Presents this CERTIFICA TE OF PROFICIENCY to Kevin Beath Hilltop Geotechnical, Inc. who is qualified to peljorm the following tests: 105 Calculations Pertaining to Gradings & SpG 20] Soil & Aggregate Sample Preparation 202 Sieve Analysis of Fine & Coarse Aggregates 216 Relative Compaction. Soils & Aggregates 217 Sand Equivalent 226 Detennination of Moisture Content by Oven Drying 304 Preparation of Bituminous Mixtures for Testing 308 Bulk SpG & WI. Per Cubic Foot, Bituminous Mixture 366 Stabilometer Value 382 Asphalt Content of Bituminous Mixes, Ignition Method EXPIRES February 26, 2008 February 26, 2008 February 26, 2008 February 26, 2008 February 26, 2008 February 26, 2008 February 26, 2008 February 26, 2008 February 26, 2UU8 March 26. 2008 for: Bn/ce Kean. District Afaterials Engineer by: ti~~ftz"rdM\ / David K. Farden Certified Independent Assurance TL-OJ J 1 Issued: 21 May 2007 fA Phone No. : (760) 872-0663 IA Certificate No. : 081 " note: This certlftcate IS valid as long as the Acceplance Tester complies with applicable requirements in Caltrans Indepelldent Assurance Program Manual. ~ I - ".~ ~ I to. I fT.,.., C I ~ II I I ~ I I I I I I i r . I ii TL-Oi l1IR~, 1)-:'-iJl} I '" I ~ I I I I J I . I I I I l'! [I ;1 . I ~ fL.Ulll ,Ro::. U'7-(111) I .... I ~ I I I I ! I I I I I I I l' I ! TI.-0111 iRe\ 0....01)) ( I ~ I I I I g . I I I I I I "" I I lL-l!111 d{~\ 1)'-(;01 t' " ATTACHMENT 2 TO EXHIBIT A 786 S. GIFFORD AVEI'\jUE . SAN BERNARDINO. CALiFORNIA 924CB hilltopg@hgeote(h,com . FAX 909-890.9055 . 909-890-9079 HILLTOP GEOTECHNICAL INCORPORATED July 3, 2008 City of San Bernardino P08087-Fee Schedule Public \Vorks Division-Development Services Department 300 :.1orth 'D' Street, Third Floor San Bernardino, CA 92418 Attention: Mr. Michael Grubbs, P. E., Project Manager Subject: "Schedule of Prices" and our "Schedule of Fees - 2008" to be accompanied with our Proposal for Public Works On-Call Geotechnical Investigation and Construction Material Testing Services, City of San Bernardino, California. Reference: Request for Proposals to Provide Professional Services for Public Works On-Call Geotechnical Investigations and Construction Material Testing Services; Prepared by the Public Works Division of the Development Services Department, City of San Bernardino, Dated June 4, 2008. March 13, 2008 Hilltop Geotechnical, Inc. is pleased to submit your completed "Schedule of Prices" and our 2008 "Schedule of Fees" for Professional Services for On -Call Geotechnical Investigations and Construction Material Testing Services; Materials and Soils Inspection and Testing Services for Public Works Division of the Development Services Department, City of San Bernardino. We anticipate that you will require various soil and/or materials technician/licensed deputy inspection services and laboratory testing services. Hilltop Geotechnical, Inc_ truly looks forward to continue to provide our professional services. If there are any questions after reviewing the enclosed information, please do not hesitate to call me at (909) 890-9079, at your convemence. Respectfully submitted, ILLTOP GEOTECHNICAL, INC. Mark Hulett President .. SCHEDULE OF PRICES ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES July 7, 2008 .. (To be submitted in a sealed envelope separate from proposal documents) The undersigned Proposer, if offered, hereby certifies that it will execute the attached Agreement for Services and accept an annual purchase order effective on the date the Agreement is approved by the Mayor and Common Council and running through June 30, 2009 for Geotechnical Investigations and Construction Material Testing Services for Capital Improvement Projects on an as-needed basis with no guaranteed usage. The undersigned Proposer understands that, if exercised by the City, an optional one- year extension, as provided in the agreement, shall be effective on or about July 1, 2009 and running through June 30, 2010, and that actual option year pricing shall be negotiated with the Proposer prior to exercising of any given option year; however, the option year extension shall not become effective until issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Prices in the spaces provided on Sheet 2 of this Schedule of Prices. Indicate any other incidental or additional Prices required for complying with the Technical Specification requirements in the space provided below. Are there any other additional or incidental prices, which will be required bY{fi!r firm in order to meet the requirements of the Technical Specifications? Yes e or No). If you answered "Yes", please provide details of said additional prices: Traf lC control varies considerablv from olace to place and this cost dops not include flaoman or rental sionaae. This offer shall remain firm for 90 days from RFP closing date. Terms and conditions as set forth in this RFP apply to this submittal. Page 1 of 3 4. Schedule of Prices for On-Call Geotechnical Investigations and Construction Material Testing 07.07.08 Estimated Annual Unit Description Unit Price Total Price 1,000 ea Compaction Testing (1 - 4 per site visit) including curves. 153 153,000 1,000 ea Compaction Testing (5 - 20 per site 128 128,000 visit) including curves. 200 ea Compaction Testing (20+ per site visit) 90 18,000 including curves. 20 set Concrete Cylinders (includes 125 2,500 collection, tests and report) 20 ea Asphalt Extractions 160 3,200 40 ea Asphalt Compaction' 150 6,000 40 ea Soil Gradation/Screen Analysis 100 4,000 500 hr Grading Observation 93 46,500 200 hr Engineering Geological Investigation & 150 30,000 Consulting 40 ea Soil Boring to 15' 150 6,000 40 ea Pavement Bore (Asphalt) 150 6,000 40 ea Concrete Core 150 6,000 I I ITOTAL ESTIMATED ANNUAL COST I I 409,200 I Page 2 of 3 SCHEDULE OF PRICES (Continued) ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES In signing this offer, Proposer warrants that all certifications and documents requested herein are attached and properly completed and signed. ;Jl1t4-- Authorized Signature: Print Signer's Name and Title: Mark Hulett, President Date Signed: Company Name & Address: July 7, 2008 Hilltop Geotechnical, Inc. 786 South Gifford Avenue San Bernardino, CA 92408 Phone: 909-890-9079 Fax: 909-890-9055 Page 3 of 3 rOSOS7. FeeSchedu~ July 3. 2008 Page :\0. I SCHEDULE OF FEES CITY OF SAN BERNARDINO'200B PERSONNEL CHARGES Prevailing Wage Prevailing Wage' Soils & Mat. Technician, per haul' (2 hour min.) .... $89.00 Prevailing Wage - ICBO Deputy Inspector, per hour (4 hour min) . . . . . $92.00 Prevailing \Vage - UltraSonic Inspector, per hour (4 hour min) . . . . . . $102.00 Prevailing Wage - Field Supervisor, per hour. . . . . . . . . . . . . . . . . . . . . $105.00 Non-Prevailing Wage Drafting, per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $62.00 Labor, per hour .............................................. $73.00 Sample Pick'up, per hour . . . . . . . . . . . . . . . . . . . . .. ............... $62.00 \rord Processing / Clerical, per hour ............................. $57.00 Senior Engineer-Certified (GE, CE), per hour. . . . . . . . . . . . . . . . . . . . . $150.00 Field Engineer Non-Certified, per hour. . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 Engineering Geologist-Certified (CEG, RO), per hour .............. $150.00 Geologist Non-Certified, per hour ..................... ........ $120.00 Inspector' ICBO, per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $73.00 Project l\Ianager, per hour .................................... $100.00 Supervisor. pel' hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 Technician - Geologic, pel' haul' ................................. $73.00 Technician' Concrete, Pel' hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $73.00 Technician - Grading, per hour ................................. $73.00 Technician - Senior Grading, per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . $79.00 Technician - l\Ianometer, per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7.1.00 Technician' l\Iaterial, per hour ......................... . . . . . . . . $73.00 Technician - Post Grading. per hour ............................. $73.00 Technician' Office, pel' hour ................................... $79.00 Technician' Sr. Office. per hour. . . . . . . . . . . . . . . . .. .............. $79.00 Outside Drilling. Seismic Survey, or Coring Service. . . . . . . . .. Cost Plus 15% HILLTOP GEOTECHNICAL, INC. . . POROf\.. FL'e Schedule July 3. :2008 Page f\o. 2 SCHEDULE OF FEES CITY OF SAN BERNARDINO'2008 LABORATORY TESTING FEES Soil Testing Chloride Test (CT422), ea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00 Chunk Density & Moisture Content Test (ASTM D1188, D2216), ea .., $25.00 Consolidation Test (ASTM D5333), ea . a) Consolidation - full ................................... $155.00 b) Consolidation - Remold ....................... - . . . . . . . . $40.00 c) Consolidation - Single Point .. _ . . . . . . . . . _ . . . . . . . . . . . . . . . . $80.00 Corrosion Analysis Test (pH, Redox, Min. Resistivity, Sulfide), ea .... $145.00 Direct Shear Test (ASTM D3080) a) Direct Shear - In-Situ, 3 Points ......................... $165.00 b) Direct Shear - Remold, 3 points ......................... $205.00 Expansion Index Test (ASTM D4829), ea ........................ $115.00 _\laximum Dry Density 1 Optimum Moisture Content Test (ASTM D1557, CT216), ea ........................... $140.00 Check Point (ASTM DI557), ea ............................ $40.00 Moisture Content Test (ASTM D2216, CT 226), ea. . . . . . . . . . . . . . . . . . $15.00 Organic Content Test (ASTM D2974), ea ... _ . . . . . . . . . . . . . . . . . . . . . $35.00 Permeability Test, Constant Head (ASTM D2434, CT220), ea ........ Quote Permeability Test, Falling Head (ASTM D5084, CT220), ea .......... Quote Atterberg Limits Test (AST1\! D4318, CT204), ea . . . . . . . . . . . . . . . . . . $120.00 Resistance Value Test (R-Value) of Soil 1 Aggregate Base (ASTM D2844, CT301l, ea .................. $260.00 :\linimum Electrical Resistivity Test, ea ....................... . _ $105.00 Ring Moisture & Density Test (ASTM D2937, D2216), ea .... . . . . . . . . $20.00 Sand Equivalent Test (ASTM D4219, CT217), ea . . . . . . . . . . . . . . . . . . $100.00 Sieve Analysis Test -3/4" to Clay (ASTlI.I D422, CT2021 CT203), ea . . . $195.00 Sieve Analysis Test -3/4" to -#200 (.<\ST;\I D422,CT202), ea . . . . . . _ . . . $100.00 Sieve Analysis Test - #200 (AST~1 D1140), ea ..................... $75.00 Specific Gravity of Soils C\STM D8,54, CT209), ea ................. $150.00 Sulfate Test (CT417), ea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60.00 Turbidity Test. ea ............................................ $25.00 L'nconfined Compression Test of Cohesive Soil (ASTM D2166). ea .. . . . $75.00 Determination of Cement 01' Lime Content in Treated Aggregate Base By Titration :\Iethod (CT338). ea . . . . . . . . . . . . .. Quote HILLTOP GEOTECHNICAL, INC. POSORi. Fee Schedule July 3. :200S Pagp );0.:3 SCHEDULE OF FEES CITY OF SAN BERNARDINO-2008 Concrete I Masonry Testing Cylinder Compression Test, 6"x12" Cylinder, Including Hold Specimens (ASTM C39, CT521), ea . . . . . . . . . . . . . . . . . . . . . $27.00 Core Compression Test, 3" to 6" dia. (ASTM C42, CT521). ea ......... $33.00 Cylinder I Core Trim Charge, ea ................................ $10.00 Grout Sample Compression Test, 3"x3"x6" Specimens, Including Hold Specimens, ea . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . $33.00 Mortar Sample Compression Test, 2"x4" Cylinders, Including Hold Specimens, ea . . . . . . . . . . . . , . . . . . . . , . . . . . . . . . $33.00 Flexural Strength of Concrete Using Simple Beam with Center-Point Loading Test (ASTM C293, CT 523), ea . . . . . . . . . . . $S5.00 Modulus of Rupture, Flexural Strength of Concrete Using Simple Beam with Third'Point Loading (ASTM C7S), ea .............. $S5.00 Split Tensile Test, 6"x12" Cylinder (ASTM C496), ea . . . . . . . . . . . . . . . . $70.00 Compression Strength of Concrete Masonry Unit (CMU) Test (Average of 3 Required by ASTM), ea . . . . . . . . . . . . . . . . . . . . . . . . $60.00 Absorption of Concrete Masonry Unit (CMU) Test (Average of 3 Required by ASTM), ea . . . . . . . . . . . . . . . . . . . . . . . . $30.00 Compressive Strength of Composite Masonry Prism Test up to S"x16", per unit .................................,. $1S0.00 Asphalt Testing Asphalt Content - Ignition Oven, Premixed AC Sample (CT3S2), ea ......................... $125.00 Asphalt Content I Gradation' Ignition Oven, Premixed AC Sample (CT202, CT3S2), ea ..... . . . . . . . . . . . . . . $200.00 Hveem Specific Gravity I Stability Value, Premixed AC Sample (CT30S, CT366), ea ... . . . . . . . . . . . . . . . . $1S0.00 Hveem Stability Value' Premixed AC Sample (CT366), ea . . . . . . . . . . $120.00 Hveem Specific Gravity I Stability Value <Rubberized Asphalt). Premixed AC Sample (CT30S, CT366), ea ... . . . . . . . . . . . . . . . . $210.00 Hveem Stability Value <Rubberized Asphalt) - Premixed AC Sample (CT366), ea ......................... $150.00 Specific Gravity of Hveem or Core Sample - Uncoated (CT30S), ea ..... $45.00 Specific Gravity of Hveem or Core Sample -Coated (CT30S), ea ....... $65.00 .-\sphalt Content in Premixed AC Sample by Vacuum Extraction (CT3G2), ea . . . . . . . . . . . . . . . . . . . . . . . . .. Quote Recommended Optimum Bitumen Content - AC Mix Design (CT367), ea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Quote HILLTOP GEOTECHNICAL, INC. POHUS7. FeeSchedu~ July 3, :W08 Page :\0. .. SCHEDULE OF FEES CITY OF SAN BERNARDINO-2008 Aggregate Testing Specific Gravity and Absorption' Coarse Aggregate (ASTM C127. CT206), ea. . . . . . . . . . . . . . . . . . . . . . . . $110.00 Specific Gravity and Absorption - Fine Aggregate (ASTM C128, CT207), ea . . . . . . . . . . . . . . . . . . . . . . . . $150.00 Sodium or l\Iagnesium Sulfate Soundness Fine 01' Coarse Aggregate (ASTM C88, C214), per sieve size tested. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . $65.00 Los Angeles Abrasion - Small Size Coarse Aggregate (ASTM C131, CT211), ea. . . . . . . . . . . . . . . . . . . . . . . . $220.00 Los Angeles Abrasion - Large Size Coarse Aggregate (ASTM C535, CT211), ea . . . . . . . . . . . . . . . . . . . . . , . . $240.00 Durability Index Fine or Coarse Aggregate (CT229), ea . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $160.00 Potential Reactivity of Aggregate' Chemical Method (ASTM C289), ea ................................ $375.00 Petrographic Examination Fine to Coarse Method (ASTM C295), ea .............................. $1,400.00 Gradation of Aggregates (ASTM C136) (CT202) Fine Aggregate, Dry Sieve, ea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85.00 Fine Aggregate, Washed Sieve, ea ......................... $115,00 Coarse Aggregate, Dry sieve. ea . . . . . . . . . . . . . . . . . . . . . . . . . . . . $85.00 Coarse Aggregate, Washed Sieve, ea ....................... $115.00 Combined Aggregate, Dry Sieve, ea . . . . . . . . . . . . . . . . . . . . . . . . $150.00 Combined Aggregate, Washed sieve, ea . . . . . . . . . . . . . . . . . . . . . $200.00 Material Finer than #200 Sieve(ASTM C1l7), ea ... . . . . . . . . . . . $75.00 Sand Equivalent Test (ASTM D2419) (CT217), ea ................. $105.00 Flat and Elongated Particles (ASTM D4791), ea .................. $200.00 Clay Lumps and Friable Particles L-\ST:l\I C142), ea ............... $100.00 Lightweight Particles C-\STM C123) Coat / Lignite (sp gr = 2.00), ea . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 Chert (sp gr = -2.4), ea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 Organic Impurities in Fine Aggregate C-\STM C40, CT213), ea . . . . . . . . $65.00 Cleanness \"alue (CT227), ea .................................. $160.00 ["nit Weight / Calculated \"oids (Fine / Coarse / I\Iixed Aggregates) C-\STI\/ C29). ea ....................... $140.00 HILLTOP GEOTECHNICAL, INC. PORORI. Fee Schedule July 3. 2008 Page "0. ;) SCHEDULE OF FEES CITY OF SAN BERNARDINO-2008 Aggregate Testing Continued Resistance Value Test (R'Value) of Soil / Aggregate Base Material (ASTM D2844, CT301), ea, , . . ' , , , . . , $260,00 Operation of California Profilograph and Evaluation of Pavement Profiles (CT526), per hr. .,..................,. $250.00 Potential Alkali Reactivity of Cement'Aggregate Combinations (Mortar-Bar Method) (ASTM C227) .....,., . . . ., Quote Potential Volume Charge of Cement. Aggregate Combination (ASTM C342) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Quote Potential Reactivity Rock Cylinder Method (ASTM C586) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .. Quote Length Change Due to Alkali'Carbonate Reactivity (ASTM CH05) ..... . . . . . . . . . . . . . . . . . . . . . . , . . . .. Quote Potential Reactivity Mortar Bar (ASTM C1260) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., Quote Potential Expansion of Aggregates from Hydration (ASTM D4792) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Quote Aggregate Sampling, Staff Geologist / Engineer (Portal to POl'tan, per hour ........... . . . . . . . . . . . . . . , . . . . . $105.00 Mileage, per mile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.50 Sample preparation, packaging, and delivery for shipping for outside services, per hour. . . . . . . . . . . . . $60.00 Registered Geologist / Engineer for Test Result Evaluation, Report Preparation, Consultation, etc., per hour. . . . . . . . . . . .. .$145.00 Reinforcing Steel (ASTM A615) Tensile Test #11 or Smaller, per test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 Bend Test #11 or Smaller, per test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 Tensile Test #12 to #18, per test ................................ Quote Bend Test #12 to #18, per test .................................. Quote Fireproofing Tests Oven Dry Density, per sample ......,.................,......... $55.00 HILLTOP GEOTECHNICAL, INC. P08087. Fee Schedule July 3. :2008 Page :\0. G SCHEDULE OF FEES CITY OF SAN BERNARDINO-2008 FIELD EQUIPMENT CHARGES Concrete Air meter, Pressure or Volumetric, per day. . . . . . . . . . . . . . .. $25.00 Concrete Unit Weight Kit, per day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $25.00 Concrete Core Drill, per day. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $75.00 Pachometer, per day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $25.00 Schmidt Hammer, per day ..................................... $50.00 \,yindsor Probe, per test location 3-Shot Probe Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $60.00 I-Shot Probe Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $25.00 OUTSIDE SERVICES Concrete / Asphalt Cutting / Coring Services ................... Cost + 15% Geotechnical Drilling Services .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost + 15% Seismic Survey ........................................... Cost + 15% Materials Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost + 15% Dozer or Tow Truck. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost + 15% Outside Laboratory Testing Services. . . . . . . . . . . . . . . . . . . . . . . . . . Cost + 15% Rental of Equipment . . . . . . . . . . . . . . . .. ..................... Cost + 15% Shipping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost + 15% MINIMUM CHARGES Engineering Technician ....................................... 2 hours Registered Inspector,7A1\1 to llA!\I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 hours Work past llAlvI or Over 4 Hours ............................... 8 hours Show Up and No Testing or Inspection ............ . . . . . . . . . . . . . . . 2 hours Cancellation onVork After 3:30 pm on previous day ................ 2 hours SHIFT DIFFERENTIAL Second Shift (2Pl\I'12PM) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5.00/hour Third Shift (lOPl\I'8Al\I) .................................... S.OO/hour HILLTOP GEOTECHNICAL, INC. J P080S7. Fee Schedule July 3. :2008 Page :\'0. 7 SCHEDULE OF FEES CITY OF SAN BERNARDINO-200B OVERTIME Overtime at the rate of 1.5 times the applicable hourly rate will be charged for any time in excess of S hours and less than 12 hours in anyone day, l\Ionday through Friday, and time before 6:00 a.m. or after 6:00 p.m. and for Saturday work up to S hours. Work performed in excess of 12 hours on Monday through Friday, in excess of 8 hours on Saturday, and all work on Sundays or Company recognized Holidays will be charged at 2.0 times the applicable hourly rate. COMPANY RECOGNIZED HOLIDAYS New Year's Day Independence Day President's Day Memorial Day Christmas Labor Day \-eteran's Day Thanksgiving Day Day After Thanksgiving RE-ISSUE OF REPORTS Copies of reports in excess of six will be charged at the rate of25~ per sheet copied. One copy of Inspection reports will be left at the project when the inspection is completed. OUTSIDE SERVICES Professional services, equipment, or tests not provided by Hilltop Geotechnical, Inc. and any unusual items of expense not customarily incurred in our normal operations will be charged at cost plus 15 percent. ACTUAL TIME & COSTS INCURRED In accordance with your request. we are pleased to provide you with our Schedule of Fees for your upcoming projects. The cost of our services will be invoiced in accordance with the attached fee schedule utilizing our rates shown in the c'\ppendix and will reflect only t he actual time and costs incurred. HILLTOP GEOTECHNICAL, INC. EXHIBIT B AGREEMENT FOR SERVICES FOR ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING THIS AGREEMENT is made and entered into this day of 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and NINYO & MOORE, INC. ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the On-Call Geotechnical Investigations and Construction Material Testing 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 Geotechnical Investigations and Construction Material Testing to City in accordance with Attachment I "Scope of Services" and the Contractor's proposal dated July 3, 2008, 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 \ \Sierra\DS\_Public Works\RFCA's\2008 All\1O-06-08\Agreement for Geotech Investigations & Construction Material Testing\Ninyo & Moore\Ninyo & Moore Agreement Geotech and Constr Material Testing 10-Q6...08.doc I EXHIBIT B insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and 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 Lovalty/Conflict of Interest: The Consultant understands and agrees that Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 871 00 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 1.8.1 Prior to performing any services to City under this Agreement, Consultant shall provide the Development Services Department a written list of the Assessor Parcel Numbers and general location or address of any and all real property located in the City of San Bernardino in which Consultant has any ownership interest, or which is the location of any pending project that is a source of income for Consultant. Consultant shall keep this list current on a monthly basis during the entire term of this Agreement. 1.8.2 Consultant shall not work on any task that is related to any real property that is located within 500 feet of any parcel in which Consultant has any ownership interest or which is the location of any pending project that is a source of income for Consultant. \ \Sierra\DS\_Public Works\RFCA's\2008 All \ 10-06-08\ Agreement for Geotech Investigations & Construction Material Testing\Ninyo & Moore\Ninyo & Moore Agreement Geotech and Constr Material Testing 1O-06-08.doc 2 EXHIBIT B . 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such on-call services in accordance with Attachment 2 "Fee proposal dated July 3, 2008", attached and incorporated herein, subject to an aggregate limit of $300,000 in payment for work performed by all consultants performing On-Call Geotechnical Investigations and Construction Material Testing. City shall distribute work among its consultants in a manner that best meets the needs of the City. City makes no guarantee to Consultant regarding the amount and/or the dollar value of the work assigned to Consultant. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the Scope of Services 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. 2.3. 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 obligation to perform the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date ofthis 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. \ \Sierra\DS\_Public Works\RFCA's\2008 All \ lO-06-OR\Agreement for Geotech Investigations & Construction Material Testing\Nmyo & Moore\Ninyo & Moore Agreement Geotech and Constr Material Testing 10-06-08.doc 3 EXHIBIT B 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2009, 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 the prior written 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. 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 \ \Sierra\D5\_Public Works\RFCA's\2008 AI1\ 10-06-08\ Agreement for Geotech Investigations & Construction Material Testing\Ninyo & Moore\Ninyo & Moore Agreement Geotech and Constr Material Testing l0-06-08.doc 4 EXHIBIT B 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. 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 additional insureds with respect to this 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, \ \Sierra\DS\_Public Works\RFCA's\2008 All\ lO-06-08\Agreernent for Geotech Investigations & Construction Material Testing\Ninyo & Moore\Ninyo & Moore Agreement Geotecn and Constr Material Testing 10-06-08.doc 5 EXHIBIT B 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 directly with Consultant in the performance ofthis 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. lalal Vakili, Ph.D., P.E. Principal Engineer Ninyo & Moore, Inc. 11650 Mission Park Drive, Suite !OI Rancho Cucamonga, CA 91730 Fax: 909-758-5966 Tel: 909-758-5960 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 connection with that litigation shall be considered as "attorneys' fees" for the purposes of this Agreement. 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 \ \Sierra\DS\_Public Works\RFCA's\2008 A11\1O-06-08\Agreement for Geotech Investigations & Construction Material Testing\Ninyo & Moore\Ninyo & Moore Agreement Geotech and Constr Material Testing 10-06-08.doc 6 EXHIBIT B 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. 6.8 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, causes of action, 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 its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payrolJ 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, shalJ be and remain the sole property of City. Consultant agrees that any such documents or information shalJ not be made available to any individual or organization without the prior consent of City. Any use by the City of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shalJ 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 \ \Sierra\DS\_Public Works\RFCA's\2008 All\ ]0-()6..()8\Agreement for Geotech Investigations & Construction Material Testing\Ninyo & Moore\Ninyo & Moore Agreement Geotech and Constr Material Testing 10-tJ6...08.doc 7 EXHIBIT B the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Responsibilitv for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an 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 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. I 9 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 \ \Sierra\DS\_Public Works\RFCA's\2008 All\ l0-06-08\Agreernent for Geotech Investigations & Construction Material Testing\Ninyo & Moore\Ninyo & Moore Agreement Geotech and Constr Material Testing 1O-06-0B.doc 8 EXHIBIT B duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. 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. 6.24 Damages. The Parties agree to waive any rights to incidental or consequential and punitive damages arising out of performance under this Agreement whether in torts or contracts and in law or in equity. III III \ \Sierra \ D5\_Public Works\ RFCA's\2008 All\ 1O-06-08\Agreement for Geotech Investigations & Construction Material Testing\Nmyo & Moore\Ninyo & Moore Agreement Geotech and Constr Material Testing lD-06-08.doc 9 EXHIBIT B AGREEMENT FOR SERVICES FOR ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation CONSULTANT NINYO & MOORE, INC. By Lori Sassoon, Acting City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney By ~~ f,f~ U \ \Siena\DS\_Public Works\RFCA's\2008 All\ 1O-06-08\Agreement for Geotech Investigations & Construction Material Testing\Ninyo & Moore\Ninyo & t\.1oore Agreement Geotech and Constr Material Testing 10-Q6.08.doc 10 I ATTACHMENT 1 TO EXHIBIT B ~~r7l!j~IVJn90&~oo~e~~~ 1 Cit:C"C(I'n,c<", c!r:c Envlfor:r:cr:rci.' SCience: Cor.:;u,'r;;r:/, I I I I I I ~ July 3, 2008 Proposal No. P-13750 Mr. Michael Grubbs, Project Manager City of San Bernardino Development Services Department 300 North 'D' Street, San Bernardino, California 92418-0001 Subject: Proposal for Public Works On-Call Geotechnical Investigation and Construction Material Testing Services City of San Bernardino, California Dear Mr. Grubbs: Ninyo & Moore is pleased to submit this proposal to provide professional geotechnical investigations and construction material testing services to the City of San Bernardino (City). This proposal is being submitted in response to the City's Request for Proposal (RFP) To Provide Professional Geotechnical Investigations and Construction Material Testing Services for the City of San Bernardino, dated June 4, 2008. We fully understand the City's needs and desires for a qualified consultant that can respond quickly and effectively. We are ready to meet the City's requirements by making available dedicated professionals who have the requisite experience and resources to meet your project needs. ~ Some of the advantages Ninyo & Moore can provide to the Agency include: . A proven track record for successfully providing professional geotechnical investigations and construction material testing services to cities, counties, and other pUblic agencies, including the cities of San Bernardino, Rancho Cucamonga, Fontana, Rialto, Riverside, Moreno Valley, Los Angeles, Irvine, the Department of Public Works at the counties of San Bernardino and Los Angeles; San Bernardino Associated Governments (SANBAG), the Riverside County Transportation Commission (RCTC), Orange County Transportation Authority (OCTA); Chino Basin Desalter Authority, Orange County Sanitation District (OCSD), John Wayne Airport, as well as Caltrans, California State Parks, and many other agencies and municipalities. Ninyo & Moore is experienced with the coordination and administration of on-call contracts and can effectively provide responsive and comprehensive services to the City of San Bernardino. ; ~ I I I I I . As one of the largest geotechnical consulting firms in southern California, Ninyo & Moore, a minority-owned business enterprise, currently employs over 350 professionals, including California-registered Civil Engineers, Geotechnical Engineers, Registered Geologists, and Certified Engineering Geologists, as well as certified inspectors and technicians. Ninyo & Moore provides geotechnical, environmental, geologic, and materials testing services in- house, reducing coordination and delivery time of our services to our clients. . Many of our staff are cross-disciplined, including many of our technicians and inspectors, which provides flexibility in the field of our personnel. Our field and laboratory technicians and inspectors hold current certifications from ICC, NICET, ACI, AWS, and Caltrans. I . In addition to our experienced diversified staff, we maintain three fully-equipped, in-house soils and materials testing laboratories in southern California, located in Rancho F. ~ !II ; lu50 1V1is,S"lon Park Drive. Suire 10J . RL'1r.cho Cucamonga, CallforniC'/9/730 . Phone (909) 758-5960 . Fax (909) 758-5966 S~n Di~go . Irvine . R(~ncho Cucamonga . Los Anqeles . Oakland . Las Veaas . PhoeniX . Denvpr . FI p~~() I I i m I I I I ~ ,. ; ~ I I I I I ~ ~ ~ Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 Cucamonga, Irvine, and San Diego. Our laboratories are accredited by the American Association of State Highway and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratory (CCRL), Caltrans, the Division of the State Architect (DSA), the City of Los Angeles, and many other public agencies. . Ninyo & Moore will service this contract from our local San Bernardino County office and laboratory located at 11650 Mission Park Drive, Suite 101, Rancho Cucamonga, California 90071. Dr. Jalal Vakili is the Principal Engineer for Ninyo & Moore's Rancho Cucamonga office and is authorized to negotiate with the City of San Bernardino on behalf of Ninyo & Moore. Dr. Vakili's e-mail address is ivakili@ninvoandmoore.com, telephone number is (909) 758-5960, and the fax number is (909) 758-5966. We are fully prepared to make every possible commitment needed for the successful and timely completion of any project assigned to us. Your favorable consideration of this proposal is appreciated, and we look forward to being of service to the City of San Bernardino. Sincerely, NINYO & MOORE ~PdL Jalal Vakili, Ph.D., P.E. Principal Engineer KSY/JV/rad Distribution: (6) Addressee 2 /(iI190& Ift.oon I' I I ~ b~ I I I I ~ I"" ; ; I I I I I L I ~ I; PROPOSER' CERTIFICATioN AND ACKNOWLEDGMENT OF ADDENDA FOR GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES The undersigned hereby certifies that I am an officer of the firm submitting the attached proposal and that I am authorized to submit said proposal on behalf of my firm. I hereby bind my firm to this proposal and state the following (if submitting a proposal): This offer shall remain valid for 90 days from the RFP close date; and All terms and conditions as set forth in this RFP shall apply to this offer; and In signing this offer, I warrant that all certifications and documents requested herein are attached and properly completed and signed; and I certify that I have received all addenda as indicated below and have incorporated the addenda in the attached proposal. Verification of Addenda Received Addendum No: None Addendum No: Addendum No: Received on: Received on: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Jalal Vakili, Principal Engineer - /./; >>,. :,.~ ~P:::_ . DATE SIGNED: July 3, 2008 COMPANY NAME & ADDRESS: Ninyo & M:Jore 11650 MIssion Park Drive, Suite 101 Pancho CUcarronga, California 91730 PHONE: 909/758-5960 FAX: 909/758-5966 IF NOT SUBMITTING A PROPOSAL, PLEASE STATE REASON (S) BELOW: Page 2 of 12 I I I I i I I I I ; I I I I I :; '" jJ 11 ,:!:!, ,."- :.<~ '" Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 TABLE OF CONTENTS Paqe PROJECT UNDERST ANDI NG. ... ....................................... ......... .......................... ........ .............1 COMPANY PROFILE ....... ......... ............................................... .............. .................. ....................2 SCOPE OF SERVICES ............................................................................. ...................................3 OFFICE LOCATION .....................................................................................................................6 KEY PROPOSED PROJECT PERSONNEL........................... ..................................................6 RELEVANT PROJECT EXPERIENCE...........,.............,...................... ....................................1 0 REQUIRED STATEMENTS ......................................................................................................15 INSURANCE COVERAGE .................................,...................................... ................................15 MINORITY-OWNED BUSINESS ENTERPRISE (MBE) CERTIFICATIONS....................I6 FEE SCH EDU LE................................. ...................................................... ................... ....... ...... ..16 Attachments City Business Registration Cost - Separate Sealed Envelope Appendices Appendix A - Resumes of Key Personnel /(ilP!lO& iV'OOf'8 I Ii I ~ I 1;.; Iii I I B ; ~.. '.1 .c,t ~ ~ I I I I I '" '" ~ Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 PROJECT UNDERSTANDING Ninyo & Moore Geotechnical and Environmental Sciences Consultants is pleased to submit this proposal to provide professional geotechnical investigations and construction material testing services for the City of San Bernardino. We understand that our services will be provided on an on-call basis and will be subject to the Prevailing Wage requirements and will extend from approximately December 1, 2008 through June 20, 2009, with an optional one-year extension, from July 1, 2009 through June 30, 2010. We are committed to being responsive, thorough, and technically sound in order to provide high quality services to the City of San Bernardino efficiently and comprehensively. We have prepared this proposal based on the information contained in the City's Request for Proposal (RFP) To Provide Professional Geotechnical Investigations and Construction Material Testing Services for the City of San Bernardino, dated June 4, 2008. The coordination of our soils and materials testing services will be provided from our Rancho Cucamonga of fice, located at 11650 Mission Park Drive, Suite 101, Rancho Cucamonga, California 91730, The telephone number for our Ontario office is (909) 758-5960, and the fax number is (909) 758- 5966. Based on our understanding of the RFP, we understand that our services may include taking preliminary soil samples utilizing 15 foot-deep soil borings to determine the on-site soil characteristics, performing grading observations, taking soil compaction tests to evaluate relative compaction, collecting Portland cement concrete cylinders for laboratory compressive strength testing, and collection of asphalt concrete samples for laboratory conformance testing, We understand that the majority of the work that is anticipated to be requested will confined to routine soil compaction and concrete/asphalt testing. Ninyo & Moore has been providing similar services to many other public agencies and has the in-house capabilities to provide the requested geotechnical and materials testing services. Our geotechnical sampling, including logging our borings and laboratory classification testing will be performed under the direct supervision of California licensed Geotechnical Engineers and/or Certified Engineering Geologists. Our field and laboratory materials testers are certified by Caltrans to perform the requested soils, Portland cement and asphalt concrete sampling and testing. P-13750 /iflnflo'" /tft,.oot"e 1 I I I ~ t~ Ii ~ I I I .... ; ~;' '" {;, I I I I I I .., li- It ,f. Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 COMPANY PROFILE The quality of Ninyo & Moore's personnel base of over 35 employees is widely recognized" Our staff of design and construction-related professionals includes experienced and certified registered geotechnical engineers, civil engineers, environmental engineers, engineering geologists and certified laboratory technicians" Since 1986, Ninyo & Moore has been providing geotechnical/geologic design services, hazardous materials evaluation and abatement, and construction support services in the form of soils and materials testing and inspection services for hundreds of projects throughout southern California" Our highly qualified staff is experienced in meeting the requirements of the California Building Code, as well as meeting the requirements of the various regulatory agencies involved with design and construction projects, including OSHA, OSHPD, DSA, South Coast Air Quality Management District, and other regulatory agencies" Our personnel are familiar with the standard plans and specifications prepared by various agencies, including the American Public Works Association, Caltrans, City of San Bernardino, and other agencies. In addition, Ninyo & Moore has three fully equipped, certified soils and materials testing laboratory facilities in southern California supervised by registered engineers. Our laboratories are certified by the American Association of State Highway and Transportation Officials (MSHTO), the Cement and Concrete Reference Laboratory (CCRL), California Department of Transportation (Caltrans), California Division of the State Architect (DSA), the City of Los Angeles, and many other agencies, and meet the requirements of ASTM E329, "Specifications for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction." Our laboratories are equipped with the necessary testing equipment required for the proposed contract. The quality assurance manual for our laboratories assures that laboratory testing is documented and efficiently performed in accordance with the applicable testing standards. Our testing equipment is calibrated by independent, third-party calibration companies and is re- certified by the various agencies within their required time limitations. In addition to our many certifications, our laboratories participate in soil, asphalt, and concrete proficiency sampling programs, including those administered by the MSHTO Materials Reference Laboratory (AMRL), the Cement and Concrete Reference Laboratory (CCRL), and the Caltrans Reference Sample Program (RSP). P-13750 /(ln90& If'oore 2 I I I I li I I I I ..- " ; I I I I I I ~ I Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 SCOPE OF SERVICES We understand that our scope of services will include the items listed in the City of San Bernardino's Price Form, which we have filled out and included in a separate sealed envelope. Ninyo & Moore has the in-house capabilities and resources to provide the complete scope of services requested in this RFP will not need to use sub-consultants for this contract. This will benefit the City of San Bernardino by having one company to perform the necessary services. In the event that the City would need additional geotechnical or materials testing services beyond the scope of services include in the Price Form, we have included sample scope of services for these areas. We would tailor our scope of services to meet the City of San Bernardino's needs on a project by project basis. Geotechnical Services Our scope of services for a geotechnical design project may include the following: . Project coordination, including meeting with the representatives of the City and their design team to discuss our scope of work. . Review of preliminary project plans, geologic and seismic hazard maps, and readily avail- able geotechnical reports to evaluate possible geologic hazards that may impact the proposed construction. . Acquisition of permits necessary to proceed with our subsurface evaluation. . Geotechnical site reconnaissance to document the site conditions and to select and mark the proposed excavation locations for underground utility location. · Drilling, sampling, and logging of small-diameter and/or large-diameter exploratory borings and/or excavation of exploratory test pits. The depths of the excavations will depend on the details of the proposed project and site location. Traffic control will be performed, as ap- propriate, in general accordance with the W.A.T.C.H. manual. . Laboratory testing of representative soil samples to evaluate the soil characteristics. Labo- ratory testing may include in-situ moisture and dry density, gradation, maximum density and optimum moisture content, consolidation and expansion potential, expansion index, con- solidation, shear strength, corrosivity and sulfate content, and R-value testing. o Data compilation and geotechnical analysis of field and laboratory data. Our analyses will address the following: o Suitability of the site for the proposed construction from a geotechnical perspective. o Description of the site geology and on-site soils anticipated during construction, includ- ing an evaluation of geologic hazards that might be present at the site. P-13750 JiflR90&/ft.oon 3 I . I I I I I I I f7 , ; i I I I I ~ I ~ ~ -.J. III Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 o Excavation and compaction requirements, including suitability of the or.-site soils for use as fill and/or trench backfill. o Analysis of the temporary stability of the trench excavations and shoring pressures, in- cluding allowable lateral earth pressures and allowable passive pressures for proposed trenches, as appropriate. o Evaluation of the depth to the groundwater table and potential areas of dewatering, as appropriate. o Evaluation of potential settlement. o Evaluation of the potential for liquefaction. o Evaluation of the corrosion potential of the on-site soils. o Evaluation of pavement design for the proposed roadway sections, as applicable. . Preparation of a written report presenting the results of our field exploration, laboratory testing, and engineering analyses, as well as our conclusions and recommendations rela- tive to the geotechnical aspects of project design and construction. . Upon substantial completion of the project plans and specifications, Ninyo & Moore will per- form a geotechnical and geologic plan review to evaluate whether the conclusions and recommendations presented in our report were correctly interpreted and incorporated into the project plans and specifications. Soils and Materials Testing Services Our scope of services for soils and materials testing may include the following: . Project coordination and client liaison, including scheduling of personnel by our Project Manager to provide soils and materials testing services and meeting attendance. . Review of readily available background materials pertaining to the site, including geotechnical reports, and project plans and specifications. . On-site soils and materials testing during construction performed by our certified personnel, on an as-requested basis. Our soils and materials testing services will typically include the following: o Field observation, documentation and testing during the earthwork operations and foundation excavation operations, as applicable. Our services will include observation of the shoring and foundation excavations, and field density testing of compacted fill, utility trench backfill, subgrade, and aggregate base materials. Inspection, sampling and testing during batch plant operations, as required. Field observation and density testing during asphalt concrete pavement operations. o o P-13750 lfi090& Jf\OO\"e 4 I Il ~ ~ ~ ~ I I I ~ .... ; I I I I ~ I ~ w ,'j :Ji: Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 Pavement coring of new or existing pavements to observe and evaluate pavement thickness and materials, including sampling of subgrade materials, as requested. . Laboratory testing to evaluate the maximum dry density and optimum moisture content of the soils to be placed as fill or backfill; and conformance testing; R-value testing of subgrade soils and base materials; and material quality tests on the proposed soils, aggregate subbase, aggregate base, asphalt concrete, as may be required. o . Pavement deflection testing and analyses as requested. . Preparation of daily reports and other memoranda to summarize the field operations and test results. . Preparation of letter-reports summarizing the results of our field and laboratory tests, and submittal of these reports to the City's Project Manager and others, as requested. Construction Inspection and Environmental Services We understand that construction inspection services, including reinforced concrete, pre- stressed concrete, structural steel, welding, masonry, and roofing are not a part of this RFP; however, Ninyo & Moore has in-house inspectors that our certified by the ICC, AWS, DSA, that can provide construction inspection if required. In addition, our in-house environmental services include hazardous materials evaluation and abatemenUremediation and we have been able to quickly respond and remediate unanticipated soil/groundwater contamination as well as unanticipated lead painUasbestos abatement on many past projects, with very little if any delay to the construction schedule. We mention these additional services due to the benefit they have provided to many of our materials testing and geotechnical engineering clients when unexpected emergency situations arose and we were able to quickly respond and resolve the issues for them. Scheduling Ninyo & Moore is committed to providing prompt, efficient, and high quality materials testing and geotechnical engineering services throughout the contract duration. As one of the largest geotechnical and environmental firms in southern California, Ninyo & Moore has the personnel and resources available to complete the requested services in accordance with the construction schedules. Our vast pool of experienced and certified technicians and inspectors has allowed us to accommodate continuous 24-hour construction schedules as well as weekend work when required. Our personnel are equipped with combination digital two-way radios/telephones with paging and voice mail so that our field and laboratory personnel are in constant communication with our project manager, as well as the client, in order to effectively accommodate last minute P.13750 I(ln!lO'< /ftoore 5 I I I I I I I I I ; ~ I I I ~ I I '!: Ii I? Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 scheduling changes. In addition, we have provided technicians and inspectors on-site within as little as 30 minute notification on past projects for other agencies. We understand that the City of San Bernardino requires response time of 30 minutes or less to accommodate last minute changes in the construction schedule. Our current workload allows us to provide the required personnel throughout the duration of the proposed contract for the City of San Bernardino. Quality Assurance/Quality Control Programs Ninyo & Moore has both geotechnical and materials testing quality assurance/quality control programs which facilitate compliance with project performance standards, schedules and budgets. These comprehensive quality assurance plans utilize management approach procedural manuals that delineate the interrelationship between management and design team components and describe specific quality control procedures to be used. The programs address data generation, management, and quality assessment guidelines for sampling and analysis procedures, as well as methods of corrective action. The quality assurance program manuals are available for review upon request. OFFICE LOCATION Ninyo & Moore will manage this contract from our San Bernardino County office and laboratory, located at 11650 Mission Park Drive, Suite 101, Rancho Cucamonga, California 91730. Our field personnel will be based out of this office and we will perform the required laboratory testing in our Rancho Cucamonga laboratory. In the unlikely event that additional personnel or laboratory capabilities are required for this contract, Ninyo & Moore will supplement our Rancho Cucamonga personnel and equipment with the resources from our Irvine office and laboratory, located approximately 45 minutes from our Rancho Cucamonga office. We also have our corporate headquarters office and laboratory in San Diego that can also support this contract, if necessary. KEY PROPOSED PROJECT PERSONNEL Our proposed project manager, who will be the single point of contact for the contract and responsible for the delivery of our services in accordance with the contract documents, is Mr. Kurt Yoshii. Mr. Yoshii graduated from the University of California at Berkeley with a degree in Civil Engineering and is a licensed Civil and Geotechnical Engineer in the State of California. He has over 18 years of experience in geotechnical engineering and materials testing services. P-13750 /(io!/o& If\oon 6 I I I ~ Ii I ~ I I I ; ~ I I I I I I ir I,~, ~ Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 As Project Manager, he has provided project oversight for numerous geotechnical, soils and materials testing and inspection projects including the on-call contracts with the Cities of San Bernardino, Fontana, Rialto, Irvine, Mission Viejo; Department of Public Works for both the County of San Bernardino and County of Los Angeles; the Riverside County Transportation Commission (RCTC), Orange County Transportation Authority (OCTA); and John Wayne Airport, as well as, managed Ninyo & Moore's on-call materials testing contract with Caltrans District 8, and past contracts with the San Bernardino Associated Governments (SANBAG). As key contact person, Mr. Yoshii will be available to the City 24 hours a day, 7 days a week. He can be reached at 949/244-7072. Mr. Yoshii will be supported by our large staff of available materials testers and licensed geotechnical engineers, certified engineering geologists, and registered geologists. Dr. Jalal Vakili, Ph.D., P.E., will serve as the Principal-in-Charge for the duration of the contract. He has a doctorate degree in geotechnical engineering and over 40 years experience in providing geotechnical services for public work and infrastructure projects for cities, counties, Caltrans, and other State and municipal agencies. Dr. Vakili earned his Ph.D. in geotechnical engineering from the University of Paris, France. His experience includes street improvements; bridges and retaining walls; highways and major transportation corridors; sewers, pipelines, dams and flood control structures; and residential and commercial developments. Dr. Vakili's background includes teaching and performing quality research in the field of geotechnical engineering. Dr. Vakili has served as Principal-In-Charge for Ninyo & Moore's continuous, past on-call geotechnical engineering contracts with several city/agencies. Dr. Vakili will be available to the City 24 hours a day, 7 days a week. He can be reached at 949/697-2942. The proposed project team personnel are highly qualified and experienced in their specific disciplines, and possess working knowledge of the required documents and standards. The following organization chart outlines the lines of communication that we will utilize for this contract. P-13750 /(JnSO& ~oore 7 I I ~ I i I I I I .... ; I I I I I I I ~ ~: 10 Public Works On-Call Geotechnical Investigations & Construction Materials Testing City of San Bernardino July 3, 2008 Proposal No. P-13750 City of San Bernardino ~-...,' . '.. ",. - I r- Technical Advisors PrincipaHn<harge Project Manager Daniel Chu, Ph.D., P.E., G.E.