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Item 4 - Approval of Agmts; Ninyo & Moore and NOVA for As-Needed Geotech Svc RFP 22-018February 15, 2022, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway February 15, 2022 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services /AA Henry Trang, Senior Civil Engineer Hf (858) 668-4602 or htrang@poway.org CITY COUNCIL Approval of Consultant Agreements with Ninyo & Moore Geotechnical & Environmental Sciences Consultants and NOVA Services, Inc. for As-Needed Geotechnical Services; RFP No. 22-018 In November 2021, the City sent out a Request for Proposals (RFP) for as-needed geotechnical services. This action will approve the Consultant Agreements with Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Ninyo & Moore) and NOVA Services, Inc. to provide as-needed geotechnical services. The length of the agreement is from February 21, 2022 through February 20, 2024, with a provision to mutually extend the agreements with three extensions of one year each. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreements with Ninyo & Moore (Attachment A) and NOVA Services, Inc. (Attachment B) for as-needed geotechnical services per the outlined terms of the Agreements. Discussion: Staff issued an RFP in November 2021 for as-needed geotechnical services and received nine proposals. After a thorough evaluation of the nine proposals submitted, staff selected Ninyo & Moore and NOVA Services, Inc. as the firms best suited to meet the City's current and future needs. Proposals were evaluated based on established criteria as found in the RFP, including a demonstration of understanding the services requested, qualifications of the firms and specific individuals, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates and references. Rates for the firms are consistent with industry standards. As-needed services will support Development Services staff with geotechnical services for various capital improvement and private development projects. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). 1 of 54 February 15, 2022, Item #4Fiscal Impact: All costs incurred for geotechnical services associated with private projects under this agreement are fully offset by developer fees. Funding for services related to public projects is within individual Capital Improvement Program project budgets. Public Notification: None. Attachments: A. Standard Agreement for Consultant Services with Ninyo & Moore Geotechnical & Environmental Sciences Consultants, including the Scope of Work and Fee Schedule B. Standard Agreement for Consultant Services with NOVA Services, Inc., including the Scope of Work and Fee Schedule Reviewed/ Approved By: l._.----Wend aserman Assistant City Manager 2 of54 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~fti? City Manager February 15, 2022, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 21st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed geotechnical engineering services (Project); WHEREAS, Consultant is a professional engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 54 ATTACHMENT A February 15, 2022, Item #45. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 2 4of54 February 15, 2022, Item #4"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 54 3 February 15, 2022, Item #4(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Perm its, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 54 4 February 15, 2022, Item #4(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of54 5 February 15, 2022, Item #4Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 6 8 of 54 February 15, 2022, Item #4Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 7 9 of54 February 15, 2022, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ___________ _ ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 54 NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES 8 By:------------Mark Cuthbert, PE, Principal Engineer Date: ___________ _ February 15, 2022, Item #4"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed geotechnical services further described in the Scope of Services submitted with the proposals dated December 14, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. 8. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated December 14, 2021, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing February 21, 2022, and ending February 20, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 11 of 54 1 February 15, 2022, Item #4following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 54 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 Ninyo & Moore 5710 Ruffin Road San Diego, CA 92123 February 15, 2022, Item #4Attachment 1 Proposal I Scope of Services 5. Scope of Services Ninyo & Moore is a professional geotechnical and environmental sciences consulting firm providing services in geotechnical engineering, engineering geology, engineering geophysics, hydrogeology, soil and materials testing, special inspection and environmental sciences. Specific areas of expertise and specialization include the following: Geotechnical Engineering Services The discipline of geotechnical engineering includes several aspects. At Ninyo & Moore, geotechnical professionals: • Design foundations, drainage systems and pavement sections. • Evaluate geotechnical hazards. • Provide earthwork recommendations. • Evaluate soil parameters. • Assist in the development of project plans and specifications. • Evaluate seismic risks. • Design structural repairs. • Provide construction support. • Participate in value engineering. • Provide expert testimony on forensic projects. • Oversee laboratory testing. Typical geotechnical engineering projects will involve: • Review of background information such as relevant geotechnical reports, project plans and specifications, and other pertinent data. • Conducting field studies in order to assess the nature of the on-site geotechnical conditions including the subsurface soil characteristics. • Laboratory testing to assess the nature and behavior of soils. • Performance of engineering analyses to address slope stability, liquefaction, soil swell and settlement, site response, foundation design, pavement thickness, and percolation. • Preparation of project design and construction reports. Field services for geotechnical projects might include: • Review of background information such as relevant geotechnical reports, project plans and specifications, and other pertinent data. • Conducting field studies in order to assess the nature of the on-site geotechnical conditions including the subsurface soil characteristics. • Laboratory testing to assess the nature and behavior of soils. • Performance of engineering analyses to address slope stability, liquefaction, soil swell and settlement, site response, foundation design, pavement ·thickness, and percolation. • Preparation of project design and construction reports. Develop Scope of Work Based on Approved Plans and Specifications Project Personnel Utilization Develop Sampling Protocols and Documentation Controls Establish Communication Lines Utilize Established Project Controls Perform Geotechnical Field and Laboratory Testing Quality Assurance Review Submit Written Reports Project Closeout and Successful Project Completion Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 13 of 54 38 February 15, 2022, Item #4Proposal I Scope of Services Typical laboratory soil tests that are performed for geotechnical studies include • Particle gradation. • Atterberg limits. • Consolidation potential. • Direct shear strength. • Expansion index. • Abrasion and durability. • In-situ moisture content and dry density. • Maximum dry density and optimum moisture content. • Compression testing of concrete and masonry components. • Percent asphalt and gradation of AC materials. • Hveem and theoretical maximum (Rice) unit weights of AC materials. • Hveem stability of AC materials. • Wet-track abrasion of asphalt slurries. • R-value or California Bearing Ratio (CSR). • Soil corrosivity including pH, electrical resistivity, chloride content, and sulfate content. Results of the geotechnical design studies are presented in project reports that usually provide geotechnical recommendations addressing foundation type and design, earthwork, seismicity, temporary and permanent excavations, trench backfill, lateral earth pressures, dewatering, corrosion and cement type, and pavement structural section. Construction reports typically summarize the results of the field and laboratory testing performed during construction and relate them to the requirements of the project documents including the plans and specifications. All Ninyo & Moore geotechnical projects are supervised and often conducted by registered professional engineers. Geologic Services Geologic evaluations are used to characterize on-site geologic conditions and to assess the potential geologic impacts to planned or existing site improvements. Geologic evaluations may be performed as part of a geotechnical study or as a free-standing evaluation. Geologic studies generally include a review of published geologic documents, and collection of field observations to verify and augment data from published materials. Geologic evaluations may also include preparation of stratigraphic maps that show such features as bedding, foliation, fracturing, unit type, faults, fissures, landslides and slope failures, and sinkholes. Subsurface conditions are also evaluated through the excavation of exploratory borings and test pits. Large-diameter borings are often used to assess existing or potential landslides, and the condition of fill materials. In addition, fault trenches are used to assess location of faulting in areas where planned improvements encroach upon active/potentially active faults. All Ninyo & Moore geologic projects are supervised and often conducted by registered professional Sinkhole Evaluation geologists and/or certified engineering geologists. Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 14 of 54 39 February 15, 2022, Item #4Proposal I Scope of Services Coordination and Quality Control Ninyo & Moore's coordination and quality control services may include: • Project coordination. technical support and management, including review of the project geotechnical reports, plans and specifications, work scheduling, and submittal of applicable forms for each specialty inspector. • Distribution of test and inspection reports to the City Inspector, client Field Representative. and Construction Manager. • Attendance at project meetings, when requested. Materials Testing and Field Inspection Ninyo & Moore's materials testing and field inspection services may in-clude: • Field density testing of earthwork, subgrade preparation, and paving operations. Pavement Rehabilitation • Field technician services for sampling and testing fresh structural concrete. including measuring the slump. temperature, air-content, unit weight, and casting cylinders for compressive strength testing. • Field technician services for batch plant inspection during production of structural concrete and masonry grout including checking mix design, monitoring batch weights. sampling aggregates and preparing batch plant inspection records. • Field technician services for sampling construction materials such as reinforcing steel, concrete masonry units, high strength bolts, nuts, and washers, and cement. • Preparation of daily field reports and test data sheets. • Laboratory testing including structural and reinforcing steel conformance testing, and compressive strength testing of concrete, mortar. masonry prisms, and masonry grout specimens and non-shrink grout. • Preparation and submittal of the final summary of compaction reports. • Laboratory testing including structural and reinforcing steel conformance testing. and compressive strength testing of concrete. masonry mortar, concrete masonry units, masonry prisms, cores and grout specimens, as well as shear testing of masonry wall cores. • Preparation and submittal of the Final Laboratory Report. Specialty Inspection Services Ninyo & Moore's specialty inspection services may include: • continuous inspection during field and fabrication shop structural steel welding and as-needed Non-Destructive Testing (NOT) of full penetration welds. • Continuous inspection during fabrication of glu-lam beams including checking and documenting resin type and lot number, temperatures, additives, and sealing procedures. • Load and torque testing of post-installed anchors, including, hold downs, expansion bolts, and epoxy anchors. • Preparation of daily inspection reports to document the items inspected. • Continuous inspection of masonry construction including preparation of masonry prisms, grout and mortar samples. • Issuance of final inspection reports. Geophysical Services Ninyo & Moore's geophysical group is fully equipped and qualified to perform: • Seismic refraction and reflection surveys. • Downhole and cross hole shear wave surveys. • Electrical resistivity profiles and soundings. • Electromagnetic (EM) studies. • Ground penetrating radar (GPR) profiling. • Magnetic surveys. • Vibration monitoring. Ninyo & Moore I City of Poway As-Needed Geoteclmical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 15 of 54 40 February 15, 2022, Item #4Proposal I Scope of Services Our geophysical services are often useful in evaluating rock rippability and soil corrosivity, delineating the presence of buried underground structures such as underground storage tanks and piping, as well as utilities, characterizing site response, and locating faults. Environmental Services Although Environmental Services are not a provision of this contract, Ninyo & Moore geotechnical personnel are trained to recognize potential environmental hazards. If needed, under this contract, Ninyo & Moore can perform subsurface environmental investigations to evaluate the presence of suspected contaminants in soil and/or groundwater. We have extensive experience with multi-disciplinary projects involving investigation of soil and groundwater contamination. These projects routinely involve analytical testing programs, soil vapor tests, and environmental study reports. We have intimate knowledge of local, state and federal regulatory and permitting requirements. We are experienced in the preparation of plans and cost estimates for site contamination removal. Ninyo & Moore understand and confirm that performing any services for the City, whether within the defined scope of services or additional services, will be performed in a matter consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Quality Control Programs Ninyo & Moore has quality control programs for all services that facilitate compliance with project performance standards, schedules, and budgets. These comprehensive quality assurance plans utilize management approach manuals that delineate the interrelationship between management and technical staff and describe specific quality control procedures to be used during the project. The programs address time and budget management, client liaison, field and laboratory data collection, data compilation and analysis, report preparation, job safety, regulatory compliance, and peer and principal review. One important goal of our quality control program is to produce technical project data of known and acceptable quality on all work assignments. Ninyo & Moore's policy is to maintain professional standards in all aspects Trenching/Shoring of project tasks and management. Quality is achieved through: A separate quality assurance group to monitor quality on work assignments with independent corporate oversight. A detailed set of proven quality control procedures and protocols to cover all project aspects. A centralized document control system that ensures chain-of-custody control and a paper trail for all controlled documents. Detailed procedures for auditing, post-auditing, and non-conformance reporting. A training program for orienting all personnel on the quality control procedures. Involvement of project principals with specialty knowledge and experience. For example, the project principal will be familiar with conventional construction techniques and difficulties associated with various formations and soil conditions. Peer review of project documents and ongoing training to provide accurate and complete data. Follow-up with clients after project completion by the owner of the firm, Avram Ninyo, to gauge client happiness and the quality of our work product, and obtain feedback for improvements. Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14. 2021 16 of 54 41 February 15, 2022, Item #4Proposal I Scope of Services Project Delivery Project delivery is successfully achieved through: Ninyo & Moore provides a 4-hour response time for projects in close proximity to our offices. Personnel can be available for weekend and/or around-the-clock efforts, as project needs dictate. Ninyo & Moore's field engineers and geologists, field technicians, and special inspectors are available throughout the duration of their project assignment(s). Twenty-four-hours-a-day, seven-days-a-week, point-of-contact telephone, cell phone, and email information is provided to the designated City project manager/representative(s). Personnel Available for Around-the-Clock Needs Cost Control Project costs are tracked and controlled via a variety of resources including: Ninyo & Moore utilizes Deltek Vision to track projects in real-time and provide our clients with daily, weekly, and/or monthly progress reports, as required. Ninyo & Moore utilizes Sharepoint and Dropbox to provide laboratory and field reports to our clients. Kordata, a cloud-based platform provides our clients and employees with 24-hour, 7 days-a-week secure on-site and remote access to project-related reports, laboratory data, and other information. Staff can review, approve, and send results immediately I using dashboards, and reports can be emailed and/or placed in a document repository of the client's preference. }{in90~ ~oore .,;-s,c.-....... Ninyo & Moore's utilization of these tools has allowed us to become completely digital, allowing for data retrieval any time / anywhere internet access is available. They are also accessible on a variety of devices including PC, laptop computer, and iOS and Android mobile phones/tablets. Paperless Field Capabilities Laboratory Capabilities Ninyo & Moore geotechnical and materials testing laboratory services include: Maintains a fully equipped and calibrated, local in-house laboratory that provides soil, concrete, masonry, asphalt, steel, fireproofing, and high strength bolt testing. Laboratory testing is overseen by a registered civil engineer, and meets the requirements of ASTM E329, ASTM C1077, ASTM D3740, and ASTM D3666. Our testing laboratories have been inspected and/or accredited by the AASHTO, AMRL, CCRL, ASTM, and U.S. Army Corps of Engineers. Certified Materials Testing Laboratory Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14. 2021 17 of 54 42 February 15, 2022, Item #4Attachment 2 Proposal I Method of Compensation 4. Method of Compensation Ninyo & Moore is flexible in establishing lump sum (fixed-fee), not-to-exceed and time and materials contract task orders. All staff will be billed in accordance with the hourly rates for professional services per the Fee Proposal portion of this RFP. All laboratory testing will be billed in accordance with the unit rates provided in the attached fee schedule. All pot-holing will be billed in accordance with the unit rates provided in the attached fee schedule based on the assumptions stated in the fee schedule. We understand that each individual project will be based upon a detailed not-to-exceed fee proposal using a project specific scope of services. 