HomeMy Public PortalAbout7F MATERIAL TEST LAB AGREEMENTSCity Council
February 5, 2013
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3. On January 14, 2013, the City's inspection firm, Geo-Advantec called Ms .
Elizabeth Shavelson of the City of Malibu, and on January 16, 2013 called Mr.
Jeremy Brown of Helt Engineering to verify the references for Fugro Consultants,
Inc.
4. On January 14, 2013, Geo-Advantec called Mr. Heecheol Kwoon of the City of
Hawthorne, and on January 16, 2013 called Mr. Jerry Burke of the City of
Glendora to verify the references for Ninyo & Moore.
5. On January 23, 2013, Vanir Construction Management, Inc. and Geo-Advantec
interviewed three firms: Fugro Consultants, Inc ., Ninyo & Moore, and United
Inspection & Testing. The selection criteria employed during the interview was in
accordance with the Quality Based Selection Method, in which the companies
provided their qualifications, and the selection of firms is based solely on those
qualifications. Subsequent to that ranking, fee proposals were opened and
negotiated.
6. On January 24, 2013, Fugro Consultants, Inc. and Ninyo & Moore were selected
as the preferred firm for Quality Control and Quality Assurance, respectively.
Their fee schedules were reviewed, and specific line item costs were negotiated
by the Rosemead Project management team .
ANALYSIS:
Over the past two and a half years, the City has worked diligently to bring the
Rosemead Project to fruition. With construction having started on January 24, 2013,
materials testing services are necessary to ensure that the project is built per the
Project Specifications, and all applicable construction codes .
The proposed agreements with Fugro Consultants, Inc. will provide QC, and with Ninyo
& Moore will provide QA, materials testing services during the Rosemead Project's 16 to
18-month duration. Fugro Consultants, Inc. as the QC will serve as the primary lab
testing consultant, and Ninyo & Moore as the QA will provide random testing as needed.
The contracts for the QC and QA are requirements of the Federal funding sources. Key
services to be conducted by the companies include:
• Perform periodic site visits and observation for quality control and quality
assurance;
• Observe and test compaction during grading operations, including removal
and re-compaction of fills and trench backfilling;
• Document removal and re-compaction test areas and depths;
City Council
February 5, 2013
Page 3
• Perform concrete and asphalt material testing as required by code and
Project Specifications;
• Perform special inspection services for electrical and plumbing trades;
• Detailed reports of material testing locations and results; and
• Perform required laboratory tests on retained samples from on-site and/or
imported materials for fill placement.
CONCLUSION:
It is recommended that the City Council approve the Consultant Services Agreements
with Fugro Consultants, Inc. and Ninyo & Moore. The firms will provide the necessary
material testing services to ensure that the Rosemead Project is built per the Project
Specifications and all applicable construction codes.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended agreement. Funding for the
services were allocated as part of a $5.39 million allocation of Proposition C funds for
the Rosemead Project, as approved by the City Council on November 6, 2012 .
ATTACHMENT:
A. Proposed Consultant Services Agreement between City and Fugro Consultants, Inc.
B. Proposed Consultant Services Agreement between City and Ninyo & Moore
C. RFQ/RFP for Inspection Services
D.. Service Proposal from Fugro Consultants, Inc.
E. Service Proposal from Ninyo & Moore
CONSULTANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMP.LE CITY,
a municipal corporation
and
Fugro Consultants, Incorporated
Attachment A
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
FUGRO CONSULTANTS, INCORPORATED
This Agreement for Consultant Services (''Agreement'") is entered into as of this 5th day
of February, 2013 by and between the City of Temple City. a municipal corporation (''City'") and
Fugro Consultants, a corporation (''Consultant'"). City and Consultant are sometimes hereinafter
ind ividually referred to as .. Party'" and hereinafter collectivel y referred to as the .. Parties.''
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
perfonnance ofthe services defined and described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a p roposal or bid for the performance of the
services defined and described particularly in Section 2 of this Agreement, was selected by the
City to perfonn those services .
C. Pursuant to the City of Temple City's Municipal Code. City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Consultant for perfonnance of
those services defined and described parti cularly in Section 2 o f this Agreement and desire that
the terms of that perfom1ance be as particularly defined and described herein .
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of which are
hereb y acknowledged, the parties agree as follows :
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Terminatio n of Agreement" of this Agreement
the scope of services set forth in Exhibit ·'A'' "Scope of Services'' shall be completed pursuant to
the schedule specified in Exhibit .. A .'' Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the
Default provisions of this Agreement and may i nstead allow Consu1tant to continue performing
the scope of services until such services are complete.
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SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit "A .. "Scope of Services"
and made a part ofthis Agreement.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any services rendered in connection with its
perfom1ance of this Agreement which are in addition to or outside of those set forth in this
Agreement or listed in Exhibit ··A" ··Scope of Services, .. unless such additional services are
authorized in advance and in writing by the City Council or City Manager of City. Consultant
shall be compensated for any such additional services in the amounts and in the manner agreed to
by the City Council or City Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
{a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in Exhibit ··B" ·'Compensation'' and made a part of this
Agreement. The total compensation, including reimbursement for actual expenses, shall not
exceed Two Hundred Thousand dollars ($200,000), unless additional compensation is approved
in writing by the City Council or City Manager.
(b) Each month Consultant shall furnish to City an original invoice for all work
perfom1ed and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories : labor (by sub-category), travel, materials, equipment, supplies, and
sub-consultant contracts. If the compensation set forth in subsection (a) and Exhibit ·•B" include
payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump
sum), the labor category in each invoice shall include detailed descriptions of task performed
and the amount of time incurred for or allocated to that task. Sub-consultant charges shall be
detailed by the following categories: labor, travel, materials, equipment and supplies. City shall
independently review each invoice submitted by the Consultant to determine whether the work
performed and expenses incurred are in compliance with the provisions of this Agreement. ln
the event that no charges or expenses are disputed, the invoice shall be approved and paid
according to the terms set forth in subsection (c). In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Consultant for correction and
resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
forty-five (45) days of receipt ofConsultanfs correct and undisputed invoice.
(d) Payment to Consultant for work perfonned pursuant to this Agreement shall not
be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultanfs work under this Agreement.
either during performance or when completed. City shall reject or tinally accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
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explanation. otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17. pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports ,
data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any services pursuant to this Agreement shall become the
sole property of City and may be used, reused or otherwise disposed of by City without the
pem1ission of the Consultant. Upon completion, expiration or tem1ination of this Agreement,
Consultant shall tum over to City all such original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents .
If and to the extent that City ut i lizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement. Consultant's guarantees and warrants related
to Standard of Perfonnance and found in Section 9 of this Agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents.
SECTION 7. CONSULT ANT 'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this Agreement . Consultant shall
maintain any and all ledgers, books of account , invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to City pursuant to th is Agreement. Any and all such documents or records shall be
maintained in accordance wi th generally accepted accounting principles and shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
Consultant pursuant to this A!:,JTeement. Any and all such documents or records shall be
maintained for three years from the date of execution of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures .
(b) Any and all records or documents r equired to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City fo r inspection, audit and copying when it is
practical to do so; otherwise, un1ess an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
Agreement.
(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discar ded due to dissolution or termination
of Consultant" s business , City may. by written request. require that custody of such documents or
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records be given to the City and that such documents and records be maintained by the
r equesting party. Access to such documents and records shall be granted to City, as well as to its
successors-in-interest and authorized representatives.
SECTION 8. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to bind City in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City,
whether by contract or otherwise, unless such authority is expressly conferred under this
AGREEMENT or is otherwise expressly conferred in writing by City.
(b) The personnel perfonning the services under this Abrreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City.
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Consultant or any of Consultant's officers. employees, or agents
except as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that Consultant or any of Consultant's officers, employees, or agents are in any manner
officials, officers, employees or agents of City.
(c) Neither Consultant , nor any of Consultant's otlicers. employees or agents, shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees. Consultant expressly waives any claim Consultant may have to any such
rights .
SECTION9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein. In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement.
If and to the extent that City utilizes for any purpose not related to th is Agreement any
maps, models , designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement. Consultant's guarantees and warranties
r elated to Standard of Perfonnance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself infonned of and comply with all applicable federal , state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this
Agreement. Consultant shall obtain any and all licenses, pennits and authorizations necessary to
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pertonn the services set forth in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials. employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Consultant that California prevailing wage laws apply
to this Abrreement because the Agreement involves one or more of the following services subject
to prevailing wage rates pursuant to the California Labor Code or regulations promulgated
thereunder: Construction, alteration, demolition, installation, or repair work perforn1ed on public
buildings, facilities, streets or sewers done under contract and paid tor in whole or in part out of
public funds. In this context, "construction" includes work perforn1ed during the design and
preconstruction phases of construction including, but not limited to, inspection and land
surveying work. The Consultant is aware of and agrees to abide by the provisions of
California Labor Code Sections 1720, et seq., as well as 1771, 1773 , 1773.1. 1773 .6 , 1773.7,
1775 and 1776, pertaining to the obligation to pay prevailing wages with respect to the
perfom1ance of work. Copies of the prevailing rate of per diem wages and the general prevailing
rate for holiday and overtime work for each craft are available upon request from the City. A
copy of the prevailing rate of per diem wages shall be posted at the job site. If such posting is
not possible, a copy shall be posted at the business of the Consultant.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C .A. §§ I 101 , et seq ., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the perfonnance of work and/or services covered by this
Agreement, and should the any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys· fees.
incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its fim1, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Agreement. Consultant fmther covenants that in the perfom1ance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at
all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests
of City in the performance ofthis Agreement.
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(b) City understands and acknowledges that Consultant is, as of the date of execution
of this Agreement, independently involved in the perfonnance of non-related services for other
governmental agencies and private parties. Consultant is unaware of any stated position of City
relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will, perfonu non-related
services tor other governmental agencies and private parties following the completion of the
scope of work under this A!,>reement. Any such future service shall not be considered a conflict
of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All infom1ation gained or work product produced by Consultant in perfonnance
of this Agreement shall be considered confidential, unless such infom1ation is in the public
domain or already known to Consultant. Consultant shall not release or disclose any such
infom1ation or work product to persons or entities other than City without prior written
authorization from the City Manager, except as may be required by law .
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without
prior written authorization from the City Manager or unless requested by the City Attorney of
City, voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other infonnation concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary .. provided Consultant
gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant,
provides any infonuation or work product in violation of this Agreement, then City shall have
the right to reimbursement and indemnity from Consultant for any damages, costs and fees,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant , its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
perfonned thereunder. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or
mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care for Consultant's Services, to the fullest extent pennitted by law.
Consultant shall indemnify, protect, defend and hold hannless City and any and all of its
ofticials. employees and agents ('"Indemnified Parties"") from and against any and all losses.
liabilities. damages. costs and expenses, including attorney's fees and costs to the extent same
are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant,
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its officers, agents, employees or sub-consultants (or any entity or individual that Consultant
shall bear tl1e legal liability thereof) in the perfonnance of professional services under this
Agreement.
(b) Indemnification tbr Other than Professional Liability. Other than in ilie
perfonnance of professional services and to the full extent pennitted by Jaw. Consultant shall
indemnify, protect, defend and hold hann less City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened. including attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
ot: or are in any way attributable to , in whole or in part, the perfonnance of this AJ:,7feement by
Consultant or by any individual or entity for which Consultant is legally liable, including but not
limited to officers. agents, employees or sub-contractors of Consultant.
(c) General Indemnification Provisions. Consultant agrees to obtain executed
indemnity Agreements with provisions identical to those set forth here in iliis section from each
and every sub-contractor or any other person or entity involved by, for, with or on behalf of
Consultant in the perfonnance of iliis Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the tenus of iliis section . Failure of City to monitor compliance wiili these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this A1:,7feement or
this section.
(d) Limitation of Indemnification . Notwithstanding any provision of this Section 16
[Indemnification] to the contrary, design professionals are required to defend and indemnify the
City only to the extent permitted by Civil Code Section 2782 .8, which limits the liability of a
desi1:,rn professional to claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the
negligence. recklessness, or willful misconduct of the design professional. The tem1 "design
professional,'' as defined in Section 2782.8. is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section do not apply to claims occurring as a result of
City"s sole negligence. The provisions of this section shall not release City from liability arising
from gross negligence or willful acts or omissions of City or any and all of its officials,
employees and agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set tbrth in Exhibit "C .. "Insurance" and made a part of this
Agreement. All insurance policies shall be subject to approval by City as to fonn and content.