- Geotechnical Jillal Vakili, Ph.D., P.E. Kurt Yoshll, P.E., G.E. uwrena: Lovett, P.L, Q.E. -Materials ... -..-.- I Project Engineer Field Operations Super\tsor Gartdh M. Saiki, P.E., G.E. R.WOody'Hlphis I ... Geology/Engineering Staff Materia' Testers and Inspectors Sam Guha, Ph.D., P.E., G.f. uwrence lInsm, P.G., C.Eli. GlennA-Miller David Dismang Andy'Rodrlguez Jeremy ABenbr MichaelPurce, P.E., G.E. Scott Johnson, P.G., C.E.G. Alfred--rlno- Rodriguez Phil Nekoranec John Krobetzky James Cowles Aru Chakrnarty, P.f. Greg Corson, P.G., C.E.G. Vance Hunter Carrie Abrams Hector Heredia Dan~ Blmwood Rajlndra Handillpiilngoda, Err Mi:hlel Rogers, P.G. C.E,G. lIrlld Red. OiIntel Chacon Normlln Lopez Daniel EqiM VlcIoril MacKinnon, m EnnPrice,Staf'f Eugene Frazier David MenI. Marlo Romo OIYid ReId Jennifer Sdwnidt, stili' Winnie V.h, Staff TlrnodtYCIIJr Marla Villafana Joe Levario Mugaret Plrks, !taff Jelnoylar Adam Coctrlll Alexander pantalean Phil Allen TIm Tanmettl Steve Sofis MarloAdolfo Mitt puraty TlIomas Radovich Emily M.ph~ Robert Little Vincent Cordon MlttAltilllgl TIm Cooper Robert Beattie Justin Van Fleet NidloIls Cha.u The following table summarizes Ninyo & Moore's project team's qualifications and certified inspectors and technicians. The resumes of our key project personnel are provided in Appendix A. Our proposed project team along with their titles and certifications are listed below: ala/Vakili Prindpal-in- Charge Ph.D. Geotechnical Engineering M.S. Applied Mechanics B.S. Civil Engineering Construction Quality Manage- ment for Contractors, Corps of engi- neers Training Course Registered Civil Engineer, CA, PE 45350 Professional Engineer, Neveda, PE 12269 Professional Engineer, Utah PE9734155932202 Professional Engineer, Arizona PE 33062 Professional Engineer, Idaho PE4470 40 P-13750 I(Jn9o&~oot'e 8 I I I I I I I I I ,... , ; I I I I I I I '" :~ ~ Public Works On-Call Geotechnical Investigations & Construction Materials Testing City of San Bernardino July 3, 2008 Proposal No. P-13750 urt Yoshii Contract Project Manager Daniel Chu Technical Advisor- Geotechnical En ineerin Technical Advisor - QA Matenals Engineenng awrence Lovett aneth Saiki Project Engineer oody Maphis Field Operations Supervisor Ifred 'Tino' Rodriquez Senior Field Technician/ Inspector lenn Miller SeniOf Field T echnicianl Inspector P-13750 B.S. Civil Engineenng M.S., Geotechnical Engineenng B.S. , Civii Engineenng M.8.A. 8.5, Civil Engineenng M. S, Civil Engineenng B.S. Civil Engineenng M.8.A Registered Civil Engineer, CA PE 54759 Registered Geotechnical Engineer, CA, GE 2508 16 Regislered Civil Engineer, CA, PE 37991 Registered Geotechnical Engineer, CA, GE 2096 CalnDfnia Registered Quality Engineer,QE 3960 CalnDfnia Registered Civil Engineer, CE 50994 25 40 Registered Civil Engineer, CA, RCE 49665 Registered Geotechnical Engineer, CA, GE 2509 18 DSA Certified InspectOf #3272 13 ACI Concrete Field Technician Certification ICC Reinforced Concrete Special InspectOf #1074992-88 ICC StnJclural Mason/)' Special inspeclOf#1074992.a4 ICC StnJclura/ Steel and Welding Certification #107 4992~ ICC Prestressed Concrete Special Inspector #1074992-89 T roxJer EIectronics Nuciear Ga Certification ACI Concrete Field Technician Certification 24 Caltrans TL-Ol11 Certified InSpectOf, Co, of Los Angeles Co, of Los Angeles, Special Inspector #01260 ICC Reinforced Concrete Inspector #1 044572-88 City of Irvine Registered Special Inspector for As- phalVConcrete/Pavement City of Irvine Registered Special Inspector for Structural Con- crete #1267 NICET Engineenng Technician Certification Nuclear Gauge Operator Certification OSHA 4Q.Hour Hazardous Mafenals Certification ACI Concrefe Field Technician 21 Registered Asphalt Inspector/City of Irvine Registered Pile Dnving Inspector/City of Irvine Troxler Nuclear Density Gauge Operator Caltrans TL -0111 Certification City of Irvine Registered Special Inspector for AsphalVConcrete/Pavement City of Irvine Registered Special InspectOf for Structural Con- crete Co, of Los Angeles/Special Inspector #01262 ICC/ Speciallnspector/Slructural Steel and Welding #1033469- 85 ICC/Speciallnspector/ Reinforced Concrete #1033469-88 ICC/ Special Inspector/Structural Mason/)' Inspector #1033469- 84 4O-Hour Hazardous Malenals Certification 9 1(/11110", JV\oor\l! I I: ~ ! ~ I I I I f1I'. Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 MINORITY-OWNED BUSINESS ENTERPRISE (MBE) CERTIFICATIONS Ninyo & Moore is a Minority-Owned Business Enterprise (MBE). A list of agencies with which Ninyo & Moore is certified as a MBE is presented below: Agency I Certification Certification No. Expiration Date City of Los Angeles I Minority Business Enterprise CCA-964 April 3, 2013 County of Los Angeles 50198 July 11. 2009 CPUC WMBE Clearinghouse I Minority Business Enterprise 90CS0160 May 28, 2011 FEE SCHEDULE As requested in the RFP, we are providing the Price Form for Geotechnical Investigation and Construction Materials Testing Services in a separate sealed envelope. ; I ~. I I I I I ~ ~ P-13750 16 fl(Jn90& If\OOt'8 I ,..."W-.JI~UUU .lU.'iQ 1 O::H:::i'j t4b'j 14 N I flYO & ~'IOORE PI\GE 02 I I I NO r TRANSfERABLE . MUST HAVE A COLOn IlACKGROUNT> KE~P F"ORYOUR RECOROS I CITY OF SAl'1! IlERl'IARDINO RUSlNtSS lUlGlSTRATlQI'l CkRTIFICATE I ACCOUNT NUMBER 26358 Thi: !hl.~iIIa~.il.~~i.';tr.Ition cm,fiCJlI~ dO<'$ not indica1tlM k-pl opmuiC:r.i orth~ buo~1 nl rhiJ lutlllion. Dlh... OPP<"VPI"'_ ~y alhoT City d~ft"me;.u. tilth If tlt"fll~, ~m'le~'1l\i)' bt rCQ\llred Thi, Cmlficole i!: istllcd ~'tl\olll I'C!'!licxkon Imr tile rert,ficnle 1r.\~bJCtl fa [If ...x~ fh:,ri\licttieinJ:tJyl1le St41totc.lirofflh RJm:l;mi.- 1'trP. Bwll~eb ()o.o/II~ I. rr:irpon,,~_ror timely rl'Il~~l No! rcetiVlIlj' r~ notJl:&' ~f any "tl\t(lll does rot relieve ~:ipOnshlityroT I~ Mmm. I(nM p3id MUrin ~O da)1 oftht npirOficn dAte ,flown..II. ~C% pcnulty-..;l1J be- impo<c.il ACCTNQ. DATe p^m . ._~:" 26358 ,,' . :".OY20!2G08 '~6p.QO I DAn;; PAlO 02/20/2008 BUSINESS CLASS: CONSIJLTANT (O\JTSJOE) NO't6S: BUSINESS LOeA TlON: 475 GODDARD STE 200 575 EXPIRATION DATE 1/31/2009 O\'Vl'."ER, flRM OR r:QirpOi<^TTO'N AVRAM NlNYO I3A.L~NC" I BUSlf'll.iSS NM11: ATTENTION MAILtNu ADIJRli:SS NINYO" MOOR8. INC $n.oo I 5710 RUFFIN RD SAN DIEGO. CA 9212).1013 j('({.chcl G. LI~,a';;: CITY CI EnK . 'd" ;..1.: CITY OF SAN BERNARDINI ; I I I I I I B I If/i'090 '" Iv\OOt'8 . ATTACHI'_,'Ir 2 TO EXHIBIT B ~. .'16L~l1D~7rr(~'?'-;~Z!7~rJnIlO & AADO~e ..j.~~~:""'~<(.f._..'< ~:.;.j~"J" ......~ - , -.:I"" , ~ - _._~.. ...... -. , :' - - .' - :,.: '.. "'~'" " ~'~ July 3, 2008 Proposal No. P-13750 Mr. Michael Grubbs, PE. Principal Engineer City of San Bernardino 300 North "D" Street, 3rd Floor San Bernardino, California 92418 Subject: Fee Proposal for Professional Geotechnical Investigations and Construction Materials Testing Services City of San Bernardino Reference: Ninyo & Moore, 2008, Proposal for Professional Geotechnical Investigations and Construction Material Testing Services, City of San Bernardino, California, Proposal No. P-13750, dated July 3 Dear Mr. Grubbs: Ninyo & Moore is pleased to submit this cost proposal for provide professional geotechnical investigations and construction material testing services to the City of San Bernardino (City). In accordance with the City of Bernardino's Request for Proposal (RFP), we are submitting our cost proposal under separate cover. Our proposed scope of services, summary of qualifications and project organization are provided in the above-referenced proposal dated July 3, 2008. Our services for the scope of work described in our referenced proposal will be provided in accordance with the City of San Bernardino's Price Form, attached to this letter. Additional requested services that may be requested, but not included in the Price Form will be performed in accordance with our attached Schedule of Fees and Schedule of Fees for laboratory Testing. Ninyo & Moore appreciates the opportunity to submit this proposal and we look forward to working with you. If you have any questions regarding our cost proposal or require additional information, please contact me at your convenience. Respectfully submitted, NINYO & MOORE ~~;;-e/I;fae Jalal Vakili, Ph.D., P.E. Principal Engineer KSY/JV/rad Attachments: Price Form, Geotechnical Investigations and Construction Materials Testing Services Schedule of Fees Schedule of Fees for laboratory Testing Distribution: (1) Addressee '(~r ,\,;, ,:, r;n :.i;I'/ . ',-,(1_' i!11 ,'I'( ii' J (1,(' :11 ,,:,t~'I'~, '-, '!I;cr~I..; 'i i i ;1) Pi ;,dl iL' (',J, )'.i) /')(3'jr)hU ' Fc':x ,'I(i',i; l';i3~'<iC6 <:I~,:l"I{'. ;fvrr>:. "'lr:,J-'_}('r,.'I'~'!I'" . U,/~!i'!,'!,'. ';").'iJ,!I',!. :.1'1,_ :I'J'(;,," . ";;-" i-'r ,i-' t'" Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist ................ ................. ................. .............. ........ $ Senior Engineer/Geologist/Environmental Scientis!..... ................ $ Senior Project Engineer/Geologist/Environmental Scientist..... ..... $ Project Engineer/Geologist/Environmental Scientist.. . ................. ............... $ Senior Staff Engineer/Geologist/Environmental Scientist..... $ Staff Engineer/Geoiogist/Environmental Scientis!.... ............... ................. .. $ GIS Analyst.......................... ..... ................. ........... .................. ................ ................................ ........ ....... $ Field Operations Manager....................... . ........................... .................... ........................................ ........ .. $ Supervisory Technician....................................................................................................................................... .. $ Nondestructive Examination Technician, UT, MT, Lp.......................................................................................... $ !~~~;~~~y~~~J~~=e~.t.;::;;;;:;;;;::;:ii;;;;;;;;;;:i;;:;;;;;i;;;:;;;;;:;;;;::;;;:;;>;:::;;:::;:;:::::;:;;> i Concrete/Asphan Batch Plant Inspector ...................................... ................................... ...................................... $ Special Inspector, Reinforced Concrete. ....................................... ................................. ............................. ......... $ Special Inspector, Pre-stressed Concrete........................ .... ..... .... .............................................................. ......... $ ~j~~~tj GeotechnicaVEnvironmentallLaboratory Assistant................ ................ ...... ......... ........................ ............ ............ $ Information Specialist ..... ............ .................... ........................ ..................... ............ ............................... .... .... ....... $ Data Processino, Technical Editino, or Reproduction .......................................................................................... $ OTHER CHARGES Expert Wrtness Testimony .................................. ......................................... ............................................... $ 400 Ihr Concrete Coring Equipment (includes one technician) .............................................................................. $ 160 Ihr Special Preparation of Standard Test Specimens...................................................................................... $ 64lhr Inclinometer Usage .......... ........................ .................. ................................................................................. $ 32lhr Vapor Emission Kits...................... ......................................................................................... ...................... $ 30/kit Rebar Locator (Pachometer) .............. ............... ................................................................... ..... ............ ...... $ 10 Ihr Nuclear Density Gauge Usage .............. ........ .............................................................................................. $ 9lhr Field Vehicle Usage ........................ ............................... ............. ..... ......... ............................................. ...... $ 8lhr Direct Project Expenses ......................................................................................................................... Cost plus 15 % Laborato testin, eo h sical e u; ment, and other s ecial ui ment rovided u n re uest. NOTES (Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con- struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 2-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8- hour minimum for hours exceeding 4 hours. Field personnel are charged porlal to portal. .Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage De- termination during the life of the project. INVOICES Invoices will be submitted monthly and are due upon receipt A service charge of 1.0 percenl per month may be charged on accounts not paid within 30 days. TERMS AND CONDITIONS The terms and condi1ions of providing our consulting services include our limitation of liability and indemnities as pre- sented in Ninyo & Moore's Work Authorization and Agreement C9 139 133 127 123 109 96 96 87 87 87 87 73 73 73 73 73 73 73 73 73 73 69 53 52 44 , 1: ' · ,,,; "7'1"fJ.\ .-. !"-I'r'" " '''';)I , jll ,.,. '" Public Works On-Call Geotechnical Investigations & Construction Materials Testing July 3, 2008 City of San Bernardino Proposal No. P-13750 SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Salls Atterterg Limds. 0 4318. CT 204 ...... ... .... ......... ..... . ... $ California Bearing Ratio (CBR), 0 1883. ....... .... $ Chloride and Sulfate Content, CT 417 & CT 422 .. ......... ..... $ Consolidation. 02435, CT 219. ...... ........,_.. ............ $ Consolidation - Time Rate, 02435, CT 219 ........... ......... , .. $ Cited Shear-Remolded. 0 3080 .... . .............., .._................. $ Dired Shear- Undisturbed. 03080. ............................... .... $ Durability Index, CT 229.......... ... ................ ............. $ Expansion Index, 04829, UBC 18-2................................... $ Expansion Potential (Method A), 04548............................... $ Expansive Pressure (Method c), 04548............................ $ Geofabric Tensile and Bongation Test. 04632 ..................... $ Hydrauic Conductivity, 05084 ............. $ Hydrometer Analysjs, 0422, CT 203 ..................... $ Moisture. Ash. & Organic Matter of PeaVOrganic Soils.... ....... $ Moisl1Jre Only, 02216, CT 226. .............. ............ .................. $ Moisture aOO Density, 02937... ......... $ Permeability, CH, 0 2434, CT 220.. ........................... ............ $ pH and Resistivity, CT 643............ ...................... ............... $ Proctor Density 01557,0698, CT 216, &...... ............ $ AASHTO T-l90 (Rock corrections add $80) R-value, 02844, CT 301......................... ................. ............... $ SaOO Equivalent, 02419, CT 217 ............................................ $ Sieve Analysls, 0422, CT 202................................................. $ Sieve Analysis, 200 Wash, 0 1140, CT 202. ......... $ Spedtlc Gravity, 0854.............................................:................ $ Triaxial5l1ear, C.O, 04767, T 297 ........................................... $ Triaxial Shear, C.U., w/pore pressure, 0 4767, T 2297 pel' pt. $ TriaxlaIShear, C.U., w/opotll pressure, 04767, T2297perpt.$ Triaxial Shear, U.U.. 02850 .............................. .....,_, $ Unconfined CompnlSsion, 0 2166, T 208 . .. $ Wax Oens<ty, 0 1188............. ..................... .................. ...... $ Rooflna Built...up Roofing, a.Jt~ samples, D 2829 ............ Roofing Materials Analysls, 0 2829 ...................... Roofing llIe Absorption, (set of 5), UBC 16-5...... Roofing Tile SIrength Test, (set of 5), UBC 16-5 ................ .. $ ......$ .$ ... $ C9 Concrete cemeniAnafysis Chemical and Physical, C 109,... ............. .. .. ...$ 1 ,650 Compression Tests, 6x12 Cylinder, C 39.. ............... .$ 22 Conaete Mix Design Review. Job Spec......... . .......... . .. ...... _,.. $ 140 Conaete Mix Design, per Trial Batm, 6 cylinder. ACI ............... .......$ 750 Conaele Cores, Compression (exdudes sampling), C 42 ....... .......$ 55 Drying Shrinkage, C 157 ...................... ................... ........$ 250 Flexural Test, C 78 ................. ......................... ........$ 50 Flexural Test, C 293.... ........................ ............$ 55 Flexural Test, CT523.................................................$ 60 GLIIliteIShotaete, Panels, 3 cut cores per panel and test ACI.........$ 250 Jobsite Testing laboratory ................. ................. ....................... Quote lightweight Conaete Fill, Compression, C 495.... ................... .........$ 40 PelrographlcAnaIysls, C 856... ..................... ....................... ...$ 1 ,100 Splitting Tensile Strength, C 496....... ................. .........$ 80 ReinforcInG and Structural Steel Fireproofing Density Test, UBC 7-6..... ................... .......$ Hardness Test, Rockwel, A-370...................... ...........