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 construction 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. Ninyo & Moore's in-house labor compliance department ensures adherence to Prevailing Wage and labor law and will submit the required certified payroll reports. Prevailing Wage Determinations are 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 Determination during the life of the project. City of Carlsbad Tamarack Avenue Sinkhole "Ninyo & Moore has performed in an exemplari manner under the City of Carlsbad's on-call Agreements for Professional Geotechnical Consulting Services. Some of the geotechnical consulting projects completed during this timeframe were challenging. Among Ninyo & Moore's major attributes are a commitment to excellent client service, and a high level of responsiveness to our project requests. Ninyo & Moore is currently one of the City's geotechnical consultants of choice based on responsiveness, effective communication skills and quality of work. All professional services obtained by the City are provided through an open solicitation process. Ninyo & Moore's selection for these on-call agreements has been based on technical qualifications and past performance." Sherri Howard, Associate Engineer City of Carlsbad Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 18 of 54 37 February 15, 2022, Item #4Proposal I Fee Proposal 8. Fee Proposal Schedule of Fees -· . ---~ --~-~---·-------··----~------------------------------" ··-~-·---,.__,.._ ---Hourly Charges for Personnel_ . . , 1 • i Professional Staff Principal Engineer/Geologist/Environmental Scientist.......................................................................................... $ 168 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 164 Senior Project Engineer/Geologist/Environmental Scientist................................................................................. $ 160 Project Engineer/Geologist/Environmental Scientist .. .. ... ... . .. ... ... .... ......... ... ... ... ............... ... .. ...... .... .... .... ... ...... .... $ 156 Senior Staff Engineer/Geologist/Environmental Scientist..................................................................................... $ 141 Staff Engineer/Geologist/Environmental Scientist................................................................................................ $ 128 GIS Analyst............................................................................................................................................................ $ 114 Field Operations Manager..................................................................................................................................... $ 104 Supervisory Technician*........................................................................................................................................ $ 100 Nondestructive Examination Technician*, UT, MT, LP ......................................................................................... $ 105 Senior Field/Laboratory Technician*..................................................................................................................... $ 98 Field/Laboratory Technician*................................................................................................................................ $ 98 AC I Concrete Technician*..................................................................................................................................... $ 98 Concrete/Asphalt Batch Plant Inspector*.............................................................................................................. $ 98 Special Inspector (Concrete, Masonry, Steel, Welding, and Fireproofing)* ......................................................... $ 98 Technical Illustrator/CAD Operator....................................................................................................................... $ 86 Geotechnical/Environmental/Laboratory Assistant............................................................................................... $ 73 Information Specialist............................................................................................................................................ $ 73 Data Processina, Technical Editin , or Re reduction.......................................................................................... $ 64 Concrete Coring Equipment (includes one technician) ............................................................................. $ 180 /hr PID/FID Usage ............................................................................................................................................ $ 140 /day Anchor load test equipment (includes technician)...................................................................................... $ 108 /hr Hand Auger Equipment............................................................................................................................... $ 65 /day Inclinometer Usage ... ...... ..... ... . .... ... ...... .......... .... ... ................. ... . . . . ... .. . . ... ... . . . ......... ........... ............ ...... ...... $ 40 /hr Vapor Emission Kits . .. .. .. . .. .. .. ... .. . .. . .. . .. . . .. . .. .. . . .. . .. .. . . . . .. .. .. .. .. .. ... . . .. .. . .. . . . . .. . . .. . . . .. . .. .. .. .. . . .. . .. .. . .. .. . .. .. .. .. .. .. . ... . .. $ 40 /kit Level D Personal Protective Equipment (per person per day)................................................................... $ 30 /p/d Rebar Locator (Pachometer) ... .. ... . . ...... ..... ... ... .... ..... .......... ... .. ........ ... .............. .... ............... ...... .. ...... ......... $ 30 /hr Nuclear Density Gauge Usage .. ... .. ... . .... ... ...... ...... ................ ... ... ..... .......... ...... ......... .......... ...... ....... ... . .. .... $ 15 /hr Field Vehicle Usage ..... ... . .. .. ... ......... ...... . ... .... ..... .. ....... ......... ... .... .. ...... ... ...... .... ... .... . .. ... ... .... . .. .. ... .......... ... . $ 15 /hr Direct Project Expenses...................................................................................................................... Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. *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 Determination during the life of the project. Ninyo & Moore I City of Poway As-Needed Geotechnical Services. RFP No. 22-018 I P02-02632 I December 14, 2021 19 of 54 45 February 15, 2022, Item #4Proposal I Fee Proposal Schedule of Fees for Laboratory Testing SOILS CONCRETE Atterberg Limits, D 4318, CT 204 $ 170 Compression Tests, 6x12 Cylinder, C 39 California Bearing Ratio (CBR), D 1883 $ 550 Concrete Mix Design Review, Job Spec Chloride and Sulfate Content, CT 417 & CT 422 $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI Consolidation, D 2435, CT 219 $ 300 Concrete Cores, Compression (excludes sampling), C 42 Consolidation, Hydro-Collapse only, D 2435 $ 150 Drying Shrinkage, C 157 Consolidation -Time Rate, D 2435, CT 219 $ 200 Flexural Test, C 78 Direct Shear -Remolded, D 3080 $ 350 Flexural Test, C 293 Direct Shear -Undisturbed, D 3080 $ 300 Flexural Test, CT 523 Durability Index, CT 229 $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI Expansion Index, D 4829, IBC 18-3 $ 190 Lightweight Concrete Fill, Compression, C 495 Expansion Potential (Method A), D 4546 $ 170 Petrographic Analysis, C 856 Geofabric Tensile and Elongation Test, D 4632 $ 200 Restrained Expansion of Shrinkage Compensation Hydraulic Conductivity, D 5084 $ 350 Splitting Tensile Strength, C 496 Hydrometer Analysis. D 6913, CT 203 $ 220 3x6 Grout. (CLSM), C 39 Moisture, Ash. & Organic Matter of Peat/Organic Soils $ 120 2x2x2 Non-Shrink Grout, C 109 Moisture Only, D 2216, CT 226 $ 35 Moisture and Density, D 2937 $ 45 ASPHALT Permeability, CH, D 2434, CT 220 $ 300 Air Voids, T 269 pH and Resistivity, CT 643 $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) Proctor Density D1557, D 698, CT 216, AASHTO T-180 $ 220 Asphalt Mix Design Review, Job Spec Proctor Density with Rock Correction D 1557 $ 340 Dust Proportioning, CT LP-4 R-value, D 2844, CT 301 $ 375 Extraction,% Asphalt, including Gradation, D 2172, CT 382 Sand Equivalent, D 2419, CT 217 $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 Sieve Analysis, D 6913, CT 202 $ 145 Film Stripping, CT 302 Sieve Analysis, 200 Wash, D 1140, CT 202 $ 100 Hveem StabMity and Unit Weight D 1560, T 246, CT 366 Specific Gravity, D 854 $ 125 Marshall Stability, Flow and Unit Weight, T 245 Thermal Resistivity (ASTM 5334, IEEE 442) $ 925 Maximum Theoretical Unit Weig ht. D 2041, CT 309 Triaxial Shear, C.D, D 4767, T 297 $ 550 Moisture Content, CT 370 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 Triaxial Shear, C.U., w/o pore pressure, D4767,T 2297 per pt $ 350 Slurry Wet Track Abrasion, D 3910 Triaxial Shear, U.U., D 2850 $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) Unconfined Compression, D 2166, T 208 $ 180 Superpave, Gyratory Unit Wt., T 312 Superpave, Hamburg Wheel, 20,000 passes, T 324 MASONRY Unit Weight sample or core, D 2726, CT 308 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 Brick Compression Test C 67 $ 55 Voids filled with Asphalt, (VFA) CT LP-3 Brick Effiorescence, C 67 $ 55 Wax Density, D 1188 Brick Modulus of Rupture, C 67 $ 50 Brick Moisture as received, C 67 $ 45 AGGREGATES Brick Saturation Coefficient, C 67 $ 60 Clay Lumps and Friable Particles, C 142 Concrete Block Compression Test, 8x8x16, C 140 $ 70 Cleanness Value, CT 227 Concrete Block Conformance Package, C 90 $ 500 Crushed Particles, CT 205 Concrete Block Linear Shrinkage, C 426 $ 200 Durability, Coarse or Fine, CT 229 Concrete Block Unit Weight and Absorption, C 140 $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 Cores, Compression or Shear Bond, CA Code $ 70 Flat and Elongated Particle, D 4791 Masonry Grout. 3x3x6 prism compression, C 39 $ 45 Lightweight Particles, C 123 Masonry Mortar, 2x4 cylinder compression, C 109 $ 35 Los Angeles Abrasion, C 131 or C 535 Masonry Prism, half size, compression, C 1019 $ 120 Material Finer than No. 200 Sieve by Washing, C 117 Masonry Prism, Full size, compression, C 1019 $ 200 Organic Impurities, C 40 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 Chemical Analysis, A 36, A 615 $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 Fireproofing Density Test, UBC 7-6 $ 90 Sand Equivalent, T 176, CT 217 Hardness Test, Rockwell, A 370 $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 per assembly, A 325 $ 150 Sodium Sulfate Soundness, C 88 Mechanically Spliced Reinforcing Tensile Test, ACI $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 Pre-Stress Strand (7 wire), A 416 $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 $ 75 Structural Steel TensUe Test: Up to 200,000 lbs., A 370 $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI $ 80 Roofing Tile Absorption, (set of 5), C 67 Roofing Tile Strength Test, (set of 5), C 67 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform theAASHTOequivalentofmany ASTM test procedures. Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 20 of 54 $ 35 $ 300 $ 850 $ 120 $ 400 $ 85 $ 85 $ 95 $ 275 $ 80 $ 2,000 $ 450 $ 100 $ 55 $ 55 $ 85 $4,500 $ 180 $ 85 $ 250 $ 150 $ 120 $ 225 $ 240 $ 150 $ 95 $1,000 $ 150 $4,900 $ 100 $1,000 $ 100 $ 90 $ 90 $ 140 $ 180 $ 180 $ 175 $ 205 $ 180 $ 220 $ 180 $ 200 $ 90 $ 90 $1,250 $ 950 $ 475 $ 125 $ 120 $ 145 $ 450 $ 115 $ 175 $ 250 $ 250 46 February 15, 2022, Item #4Proposal I Fee Proposal TRil=COU TI7 DR~LLING, iNC. 963 7 CANDIDA STREET. SAN DIEGO. CA 92 7 26 L!CENSE#547737 PH: (858) 2 7 I -0099 FAX: (858) 2 7 1-02 33 Description Drill Rig Mobilization 2021 FEE SCHEDULE Prevailing Wage/Davis Bacon Wage Rates 2 Man Crew Canterra 450/Drilltech T25 KW Air Percussion/Air Rotary* Canterra 450: Mud Rotary* CME 75 High Torque Auger Air/Mud Rotary/Coring SIMCO 4000 Auger/Direct Push/Air Percussion/Mud Rotary/Coring* Diedrich D-120 All Terrain High Torque ATV Rig/Auger/Air Percussion/Mud* Diedrich D-120 High Torque Rig/Auger/Air Percussion/Mud Rotary/Coring* All Terrain Rubber Track Mounted Rig/Auger/Air Percussion/Mud Rotary* Additional Crew Member (3rd Man) Crew travel without Drill Rig (long term out of town jobs )& Daily Crew Travel from Hotel Water Truck (without driver) Smeal 5T Development Rig* with one man Service Truck/Flatbed with Liftgate Solids Control System (for mud rotary drilling) ASV-RC 100 Multi-Terrain Track Loader or Bobcat-Move On/Move Off -San Diego County ASV-RC 100 Multi-Terrain Track Loader or Bobcat-Move On/Move Off-Los Angeles County Bobcat Rental with OQerator and digging bucket ()-hour minimum} Bobcat Rental & digging bucket without Operator ASV-RC 100 Rental with Operator and digging bucket ( 4-hour minimum) ASV-RC I 00 Rental & digging bucket without operator ASV-RC 100 or Bobcat Attachments: Backhoe, Brush Cutter, Forklift Continuous Sampler (5' barrel) Steam Cleaner or Pressure Washer Submersible Pump (2" or 4") up to 75 gpm (Other pump up to 400 gpm -P.O.R.) HQ Wireline or NX Rock Coring System -5' Barrel (does not include bit charge) HQ Bit Charge Grout Mixing & Pumping Unit HSA Bit Rebuild Generator (up to 5 kw) Upgrade to Level "C" Air Compressor Rental -(375 cfm) Air Compressor Rental -(750 cfm) Concrete Cores, 6", 8" and 11" diameter, up to 8" deep Concrete Saw cut, 3' x 3' x 4" deep Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 21 of 54 Unit Price $250.00/Hour $525.00/Hour $525.00/Hour $435.00/Hour $395.00/Hour $465.00/Hour $455.00/Hour $435.00/Hour $94.00/Hour $200.00/Hour $330.00/Dav $270.00/Hour $225.00/Day $550.00/Day $418.00/Each $750.00/Each $275.00/Hour $295.00/Day $248.00/Hour $462.00/Day $215.00/Day $235.00/Dav $220.00/Dav $235.00/Dav $250.00/Dav $7.00/Foot $245.00/Dav $325.00/Each $150.00/Dav $143.00/Man/Day $688.00/Day $864.00/Dav $425.00/Each $500.00/Each 47 February 15, 2022, Item #4Proposal I Fee Proposal TY DRllLL1NG, I 963 I CANDIDA STREET SAN DIEGO. CA 92 126 LICENSE#54 773 7 PH: (858) 271-0099 FAX: (858) 271-0233 Air Percussion Bits -Up to 6" Diameter Air Percussion Bits -Up to 8"-1 O" Diameter Drill Teeth (Bullet) Per Diem (hotel+ meals) Per man Overtime, Weekend & Holiday Surcharge 2 man crew (overtime charged on all hrs over 8/day) Steam Cleaning (a) yard DWR Reporting Bentonite grout Bentonite chips DOT Drums Shelby tubes Polymer 1.5" x 6" Tubes and Caps 2.5" x 6" Tubes and Caps Plastic Container w/ 6 ea. 2.5" x I" Brass Rings Rig or Crew Standby HWT Casing Advance System Level C PPE-per crew member Cancellation Fee (Cancellation occurring less than 48 hours prior to drill date) Escalation Fee-3% Per Year C. $5.00/Ft. $7.00/Ft. $20.00/Each $200.00/Day $99.00/Hour $121.00/Hour $77 .00/Hour $28.00/Sack $28.00/Sack $65.00/Each $20.00/Each $80.00/Pail $8.00/Ea $8.00/Ea $46.00/Ea. $200.00/Hour $250.00/Dav $50.00/Day 4-Hour Minimum Full Worker's Comp, General Liability, and Pollution Liability Insurance Coverage WBE: City of San Diego, County of San Diego, OCTA, CAL TRANS WBE/DBE Certified California Public Utilities (CPUC) Certified WBE, (WOSB) Woman Owned Small Business-Federal Gov't SBE-State of California DGS, SBA Tri-County Drilling, Inc. Official Legal Name of Firm Sheryl Peterson President 1/22/2021 Print Name Title Date Signature Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 22 of 54 48 February 15, 2022, Item #4Proposal I Fee Proposal Pacific Drilling Co www .pacuri I I .com 5220 Anna Ave. Ste. A San Diego, CA 92110 619-294-3682 ~@IT'WH©@® @ITu@l ~~llJl~~fMl@[ji}1 Welcome to Pacific Drilling Company. We are a full-service drilling and soil sampling company serving the geotechnical, environmental, engineering and construction communities throughout the Southwestern United States. Our team of skilled equipment operators and project managers has decades of experience in multiple rotary drilling techniques, CPT and Direct Push utilizing a fleet of technologically advanced truck mounted and limited access drilling rigs. Dedication to constantly improving our process has resulted in multiple hi tech additions to our systems, such as our exclusive eSPT digital self-calibrating auto hammer, remote rig diagnostics and laser based virtual safety cages. Over the years, through our extensive client base, we have worked on thousands of diverse projects for multiple agencies including: SANDAG, City of San Diego, LADWP, LA.METRO, Imperial Irrigation District, MWD of Southern CA, San Diego County Water Authority, LAWA, SDIAA, Port of San Diego, CSU, University of CA, Army Corp of Engineers, Caltrans and the US Navy. Assisting with field investigations in difficult to reach locations is a specialty at Pacific Drilling Co. Our broad experience base and unique equipment capabilities enable our team to provide solutions to all of your project's challenges in a timely, cost effective manner. Pacific Drilling Co. is in business to provide the most skilled personnel and the most advanced equipment to ensure that your drilling, soil sampling, and related support services are delivered beyond your expectations. We approach • every customer, project and job site with respect, a positive attitude, careful attention to detail and a sense of pride in our work. Certifications: Our Current Fleet Includes: •High Power Truck Mount Rotary/CPT-Marl M10 •All Terrain Truck Mount Rotary/CPT -Marl TXD •All Terrain Truck Mount Rotary-Wolverine MS •Truck Mount Rotary Rig -Diedrich 050 • Truck Mount Large Diameter -EZ Bore •Track Mount L.A.R. -Fraste Multidrill PL-G •Track Mount L.A.R. -Mole •Track Mount L.A.R. -Mini Mole •Tripod Rig -Beaver Tripod •Track Mount Large Diameter L.A.R. -Badger All Rigs CARB Compliant Our Services Include: •Auger Drilling •Mud Rotary Drilling •Air Rotary Drilling •Rock Coring (HQ & NQ) •CPT Soundings •Geotechnical Soil Sampling •Water/SoilNapor Sampling •Monitoring Well Installation/Development •Slope Inclinometer Installation •Indoor Drilling •Over Water Drilling •Hillside/Slope Drilling •Large Diameter Borings for: Down Hole Logging Caissons CA C-57 681380 DIR Reg# 1000009159 CA Certified Small Business/Micro Business S.D. Certified SLBE DUNS # 613525278 Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 23 of 54 49 February 15, 2022, Item #4Proposal l Fee Proposal Minimum Required Clearance Minimum Operating Height Power Source Max Rotary Torque 3in Solid Flight Auger 6in Solid Flight Auger Bin Solid Flight Auger Rock Coring (NO/HQ) 1 Bin, 24in, 30in Boring Direct Push 4-Sin Mud Rotary 4-Sin D.T.H. Air Hammer 6.Sin (3.25 ID) Hollow stem Auger a.Sin (4.25 ID) Hollowstem Auger Angle Drill Maximum Slope Drill Crane Weight (Heaviest Piece) Limited Access Rig Specifications (Drill Depths Subject to Soil Conditions) Fraste Mole Mini-Mole Beaver Tripod MultiDrill Hollow Stem Solid Flight Solid Flight LAR LAR LAR LAR W: 40in W: 54in W:36in H:96in H: 73in H: 79in Room to Walk L:17ft L: 144in L: 120in 18ft. 9'2" 11ft. 8ft. 66hp Diesel 67hp Diesel 33hp Diesel 11hp Gas 5500FVlbs 5500Ft/lbs 3500Ft/lbs 900Ft/lbs @70 RPM @70RPM @70 RPM @70RPM To 30ft NIA To 30ft To 30ft To115ft To 115ft To 115ft To 50ft To 45ft To 45ft To 45ft To 20ft To 100ft NIA NIA NIA NIA NIA NIA NIA NIA To50ft NIA NIA 200ft NIA To 100ft NIA To 100ft NIA To 100ft NIA To 20ft To 100ft To 120ft To 35ft (2.75 ID) To75ft To 60ft NIA NIA NIA To 45 Degrees To 45 Degrees NIA N/A 3:1hh 1.5:1hh 1 :1 hh 90001bs 70001bs 55001bs 2001bs Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 24 of 54 Badger Bucket/Spin LAR W:36in H: 86in L: 162in 12ft 38hp Diesel 12000Ft/lbs @70 RPM NIA NIA NIA NIA To sstr· NIA NIA NIA NIA NIA To 10 Degrees 2:1 (Mob Only) 90001bs 50 February 15, 2022, Item #4Proposal I Fee Proposal Minimum Required Clearance Minimum Operating Height Power Source Max Rotary Torque Push Force Pull Force Rock Coring (HQ/NQ) 18in -48in Borings CPT Direct Push 4-Sin Mud Rotary 4-Sin D.T.H. Air Hammer 6.Sin (3.25 ID) Hollowstem Auger 8.Sin (4.25 ID} Hollowstem Auger Crane Weight (Heaviest Piece) Truck Rig Specifications (Drill Depths Subject to Soil Conditions) SaberCat High Torque Truck MARL Truck Mount Mount TXD Rotary Rotary All Terrain MARL M10 Unimog MS W:8ft W:9ft W:8ft H: 13ft L: 25ft H: 13ft H: 13ft L: 25ft L: 25ft 35ft 35ft 33ft PTO PTO PTO 8,500 Ft/lbs 15,000 Ft/lbs 8,500 Ft/lbs @70rpm @70rpm @?0rpm 18,000 Lbs 23,300 Lbs 18,000 Lbs 34,000 Lbs 38,000 Lbs 34,000 Lbs TO 150ft NIA NIA NIA NIA NIA To 100ft To100ft NIA NIA NIA To 50ft To 400ft To 400ft NIA To 100ft To 100ft NIA To 150ft To 150ft To 150ft To 100ft To 150ft To 100ft 33,000Lbs 33,000lbs 32,000lbs Truck Mount Rotary Diedrich 050 W:8ft H: 13ft L:25ft 30ft 140hp Diesel 7,500 Ft/lbs @70rpm 14,450 Lbs 22,600 Lbs To 1500ft NIA NIA NIA To 200ft To 100ft To 100ft To 100ft 28,000lbs Ninyo & Moore I City of Poway As-Needed Geolechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 25 of 54 Truck Mount Bucket EZ Bore W: 