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These requirements are subject to amendment or waiver if so approved in writing by the City
Manager. Consultant a!:,rrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this A!,rreement. In
recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion
of this Agreement or the performance of any of Consultant's duties or obligations under this
Agreement without the prior written consent of the City Council. Any attempted assignment
shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling City to any and all remedies at law or in equity, including summary termination of this
Agreement. City acknowledges, however, that Consultant, in the perfom1ance of its duties
pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant's staff and subcontractors. if any, assigned to perfonn the services required under this
Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors.
if any, assigned to perform the services required under this A!,rreement, prior to and during any
such perfonnance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may tenninate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Consultant. In the event such notice is given,
Consultant shall cease immediately all work in progress.
(b) Consultant may tem1inate this Agreement for cause at any time upon thirty (30)
days written notice of termination to City.
(c) If either Consultant or City fail to perfom1 any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be returned to City.
Consultant shall furnish to City a final invoice for work perfom1ed and expenses incurred by
Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the tenns of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work perfonned
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
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default. This timeframe is presumptively thirty (30) days. but may be extended , though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shal1 hold all invoices and shalL when the default is cured, proceed with payment on the
invoices. In the alternative, the City may. in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default. the
City may take necessary steps to tenninate this Agreement under Section 20. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Consultant sha1l not be liable for damages, including liquidated damages, if any, caused
by delay in perfom1ance or failure to perfonn due to causes beyond the control of Consultant.
Such causes include, but are not limited to , acts of God, acts of the public enemy, acts of federal,
state or local governments, acts of City, court orders, fires. floods, epidemics, strikes, embargoes,
and unusualJy severe weather. The tenn and price of this Agreement shall be equitably adjusted
for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public infonnation, data, reports, records, and maps as are existing and available to
City as public records, and which are necessary for carrying out the work as outlined in the
Exhibit "A" "Scope of Services.·· shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be perfonned under this Agreement.
SECTION 24. NOTICES .
All notices required or pennitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City:
To Consultant :
City of Temple City
Attn: City Manager
970 I Las Tunas Drive
Temple City, CA 91780
Fu&rro Consultants, Incorporated
Attn : Farid Motamed
700 Flower Street, Suite 2116
Los Angeles, CA 90017
Notice shall be deemed effective on tl1e date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States
Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
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The person or persons executing this Agreement on behalf of Consultant represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Consultant to the perfonnance of its obligations hereunder.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 27. MODIFICATION OF AGREEMENT.
On behalf of City, the City Manager shall have the power to administer and implement
this Agreement, including making minor amendments and modifications hereto. No minor
amendment to or modification of this Agreement shall be valid unless made in writing and
approved by the Consultant and by the City Manager. No major amendment to or modification
of this Agreement, which is defined for purposes of this section to mean any amendment or
modification which increases the amount of compensation due the Consultant pursuant to
Section 4 [Compensation and Method of Payment] shall be valid unless made in writing and
approved by the Consultant and the City Council. The parties agree that this requirement for
written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term , condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision
of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement. including the attached Exhibits "A'" through ··C", is the entire. complete.
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other Agreements or understandings, whether oral or written, or entered into
LA "1148 14·20:! 1-6581 \'I -10-
between Consultant and City ptior to the execution of this Agreement. No statements,
representations or other Agreements, whether oral or written, made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in writing duly executed by the parties or their authorized representatives.
SECTION 32. SEVERABILITY.
If any tem1, condition or covenant of this Agreement is declared or detennined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision{s).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year fi rst-above written.
CITY OF TEMPLE CITY
By: __________ _
City
Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
By: ____________ _
City Attorney
LA 114Xl4-2U21-65XI vl -11 -
By: ______________________ __ By: ______________________ __
Its: Its: ------------------------------------------
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
LA #4!il4-2021-65RI v i -12-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CAUFORNIA
COUNTY OF
On before me, . personally appeared . proved to me on
the basis of satisfactory evidence to be the person(s} whose names(s} is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted.
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of th e State of Calitomia that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:---------------
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the docwnent and could
prevent fraudulent reattachment of this fonu
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D
TITLE(S)
PARTNER(S) D
D
LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ______________________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY{IES))
LA 114814-:!ll:!l-651!1 vt
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On ___ _ before me. _______ , personally appeared ______ _
D personally known to me-OR-D proved to me on the basis o f satisfactory evidence to be the person(s) whose
names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/herltheir
signature(s) on the instrument the person(s}. or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by Jaw. it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE{S)
PARTNER(S) D
D
ATTORNEY-IN-FACT
TRUSTEE($)
LIMITED
GENERAL
D
D
D
D
D
GUARDIAN/CONSERVATOR
OTHER~---------------------
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
LA #48 14 -202 1-65!1 1 vl
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SJGNER(S) OTHER THAN NAMED ABOVE
68 7 6 Vl
EXHIBIT "A"
SCOPE OF SERVICES
Inspector shall provide to City inspection services in accordance with all project plans,
specifications, and applicable Builuing Codes and Regulations in connection with the
construction ofthe Rosemead Boulevard Safety Enhancements and Beautification Project.
Inspector shall act under the direction and supervision of the Project Manager and the
Resident Inspector of the Project/City and shall be responsible to the City's City Council.
Inspector shall discharge said duties in a manner satisfactory to the City, the Construction
Manager, and the Architect. The duties of Inspector shall include, but not be limited to the
following:
• Perfom1 periodic site visits and observation for quality control. The services will be
provided on an on call basis .
• Observe and test compaction during J:,'l'ading operations, including removal and re-
compaction offills and trench backfilling.
• Document removal and re-compaction test areas and depths .
• Perfonn concrete and asphalt material testing as required by the code and project
specifications.
• Perfonn special inspection services for electrical and plumbing trades and other trades as
become warranted .
• Detailed daily reports of material testing locations and results.
• Petfonn required laboratory tests on retained samples from on-site and/or imported
materials for fill placement.
• Perfonn on-site field testing for the purpose of quality control and verification of
compliance of the work with the project documents.
• Provide a final comprehensive report. The report, as a minimum shall include all the field
and laboratory tests results and has to be prepared in compliance with the standards
outlined in Caltrans Local Assistance Procedure manual and other relevant
documents/standards pertaining to Federally-funded projects.
• Distribute all the inspection and testing reports to the project distribution list on a weekly
basis.
VII. AMENDMENT
The Scope of Services, including services, work products, and personnel, are subject to
change by mutual A1:,rreement. In the absence of mutual Agreement regarding the need to change
any aspects of performance, Consultant shall comply with the Scope of Services as indicated
above.
