Ninyo & Moore (Aug 2013) CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ( 9 reement
"A ") is made and entered into this 8 T14 day of
ML/G-u-Sr, 2013, by and between the City of Rancho Palos Verdes(hereinafter referred to as
the "CITY") and Ninyo & Moore (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows:
Installation of 4,000-feet of 54"welded thick wall steel storm drain pipe. About 1,600-
feet of the pipe will be laid as direct burial using the traditional open cut method, with
the pipe being welded after backfilling. The balance of the pipe will be installed
underground in tunnels.
1.2 Description of Services
CONSULTANT shall: Provide continuous deputy welding inspection
services inside the buried 54" diameter pipe and provide detailed daily reports.
as described in the CITY's Request For Proposals, which is attached hereto as Exhibit
"A" and incorporated herein by this reference, and in CONSULTANT's Proposal, which
is attached hereto as Exhibit"B" and incorporated herein by this reference. In the event
of any conflict between the terms of this Agreement and incorporated documents, the terms of this Agreement shall control. In the event of any conflict between Exhibits "A"
and "B,"the terms of Exhibit A shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God,or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
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ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed Twenty
Two Thousand Eight Hundred and Sixty Four dollars($22,864)for services as described in
Article 1.
2.2 Terms of Compensation
CONSULTANT shall submit monthly invoices for the percentage of work
completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty(30) days of receipt of each invoice. CITY agrees to use its
best efforts to notify CONSULTANT of any disputed invoice amounts or claimed
completion percentages within ten (10) days of the receipt of each invoice. However,
CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion
percentage shall not be deemed a waiver of CITY's right to challenge such amount or
percentage.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.3 Additional Services
CITY may request additional specified work under this Agreement. All such
work must be authorized in writing by the CITY's Director of Public Works prior to
commencement. CONSULTANT shall perform such services, and CITY shall pay for such
additional services in accordance with CONSULTANT's Schedule of Hourly Rates,which is
within Exhibit "B." The rates in Exhibit "B" shall be in effect through the end of this
Agreement.
2.4 Term of Agreement
This Agreement shall commence on Au 6-UST S/ 20(3 and shall terminate
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on April 30, 2014, unless sooner terminated pursuant to Article 4 of this Agreement.
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ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
To the maximum extent permitted by law, CONSULTANT shall defend,
indemnify, and hold the CITY, its officials, officers, employees, agents and independent
contractors serving in the role of CITY officials, and volunteers(collectively"Indemnitees")
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages or injuries, in law or equity, to property or persons, including
wrongful death (collectively"Claims"), in any manner arising out of or incident to any acts or
omissions of CONSULTANT, its officials, officers, employees or agents in connection with
the performance of this Agreement, including without limitation the payment of all
consequential damages, attorneys'fees, and other related costs and expenses, except for
such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.
With respect to any and all such Claims, CONSULTANT shall defend Indemnitees at
CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment,
award, or decree that may be rendered against Indemnitees. CONSULTANT shall
reimburse Indemnitees for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
CONSULTANT or Indemnitees. All duties of CONSULTANT under this Section shall
survive termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars ($2,000,000)general aggregate for bodily injury, death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement. Said policy
or policies shall be issued by an insurer admitted to do business in the State of California
and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and aggregate
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for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said
policy or policies shall be issued by an insurer admitted to do business in the State of
California and rated in Best's Insurance Guide with a rating of A:VII or better. If a "claims
made" policy is provided, such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed. Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three (3)years or by a
three-year extended reporting period endorsement, which reinstates all limits for the
extended reporting period. If any such policy and/or policies have a retroactive date, that
date shall be no later than the date of first performance of work or services on behalf of the
CITY. Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence and
two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000) for property damage arising from one
incident.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by the law. CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.5 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium.
Additionally, CONSULTANT shall provide immediate notice to the City if it receives a
cancellation or policy revision notice from the insurer.
(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT agrees that if it does not keep the aforesaid
insurance in full force and effect, CITY may either immediately terminate this Agreement
or, if insurance is available at a reasonable cost, CITY may take out the necessary
insurance and pay, at CONSULTANT's expense, the premium thereon.
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3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance
showing that the aforesaid policies are in effect in the required amounts. The commercial
general liability policy shall contain endorsements naming the CITY, its officers, agents and
employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90)
days prior written notice. Notice shall be deemed served if completed in compliance with
Section 6.14.
(b) In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows: for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement as determined by the CITY,
CONSULTANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of termination or cancellation in accordance with the work items;
provided, in no event shall the amount of money paid under the foregoing provisions of this
paragraph exceed the amount which would have been paid to CONSULTANT for the full
performance of the services described in this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All documents, plans, specifications, reports, information, data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products") shall be and remain the property of the
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CITY without restriction or limitation upon its use, duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire," and all Written Products
and any and all intellectual property rights arising from their creation, including, but not
limited to, all copyrights and other proprietary rights, shall be and remain the property of the
CITY without restriction or limitation upon their use, duplication or dissemination by the
CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to which
any intellectual property right exists, including computer software, used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers,
employees, servants, attorneys, designated volunteers, and agents serving as independent
contractors in the role of CITY officials, harmless from any loss, claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal, state
or local laws, or any contractual provisions, or any laws relating to trade names, licenses,
franchises, copyrights, patents or other means of protecting intellectual property rights
and/or interests in products or inventions. CONSULTANT shall bear all costs arising from
the use of patented, copyrighted, trade secret or trademarked documents, materials,
equipment, devices or processes in connection with its provision of the services and
Written Products produced under this Agreement. In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined, CONSULTANT, at its expense,
shall: (a) secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction, or by procuring a license or licenses for CITY;
or (b) modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement. This
covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
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ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Nondiscrimination
During the performance of this Agreement, CONSULTANT and its
subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious
creed, national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (cancer), age (over 40), marital status, and denial of family care leave.
CONSULTANT and its subcontractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free from such discrimination and
harassment. CONSULTANT and its subcontractors shall comply with the provisions of the
Fair Employment and Housing Act(Government Code Section 12990 (a-f)et seq.)and the
applicable regulations promulgated there under (California Code of Regulatlons, Tltle 2,
pp
Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement byreference and made a part hereof as if set forth in full. CONSULTANT and
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its subcontractors shall give written notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or other agreement.
CONSULTANT shall include the nondiscrimination and compliance provisions of this
clause in all contracts to perform work under the Agreement.
6.3 Personnel
CONSULTANT represents that it has, or shall secure at its own expense, all
personnel required to perform CONSULTANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing. CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
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performance of its services under this Agreement, but at all times shall CONSULTANT be
responsible for its associates and subcontractors' services.
6.4 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a)CONSULTANT is
licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement; b)there are no obligations, commitments, or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent
required by the standard of practice, CONSULTANT has investigated and considered the
scope of services performed, has carefully considered how the services should be
performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.5 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve(12) months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.6 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled by
and construed under the laws of the State of California, excluding California's choice of law
rules. Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b) If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
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6.7 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
Notwithstanding the above, CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so. Such persons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.8 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set
forth, and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in
any manner agents,ents, servants or employees of CITY. CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify
and hold the CITY harmless from any and all taxes, assessments, penalties, and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement. CONSULTANT shall fully comply with the workers' compensation law
regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify
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and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount of
anyfees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.9 Titles
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The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.10 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.11 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.12 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by the CITY of any payment to
CONSULTANT constitute or be construed as a waiver by the CITY of any breach of
covenant, or any default which may then exist on the part of CONSULTANT, and the
making of any such payment by the CITY shall in no way impair or prejudice any right or
remedy available to the CITY with regard to such breach or default.