9ft H: 13ft L:46ft 45ft 115hp Diesel NIA NIA NIA To 150ft** NIA NIA NIA NIA NIA NIA NIA 51 February 15, 2022, Item #4Proposal I Fee Proposal PACIFIC DRILLING CO. 5220 ANNA AVE STE A SAN DIEGO, CA 92110 Equipment & Personnel Rates Effective: 1/1/22-6/30/22 619-294-3682 (f) 619-294-3283 Hourly Equipment Rates (Includes 2 Man Crew Portal to Portal) SaberGat Yeti Wolverine Mini Beaver MARL TXD MARL MARL Diedrich Fraste Mole Mole Tripod All-Terrain M10 MS 050 L.A.R. L.A.R. L.A.R. L.A.R. All-Terrain $260/Hr $255/Hr $225/Hr $225/Hr $245/Hr $230/Hr $230/Hr $170/Hr Hourly Prevailing Wage Rate-All Rigs: $375.00/Hr Additional Support Equipment Rates Support Truck $195.00 per day CPT Soundings $500.00 per day (<1 0hrs) $300.00 per ½ day (<5hrs) Rock Coring Equipment Package $525/day + Bit Wear Mud Rotary Equipment Package $275.00 per day+ Bit Wear Air Rotary Equipment Package $575.00 per day + Bit Wear Basic Concrete Coring $50.00 per core Water Cooled Exhaust Ventilation Equipment $175.00 per day Generator $125.00 per day Decon Equipment Package $150.00 per day Continuous Core Soil Sampling $150.00 per day Standard Bobcat Skid Steer $450.00 per day Surcharges Overtime Surcharge $45.00 per man per hour Hillside/Hazard Surcharge" $15.00 per man per hour USL&H Surcharge $15.00 per hour per man Per Diem $175.00 per man per night Extra Man -Portal to Portal $80.00 per hour 4X4 Surcharge $40.00 per hour Well Development/Water Sampling Services Field Technician -Portal to Portal $105.00 per hour Groundwater Sampling Equipment <50ft $100.00 Per Day Groundwater Sampling Equipment >50ft $200.00 Per Day Transducer Rental $50.00 each per day Level C PPE Surcharge $20.00 per man per hour on site Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 26 of 54 Large Diameter $305/Hr 52 February 15, 2022, Item #4Proposal I Fee Proposal PACIFIC DRILLING CO. 5220 ANNA AVE STE A SAN DIEGO, CA 92110 UNDERGROUND STRUCTURES: Terms and Conditions 619-294-3682 (f) 619-294-3283 Client/Consultant will mark each boring location and will notify Underground Service Alert (USA) or other local utility service alert for utility clearance at boring locations. Pacific Drilling Co will be included on the Utility Service Alert Ticket as the intended excavating contractor. For marked location on private property, Client/Consultant is responsible for clearing utilities at the proposed boring locations. Pacific Drilling Co shall be responsible for exercising care in operating equipment in the vicinity of utilities, whether overhead, at ground level or buried, however Pacific Drilling Co will not be responsible for damages to subsurface utilities and/or structures at locations marl<ed by Client/Consultant, except to the extent such damage is caused by the negligence or willful misconduct of Pacific Drilling Co. PROPERTY DAMAGE:. Pacific Drilling Co. will not be responsible for damage to landscapes, flatwork or structures, caused by equipment movement or drilling operations. unless such damage is caused by its employee's negligence or willful misconduct. ADDITIONAL INSURANCE CHARGES: Additional Named Insured (other than party hiring Pacific Drilling Co): $75.00 per Certificate Holder. MINIMUM CHARGE: A four hour minimum charge plus applicable travel charges will apply to all invoices. CANCELLATION POLICY: A $750.00 late cancellation fee will be charged if a cancellation is received later than one (1J business day prior to scheduled start time. Multiple day bookings are subject to a $1250 charge if canceled less than 48 hours of sche uled departure time. If the work is subsequently rescheduled within30 days of cancellation. a $300.00 rescheduling credit will be applied to the project invoice. WEATHER RELATED CANCELLATION POLICY: In the event of forecasted inclement weather, safety is of the utmost concern. A rain/inclement weather contingency plan should be discussed with dispatch prior to the scheduled work day. If that is impractical, you can contact the drill rig operator directly on lhe number listed on the work order that is emailed to you prior to the job date. Alternatively, arrangements can be made with our after hours employee by calling the office number and following tfle prompts. Weather Related Cancellation Charges: If rig/crew is cancelled prior to leaving for work the morning of the job: No Charge If rig/crew is cancelled after reporting for duty: $125.00 per man charge. If rig/crew is cancelled after mobilizing: Stanifard 4 hour minimum applies. RESTOCKING CHARGE: Any materials, supplies or support equipment ordered, delivered and not used is subject to a restocking fee/minimum charge. LOST TOOLING: Casing, core barrels, CPT Cones and drill rods consumed or lost in the drill hole, through no fault of the drill crew, or left at the client's request, will be invoiced at list price, plus freight charges. OVERTIME POLICY: Overtime surcharge will be added to the hourly rig rate: •After 8 hours in a day •At night (7pm-5am) On weekends and holidays. PAYMENT TERMS: 2%30 Net 45. Clients requiring greater than 45 day payment terms will be subject to a Finance Surcharge of 1.5% per month calculated from the invoice date . *HAZARD: Projects where hazardous materials or abnormal hazards to equipment and/or personnel exist. •HILLSIDE: Rig set up on 2.5:1 or steeper Ninyo & Moore I City of Poway As-Needed Geotechnical SerJices, RFP No. 22-018 I P02-02632 I December 14, 2021 27 of 54 53 February 15, 2022, Item #4Proposal I Fee Proposal AJ!f~ , December, 09, 2021 Ms. Cherrie Bowman Ninyo & Moore, Inc. 5710 Ruffin Road San Diego, CA 92123 cbowmanr@ninvoandmoore.com 858-576-1000 xi 1274 Ms. Bowman: Please see the attached rates for AIRX Utility Surveyor's, Inc. for years 2022-2024. AIRX FEES FOR POTHOLING AND LOCATING SERVICES City of Poway -As Needed Services LOCATING $1,850 Daily Fee -This includes one man, a van with all locating equipment and all the hand tools. Expectations are: 500 lineal feet of street or½ acre per locator per day. POTHOLING $2,900 Daily Fee -This includes a two-man crew, Vacuum and Support Truck and all the hand tools. Expectation is three to four holes per day average depending on conditions. CCTV $2,800 Daily Fee -Includes a two-man crew, Camera Truck, safety equipment and hand tools. MARK OUT REMOVAL $2,400 Daily Fee -This includes a two-man crew, Support Truck with high pressure water and walnut shell air abrasion power tools and all hand tools. Hot Asphalt Small Road Repair $5,200 Daily Fee -Includes a four-man crew, Skid Steer and Grinder, Hot Box and Roller, all materials and all the hand tools. Sincerely, ~ f/lAdwvit't,0---Gail McMorran -Principal President I CEO 2534-C East El Norte Parkway Escondido, CA 92027 760-480-234 7 X 10 I gmcmorran@airxus.com 2534-C EEL NORTE PKWY, ESCONDIDO, CA 92027 760-480-2347 f SAN DJ EGO www.airxus.com 5191 MAYBERRY AVE, RANCHO CUCAMONGA, CA 91737 909-493-1554 { INLAND EMPIRE NA/CS: 561990 J SIC: 8713, 7389 Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 54 28 of 54 February 15, 2022, Item #4EXHIBIT "8" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 29 of 54 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with February 15, 2022, Item #4Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 30 of 54 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 2 February 15, 2022, Item #4Cal Gov Code § 7522.56 ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (t) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (t)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 31 of 54 3 February 15, 2022, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 21st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and BARNETT QUALITY CONTROL SERVICES, INC. dba NOVA SERVICES, INC. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed geotechnical engineering services (Project); WHEREAS, Consultant is a professional engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 32 of 54 ATTACHMENT B February 15, 2022, Item #45. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 33 of 54 2 February 15, 2022, Item #4"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 34 of 54 3 February 15, 2022, Item #4(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 35 of 54 4 February 15, 2022, Item #4(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. ( d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 36 of 54 5 February 15, 2022, Item #4Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 37 of 54 6 February 15, 2022, Item #4Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 38 of 54 7 February 15, 2022, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 39 of 54 BARNETT QUALITY CONTROL SERVICES, INC. dba NOVA SERVICES, INC. By:------------Danny J. Barnett, President/CFO Date: ___________ _ 8 February 15, 2022, Item #4A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed geotechnical services further described in the Scope of Services submitted with the proposals dated December 14, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. 8. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated December 14, 2021, which are included in this document as Attachment 2. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing February 21, 2022, and ending February 20, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 40 of 54 February 15, 2022, Item #4following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 41 of 54 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 NOVA Services, Inc. 4373 Viewridge Ave, Ste. B San Diego, CA 92123 February 15, 2022, Item #4Attachment 1 7. SCOPE OF WORK 1. GEOTECHNICAL DESIGN SERVICES GEOLOGIC SETTING OF THE CITY OF POWAY NOVA's understanding of subsurface conditions in the City is based on project experience within Poway and the surrounding communities. We have a well-developed understanding of both the geologic setting of the City and the mechanical characteristics (strength and compressibility) of the underlying geologic formations. Poway is located in the western San Diego County portion of the Peninsular Ranges Geomorphic Province. Within this area, Poway lies approximately on the border of two physiographic provinces, the Coastal Range to the west, and the Foothill province to the east. As a consequence, the surficial geology of the area is quite variable, including a variety of rock and soil units. The Coastal Range province in San Diego County can be generalized as underlain by Quaternary and Tertiary sedimentary rocks which were deposited on upper Cretaceous sedimentary rocks in a basin known as the San Diego embayment. The most abundant rocks in the embayment are gently folded and faulted Eocene marine, lagoonal, and nonmarine rocks. The Foothills physiographic province can be generalized as granitic-type rocks of the Southern California batholith, which were intruded to the pre-existing Mesozoic volcanic and sedimentary rocks, often displaying low-grade metamorphism near the contacts. Within this area it is very common to have young and old alluvial deposits derived of the surrounding granitic rocks. These units are deposited within drainage ways, alluvial fan deposits, and slope wash. There are no known active or potentially active faults within the City. Active faulting KEY TO SYMBOLS ~ GRANOOIOM'E. UNOMOED YOLJHCAI.LlNIAL A.000-Pl.AJH DEPOSITS STACllUM CONGI.OllEAATE Geology of the Poway Area fOW.ITE. UNONIOE0 MCT.WORPtlOSEO A~D IJtiJ,tET......ORPttOS(0 VOLCAN ANO SEOIMfNTMY ROO(S, lko()MOEO capable of generating a large magnitude earthquake surrounds the area. The nearest known active faulting is that associated with the Rose Canyon Fault Zone (RCFZ), aligned through San Diego Bay about 8 miles west of Poway. The La Nacion Fault, aligned about 2 miles west of the City, is considered a potentially active fault. The risk of fault rupture in a seismic event is negligible. However, development of civil works within Poway must be designed to resist strong ground motions per the requirements of the 2019 California Building Code. While development of civil works within Poway must anticipate strong ground motions during the lives of structures, there is no known risk of liquefaction (loss of ground strength and settlement do to earthquake shaking) or related phenomena (e.g., lateral spreading, ground lurching, etc.) Despite this apparent security, every geotechnical evaluation of the development of civil works within the City should consider the potential for liquefaction. The geologic and topographic setting of Poway is such that the risk of landslide is negligible for most areas of the City, although it is important to note that civil development of sites can create landslide risk. Collapsible (or hydro-collapsible soils) occur in the Poway area. The term collapsible/hydro-collapsible describes a naturally occurring soil of aeolian, alluvial, and colluvial origin that is susceptible to large decreases in bulk volume when it becomes saturated. The San Diego region is at risk for such soils. The City identifies collapsible soils among the ground subsidence hazards that planning for development should consider, identifying the phenomenon as a natural City of Poway As-Needed Geotechnica/ Se,vices, RFP #22-018 39 42 of 54 February 15, 2022, Item #47. SCOPE OF WORK hazard that occurs in Poway ' .... usually caused by first time wetting of open textured soils which compact under their own weight.' (City of Poway, General Plan, Public Safety element, found at https://poway.org/286/General-Plan) Expansive soils are commonly encountered in the near subsurface. The potentially damaging effects of expansive soils (i.e., large volume change-both swelling and shrinkage-on wetting and drying) is the subsurface and geologic hazard most commonly encountered in the City. Design must adapt development of civil works to the presence of the soils, either by removal of the soil or design of structures to adapt to the potential volume changes. TYPICAL APPROACH TO GEOTECHNICAL DESIGN SERVICES NOVA's typical approach to providing geotechnical design services includes: REQUEST FOR PROPOSAL NOTICE TO PROCEED FIELD AND LABORATORY SERVICES FINAL REPORT • Prepare a proposal outlining the scope of work and budget. • Work with the City to develop the most efficient and cost-effective solutions. ·-• Review of available and relevant geotechnical data pertaining to the site, including geologic maps, topographic maps, prior geotechnical reports, and other pertinent literature. • Scheduling dig alert and utilities clearance as well as scheduling the drill rig or other necessary equipment. • Perform a site investigation to observe the subsurface conditions. Explorations may include drilling, cone penetrometer (CPT) soundings, test pits, and/or coring. One of our geologists will log the borings and collect soils samples for laboratory testing. • The design team will be provided with a preliminary description of our findings the following day. If the findings include unforeseen conditions or potentially cost inhibiting conditions, NOVA will immediately notify the City. 1 • Assign appropriate laboratory testing and analysis for the collected soils samples. Within the I week after the field investigation, the laboratory testing results will be communicated to the 1 design team providing further clarification and recommendations. • Conduct engineering analysis utilizing the field and laboratory data to develop geotechnical recommendations. • When our geotechnical report reaches the draft stage, we will send it out to the design team for review. This allows the team to review our findings and proposed recommendations and provide any feedback they deem necessary before we finalize our report. • Once we hear from the design team, we will incorporate their feedback into our report, finalize it, and send it out to the City. During the design process, after submitting our geotechnical report, we fully expect to be partially involved throughout the remaining design stage. We call this time our Design Development stage. We do not dictate the design schedule but will provide timely responses to questions related to the geotechnical engineering. Once a notice to proceed is received, our typical schedule for geotechnical work includes: PROJECT PHASE ANTICIPATED COMPLETION FROM NTP Geotechnical Reconnaissance Site Investigation Laboratory Testing Delivery of Geotechnical Report City of Poway As-Nee•e• Geotecl111ical Services. RFP #22-018 43 of 54 1 week 2 weeks 3 weeks 4-5 weeks 40 February 15, 2022, Item #47. SCOPE OF WORK MILESTONE PROGRAM NOVA Services has developed what we call our Milestone Program. The Milestone Program was designed to speed up the process of delivering the necessary geotechnical data to the design team throughout the development of our geotechnical report, rather than waiting until the final report is submitted. The Milestone Program is a product of NOVA's commitment to keeping its clients informed and involved in the geotechnical process during an investigation. These Milestones will describe the progress and findings of the work, and are designed to give clients a step-by-step path to on-time delivery while eliminating unnecessary construction risks. Information conveyed by the Milestones is intended to be informative, not final. Analysis of data and recommendations are preliminary pending the completion of the final report. If the City requests these reports, NOVA will notify the City once the following phases are completed: (i) Notice of Site Preparation, (ii) Preliminary Geotechnical Findings and Recommendations, (iii) Summary of Laboratory Analysis, and (iv) Draft Report. 2. SUBSURFACE UTILITY ENGINEERING SERVICES Underground Solutions, Inc. (USI) provides a complete utility locating and positive verification service from start to finish. These services may include USA Digalert mark-out and arranging for any necessary "stand-by" personnel (HP Gas, fiber-optic, electric, water, etc.). USI employs certified electro-magnetic and GPR locating personnel. Most projects can expect a crew to respond within one to three days depending on the number of sites and USA Digalert mark-out. In order to promote safety and save clients the headache of lost time, money, injuries, and insurance claims, USI offers the most technologically advanced and cost efficient underground utility locating service available in California. Locating services are based upon their PositivelD locating technology, combining GPR, Electromagnetic Locating, and Concrete Scanning to mark, locate, and manage underground asset points and delivering the most accurate data possible. A typical approach to potholing work includes: 1. Mark-out dry and wet utilities (USA DIGALERT or USI mark-out) around proposed work site 2. Meet client on site to confirm pothole locations over existing utilities and to mark and number each location 3. Submit traffic control plans and obtain permit(s) 4. Call for "stand-by" if necessary for gas, electric, etc. 5. Commence work after permit inspection is scheduled. 6. Take digital photo of pothole area prior to excavation. 7. Breakout surface and air/vacuum excavate pothole site: a. As high pressure air is induced to the soil, the vacuum system simultaneously removes the air-induced soil and transports it to the storage tank, eliminating the need to stockpile any of the excavated material on the ground. b. If wet or runny soil is encountered during our excavation, the following precautions will be taken by USI: i. Place a 4-foot diameter piece of plastic sheeting around each work area. ii. Install straw waddle to form a circular containment area around the plastic sheeting at each pothole location. iii. When complete, any and all wet material accumulated on the plastic sheeting will be vacuumed into storage tank. 8. Identify utility, take depth measurements with survey rod and confirm utility direction (i.e. North-South). 9. Take digital photos of the utility for written report. 10. Backfill with native soil from hopper. 11. Compact with on board pneumatic tamper. 12. Top-off with DOT approved asphalt patch or Rapid-Set. 13. Paint data on street surface regarding that location. 14. Place PK nail, stake with ribbons, or feathered nail and circle in pink for future survey. 15. Measure distance from curb or other fixed object. 16. Take digital photos throughout process for utility report. 