LA #4~14-2021-()51!1 vi
A-I
EXHIBIT "B"
COMPENSATION
I. Consultant shall use the following rates of pay in the pertonnance of the Services: the rates of
pay shall be per the Fee Schedule included in Attachment ··D··. with the exception of the
following negotiated items:
TASK Final Negotiated Prices
In s pector I Soils Technician $80 .00
Inspector I Soils Technician (O.T.) $100.00
Special Inspector $80.00
Nuclear Gauge Daily $0.00
Proctor Test (ASTM D1557)-4 .. mold $200 .00
Proctor Test (ASTM 01557}-6 .. mold $240.00
Sand Equivalent (ASTM D241 9) $90.00
Sieve Analysis (ASTM D422) $105.00
R-Value (ASTM 02844 $250.00
Concrete Cylinder Compression Test $24.00
Drive time for Soils Technician $40.00
No Drive time for other Special Inspectors n/a
II. Consultant may utilize subcontractors as indicated in this A.!:,JTeement and with written
authorization from the City Manager or his designee.
III. The City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include:
A. Line items for al1 field special inspectors and personnel , describing the work
perfom1ed, the number ofhours worked, and the hourly rate.
B. Line items for all laboratory tests performed for the project.
C. Line items for all travel time for the soils inspectors only and , if applicable.
D. Line items for all equipment properly charged to the Services.
E. Line items tor all materials properly charged to the Services.
IV . The total compensation tor the Services shall not exceed $200,000, as provided in Section 4
of this Agreement.
L A 114S 14-2021-Cl:'iS I vI
B-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance,
acceptable to the City Manager or City Counsel, in full tbrce and effect throughout the term of
this Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the perfonnance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII. Consultant shall provide the following scope and limits of
tnsurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(I) Insurance Services Office fonn Commercial General Liability
coverage (Occurrence Fonn CG 0001 ).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, including code 1 .. any auto" and endorsement CA 0025, or
equivalent forms subject to the written approval of the City.
(3) Workers' Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all persons providing
services on behalf of the Consultant and all risks to such persons under this Agreement.
( 4) Professional liability insurance appropriate to the Consultant's
profession . This coverage may be written on a ''claims made" basis, and must include coverage
for contractual liability. The professional liability insurance required by this Agreement must be
endorsed to be applicable to claims based upon, arising out of or related to services perfonned
under this A&JTeement. The insurance must be maintained for at least 3 consecutive years
following the completion of Consultant's services or the termination of this Agreement. During
this additional 3-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
2 . Minimum Limits of Insurance. Consultant shall maintain limits of
insurance no less than:
( 1) General Liability: $1,000,000 general aggregate for bodily injury,
personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage. A combined single limit policy with aggregate limits in an an1ount of not
less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth
above.
LA #4lll4-:!0.21-<>581 vI
C-1
(3) Workers' Compensation and Employer's Liability: Workers·
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1,000,000 per accident.
( 4) Professional Liability: $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
tollowing provisions:
1. All Policies. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
party to this Agreement. reduced in coverage or in limits except after 30 days' prior written
notice by Certified mail , return receipt requested, has been given to City.
2. General Liability and Automobile Liability Coverages .
(I) City, and its respective elected and appointed officers, officials,
and employees and volunteers are to be covered as additional insureds as respects : liability
arising out of activities Consultant perfom1s; products and completed operations of Consultant;
premises owned, occupied or used by Consultant ; or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to City, and their respective elected and appointed officers, officials, or
employees.
(2} Consultant's insurance coverage shall be primary insurance with
respect to City, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self insurance maintained by City, and its respective elected and
appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute
with. Consultant's insurance.
(3) Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought except with respect to the limits of the insurer's
liability.
( 4) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to City, and its
respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation and Employer's Liability Coverage. Unless the
City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of
subrogation against City, and its respective elected and appointed officers, officials, employees
and agents for losses arising from work perfom1ed by Consultant.
C. Other Requirements. Consultant agrees to deposit with City, at or before the
effective date of this contract, certificates of insurance necessary to satisfy City that the
LA #4!114-2021-65RI vi
C-2
insurance provisions of this contract have been complied with. The City Attorney may require
that Consultant furnish City with copies of original endorsements effecting coverage required by
this Section. The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
I. Consultant shall furnish certificates and endorsements from each
subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects City or its respective elected or appointed
officers, officials, employees and volunteers or the Consultant shall p rocure a bond guaranteeing
payment oflosses and related investigations, claim administration, defense expenses and claims .
3. The procuring of such requir ed policy or policies of insurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements ofthis Agreement.
LA #41\ 14-2021-l15H I v l
C-3
CONSULT ANT SERVICES AGREEMENT
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
Ninyo & Moore
Attachment B
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
NINYO & MOORE
This Agreement for Consultant Services ("Agreement"") is entered into as of this 5th day
of February, 2013 by and between the City ofTemple City, a municipal corporation (''City .. ) and
Ninyo & Moore, a corporation ( .. Consultant"'). City and Consultant are sometimes hereinafter
individually referred to as .. Party". and hereinafter collectively referred to as the .. Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
perfonnance of the services defined and described particularly in Section 2 of this Agreement.
B. Consultant, following submission of a proposal or bid for the perfom1ance of the
services defined and described particularly in Section 2 of this A!,rreement, was selected by the
City to perfonn those services .
C. Pursuant to the City of Temple City's Municipal Code. City has authority to enter
into this Consultant Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to fonnalize the selection of Consultant for perfom1ance of
those services defined and described particularly in Section 2 of this Agreement and desire that
the tenns of that performance be as particularly defined and described herein .
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties a&rree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 ''Temination of Agreement'" of this Agreement.
the scope of services set forth in Exhibit ''A .... Scope of Services·· shall be completed pursuant to
the schedule specified in Exhibit "A:· Should the scope of services not be completed pursuant to
that schedule, the Consultant shall be deemed to be in Default of this Agreement pursuant to
Section 21 of this Agreement. The City, in its sole discretion, may choose not to enforce the
Default provisions of this Agreement and may instead allow Consultant to continue performing
the scope of services until such services are complete.
LA ll4RI4-2U2 1-65SI \'l -I -
SECTION 2. SCOPE OF SERVICES.
Consultant agrees to perform the services set forth in Exhibit .. A·· .. Scope of Services"
and made a part of this Agreement.
SECTION 3. ADDITIONAL SERVICES.
Consultant shall not be compensated for any services rendered in connection with its
perfonnance of this Agreement which are in addition to or outside of those set forth in this
Agreement or listed in Exhibit ··A·· '"Scope of Services." unless such additional services are
authorized in advance and in writing by the City Council or City Manager of City. Consultant
shall be compensated for any such additional services in the amounts and in the manner agreed to
by the City Council or City Manager.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Consultant the amounts specified in Exhibit "'8"' ··compensation·· and made a part of this
Abrreement. The total compensation, including reimbursement for actual expenses, shall not
exceed Two Hundred Thousand dollars ($200,000), unless additional compensation is approved
in writing by the City Council or City Manager.