6.13 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
6.14 Notice
Except as otherwise required by law, any payment, notice or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a)the day of delivery if delivered by hand or overnight courier service
during CONSULTANT's or CITY's regular business hours or(b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses listed below,
or at such other address as one party may notify the other:
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To CITY:
Responsible Person: Alan Braatvedt
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Responsible Person: Jim Barton
Address: Ninyo & Moore
475 Goddard, Suite 200
Irvine, CA 92618
6.15 Audits and Accounting
The City, the State of California, California State Auditor, or any of their
representatives may examine and audit all records and other written materials used or
produced by CONSULTANT in relation to this Agreement. CONSULTANT shall preserve
all such records and other written materials for this purpose for at least three(3)years after
final payment under this Agreement. CONSULTANT shall promptly furnish such records or
other written materials requested by the City, State or State Auditor. Furthermore,
CONSULTANT shall maintain books, records, and other documents pertinent to its work
under the Agreement in accordance with generally accepted accounting principles and
practices, and CONSULTANT shall require the same of all of its subcontractors.
6.16 Drug-Free Workplace Certification
The Drug-Free Workplace Certification is attached hereto as Exhibit"C"and
incorporated herein by this reference. CONSULTANT shall sign the Exhibit "C" under
penalty perjury,of require its subcontractors to sign Exhibit "C" under penalty of perjury,
and submit all of the signed copies of Exhibit "C" to the CITY immediately.
6.17 Inspections
The State of California shall have the right to inspect the work being
performed at any and all reasonable times, providing a minimum of a 24-hour notice,
during the term of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: Faust 9, 2013 Ninvo & Poore
("CONSULTANT")
By:
Printed Name: Jalal Vakili
Title: Principal Engineer
By:
Printed Name: Carol Price
Title: Principal Geologist
Dated: S" D-1 - 13 CITY OF RANCHO PALOS VERDES
("CITY")
By:
City Manager
ATTEST: APPROVED AS TO FORM:
By:
W,L,'-fiz,4Leisc_ By:
City Clerk City Attorney
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Exhibit "A":
City's Request For Proposals
Exhibit "A"
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REQUEST FOR PROPOSALS
CITY OF RANCHO PALOS VERDES
WELDING INSPECTION OF 54" DIAMETER PIPE FOR THE
SAN RAMON STORM DRAINAGE SYSTEM
www.palosverdes.com
MAYOR, SUSAN BROOKS
MAYOR PRO TEM, JERRY DUHOVIC
COUNCILMEMBER, BRIAN CAMPBELL
COUNCILMEMBER, JIM KNIGHT
COUNCILMEMBER, ANTHONY MISETICH
The City of Rancho Palos Verdes invites proposals from selected inspection service firms to
provide welding inspection services for the San Ramon Canyon Storm Drain System. It is
essential that the individuals involved have the relevant personal experience.
To be considered for this project, your proposals must be received by the Public Works
Department, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, with attention to:
Les Jones, Interim Director of Public Works, no later than 2 p.m., Thursday, August 1, 2013.
Electronic submissions will not be accepted.
1. Project Background and Description
The welding inspections for the San Ramon Storm Drainage System Project consists of
inspecting field welded joints for 2000' of Spiral Welded 54" Diameter 5/8" Steel Pipe
installed in a rib and lab tunnel, 1800' of Spiral Welded 54" Diameter 5/8" Steel Pipe
installed in an open cut, and 300' of "Rolled" 54" Diameter 1" Steel Pipe installed in a
slant drain tunnel. A total of 4100' of 54" Steel Thick-walled pipe will be installed on the
project. The construction project has been awarded to General Contractor L.H. Woods &
Sons and is currently underway.
2. Scope of Services
The Inspection Service Firm shall be responsible for providing complete Welding
Inspection Services as follows:
a. Visually inspect up to four welders at a time in a medium diameter pipeline
environment. Welders will be performing AWS D 1.1 fillet welds on 5/8" and 1" steel
pipeline. The fillet weld has an approved procedure and has been tested before to
RFP for Welding Inspection Services for the San Ramon Canyon Project
Page 1 of 4
AWS Standards (Welding Procedures and Connections Submittals approved as per
attached Exhibits).
b. Full-time inspection of randomly selected welds and Die Penetrant tests per AWS D
1.1 standards are to be performed. A single inspector will be required.
c. Inspection is likely to be required on three or four separate occasions for a total
duration of about 30 working-days. The following dates are provided as a guideline:
1. Mid-August 2013 —inspection of 1500' Spiral Welded 54" Diameter 5/8" Steel
Pipe "Open Cut" portion.
2. Early-October 2013 — inspection of 300' "Rolled" 54" Diameter 1" Steel Pipe
"Slant Drain" Portion.
3. Early-December 2013 — inspection of 2000' Spiral Welded 54" Diameter 5/8"
Steel Pipe "Rib & Lag" portion.
4. Late-December 2013 — inspection of 300' Spiral Welded 54" Diameter 5/8"
Steel Pipe "Open Cut" portions (only about 10-15 joints).
d. Inspection Personnel shall have Confined Space Certification and must also complete
the individual certifications required by General Contractor L.H. Woods and Tunneling
Subcontractor DrillTech Engineering.
3. Team
The Project Owner is City of Rancho Palos Verdes. The General Contractor on the
project is L.H. Woods & Sons. Tunneling Subcontractor, DrillTech Engineering, is
performing the tunneling operations with L.H. Woods self-performing the welding.
Construction Management services are provided by KOA Corporation. Geotechnical
planning and inspections are provided by Ninyo & Moore. Project Design and Engineer
provided by Harris &Associates.
4. Deliverables
Detailed Daily Inspection Logs are to be submitted and shall include inspection
verification of all inspection points as determined by AWS D 1.1 standards. Plot the
location of every weld on an As-Built plan and relate each with the daily inspection logs.
5. Inspection Services Firm Representative
The Inspection firm shall assign a primary representative and an alternate to perform the
services described in the scope of work. Both shall be identified in the proposal. The
firms representative shall remain in responsible charge of all field duties from the first day
of required inspection through the completion of the pipe welding component of the
project. If the primary representative is unable to continue with the inspection services,
then the alternate representative shall become the primary representative.
RFP for Welding Inspection Services for the San Ramon Canyon Project
Page 2 of 4
6. Inspection Services Firm —Additional Responsibilities
The successful Inspection Firm shall be required to enter into a written contract with the
City of Rancho Palos Verdes and shall be responsible for completing the specified
services in Accordance with the City's standard "Professional Services Agreement" which
shall be prepared by the City. A copy of this standard agreement is attached.
This Request for Proposals and any subsequent correspondence, or any part thereof,
may be incorporated into and made a part of the final contract; however, the City
reserves the right to further negotiate the terms and conditions of the agreement with the
successful inspection services firm. At a minimum, the agreement shall include an all-
inclusive daily rate, with an all-inclusive hourly cost to the City of Rancho Palos Verdes.
The primary components and provisions of the agreement shall include the insurance
requirements.
