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HomeMy WebLinkAboutNINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTSNSUNANKU ON FII -E ,lory h,w PflO(,EED UNTil INSUANCE. EXPIRLS CLERK Of UO ICIL DATEDEC 17 M AGREEMENT TO PROVIDE ON-CALL GEOTECHNICAL ENGINEERING SERVICES A-2018-286 RVfAct) Rkt,, LAIPTHIS AGREEMENT is made and entered into on this 20th day of November, 2018 by and between Ninyo & Moore Geotechnical & Environmental Sciences Consultants, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 14, 2018, the City issued Request for Proposal No. 18-045 ("RFP") by which it sought consultants to provide on-call geotechnical services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-045. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES On an on-call basis, and at the sole discretion of the City, Consultant shall perform the geotechnical services described in the scope of work that was included in RFP No. 18-045 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Cost Proposal attached as Exhibit B. Consultant is one of three consultants selected to provide geotechnical engineering services on an on-call basis under RFP No. 18-045. The total compensation for services provided by all consultants selected under RFP No. 18-045 shall not exceed a total combined aggregate amount of $600,000 during the term of the Agreement, including any extension periods. Page I of 8 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on November 19, 2021, unless terminated earlier in accordance with Section 16 below. The term of this Agreement may be extended for one 2 -year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Page 2 of 8 Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty Page 3 of 8 (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 8 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 5 of 8 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 6 of 8 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635: To Consultant: Ninyo & Moore 475 Goddard, Suite 200 Irvine, CA 92618 Attn: Kurt Yoshii, Principal -in -Charge Page 7 of 8 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar �%^ - Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney /n BY: John M.Lfunk Assistant City Attorney Public FOR APPROVAL: veiss, PE, PLS Director rks Agency CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: Ninyo & Moore KY: Kurt S. 45KII, PE, GE Title: Principal Engineer Page 8 of 8 EXHIBIT A SCOPE OF SERVICES Contents 1. STATEMENT OF QUALIFICATIONS...............................................................................................1 A. Cover Letter.................................................................................................................................... l B. Agreement Statements.................................................................................................................3 C. Firm Team and Experience.........................................................................................................3 D. Understanding of Need................................................................................................................8 E. Relevant Experience................................................................................................................... 10 F. References................................................................................................................................... 14 2. SCOPE OF SERVICES AND SCHEDULE.................................................................................... 15 3. FEE PROPOSAL................................................................................................................................ 19 4. CERTIFICATIONS..............................................................................................................................19 Attachments Separate Sealed Fee Proposal Appendices Appendix A— Resumes of Key Personnel Appendix B — Required Forms Ninyo & Moore I Geotechnical Engineering Services I Proposal No, 04-01922 1 July 12, 2018 / W71/n&M®tire IF AW Geotechnical & Environmental Scums Consultants A. Cover Letter July 12, 2018 Proposal No. PO4-01922 City of Santa Ana Attn: Armando Fernandez Public Works Agency 20 Civic Center Plaza 3rd Floor Reception, Ross Annex Santa Ana, California 92701 Subject: Proposal to Provide Geotechnical Engineering Services City of Santa Ana Public Works Agency RFP No. 18-045 Dear Mr. Fernandez Ninyo & Moore Geotechnical & Environmental Sciences Consultants, a California corporation, is pleased to submit this proposal to provide the City of Santa Ana (City) with Geotechnical Engi- neering services in response to the City's Request for Proposal (RFP) issued June 14, 2018 and Addendum No. 1 dated June 28, 2018. We understand that our services will be performed on an on-call or as -needed basis. We fully understand the type of services the City requires, and are ready to meet your needs by making available a dedicated team of professionals who have the requisite experience and resources to successfully complete task assignments. Ninyo & Moore has successfully provided similar geotechnical, special inspection, and materials testing services to many cities on an as-needed/on-call basis and has developed an effective project management approach. Some of the advantages offered by Ninyo & Moore to the ben- efit of the City include: 0 Relevant Experience - A proven track record of effectively providing similar geotechnical, materials testing, and special inspection services throughout Orange County utilizing as - needed contracts for public agencies, including the cities of Santa Ana, Anaheim, Brea, Cerritos, Dana Point, Diamond Bar, Fountain Valley, Huntington Beach, Irvine, La Habra, Lake Forest, Newport Beach, Rancho Santa Margarita, and Yorba Linda, as well as many cities in Los Angeles, Riverside, and San Bernardino Counties. We have also provided as - needed services to many county agencies including Orange County Public Works, Orange County Transportation Authority, Orange County Sanitation District, John Wayne Airport Authority, and Caltrans District 12. ® Ready to Start Work Immediately — The resources of Ninyo & Moore, one of the largest geotechnical consulting firms in southern California employing more than 400 professionals and possessing five fully -equipped, in-house soil and materials testing laboratories in Cali- fornia (three in southern California), has the manpower and equipment necessary to provide the required services for this contract and we are ready to start work immediately. 0 Experienced Professionals — A project team composed of highly experienced and Cali- fornia licensed geotechnical engineers, certified engineering geologists, civil engineers, Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 geologists, hydrogeologists, County of Los Angeles certified construction inspectors, and Caltrans certified field and laboratory technicians that are available for this contract. WJ Certified Laboratories and Equipment — Our laboratories have been certified/accredited by various agencies including the City of Los Angeles, Caltrans, Division of the State Archi- tect (DSA), American Association of State Highway and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratory (CCRL), and many other public agencies. We emphasize that the opportunity to provide services to the City of Santa Ana Public Works Agency is of great importance to us. We are fully prepared to make every possible commitment needed for successful and timely completion of task orders assigned to us. As the contact person who is authorized to make legally binding commitments for Ninyo & Moore, I will be readily available and can be reached at our Irvine office, 475 Goddard, Suite 200, Irvine, California 92618; by phone, (949) 753-7070, extension 12233; and/or by email kyo- shii@ninyoandmoore.com, to answer any questions during your evaluation period. We look forward to the opportunity to discuss our capabilities with you personally. Ninyo & Moore appre- ciates the City of Santa Ana's' favorable consideration of our proposal. Respectfully submitted, NINYO & M09RE f� Kurt S. Yosi E, GE Principal Engineer GMS/klb Distribution: (6) 5 hard copies, 1 upload to PlanetBids Ninyo & Moore I Geotechnical Engineering Services I Proposal No, 04-01922 I July 12, 2018 B. Agreement Statements Ninyo & Moore has reviewed the provisions of the sample Agreement contained in Attachment 2 of the RFP, and we concur with the contract terms outlined. Ninyo & Moore understands that services performed under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. C. Firm Team and Experience Firm Profile Ninyo & Moore, a California corporation, was established in 1986 to provide high-quality con- sulting services in geotechnical engineering, construction inspection and materials testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assess- ment. Ninyo & Moore has the financial resources and organizational capabilities to conduct and complete tasks as assigned under the proposed on-call contract. Ninyo & Moore is financially strong and has been rated as such by Dun and Bradstreet (Number 15-410-4079). We are committed to being responsive, thorough, technically sound, and active in the business com- munity. Ninyo & Moore serves its clients through offices in Irvine, Los Angeles, Fontana, San Diego (corporate headquarters), Oakland, Alameda, San Francisco, San Jose, and Sacramen- to, California; Phoenix, Prescott, and Tucson, Arizona; Las Vegas, Nevada; Denver and Broomfield, Colorado; Salt Lake City, Utah; and Houston, Texas. Ninyo & Moore has the equipment and trained personnel to perform the required geotechnical and materials laboratory testing services in-house, in one of our three fully -equipped, certified geotechnical and construction materials laboratory facilities in southern California. Our laborato- ries are supervised by registered engineers and are certified by the City of Los Angeles, Caltrans, California Division of the State Architect (DSA), American Association of State High- way and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratories (CCRL), the U.S. Army Corps of Engineers, and other regulatory agencies. As part of our labor- atory accreditation, we have written quality control procedures for laboratory testing, which includes training and certification of both our laboratory personnel and testing equipment. La- boratory testing for task orders issued under the proposed on-call contract will be performed in our local Irvine (Orange County) laboratory. For over 30 years, Ninyo & Moore has become a specialist in providing on-call services for pub- lic agencies. We have developed a management approach that enables us to provide our clients with responsive, efficient, and cost effective services utilizing master agreement/on-call contracts with specific task order work assignment authorizations. The success of our approach is demonstrated through our long list of successful public agency on-call services contracts and the continued renewal of these contracts. Some of the agencies for which Ninyo & Moore has been awarded on-call service contracts include the cities of Santa Ana, Anaheim, Brea, Cerri- tos, Dana Point, Diamond Bar, Fountain Valley, Huntington Beach, Irvine, La Habra, Lake Forest, Newport Beach, Rancho Santa Margarita, Yorba Linda, Corona, Riverside, Moreno Val- ley, Murrieta, Temecula, San Bernardino, Fontana, Rancho Cucamonga, and Rialto; Caltrans District 12, John Wayne Airport, Orange County Transportation Agency, the County of Los An- geles, Port of Long Beach, and many other agencies in southern California. We will utilize the project management approach we have developed over the years to provide the City of Santa Ana with responsive service by qualified and certified personnel that will be supported by in-house technical expertise and equipment resources. Ninyo & Moore I Geotechnical Engineering Services I Proposal No, 04-01922 1 July 12, 2018 Project Team Mr. Garreth Saiki, PE, GE, will manage this on-call contract and will be responsible for ensuring that each task order assigned to us is performed in accordance with the contractual obligations. Mr. Saiki will be responsible for managing this on-call contract utilizing our on-call management approach. If for some unforeseen reason he is not available, Mr. Kurt Yoshii, PE, GE, our Prin- cipal -in -Charge, will step in his place and assume the responsibilities. The following paragraphs provide detailed qualifications of our key staff for this contract. Our Project Manager, Mr. Garreth Saiki, PE, GE, is a registered Civil Engineer and Geotech- nical Engineer in the State of California and holds a Master Degree in Geotechnical Engineering from the University of California, Berkeley, as well as a Master Degree in Business Administra- tion from the