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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:
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Agenda Item No. ~
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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:
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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.
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((Q)fPl[
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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.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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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
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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.
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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
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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:
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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
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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.
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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.
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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
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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,
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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
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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.
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6.12. Responsibilitv for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification and/or
explanation as may be required by the City's representative, regarding any services rendered
under this Agreement at no additional cost to City. In the event that an error or omission
attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all
necessary design drawings, estimates and other Consultant professional services necessary to
rectify and correct the matter to the sole satisfaction of City and to participate in any meeting
required with regard to the correction.
6.13. Prohibited Emplovment. Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the 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
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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.
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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
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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
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A TT ACHMENT 1 TO EXHIBIT A
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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
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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.
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1'08087
,j uly 3, 2008
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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.
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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.
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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.
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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.
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POS087
July :3, 2008
Page 4
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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.
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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.
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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.
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Be available for any scheduled meetings with the City and/or the project Construction
Contractor.
(Resumes of our principals are included in the appendix.)
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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Mark Hulett
President
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[]\ WITNESS WHEREOF, the undersigned have executed the Agreement as of this
day of
,2008.
BY:
BY:
Mark Hulett
TITLE:
TITLE:
President
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NOT TRANSFERABLE . MUST HAVE A COLOR BACKGROl:l\"! ,/-.'" ....
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ACCOUNT
NUMBER
907211
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DATE PAID
04/25/2008
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QI,l,'}<ER, FIR..\1 OR
CORPORA TIO]\;
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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' ,
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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
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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
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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
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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
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Laboratory Qualification is valid for one year
011 April 14. 200S this laboratory "as qualified by:
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iLIl(((l(.r,' (:.,rei "C(tr/~
David K. Farden
District 81, Independent Assurance
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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
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note: This certlftcate IS valid as long as the Acceplance Tester complies with
applicable requirements in Caltrans Indepelldent Assurance Program Manual.
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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
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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.
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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.
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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
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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,
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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
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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
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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
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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
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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
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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:/,
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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.
;
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. 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.
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S~n Di~go . Irvine . R(~ncho Cucamonga . Los Anqeles . Oakland . Las Veaas . PhoeniX . Denvpr . FI p~~()
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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
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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
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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
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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
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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
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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
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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.
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P-13750
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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
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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
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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.
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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
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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
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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.
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KE~P F"ORYOUR RECOROS
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RUSlNtSS lUlGlSTRATlQI'l CkRTIFICATE
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NUMBER
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26358
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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
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AVRAM NlNYO
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BUSlf'll.iSS NM11:
ATTENTION
MAILtNu ADIJRli:SS
NINYO" MOOR8. INC
$n.oo
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5710 RUFFIN RD
SAN DIEGO. CA 9212).1013
j('({.chcl G. LI~,a';;:
CITY CI EnK
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CITY OF SAN BERNARDINI
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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
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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.......................................................................................... $
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Concrete/Asphan Batch Plant Inspector ...................................... ................................... ...................................... $
Special Inspector, Reinforced Concrete. ....................................... ................................. ............................. ......... $
Special Inspector, Pre-stressed Concrete........................ .... ..... .... .............................................................. ......... $
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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
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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<ies 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
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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
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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
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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.
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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
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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,
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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
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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
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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
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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
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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
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A TT ACHMENT 1 TO EXHIBIT C
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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
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Converse Project No. 08-81-238-00
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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.
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10391 Corporate Drive, Redlands, California 92374
Telephone: (909) 796-0544 . Facsimile: (909) 796-7675 . e-mail: redlands@converseconsultants_com
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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
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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
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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
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Special Expertise
. Fault Study
. Seismic Evaluations
· Groundwater Study
· Landslide Evaluation and Mitigation
· Environmental Assessment
· Slope Stability
· Seepage analysis
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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
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July 7, 2008
Page 6
· R-Value
. Direct Shear
. Swell
· Unconfined Compression
Materials
Concrete & Masonry
. Beams
. Blocks/Cubes
. Cylinders
. Grout/Mortar
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. Pull tests of nuts and washer
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· 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
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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:
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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
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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
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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.
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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
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Gennady Tsarev Project Engineer I PE 7
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Project Engineer IPE 20
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I Danny Arteaga Staff Engineer! Field Investigation I B.S. 18
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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
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July 7, 2008
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B.S., ACI, Caltrans, ASTM, CCRL
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Bradley Deliinger
Caltrans, NICET Level II, ACI
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Paul DeWitt
CCRL, Soils
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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
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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
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Jan Bosoom AWS/CWI, ICC certified in structural steel and 20
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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
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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
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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
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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,
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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
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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
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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
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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
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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:
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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
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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