7. City Responsibilities
e. The City shall provide the following to assist the Inspection Services Firm with the
project and its completion:
1. Project Plans & Specifications (as requested).
2. Copies of Approved Submittals
3. List of Project Stakeholders
4. Sample Contract
8. Submission of Proposals
The proposals shall be presented in any suitable format, and include at a minimum the
following information:
o Introduction and understanding of the project and scope of work. This is
viewed as an important component of the proposal.
o Inspection Services Firm experience with at least three recent projects of
similar scope, including references with contact person and telephone
number.
o Identification of the project team, including resumes of field inspectors.
The Inspection Firm's primary representative shall be available on all
occasions for discussion with City staff
o An all-inclusive hourly rate for the services to be provided. The hourly fee
shall include all costs such as travel expenses, including travel time,
telephone, overhead, profit, etc. as the City will not entertain paying for
these items separately. Overtime will be paid should the work-day exceed
8-hours in any one day.
9. Selection Procedure
City staff will review the inspection proposals. Proposals will be evaluated based on the
following criteria:
o Experience of the firm in providing similar services.
o Relevant experience of individual team members assigned to the project.
o Your understanding of the project and the issues that need to be
addressed.
o References from clients for whom similar services were provided.
Any questions regarding this proposal shall be submitted in writing to the Public Works
Department, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, and
attention: Alan Braatvedt. Questions may be submitted via e-mail to alanb(a-)-rpv.com
RFP for Welding Inspection Services for the San Ramon Canyon Project
Page 3 of 4
AND a Ian b(a)koacorporation.com. The e-mail shall be clearly identified in the subject line
as: "Welding Inspection Services of San Ramon Storm Drainage System: Request for
Information" All questions must be received no later than 5 p.m., July 25, 2013.
Responses to all questions received will be e-mailed to all prospective proposers on or
before July 30, 2013.
10. General Information
o This Request for Proposal does not commit the City of Rancho Palos
Verdes to pay costs incurred in the preparation of a response to this
request. No work may begin until a "Professional Services Agreement" is
executed and the City issues a Notice to Proceed.
o Not withstanding any other provisions of this Request for Proposal, the
City of Rancho Palos Verdes reserves the right to reject any and all
proposals and to waive any informality in a proposal.
o Submission of a proposal shall constitute acknowledgement of all terms
and conditions set forth in the Request for Proposal unless otherwise
expressly stated in the proposal.
o All data, documents, and other products used or developed for this project
shall remain in the public domain upon completion of the project. Similarly,
all responses to this Request for Proposal shall become the property of the
City of Rancho Palos Verdes.
o The method of payment upon negotiation of a contract shall be monthly
payments based upon satisfactory progress and the submission of
invoices for payment.
o All correspondence during the reply period shall be by e-mail.
o The City reserves the right to conduct personal interviews of respondents.
o The City reserves the right to request clarification of information submitted
and to request additional information that it may reasonably require, which
shall be furnished by the respondent.
o Statements may not be modified or withdrawn prior to the selection of
inspection services firm.
o The City will require the selected inspection services firm to enter into a
standard professional services agreement prepared by the City.
11. Attachments
The following information is provided as reference: Reference attached Approved Contractor
Submittal Packages
5. Exhibit A— Front End Welding Submittal Package
6. Exhibit B — Rib & Lag / Slant Drain Pipe Shop Drawings
7. Exhibit C — Open Cut Pipe Shop Drawings
8. Exhibit D — Standard Professional Services Agreement prepared by the City.
RFP for Welding Inspection Services for the San Ramon Canyon Project
Page 4 of 4
i0 0
Exhibit "B":
Consultant's Proposal and Schedule of Hourly Rates
Exhibit "B"
R6876-0001\1602653v2.doc Agreement for Design Professional Services
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July 29, 2013
Proposal No. P-16063
Mr. Les Jones
City of Rancho Palos Verdes
Public Works Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Subject: Proposal for Welding Inspection Services
San Ramon Storm Drainage System Project
Rancho Palos Verdes, California
Dear Mr.Jones:
Ninyo & Moore is pleased to submit this proposal to provide welding inspection services during the construction of
the San Ramon Storm Drainage System Project in Rancho Palos Verdes, California. We understand the City's
needs and desires for these services and are committed to providing high quality and cost-effective welding inspec-
tion services. We are ready to meet the City's requirements by making available a tailored team of dedicated
professionals who have the resources and requisite experience with similar projects to meet your needs.
Some of the advantages Ninyo& Moore provides the City of Rancho Palos Verdes include:
• A proven track record as the geotechnical on-call consultant for many other cities in southern California. Under
these contracts Ninyo & Moore has performed welding inspection services on numerous projects that are similar
in type and scope to the City of Rancho Palos Verdes'planned project.
• A team composed of highly experienced geotechnical engineers, geologists, inspectors, and field and laboratory
technicians. Dr. Jalal Vakili, a Principal Engineer of Ninyo & Moore, will lead the team, and has the authority to
draw on the entire resources of Ninyo&Moore for the timely and successful completion of the projects.
• Our services will be coordinated from our Irvine office and geotechnical laboratory located at:
475 Goddard,Suite 200, Irvine, California 92618
Phone: 9491753-7070 ■ Fax:9491753-7071
• As one of the largest geotechnical consulting firms in Southern California, Ninyo& Moore employs over 407 pro-
fessionals, including numerous California-registered engineers and geologists and certified inspectors and
technicians.
• Our field and laboratory technicians with certifications from ICC, NICET, ACI, and Caltrans. Our fully-equipped,
in-house soil and material testing laboratories are accredited by Caltrans, American Association of State High-
way and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratory (CCRL), the City of
Los Angeles, the Division of the State Architect, and many other public agencies.
• Ninyo& Moore is a Minority Business Enterprise.
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San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
We are fully prepared to make every possible commitment needed for the successful and timely completion of the
project assigned to us.Your favorable consideration of this proposal is appreciated, and we look forward to being of
service to the City of Rancho Palos Verdes.
Sincerely,
NINYO&MOORE
Jalal Vakili, PhD, PE
Principal Engineer
AR/JV/klb
P-16063_w-Fee Inserted 2
San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
TABLE OF CONTENTS
Page
PROJECT UNDERSTANDING.............................................................................................................1
SCOPEOF SERVICES.......................................................................................................................1
ASSUMPTIONS..................................................................................................................................1
ESTIMATEDFEE ...............................................................................................................................1
COMPANYPROFILE..........................................................................................................................2
PROJECTTEAM ................................................................................................................................3
Attachments
Table 1 —Breakdown of Estimated Fee
Schedule of Fees
Schedule of Fees for Laboratory Testing
Appendix
Resumes of Key Personnel
P-16063_w-Fee Inserted i
San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
PROJECT UNDERSTANDING
Based on our review of the Request for Proposal (RFP), we understand that the project will generally consist of in-
specting of pipe welds for 3,800 linear feet (LF) of spiral welded 54-inch diameter steel pipe and 300 LF of 54-inch
diameter "rolled" steel pipe. The pipe installation will include both tunneling and "cut and cover" construction. The
anticipated level of effort for inspection services is 30 days. Our proposed field inspectors are American Welding So-
ciety(AWS)certified and if selected,will be confined space certified.
SCOPE OF SERVICES
Based on the information outlined above, our current understanding of the project, and our experience with similar
projects,we propose the following services in accordance with AWS D1.1 requirements:
• Project coordination and management, including review of the project reports, plans, specifications and special
provisions, and providing test data summary reports.
• Attendance at pre-construction meetings and field meetings,as requested.
• Field welding inspection services including die penetrant tests in general accordance with the project specifica-
tions and AWS D 1.1 standards.