(b) Each month Consultant shall furnish to City an original invoice for all work
perfonned and expenses incurred during the preceding month. The invoice shall detail charges
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-consultant contracts. If the compensation set forth in subsection (a) and Exhibit .. s•· include
payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump
sum), the labor category in each invoice shall include detailed descriptions of task performed
and the amount of time incurred for or allocated to that task. Sub-consultant charges shall be
detailed by the following categories : labor, travel, materials, equipment and supplies . City shall
independently review each invoice submitted by the Consultant to determine whether the work
perfonned and expenses incurred are in compliance with the provisions of this Agreement. In
the event that no charges or expenses are disputed, the invoice sha11 be approved and paid
according to the terms set forth in subsection (c). In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Consultant for correction and
resubmission .
(c) Except as to any charges for work perfonned or expenses incurred by Consultant
which are disputed by City, City will use its best efforts to cause Consultant to be paid within
torty-tive (45) days of receipt of Consultant's correct and undisputed invoice.
(d) Payment to Consultant for work perfonned pursuant to this Agreement shall not
be deemed to waive any defects in work perfonned by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant's work under this Agreement,
either during performance or when completed. City shall reject or finaJly accept Consultant's
work within sixty (60) days after submitted to City. City shall reject work by a timely written
LA #41! 14-2!121-651! I vI -2 -
explanation. otherwise Consultant's work shall be deemed to have been accepted. City's
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and
such bTToss mistakes as amount to fraud . Acceptance of any of Consultanfs work by City shall
not constitute a waiver of any of the provisions of this Agreement including, but not limited to,
sections 16 and 17, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any services pursuant to this Agreement shall become the
sole property of City and may be used, reused or otherwise disposed of by City without the
pennission of the Consultant. Upon completion, expiration or termination of this Agreement,
Consultant shall tum over to City all such original maps. models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement, Consultant's guarantees and warrants related
to Standard of Perfom1ance and found in Section 9 of this Agreement shall not extend to such
use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files or other documents .
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or
relating to Consultant's performance of services pursuant to this Agreement. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other
documents or records evidencing or relating to work, services, expenditures and disbursements
charged to City pursuant to this Agreement. Any and all such documents or records shall be
maintained in accordance with generally accepted accounting principles and shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
Consultant pursuant to this At:,TTeement. Any and all such documents or records shall be
maintained for three years from the date of execution of this Agreement and to the extent
required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
section shall be made available for inspection, audit and copying, at any time during regular
business hours, upon request by City or its designated representative. Copies of such documents
or records shall be provided directly to the City for inspection, audit and copying when it is
practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and
records shall be made available at Consultant's address indicated for receipt of notices in this
Agreement.
(c) Where City has reason to believe that any of the documents or records required to
be maintained pursuant to this section may be lost or discarded due to dissolution or tem1ination
of Consultant's business. City may. by written request require that custody of such documents or
LA1141\14-2021-65RI vl ~ 3 ~
records be given to the City and that such documents and records be maintained by the
requesting party. Access to such documents and records shall be granted to City, as well as to its
successors-in-interest and authorized representatives.
SECTION 8. STATUS OF CONSULTANT.
(a) Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of City. Consultant shall have no authority to bind City in any
manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City,
whether by contract or otherwise, unless such authority is expressly conferred under this
AGREEMENT or is otherwise expressly conferred in writing by City.
(b) The personnel perfom1ing the services under this At,rreement on behalf of
Consultant shall at all times be under Consultanfs exclusive direction and control. Neither City.
nor any elected or appointed boards, officers, officials, employees or agents of City, shall have
control over the conduct of Consultant or any of Consultant's officers, employees, or agents
except as set forth in this Agreement. Consultant shall not at any time or in any manner
represent that Consultant or any of Consultant's officers. employees. or agents are in any manner
officials, officers, employees or agents of City.
(c) Neither Consultant , nor any of Consultant's oflicers, employees or agents. shall
obtain any rights to retirement, health care or any other benefits which may otherwise accrue to
City's employees . Consultant expressly waives any claim Consultant may have to any such
rights.
SECTION 9. STANDARD OF PERFORMANCE.
Consultant represents and warrants that it has the qualifications, experience and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent and professional manner. Consultant shall at all times faithfully, competently and to
the best of its ability, experience and talent, perform all services described herein . In meeting its
obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of Consultant under this Agreement.
If and to the extent that City utilizes for any purpose not related to this Agreement any
maps , models, designs, drawings, photot,rraphs, studies, surveys, reports, data, notes, computer
files, files or other documents prepared, developed or discovered by Consultant in the course of
providing any services pursuant to this Agreement. Consultant's guarantees and warranties
related to Standard of Perfom1ance shall not extend to such use of the maps, models, designs,
drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other
documents.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Consultant shall keep itself informed of and comply with all applicable federal, state and
local laws, statutes, codes, ordinances, regulations and rules in effect during the tem1 of this
Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to
LA #41114-2021-6581 ~·I -4-
perform the services set forth in this Agreement. Neither City, nor any elected or appointed
boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a
result of any failure of Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Consultant that California prevailing wage laws apply
to this Ab,rreement because the Agreement involves one or more of the following services subject
to prevailing wage rates pursuant to the California Labor Code or regulations promulgated
thereunder: Construction, alteration, demolition, installation, or repair work perfonned on public
buildings, facilit ies, streets or sewers done under contract and paid for in whole or in part out of
public funds. In this context, 11 Construction 11 includes work perfonned during the design and
preconstruction phases of construction including, but not limited to, inspection and land
surveying work. The Consultant is aware of and ab,rrees to abide by the provisions of
California Labor Code Sections 1720, et seq., as well as 1771, 1773, 1773.1, 1773.6, 1773 .7,
1775 and 1776, pertaining to the obligation to pay prevailing wages with respect to the
performance of work. Copies of the prevailing rate of per diem wages and the general prevailing
rate for holiday and overtime work for each craft are available upo n request from the City. A
copy of the prevailing rate of per diem wages shall be posted at the job site. If such posting is
not possible, a copy shall be posted at the business of the Consultant.
SECTION 12. NONDISCRIMINATION.