University of California, Davis. Mr. Saiki has more than 32 years of experience in the geotechnical field, the past 20 years at Ninyo & Moore. Mr. Saiki has managed various ge- otechnical evaluations, including pavement designs, for public facilities and commercial developments including highways and local streets, airfields, parking lots, bridges, railroads, pipelines, pump stations, reservoirs, retention basins, graded slopes, retaining walls, low-rise and high-rise buildings, and parking structures. As the Contract Manager, Mr. Saiki will be re- sponsible for the performance of each task order assigned under this contract. He provides supervision of our engineering and field staff to ensure that the work performed meets the City's requirements for schedule, content, and budget. He provides project coordination and over- sees scheduling of field activities, supervises staff -level geologists and engineers, supervises field technicians and special inspectors, reviews project plans and specifications, and reviews laboratory test results for conformance with the project documents, including the International Building Code (IBC), California Building Code (CBC), Federal Aviation Administration (FAA), State Department of Transportation (Caltrans), American Association of State Highway and Transportation Officials (AASHTO), and the Standard Specifications for Public Works Construc- tion (Greenbook). Mr. Saiki's on-call project management experience includes the cities of Brea, Huntington Beach, Irvine, Lake Forest, La Habra and Los Angeles; John Wayne Airport, County of Orange, and the Orange County Sanitation District. Our senior professional who will be the Principal -in -Charge for this contract is Mr. Kurt Yoshii, PE, GE. Mr. Yoshii is a licensed Civil and Geotechnical Engineer in California with over 27 years of geotechnical experience. Mr. Yoshii graduated from the University of California at Berkeley with a degree in Civil Engineering and for the past 23 years Mr. Yoshii has been employed at Ninyo & Moore where he has personally performed various aspects of geotechnical engineering and materials testing services, from site development and planning through construction on public works projects. He has personally managed on-call contracts Ninyo & Moore was award- ed throughout Orange County. With this experience, he will be responsible for ensuring that Ninyo & Moore's team's performance meets or exceeds the City's expectations. In addition to his extensive background in geotechnical engineering design and construction, he also pro- vides geotechnical forensic evaluations, expert witness, as well as third party review services. Mr. Yoshii's diverse experience enables him to provide practical solutions to his projects and he will utilize his unique experience in the Principal oversight of this important City contract. Our Quality Assurance and Materials Engineering Technical Advisor is Mr. Lawrence Lovett. Mr. Lovett is a licensed Civil Engineer in California and holds a degree in Civil Engineer- ing from the University of Maryland, as well as a Masters Degree in Business Administration from New York State University, and has more than 50 years of experience in materials testing and inspection services. Mr. Lovett's was instrumental in development of Ninyo & Moore's in- house Quality Assurance program for materials testing and inspection services and he will serve as an additional resource for technical expertise on materials testing and inspection is- sues for the City. Mr. Lovett's experience includes numerous new construction projects for the Ninyo & Moore I Geotechnical Englneering Services I Proposal No, 04-01922 1 July 12, 2018 County of Los Angeles Department of Public Works, City of Los Angeles, LAUSD, and POLB. He also serves as an expert witness for construction materials related issues on foren- sics/litigation cases. Our proposed Field Services Manager, who will be the single point -of -contact for the day-to- day field activities, including scheduling our field material testing and inspection personnel, is Mr. Steve Solis. Mr. Solis has more than 30 years of experience and holds various certifications through Caltrans and the American Concrete Institute (ACI). As field services manager, he has provided field services management for numerous soils and materials testing and inspection projects, including the many of our current on-call contracts for as -needed geotechnical, mate- rials testing and inspection services. His experience also includes managing field services for other public agency on-call contracts, various cities and other county agencies. Our Laboratory Manager will be Mr. James Dalgity. Mr. Dalgity is responsible for performing quality control and quality assurance testing of soil, aggregate, asphalt, and concrete materials in accordance with applicable ASTM, AASHTO, ACI, and Caltrans standards. As a technician, Mr. Dalgity has extensive experience providing both field and laboratory testing of soils and construction materials and maintains his current soils and materials testing certifications from ACI and Caltrans. He provides geotechnical observation and testing services during earthwork operations, including mass grading operations, trench and wall backfill, and roadway and build- ing pad subgrade preparation. Mr. Dalgity also has experience in the requirements and specifications in Greenbook for public works construction projects, as well as the requirements of Caltrans for testing frequencies, test methods, and record keeping as described in Caltrans Standard Specifications, Standard Special Provisions, and the Caltrans Construction Manual. The proposed project team personnel are highly qualified and experienced ciplines, and possess working knowledge of the required documents following table includes the key personnel described above. The resum personnel are provided in Appendix A. Ninyo & Moore I Geotechnical Engineering Services I Proposal No, 04-01922 1 July 12, 2018 in their specific dis- and standards. The es of the key project Kurt S. Yoshii, PE, GE B.S. Civil Engineering 27 35% Principal -in -Charge PE 54759 (California) Advisor - QA GE 2508 (California) Garreth Saiki, PE, GE M. S. Geotechnical Engineering 32 65% Project B.S. Civil Engineering Manager M.B.A Laboratory Manager PE 49665 (California) GE 2509 (California) Lawrence Lovett, PE M.B.A. 50 50% Technical B.S, Civil Engineering Advisor - QA PE 50994 (California) 'Materials - Engineering' James Dalgity ACI Concrete Field Testing Technician Grade 1 13 75% Laboratory Manager ACI Aggregate Testing Technician Level I ACI Concrete Strength Testing Technician ACI Concrete Laboratory Technician Level 1 ACI Concrete Laboratory Testing Technician Level 2 CPB Radiation Safety Officer #50338 Caltrans TL -0111 Certification Steve Solis City of LA Grading Inspector 30 75% Field Services ICC Soils Special Inspector Manager ACI Field Testing Technician Grade I Radiation (Nuclear Gauge) User Safety The following table is a sampling of our inspectors and technicians available for this contract. Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 6 Specialty Inspector Paul 4 x z x x Medina Special Inspector Ryan Bigger 4 x x x Specialty x x Inspector/ Field Technician Dave Meras 21 x x z x x Special Inspector / Field Technician Matthew Jacobs 10 x x x x Senior Field Technician Steve Eck 28 x x x x Senior Field Technician Lincoln Linn 17 x x x x Senior Field Technician Steve Moudy 17 x x x Senior Field Technician Enamel Haque 26 x x x x Senior Field Technician George 26 x x Schubert Senior Field Technician Eugene Frazier 16 x Senior Field Technician Masoud 20 x x Khoshnevis Senior Field Technician Vance L, Hunter 17 x Senior Field Technician x x x x x x x x Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 7 D. Understanding of Need Ninyo & Moore will utilize the project management style and approach that we have successful- ly developed for past and current on-call contracts with public agencies. Throughout the contract duration, Mr. Garreth Saiki, our proposed Project Manager and single point of contact for the City, will meet with the representative(s) of the City to discuss task order assignments, project concerns, permits required, anticipated services required for those projects and close- out requirements. Upon notification of a task order request, we will commence our services. Our approach to our geotechnical, materials testing and inspection services is described in the following flowchart. 1. Develop Scope of Work — The initial step in our approach is to meet with the City Project manager in order to get clear understanding of the project and our expected services. For the geotechnical evaluation, we will develop a detailed scope of work, including the number and type of subsurface explorations, laboratory test, as well as the type of analyses. For the materials testing and inspection services, we will review the approved plans and specifi- cations and will develop a detailed scope of services indicating anticipated man-hours by discipline for the required materials testing and inspection services. We will submit this plan to the City Project Manager for approval and will provide monthly updates to the City Project Manager as construction progresses. 2. Project Personnel Utilization — Upon approval of our scope of work, we will assign the appro- priately certified personnel to the project based on the specific needs of the project. Our large pool of licensed professional geotechnical engi- neers, civil engineers, and certified engineering geologists will be utilized for our geotechnical investigation. Our multiple -certified certified special deputy inspectors and our certified field and laboratory technicians will be readily avail- able for assignment during construction. Our project management approach and in-house computerized data base ensure that we have the appropriately certified personnel assigned during construction. We will also review the contractor's schedule in order to plan accord- ingly and anticipate the future inspections and testing requests. 0 Sampling Protocol and Document Control — We will next establish the sampling protocols required for the project, based on the project specifications and the requirements of Building Code, Greenbook, and other governing specifications. Our document control tem provides unique identification of daily reports and laboratory conformance testing each project assignment. These systems are a part of our Quality Systems Program will be utilized for each task order assignment. the sys- for and 4. Establish Communication Lines — The next step in our approach is to establish the com- munication lines for the project, including the authorized City representative who will be requesting our services. We will also request the approved distribution list for our inspec- tion reports, daily field reports, and laboratory conformance test results. On past projects, Agency Project Managers have coordinated our services in the field and distributed our re- ports. On other past projects, we were scheduled by on-site City Inspectors and distributed our reports to the approved distribution list. We will provide our services to meet the City's needs. Often we will attend pre -construction meetings with the contractor and obtain from Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 the City the approved distribution list for our materials testing and inspection reports as well as our laboratory conformance testing results. We will also provide the county representa- tives with our personnel's Smart Phone mobile telephone numbers and e-mail addresses for communication during the project. We will also establish the communication lines between the City Project Manager, City Inspector, and the contractors' and sub -contractors' repre- sentatives. 5. Utilize Our Project Controls — Ninyo & Moore utilizes an internal project control system that includes budget, schedule, and document review and control. Our project manager will utilize our in-house system to keep the City Project Manager informed about the status of our services during our materials testing and inspection services during construction. We include monthly progress reports indicating the amount billed to date along with a compari- son to the overall task order budget and the overall construction schedule. Our quality control includes review of our laboratory conformance test results by a California licensed engineer and geotechnical analysis review by a California licensed Geotechnical Engineer. 