• Preparation of field observation reports and test data sheets. Our reports will include weld locations and photo
documentation as necessary. Our documents will be made available to our client on a daily basis or provided as
requested.
ASSUMPTIONS
The following assumptions have been made in the preparation of our scope of services:
• Our services will be scheduled and coordinated by our client's field inspector or project manager on an as-
needed basis.
• Our services are subject to prevailing wage requirements.
• Our estimated fee does not include stand-by time or cost associated with resampling or retesting materials that
were found not to be in compliance with the project plans and specifications. Our services will depend on the
construction schedule and contractor's operations. Hours spent that exceed those in the attached table will be
billed on a time-and-materials basis.
ESTIMATED FEE
We propose to provide our soils and materials testing services on a time-and-materials basis in accordance with the
attached Schedule of Fees and Schedule of Fees for Laboratory Testing. Our estimated fee for the scope of services
P-16063_w-Fee Inserted 1
San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
described herein is presented in the attached Table 1. As indicated in the RFP, our rates include travel expenses,
telephone usage,overhead, and profit.Travel time to the site will not be charged.
COMPANY PROFILE
Ninyo & Moore, a California Corporation, is a minority-owned,
multidisciplinary consulting firm that provides high-quality
geotechnical and environmental consulting services. The firm
was incorporated in 1986 to provide consulting services in
geotechnical engineering, construction inspection and testing,
engineering geology, hydrogeology, hazardous waste remediation
and environmental assessment. We are committed to being
responsive, thorough, technically sound, and active in the 101�c
business community. Ninyo & Moore serves its clients through offices in Los Angeles, Irvine, Rancho Cucamonga,
San Diego, San Francisco, Oakland, San Jose and Sacramento, California; Las Vegas, Nevada; Prescott Valley and
Phoenix,Arizona; Denver, Colorado; and Houston,Texas.
The quality of Ninyo & Moore's personnel base of over 400 employees is widely recognized. Our staff of
professionals includes experienced and registered geotechnical engineers, civil engineers, environmental engineers,
engineering geologists, hydrogeologists, environmental scientists, certified technicians and field inspectors, and
hazardous waste and regulatory compliance specialists. The experience of Ninyo & Moore's geotechnical staff
encompasses projects throughout the southwestern United States including roads, highways, bridges, pipelines,
sewers, reservoirs, pump stations, treatment plants, recreational educational, power plants, soundwalls, dams,
waste-to-energy facilities, tanks, maintenance, and medical facilities, municipal and commercial structures, tunnels,
transmission towers, harbors and offshore structures, railroads, airports, low- and high-rise structures, landfills, and
other public and private works. Our environmental staff has diverse experience in environmental assessment and
audits, hazardous material assessment, surface and subsurface sampling, asbestos, lead-based paint, sampling and
analysis, cost estimates, contamination studies, soil and groundwater contamination studies, site remediation,
emergency response to hazardous spills, abatement, and redevelopment activities and projects.
In addition, Ninyo & Moore has five fully-equipped, certified geotechnical laboratory facilities in California supervised
by registered engineers. Our laboratories are certified by AASHTO, Caltrans, the Division of the State Architect, the
City of Los Angeles, and the City of San Diego.
P-16063_w-Fee Inserted 2
San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
PROJECT TEAM
Mr. Garreth Saiki, P.E., G.E., will serve as the Project Manager. Mr. Saiki will provide project management and
oversight, review field and laboratory test results, provide supervision and technical support to field and laboratory
technicians, perform project administration and management including cost and schedule controls. Mr. Saiki is a
California Registered Geotechnical Engineer with extensive experience in geotechnical engineering for recreational,
municipal and commercial developments for various city and county agencies. Mr. Saiki has managed similar
materials testing services contracts for public agencies, including the County of Los Angeles Department of Public
Works, City of Angeles, Bureau of Engineering, Los Angeles Unified School District, and the Orange County
Sanitation District.
Ninyo & Moore's field staff is highly experienced and qualified to provide testing and welding inspection services for
an extensive range of project requirements. Ninyo & Moore's field and laboratory technicians maintain certifications
with AWS/CWI, ICC, various city and county agencies, and possess a working knowledge of the requirements and
procedures as specified by these agencies and are extensively experienced at providing welding inspection services
for construction projects. The following table summarizes key personnel being submitted for this contract. Detailed
resumes are being provided in Appendix A.
Table 1 —Key Project Team
r
Garreth Saiki, Project Manager M.S.Civil Engineering Registered Civil Engineer,CA,RCE 49665 27
PE,GE B.S.Civil Engineering Registered Geotechnical Engineer, CA, GE
M.B.A 2509
Selected Inspectors/Technicians
Pat Philpott Welding Inspector AWS/CWI#92061981 30
ICC Structural Steel&Welding Special Inspector#0848927-85
City of Los Angeles Structural Steel#P018963
County of Los Angeles Special Inspector#00164
City of Long Beach#597
County of Orange Special Inspector#0200
City of Newport Beach Special Inspector#NB-0050
City of Irvine Special Inspector#337
Franklin Tsai Welding Inspector AWS-CWI#00110271 16
Certified Structural Steel and Welding,ICC#5051522-85
ASNT Level II:Ultrasonic,Magnetic Particle Testing
Ray Getz Welding Inspector AWS-CWI,American Welding Society#09121121 16
ICC Reinforced Concrete,#5246858
ICC Prestressed Concrete,#5246858
ICC Structural Masonry,#5246858
ICC Special Inspector Structural Steel/Welding,#5246858
ICC Structural Steel and Bolting,#5246858
ICC Fireproofing,#5246858
County of Orange Special Inspector
ACI Concrete
P-16063_w-Fee Inserted 3
San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
RELEVANT PROJECT EXPERIENCE
Client: Inland Empire Utilities Agency
6075 Kimball Avenue, Building A, Chino, CA 91708
Contact: Mr. David Mendez;909/993-1600
Ninyo & Moore is providing on-call geotechnical testing, materials testing, and special inspection services associat-
ed with the construction of the$10 million 930 Zone Recycled Water Reservoir Project. The Inland Empire Utilities
Agency (IEUA) is constructing the reservoir (and other associated projects) to further expand its recycled water
distribution system within its jurisdiction.The new reservoir is being constructed near Galloping Hills Road in Chino
Hills. In addition to the reservoir, IEUA will also construct a 4+ pipeline connecting the reservoir to a pump station at
the IEUA Carbon Canyon Recycled Water Facility in Chino. Portions of the pipeline are being incorporated into the
reservoir project. To-date, Ninyo& Moore observed the mass grading of the project site. Hillside grading involved
cuts and fills up to 50 feet. Due to the complicated geologic environment at the reservoir site, Ninyo & Moore
worked closely with IEUA throughout grading and provided geotechnical engineer support in addition to typical
grading geotechnical observation and field density testing. Ninyo& Moore is also observing on-going welding fabri-
cation shop activities. Pipeline being fabricated in the shop consists of 30-inch-diameter cement-mortar lined ductile
iron pipe. Welding inspections are being performed by a Ninyo & Moore AWS-CWI who is working in close contact
with the IEUA project manager.
Client: RBF Consulting
14725 Alton Parkway, Irvine, CA 92618
Contact: Mr.Jerome Ruddins;949/855-3634
Ninyo& Moore provided inspection and materials testing services during construction of the Joint Transmission
Main Relocation at Crown Valley Parkway and Alicia Parkway project in Laguna Niguel, California.The project gen-
erally included relocation of the existing water main. The new water main pipe consisted of approximately 1,200
linear feet of 39 inch diameter steel pipe. The new pipe was placed on Crown Valley Parkway and Alicia Parkway.