Consultant shall not discriminate, in any way, against any person on the basis of race,
color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or
marital status in connection with or rel ated to the perfonnance ofthis Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Consultant hereby promises and a&rrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq ., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should the any liability or sanctions be imposed against City for such use of
unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
liabilities or sanctions imposed, together with any and all costs, including attorneys' fees.
incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultanfs performance of services under
this Agreement. Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer, employee, agent or
subcontractor without the express written consent of the City Manager. Consultant agrees to at
all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests
of City in the perfonnance of this Agreement.
LA #4814-2021-6581 v i -5-
(b) City understands and acknowledges that Consultant is , as of the date of execution
of this Agreement, independently involved in the perfonnance of non-related services for other
govemmental agencies and private parties. Consultant is unaware of any stated position of City
relative to such projects. Any future position of City on such projects shall not be considered a
conflict of interest for purposes of this section.
(c) City understands and acknowledges that Consultant will , pertoml non -related
services for other govemmental agencies and private parties following the completion of the
scope of work under this Agreement. Any such future service shall not be considered a conflict
of interest for purposes of this section .
SECTION 15 . CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All infom1ation gained or work product produced by Consultant in pertonnance
of this Agreement shall be considered confidential, unless such infonnation is in the public
domain or already known to Consultant. Consultant shall not release or disclose any such
infom1ation or work product to persons or entities other than City wi thout prior written
authorization from the City Manager, except as may be required by law .
(b) Consultant, its officers, employees, agents or subcontractors, sl1all not, w ithout
prior written authorization from the City Manager or unless requested by the City Attorney of
City, voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other infonnation concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary'· provided Consultant
gives City notice of such court order or subpoena.
(c) If Consultant. or any officer, employee, agent or subcontractor of Consultant,
provides any information or work product in violation of this Agreement, then City shall have
the right to reimbursement and indemnity from Consultant for any damages, costs and fees ,
including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant , its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Af:,rreement and the work
pertonned thereunder. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not im ply or
mean the right by City to control , direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care tor Consultanfs Services, to the fullest extent permitted by law.
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
otlicials. employees and agents (''lndemni tied Parties·') from and against any and all losses.
liabilities. damages . costs and expenses. including attorney's fees and costs to the exte nt same
are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant,
LA #4 8 14 -2021-658 1 vI -6-
its officers, agents, employees or sub-consultants (or any entity or individual that Consultant
shall bear the legal liability thereof) in the performance of professional services under this
Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the
perfonnance of professional services and to the full extent pennitted by law, Consultant shall
indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any
kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs,
interest, defense costs, and expert witness fees), where the same arise out of, are a consequence
of, or are in any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable, including but not
limited to officers, agents, employees or sub-contractors of Consultant.
(c) General Indemnification Provisions . Consultant agrees to obtain executed
indemnity Agreements with provisions identical to those set forth here in this section from each
and every sub-contractor or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the tern1s of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or
this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this Section 16
[Indemnification] to the contrary, design professionals are required to defend and indemnify the
City only to the extent permitted by Civil Code Section 2782.8, which limits the liabi1ity of a
design professional to claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the design professional. The term ''design
professional,'' as defined in Section 2782.8 . is limited to licensed architects, licensed landscape
architects, registered professional engineers, professional land surveyors, and the business
entities that offer such services in accordance with the applicable provisions of the California
Business and Professions Code.
(e) The provisions of this section do not apply to claims occurring as a result of
City's sole negligence. The provisions of this section shall not release City from liability arising
from gross negligence or willful acts or omissions of City or any and all of its officials,
employees and agents.
SECTION 17. INSURANCE.
Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit "C'" .. Insurance'' and made a part of this
Agreement. All insurance policies shall be subject to approval by City as to form and content.
LA #4S 14-2021-6581 v 1 -7 -
These requirements are subject to amendment or waiver if so approved in writing by the City
Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 18 . ASSIGNMENT.
The expertise and experience of Consultant are material considerations for this
Agreement. City has an interest in the qualifications of and capability of the persons and entities
who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In
recognition of that interest, Consultant shaH not assign or transfer this Agreement or any portion
of this Agreement or the perfonnance of any of Consultant's duties or obligations under this
Agreement without the prior written consent of the City Council. Any attempted assignment
shaH be ineffective, null and void, and shall constitute a material breach of this A,brreement
entitling City to any and all remedies at law or in equity, including summary termination of this
Agreement . City acknowledges, however, that Consultant, in the perfonnance of its duties
pursuant to this Agreement, may utilize subcontractors .
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of
Consultant's staff and subcontractors, if any, assigned to perform the services required under this
Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors .
if any, assigned to perform the services required under this Agreement, prior to and during any
such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving
thirty (30) days written notice of termination to Consultant. In the event such notice is given,
Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30)
days written notice of termination to City.
(c) If either Consultant or City fail to perfom1 any material obligation under this
Agreement, then, in addition to any other remedies, either Consultant, or City may tenninate this
Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property
belonging exclusively to City which is in Consultant's possession shall be retumed to City.
Consultant shall furnish to City a final invoice for work perfonned and expenses incurred by
Consultant, prepared as set forth in Section 4 of this A&rreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
SECTION 21. DEFAULT.
In the event that Consultant is in default under the tenus of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work perfom1ed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
LA #41114-2021-ll5111 vi - 8 -
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall , when the default is cured , proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
City may take necessary steps to tenuinate this A,b1feement under Section 20. Any failure on the
pm1 of the City to give notice of the Consultant's default shall not be deemed to result in a
waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Consultant shall not be liable for damages, including liquidated damages, if any, caused
by delay in perforn1ance or failure to perforn1 due to causes beyond the control of Consultant.
Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal,
state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes,
and unusually severe weather. The term and price of this Agreement shall be equitably adjusted
for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public inforn1ation, data, reports, records, and maps as are existing and available to
City as public records, and which are necessary for carrying out the work as outlined in the
Exhibit ··A·· ··scope of Services:· shall be furnished to Consultant in every reasonable way to
facilitate, without undue delay, the work to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and
shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return
receipt requested, addressed as follows:
To City:
To Consultant:
City of Temple City
Attn: City Manager
9701 Las Tunas Drive
Temple City, CA 91780
Ninyo & Moore
Attn: Jalal Vakili
475 Goddard, Suite 200
Irvine, CA 92618
Notice shall be deemed effective on the date persona11y delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody ofthe United States
Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
LA#4Sl4-.20.2l-65Sl vl - 9 -
The person or persons executing this Agreement on behalf of Consultant represents and
warrants that he/she/they has/have the authority to so execute this Agreement and to bind
Consultant to the perfonnance of its obligations hereunder.