17. Prepare a Subsurface Utility Report with data, photographs, and map with pothole locations. City of Poway As-Neeclecl Geotechnical Services. RFP #22-018 44 of 54 41 February 15, 2022, Item #47. SCOPE OF WORK GEOPHYSICAL SERVICES For Geophysical Services/Seismic Refraction Surveys, NOVA will be utilizing Terra Geosciences. A typical seismic refraction method consists of measuring (at known points along the surface of the ground) the travel times of compressional waves generated by an impulsive energy source. This survey can be used to estimate the layering, structure, and seismic acoustic velocities of subsurface horizons. Seismic waves travel down and through the soils and rocks, and when the wave encounters a contact between two earth materials having different velocities, some of the wave's energy travels along the contact at the velocity of the lower layer. The fundamental assumption is that each successively deeper layer has a velocity greater than the layer immediately above it. As the wave travels along the contact, some of the wave's energy is refracted toward the surface where it is detected by a series of motion-sensitive transducers (geophones). The arrival time of the seismic wave at the geophone locations can be related to the relative seismic velocities of the subsurface layers in feet per second (fps), which can then be used to aid in interpreting both the depth and type of materials encountered. 3. CONSTRUCTION MATERIALS TESTING When a construction materials test request is received from the City for field testing, NOVA will: • Schedule a technician to the project site to perform the requested testing. • The technician will arrive on-site and check in with the designated City representative to discuss the day's testing activities and review the project plans and specifications to assure the documents are clearly understood and the City's needs are fully addressed. • Conduct all testing to ensure that the recommendations of the geotechnical report are being met during soils testing, and that all materials testing services are performed in accordance with the project plans and specifications, and in compliance with the various regulatory agencies and local, state, or federal regulations. • At the end of each day, a daily report will be prepared using Metafield software. The report will be distributed via email to all members of the team. Notification of any non-compliant work will be noted and immediately reported to the City's representative. The software will maintain a discrepancy log of all non-compliant work and resolutions of discrepancies. When a construction materials test request is received from the City for laboratory testing, NOVA will: • Schedule sample pick-up and deliver to NOVA's in-house laboratory for testing. • The technician will arrive on-site and check in with the designated City representative and pick-up the sample(s). • Samples delivered to NOVA's in-house laboratory for processing. Our laboratory staff will dispense testing results regularly and accurately. If there are any failed tests, the designated City contact will be notified immediately with a request for information (RFI) regarding how to proceed. NOVA will respond and perform any required sampling and testing within 24 hours of notice from the City. Compaction and density test results and results of sand equivalent, cleanness value, and sieve analysis for aggregate sampling will be submitted within 24 hours. For soils and aggregate sampled at the project site, results will be submitted within 72 hours. When soil and asphalt concrete is sampled at the project site, R-value and asphalt extraction results will be submitted within 96 hours. 4. SPECIAL INSPECTIONS During testing and inspection services we are completely dependent on the schedule of the construction team. When construction commences, our project management team will meet with the City to review the scope of services and obtain plans and specifications. Our typical scope of services for testing and inspection includes: City of Poway As-Neede• Geotechnicaf Services. RFP #22-018 45 of 54 42 February 15, 2022, Item #47. SCOPE OF WORK REQUEST FOR • Prepare a proposal outlining the scope of work and budget. PROPOSAL • Work with the City to develop the most efficient and cost-effective solutions. • Attend pre-construction meeting. NOTICE TO PROCEED • Our project management and dispatch team will communicate with the City's staff regarding the schedule. • The Inspector will arrive on-site and check in with the designated City representative. They will discuss the day's activities and review the project plans and specifications to assure the documents are clearly understood and the City's needs are fully addressed. FIELD AND • Conduct all services to ensure that the recommendations of the geotechnical report are being LABORATORY met during soils inspection and that all inspections are performed in accordance with the project SERVICES plans and specifications, and in compliance with the various regulatory agencies and local, state, or federal regulations. • Prepare a daily field report in MetaField describing the work inspected on-site at the end of each day. The report will be distributed electronically to the team for review. Notification of any non-compliant work will be noted and immediately reported to the City's representative. FINAL REPORT • Attend a project completion meeting and prepare and submit a final report. All inspection reports will be provided to the City within one business day and will include results of all tests taken that day. A daily field report describing the work inspected at the site will emailed to the designated team members each day. At the completion of work requiring special inspection and materials testing, NOVA will submit a stamped letter signed by a Professional Engineer stating that the work requiring inspection and testing is or is not in conformance with the approved plans and construction documents. We can submit this letter within one day of completion of our services. METAFIELD NOVA has implemented MetaField software by Agile Frameworks, which aids in the streamlining of reports and test results. Daily reports from the field will be uploaded into MetaField via mobile phone, where they can be reviewed by NOVA's Project Engineer. Samples will be logged and testing assigned from the field at the time of sampling. Any samples will be delivered to our laboratory and scheduled for testing by the appropriate methods on the required dates. Test results will be managed and forwarded to NOVA's staff using MetaField for review and distribution. In the event of non-conforming test results, the designated representative will be immediately notified. NOVA's staff will work with the project team whenever possible to resolved non-compliance issues prior to close-out of the project. All dispatch will be coordinated through MetaField, and each inspector or technician will receive a text from dispatch with details relating to the assignment, including the project address, on-site contact, and type of inspection they will be performing. Once on site, the inspector or technician will document the inspection and/or testing in MetaField and attach photos of the progress of the work. Our clients have remarked that our reporting is comprehensive and legible, and they appreciate the detailed photo documentation. Below are two recent MetaField reports. City of Poway As-Needed Geotechnical Services, RFP #22-018 46 of 54 Dally Fleld Roport Soll1 lnspoc1ion 0410412020 oa:oo AM 04/04/2020 04:00 PM Submitted s.-in Diego :;.':.! 2DO Embarcadero MariN Parl< South SoW Compaction gauge 9 Site Contact: Douv 819-S71-4368 Pnoveilln9 W1190 Accept ., Decline Project Information Project Documents MetaField Dispatch e 0 0 43 February 15, 2022, Item #4Attachment 2 10. FEE PROPOSAL LABORATORY TESTING Test ASTM/Ca ltra ns Fee Soil and Aaaregate, Primary Testing (continued) Sieve Analysis, coarse, w/o Wash C136, CT-202 $ 55.00 Sieve Analysis, fine with Hydrometer 0422, CT-203 $210.00 #200 Sieve Wash D1140 $ 85.00 Specific Gravity and Absorption, Coarse C127, CT-206 $ 75.00 Specific Gravity and Absorption, Fine C128, CT-207 $ 85.00 Unit Weiqht and Voids in Aooregate C29, CT-212 $ 65.00 Moisture Content D2216 $ 35.00 Moisture Content and Dry Density D2937 $ 35.00 Atterbero Limits: PL, LL, Pl D4318, CT-204 $145.00 Atterberq Limits -NP D4318, CT-204 $145.00 Sand Equivalent, Average of Three D2418, CT-217 $105.00 Sand Equivalent D2418 $ 85.00 Durability Index, Coarse D3744, CT-229 $130.00 Durability Index, Fine D3744, CT-229 $100.00 Cleanness Value CT-227 $115.00 Los Angeles Abrasion (LA Rattler) C131 / C535, CT-211 $180.00 Expansion Index 04829, USC 29-2 $160.00 R-Value D2844, CT-301 $250.00 Consolidation, per point D2435 $ 65.00 Direct Shear, UU, CD, CU D3080 $300.00 Sulfate and Chloride Content $ 90.00 pH and Resistivity CT-643 $140.00 Unconfined Compression D2166 $110.00 Asphalt Concrete Hveem Stability and Unit Weight D1560, CT-366 $190.00 Maximum Theoretical Specific Gravity (Rice) D2041 $ 85.00 Percent Asphalt -Ignition Oven, no gradation C6307, CT-382 $ 85.00 Percent Asphalt with Gradation (ignition oven) C6307, CT-382 $180.00 Unit Weight Only (compacted sample or core) D2726 I D 1188, CT-308 $ 30.00 Unit Weight Requiring Compaction D2726, CT-304 / 308 $100.00 Asphalt Mix Design Review $165.00 Concrete and Masonry Concrete Cylinder Compression Test (4x8, 6x12) C39, CT-521 $ 29.00 Compression Test, Mortar, Grout C780 I C1019 $ 39.00 Compression Test, High-Strength Grout C109 $ 49.00 Compression Test, Core (includes sample prep) C42 $ 75.00 Compression Test, Lightweight Concrete C495 $ 50.00 (insulating, fill) Compression Test, Shotcrete Panel, set of four cut cores C42 $325.00 Flexural Strength, 6X6 beam C78 / C293 $ 75.00 Unit Weight Fresh Concrete C138, CT-518 $ 45.00 Unit Weight, Lightweight Concrete C567 $ 75.00 Concrete Mix Design Review $185.00 Moisture Vapor Emission Kits F1869 $ 30.00 City of Poway As-Neeclecl Geoteclmicaf Services, RFP #22-018 48 47 of 54 February 15, 2022, Item #4,1, I NOVA 10. FEE PROPOSAL LABORATORY TESTING Test ASTM/Caltrans Fee Concrete and Masonry (continued} Shotcrete Nozzleman Certification-mock up panel, coring, $1,950.00 and grading, per nozzleman. Composite