The project also included abandonment of existing vaults as well as construction of a new concrete vault. Ninyo and
Moore provided pipe welding inspection services, non destructive examination (dye penetrant) of welds and con-
crete sampling and testing. Daily reports with photos documentation was provided on a daily basis. Our laboratory
testing services included concrete compressive strength testing.The welding inspectors were certified by American
Welding Society and the concrete inspectors were certified by International Code Council.
P-16063_w-Fee Inserted 4
San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
Client: John Wayne Airport
3160 Airway Avenue, Costa Mesa, CA 92626
Contact: Mr.Ambi Thurai; 949/252-5298
Ninyo & Moore provided geotechnical testing, materials testing, and special inspection services associated with the
construction of the new$40 million South Remain Overnight (RON) apron. The construction of the new apron was
necessary to provide room for the construction of the new Terminal C facility, which will extend onto the old South
RON apron. The new apron design consists of 17 inches of PCC over 13 inches of aggregate base. Subgrade
preparation and the concrete apron construction were performed in accordance with Federal Aviation Administration
(FAA) specifications. Our services included geotechnical observation and field density testing to evaluate FAA des-
ignation P-152 (embankment/subgrade soils), P-158 (crushed miscellaneous base), P-209 (crushed aggregate
base). In addition, we performed field sampling/testing and batch plant inspection of P-501 (PCC pavement) con-
crete and P-610 (structural concrete), and P-153 (controlled low-strength material). Laboratory testing for concrete
compressive strength (cylinders), concrete flexural strength (beams), cleanness value, sand equivalent, sieve analysis,
soil maximum density,Atterberg limits. In addition, Ninyo&Moore provided special inspection for welding of the fuel line
extension and masonry blast wall construction.
i ® d
Client: Inland Empire Utilities Agency
6075 Kimball Avenue, Building A, Ontario, CA 91708
Contact: Mr. David Mendez;909/993-1600
Ninyo&Moore provided on-call geotechnical testing, materials testing, and special inspection services associated with
the construction of the $25 million 1630 Recycled Water Pipeline Project. The Inland Empire Utilities Agency (IEUA)
constructed the pipeline (and other associated projects) to further expand their recycled water facilities within their
jurisdiction. The 6+ mile long pipeline connected the newly constructed Pump Station near the intersection of East 6th
Street and North Baker Avenue in Ontario to the newly constructed reservoir near the intersection of 19th Street and
Sapphire Street in Rancho Cucamonga. The new pipeline consisted of 30-inch-diameter cement-mortar lined ductile
iron pipe placed by means of typical cut-and-cover construction. Jack and bore construction was performed at some
railroad crossings and major intersections.The depth of the pipeline was 5 to 15 feet deep. Ninyo& Moore observed
the day-to-day construction activities, including geotechnical observation and field density testing, construction of new
pavements,and construction of concrete curbs/gutters/sidewalks/appurtenances that replaced structures disturbed
during construction. Ninyo& Moore performed special inspections of concrete, masonry, as well as welding inspection
of the pipeline. Ninyo& Moore also performed field sampling and laboratory testing of soil, aggregate base, asphalt
concrete, Portland cement concrete, to ensure project materials were in conformance with the project plans and
specifications. Due to the project location passing through dense residential areas and near multiple schools, Ninyo&
Moore assisted the project team to ensure safety protocols were in-place and followed closely during construction.
Additionally, due to the length of the pipeline alignment and abbreviated construction schedule, IEUA constructed the
pipeline as three separate concurrent projects (Segments A, B, and C). Ninyo& Moore utilized a number of cost-
saving efficiencies during construction of the projects.
P-16063_w-Fee Inserted 5
San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
TABLE 1 - BREAKDOWN OF ESTIMATED FEE
PROJECT COORDINATION, MANAGEMENT AND TECHNICAL SUPPORT
Senior Project Engineer/Geologist/Environmental Scientist 8 hours @ $ 145.00 /hour $ 1,160.00
Supervisory Technician 4 hours @ $ 86.00 /hour-$ 344.00
Subtotal $ 1,504.00
FIELD SERVICES
Field Welding Inspector 240 hours @ $ 79.00 /hour $18,960.00
Field Vehicle and Equipment Usage 240 hours @ $ 10.00 /hour-$ 2,400.00
Subtotal $21,360.00
TOTAL ESTIMATED FEE $22,864.00
COW ,
San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
SCHEDULE OF FEES
HOURLY CHARGES FOR PERSONNEL
Principal Engineer/Geologist/Environmental Scientist........................................................................................... $ 154
Senior Engineer/Geologist/Environmental Scientist............................................................................................... $ 148
Senior Project Engineer/Geologist/Environ mental Scientist.................................................................................. $ 145
Project Engineer/Geologist/Environmental Scientist.............................................................................................. $ 142
Senior Staff Engineer/Geologist/Environmental Scientist...................................................................................... $ 128
Staff Engineer/Geologist/Environmental Scientist.................................................................................................. $ 120
GISAnalyst............................................................................................................................................................. $ 120
FieldOperations Manager...................................................................................................................................... $ 95
SupervisoryTechnician*......................................................................................................................................... $ 86
Nondestructive Examination Technician*, UT, MT, LP.......................................................................................... $ 85
Senior Field/Laboratory Technician*...................................................................................................................... $ 79
Field/Laboratory Technician*.................................................................................................................................. $ 79
ACIConcrete Technician*...................................................................................................................................... $ 79
Concrete/Asphalt Batch Plant Inspector*............................................................................................................... $ 79
Special Inspector(Concrete, Masonry, Steel,Welding,and Fireproofing)*.......................................................... $ 79
Technical Illustrator/CAD Operator......................................................................................................................... $ 78
Geotechnical/Environmental/Laboratory Assistant................................................................................................ $ 66
InformationSpecialist.............................................................................................................................................. $ 66
Data Processing,Technical Editing,or Reproduction............................................................................................ $ 58
OTHER CHARGES
ExpertWitness Testimony............................................................................................................................ $ 400 /hr
Concrete Coring Equipment(includes one technician)............................................................................... $ 160 /hr
PID/FID Usage.............................................................................................................................................. $ 120 /day
Anchor load test equipment(includes technician)....................................................................................... $ 89 /hr
HandAuger Equipment................................................................................................................................ $ 55 /day
InclinometerUsage ...................................................................................................................................... $ 32 /hr
VaporEmission Kits...................................................................................................................................... $ 30 /kit
Level D Personal Protective Equipment(per person per day).................................................................... $ 25 /p/d
Rebar Locator(Pachometer)........................................................................................................................ $ 22 /hr
Nuclear Density Gauge Usage..................................................................................................................... $ 12 /hr
FieldVehicle Usage...................................................................................................................................... $ 10 /hr
Direct Project Expenses....................................................................................................................... Cost plus 15%
Laboratory testing, equipment,and otherspecial equipment rovided upon request.
NOTES(Field Services)
For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday
construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal con-
struction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12
hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates
are based on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-
hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal.
*Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of Industrial
Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage De-
termination during the life of the project.
INVOICES
Invoices will be submitted monthly and are due upon receipt.A service charge of 1.0 percent per month may be charged
on accounts not paid within 30 days.
TERMS AND CONDITIONS
The terms and conditions of providing our consulting services include our limitation of liability and indemnities as pre-
sented in Ninyo&Moore's Work Authorization and Agreement.