SECTION 26. BINDING EFFECT.
This Af,rreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
SECTION 27. MODIFICATION OF AGREEMENT .
On behalf of City, the City Manager shall have the power to administer and implement
this Agreement, including making minor amendments and modifications hereto. No minor
amendment to or modification of this Agreement shall be valid unless made in writing and
approved by the Consultant and by the City Manager. No major amendment to or modification
of this Af,rreement, which is defined for purposes of this section to mean any amendment or
modification which increases the amount of compensation due the Consultant pursuant to
Section 4 [Compensation and Method of Payment] shall be valid unless made in writing and
approved by the Consultant and the City Council. The parties agree that this requirement for
written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other tenn, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision nor a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not consti tute a
waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted , construed and governed according to the laws of the
State of California. In the event of litigation between the parties, venue in state trial courts shall
lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpr et any provision
of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to
an award of reasonable attomey's tees, costs and expenses, in addition to any other relief to
which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement. including the attached Exhibits .. A. through "C", is the entire, complete.
final and exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other Agreements or understandings, whether oral or written, or entered into
LA#4!il4-2ll2l-65!il vi - I 0-
between Consultant and City prior to the execution of this Agreement. No statements,
representations or other Agreements, whether oral or written, made by any party which are not
embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and
binding unless in wr iting duly executed by the parties or their authorized representatives.
SECTION 32. SEVERABILITY.
If any tem1, condition or covenant of this Agreement is declared or detem1ined by any
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall not be affected thereby and the Agreement shall be read and construed
without the invalid, void or unenforceable provision(s).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY OF TEMPLE CITY
By: __________ _
City
Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
By: ____________ _
City Attorney
LA #4~ I ~-2021..(,51! 1 v I -1 1 -
By: ______________________ __ By: ______________________ __
Its: Its: ------------------------------------------
NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
LA #4814-2021-6581 v 1 -12-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALJFORNIA
COUNTY OF
On before me, . personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted.
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature: _______________ _
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this fom1
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D
TITLE(S)
PARTNER(S) D
D
LIMITED
GENERAL
ATTORNEY -IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ______________________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
LA #4814-20::!1 -651!1 \'I
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On ___ _ before me. ______ , personally appeared _____ _
D personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose
names(s) is/are subscribed to the v.ithin instrument and
acknowledged to me that he /she/they executed the same in
his /her/their authorized capacity(ies), and that by his/her/their
signature(s} on the instrument the person(s}. or the entity upon
behalf of which the person(s) acted. executed the instrument.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not requi red by law, it may prove va:Juable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
0 CORPORATE OFFICER
D
D
D
D
D
TITLE(S}
PARTNER(S) D
D
LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ______________________ _
SIGNER IS REPRESENTING:
(NAME OF PERSON(S} OR ENTITY(IES))
L A 114 Hl 4-2021 ·65MI v!
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SlGNER(S) OTHER THAN NAMED ABOVE
6876 Vl
EXHIBIT "A"
SCOPE OF SERVICES
Inspector shall provide to City inspection services in accordance with all project plans,
specifications, and applicable Building Codes and Regulations in connection with the
construction ofthe Rosemead Boulevard Safety Enhancements and Beautification Project.
Inspector shall act under the direction and supervision of the Project Manager and the
Resident Inspector of the Project/City and shall be responsible to the City's City Council.
Inspector shaH discharge said duties in a manner satisfactory to the City, the Construction
Manager, and the Architect. The duties of Inspector shall include, but not be limited to the
following:
• Perfonn periodic site visit for quality assurance purpose in compliance with the project
documents and guidelines outlined in Caltrans Local Assistance Procedure Manual.
• Perfom1 periodic field and laboratory testing to assure the quality of tests perfonned by
the project QC materials testing and special inspection laboratory, hired by the City, are
in compliance with the applicable specifications and standards.
• Document and report the field and laboratory test results on a bi -weekly basis or as
detennined by the project manager and /or Project Resident Inspector.
• Provide a final comprehensive report. The report, as a minimum shall include all the field
and laboratory tests results per fonned for the quality assurance purpose and has to be
prepared in compliance with the standards outlined in Caltrans Local Assistance
Procedure manual and other relevant documents/standards pertaining to Federally-funded
projects.
• Distribute all the QA testing reports to the project distribution list on a weekly basis or as
detennined by the project manager and/or Project Resident Inspector.
VII . AMENDMENT
The Scope of Services, including services, work products, and personnel, are subject to
change by mutual Agreement. In the absence of mutual Agreement regarding the need to change
any aspects of perfom1ance, Consultant shall comply with the Scope of Services as indicated
a bove.
LA 1141114-2021-65111 vI
A-1
EXHIBIT .. B"
COMPENSATION
I. Consultant shall use the following rates of pay in the perfonnance of the Services: the rates of
pay shall be per the Fee Schedule included in Attachment ''E"'. with the exception of the
fo1lowing negotiated items:
TASK Final Negotiated Prices
Inspector I Soils Technician $80.00
Inspector I Soils Technician (O.T .) $100.00
Special Inspector $80.00
Nuclear Gauge Daily $0.00
Proctor Test (ASTM D 1557)-4" mold $200.00
Proctor Test (ASTM D1557)-6" mold $240.00
Sand Equivalent (ASTM D2419) $90.00
Sieve Analysis (ASTM 0422) $105.00
R-Value (ASTM D2844 $250.00
Concrete Cylinder Compression Test $24.00
Drive time for Soils Technician $40.00
No Drive time for other Special Inspectors n/a
II. Consultant may utilize subcontractors as indicated in this Agreement and with written
authorization from the City Manager or his designee.
Ill. The City will compensate Consultant for the Services performed upon submission of a valid
invoice. Each invoice is to include:
A. Line items for all field quality assurance tests and personnel, describing the work
performed, the number of hours worked , and the hourly rate.
B. Line items for all laboratory quality assurance tests performed for the project.
C. Line items for all travel time for the filed personnel, if applicable.
D. Line items for all equipment properly charged to the Services.
E. Line items for all materials properly charged to the Services .
IV. The total compensation for the Services shall not exceed $50,000 as provided in Section 4 of
this Agreement.
LA #4814-2021·6!18 I vI
B-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Consultant shall provide and maintain insurance,
acceptable to the City Manager or City Counsel. in full force and effect throughout the tenn of
this Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:Vll. Consultant shall provide the following scope and limits of
insurance:
I . Minimum Scope of Insurance. Coverage shall be at least as broa d as:
( 1) Insurance Services Office form Commercial General Liability
coverage (Occurrence Fonn CG 000 I).