$ High SIrength Bolt, Nut & Washer Conformance, set, A-32...............$ Mechanically Spliced Reinforcing Tensile Test, ACI..........................$ Pre-Slr8ss SIrand (7 wire), A 418 .......................................................$ Chemical Analysis, A-36, MI15................................................. .........$ Reinfofdng Tensile or BeOO up to No. 11, A615 & A 706................$ strucluraI Steel Tensile Test: Up 10 200,000 Ills. (machining extra), A 370 ...................................................... ............$ 70 Welded Reinforcing Tensile Test Up to No. 11 bars, ACI .....$ 55 145 440 135 275 70 290 250 150 165 145 145 165 300 190 110 30 39 230 140 180 250 90 110 90 90 390 330 190 140 100 90 AsDhlllt Concrete AsphaR Mix Design, Caltrans ...................................... ..........$ 2 ,200 Asphalt Mix Design Review, Job Spec............................................... $ 150 Exlrac:lion, % AsphaR, Including Gradation, 02172, CT 310.............$ 215 Film Stripping, CT 302.........................................................................$ 100 HveemStability and Unit Weight CTM or ASTM, CT 366.................$ 195 MarshalStabiity, Flow and Unit Weight, T-245................................$ 215 Maximum Theoretical UnR Weight, 02041.................... ..........$ 120 SweI, CT 305 ......................................................................................$ 165 Unit Weight sample or core, 0 27211, CT 309.... ....................... ........$ 90 Aaareaa_ MalonlV Absorption, Coarse, C 127 ........................................................ ........$ Brick Absorption, 24-hour submersion, C 67 .... $ 45 Absorption, FIflll, C 129.......................................................................$ Brick_orption, 5-hou' boling, C 67. ............ $ 55 Clay Lumps and Friable Particles, C 142...........................................$ ==~~:~~6:7.:::::: : ==:g~:::.:::::.::.::.:::.::::.::.:::.::::$ Brick EfIIoresoence, C 87 .......................................................... $ 45 Brick Modulus ot R~. C 67 ...................................... .... $ 40 Durability, Fine, CT 229........................................... ...........$ Brick Moisture as received, C 87........................ . $ 35 Los Angeles Abrasion, C 131 orC 535 ................ .................$ Brick Saturation Coettident, C67 ............................. .............. $ 50 Mcxtarmaking prop&lties of fine aggregate, C 87 .................... ....$ Conaete Block Compression Test 8x8x16, C 140......... ........ $ 60 Organic Impurities. C 40......................................................................$ Conaeta Block Conformance Package, COO............. ........... $ 440 Potential Readivity otA9gregate (Chemical Method). C 289............$ Concrete Block Unoar Shrinkage, C 426............................ ..... $ 120 Sand Eqlivalent, CT217 ....................................................................$ Conaeta Block Unit Weight aOO Absorption, C 140........ ..... $ 55 Sieve Analysis, Coarse Aggregate, C 136..................... ...........$ Cores. CompteSSion or 5I1ear Bond, CA Code........... .... $ 55 SieveAnaIysls, Fine Ag9regata (Mooing wash), C 136.. ...........$ MasO/1l)' Grout, 3x3x6 prism compression, UBC 21-18 .......... $ 30 Sodium Sulfate SOurdness (per size fraction), C 88......... ........$ Masonry Mortar, 2x4 cyindercompression, UBC 21-16. ........ $ 30 Specific Gravity, Coarse, C 127 ...........................................$ Masonry Prism, halfsizo, compression, UBC 21-17 ..... $ 110 Specific Gravity, Fine, C 128........... ......$ Special preparation of standard test specimens vAn be charged at the technician's hourty rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. 165 500 190 190 55 50 120 95 140 120 50 35 35 100 120 140 130 130 180 275 55 390 90 105 105 160 75 65 J>JlJfj'fJ' /~'r, 'Jt'! " SCHEDULE OF PRICES ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES July 7,2008 w (To be submitted in a sealed envelope separate from proposal documents) The undersigned Proposer, if offered, hereby certifies that it will execute the attached Agreement for Services and accept an annual purchase order effective on the date the Agreement is approved by the Mayor and Common Council and running through June 30, 2009 for Geotechnical Investigations and Construction Material Testing Services for Capita/Improvement Projects on an as-needed basis with no guaranteed usage. The undersigned Proposer understands that, if exercised by lhe City, an optional one- year extension, as provided in the agreement, shall be effective on or about July 1, 2009 and running through June 30, 2010, and that actual option year pricing shall be negotiated with the Proposer prior to exercising of any given option year; however, the option year extension shall not become effective until issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Prices in the spaces provided on Sheet 2 of this Schedule of Prices. Indicate any other incidental or additional Prices required for complying with the Technical Specification requirements in the space provided below. Are there any other additional or incidental prices, which will be required by your firm in order to meet the requirements of the Technical Specifications? No (Yes or No). If you answered "Yes", please provide details of said additional prices: This offer shall remain firm for 90 days from RFP closing date. Terms and conditions as set forth in this RFP apply to this submittal. Page 1 of 3 Schedule of Prices for On-Call Geotechnical Investigations and Construction Material Testing 07 -07 -08 Estimated Annual Unit Description Unit Price Total Price Quantitv 1,000 ea Compaction Testing (1 - 4 per site $ 260 $ 260,000 visit) including curves. 1,000 ea Compaction Testing (5 - 20 per site visit) $ 60 $ 60,000 including curves. 200 ea Compaction Testing (20+ per site visit) $ 30 $ 6,000 including curves. 20 set Concrete Cylinders (includes $ 200 $ 4,000 collection, tests and report) 20 ea Asphalt Extractions $ 105 $ 2,100 40 ea Asphalt Compaction $ 75 $ 3,000 40 ea Soil Gradation/Screen Analysis $ 110 $ 4,400 500 hr Grading Observation $ 81 $ 40,500 200 hr Engineering Geological Investigation & $ 133 $ 26,600 Consulting 40 ea Soil Boring to 15' $ 1,600 $ 64,000 . 40 ea Pavement Bore (Asphalt) $ 105 $ 4,200 40 ea Concrete Core $ 105 $ 4,200 I I ITOTAL ESTIMATED ANNUAL COST I i $ 479,000 I Page 2 of 3 , . SCHEDULE OF PRICES (Continued) ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES In signing this offer, Proposer warrants that all certifications and documents requested herein are attached and properly completed and signed. Authorized Signature: ~~--~~ Print Signer's Name and Title: Ja1al Vakili Princip:l.1 Engineer Date Signed: Company Name & Address: July 3, 2008 11650 Mission Park Drive Suite 101 Rancho Cucanonga, CA 91730 Phone: 909/758-5960 Fax: 909/758-5966 Page 3 of 3 EXHIBIT C AGREEMENT FOR SERVICES FOR ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING THIS AGREEMENT is made and entered into this day of 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and CONVERSE CONSULTANTS ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant perform the On-Call Geotechnical Investigations and Construction Material Testing 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. Scooe of Services. Contractor shall furnish On-Call Geotechnical Investigations and Construction Material Testing to City in accordance with Attachment 1 "Scope of Services" and the Contractor's proposal dated July 7, 2008, 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 \ \ Sierra\DS\_Public Works\RFCA's\2008 A11\10-06-08\Agreement for Geotech Investigations & Construction Material Testing\ Converse Consultants\ Converse Agreement Geotech and Constr Material Testing lO-06..o8.doc 1 EXHIBIT C insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and 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 Lovaltv/Conflict of Interest: The Consultant understands and agrees that Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 1.8.1 Prior to performing any services to City under this Agreement, Consultant shall provide the Development Services Department a written list of the Assessor Parcel Numbers and general location or address of any and all real property located in the City of San Bernardino in which Consultant has any ownership interest, or which is the location of any pending project that is a source of income for Consultant. Consultant shall keep this list current on a monthly basis during the entire term of this Agreement. 1.8.2 Consultant shall not work on any task that is related to any real property that is located within 500 feet of any parcel in which Consultant has any ownership interest or which is the location of any pending project that is a source of income for Consultant. 2.0. COMPENSATION AND BILLING \ \Sierra\DS\_Public Works\RFCA's\2008 All\10-06-08\Agreement for Gcotech Investigations & Construction Material feshng\Converse Consultants\Converse Agreement Geotech and Canstr Material Testing 1O-06-08.doc 2 EXHIBIT C 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such on-call services in accordance with Attachment 2 "Schedule of Prices dated July 7, 2008", attached and incorporated herein, subject to an aggregate limit of $300,000 in payment for work performed by all consultants performing On-Call Geotechnical Investigations and Construction Material Testing. City shall distribute work among its consultants in a manner that best meets the needs of the City. City makes no guarantee to Consultant regarding the amount and/or the dollar value of the work assigned to Consultant. 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. 2.3. 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 obligation to perform 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. \ \Sierra\DS\~Public Works\RFCA's\2008 All\10-06-08\Agreement for Geotech Investigations & Construction Material Testing\ Converse Consultants\ Converse.^ ., >ernent Geotech and Canstr Material Testing 10-06-08.doc 3 EXHIBIT C 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2009, 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 the prior written 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. 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 \ \Sierra\DS\_Public Works\RFCA's\2008 All\10-06-08\Agreement for Geotech Investigations & Construction Material Testing\ Converse Consultants\ Converse Agreement Geotech and Constr Material Testing 10-06-08.doc 4 EXHIBIT C 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. 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 additional insureds with respect to this 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, \ \Sierra\DS\_Public Works\RFCA's\2008 AlI\l0-06-08\Agreement for Ceotech Investigations & Construction Material Testing\Converse Consultants\Converse Agreement Geotech and Constr Material Testing 10-Q6-08.doc 5 EXHIBIT C 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 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. Hashmi S. E. Quazi, Sr. Vice President, Managing Officer Converse Consultants 10391 Corporate Drive Redlands, CA 92374 Fax: 909-796-7675 Tel: 909-796-0544 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 connection with that litigation shall be considered as "attorneys' fees" for the purposes of this Agreement. 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 \ \Sierra\DS\_Public Works\RFCA's\2008 All\10-06-08\Agreement for Geotech Investigations & Construction Material Testing\Converse Consultants\Converse Agreement Geotech and Constr Material Testing lQ..06-08.doc 6 EXHIBIT C 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. 6.8 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, causes of action, 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 its 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 by the City 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 \ \Sierra\DS\_Public Works\RFCA's\2008 All\ 10-06-08\ Agreement for Geotech Investigations & Construction Material Testing\ Converse Consultants\ Converse Agreement Geotech and Constr Material Testing l0-06-08.doc 7 EXHIBIT C the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. 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 representatiye, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a \ \Sierra\DS\_Public Works\RFCA's\2008 All\ lo-G6-08\Agreement for Geotech Investigations & Construction Material Testing\ Converse Consultants\ Converse Agreement Geotech and Constr Material Testing lO-06-08.doc 8 EXHIBIT C duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. 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. 6.24 Damages. The Parties agree to waive any rights to incidental or consequential and punitive damages arising out of performance under this Agreement whether in torts or contracts and in law or in equity. . III III \ \Sierra\DS\_Public Works\RFCA's\2008 All\10-06-08\Agreement for Geotech Investigations & Construction Material Testing\ Converse Consultants\ Converse An:rr>ement Geotech and Constr Material Testing 1O-06-D8.doc 9 EXHIBIT C AGREEMENT FOR SERVICES FOR ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation CONSULTANT CONVERSE CONSULTANTS By Lori Sassoon, Acting City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney .~ \ \Sierra\D5\_Public Works\RFCA's\2008 All\10-06-08\Agreement for Geotech Investigations & Construction Material Testing\ Converse Consultants\ Converse Agreement Geotech and Constr Material Testing lD-06-08.doc 10 ~ A TT ACHMENT 1 TO EXHIBIT C r: fl ~ [I ~ I IIJ.) R~'j ti;.) PROPOSAL TO PROVIDE PROFESSIONAL SERVICES FOR ON.cALL GEOTECHNICAL INVESTIGATION AND CONSTRUCTION MATERIAL TESTING TO THE PUBLIC WORKS DIVISION OF THE DEVELOPMENT SERVICES DEPARTMENT City of San Bernardino, California . I:i tJ July 7, 2008 ~'J: "' Converse Project No. 08-81-238-00 ~~~j 'j I "'.i . ~ ;; '" t.; ;iJ: " . ~ d . j . l i f',1 I .I ,. l; t F:: t:j ~ ~'! h 'I I m ~ ;'/ ':-:' ~- ~~) '~J .. I I ~~ ;'1 b&.i ~ 2'J fi ~ r ~ j '. @ Converse Consultants Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services July 7, 2008 Michael W. Grubbs, P.E. City of San Bernardino 300 North "0" Street, 3rd floor San Bernardino, CA 92418 Subject: PROPOSAL TO PROVIDE PROFESSIONAL SERVICES FOR ON-CALL GEOTECHNICAL INVESTIGATION AND CONSTRUCTION MATERIAL TESTING TO THE PUBLIC WORKS DIVISION OF THE DEVELOPMENT SERVICES DEPARTMENT City of San Bernardino, California Converse Project No. 08-81-238-00 Dear Mr. Grubbs: Enclosed is our proposal to provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing to the Public Works Division of the Development Services Department of the City of San Bernardino. This proposal is submitted in response to your "Request for Proposal," dated June 4, 2008. Converse has provided sirnilar services to the city of San Bernardino under a prior contract. We are farniliar with your needs and procedures. Also, we have existing contracts with other cities to render similar services. With knowledgeable staff and adequate resources, we are able to meet the needs of all our clients. Converse Consultants (Converse) has the resources and experience to provide the City of San Bernardino with quality services in a cost effective and timely manner. We have extensive experience providing geotechnical, geologic, as well as soils and materials testing and inspection services. We are very familiar with the geotechnical and geologic conditions and constraints that will face your projects. All field personnel are certified by Caltrans. Dr. Hashmi Quazi will manage all Converse services for the City. He is a registered civil and geotechnical engineer with over 21 years of experience in Southern California. Dr. Quazi has been the project manager on various Public Works projects. He will also be the single point of contact for our services to you and will be available 24/7. He will ensure that all deliverables are submitted on schedule and within budget. All projects for the City will be serviced out of our Redlands office. Though our office is not within the city boundary, we are at the edge of the city of San Bernardino and Lorna Linda boundaries. Our proximity to your projects enables us to respond with short notice. We will be able to respond within 30 minutes or less. Our unit rates will include travel time, test method and procedures, equipment, written report and copies, and clerical support. ft.."", . ."""" ,..,. P"",- 10391 Corporate Drive, Redlands, California 92374 Telephone: (909) 796-0544 . Facsimile: (909) 796-7675 . e-mail: redlands@converseconsultants_com ~ o ~ ~I /AI ~ I ~. [~ B tJ r;~1 I,. ~j I I \;!il , ~i "j -~J bi ;"j ',I '"' ~ W n " ,1 ~ Proposal to Provide Professional Services for On-Call Geotechnical investigation and Construction Material Testing City of San Bernardino, California July 7, 2008 Page 2 Our observation and testing services will be available 24 hours a day. We understand field non- professional personnel will be paid no less than the state mandated prevailing wage. Our laboratory is certified by Caltrans. In compliance with the RFP, we have addressed the following items in our proposal: 1. We have provided proof of certification through Caltrans to perform soils, concrete and asphalt testing in Appendix A - Resumes and Certifications 2. We have provided samples of our past experience on public works projects in section 2.0. Project Experience 3. We have provided our proposed staff in section 5.0. Project Team 4. We have provided resumes and certifications for our proposed staff in Appendix A- Resumes and Certifications 5. We will utilize our lab in Redlands for all project needs; if additional resources are required, we will utilize our lab in Monrovia 6. The rates for the services requested in the RFP are included in the completed and signed Schedule of Prices provided