COW
San Ramon Storm Drainage System July 29, 2013
Rancho Palos Verdes, California Proposal No. P-16063
SCHEDULE OF FEES FOR LABORATORY TESTING
Laboratory Test, Test Designation, and Price Per Test
Soils Concrete
Atterberg Limits,D 4318,CT 204..............................................$ 145 Cement Analysis Chemical and Physical,C 109................................$ 1,650
California Bearing Ratio(CBR),D 1883....................................$ 440 Compression Tests,6x12 Cylinder,C 39...........................................$ 22
Chloride and Sulfate Content,CT 417&CT 422......................$ 135 Concrete Mix Design Review,Job Spec.............................................$ 140
Consolidation,D 2435,CT 219..................................................$ 275 Concrete Mix Design,per Trial Batch,6 cylinder,ACI........................$ 750
Consolidation—Time Rate,D 2435,CT 219............................$ 70 Concrete Cores,Compression(excludes sampling),C 42................$ 55
Direct Shear—Remolded,D 3080.............................................$ 290 Drying Shrinkage,C 157.....................................................................$ 250
Direct Shear—Undisturbed,D 3080..........................................$ 250 Flexural Test,C 78..............................................................................$ 50
Durability Index,CT 229.............................................................$ 150 Flexural Test,C 293............................................................................$ 55
Expansion Index,D 4829,UBC 18-2........................................$ 165 Flexural Test,CT 523..........................................................................$ 60
Expansion Potential(Method A),D 4546..................................$ 145 Gunite/Shotcrete,Panels,3 cut cores per panel and test, ACI.........$ 250
Expansive Pressure(Method C),D 4546..................................$ 145 Jobsite Testing Laboratory.................................................................. Quote
Geofabric Tensile and Elongation Test,D 4632........................$ 165 Lightweight Concrete Fill,Compression,C 495..................................$ 40
Hydraulic Conductivity,D 5084..................................................$ 300 Petrographic Analysis,C 856..............................................................$ 1,100
Hydrometer Analysis,D 422,CT 203........................................$ 190 Splitting Tensile Strength,C 496.........................................................$ 80
Moisture,Ash,&Organic Matter of Peat/Organic Soils............$ 110
Moisture Only,D 2216,CT 226.................................................$ 30 Reinforcing and Structural Steel
Moisture and Density,D 2937...................................................$ 39 Fireproofing Density Test,UBC 7-6....................................................$ 55
Permeability,CH,D 2434,CT 220............................................$ 230 Hardness Test,Rockwell,A-370.........................................................$ 50
pH and Resistivity,CT 643........................................................$ 140 High Strength Bolt,Nut&Washer Conformance,set,A-325.............$ 120
Proctor Density D 1557,D 698,CT 216,&...............................$ 180 Mechanically Spliced Reinforcing Tensile Test,ACI..........................$ 95
AASHTO T-180(Rock corrections add$80) Pre-Stress Strand(7 wire),A 416.......................................................$ 140
R-value,D 2844,CT 301...........................................................$ 250 Chemical Analysis,A-36,A-615..........................................................$ 120
Sand Equivalent,D 2419,CT 217.............................................$ 90 Reinforcing Tensile or Bend up to No.11,A 615& A 706................$ 50
Sieve Analysis,D 422,CT 202..................................................$ 110 Structural Steel Tensile Test:Up to 200,000 lbs.
Sieve Analysis,200 Wash,D 1140,CT 202.............................$ 90 (machining extra),A 370...................................................................$ 70
Specific Gravity,D 854...............................................................$ 90 Welded Reinforcing Tensile Test:Up to No.11 bars,ACI.................$ 55
Thermal Resistivity(ASTM 5334,IEEE 442) ...........................$ 800
Triaxial Shear,C.D,D 4767,T 297............................................$ 390 Asphalt Concrete
Triaxial Shear,C.U.,w/pore pressure,D 4767,T 2297 per pt..$ 330 Asphalt Mix Design,Caltrans..............................................................$ 2,200
Triaxial Shear,C.U.,w/o pore pressure,D 4767,T 2297 per pt..$ 190 Asphalt Mix Design Review,Job Spec...............................................$ 150
Triaxial Shear,U.U.,D 2850......................................................$ 140 Extraction, /o Asphalt,including Gradation,D 2172,CT 382.............$ 215
Unconfined Compression,D 2166,T 208.................................$ 100 Film Stripping,CT 302.........................................................................$ 100
Wax Density,D 1188.................................................................$ 90 Hveem Stability and Unit Weight CTM or ASTM, CT 366.................$ 195
Marshall Stability,Flow and Unit Weight,T-245.................................$ 215
Roofing Maximum Theoretical Unit Weight,D 2041........................................$ 120
Built-up Roofing,cut-out samples,D 2829................................$ 165 Swell,CT 305.......................................................................................$ 165
Roofing Materials Analysis,D 2829...........................................$ 500 Unit Weight sample or core,D 2726,CT 308.....................................$ 90
Roofing Tile Absorption,(set of 5),UBC 15-5...........................$ 190
Roofing Tile Strength Test,(set of 5),UBC 15-5.......................$ 190 Aggregates
Absorption,Coarse,C 127..................................................................$ 35
Masonry Absorption,Fine,C 128.......................................................................$ 35
Brick Absorption,24-hour submersion,C 67.............................$ 45 Clay Lumps and Friable Particles,C 142............................................$ 100
Brick Absorption,5-hour boiling,C 67.......................................$ 55 Cleanness Value,CT 227...................................................................$ 120
Brick Absorption,7-day,C 67....................................................$ 60 Crushed Particles,CT 205..................................................................$ 140
Brick Compression Test,C 67...................................................$ 45 Durability,Coarse,CT 229..................................................................$ 130
Brick Efflorescence,C 67...........................................................$ 45 Durability,Fine,CT 229.......................................................................$ 130
Brick Modulus of Rupture,C 67.................................................$ 40 Los Angeles Abrasion,C 131 or C 535...............................................$ 180
Brick Moisture as received,C 67...............................................$ 35 Mortar making properties of fine aggregate,C 87..............................$ 275
Brick Saturation Coefficient,C 67..............................................$ 50 Organic Impurities,C 40......................................................................$ 55
Concrete Block Compression Test,8x8x16,C 140..................$ 60 Potential Reactivity of Aggregate(Chemical Method),C 289............$ 390
Concrete Block Conformance Package,C 90..........................$ 440 Sand Equivalent,CT 217....................................................................$ 90
Concrete Block Linear Shrinkage,C 426..................................$ 120 Sieve Analysis,Coarse Aggregate,C 136..........................................$ 105
Concrete Block Unit Weight and Absorption,C 140.................$ 55 Sieve Analysis,Fine Aggregate(including wash),C 136...................$ 105
Cores,Compression or Shear Bond,CA Code........................$ 55 Sodium Sulfate Soundness(per size fraction),C 88..........................$ 160
Masonry Grout,3x3x6 prism compression,UBC 21-18...........$ 30 Specific Gravity,Coarse,C 127..........................................................$ 75
Masonry Mortar,2x4 cylinder compression,UBC 21-16..........$ 30 Specific Gravity,Fine,C 128...............................................................$ 85
Masonry Prism,half size,compression,UBC 21-17.................$ 110
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.