Prism Masonry Unit -Compression C1314 $155.00 Compression Test, Block C140 $ 60.00 ; Compression Test, Brick C67 $ 45.00 Absorption, Unit Weight, and Received Moisture, Masonry C140 $105.00 Block Linear Shrinkage, Masonry Block C426 $130.00 Masonry Block Conformance (absorption, unit weight, C90 $550.00 compressive strength) Steel and Fireproofing Bolt-Nut-Washer Conformance Testing F606 $645.00 Bolt-Nut-Washer, Hardness Only F606 $125.00 Reinforcing Steel, Tensile Test,< No. 11 bar A370 $ 95.00 Reinforcing Steel, Tensile Test, 11 to 18 bar A370 $125.00 Reinforcing Steel, Bend Test, 11 bar or smaller A370 $ 95.00 Fireproofing -Density Test (template/displacement) E605 $ 65.00 Fireproofing Adhesion/Cohesion E736 $ 10.00 Miscellaneous Additional Sample Preparation, per hour I I $ 65.00 Lab Technician, per hour I I $ 65.00 ADDITIONAL TERMS AND CONDITIONS • Overtime occurs in the following instances: -work more than 8 hours per day is charged at time-and-a-half. -work more than 40 hours per week is charged at time-and-a-half. work performed outside the hours between 6:00 a.m. and 4:30 p.m., Monday through Friday is charged at time-and-a-half; work up to 12 hours per day on Saturday is charged at time-and-a-half. -work more than 12 hours in one day, or over 8 hours on the 7th consecutive day or worked Sundays/holidays is charged at double time. • Hourly rates are charged on a portal-to-portal basis. • Mileage will be charged at $0.85 per mile for services performed outside a 50-mile radius of this office. • A 4-hour minimum is charged for field services. Work performed more than 4 hours will be charged in 1-hour increments. Work performed over 8 hours is charged in half-hour increments. • 24-hour notice is required for testing and inspection services. There will be a 2-hour minimum charge (show-up time) for cancellations without notification. • Same Day Callouts will be subject to a 1-hour project management fee. • When personnel are required by job conditions to work more than 5 consecutive hours without ability to take a one-half hour uninterrupted lunch period, an additional hour will be billed at regular time in addition to actual hours worked. Laboratory testing that is required to be performed outside regular hours will be billed for Lab Technician time in addition to the lab test rate. Weekend sample pickups, if required, will incur additional charges. City of Poway As-Neecled Geoteclmica/ Services. RFP #22-018 48 of 54 49 February 15, 2022, Item #4J~\ NOVA TERRA GEOSCIENCES 10. FEE PROPOSAL 2022 GEOPHYSICAL SERVICES FEE SCHEDULE Professional Geophysicist (PGP) Field, Office, and Travel Time (Three-hour minimum) Equipment Charges Ground Penetrating Radar (GSSI SIR-4000) Twenty-Four Channel Seismograph (Geometrics StrataVisor™ NZXP) Proton Procession Magnetometer (Geometrics G-8261856 AX) Precision Utility Locator (Radiodetection RD4000PXL) Electromagnetic Detectors (Fisher Gemini-3M-Scope®, White's TM BOB) Magnetic/Pipe and Cable Locator (Schonstedt MAC-51Bx) Miscellaneous Costs Per Diem (Per person) Field Assistant Sub-Contractors Materials/Rentals City of Poway As-Needed Geotechnical Se,vices. RFP #22-018 49 of 54 $190.00/hour $180.00/day $150.00/day $120.00/day $ 90.00/day $ 90.00/day $ 90.00/day $300.00/day $ 78.00/hour Cost plus 15% Cost plus 15% 50 February 15, 2022, Item #410. FEE PROPOSAL ~ UNDERGROUND SOLUTIONS ~ Your First Choice for Potholing Services ***4-hour minimum+ Mob/Demob Project Name: __________ C_i_ty __ d_P_o_w_a_y_O_n_C_a_ll ________ _ Sales Person: TC Item# 1 2 ~f'ti~~T REPAIR 3 4 5 Qty TRAFFIC CONTROL 6 7 8 9 10 ,:RAVEL 11 !REPORTING ·-· ··1:r 13 1.4 OTHER COSTS 15 ---16 17 18 Description I ! Pothole Service (Prevailing Wage) Per Hour Reg : Pothole Service (Prevailing Wage) Per Hour/Premium Cold/Perma Patch Asphalt/ Rapid Set Concrete Ii-1ot Patch Asphalt Repairs -Base Pave (each) ·· Hot-Patch.Asph-alt"c:;rind & Overlay ::-up to 5'x5' Traffi: -~ontr~I Plan~ -~o~ Eng Stamped (Each) Standard Traffic Control (Per Day) Major Traffic Control (PerDay) Flagman Service (Per Ma·;, Hciu.r/?revailing Wage) Encroachment/ Traffic Permit Processing Fee :Mobilization/ Demobilization (Per Day) ; PDF/Digital Flash Card Utility Report (1-5 potholes) PDF/Digital Flash Card Utility Report (5 · 10 potholes) PDF/Digital Flash Card Utility Report (10 · 15 potholes) NighVWeekend Work Premium (each) USA Dig Alert Delination and Mark Out 'USA Markout Paint Removal (Per Hour) Sand/ Class II Base (each) :Excluded: Permit and Deposit Fees to be paid by client prior to start of work Encroachment & Traffic Permits Deposit Amt USI to: No Fee Process ROW/Traffic Permits as necessary Delineate for USA markout Set Traffic control per approved plans Vacuum excavate each site, determine diameter and depth of utilities Backfill, compact and patch, grind/overlay Mark each location with PK nail, paint or stake for future survey Prepare a "Subsurface Utility Report' w/data, photos and PH location map Customer to: Provide permit and deposit fees prior to start of work Supply pothole locations Parking Meter Buyouts This proposal is based on digable conditions using the air excavation process Exclusions: Replacement of Striping, Traffic Loops, Sidewalk Panel Standard Notes: Terms: Existing Accounts Net 30 Unit Price Line Total $ 390.00 420.00 $ 1so:oo i-$ 150.00 $ 1,590.00 $ 150.00 $ 720.00 $ 1.440.00 1 $ 102.00 $ 96.00 $ 240.00 ; $ 180.00 $ 240.00 $ 300.00 $ 600.00 $ 120.00 $ 204.00 $ 42.00 N/A Subtotal Total $ Permit Estimate No Fee The above is an ·estimate·, final costs will be determined by the actual number of work hours and travel time logged. This is a quotation on the goods named, subject to the conditions, inclusions and/or exclusions noted above. To accept this quotation, sign here and return: A cancellation fee may apply if job iscancelled at site. Credit Application Required To Open Account City of Poway As-Neecled Geotechnical Services, RFP #22-018 50 of 54 February 15, 2022, Item #410. FEE PROPOSAL ~ UNDERGROUND SOLUTIONS Your First Choice for Pothollng Services Project Name: City of Poway On Call Item# Qty Description Unit Price 1 2 3 4 5 6 7 ADDITIONAL: I Utility Locating Service Call Including 1st Hour ; Utility Locating Additional hours up to (7 hrs) Utility Locating Per Day (8 hrs) :CCTV Push Camera (Per Hour) (4" -10") !Hydrojetting (4" -10") Per Hour (4) Hr Min 'Markout Paint Removal (Per.Hour) (4) Hr Min+Traffic. Control ;Travel per hour (Note: For San Diego County: 1-hour travel will be charged If 3 hours or less on-site. Other counties wlll be charged ,actual travel hours) $ $ $ $ $ $ $ 8 9 : Digital Flash Card Utility Locating Report JCCTV Push Camera Video report (Per Day) (Per Day) $ $ Standard Notes: Utility Locating -Electromagnetic, GPR Terms: Existing Accounts Net 30, Credit Application Required To Open Account Travel time at the rate of $12O.00/hr will apply if noted above Additional charges apply for overtime, night work. weekend and Holidays -Please call our office for rates. The above is an ·estimate-, final costs will be determined by the actual number of work hours and travel time logged. A cancellation fee applies at the rate of 1 hour (plus travel If applicable) if cancellation occurs upon arrival to jobsite. Disclaimer: 360.00 360.00 276.00 204.00 120.00 120.00 162.00 Sales Person:· TC Line Total Subtotal Total Underground Solutions. Inc. is committed to providing our customers with the most accurate utility localing service available. We employ stale of the art electromagnelic signal tracing and radar imaging technologies, however. oo method of underground utmly IOcatong can ever guarantee 100% accuracy or completeness. Variables. including but not limited lo age, condition orthe facilities in question, soil lype, and moisture content can adversely aflecl the ability of our equipment lo find and lrace utilities. and on rare occasions may e11en result in errors or omissions beyond our control. Some utilities are simply not locatable. The only true way lo positively identify ulililies is through vacuum e.cavalion potholing and visual 11erificalion . Ir we can't find a given facility. we·re conlident lhal no one else can either.The more information you can provide USI about your site. the more complete and efficient lhe work win be. The following items will help USI achie-,e lhe best results possible: *Copies of any available schematics. plans, or as-built drawines iPDF formal); *Al least one on-site contact (name, lille, telephone/cell number and/or email address); *If possible, access to all utility buildings, mechanical rooms, etc. within and around the area or investigation. lfSI ffihall not be held Uah1C tor C!5Fitvi!IIPD rell!Cddamafe to IDY utility POI :lbOWD sm PctDf15 map:; Rian:, a;s•bllil!dti!WIDS! PC PtbCCdRGUtDCnt1 ll.[gl1Jli:1I..Jtt.hil~n&.Illlxrti-'.eal2le~i;11.!m11ll.lnt.iu.Y.'~~um~J.1ru'1!W:.:ti:il.llio!M.u:all.Clile.d..atea..o.(Jo'le.ll!Ulion..1JJSU.gt1~~en~or.1~ill.JllUitt.lli.ll21ll.llll:n,yjg_ma!IJ:nil1lollll.ll.li.ll.efilr.i:.!l!..dllrioe.1bi:.llf:cflluIWll;e. To accept this quotation, sign here and return X Date This is a quotation on the goods named, subject to the conditions. inclusions and/or exclusions noted above. 120 N. Andreasen Dr. Escondido, CA 92029 PH# 760 294 9449 Fax# 760 294 9490 City of Poway As-Neecled Geotechnical Se,vices, RFP #22-018 52 51 of 54 February 15, 2022, Item #4EXHIBIT "8" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 52 of 54 (!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with February 15, 2022, Item #4Cal Gov Code§ 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 53 of 54 (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the ,California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 2 February 15, 2022, Item #4Cal Gov Code § 7522.56 ( 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision ( t) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System 11 who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015. Annotations Notes Amendments: Note--Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (t)(l) and (t)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (t)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 54 of 54 3