by the City; this has been provided in a separate sealed envelope, as requested by the City Contact information: CONVERSE CONSULTANTS Hashmi S. Quazi, Ph.D, P.E, G.E. Principal/Project Manager 10391 Corporate Drive Redlands, CA 92374 Phone: (909) 796-0544/ Cell: (909) 264-3286 Fax: (909) 796-7675 E-mail: hquazi@converseconsultants.com The extensive experience of our team members will provide the City with projects-focused results. If you have any questions or would like to discuss our submittal in greater detail, please contact the undersigned at (909) 796-0544. We appreciate the opportunity to submit our proposal and look forward to continuing our relationship with the City of San Bernardino. "- . CONVERSE CONSULT Hashmi S.E. Quazi, Ph.D., G.E. Principal Engineer/Project Manager Dis!: 6/Addressee (1 Original and 5 copies) HSQ/apd ~ Converse Consultants IICc-redlandslofficeIJOBFILE\2008\81 \238\08238 yro.doc fJ "-' [] [I rr'! '"*.' ~J n k! I fj ~ ~ U :'1 10:/ t;.J i I ~1 ~ A ~ ~ ; I I Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7, 2008 Page 3 1.0 CONVERSE CONSULTANTS "\ , Converse Consultants was founded in 1946 by Professor Frederick J. Converse in Pasadena, Califomia, to provide the construction industry with geotechnical engineering and geological services. As a pioneer in modem soil mechanics, Professor Converse developed many innovative techniques and products to deal with varied and complex foundation engineering issues. Converse Consultants (Converse) has provided professional consulting services on projects which have included tunnels, roadways, wastewater treatment plants, water reservoir and dams, public facilities, educational institutions, and residential, commercial, and industrial developments. Fred Converse 1892 - 1987 Our mission is to work together to provide responsive and quality services to our clients, with the objective of developing long-term client relationships. We have annual agreements with various cities and other public agencies throughout southern California. We can provide all the services that will be required by the City of San Bernardino under this contract. Types of Services Our services include various disciplines of geotechnical engineering, geology, earthquake studies, groundwater resources, materials testing and inspection, and environmental sciences and engineering. Our access to a large pool of qualified staff will allow us to provide services to the City in a timely fashion without compromising our high standard of service. In general, we provide services in the areas listed below: Geotechnical Foundation Engineering · Analysis of Soil and Rock Properties · Shallow and Deep Foundation for Various Types of Structures · Geotechnical Recommendations for Grading, Retaining Walls, Pavement and Slabs-on- grade · Evaluation of Settlement, Stability or Liquefaction Potential · Vibration Damping, Isolation and Monitoring · Underground Structure Investigations · Geotechnicallnstrumentation ~-~',:::l~.,. ,"." . ' , '.' "." ',..." .:',r. !fIt : ""'.,1,, ""'''''\:?i I'+-"~.;'J~, :;,:~. _ '~-j'(~:';,~rl{,}~\f. I.. <'."".'.""., , 19':'".. ".1.....:1'.".",., ,,", ,.,.....,,,,,.. , ~<(!'r" , ;',I~:A!ti lJ~ .,. .. .".,jl; '0: ~ Converse Consultants \\Cc-redlands\office\JOBF IL E\2008\81 \238\08238 _pro.doc [] n n L' t:l ~,! f t1 ~i rl n ~ t, ?J ::q ,I ~"-J n iJ fJ '"I J ._J :J oJ J ~ J 1 Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7, 2008 Page 4 Earthquake Engineering . Development of Ground Motion Criteria · Ground Motion Time Histories and Response Spectra · Slope Stability Analysis due to Earthquake Loading · Evaluation of Secondary Effects of Earthquakes, such as Liquefaction, Sand Boils, Lateral Spreading, Seiches and Tsunamis . Settlement Associated with Earthquake Loading · Mitigation of Seismic Hazards Engineering Geology and Geophysics . Geologic Mapping . Rock Mass Stability Evaluation · Fault Risk Studies · Seismic Refraction Surveys . Slope Stability and Landslide Analysis Groundwater Resources · Adverse Impact Evaluation · Aquifer Testing and Characterization . Fracture Trace Analysis · Hydrogeologic Studies · Nitrate Dilution Modeling · Water Allocation Permit · Water Supply Development · Well Design · Wellhead Protection "1 ~~'l' i . ..; ...., . .1')!-j(},';'.' '..:.'.~.......'.' ,'--, -:;. -. .''!t' .o.,"'L. Special Expertise . Fault Study . Seismic Evaluations · Groundwater Study · Landslide Evaluation and Mitigation · Environmental Assessment · Slope Stability · Seepage analysis ~ Converse Consultants \ \Cc-redlandsloffice\JOBFILE\2008181 \23e' '8238 _pro .doc f] u rl ['.! L~ [: r., nl ,;;1 k' , I LJ I o ~ ,. :.1 "J. :d:. i g :"1 j I;') 51 ~ ~ ~ ~ 1 Proposal to Provide Professional Services for On. Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, Calffomia July 7, 2008 Page 5 Special Inspection · Observation of Welding in the Field & Shop . Observation During Erection of Structural Members . Bolts & Struts Field Installation & Pull Test · Non-Destructing Testing Using Dye Penetration, Ultrasonic & Magnetic Particle · Observation During Fireproofing Placement . Asphalt Batch Plant Inspection · Observation & Testing During Asphalt Concrete Placement · Reinforcing Steel · Observe Placement of Reinforcing Steel · Verify Mill Certification Laboratory Testing We have three full service laboratories equipped to perform all the testing that will be required under this contract. As part of our continuous quality control endeavor, we participate in the American Material Reference Laboratory (AMRL) program, As a result, we are certified as a testing agency by California Department of Transportation (Caltrans), Cement and Concrete Reference Laboratory (CCRL), and Division of State Architect (DSA), These agencies certify our equipment and our personnel. Soils and material testing, conducted by our laboratories, are presented below: Soils · In Situ Moisture and Density · Sieve Analyses · Hydrometer Analyses . Los Angeles Abrasion · Sand Equivalent · Atterberg Limits · California Bearing Ratio . Modified Proctor · Consolidation · COllapse · Expansion Index · Permeability ~ Converse Consultants \ \Cc-redlands\officeIJOBFILE\2008\81 \238\08238 _pro .doc n .., fl VI [, B (J I rJ le) Proposal to Provide Professional Services for On~Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7, 2008 Page 6 · R-Value . Direct Shear . Swell · Unconfined Compression Materials Concrete & Masonry . Beams . Blocks/Cubes . Cylinders . Grout/Mortar . Prisms . Shrinkage . Shotcrete/Gunite I , Steel tu [I ~J Ii ; ] ~j j a , I i . Tensile & Bend test of reinforcing steel . Strength test of welds . Pull tests of nuts and washer Other Materials · Extraction and Gradation of Asphalt Concrete . Fireproofing · Kneading Compaction . Maximum Density of Asphalt Concrete USID . Marshall and Hveem, Method . Stability & Flow Analyses · Compressive Strength Test @ Converse Consultants \ \Cc-redlands\officeIJOBF ILE\2008\81 \238\08238 _pro.doc n ".... .--, u r.; f,'1 r '..! l.: Pi li ! [" /~ 'J . ... ";1 ,_J rr) ",I U ~ I 1':1 I"'j L ~ '1 ~ ~ ~ ~ Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7. 2008 Page 26 3.0 PROJECT UNDERSTANDING AND SCOPE OF WORK Our understanding of the City's needs and approach to meeting these needs is discussed below. Proiect UnderstandinQ It is our understanding that the City of San Bernardino will retain a consulting firm to provide professional services for on-call geotechnical investigation and construction material testing on City projects throughout the City. The selected firm will be requested to provide routine compaction, concrete, asphalt soil gradation testing services and soils borings to 15' for the duration of the contract at the fixed unit cost. Additional services may also be requested for the above items or for additional and/or specialized services on non-routine projects or issues. ScoDe of Work The project, in general, will consist of taking preliminary soil samples and analyzing them to determine the properties of the material in order to determine the soil characteristics, performing grading observations when requested, taking soil compaction tests to determine if the compaction efforts are reaching the specified level, collecting concrete cylinders from concrete placements and performing testing on same to determine compressive strength, collection of asphalt concrete placement samples and routine testing for compliance with specifications, performing soils borings to 15 feet as requested with appropriate logs for inclusion in bid documents for underground types of work, providing a geological engineer as required to consult with the City and evaluate site conditions as required, and related work as required. The majority of the work will be confined to routine soil compaction and concrete/asphalt testing. These services will be required by the City to insure contractor compliance with specifications and insure techniques used by the contractor are achieving specified results. Soil testing will be performed as required on an on-call basis and there may be no set limits on the number of tests per call out or number of sites visited. Response time of 30 minutes or less from the designated offices is required. Services We understand that the City will require services on the following: ~ Converse Consultants \ \Cc-redlands\officeIJOBF I LE\2008\81 \238\08238 Jlro .doc ~ [] f1 ~:I ~..'.'..' ;: i ;j ~ I f.J ItJ ~ 1.'.1 i~J ['1 \"",) b(' I I 11)1 he ~ f'" d f.:J ~ ~ ~ ~ Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7, 2008 Page 27 Soil testina: 1. Performing soils analysis to determine soil properties (moisture/ density/ curve and point tests to assure compliance with established curve) 2. Perform compaction testing on site by either sand cone or nuclear gauge methods 3, Provide written results of test after giving verbal results to inspection staff 4, Provide written results of R-value test as required, No analysis for optimum pavement design will be required Asphalt testina: 1, Perform asphalt concrete compaction or extraction testing on project site or project materials as directed 2, Provide written results of tests Concrete testina: 1. Taking concrete cylinder samples at site (3 cylinders per test minimum) 2. Curing, storage and testing of samples including 3.7 or 21 day break (only one break is required if the sample meets the specified strength on the first test) 3. Written results of all testing Soil borina: 1. Perform soil boring with hollow stem auger to a depth of 15 feet (includes traffic control, pavement patch and all manpower and equipment). Test may be in pavement or dirt. 2, On-site observation of soils, collection of undisturbed soil samples. blow counts and log of boring 3, Written results of bore including log of boring Other services: Converse can provide other services as listed under Section 1.0 of this proposal. Also, we can: . Provide an engineering geologist · Conduct special inspection for steel and other construction material · Conduct slope stability, shoring and foundation analysis · Evaluate rippability of materials · Conduct all types of laboratory testing on soils to determine physical characteristics and engineering properties · Provide environmental service to determine presence of hydrocarbons or other hazardous materials @ Converse Consultants \\Cc-redlandslofficeIJOBF I LE\2008181 \238108238 .,pro,doc r-1. ~j r1 o Ifi [j [ t-. ~;i Gd I .... 0:: <{ :I: () ~ <{ Z o ~ ~ Z <{ C) 0:: o ~ ~ I U 1:/ ~~': .. ~ ~> [.;. C! "'=t I ~'1 ij !.:J ~J ;] " 1 ~ J IBj1 ~ ~ '", w . . . ". ':I ~i '0 c- .I!, q - . 1l.. ,0 CJ.E E'ii ...e- . u . . :<" Q. ~- ~ . ! ~ '" Ol :i ij g; <::! III ~O=EQlIllQ. .E:ia'~E~8'S~iig ;iuo.:;.lQ>lf.lO\l_..Z ;e:O:r.C~C::'::CD>,C .t.c'E~a; >-~:; ~"'CI~ "E~ ~~-~~Q]~~~a:l . 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J ~I ., .6) i I :8 o.J GJ .il ,4. i~ ~ ~ U Proposal to Provide Professional Services for On-Call Geotechmcal Investigation and Construction Material Testing City of San Bernardino, California July 7. 2008 Page 29 5.0 PROJECT TEAM Converse has assembled a team of experienced professionals with specialized skills in the services required under this contract. We have sufficient staff to meet anv proiect demand. A brief description of the qualifications of key individuals is presented here. Resumes are provided in Appendix A - Resumes & Certifications. Principal In CharQe/Project ManaQer Hashmi S. E. Quazi, Ph. D., G. E. is a registered civil and geotechnical engineer in the State of California and has over twenty years of experience providing services in the area of geotechnical engineering and construction inspection and materials testing. He has been the project manager on similar annual contracts with other public agencies. As the designated project manager, he will coordinate our scope of services required under this contract. He will provide technical oversight and will be responsible for budget and contract negotiation for this contract. He will ascertain that our services and obligations are met in a timely manner. Dr. Quazi will be available 24/7 to respond to any need that the City might have. Additional Professional Staff William H. Chu, P.E., G.E. - Principal Engineer. has over sixteen years of experience in the fields of geotechnical investigation, engineering analysis, instrumentation installation and monitoring data analysis. Mr. Chu has also performed quality control and assurance for materials inspection and testing during construction. Mr. Chu has managed numerous large projects for geotechnical investigations and materials testing during construction. Jeff Yang, Ph.D., C.E, G.E - Principal Engineer - has more than 27 years of experience in the field of engineering design and analysis of the foundation design, liquefaction analysis, seismic induced settlement, lateral spreading, surface rnanifestation, remedial measures, and troubleshooting. His experience also includes construction inspection of commercial, industrial and governmental development projects. Roy J. Rushing, C. E. G., P.G - Lead Geologist - a certified engineering geologist and Professional Geologist registered in the State of California with over thirty years of experience in applied engineering geology. He has conducted a wide range of investigations, including hazard surveys, fault risk, slope stability/landslide, and groundwater studies for diversified structures in California, Nevada and Idaho. He has conducted and managed infrastructure and development projects encompassing all major ~ Converse Consultants \\Cc-redlands\officeIJOBFILE\2008\81 \230" 08238 _pro.doc ~ ~ ~ fl fJ IT] ~) I ~ ~ , f'J' (..' ,. -1 F i ~ ~ I ="""'1 ;1 i;.:..; "1 ',1 tic: -(-, ./ i.:J .J ~ "1 ~- . " .. ill i1 Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7. 2008 Page 30 aspects of field exploration, laboratory testing and technical analyses. Mr. Rushing has strong project management and client interaction skills, and has conducted and managed more than 200 applied geologic and geotechnical projects for public and private sector clients. Joseph Gratzer, P.G. - Project Geologist - registered in the State of California with 13 years of experience in engineering geology hazard assessment, exploration and soil inspection. As a geologist Mr. Gratzer has performed field explorations, aerial photo reviews, soils inspection, site assessment and report preparation. Mr. Grater is experienced in variety of projects including tunnels, dams, and landfills. He is proficient in 20 AUTOCAD graphics and Excel for data reduction and presentation. Mr. Gratzer has excellent ability to interface with clients and state agencies and has sharp analytical and problem solving skills, thrive on challenges and new opportunities. Lead Technician Howard Franklin will be the lead field Technician/lnspector. He is certified by Caltrans for the types of testing that will be required under this contract. Howard has over eight years of experience. Howard Franklin has over 5 years experience as a soils/materials technician both in the laboratory and in the field. He has experience on public works projects, roadway re-construction, FAA airport paving, grading, mass grading, hillside grading, commercial and residential grading, trench backfill, field and plant sampling and nuclear gage and sand cone testing. Lead Inspectors Sonny Kyi has experience in providing field and laboratory testing of construction materials, special inspection (reinforced concrete), general inspection, coordinating quality control issues with construction engineers and inspectors, and participation in quality control partnering teams. as well as the preparation of construction materials, test summaries, and reports. In the laboratory he has experience handling soil classification and testing of construction Material including concrete, soil, asphalt, grout, prism, aggregates, fireproofing. Extensive experience with testing of ceiling wire, bolt & rebar pull test, torque wrench tests, in-placed concrete strength tests. Jeremy DeWitt is Caltrans, ICBO and ACI certified and has over 8 years of experience providing soils and materials testing and inspection services. As a field technician Mr. DeWitt has provided construction inspection of soil, concrete, steel, fireproofing and masonry on public works projects, educational campuses, and residential, commercial, and industrial developments. He is experienced in field density testing of soils with sand cone and nuclear gauge test methods. He can perform sampling of aggregates for compliance/specification, interpretation of plans and specifications on grading, street improvements, and utility construction. ~ Converse Consultants \\Cc-redlands\office\JOBF IlE\2008\81 \238\08238 -pro .doc f-J ...- f] [.1 I r: ['1 ['_F bl I ~ ~ r.. I. U ':l ~, L.J iJ I [', j J J -1 j . ~1 ~'1 ., .... !':.l ., -1 Proposal to Provide Professional Services for On. Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7. 