COW
GARRETH M. SAIKI, RE, GE
Project Manager
EDUCATION
Master of Business Administration, 1998, University of California, Davis
Master of Science, Civil Engineering, 1989, University of California, Berkeley
Bachelor of Science, Civil Engineering, 1987, University of California, Berkeley
REGISTRATIONS
Registered Civil Engineer, California, RCE 49665
Registered Geotechnical Engineer, California, GE 2509
PROFESSIONAL RESPONSIBILITIES AND PROJECT EXPERIENCE
As a Project Manager for Ninyo & Moore, Mr. Saiki provides project coordination and oversees 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 Uniform Building Code (UBC), 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
Construction (Greenbook).
■ Orange County Sanitation Authority On-Call Geotechnical, Materials Testing, and Inspection
Services for Collection Systems and Treatment Plant Projects: Project Manager retained for the
last four consecutive contract periods (over 43 projects) to provide the Authority with as-requested ge-
otechnical, materials testing, and inspection services for various projects located within the Authority's
Collection System, Treatment Plant No. 1 in Fountain Valley and Treatment Plant No. 2 in Huntington
Beach. Ninyo & Moore has provided field technicians and registered deputy inspectors on various Au-
thority projects to perform field sampling and testing of materials and special inspection services.
■ On-Call Geotechnical/Materials Testing and Construction Inspection Services, John Wayne Air-
port, Orange County, California: Project Engineer retained to provide on-call geotechnical, materials
testing and inspection services for various airport projects located at the John Way Airport in Orange
County, California.
■ County of Los Angeles, On-Call Soils and Materials Testing & Inspection Services, California:
Project Manager for the on-call materials testing and inspections contract for various County of Los An-
geles Department of Public Works contracts. Responsibilities include contract management and daily
coordination of field technicians, special deputy inspectors, and laboratory testing services in support of
over forty construction projects throughout the County of Los Angeles.
■ Waterworks District 40 Headquarters, Lancaster, California: Project Manager for the geotechnical
observation and testing during construction of the Waterworks District 40 Headquarters. Mr. Saiki man-
aged field technicians, performed periodic site inspections during earthwork, evaluated footing
excavations, and prepared the as-graded geotechnical report for the project.
■ CDBG Storm Drain, Orange, California: Project Engineer during the geotechnical evaluation of a new
51-inch RCP pipeline in the City of Orange. The project involved subsurface exploration along the pipe-
line, laboratory testing, and preparation of a geotechnical design report. Mr. Saiki analyzed boring data
to evaluate pipe bedding conditions and developed design parameters for shoring, pipe zone backfill,
trench backfill, and pavement construction.
■ Hellman Ave Storm Drain Storm Drain Improvements, Rancho Cucamonga, California: Project
Manager retained to provide geotechnical and materials testing services for the construction of the
Hellman Avenue Master Planned Storm Drain Improvements and Street Improvements — Phase 2 pro-
ject. Services included project coordination and management with the client construction manager.
Improvements consisted of constructing various diameter reinforced concrete pipe (RCP), storm drain
improvements, underground utility improvements, various drainage structures, new retaining walls, re-
moval and replacement of sections of the roadway, street widening, asphalt-rubberized hot mix (ARHM)
overlay, sidewalk improvements, curb and gutter improvements, signal improvements, street lighting
improvements, signage and striping, various landscaping improvements and miscellaneous appurte-
nances.
PATRICK P ILPOTT
AWS-CW/ Welding Inspector
EDUCATION
Diploma/High School
CERTIFICATIONS
AWS/CWI #92061981
ICC Structural Steel &Welding Special Inspector#0848927-85
City of Los Angeles Structural Steel#P018963
County of Los Angeles Special Inspector#00164
City of Long Beach#597
County of Orange Special Inspector#0200
City of Newport Beach Special Inspector# NB-0050
City of Irvine Special Inspector#337
PROFESSIONAL EXPERIENCE AND RESPONSIBILITIES
Mr. Philpott has extensive experience in the construction inspection industry. Mr. Philpott performs weld-
ing inspections for various projects in the Los Angeles County area as an independent contractor.
■ South Coast Water District, Joint Transmission Main Relocation, Laguna Niguel, California: In-
spector provided welding inspection for South Coast Water District's project located in Laguna Niguel,
California.
■ Orange County Sanitation District, Bitter Point Pump Station, Newport Beach, California: Inspec-
tor provided welding inspection for the Bitter Point Pump Station project located in Newport Beach,
California.
■ West Basin Municipal Water District, Carson Facility, Carson, California: Inspector provided weld-
ing inspection for the West Basin Municipal Water District.
■ Irvine Unified School District, Eastshore Elementary Modernization Project, Irvine, California:
Inspector provided welding inspections during the Eastshore Elementary Modernization project located
in Irvine, California.
■ Anaheim Memorial Medical Center(isolation unit upgrade), Anaheim, California: Provided inspec-
tion services for the Anaheim Memorial Medical Center.
■ Alhambra Health Center, Alhambra, California: Provided inspection services for the Alhambra Health
Center.
■ Anaheim Memorial Hospital, Anaheim, California: Provided inspection services for the Anaheim
Memorial Hospital.
■ Los Angeles County Department of Public Works (1st Floor upgrade), Alhambra, California: Pro-
vided inspection services for the County of Los Angeles, Department of Public Works.
■ UCI Medical Center (building 22B), Orange, California: Inspector provided inspection services dur-
ing the construction of the UCI Medical Center Building located in Orange, California.
■ Kaiser Los Angeles Medical Center (cardiac cath lab), Los Angeles, California: Provided inspec-
tion Services.
■ City of Arcadia Police Facility, Arcadia, California: Inspector provided inspection services for the
City of Arcadia Police Facility.
■ Little Company of Mary Hospital —Torrance, California: Provided inspection services.
■ UCI Medical Center, Orange, California: Inspection services provided for UCI Medical Center.
■ San Bernardino College (Learning Resource Center), San Bernardino, California: Inspector pro-
vided inspection services for the San Bernardino College.
■ Los Angeles Mission College (administration expansion), Los Angeles, California: Provided in-
spection services.
FRANKLIN TSAI
AWS-CW/ Welding Inspector
EDUCATION
Hellier Pacific, Anaheim, California
Northrup Rise Institute of Technology, Inglewood, California
University of California, Los Angeles, California
CERTIFICATIONS
AWS-CWI, American Welding Society#00110271
Certified Structural Steel and Welding, ICC#5051522-85
ASNT Level II: Ultrasonic, Magnetic Particle Testing
PROFESSIONAL RESPONSIBILITIES AND PROJECT EXPERIENCE
Mr. Tsai has over 16 years of work experience in the construction and inspection industry. He has exten-
sive work with hands on experience in construction and construction inspection.
■ SR-22 HOV Design Build Project, 22 Freeway Retro Fit: Welding Inspection and Quality Assurance
■ Santa Maria Public Library, Santa Maria, California: Welding, Ultrasonic and Magnetic Particle Test-
ing.
■ Hines Crescent, 13-Story Building, Irvine, California: Structural Steel and Welding, Welding Inspec-
tion, Ultrasonic and Magnetic Particle Testing.
■ Irvine Valley College Performing Art Center, Irvine, California: Shotcrete, Concrete, Shop and Field
Welding.
■ Tick Canyon Project for Caltrans: Welding Inspection and Ultrasonic Testing.
■ Anaheim Youth Center and Police Station, Anaheim, California: Welding Inspection.
■ LBCC District Facilities and Warehouse Complex, Long Beach, California: Welding Inspection and
Ultrasonic Testing.