6. Perform Field and Laboratory Testing — When construction commences, we will provide the necessary personnel and equipment to inspect and test the construction materials quali- ty and contractor's construction methods in order to document conformance to the project plans and specifications. We will also sample the construction materials as required and perform laboratory conformance tests as specified. The results of our inspections and tests will be forwarded to the City representatives at the end of each working day. Immediate no- tification will be provided via phone, e-mail, and/or fax if we find non-conformance in materials or workmanship. Our local laboratory facilities has the capability to perform 100 percent of the soils and materials laboratory work for this contract. They are certified in compliance with ASTM E-329 and are approved/accredited by the City of Los Angeles, Divi- sion of the State Architect (DSA), Metropolitan Transportation Authority (Metro), Caltrans, and the Cement and Concrete Reference Laboratory (CCRL). 7. Quality Assurance Review — We understand the importance of reliability of our inspections and test results. Therefore, we have a Quality Assurance Plan in place that provides written procedures for our services. Our Quality Assurance Plan is overseen by a California li- censed Quality Engineer and include review of our training procedures, as well as participation in third party review and inspection of our facilities. All of our laboratory con- formance tests are reviewed by a California licensed engineer prior to submittal. 8. Reports — Written reports are required for project documentation. We will submit our writ- ten reports, including both our geotechnical investigation report and our written reports during construction, as established in the communications structure for the project that was determined during the project initiation stage. Passing tests and inspections will be filed in accordance with the document control system. Non -conforming reports will be maintained in a non-conformance log that will be maintained by our office. Non-conformance areas will need to be remedied in accordance with the project requirements. When non -conforming materials or workmanship are remedied, we will document the acceptance in the non- conformance log for project close-out purposes. 9. Project Close -Out — The final step in our approach is the closing out of the project and providing the project documentation, as it relates to materials testing and inspection, to the City. Ninyo & Moore I Geotechnical Engineering Services I Proposal No, 04-01922 1 July 12, 2018 E. Relevant Experience The following are detailed descriptions of some of Ninyo & Moore's relevant projects in the past five years successfully completed by our staff that demonstrate our competence to perform work similar in scope and magnitude to that required for this project. City of Santa Ana On -Call Geotechnical, Special Inspection and Materials Testing Client: City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Contact: Mr. Tyrone Chesanek; (714) 647-5045 Dates: 2016 — On-going Ninyo & Moore is providing on-call geotechnical, special inspection and materials testing ser- vices to the City of Santa Ana for the Public Works Agency's Capital Improvement Program. Projects include street pavement, traffic signals, underground utilities, buildings and park improvements. The scope of work includes inspection and testing for construction involving grading, soils, base material, reinforced concrete and masonry, asphalt con- crete, structural steel, and painting. Specific projects include Pacific Electric Park project, the Walnut Pump Station Building Upgrade project, and most recently, the West Grove Valley Water Main project. City of Rancho Santa Margarita, On -Call Geotechnical Consulting and Materials Testing Services Client: City of Rancho Santa Margarita 22112 EI Paseo, Rancho Santa Margarita CA 92688 Contact: Mr. E. (Max) Maximous; (949) 635-1805 Dates: 2010 — On-going Ninyo & Moore has provided on-call geotechnical engineering consulting and material testing services for various City projects. Our services included geotechnical observation and materials testing services for various construction projects including numerous pavement rehabilitation projects, pavement slurry seal, and drainage improvements and third -party review of geotech- nical reports, emergency observation of slope failures resulting from heavy rain events. The projects that included geotechnical and materials testing services were Antonio Parkway drainage improvements, Melinda Road pavement rehabilitation, Robinson Ranch Road pave- ment rehabilitation, Avenida Empresa and Santa Margarita Parkway intersection improvements, and the slurry seal program. The Trabuco Highlands slope failure project only involved ge- otechnical consulting services. Services included geologic mapping, logging and sampling of exploratory test pits and borings, project coordination, review of previous reports and plans at the City, engineering analysis, attending home owner association meeting, laboratory testing and preparation and updates of draft report. Alicia Parkway pavement resurfacing and Robin- son Ranch Road traffic calming involved materials testing services. The specific third -party review projects consisted of the Lakeshore South, Bell Canyon Drive drainage enhancement, and review of the grading permit for Phase II of the proposed athletic building at the Santa Mar- garita Catholic High School. Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 10 Orange County Public Works, On -Call Materials Testing Services Client: Orange County Public Works 1152 E. Fruit Street, Santa Ana, California 92701 Contact: Ms. Hualin Hsu-Wingard; (714) 647-39643 Dates: 2013-2016 Ninyo & Moore was retained to provide geotechnical, materials testing & inspection services for various capital improvements projects in the County of Orange. Below a few of the recent pro- jects Ninyo & Moore has provided services to the County of Orange on: Three task orders under this contract included 1) materials testing services for the Lincoln Ave- nue Bridge widening in Anaheim; 2) Lambert Road Bikeway project where Ninyo & Moore managed, scheduled and oversaw the sub -consultant's work for Failing Weight Deflection (FWD) Testing on Lambert Road and the QA of testing data and the final reports prepared by sub -consultant, Dynatest; and 3) Low Impact Development (LID) retrofit that involved percola- tion testing at the Osborne and Gates buildings and parking structure at 300 and 320 North Flower Street in Santa Ana. The purpose of our testing was to evaluate the percolation rates of the soil at locations selected by the County of Orange to assist in the design of a possible storm water runoff infiltration system. As -Needed Construction Materials and Soils Testing Services Client: City of Brea 1 Civic Center Circle, Brea, California 92821 Contact: Mr. Steve Kooyman; (714) 990-7657 Dates: 2011 -2014 Ninyo & Moore was retained to provide on-call construction materials and soils testing services during the various construction and reconstruction projects for the City of Brea. Our geotech- nical engineering staff, as well as field testing personnel, worked closely with the City of Brea Public Works staff to see that each project is constructed in accordance with the approved doc- uments. We have provided geotechnical engineering and construction materials and soils testing services for various roadway reconstruction and new pipeline installation projects, as well as geotechnical and materials testing services for The Tracks at Brea — Segment 3 project. Ninyo & Moore's construction materials and soils testing services included project coordination and management to assist the City in maintaining each project's fiscal budget, as well as review of each project's field density testing and laboratory test results. The purpose of our services was to assist the City with checking to see that the construction was performed in accordance with approved plans and specifications, as well as governing standards. We have provide construction materials and soils testing services for the various projects in- cluding the Elm Street Resurfacing and Waterline Replacement Project, Infiltration Testing City Maintenance Yard Project, War Memorial Structure Project, Master Plan Sewer Upgrade Phase 4 Project , Birch Street Median Enhancement Phase 1 Project, and the Birch Street Median En- hancement Phase 2 Project. Geotechnical Engineering, Materials Testing, Construction Observation and Inspection Services for Improvement Projects at John Wayne Airport Client: John Wayne Airport/County of Orange 3160 Airway Avenue, Costa Mesa, CA 92626 Contact: Mr. Larry Serafini, Deputy Airport Director (949) 252-5270 Dates: 2003 - On-going Ninyo & Moore was retained by John Wayne Airport to provide as -requested geotechnical engi- neering, materials testing, and special (deputy) inspection services for various Airport improvement projects, including the key Terminal C expansion project. The terms of the con- Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 11 tract was for five years up to a cumulative $8,350,000 over the contract period. Ninyo & Moore's services included construction support services involving special (deputy) inspection for rein- forced concrete, structural masonry, structural steel and welding, non-destructive testing, and fireproofing. We performed field sampling and testing of construction materials, and we also provided laboratory testing of soil, concrete, steel, and other materials. In addition, Ninyo & Moore provided geotechnical services for new airport facilities. Design work involved subsur- face evaluation, laboratory testing, geotechnical analysis for geologic hazards such as liquefaction, seismic shaking, and settlement, and providing geotechnical design parameters for foundations, slabs, retaining walls, and pavement. Specific Airport projects for which Ninyo & Moore provided geotechnical services under this contract included the following: City of Fontana, On -Call Geotechnical Consulting Services, Fontana, California Client: City of Fontana, Community Development Department 8353 Sierra Avenue, Fontana, California 92335 Reference: Mr. Ricardo Sandoval: (909) 350-7613 Dates: 1995 - On -Going Ninyo & Moore has provided continuous on-call geotechnical testing services for the City of Fontana, Community Development Department since 1995. During this period, Ninyo & Moore has provided geotechnical design services, geologic evaluations, third party review, and soils and materials testing and inspection services for over 60 projects for various departments at the City, including Public Works, Building and Safety and Community Development. Our services have included geotechnical design, geotechnical observation and testing and materials testing and inspection services, including reinforced concrete, masonry, and welding inspection ser- vices. Geologic mapping and third party technical review for fault evaluations was performed for the City as well as third party geologic and geotechnical review of grading plans for pro- posed residential development that included blasting and disposal of oversize rock materials. During construction of public works projects, we provided soils and materials testing services to evaluate the construction materials conformance to the project specifications. Our services in- cluding field density testing of storm drain and sewer main trench backfill, subgrade preparation for sidewalks, curbs, gutters, and roadways, and materials testing and laboratory conformance testing of import soils, base materials, portland cement concrete and asphalt concrete materi- als. Our services consisted of performing laboratory maximum dry density and optimum moisture content tests and performing in-place field density tests of backfill and subgrade mate- rials in accordance with project specifications. We have also performed post -construction evaluations and materials testing including coring of asphalt concrete pavement to evaluate thickness, density and material type, as well as in-place field density testing of trench backfill and roadway subgrade utilizing sand cone test methods as well as third party review of com- paction grouting operations. Upon completion of a project, we submitted a written report to the City of Fontana, as requested, which summarized the results of our geotechnical, materials testing, and third party review services. City of Rancho Cucamonga, On -Call Materials Testing Services Client: City of Rancho Cucamonga 10500 Civic Center Drive, Rancho Cucamonga, California 91729 Reference: Mr. Jerry Dyer: (909) 477-2740 Dates: 2003 — On -Going Ninyo & Moore was retained to provide annual soils and materials testing services for various improvements projects throughout the City of Rancho Cucamonga, California. Projects have included various pavement rehabilitations, street and storm drain improvements, pedestrian bridges over bike trails, landscaping, park improvements, and parking lot rehabilitations. Our scope of services included project coordination and management; performing aggregate grada- tions and verification of asphalt concrete and cement concrete mix designs in general Ninyo & Moore I Geotechnical Engineering Services I Proposal No, 04-01922 1 July 12, 2018 12 accordance with ASTM standards; field technician services for observation, sampling, testing and documentation during subgrade, aggregate base preparation, trench backfill, and place- ment of asphalt concrete; batch plant inspection services which include observation, sampling, and documentation during asphalt production at the plant. In addition, we provided laboratory testing of soils, aggregates, asphalt concrete, and portland cement concrete which included maximum density, optimum moisture content, R -value, extraction (% asphalt), asphalt concrete maximum density, and concrete compressive strength. Ninyo & Moore also provided pick-up and transportation of construction material samples for testing at our laboratory including field samples and batch plant samples, preparation of daily observation reports and test data sheets. Ninyo & Moore I Geotechnical Engineering Services I Proposal No, 04-01922 1 July 12, 2018 13 F. References Ninyo & Moore has extensive experience with projects similar in scope and complexity to the services described in the RFP. We have successfully performed services under numerous simi- lar as -needed geotechnical/materials testing/inspection services contracts for governmental agencies, private industry, and commercial clients in accordance with applicable federal, state, and local government regulations and/or guidelines. The following table provides a sample of Ninyo & Moore's additional public agency references for the last five years that are most rele- vant in size and scope to the services that may be requested by the City. All references listed in the previous related experience section may be contacted as a reference for Ninyo & Moore. Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 14 Orange County Public Geotechnical consulting, Materials Testing Orange County Mr. Ted Deng, Works, On -Call and Inspection Services for various capital Public Works Senior Civil Engineer Materials Testingimprovement projects for the County. (714) 667-8831 Services City of Anaheim, On- Geotechnical engineering consulting and City of Anaheim Ms. Kelli Tunnicliff Call Professional material testing services for various City Contract Manager Services projects. (714) 765-5176 City of Rancho Santa Geotechnical engineering consulting and City of Rancho Mr. E (Max) Maximous, Margarita, On -Call material testing services for various City Santa Margarita Public Works Geotechnical projects. Director/City Engineer Consulting and (Currently with the City of Materials Testing Yorba Linda) Services (949) 635.-1805 Irvine Ranch Water Geotechnical, Materials Testing and Special Irvine Ranch Water Mr. Billy Stewart District, On -Call Inspection Services for various water District Senior Engineer Geotechnical Services projects for the District. (949)453-5696 County of Los Angeles Geotechnical design services, geologic County of Los An- Mr. Greg Johnson On -Call Geotechnical, evaluations, third party review, and soils geles Supervising Engineering Materials Testing & and materials testing and inspection Geologist II Inspection Services p services for over 150 projects for various departments at the County. (626) 458-5100 Los Angeles Unified Geotechnical consulting, materials testing Los Angeles Uni- Mr, Peyman Soroosh School District/On-Call and inspection services on over 550 task fied School District Moghadam —Supervising Materials Testing and orders for various K-12 school projects. Structural Engineer Inspection Services (213) 241-0317 City of Los Angeles, Providing Geotechnical investigations, `construction City of Los Angeles Mr. Patrick Schmidt On -Call Geotechnical support services, including Group Manager and Environmental geotechnical observation and testing during Geotechnical construction and hazardous materials (213) 847-0535 evaluations for soils, groundwater, and building materials, including asbestos and lead paint. City of Rancho Geotechnical engineering consulting and City of Rancho Mr. Jerry Dyer Cucamonga, Annual material testing services for various City Cucamonga Senior Civil Engineer Soils and Materials projects. (909) 477-2700 Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 14 2. SCOPE OF SERVICES AND SCHEDULE Based on our review of the City's RFP, we understand that our services will include as - requested geotechnical engineering services for various types of projects located throughout the City of Santa Ana. The RFP indicates that the projects may include street pavement, traffic signals, underground utilities, buildings and park improvements. The anticipated scope of work includes inspection and testing for construction involving grading, soils, base material, rein- forced concrete and masonry, asphalt concrete, structural steel, and painting. Ninyo & Moore can provide the anticipated services in the RFP. Our services will be performed in accordance with applicable laws of the State of California and the requirements of the City of Santa Ana guidelines and ordinances, OSHA Construction Industry Standards, California Code of Regula- tions, South Coast Air Quality Management District Regulations, and other applicable codes. Testing will be performed in accordance with the latest addition of the Standard Specifications for Public Works Construction ("Greenbook"), Caltrans, ASTM and applicable standard test methods. We have included a scope of services for soils and materials testing and special inspections. Site specific scopes of work will be developed for each specific project assignment. Example scopes are provided below. Scope of Services Geotechnical Design • Project coordination, including meeting with the representatives of the Agency and their de- sign team to discuss our scope of work. • Review of preliminary project plans, geologic and seismic hazard maps, and readily availa- ble 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 appro- priate, in general accordance with the W.A.T.C.H. manual. • Laboratory testing of representative soil samples to evaluate the soil characteristics. La- boratory testing may include in-situ moisture and dry density, gradation, maximum density and optimum moisture content, consolidation and expansion potential, expansion index, consolidation, shear strength, corrosivity and sulfate content, and R -value testing. • Data compilation and geotechnical analysis of field and laboratory data. Our analyses will address the following: • Suitability of the site for the proposed construction from a geotechnical perspective. • 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. Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 is • Evaluation of slope stability under static and seismic conditions. • Excavation and compaction requirements, including suitability of the on-site soils for use as fill and/or trench backfill. • 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. • Evaluation of the potential for liquefaction. • Evaluation of the corrosion potential of the on-site soils. • Evaluation of pavement design for the proposed roadway sections, as applicable. • Preparation of a written report presenting the results of our field exploration, laboratory test- ing, and engineering analyses, as well as our conclusions and recommendations relative to the geotechnical aspects of project design and construction. • Upon substantial completion of the project plans and specifications, Ninyo & Moore can 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. These services can be performed if requested and au- thorized. Soils and Materials Testing & Special Inspection Services Our soils and materials testing and inspection services may include the following, depending on the requirements of the specific task order assignment: • Project coordination and client liaison, including scheduling of personnel to provide observa- tion and materials testing services and meeting attendance. • Review of readily available background materials pertaining to the site, including geotech- nical reports, project plans, and specifications. • Attendance at pre -construction and field meetings as requested by the client. • On-site soil and materials testing and inspection during construction on an as -requested basis. Our inspection services will be performed in accordance with the applicable building codes requirements project's plans and specifications. Our soils and materials testing and inspection services can include the following: • Field observation and inspection during foundation construction, including observation of footing excavations, pier drilling, pile driving, as appropriate. o Field observation, documentation and testing during the earthwork operations. Our ser- vices will include observation and field density testing of compacted fill, including Ninyo & Moore i Geotechnical Engineering Services i Proposal No. 04-01922 1 July 12, 2018 16 embankment fill, structure and wall backfill, utility trench backfill, subgrade, aggregate subbase, aggregate base, materials. Field sampling and in-place density testing will be performed during asphalt pavement construction. Asphalt production plant inspection and sampling will be performed to evaluate conformance with project specifications. Laboratory testing of raw aggregate and completed mix samples will include sieve analysis, sand equivalent, percent as- phalt, film stripping, CKE, swell, and maximum density per the Construction Manual and project specifications. Field sampling and testing of concrete structures and paving during construction. Our field testing services will include sampling of concrete, and evaluating the temperature, penetration, air content, and unit weight. Concrete cylinders will be cast during con- crete placement for structures and will be transported to our laboratory for compressive strength testing. Concrete beams will be cast during concrete paving and transported to our laboratory for flexural strength testing. Concrete batch plant inspection and sam- pling will be performed to obtain raw aggregate samples for acceptance testing and to evaluate the batch plant operation for conformance with project specifications. Labora- tory testing of aggregate samples will include sieve analysis, sand equivalent, and cleanness value per the Construction Manual, Standard Specifications, and project Special Provisions. Further, specialized tests, such as L.A. rattler, durability index, spe- cific gravity, etc., will be performed upon request by the Resident Engineer. Field inspection of the construction materials, both during fabrication/ erec- tion/construction and after construction completion (finish project inspections) performed by inspectors registered with the County of Orange and other agencies (ICC, AWS-CWI). Inspections may include: • Reinforced concrete, including foundations, cast -in-place concrete structures, and miscellaneous concrete construction. • Structural masonry, including retaining walls, sound walls, building and site walls • Onsite and fabrication shop welding and bolting of structural steel. • Non -Destructive Testing (ultrasonic, magnetic particle and dye penetrant) • Roofing, painting and coating • Laboratory testing on collected construction material samples in accordance with the appro- priate California Test, AASHTO, and ASTM test methods and utilizing our Caltrans and AASTHO certified laboratories. Laboratory testing may include maximum dry density and optimum moisture content of the soils to be placed as fill or backfill; compressive strength testing of the concrete, and conformance testing (including sieve analyses, sand equivalent, R -value, cleanness value and durability tests) on the proposed aggregate subbase, aggre- gate base, asphalt concrete, and concrete pavement. Testing will be performed at frequencies required by the Caltrans Construction Manual and/or applicable project specifi- cations. • Preparation of daily reports and other memoranda to summarize the field operations and test results. Our reports will include the information required by the review agencies. • Preparation of a final report summarizing the results of our field and laboratory test results, including final report on grading and certification of compliance. Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 17 Schedule Ninyo & Moore is committed to providing prompt, efficient, and high quality geotechnical and materials testing and inspection services throughout contract duration. As one of the largest geotechnical and geologic engineering firms in southern California, Ninyo & Moore has the per- sonnel and resources available to complete the requested task order services in accordance with the City's requirements. For each task order request, we will provided a detailed staffing and resources management plan which will identify specific tasks and the level of effort required for the services required for the specific request. Ninyo & Moore's personnel are fully committed to this contract. We also have a commitment from our subconsultant team that the necessary staff will be 100% availa- ble to perform the required work at the time the task order is assigned. We have developed an effective on-call management system that allows us to successfully handle multiple task orders concurrently. Our ability to provide consistent and cost-effective consulting services for task order based contracts is a result of our many years of experience in refining our on-call management process. The core of this process is our highly experienced and qualified staff of professionals that are available to begin work on requested task orders. Currently, we have three major on-call contracts with the Orange County Public Works, City of Anaheim, and the Port of Long Beach. Currently these three contracts combined account for 20 to 30% of our workload. At their peak these three contracts may need to use 30 to 40% of our workload. However, our key personnel assigned to the City of Santa Ana Public Works Agency contract will be fully committed to this contract and will be available up to 100% of their time depending on the number of task orders at the peak of the contract. Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 18 3. FEE PROPOSAL As requested in the RFP, we are providing our Fee Proposal in a separate, sealed envelope. 4. CERTIFICATIONS As required in the RFP, we are providing the following forms in Appendix B of this submittal: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 04-01922 1 July 12, 2018 19 ,; m x D Ninyo&*pore Gealachnicel& EWm.n .ntsl Sclencos Consultants Kurt S. Y®shii, PE, GE Principal -in -Charge EDUCATION As a Principal Engineer for Ninyo & Moore, Mr. Yoshii provides principal oversight on geotechnical evaluations and materials testing and inspection for residential, commercial, and public facilities, including correctional facilities, schools, hospitals, highways, railroads, pipelines, and bridges; oversees geotechnical analyses including slope stability analyses, flexible and rigid pavement design, and underground pipeline design; reviews geotechnical reports, and provides geotechnical design parameters and recommendations for grading and earthwork, shallow and deep foundations, retaining structures, and in-situ ground remediation; oversees the soils and materials laboratory operations and provides supervision and technical support to project -level engineers and geologists; as well as provides expert witness services on litigation projects. 10901-N B.S., Civil Engineering, 1990, University of On -Call Geotechnical/Materials Testing and Construction Inspection Services, California, Berkeley John Wayne Airport, Orange County, California: Principal -in -Charge forthe on-call geotechnical, materials testing and inspection services for various airport projects at REGISTRATIONS/ John Wayne Airport. Project include geotechnical design for the co -generation plant; CERTIFICATIONS pavement evaluation for all of the airfield, roadways, and parking lot pavements; PE 54759 (California) terminal building security enhancements and building modifications, and geophysical testing for underground utility locating. GE 2508 (California) City of Rancho Santa Margarita On -Call Geotechnical Services: Principal -in - PE 14274 (Nevada) Charge retained to provide on-call geotechnical engineering consulting services for PE 3791862202 (Utah) various City projects. Services included third -party review of geotechnical reports, PE 48007 (Colorado) emergency observation of slope failures resulting from heavy rain events, and geotechnical observation and materials testing services for various construction 40 -Hour OSHA HAZWOPER Certification projects including numerous pavement rehabilitation projects, pavement slurry seal, with Annual Updates (CFR 1910.120) and drainage improvements. State of California/Safety Assessment As -Needed Geotechnical and Materials Testing/Inspection Services, Los Program ID#66477 Angeles County, California: Principal -in -Charge retained to provide as -needed PROFESSIONAL geotechnical engineering and construction observation, materials testing and AFFILIATIONS inspection services in support of various county projects. American Society of Civil Engineers As -Needed Environmental Consulting and Materials Testing and Inspection American Society for Testing and Services, Long Beach, California: Principal -in -Charge retained to provide project Materials management for the as -needed environmental consulting and materials testing and American Concrete Institute inspection services to the City of Long Beach, Department of Public Works for various American Council of Engineering public works facilities projects in the City of Long Beach. Companies American Public Works Association City of Los Angeles, On -Call Geotechnical and Environmental Consulting Asian American Architects I Engineers Services: Principal -in -Charge for the on-call geotechnical and environmental services Association contract with the Cit of Los Angeles Bureau of Engineering,Geotechnical Division. y g The Society of American Military Our services include geotechnical design, environmental hazardous materials Engineers evaluation, and geotechnical construction support services. Women's Transportation Seminar On -Call Testing and Inspection Services, City of Fontana, Fontana, California: Construction Management Association of Project Manager retained to provide construction and inspection services for various America projects for the City of Fontana including sewer construction, channel improvements, roadway rehabilitation and construction, new building construction, surface drainage evaluations, and third party geotechnical reviews. Ninyo & Moore I Geotechnical Engineering services I Proposal No. 0401922 1 July 12, 2018 Ga rreth M. Sa i ki, PE, GE Project Manager EDUCATION As a Principal Engineer for Ninyo & Moore, Mr. Saiki coordinates and conducts geotechnical evaluations for residential, commercial, and public facilities, including highways, railroads, airports, pipelines, public and private buildings, and bridges; performs slope stability analyses, flexible and rigid pavement design, and underground pipeline design; prepares and reviews geotechnical reports; and provides geotechnical design parameters and recommendations for shallow and deep foundations, retaining structures, in-situ ground remediation and earthwork; reviews laboratory results, project plans and specifications; provides supervision and technical support to staff - level engineers and geologists; performs project administration and management; and provides forensic evaluation of distressed pavement, residential and commercial structures. IX494 IVIN141 MBA, 1998, University of California Davis On -Call Geotechnical/Materials Testing and Construction Inspection Services, John Wayne Airport, Orange County, California: Serving as Project Manager to M.S., Civil Engineering, 1989, University of provide on-call geotechnical, materials testing and inspection services for various California Berkeley airport projects located at the John Wayne Airport in Orange County, California. B.S., Civil Engineering, 1987, University of On -Call Geotechnical, Materials Testing and Inspection, County of Orange: California Berkeley Project Manager for the on-call provide geotechnical, materials testing & inspection services contract for various capital improvements projects in the county of Orange. City of Rancho Santa Margarita On -Call Geotechnical Consulting Services, REGISTRATIONS/ Rancho Santa Margarita, California: Project Manager retained to provide on - CERTIFICATIONS call geotechnical engineering consulting services for various projects in the City of RCE 49665 (California) Rancho Santa Margarita. Our services included third -party review of geotechnical GE 2509 (California) reports, emergency observation of slope failures resulting from heavy rain events, and geotechnical observation and materials testing services for various construction Nuclear Gauge Operator Certification projects including numerous pavement rehabilitation projects, pavement slurry seal, and drainage improvements. PROFESSIONAL County of Los Angeles, Department of Public Works, As -Needed Geotechnical, AFFILIATIONS Soils and Materials Testing & Inspection Services, Los Angeles, California: American Society of Civil Engineers Project Manager retained to provide services to the County of Los Angeles, Department of Public Works ranging from geotechnical design, geotechnical testing and inspection to special inspection services for welding, fireproofing, and reinforced concrete and masonry. Ninyo & Moore has also worked with the Public Works coordination staff in controlling each projects budget from a geotechnical, materials testing, and inspection services point of view. Ninyo & Moore has provided services on various types of projects from pipeline interior documentation to entire new building design and construction. City of La Mirada On -Call Materials Testing, La Mirada, California: Project Manager retained to provide certified materials testing laboratory and inspection services for various projects within the City of La Mirada, California. The project includes geotechnical services including sampling, material testing, compaction testing, and other services requested. Responsibilities include project coordination and client liaison, on-site soil and materials testing and inspection during construction, field observation, documentation and testing, field sampling and in-place density testing, field sampling and testing of concrete structures and paving during construction and field inspection of the construction materials. Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 0401922 1 July 12, 2018 Larry Lovett, PE, QE Principal Engineer/Materials Engineer EDUCATION MBA, 1971, City University of New York, B.S., Civil Engineering, 1960, University of Maryland REGISTRATIONS/ CERTIFICATIONS RCE 50994 (California) PROFESSIONAL AFFILIATIONS American Concrete Institute Asa Principal Materials Engineer for Ninyo & Moore, Mr. Lovett conducts investigations and analyses for materials testing and inspection projects, directs and guides materials engineers, technicians and inspectors in compiling and analyzing materials testing and inspection data, authors and reviews materials testing and inspection reports and provides technical guidance and support to the professional staff. .9: k'W, County of Los Angeles, Department of Public Works Earthquake Recovery Project Various Project Locations Throughout Los Angeles County; Served as Principal Materials Engineer providing as -needed geotechnical engineering and construction materials testing and inspection services in support of Earthquake Recovery and Capital Improvement Projects. Services included on-call services in support of a variety of construction projects throughout the County of Los Angeles and neighboring counties. On -Call Testing and Inspection Services, City of Fontana, Fontana, California: Served as Forensic Investigator for construction and inspection services for various projects for the City of Fontana including sewer construction, channel improvements, roadway rehabilitation and construction, new building construction, surface drainage evaluations, and third party geotechnical reviews. On -Call Materials Testing Services, San Bernardino, California: Served as Forensic Investigator for as -needed road materials testing services for the County of San Bernardino. Services include on-call support of a variety of transportation construction projects throughout the County of San Bernardino. Our services include roadway rehabilitation/improvement projects that will utilize Caltrans Test Methods for soils and asphalt materials. John Wayne Airport, Orange County, California: Served as Materials Engineer responsible for QA/QC during the soils and materials testing services for various projects including Terminal C, at John Wayne Airport. LAC+USC Medical Center, Los Angeles, California: Principal Materials Engineer for geotechnical and materials testing and inspection services at the LAC+USC Medical Center as part of the Earthquake Recovery Project. Port of Long Beach, On -Call Materials Testing and Inspection Services, Long Beach, California: Serving as QA/QC Manager providing on-call materials testing and inspections services in support of various POLB's Capital Improvements Program. The program consists of a variety of construction contracts and includes demolition of existing facilities (buildings, structures, landscaping, and utility systems); new construction and improvements to intermodal rail yards; roadways; bridges; container