2008 Page 31 Laboratory Satish Jain has several years of proven experience working as an engineer, both in the office and in the field. He has worked on various public works and private projects in his 28 years of service. He has extensive knowledge on the various laboratory test procedures used to determine the physical characteristics of soils and other construction materials. Presently, as a laboratory manager, he conducts laboratory tests and also supervises tests performed by others. His testing procedures are compliant with the American Society for Testing and Materials (ASTM) standards, the Cement and Concrete Reference Laboratory (CCRL) and Caltrans requirements. He participates in the American Material Reference Laboratory program where his test results are evaluated and compared against 300 other laboratories throughout the United States. His performance has always been graded as outstanding. We have provided our staff qualifications in the tables below. All staff will be based out of our Redlands office. Hashmi Quazi Project Manager Ph.D., P.E., G.E. 20 William Chu Principal Engineer P.E., G.E. 17 Jeff Yang Principal Engineer Ph.D., P.G., G.E., 27 I Keyvan Footohi R. E.A. Senior Engineer P.G. 12 , Senior Engineer! Field Investiga~ G.E. r Cyrus Radvar 14 Ram Konanur Senior Engineer! Field Investigation I Ph.D. 21 I Gennady Tsarev Project Engineer I PE 7 I r Sam Chaymouni , Project Engineer IPE 20 , , I I Danny Arteaga Staff Engineer! Field Investigation I B.S. 18 f--- I Amit Bharadwaj Staff Engineer! Field Investigation I B.S. 2 I Roy Rushing I Lead Geologist P.G., CLG. 30 I P.G., CE.G, Mark Schluter Senior Engineering Geologist I C.H.G. 22 I Dunkan Walker Project Geologist ~ P.G., C.E.G. 28 ~ Converse Consultants IICc-redlands\officeIJOBFILE\2008181 \238108238 JlrO .doc ~ f") n ~ ID rn I ~ ~ LJ f"I.~." ~ I I ~ ~ ~ !l ~ ! ~ Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7, 2008 Page 32 l~osePh Gratz~; -1 Project Geologist ~. I C'ri, G';';.;"--I '.'G"","",'"" '""~'."." l .a l Ebenlyns Jones Staff Geologist B.S., P.C.C I 1= 2 2 13 Satish Jain B.S., ACI, Caltrans, ASTM, CCRL 8 Bradley Deliinger Caltrans, NICET Level II, ACI 8 Paul DeWitt CCRL, Soils 5 Jose Guzman ACI, Nuclear Gauge SOILS TECHNICIANS Name Duties CertIfications Years of Experience Gerardo Portea Soil, Asphalt and Caltrans, ACI, Nuclear Gauge 12 Concrete Eric Harris Soil and Concrete Caltrans, Nuclear Gauge 9 Howard Franklin Soil and Asphalt Caltrans, Nuclear Gauge 8 - Daniel Dismang Soil and Concrete Callrans, AGI, Nuclear Gauge 7 - _. -. Jay Navarro Soil and Goncrete Caltrans, ACI, Nuclear Gauge 7 Brian Scott Soil Callrans, AGI, Nuclear Gauge 7 -.. Brian Kaufman Soil and Concrete Caltrans, AGI, Nuclear Ga~____!...___ Michael Megana Soil and Asphalt Caltrans, Nuclear Gauge . 4 Rudy Areliano Soil Caltrans, Nuclear Gauge r- 4 I --- , r Brian Hooper I Caltrans, Nuclear Gauge I r J J 5011 ~ Converse Consultants \\Cc-redlands\office\JOBFI LE\2008\81 \238\08238 yro .doc El M ~ [] tl ~:' (J [] II I m ~ b ~ i I ~!' I'. I.- '1 !;-.-. ~., .;; ill n , ~ i Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7, 2008 Page 33 I' S K ' ICBO/ICC certified in structural steel and welding, and onny y' reinforced concrete IN~k R---------iAWS/CWI, ICBO structural steel and welding I ~ IC orno - t DSA did" t i 'nspec or, approve we Ing In spec or 26 _~ 25 i ;-/ , -- -~ Jan Bosoom AWS/CWI, ICC certified in structural steel and 20 welding, and reinforced concrete Hank Williams AWS/CWI and ICC certified inspector in structural 20 steel and welding, and reinforced concrete Piper Hankins DSA certified in concrete and masonry 20 Berge Jolakian PE, certified in structural steel, welding, masonry, and concrete 12 David Karina DSA certified in masonry 10 Jeremy DeWitt ICBO/ICC certified in masonry, fireproofing, concrete, steel and welding 8 -- John Vicente ICBO certified in reinforced concrete, ACI certified 5 concrete field testing technician Mark Burnett ICC/UBC certified in structural masonry, reinforced 5 concrete, and fireproofing ICC certified in reinforced concrete, pre-stressed Carlos Samaniego concrete, structural steel and welding, and structural 4 masonry ----~--- Kenneth Burr I AWS/CWI and DSA certified project inspector _--.l___~_____ j ~ Converse Consultants \\Cc-redlandslofficeIJOBFILE\2008\81 \238\08238 -"ro.doc n hi ,..., fl o ~' tl '.d [I ~.J I [J . ~ tJ [j i ~ r' 1'1 L> ~ ':1 ,:, ~ ';1 ~J J 1 Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material 1 esting City of San Bernardino, California July 7, 2008 Page 34 Outside Consultants/Sub Contractors Converse will utilize the services of subcontractors on an as-needed basis as required for this contract. Converse has a good working relationship with the sub-contractors/ sub-consultants listed below and feel they maintain the same high quality standards that we require for our clients. Drillers Layne GeoConstruction 11001 Etiwanda Ave Fontana, CA 92337 Tel.: (909) 390-2833 AI-Roy Drilling 19452 Shadow Hill Yorba Linda CA, 92886 Tel.: (714) 779-1710 Martini Drilling 10983 Portal Drive Los Alamitos, CA, 90720 Tel.: (714) 715-2715 Corrosion Consultants Schiff Associates 431 W Baseline Road Claremont, CA 91711 Tel.: (909) 626-0967 ~ Converse Consultants IICc-redlandslofficeIJOBFILE\2008181 \238108238 _pro .doc tl ,..' [J 17-1 tJ ft.''') i-, I r,"1 kLJ r,i ti II N l;:., ~ , ",', I','J ~, ;J 'el j i I 8 n w ~ n , I i Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7, 2008 Page 35 6.0 PROJECT MANAGEMENT Our mission is to work together to provide responsive and quality services to our clients, with the objective of developing long-term client relationships. Our approach to managing your projects is discussed below. Proiect Manaaer The project manager (PM) from our office will be the single point of contact with your Construction Managers/Inspectors. He will be available 24/7 to respond to any requests from the City. The PM will discuss the contractor's progress with the Construction Manager weekly and forecast the man-hours required for staffing of all inspection and testing activities. Based on the contractors schedule and sequencing of activities our PM will project the staff requirement. This will enable us to respond to any demand. Schedulina and Service Coordination/DisDatcher Our Field Services Coordinator (FSC) will be the single point of contact to take requests for our services from your representatives. We request 24 hours advance notice, however, we will make every attempt to respond to shorter notice. Based on the specific project requirements the FSC will schedule technicians to be at the site on the day and time requested. With this single point of contact we will effectively reduce the chances of miscommunication and/or technicians failure to be at the site on time. Our FSC will be available between 7:30 a.m. and 5:00 p.m. Laboratorv Services Our laboratory is fully staffed between 7 a.m. and 5 p.m. During that time, we have personnel available to conduct the testing required to support construction related projects. The project engineer will ensure that the field personnel are supplied with the laboratory test results as soon as they are due or within 24 hours of the time the samoles are delivered to the laboratorv. In case of large testing demand, we will increase the number of laboratory technicians, schedule testing on a night shift, or seek the assistance of the laboratories in our other branch offices. Communications All Southern California Converse field personnel and project managers are equipped with digital telephones. This enables instant contact between the FSC and the filed staff to avoid miscommunications and failure of technicians to be on-site when required. This communication system also provides the field personnel immediate access to the project manager, avoiding the potential for mistakes and costly delays and reworks. Billinas We will invoice the City for services rendered on a monthly basis. If services for more than one project in a month are being billed, a cost breakdown will be provided showing the @ Converse Consultants \\Cc-rediands\officeIJOBFll E\2008\81 \238 08238_pro.doc i. t r1 n r.. i <':"J n : i r: lJ l:' "I I I rj r" t,:,. ;I ; .t<'i , ::J '{ il I 'I J 1 j 1 ;.;1 ~ , ! Proposal to Provide Professional Services for On Call Geotechnical Investigation and Construction Materia! Testing City of San Bernardino, California July 7, 2008 Page 36 cost attributable to each project Projects will be clearly identified with our company name, project name, location and the name of the city employee requesting the service, Invoices will be supported by back-up documents, including copies of all involved employees' time sheets, The time sheets will be prepared by the individual employee in the normal course of his/her regular time and billing cycle, In the event of disputed charges, we will make available to the city of San Bernardino supporting documents as requested, ~ Converse Consultants i iCc-redlandsiofficeiJOBF ILEi2008i81 i238i08238 _pro,doc k] ...., fl Fl L EJ [I I fJ ~ fJ f"21 ~:I b~ i e [] D ~ ~ ~ ! Proposal to Provide Professional Services for On.CaH Geotechnical Investigation and Construction Material Testing City of San Bernardino. California July 7. 200B Page 37 7.0. QUALITY CONTROL Converse has an established presence in the state of California and we are familiar with the technical, regulatory and political climate involved in construction activities. Converse works with a single purpose for our clients: to thoroughly assess and properly document testing and inspection activities, and to comply with the Uniform Building Code, ASTM, AASHTO and applicable federal, state, and local regulations. Converse laboratories meet and strive to exceed industry standards. Participating in sample test reference programs administered by AASHTO for soils, fine aggregates, coarse aggregates and bituminous materials, Converse's laboratories carry the certifications required by local agencies and the industry. CCRL performs periodic inspections of Converse and AMRL distributes and evaluates the results of proficiency test samples. Their inspections verify compliance of the Quality Control Manual (QMC) to the ASTM and AASHTO standards, verify our compliance with: the policies and procedures contained in this QCM, equipment with the ASTM and AASHTO standard testing procedures, and our technicians in performance of tests in accordance with the standard testing procedures. As a result of these AMRL and CCRL services and the compliance of Converse with their standards, Converse is accredited by AASHTO, the Army Corps of Engineers, Caltrans, and the Division of the State Architect (DSA). Converse is accredited in Portland Cement Concrete, Portland Cement Concrete Aggregates, Soils, Bituminous Concrete, Bituminous Concrete Aggregates, Masonry Products and Fireproofing. The Technician Training and Competency Review policy and procedures, each technician, regardless of their Converse personnel classification or outside agency certifications, will have one of the fOllowing training status classifications for each test they perform: Trained with Current Competency Verification (V), Trained with Competency Verification Holding (H), Trainee (T), or not qualified. It is the responsibility of the individuals assigning a test to a technician and the technicians to whom work is assigned to assure that technician is properly trained with current competency verification for the testing task to which they are assigned. Each piece of field and laboratory testing equipment is listed on the Equipment Inventory Log and assigned an equipment number. For each piece of equipment, an Equipment Calibration Record form is completed and the calibration record maintained. The Equipment Inventory Log and Equipment Calibration Record forms are maintained in a master file located in the laboratory manager's office. Converse will provide the City with evidence of insurance liability and abide by the City's Risk Management procedures. Our observation, findings and recommendations will be provided in accordance with generally accepted professional engineering principals and ~ Converse Consultants \ \Cc-redlands\officeIJOBFILE\200BiB 1 \23B\OB238 -pro.doc [l r, ~l [i "' [j [j ! o I -, t! F'l ! _-~ I k"j I I v "1. ,. l;.,/ ] 'I] ~ ] ~ g Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7. 2008 Page 38 practice in this area 01 Southern California. Unless we hear differently we will assume that these conditions are acceptable to you. We will maintain required professional licenses and registration during the life of the Agreement with the City. (i) Converse Consultants \ \Cc-redlands\officeIJOBFILE\2008\81 \238\08238 ....Pro.doc [I ftl m ~ fij II ~ I ~ ~ b [J I I '.~.' ":.'1 ~ !j ~ m I ~ ~ ; Proposal to Provide Professional Services for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, California July 7. 2008 Page 39 8.0. COMMENTS Based on the review of the RFP and Draft Agreement, we have the following comments: Draft AQreement Converse has read the Draft copy of the agreement for on-call geotechnical and construction material testing services. We will comply with all the terms and conditions. However, we request the City to consider the following modifications: Section 5.2.(b), Line 3: Please insert at the end of line 3 "10 days notice for non- payment of premium." Section 6.10, Line 4: Before "Consultant agrees that any such..." insert "Except as may be required by law." Office location Converse office is located just outside the southern boundary of the city of San Bernardino. We have about 35 permanent staff working out of this office. Our travel time to the City Hall is about 15 minutes. San Bernardino Business Reaistration Converse possesses a business license to provide services within the city of San Bernardino. A copy of our business registration certificate is included. ~ Converse Consultants \\Cc-redlands\officeIJOBFILE\2008\81 \238\08238 _pro .doc F.l ti ~ [) ~ Ei [! I ~ ! ~I [I I I ~ ~I ~;, ~ !fi1 , ttJ ~ '" O!; Zu .. - Q2: ~5 ~~ ...12 =F- ~~ "'(; ...", o~ ~r:l ...'" .. - u~ .. 1='5 > u 0 ~ ~ii oE' s' i .~ ~~ . , ~ " o~ i H ~~ ~ -f . . .~ h hi~ l.~ .~~ ~ .;.~ ;,fj .0 .g~ ;z.~ rn i~ l-i 5 -_~~ ~; e. t.'- b-E f- ~] .~~ z .." :-13 ~ - g- .!2~ l"""" !.8 H :5 HHi ~ ... '6 a.l!l g ."'otl::: UHf ~ ~-H~~~ ~ =< ~~~~..:s ;,: 'E, R'I ~.B u :::J ~~ ~!=.2 I;f} ~ Hl~i ~ ~ * m . t~ [ en 5 ~ 2.g-l:i~~~zc:: g r:: , < .g .0 a-, E zg H - Ot! -] 1=- tJ <:S oS.! ~ ,,;:;;; 0... .!It il >< ~f w I~ E.. '"ll: ~"'... ;;;>=0 o ~. u:E~ 1.1;;;> <:~ :: 00 < g .. !::! '" '" e <: '" Q 0 ~ z ~ -' ::> '" z o u w '" '" w > Z P ~ "'!" ~~ w r~ -' '-'~ '1j~ ~u " ~ tr o W f- ~ o a. tr o U ~ 0> '" o ~ ~ z ~ -' ::> '" z o u w '" '" '" ~ o u "'z -0 ~i= -< ..'" ",0 ..~ '" ~8 a- o '" ~ 0::'" 0;:) wa- f- " ~i5 o " ..", "'0 8~ --' "'0 "'w s'" '" "' ::l :>: z '" < 0 " Z 0::: ~ r:? z ~ ~ ~ ~ r- ... .. < =i ;0 < '" :>: ATTACHMENT 2 TO EXHIBIT C @ Converse Consultants Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services July 7, 2008 Michael W. Grubbs, P.E. City of San Bernardino 300 North "D" Street, 3'd floor San Bernardino, CA 92418 Subject: SCHEDULE OF PRICES FOR ON-CALL GEOTECHNICAL INVESTIGATION AND CONSTRUCTION MATERIAL TESTING City of San Bernardino, California Converse Project No. 08-81-238-00 Dear Mr. Grubbs: Enclosed is Schedule of Prices for On-Call Geotechnical Investigation and Construction Material Testing to the Public Works Division of the Development Services Department of the City of San Bernardino. This proposal is submitted in response to your "Request for Proposal," dated June 4,2008. In compliance with the RFP, we are enclosing: · Completed and Signed Schedule of Prices · Schedule of hourly rates for work not covered by the Schedule of Prices Our fees are based on the following assumptions: · Our rates do not include overtime work. Work over 40 hours weekly will be charged at 1.5 times the regular hourly rate. In accordance with the prevailing wage laws, weekends will be charged at 1.5 times the regular hourly rate and holidays will be charged at 2.0 times the regular hourly rate. · For on-call services only test results will be provided. No verification report will be provided to indicate that the project was completed in substantial compliance with the plan and specification. . It is understood by both contracting parties that this is a prevailing wage project as defined in Labor Code Sections 1770-1780. n '.,1 " 10391 CGrporate Dnve. Redlands, California 92374 TeJephcne (909) :96-0544 . F<'Ir~lmilp' ,f.lnQ\ 7QR.7R7l:; . 0."..,.,,;]. ."...I..,"',.,...(r"""~"'''~'~M___'''__L Schedule of Prices for On-Call Geotechnical Investigation and Construction Material Testing City of San Bernardino, CalWomia July 7, 2008 Page 2 . Our field representative will not direct, supervise, or layout the work of the contractor, Our services will not include a review or evaluation of the contractor's safety measures on or near the project. . Any meetings and/or consultation(s) requested by the client will also be charged in accordance with the attached Schedules of Fees. Please do not hesitate to contact the undersigned at (909) 796-0544 if you have any questions or wish to discuss this proposal in greater detail. CONVERSE CON~S ..:-- ~ Hashmi S.E. Quazi, Ph.D., G.E, Principal Engineer/Project Manager Encl: Completed and Signed Schedule of Prices Schedules of Fees (PW 2008, GL T 2008, MTS 2008) ~ Converse Consultants I\Cc-redlands\0IliceIJOBFILE\2008181 \238108238_ cost.doc " l&~~"!:<":'~'&"'~'~@;k~J;~r!r- -V~~..':\:~. ~, _.