■ Lynwood Elementary School#2, Lynwood, California: Welding Inspection.
■ Richmond-San Rafael Bridge: Welding Inspection.
■ John Wayne Airport Security Screening Expansion, Santa Ana, California: Welding Inspection.
■ Burbank High School Parking Building Phase II, Burbank, California: Welding Inspection.
■ Munger Research Center, Huntington Library, San Marino, California: Welding Inspection.
■ East Los Angeles College Technology Center, Los Angeles, California: Welding, Ultrasonic and
Magnetic Particle Testing.
■ Santa Monica Library Renovation & Expansion, Santa Monica, California: Welding, Ultrasonic and
Magnetic Particle Testing.
■ Burbank High School, Burbank, California: Welding Inspection and Ultrasonic Testing.
■ Little Company of Mary Hospital, Torrance, California: Some Welding Inspection, Ultrasonic and
Magnetic Particle Testing.
RAY GETZ
AWS-CW/ Welding Inspector
CERTIFICATIONS
AWS-CWI,American Welding Society#09121121
ICC Reinforced Concrete,#5246858
ICC Prestressed Concrete, #5246858
ICC Structural Masonry,#5246858
ICC Special Inspector Structural Steel/Welding, #5246858
ICC Structural Steel and Bolting,#5246858
ICC Fireproofing,#5246858
County of Orange Special Inspector
ACI Concrete
PROFESSIONAL RESPONSIBILITIES AND PROJECT EXPERIENCE
Mr. Getz has over 16 years of work experience in the construction and inspection industry. He has exten-
sive work with hands on experience in construction and construction inspection.
■ City of Fountain Valley, Well #6 Rehabilitation, Fountain Valley, California: Provided inspection
services for the City of Fountain Valley Well#6 project.
■ Orange County Sanitation District, Secondary Activated Sludge Facility, Fountain Valley, Cali-
fornia: Provided inspection services for the Secondary Activated Sludge Facility.
■ Orange County Sanitation District/Trickling Filters Plant No. 2: Special Inspector providing welding
inspection services on pipelines.
■ John Wayne Airport Terminal C and Improvements to Terminals A&B: Special Inspector providing
special inspection services, including fireproofing at all stages of construction for the terminals. Project
will continue to 2013.
■ Arcadia Unified School District, Ponderosa Elementary School: Special Inspector providing fire
proofing and masonry inspection services for various aspects of the project.
■ Tuck and Roll/Disney's California Adventure: Provided Welding Inspection and Quality Assurance.
■ John Wayne Airport Central Plant Facility: Special Inspector providing adhesion testing on fireproof-
ing material.
■ Long Beach Unified School District, GTE Site New Middle School: Special Inspector providing
special inspection services, including fireproofing.
■ John Wayne Airport Security Screening Expansion, Santa Ana, California: Welding Inspection.
•
Exhibit "C": Drug-Free Workplace Certification
The Drug-Free Workplace Act of 1990, California Government Code Section 8350 et. seq. (the
"Act")requires that every person or organization awarded a State contract or grant shall certify that it
will provide a drug-free workplace by doing all of the following, as listed in Section 8355:
(1) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited in the person's or
organization's workplace and specifying the actions that will be taken against employees for
violations of the prohibition.
(2) Establishing a drug-free awareness program to inform employees about all of the following:
(A) The dangers of drug abuse in the workplace.
(B) The person's or organization's policy of maintaining a drug-free workplace.
(C) Any available drug counseling, rehabilitation, and employee assistance programs.
(D) The penalties that may be imposed upon employees for drug abuse violations.
(3) Requiring that each employee engaged in the performance of the contract or grant be given
a copy of the statement required in this certification and that, as a condition of employment
on the contract or grant, the employee agrees to abide by the terms of the statement.
The persons executing this certificate on behalf of the CONSULTANT warrant and represent that
they have the authority to execute this certificate on behalf of the CONSULTANT and have the
authority to bind the CONSULTANT to the performance of its obligations hereunder.
We, the undersigned, understand that the project for which the CONSULTANT is being awarded a
contract is funded in part by a State grant, and we agree to fulfill the terms and requirements of
Government Code Section 8355 listed above. We further understand that if the City or State
determines that we have either made a false certification herein or violated this certification by failing
to carry out the requirements of Government Code Section 8355, the contract awarded herein is
subject to termination,suspension of payments,or both, and we or the Contractor may be subject to
debarment in accordance with the requirements of Government Code Section 8355et. seq.
We agree to require this certificate of all of CONSULTANT's subcontractors,and will submit those
signed certifications by all subcontractors with this certification.
We, the undersigned, acknowledge that the Contractor is aware of the provisions of Government
Code Section 8350 et. seq., and we hereby certify that the Contractor will adhere to the
requirements of the Drug-Free Workplace Act of 1990.
Date: August 9, 2013 Contractor: Ninvo & Moore
40a
:WI_ -
Signature Signature
Jalal Vakili Carol Price
Name Name
Principal Engineer Principal Geogolist
Title Title
Exhibit "C"
R6876-0001\1602653v2.doc Agreement for Design Professional Services
Lorna Cloke
From: Andy Winje
Sent: Tuesday, September 29, 2015 5:22 PM
To: Lorna Cloke
Subject: FW: Missing Dates and Exhibits for Ninyo & Moore Contract $22,864.00
Attachments: Ninyo & Moore - Installation of 4000' of 54_Steel Storm Drain Pipe XXX ....pdf;
2013-07-17 San Ramon Canyon Welding Inspection RFP.pdf
Andy Winje
310-544-5249
***IMPORTANT UPDATE
WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. PLEASECHANGE MY EMAIL
ADDRESS ARW _ P� A.oQ.VI Y CONTACT LIST._
From:Andy Winje
Sent:Tuesday, September 29, 2015 10:48 AM
To: Nathan Zweizig<NathanZ@rpvca.gov>
Cc: Ron Dragoo<RonD@rpvca.gov>
Subject: FW: Missing Dates and Exhibits for Ninyo & Moore Contract$22,864.00
Here is the RFP (Exhibit A). Date entered into and commence date are the same,August 8, 2013.
I'm still waiting for a copy of the proposal (Exhibit 13)from KOA (who ran the solicitation). I could not find it in my
records or PW files. I will forward as soon as I receive it.
Andy Winje
310-544-5249
***IMPORTANT UPDATE***
WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. PLEASECHANGE MY EMAIL
ADDRESS ARWP� A.oQ.VI Y CONTACT LIST._
From: Ron Dragoo
Sent:Thursday, September 24, 2015 10:14 AM
To:Andy Winje<An_dyW( rva:gcav>
Subject: FW: Missing Dates and Exhibits for Ninyo & Moore Contract$22,864.00
Andy,
Please provide this information requested. Thanks.
Ron Dragoo, PE
Principal Engineer
WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. PLEASE NOTE MY NEW EMAIL AND IF I AM
IN YOUR CONTACTS,SWITCH MY EMAIL FROM r d__ �".pvocorn TO r nd@.Ep .og v
1
From: Lorna Cloke
Sent:Wednesday, September 23, 2015 11:47 AM
To: Ron Dragoo
Cc: Carla Morreale
Subject: Missing Dates and Exhibits for Ninyo & Moore Contract$22,864.00
Hi Ron,
The attached contract is being scanned and made available in Laserfiche. It was signed by the City Manager. The day
entered into and commence date are not filled in and it's Exhibits A and B are missing.
Please provide the missing pieces.
Thankyou!
Lorna
2