terminal development; commercial office buildings; industrial buildings; fire stations; dredging; navigation improvements; utilities; grading and paving; fencing; and communication systems. Ninyo & Moore I Geotechnical Engineering services I Proposal No. 0401922 1 July 12, 2018 James Dalgity Laboratory Manager EDUCATION High School Diploma REGISTRATIONS/ CERTIFICATIONS ACI Concrete Field Testing Technician Grade I ACI Aggregate Testing Technician Level ACI Concrete Strength Testing Technician ACI Concrete Laboratory Technician Level ACI Concrete Laboratory Testing Technician Level 2 CPB Radiation Safety Officer #50335 Caltrans TL -0111 Certification Asa Laboratory Manager for Ninyo & Moore, Mr. Dalgity is responsible for performing quality control and quality assurance testing of soil, aggregate, asphalt, and concrete materials in accordance with applicable ASTM, AASHTO, ACI, and Caltrans standards. As a technician, Mr. Dalgity has extensive experience providing both field and laboratory testing of soils and construction materials and maintains his current soils and materials testing certifications from ACI and Caltrans. He provides geotechnical observation and testing services during earthwork operations, including mass grading operations, trench and wall backfill, and roadway and building pad subgrade preparation. Mr. Dalgity also has experience in the requirements and specifications in Greenbook for public works construction projects, as well as the requirements of Caltrans for testing frequencies, test methods, and record keeping as described in Caltrans Standard Specifications, Standard Special Provisions, and the Caltrans Construction Manual. John Wayne Airport On -Call Geotechnical Engineering, Materials & Inspection Services : Serving as Laboratory Manager for the current contract for geotechnical, materials testing and inspection services for major capital improvement projects at John Wayne Airport. City of Newport Beach 20162017 Slurry Seal Program, Newport Beach, California: Laboratory Manager for the City of Newport Beach 2016/2017 Slurry Seal Program. Los Angeles Unified School District (LAUSD), On -Call Materials Testing Services, Los Angeles, California: Laboratory Manager/Technician providing laboratory testing services for various school construction projects throughout LAUSD. Services include materials conformance testing and special deputy inspection services in accordance with the requirements of the Division of the State Architect (DSA). San Bernardino Associated Governments, SR -215 Segments 1 and 2 Project, San Bernardino County, California: As a field technician, Mr. Dalgity provided materials testing and inspection services during construction of the SR 215 Segments 1 & 2 project in San Bernardino, California. The project consisted of widening and realignment of approximately 2.4 miles of the existing SR 215. The construction accommodated 4 mixed flow lanes and 1 high occupancy vehicle lane in each direction. Services include construction observation and intermittent field and laboratory testing of the construction materials used in the proposed project. Services also include observation, sampling and testing during embankment construction (earthwork), structure backfill, trench backfill, subgrade preparation, aggregate base placement, lean concrete base placement, Portland cement concrete pavement, asphalt concrete pavement placement, structural concrete placement, and batch plant inspections. Testing was being performed in general accordance with Caltrans test methods and test frequencies as described in the Caltrans Construction Manual and Standard Specifications. Ninyo & Moore I Geotechnical Engineering Services I Proposal No. 0401922 1 July 12, 2018 Steve M. Solis Field Operations Manager As a Field Operations Manager for Ninyo & Moore, Mr. Solis is responsible for per- forming quality control and quality assurance testing of soil, aggregate, asphalt, and concrete materials in accordance with applicable ASTM, AASHTO, and ACI. With 38 years of experience, his extensive project involvement includes both field and laboratory testing of soils and construction materials. He is involved in geotechnical observation and testing services during earthwork operations, including mass grading operations, trench and wall backfill, and roadway and building pad subgrade prepa- ration, as well as providing inspection of asphalt and concrete batch plants. Mr. Solis also has extensive experience in the requirements and specifications in Greenbook for public works construction projects. City of Los Angeles, On -Call Geotechnical and Environmental Consulting EDUCATION Services: Field Operations Manager for the on-call geotechnical and environmental California State University, Fullerton services contract with the City of Los Angeles Bureau of Engineering, Geotechnical Division. Our services include geotechnical design, environmental hazardous materials evaluation, and geotechnical construction support services. REGISTRATIONS/ City of West Hollywood Residential Paving Program, West Hollywood, CERTIFICATIONS California: Field Operations Manager retained during materials testing services ACI Concrete Field Testing Technician for the Residential Street Paving Program, CIP 1606, in West Hollywood, California. Grade I Services included project coordination, management and technical support and Radiation (Nuclear Gauge) User Safety coordination of field technician services for observation, sampling and field density testing during asphalt concrete placement at the plant and on Fairfax Avenue in West City of Los Angeles Deputy Grading Hollywood. Inspector City of Huntington Beach, Senior Center: Field Operations Manager for the geotechnical, materials testing and deputy inspection services during construction. Services included observation, sampling and testing during building pad preparation, trench backfill and subgrade preparation, load and/or torque testing of expansion anchors, epoxy anchors and shot pins, as appropriate, batch plant inspection services during production of structural concrete, sampling and testing of aggregate base and asphalt pavement, welding and bolting inspection services during structural steel fabrication at the plant and during erection at the site, non-destructive examination of welds at the fabrication plant and at the site, glu-lam inspection services during beam production at the fabrication shop, as well as laboratory testing, including high strength bolt conformance testing and compressive strength testing of concrete materials sampled in the field. County of San Bernardino, Forensic Crime Laboratory, San Bernardino, California: Field Operations Manager for the as -needed materials testing and inspection services contract, which provides on-call support on a variety of construction projects throughout the County. For the new 19,924 -square -foot laboratory, geotechnical evaluation and infiltration testing was performed to evaluate the subsurface soil conditions and provide recommendations for construction, then geotechnical, inspection, and materials testing services. During construction, services included field and laboratory testing of subgrade, base materials, asphalt concrete, Portland cement concrete materials, concrete compression testing and maximum density testing of soils and sand equivalent. Ninyo & Moore I Geotechnical Engineering services I Proposal No. 0401922 1 July 12, 2018 Geotechnical & Environmental/3cie_nees Consultants x W Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 1 ] 2 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly; sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false_�pAificatio%may subject the certifier to criminal prosecution. Signed State of California County of �}5�)s n Q Subscribed and sworn to (or affirmed) before me on this day of awl 201Y, by for=t Posh' 1 proved to me on the basis of satisfactory evidence to be the person(o who appeared before me. C' &otaPublic igna ure j M. LINDA CARSON 7 Commission # 2138681 Notary Public -California Orange county my 6omm"U InsJtnn25.2020J Notary Public Seal City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Ninyo & Moore Signed and Printed Name: Title Date July 12, 2018 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Principal Engineer Firm: Ninyo & Moore Date: July 12, 2018 City of Santa Ana RFP Page A3-4 SOILS CONCRETE Atterberg Limits, D 4318, CT 204 $ 160 Compression Tests, 6xl2Cylinder, C 39 $ 25 California Bearing Ratio (CBR), D 1883 $ 485 Concrete Mix Design Review, Job Spec $ 155 Chlonde and Sulfate Content, CT 417 & CT 422 $ 175 Concrete Mix Design, perTrial Batch, 6 cylinder, ACI $ 825 Consolidation, D 2435, CT 219 $ 300 Concrete Cores, Compression (excludes sampling), C 42 $ 60 Consolidation -Time Rate, D 2435, CT 219 $ 75 Drying Shrinkage, C 157 $ 350 Direct Shear -Remolded, D3080 $ 325 Flexural Test, C 78 $ 65 Direct Shear- Undisturbed, D 3080 $ 275 Flexural Test, C 293 $ 60 Curability Index, CT 229 $ 165 Flexural Test, CT 523 $ 80 Expansion Index, D 4829, IBC 18-3 $ 180 Gunite)Shotcrete, Panels, 3 cut cores per panel and test, ACI $ 275 Expansion Potential (Method A), D 4546 $ 160 Jobsile Testing Laboratory Quote Geofabric Tensile and Elongation Test, D 4632 $ 180 Lightweight Concrete Fill, Compression, C 495 $ 45 Hydraulic Conductivity, D 5084. $ 330 Petrographic Analysis, C 856 $ 1,900 Hydrometer Analysis, D 422, CT 203 $ 220 Restrained Expansion of Shrinkage Compensation $ 270 Moisture, Ash, & Organic Matter of PeaVOrganic Soils $ 120 Splitting Tensile Strength, C 496 $ 90 Moisture Only, D 2216, CT 226 $ 35 3x6 Grout, (CLSM), C 39 $ 45 Moisture and Density, D 2937 $ 45 2x2x2 Non -Shrink Grout, C 109 $ 45 Permeability, CH, D 2434, CT 220 $ 255 pH and Resistivity, CT 643 $ 175 ASPHALT CONCRETE Proctor Density D 1557, D 698, CT 216, & Air Voids, T 269 $ 50 AASHTO T-180 (Rock corrections add $100) $ 200 Asphalt Mix Design, Caltrans (excl. Aggregate Quality) $ 2,800 R -value, D 2844, CT 301 $ 295 Asphalt Mix Design Review, Job Spec $ 165 Sand Equivalent, D 2419, CT 217 $ 110 Dust Proportioning, CT LP4 $ 50 Sieve Analysis, D 422, CT 202 $ 130 Extraction, %Asphalt, including Gradation, D 2172, CT 382 $ 240 Sieve Analysis, 200 Wash, D 1140, CT 202 $ 100 Film Stripping, CT 302 $ 110 Specific Gravity, D 854 $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 $ 215 Thermal Resistivity (ASTM 5334, IEEE 442) $ 880 Marshall Stability, Flow and Unit Weight, T 245 $ 240 Triaxial Shear, CO, D 4767, T 297 $ 430 Maximum Theoretical Unit Weight, D 2041, CT 309 $ 150 Triaxial Shear, C.U., wlpore pressure, D 4767, T 2297 per pt $ 365 Moisture Content, CT 370 $ 85 Triaxial Shear. C.U„ w/o pore pressure, D 4767, T 2297 per pt $ 210 Moisture Susceptibility and Tensile Stress Ratio, T238, CT 371 $1,000 Triaxial Shear, U.U., D 2850 $ 155 Slurry Wet Track Abrasion, D 3910 $ 150 Unconfined Compression, D 2166, T 208 $ 120 SuperPave, Asphalt Mix Verification (incl. Aggregate Quality) $ 5,200 Wax Density, D 1188 $ 100 SuperPave, Gyratory Unit WL, T 312 $ 75 SuperPave, Hamburg Wheel, 20,000 passes, T 324 $ 1,000 MASONRY Unit Welghtsample or core, D 2726, CT 308 $ 100 Brick Absorption, 24-hour submersion, C 67 $ 50 Voids In Mineral Aggregate, (VMA) CT LP -2 $ 50 Brick Absorption,5-hourboiling, C 67 $ 60 Voids filed with Asphalt,(VFA) CT LP -3 $ 50 Brick Absorption, 7 -day, C 67 $ 65 Brick Compression Test, C 67 $ 50 AGGREGATES Brick Efflorescence, C 67 $ 50 Clay Lumps and Friable Pedicles, C 142 $ 160 Brick Modulus of Rupture, C 67 $ 45 Cleanness Value, CT 227 $ 160 Brick Moisture as received, C 67 $ 40 Crushed Particles, CT 205 $ 165 Brick Saturation Coefficient, C 67 $ 55 Durability, Coarse or Fine, CT 229 $ 195 Concrete Block Compression Test, 8x8xl6, C 140 $ 65 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 $ 180 Concrete Block Conformance Package, C 90 $ 485 Flat and Elongated Particle, D 4791 $ 220 Concrete Block Linear Shrinkage, C 426 $ 135 Lightweight Padicles, 0123 $ 180 Concrete Block Unit Weight and Absorption, C 140 $ 60 Los Angeles Abrasion, C 131 or C 535 $ 200 Cores, Compression or Shear Bond, CA Code $ 60 Material Finer than No. 200 Sieve by Washing, C 117 $ 75 Masonry Grout, 3x3x6 pram compression, C 39 $ 35 Organic Impurities, C 40 $ 80 Masonry Modar, 2x4 cylinder compression, C 109 $ 35 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 $ 950 Masonry Prism, half size, compression, 01019 $ 120 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 $ 1,250 Masonry Prism, Full size, compression, C 1019 $ 185 Potential Reactivity of Aggregate (Chemical Method), C 289 $ 450 Sand Equivalent, T 176, CT 217 $ 110 REINFORCING AND STRUCTURAL STEEL Sieve Analysis, Coarse Aggregate, T 27, C 136 $ 115 Chemical Analysis, A 36, A 615 $ 135 .Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 $ 130 Fireproofing Density Test, UBC 7-6 $ 60 Sodium Sulfate Soundness, C 68 $ 450 Hardness Test, Rockwell, A 370 $ 70 Specific Gravity and Absorption, Coarse, C 127, CT 206 $ 100 High Strength Bolt, Nut & Washer Conformance, .Specific Gravity and Absorption, Fine, C 128, CT 207 $ 160 per assembly, A 325 $ 130 Mechanically Spliced Reinforcing Tensile Test, ACI $ 150 ROOFING Pre -Stress Strand (7 wire), A 416 $ 170 Roofing Tile Absorption, (set of 5), C 67 $ 210 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 $ 55 Roofing Tile Strength Test, (set of 5), C 67 $ 210 Structural Steel Tensile Test: Up to 200,0001bs. (machining extra), A 370 $ 80 Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI $ 60 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo & Moore 12016 Laboratory Testing aco V CERTIFICATE OF LIABILITY INSURANCE bAT10/4/2DIYYYY) 4U/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statementon this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER Dealey, Renton & Associates R 0. Box 12675 Attn: Mand Gua Y Oakland CA: 94604-2675 CNAME:ONTACT DOrisAChambers PRqONE �IALO FAX • 510-465-3090 ac N- : 510-452-2193 E-MAIL Doaass: dchamb.,S@dealoyrenton.com INSURER(S) AFFORDING COVERAGE NAICN INSURER A: Travelers Property Casually Cc of Amen 25674 10/32019 INSURED NINYOMOORt Ni Moore Geotechnical & Environmental Sciences Consultants INSURERS: American AUtOmoba Ins. Co. 21649 INsuRER c: Evanston Insurance CoorDany 35378 INSURER D: 475 Goddard, Suite 200 Irvine CA 92618 _ INSURERE: INSURER F: OCP COVERAGES CERTIFICATE NUMBER: 895533942 REVISION NHIMRER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED. NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH. RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LT TYPE OF INSURANCE UBR pOLICVNUMBER PO pICY YYF POYI Lp VIYYVY LIMITS A tXOOMMERIIAI GENER�ALL�IABILITYY CLAIMS -MADE " I OCCUR tractual U.1, Y 8308RBGR247 101312018 10/32019 EACH OCCURRENCE $1,000,000 _TTA ET R T DR ADiE�Eeomurrencal. $1,000,000 MED.EXP tAny one arson $10,000 OCP -PERSONAL &ADV INJURY $1,00%000 X LIMIT APPLIES PER: PEC- GENERAL AGGREGATE .$2,000,000 GENLAGGREGATE PRODUCTS-COMPIOPAGG $2,000,000 LICYQ LOC POTHER S * AUTOMOBILE X LIABILITY ANYAUTO Y Y 81089BOR247 10IN2018 10/312019 COMBINED SINGLE LIMIT (Eo aoaidentl_ __ _ $1,000,000 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BObILY INJURY (Perareldanp �$ $ X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY PROPPER YDAMAGE fifer awl�enl _- $ _ A X EXCESS LAD X OCCUR Y Y CUP9J428527 1013ooia 101312019 EACHOCCURRENCE $9,OD0,000 EXCE�,SS.LITAD CLAIMS -MADE AGGREGATE _ $9,000,00_0 DEC gEfENTION $ $ H WORKERS COMPENSATION AND EMPLOYERS LIABILITY VIN ANYPROPRIETOWPARTNERIEXECUTIVE �'N/A OFFICERIMEMBEREXGLUDED? tMandatory In NH) Ifyes, describe under Y SCW0021231801 51112018 5/1/2019 X STATU E OR E.L. EACH ACCIDENT $1,000,000, E.L. DISEASE - EA EMPLOYEE $1,000.000 E.., DISEASE, POLICY LIMIT $iSomo0 0 SCRIPTION OF OPERATIONS balm C Profeasferal [Jab &Gauen ab. Pollullon Gab. Y MKLV7PL0003340 101312018 41312020 $5,000000 per Claim $5,000000 Anrl AG9r DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES (ACORD 101, Additional Reldarks Schadule, maybe attached Vmom space is required) REF: Project #051RV03.00713 / A-2016-1131 RFP #18-043 / NIT I City of Santa Ana I On -Call Various Environmental Services, GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of Santa Ana Its officers, employees, agents and representatives, General Liabilityy is Primary/Non-Comrlbutory and sevemblllty of interests applicable per policy form wording. Canoeliatibn: 30 Day/10 Day for Non -Payment of Premium. i A [ylEWEDBYEl1NICE.HEREUTA{FG� 4F�U7- City of Santa Ana ATTN: Leticia: Lopez 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED JN ACCORDANCE WITH THE POLICY PROVISIONS. rights HVvmw LO tL0'I81113) Ina ACDRO name and logo are registered marks of ACORD 63099868247 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRYEDGESIM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE I This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force ■ Bodily Injury Or Property Damage D. Non -Owned Watercraft N Increased To Up To 75 feet E. Aircraft Chartered With Pilot F. Extension Of Coverage ■ Damage To Premises Rented To You G. Personal Injury 0 Assumed by Contract H. Increased Supplementary Payments L Additional Insured is Owner, Manager Or Lessor Of Premises J. Additional Insured. Lessor Of Leased Equip- ment K. Additional Insured is State Or Political Subdivisions is Permits Relating To premises L. Additional Insured is State Or Political Subdivisions 0 Permits Relating To Operations PROVISIONS A. BROADENED NAMED INSURED ■ UNNAMED SUBSIDIARIES The Named Insured In Item 1. of the Declarations is amended as follows: The person or organization named in Item 1, of the Declarations and any organization, other than a partnership, joint venture, limited liability com- pany or trust, of which you are the sole owner or in which you maintain the majority ownership in- terest on the effective date of the policy. How- M. Who Is An Insured 0 Newly Acquired Or Formed Organizations N. Injury To Co -Employees And Co -Volunteer Workers O. Medical Payments Limit P. Knowledge And Notice Of Occurrence Or Offense Q. Other Insurance Condition R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Contract T. Amended Bodily Injury Definition U. Amended Insured Contract Definition ■ Rail- road Easement V. Addltional Definition is Written Contract Re- quiring Insurance ever, coverage For any such additional organiza- tion will cease as of the date, if any, during the policy period, that you no longer are the sole owner of, or maintain the majority ownership in- terest.in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of'oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission CG D4 15 05 08 (Rev. 10-08) O 2008 The Travelers Comoaniea F VI1Of NICE R�, a COMMERCIAL GENERAL LIABILITY committed by any of your "employees" who is employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic; in providing or falling to provide "Incidental medical services" or "Good Samaritan services" to a person. 2. The following Is added to the DEFINITIONS Section: a. "Incidental medical services" means medical, surgical, dental, laboratory, x-ray or nursing service, treatment, advice or instruction; the related furnishing of food or beverages; the furnishing or dispens- ing of drugs or medical supplies or appli- ances; or first aid. b. "Good Samaritan services" means those medical services rendered or provided in an emergency and for which no remu- neration is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION 11® WHO IS AN INSURED Paragraphs (1) (a), (b), (c) and (d) above do not apply to any of your "employees" who are employed by you as a registered nurse, li- censed practical nurse, emergency medical technician or paramedic but only while per- forming the services described in Paragraph 1. above and while acting within the scope of their employment by you. Any such "employ- ees" rendering "incidental medical services" or "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to Para- graph 2. Exclusions of SECTION I M COV- ERAGES K COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by or with the knowledge or consent of the insured. 5, The following is added to Paragraph 4.b., Ex. cess Insurance, of SECTION IV 11 COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible "other insurance whether primary, excess, contingent or on any other basis, that is available to you or any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices" or "Good Samaritan services", except for insurance purchased specifically by you to apply in excess of the Limits of Insurance shown In the Declarations for this Coverage Part, 6. The following is added to Paragraph 5, of SECTION III M LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed by any of your "employ- ees" in providing or failing to provide "Inciden- tal medical services" or "Good Samaritan ser- vices" to any one person will be deemed to be one "occurrence C. REASONABLE FORCE PROPERTY DAMAGE EXCEPTION TO EXPECTED OR INTENDED IN- JURY EXCLUSION The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I E COVERAGES N COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D, NON -OWNED WATERCRAFT III INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft; in Paragraph 2. of SECTION I ■ COVERAGES z COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feetlong; and (b) Not being used to carry any person or property for a charge. 2. The following Is added to SECTION II o WHO IS AN INSURED: Any person who, with your expressed or im- plied consent, either uses or Is responsible for the use of a nonowned watercraft that is less than 75 feet and not being used to carry per- son or property for a charge is included as an insured under this Coverage Part, Page 2 of 8 © 2008 The TravAlpl,Cnrnnan S Inf auNtcer e�vtEnav ns{EotntPr, aFP) E. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2, of SECTION I III COVERAGES ■ COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that W (a) Chartered with a pilot to any insured; and (b) Not owned by any insured. F. EXTENSION OF COVERAGE N DAMAGE TO PREMISES RENTED TO YOU L The following replaces the last paragraph of SECTION I X COVERAGES. COVERAGE A BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: Exclusions c. through rh do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. :Explosion; c. Lightning; cl. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in SECTION III III LIM- ITS OF INSURANCE 2. The insurance under this Provision F. does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; or c, Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. The following replaces Paragraph 6, of SEC- TION III ■ LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage. To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same 'occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown for the Damage To Premises Rented To You Limit in the Declarations for this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract' in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by; fire, explosion, lightning; smoke resulting from such fire, explosion, or lightning; or water is not an "insured contract"; G. PERSONAL INJURY N ASSUMED BY CON- TRACT The following replaces Exclusion e., Contractual Liability in. Paragraph 2. of SECTION I K COV- ERAGES III COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: "Advertising injury" for which the insured has as- sumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement. H. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS COVII AGES A AND B of SECTION I . COVER- AGES: Subject to 5, above, the Damage To Prem- b. Up to $2,500 for cost of bail bonds re- ises Rented To You Limit is the most we will quired because of accidents or traffic law pay under Coverage A for the sum of all violations arising out of the use of any damages because of "property damage" to vehicle to which the Bodily Injury Liability any one premises while rented to you, or Coverage applies. We do not have to fur - temporarily occupied by you with permission nish these bonds. CG D4 15 05 00 (Rev, 10-08) © 2008 The Travelers Companies Inc Pacie 3 of p8 REyit=WGn BY - uUNic[n HEREO A,lil ' iF-�YI COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of performed by or on behalf of such SUPPLEMENTARY PAYMENTS N COVER- additional insured; or AGES A AND IS of SECTION 1 ■ COVER- (3) Any premises for which coverage Is AGES: excluded by another endorsement to d. All reasonable expenses incurred by the this Coverage Part, insured at our request to assist us in the 3. This Provision h does not apply on any basis Investigation or defense of the claim or to any person or organization for which cov- "suit", including actual loss of earnings up erage as an additional insured specifically is to $500 a day because of time off from added by another endorsement to this Cover - work. age. Part. I. ADDITIONAL INSURED III OWNER, MANAGER J. ADDITIONAL INSURED. LESSOR OF LEASED OR LESSOR OF PREMISES EQUIPMENT 1. The following is added to SECTION 11 111 WHO 1, The following is added to SECTION Il. WHO IS AN INSURED: IS AN INSURED: Any person or organization that you have Any person organization that you have agreed in a "written contract requiring insur- agreed in a "written ritten contract requiring insur- ance" to include as an additional insured on ance" to include as an additional insured on this Coverage Part is an insured, but: this Coverage Part is an Insured, but: a. Only with respect to liability for "bodily In- "property a. Only with respect to liability for "bodily in- jury" or damage" that occurs, or "personal jury" or "property damage" that occurs, or injury" caused by an offense "personal Injury" caused by offense committed, after you have entered into that "written contract requiring Insurance"; committed, after you have entered into "written and that contract requiring insurance"; and It. Only if the "bodily injury", "property dam- "personal b. OnlyIf the "bodily injury", ' dam- al y age" or injury" is caused, in whole or in part, by acts or omissions of "property i age" or "personal injury" is caused, In you or any person or organization per- Whole or In part, by acts or omissions of forming operations on your behalf, and You or any person or organization per- forming operations on your behalf, in the arises out of the ownership, maintenance maintenance, operation or use of equip - or use of that part of any premises leased "written menti leased to you by such additional in- to you under that contract requir- sured. ing insurance", 2. The insurance provided to such additional in- 2. The insurance providedto such additional in- sured under this Provision I, is subject to the sured under this Provision J. is subject to the following provisions: following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the "writ - which you agreed to provide in the "writ- ten contract requiring insurance", or the ten contract requiring insurance", or the limits shown in the Declarations for this limits shown in the Declarations les for this Coverage Part, whichever are less; and Coverage Part, whichever are less; and are Is. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply to: insured does not apply: (1) Any "bodily injury" or "property dam- (1) To any "bodily injury" or "property age" that occurs, or "personal Injury" damage" that occurs, or "personal in - caused by an offense committed, af- jury" caused by an offense commit- ter you cease to be a tenant in that ted, after the equipment lease ex - premises; pires; or (2) Any structural alterations, new con- (2) If the equipment is leased with an struction or demolition operations operator. Page 4 of 8 © 2008 The Travelers Companies Inc CG D4 15 05 08 (Rev. 10-08) �REVIE,WED aY FUNICLE ¢IE�#EpEA{Pa og.�j�)._ 3, This Provision J. does not apply on any basis to any person or organization for which cov- erage as an additional insured specifically is added by another endorsement to this Cover- age Part. K. ADDITIONAL INSURED N STATE OR POLITI- CAL SUBDIVISIONS 0 PERMITS RELATING TO PREMISES The following is added to SECTION II 0 WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or oc- cupied by, or rented or loaned to, you, Is an in- sured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertis- ing injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, side- walk vaults, elevators, street banners or decora- tions for which that state or political subdivision has issued such permit. L. ADDITIONAL INSURED M STATE OR POLITI- CAL SUBDIVISIONS ® PERMITS RELATING TO OPERATIONS The following Is added to SECTION II ■ WHO IS AN INSURED: Any state or political subdivision that has issued a permit is an insured, but only with respect to "bod- ily injury", "property damage", "personal injury" or "advertising injury" arising out of operations per- formed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdi- vision is an Insured for: 1. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of op- erations performed for that state or political subdivision; or 2. "Bodily injury" or "property damage" included within the "products ® completed operations hazard". M. WHO IS AN INSURED III NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SEC- TION II N WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY riod, whichever is earlier. Any such newly ac- quired or formed organization that you report in writing to us within 180 days after you ac- quire or farm the organization will be covered under this provision until the end of the policy period, even If there are more than 180 days remaining until the end of the policy period. N. INJURY TO CO -EMPLOYEES AND CO - VOLUNTEER WORKERS The following is added to SECTION 11 W WHO IS AN INSURED: 1. Your "employees" are insureds with respect to "bodily Injury" to a co -"employee" in the course of the co"employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are Insureds with respect to "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3;a. of SECTION II N WHO IS AN INSURED do not apply to "bodily injury" for which insur- ance is provided by paragraph 1. or 2. above. O. MEDICAL PAYMENTS LIMIT The following replaces paragraph 7, of SECTION III III LIMITS OF INSURANCE; Subject to S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained by any one person, and will be the higher of: a. $10,000; or b. The amount shown on the Declarations for Medical Expense Limit. P. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE a. Coverage under this provision is afforded only The following is added to Paragraph 2. Duties In until the 180th day after you acquire or form The Event of Occurrence, Offense, Claim Or the organization or the end of the policy pe - CG D4 15 05 08 (Rev. 10-08) © 2008 The Travele .RCit1�VyED 6Y;, EIINICE N-�xFRfiQ1A,(PrOFJµ COMMERCIAL GENERAL LIABILITY Suit of SECTION IV. COMMERCIAL GENERAL ance" by the method described in c. LIABILITY CONDITIONS: below. Notice of an "occurrence" or of an offense which b, Excess Insurance may result In a claim must be given as soon as This Insurance is excess over any of practicable after knowledge of the ".occurrence" or the "other Insurance", whether prI- offense has been reported to you, one of your mary, excess, contingent or on any "executive officers" (if you are a corporation), one other basis., of your partners who Is an individual (if you are a (1) That is Fire, Extended Coverage, partnership), one of your managers (If you are a Builder's Risk, Installation Risk, limited liability company), one of your trustees or similar coverage for 'your who is an Individual (if you are a trust), or an work"; "employee" (such as an insurance, loss control or (2) That is Fire insurance for prem - manager or administrator) designated by you ises rented to you or temporarily to give such n to gnotice. occupied by you with permission Knowledge by any other "employee" of an "occur- of the owner; rence" or offense does not imply that you also (3) That is Insurance purchased by have such knowledge. you to cover your liability as a Notice of an "occurrence" or of an offense which tenant for "property damage" to may result in a claim will be deemed to be given premises rented to you or tempo - as soon as practicable to us if it is given in good rarily occupied by you with per - faith as soon as practicable to your workers' com- mission of the owner; or pensation, accident, or health insurer. This ap- (4) If the loss arises out of the main - plies only if you subsequently give notice of the tenance or use of aircraft, "occurrence" or offense to us as soon as practi- "autos", or watercraft to the ex - cable after you, one of your "executive officers" (if tent not subject to Exclusion g, of you are a corporation), one of your partners who Section I ® Coverage A. Bodily is an individual (if you are a partnership), one of Injury And Property Damage Li - your managers (if you are a limited liability com- ability; or pany),, one of your trustees who is an individual (if (5) That is available to the insured you are a trust), or an "employee" (such as an in- when the Insured is an additional surance, loss control or risk manager or adminis- insured under any other policy, trator) designated by you to give such notice dis- including any umbrella or excess covers that the "occurrence" or offense may in- policy. volve this policy. When this insurance is excess, we Q. OTHER INSURANCE CONDITION will have no duty under Coverages A 1. The following replaces Paragraph 4., Other or B to defend the insured against Insurance of SECTION IV i COMMERCIAL any "suit" if any provider of "other in - GENERAL LIABILITY CONDITIONS: surance has a duty to defend the in- sured against that "suit". If no pro - 4, Other Insurance vider of "other insurance" defends, If valid and collectible 'other insurance" is we will undertake to do so, but we will available to the insured for a loss we be entitled to the insured's rights cover under Coverages A or B of this against all those providers of "other Coverage Part, our obligations are limited Insurance". as follows: When this insurance is excess over a. Primary Insurance "other insurance", we will pay only This Insurance isprimary except our share of the amount of the loss, if when Is. below applies. If this insur- any, that exceeds the sum of: ance is primary, our obligations are (1) The total amount that all such not affected unless any of the "other "other insurance" would pay for Insurance" is also primary, Then, we the loss in the absence of this in - will share with all that "other insur- surance; and Page 6 of 8 ©2008 The Travelers Comamus,Inc.�x CG D4 15 05 O8 (Rev 10-0y. ,(2EVlrWD aY, -. EIINICE HCREI3lA �PG'�O�yg (2) The total of all deductible and self -Insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of Insurance is based on the ratio of its applicable limit of insur- ance to the total -applicable limits of insurance of all providers of Insur- ance. 2. The following definition is added to SECTION V 0 DEFINITIONS: "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph S. of LIMITS OF INSURANCE (Section III) or the Non cumulation of Personal and Advertis- ing Injury limit sections of Paragraph 4. of LIMITS OF INSURANCE (Sec- tion 111) applies; (3) Any risk retention group; (4) Any self-insurance method or pro- gram, other than any funded by you and over which this Coverage Pan applies; or (5) Any similar risk transfer or risk man- agement method. b. Does not include umbrella Insurance, or excess insurance, that you bought spe- cifically to apply in excess of the Limits of COMMERCIAL GENERAL. LIABILITY Insurance shown on the Declarations of this Coverage Part. R. UNINTENTIONAL OMISSION 1. The following is added to Paragraph 6. Rep- resentations of SECTION IV M COMMER- CIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this in- surance. 2. This Provision R. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal In accor- dance with applicable insurance laws or regu- lations. S. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US WHEN REQUIRED BY CONTRACT The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV N COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of: 1. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; 2. Ongoing operations performed by you, or on your behalf, Under a contract or agreement with that person or organization; 3. "Your work"; or 4. "Your products". We waive these rights only where you have agreed to do so as part of a "written contract ie- quiring insurance" entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense or "advertising injury" offense is committed. T. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per - CG D4 15 05 08 (Rev. 10-08) © 2008 The Trar ,Co�mp„n ftREYtEYyCrS RY:, EtICIICEHE,F2ED4P,ara..; of lj ,,. COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at any time. U. AMENDED INSURED CONTRACT DEFINITION 0 RAILROAD EASEMENT 1. Subparagraph c. of the definition of 'Insured contract' in the DEFINITIONS Section is re- placed by the following: c. Any easement or license agreement; 2. Subparagraph f.(1) of the definition of "in- sured contract' in the DEFINITIONS Section is deleted, V. ADDITIONAL DEFINITION 0 WRITTEN CON- TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract or written agreement under which you are required to include a person or organization as an additional Insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect;. and c. Before the end of the policy period. Page 8 of 8 © 2006 The Travelers Companies Inc CG D4 15 05 p8 (Rev 10 wn R EyyE® aYF EUNI t#F,RF�OIA (PC OF I Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement- California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured Nlnyo & Moore Geotechnical & Producer Dealey,'Renton & Associates Schedule Person or Organization Policy Number 5OW0021231801 Effective Date 0510112018 Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIE TO A CONTRACT THAT REQUIRED YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS Additional.. Premium % We have the tight to recover our payments frorn any- one liable for an injury covered by this policy. We will .not enforce our rightagainstthe person or organization :named in the Schedule. (This agreement. applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segre- gating the remuneration of your employees white en- gaged in the work described is the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compen- sation premium otherwise due on such remuneration. This Form must be attached to Change Endorsement When isened after the policy is written. One of the Fireman's Fund insurance Companies as named in die policy Secretary WC0403064.84 —/ /---"/ P sident R�(tE4}mED