~ SCHEDULE OF PRICES ON.CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES w July 7, 2008 (To be submittll~ .ir,z sealed .Invelope separat.. r"t'lm proposal documents) The under"igned Proposer, if offered, hereby certifies that )t will execute the attached AgreA71lmt for Services and accept an annual purChase orde~ effective on the date the A~reement is approved by the Mayor and Common Council an,; running through June ,jO, 2009 for Geotechnical Investigations and Construction Materi"fl Testing Services for Capital Improvement Projects on an as-needed basis with no guaranteed usage. The undersigned Proposer understands that, if exercised by the City, an optional one- year extension, as provided in the agreement, shall be effective on 0,' about July 1, 2009 and running through June 30, 2010, and that actual option year pricif'g shall be negotiated with the Proposer prior to exercising of any giVen option year; however, the option year extension shall not become effective until issuance by the City of Co duly authorized Purchase Order. Please prOVide detaUed Firm Fixed Prices in the spaces provided on Sheet 2 of this Schedule of Prices. Indicate any other incidental or additional Prices required for complying with the Technical Specification requirements in the space provided below, A.. 'he.. eny olhe, 'ddm",1 '" ''''~en''l Prioes. whioh Will be '11"'" by YO", fl"" '0 order to meet the requirements of the Technical Specifications? 0 (Yes or No), If you answered "Yes", please provide details of said additional prices: This offer shall remain firm for 90 days from RFP Closing date. Terms and conditions as set forth in this RFP apply to this submittal, Page 1 of 3 , . , Schedule of Prices for On-Call Geotechnical Investigations and Construction Materials Testing 07-07-2008 Estimated Total Annual Unit Description Unit Price Price Quantitv 1,000 ea Compaction Testing (1 - 4 per site visit) $95 $95,000 including curves 1,000 ea Compaction Testing (5 - 20 per site $85 $85,000 visit) including curves 200 ea Compaction Testing (20+ per site visit) $60 $12,000 including curves 20 ea Concrete Cylinders (includes $150 $3,000 collection, tests and report) 20 ea Asphalt Extractions $150 $3,000 40 ea Asphalt Compaction $150 $6,000 40 ea Soil Gradation/Screen Analysis $80 $3,200 500 ea Grading observation $80 $40,000 200 ea Engineering Geological Investigation & $110 $22,000 Consulting 40 ea Soil Boring to 15' $350 $14,000 40 ea Pavement Bore (Asphalt) $65 $2,600 40 ea Concrete Core $65 $2,600 TOTAL ESTIMATED ANNUAL COST $288,400 , . \ . SCHEDULE OF PRICES (Continued) ON-CALL GEOTECHNICAL INVESTIGATIONS AND CONSTRUCTION MATERIAL TESTING SERVICES In signing this offer, Proposer warrants that all certifications and documents requested herein are attached and properly completed and signed. Authorized Signature: Print Signer's Name and Title: ~ - ~- Date Signed: Company Name & Address: 1:k::tPhrn'( 6 . qt --e5 ; :\!..lnC'r\ ~~ .JU\ _-:::r ,. B C.O'<t~ COt-%:5\J~ J~~<-=1 \ C~b~\"tr;;. ~ -a::,\....A-NU5J c..Pr 9' 2. 2T4 Phone: Fax: -3Q9 -f9&:;- 7';;;';:15 Page 3 of 3 CONVERSE CONSULTANTS Prevailing Wage Schedule of Fees Personnel Introduction it IS the objective of Converse Consultants to provide Its clients with quality professional and technical services and a continuing source of professional advice and opinions Services will be performed In a manner consistent with tnal !evel of care and skill ordlnanly exefClsed by members of the profession currently practicing In rhe same locality under Similar conditIOns ThiS fee sChedule IS valid tt1rough January 31. 2009 Hourly Charges for Personnel Staff assignments vvill depend on personnel availability. Job complexity, project site location and expenence level required to satisfy the lechnlcal requirements of the project and to meet the prevailing standard of professional care Field Technical Services Construction Inspector - ACIIlCBO and/or AWS/CWI certified (concrete, post-tension, masonry. structural steel, fireproofing, includes concrete batch plant and local steel fabrication inspectiorls) $75 DSA Masonry Inspector '78 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant, skidmore. pull testing, torque testing, Schmidt hammer. and pachometer) 85 Salls Technician (SOil, base, asphalt concrete and moisture emission testing) 90 Supervisory Soils Technician 95 Sample Pick-up 50 Professional Services (Field and Office) Slaff Professional $80 Senior Staff Professional 85 Project Professional 105 Project Manager 115 Senior ProfeSSional 135 Principal ProfeSSional 160 Laboratory Testing laboratory TechniCIan (unit prices for routine tests quoted upon request: Schedules of Fees) $65 see Geotechnical Laboratory Testing and Matenals Testing Services Office Support CleflcalfWord Processing Drafting CAD Operator/Drafting Manager $60 65 70 Overtime and special shift rates for Field Technical Services personnel are determined in accordance W'Ith Prevailing Wage law Travel time to and from the Job site will be charged at the hourly rates for the appropriate personnel Expenses 1 Exploration expenses (drilling, trenching, etc) are charged at cost plus fifteen percent 2 Travel and subsistence expenses (transportation, room and board, etc,) for indiViduals on projects requinng travel andlor living away from a prinCIpal office are charged at cost plus fifteen percent 3 Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at a rate of fifty-five cents per mIle for company- owned vehicles traveling between principal office and project 4 Other oul-ot-pockel direct project expenses (aerial photos, long-distance telephone calls, permits. bonds, outside printing services. tests, etc.) are Charged at cost plus fifteen percent Invoices ,nvoices will be submitted to the Client on a monthly baSIS. and a final bill will be submilled upon completion of services 2 Payment IS due upon presentatIOn of inVOice and is past-due thirty days frlJm inVOice date In the event Client tails 10 make any payment 10 Converse when due, Cunverse may Immediately cease work hereunder until said payment. together with a service srarge at the rate of eighteen percent per annum (but not exceeding the maximum 3l1o'Ned by !r.lw) from the due date. has been "eCelved, FUl1her, Converse may at Its sole option and dlscretior, refuse to perform any further work Irrespect!ve of paymenf 'ram Cj,er,tlr: the event Client lalls 10 pay Converse for serJlces when said payments are due '::i1ent shall pay attorneys fees or oll":er costs incurred In Conf'!ctmg ::;ny delinquent amount General Conditions The ~erms and prOVISions of the Converse General Conditions are incorporated Into thiS fee schedule as though set forth In full If a copy of the '-.3eneral Cor,']I!lons does not accompany thiS fee schedule, Client should request a .:opy from ~hls office "H,c, Ll"~', ",,;,' ~ CONVERSE CONSULTANTS Schedule of Fees Geotechnical Laboratory Testing Compensation for laboratory testing services WIt! be made In accordance with this fee scheduie Costs of tests not on thiS schedule will be by quote and/or in accordance with our current hourly fee schedule The rates are t;ased or non-cortamlr,ated sari A surcharge will be charged for handling contaminated matenal. which will be determined based on tt"le prOject IDENTIFICATION AND INDEX PROPERTIES TESTS Visual ClassIfication. ASTM D2488 Englneenng ClassIfication ASTM D2487 MOisture Content MOisture Content & Dry (Bulk) DenSity. ASTM D2216 & D2937 MOisture Content. ASTM D2216 Shnnkage Limit ASTM D427 Atterberg Limits. ASTM D4318 Several pOints One pOint Particle Size AnalysIs. ASTM 0422 Fine Sieve (From +#200 to #4) Coarse Sieve (From +#200 to 3 In). Hydrometer Percent Passing #200 Sieve, ASTM 01140 Specific Gravity . Fine (passing #4 sieve), ASTM 0854 . . Coarse (retained on #4 Sieve), ASTM C127 Sand EqUivalent Test Oouble Hydrometer DisperSion, ASTM D4221 800 1500 1500 1000 85.00 8000 4000 8000 8000 85.00 45.00 70.00 7000 75.00 15000 COMPACTION AND BEARING STRENGTH Standard Proctor Compaction, ASTM 0698 or ASTM 01557- 91 Method A or B. Method C (6-lnch mold) . California Impact Method (Caltrans 216) R-value. ASTM D2844 California Bearing Ratio (C8R), ASTM D1883 1 pomt 3 pOint Relative Density o 1 cubic foot mold. 0.5 cubic foot mold SHEAR STRENGTH Torvane/Pocket Penetrometer Olfect Shear (per pOint) QUick Test _ Consolidated - Drained (granular salt) ASTM 03080.. Consolidated - Drained (fine grained sod) ASTM D3080 CO!lsolldated - Undrained {fine grained) Fesldual Strength per Cycle Remolded Specimens. per specimen ..12000 13000 200.00 24000 12500 325 00 200 00 300.00 2000 6000 14000 200 00 12000 4500 4500 STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS (PER POINT) UnCO'1f:red Ccmpresslon. ASTM 2166 [jr;sor:so!ldate,j - Un,jralned. ASTM 02050 ConsoliLjated - Undrained (per po!nt) Conso!ld::lted - Drained (.per pOint) VJlt'r: Pcre Pressure Measurement. per 'oad R~m(.ide,j SpeClrnens per speCimen 7500 110 GO i'JO 00 700 00 : 5000 45.10 CONSOLIDA nON AND SWELL COLLAPSE TESTS 8 Load Increments Addlttonalload increment Time-Ratio. per load increment Single POint (collapse test) Single Load Swel" ASTM D4546 Ring Sample Field MOisture Ring Sample, Air Dned Remolded Sample, per specimen ExpanSion Index Test, UBC 29-2/ASTM 04829 18000 30.00 6000 6000 65.00 65.00 45.00 8000 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM D2434 Failing Head FleXible Wall, ASTM 05084 TelaXlal Permeablhty, EPA 9100 Remolded Specimen, per specimen 25000 300 00 350 00 50.00 CHEMICAL TESTS Corrosivity (pH, resistivity sulfates. chlorides) Organic Content ASTM 02974 15000 65.00 Conditions: Unrt rates presented on tl'1is fee schedule are for routinely performed geotechnical laboratory tests Numerous other earth material physical tests can be performed in our geotechnical laboratOries. inclL;dlng rock care, sOil cement and sail hme mixture tests Tests not Irsted can be qlJoted upon request ThiS fee schedule is '.alid through January 31,2009 Pnces are based on the assumption that samples are ul"contamlnated and do not contain ."leavy metals. aCids. carcinogens and/or volatile organics whiCh can be measured by <In organiC vapor analyzer or photolonlzatlon detector with a concentration greater Ihan 50 parts-per-million I,ppm}. Quoted testing fees are based on the assumption that no protective clothing Will be requored to handle samples, If level 0 protective clottHng Will be reqUired dunng handlmg of samples (as def,ned In ll"'e Feoeral CFR Part 1910120). then a 40% Increase In fees presented In tn,s schedule will be applied, Level C proter::tive dott'Llng Will be a 60% ,ncrease in fees Converse will not handle samples that reqUire either Level a or Level A protection In our geotechmcal laboratories Contaminated samples Wlil be returned to the client Uncontamlflated samples Will be disposed 01:30 days after presentation of test results The ciie"l must disclose Ihe source of samples Sam pies ,mported from out of state Will be Inr::lnerated afler !esllng In .lccordance ,~Ith 'eqLrlrel'T'en~s of the Un.ted Slate,; Dep<lr:Il,enl cf hgrlculture 50;1 samples c:btamed wlth,r'l the StatE! of C.;illfcrr'lla currflrlly oes,gnated quarar:tlne areas Will also be InCinerated In accordarce With tre requirement 01 the Stale of Californld Depanment of Food and Agriculture. DIVISIOn of Plant Industry Pest ExclUSion A $5 00 InCineration fee Will be added to each sample that IS required to be Incwerated'l"! accordance woth State ;,nd Federal law 'est 'esu!ls requorlng plC-!SMII be presen!eo 'n ,1 p~blosr.dble fcr....,at generated !r0m computer r;rogr.1ms Cthe:"Wlse. '3W :Est numbers Will be presented A ,TIf"I""1UIT' ;ab(f::;t(j~ fee of S50:)1) W'II be .:harqed to presentar.cl maltesl ~esults !:eYCT1d Ihe s!ar'ldard 'J. S ".~all fjelo'.ery 5~e<:lallzed transmittal ....ol! oe .:harged at 1dd'tI0na! cost Ie 9 Federa! E~press UPS etc', r,eotechf1,cal test,rq .jces r'oJt 'T1clL;de en<;;ilneer'''9 dndlor ')eologlc re'.,I"W and In;ll~sls TYPical t'-,~r'arou"d ~or :;eotecrr':':'JI 'iltOr;H0r'( :esl"'g 5 lW(, t,eei<.s lor '():Jgh!. ten ,,..:ri<,~g rlays) To (C>;;e<:Ue lest tl.Jrn-arG,-,nd t,:; "./e wor. ng .-J;),.s .] 50"~. ,.',crease In Ihe ~ees ,,., ths ,(~,"r.hl:e N'!I ce Olp[;,ed ~.i;;ry :;l;'-"lecr"~"~a: 'e"ts 'e'Ju.fe at least ,)n,,: .....ee"- 10 ,".u1Gr:-:'1 n .1c(,~rdar:r:e 'N;~" !i"e':'ST~,~ ,;I::."11;'r "tJ,v'jard ',;ec:.','~~:H..:'r$ Fees uesente.'j :n t~'s ;cred'J'c 'or 'e':lt",e1f J~.1 SIUlte,~ d:r"n ~r.('al ':(Jnso,.(:atoOr'lor ",cans-ell 1:lfSSLlre !1'sts ,lre tils2n:":,' !~e "15S"iT'pl'Cn !~,ll ::;::..r1cr.d'i'lf"eler ,2"; :c-"'('; I"'.',je 'l:,]ro'frer,' ora55 '''Q "<.l"1pl~s '.,i! te j:~':'-' :1e,l 10 ('"Ie If:Ole-:l;r,..:al 'JbOr,llol'f 'or :e~I;r1,< Re'T1~'ldeO '~('c,rr;e~s".r'I1 t_e .:crnr;3c:ed In ~I,;r,da'd;;' 5.r.r.h '~'.J:slde ,j,a..,..,e'€' hr;-;~S '.n'lS fo' '~irPd st:eal ~CI"'iO!'CI.ltll)'~ ard f'(rar~,on OrESSt..re tfSts ;'.!i r,"e~ p'I',e~tf'u ;n :~"o; s(;:-<~d,,;e :lre ':;.1<;etj on lile .15sc;m"t'or. :r,at the ,:I,ent 'IV,:: :Jell,tr ',1r'cle~, to [;1,1 :;ll;o;Jtcry at ~0 ,]1(1:1,01'<11 r05t 10 (~'-'I'~.p.rse ,nVD',;es '11"1 r:e ,~,'Ied 1110n'I".ly ,mn :l't' rayilt;le on 'ece,pl 11'"d""5 ..tnn"..,,;e ....J:e<C..~ ..:)Gn ;rrer"o;! cf 1 j" r:,'" "'''<lIe. ':'"t 1"01 f'~.;rl!'~I.lg !r.e 11'.~,;rlh;'1~ ji'(~,^c".l iJ', .J'N: ,VII! L)e '.'..!y.lt;"e :') ,'1"/ ,'"rrclJl'l ~'C' C,l,d Mtbn '~."l'i '~,hl<.. p<J'II'~ent .~.Ff.-..dtfl ',: L'" -'.r:r~I",1 rl,~t;r; I'~ 1;,<,"<' .."",,"-;1 ..[',j ',",en :,) lhe ~)r. ,<.,plt:. ',np..,iJ ml 1 ~ 11,,"1 :,1 :,11 C>:1V .In. ,1t''':.r:',",,~ I,.,:,>; '~I ,~l!',"r ,,: ,I", .r"~'.'lr,-.(j III ,'r,:"'::.)q.I".yC':"i',(l,_.'nl,lI'1'!l":::; CONVERSE CONSULTANTS Schedule of Fees Materials Testing Services CompensatJon for laboratory testing services will be based on rates In accordance with this scneduJe Costs of tests ndt on thIs schedule wilt be by quote andier In accordance with our current hourly fee schedule Our sel\lrces will be performed In accordance with the General Conditions This fee schedule IS valtd through January 31,2009 AGGREGATES MOIsture Content (ASTM 02216) Particle Size Analysis Coarse (ASTM C136). each Coarse and fine (ASTM C136 & 137) each Specific Gravity & Absorption Coarse Aggregate (ASTM C127) Fine Aggregate (ASTM C1281 Unit weight per cubic foot (ASTM C29) Soundness-Sodium or Magnesium (ASTM C88),each PotentiOl Alkali Reactivity (ASTM 02891 Freeze Thaw Soundness Los Angeles Abrasion, per class (ASTM C131, C535) Sand Equivalent (ASTM 02419) L;ghtweighl Particles (ASTM C1231. each Clay Lumps and Fnable Particles (ASTM C142), each Stripping test (ASTM 01664), each Organic Impurities (ASTM C40) DurabilIty $1000 6000 14000 80.00 80.00 5000 200.00 300.00 175.00 210.00 7000 7500 10000 65.00 6000 . By Quote CONCRETE TESTS Laboratory Tnal Balch (ASTM C192)... Laboratory Mix Design, historical data Compression Test, 6"x 12" cylinder (ASTM C39), each ,. Light Weight Concrete Ccmpression Unit Weight. Specimen preparation, trimming or coring, each Bond Slrength (ASTM C321) Prepared by Converse Prepared by Others Core Compression Test (ASTM C12), each Flexure test, 6"x 6" beams (ASTM C78), each Modulus of Elasticity - Static (ASTM C469), each Length Change (3 bars, 5 readings each, up to 26 days) (ASTM C157) Splitting Tensile, 6" x 12" cylinders. each Field Concrete Control (sampling, slump. temperature, cas I 4 cylinders. molds, cylinder pick-up_ within 10 ml of office, stand-by extra) ASTM/UBC. hourly rate schedule. or each Cylinder Field Concrete Control (same as above plus air content lest) ASTM/UBC. hourly rate schedule, or each Cylinder Hold Cylinder Cylinder Mold sent to Job site but not casted by ~eturned to Converse By Quote By Quote 23.00 2300 2300 4500 120.00 6000 45.00 60.00 110.00 250 00 5000 7000 8000 700 COr1verse or 500 ~JASONRY (ASTM C140, E447 USC STANDARD 24-22) ;.'11c'slure Content, as received each A.t,sorpt'on each ~'ompresslon each S~"Hiflkage:ASTM C426) each Net Area .1r.d Volume, each Masonry Bloc~s per set of 9 ~"asenry c.Jre Compress:on, each ivt15.:Ji;ry Core Shear, each rvlJsonrv Core Tr:mm'ng, e3ch c-:IT'D~eSS!cn Test grouted prisms 8 x 8" '( 16' each "':'P'l';'sSlon Test, groufed ;:r~srns :;' .( If:':( i6 ledch 20 CO 5000 4000 90 CO 2500 650 00 4500 5000 4500 j 10 00 14G <)0 r,.' ~" ,';1' ASPHALTIC CONCRETE Stability, Flow, and Untt Weight. ASTM 06927 Marshall ASTM 01559. ASTM 02726. Measured MaXimum SpecIfic Gravity of Mix (ASTM 02041) (RICoS Method), each. . Void Analysis of Cores or Marshall SpecImens Calculations Only (ASTM 03203) set of 2 or 3.. Laboratory MIxing of Asphalt & Concrete, per sample Complete Asphalt Concrete Mix Design (Hveem or Marshall) By Quote ExtracltOn of Asphalt and Gradation (ASTM 02172, Method BI Or California 310. Including ash correctlon, each 150.00 Extraction of Rubbenzed Asphalt and Gradation. each,. . 170.00 SpecifiC Gravity (ASTM 02726 or ASTM 01188) uncoated coated Immersion-Compression Particle coating (ASTM 2489). Slripplng (ASTM 01664). Moisture or Volatile Distillates in pavIng mixtures, or materials containing petroleum products or byproducts Retained Strength (ASTM 01074/01075) 6 specimens Retained Stability, MH, Std, 520A. Method 104. 6 specimens CBR. ASTM 01883, Includmg MID CUNe, 1 pOInt Asphalt Temperature Compression Test 2" x 4" Mortar Cylinder, each 3" x 6" Grout Prisms, each r Cubes (ASTM C109). each Cast by others Mortar or Grout Mix Designs. FIREPROOFING TESTS Oven Dry DenSity (per sample) MOISTURE EMISSION TEST MOisture Emission Test Kit STRUCTURAL STEEL Te~slle Test. #11 Bar or Smaller, each Bend Test #11 Bar or Smaller. each Tensile Test. #14 Bar, each TenSile Test. #18 Bar, each Rebar coupler tenSile test TenSile Test \iiJelded #11 Bar or S"1Jller each TenSile Test Welded #14 Bar eacn Tensile Test Welded #1 S Bar each TenSile Test. Mechanically Spliced Bar, #11 Bar or SmJ:ler each Tenstle Test, MeChanically SplIced Bar. #14 Bar each HIGH STRENGTH BOL T. NUT AND WASHER TESTING Wedge TenSI:e Test for A490 Bolts U:1der 100000 ibs, each Over 1 OO,GOO Ibs each Wedge Tensl:e Test for A325 Bells Under EJQ ~)GO ibs ~:lch ;. ;'.' , r.'. :. ".' ,~, '. '-'; ,.. ~ 23.00 2300 23.00 .2300 By Quote 5000 ..35.00 150.00 15000 ..75.00 35.00 50.00 85.00 95.00 400.00 4500 .50.00 12000 By Quote By Quote 210 00 1500 4500 4000 11500 31000 6500 5000 110.00 300 00 t50.00 31000 4500 5500 5000