(2) Insurance Services Office fonn number CA 0001 (Ed. 1/87)
covering Automobile Liability, including code I "any auto .. and endorsement CA 0025. or
equ ivalent forms subject to the written approval of the City.
(3) Workers· Compensation insurance as required by the Labor Code
of State of California and Employer's Liability insurance and covering all persons providing
services on behalf of the Consultant and all risks to such persons under this Agreement.
(4) Professional liability insurance appropriate to the Consultanfs
profession. This coverage may be written on a "claims made'' basis. and must include coverage
for contractual liability. The professional liability insurance required by this Agreement must be
endorsed to be applicable to claims based upon , arising out of or related to services perfonned
under this Agreement. The insurance must be maintained for at least 3 consecutive years
toll owing the completion of Consultant" s services or the termination of this Agreement. During
this additional 3-year period, Consultant shall annually and upon request of the City submit
written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Consultant shall maintain limits of
insurance no less than:
( 1) General Liability: $1 ,000,000 general aggregate for bodily injury,
personal injury and property damage.
(2) Automobile Liability: $1 ,000,000 per accident for bodily injury
and property damage. A combined single limit policy with aggregate limits in an amount of not
less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth
above.
LA #4X 14-2021·65!! I vi
C-1
(3) Workers' Compensation and Employer's Liability: Workers·
Compensation as required by the Labor Code of the State of California and Employers Liability
limits of not less than $1,000,000 per accident.
( 4) Professional Liability: $1 ,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the
following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be
endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either
party to this Agreement. reduced in coverage or in limits except after 30 days' prior written
notice by Certified mail, return receipt requested, has been given to City.
2. General Liability and Automobile Liability Coverages.
( 1) City, and its respective elected and appointed officers, officials,
and employees and volunteers are to be covered as additional insureds as respects: liability
arising out of activities Consultant performs; products and completed operations of Consultant;
premises owned, occupied or used by Consultant ; or automobiles owned , leased, hired or
borrowed by Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to City, and their respective elected and appointed officers, officials, or
employees.
(2) Consultant's insurance coverage shall be primary insurance with
respect to City, and its respective elected and appointed, its officers, officials, employees and
volunteers. Any insurance or self insurance maintained by City, and its respective elected and
appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute
with. Consultant's insurance .
(3) Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(4) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to City, and its
respective elected and appointed officers, officials, employees or volunteers.
3. Workers· Compensation and Employer's Liability Coverage. Unless the
City Manager otherwise agrees in writing, the insurer shall a!,JTee to waive all rights of
subrogation against City, and its respective elected and appointed officers, officials, employees
and agents for losses arising from work performed by Consultant.
C. Other Requirements. Consultant agrees to deposit with City, at or before the
effective date of this contract, certificates of insurance necessary to satisfy City that the
LA #48 14 -2021-6581 vI
C-2
insurance provisions of this contract have been complied with. The City Attorney may require
that Consultant furnish City with copies of original endorsements effecting coverage required by
this Section . The certificates and endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.
I . Consultant shall furnish certificates and endorsements from each
subcontractor identical to those Consultant provides.
2. Any deductibles or self-insured retentions must be declared to and
approved by City. At the option of City, either the insurer shall reduce or eliminate such
deductibles or seH:.insured retentions as respects City or its respective elected or appointed
officers, officials , employees and volunteers or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of i nsurance shall not be
construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions
and requirements of this Agreement.
LA 114814-::!021-65!!1 vi
C-3
Advertising Order Confirmatio..!:!_]
Ad Order Number
0010289286
Customer
CITY OF TEMPLE CITY
San Gabriel Valley Newspaper Group
Valley Tribune•Star-News•Daily News•High/ander
12/24/12 10 :08 :27AM
Page 2 of 2
Prod!Jct Requesle<f Placement Requa sled PoSition ~R~u~n~D~a~te~s~-----------------------------------------#msens
SGV NewspapersPasadena Legals CLS
'---
$328.16
Order Charges: Net Amount
MiscellaneousNollces-1 076-12127/12
T!J x Amount
$0.00
Total Amount
$328.16
Paymen t Method Payment Amount
$0.00
If til1s confirmabon l ncludes an advertising proof. please check your proof carefully for errors. spelling, and/or typos. Errors not marked on the returned proof are not subject to credit or refunds.
Please note: To meet our printer's deadline. we must have your proof returned by the published deadhne, and as ind1cated by your sales rep. II we have not heard from you by that tima, we Will
assume that your ad is correct. and 11 Will run as 1s.
Please note· II you pay by ba nk card, your card statement w.jJ show the merchant as "LA NEWSPAPER GROUP".
Amount Due
$328.16
Advertising Order Confirmation
Ad Order Number
0010289283
Customer
CITY OF TEMPLE CITY
San Gabriel Valley Newspaper Group
Valley Tribune•Star-News•Dai/y News•Highlander
12/24/12 10 :06 :32AM
Page 2 of 2
1 Prpducl ,_,R.,.eq,.,u..,esi.,.e.,.d""P"'1a..,c.,.e ..... m.,.e ..... nt.___ Requested PosliiQn ~R~u~n~D~a~re~s ____________________________________________________ ~
SGV NewspapersSan Gabnel Trib LegalsCLS
Order Charges: Net Amount
$328.16
MiseeHaneousNoUces-1 076-12127/12
Ta>:Amount
$0,00
Total Amount
$328.16
Payment Method Payment Amount
$0.00
II th1s confirmation 10cludea an advertiSing proof. please check your proof carefully for errors. spelling. and/or typos. Errors nol marked on the returned proof are not subJect to cred1t or refunds.
Please note. To meet our printer's deadline. we must have your proof returned by lhe publiShed deadline. and as 1nd1cated by your sales rep. If wu have not heard from you by that time, we will
assume that your ad is correct and it Will run as is.
Please note: If you pay by bank card . your card statement will show lhe merchant as "LA NEWSPAPER GROUP"
Amount Due
$328.16
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F E E S C H E D U L E
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A l l w o r k w i l l b e p e r f o r m e d i n a c c o r d a n c e w i t h t h e r a t e s s h o w n . T h e f o l l o w i n g a r e a s s u m p t i o n s
m a d e f o r f e e s l i s t e d i n t h e f o l l o w i n g t a b l e :
" T r a v e l t i m e f o r s o i l s a n d c o n c r e t e i n s p e c t o r s w i l l b e b a s e d o n t r a v e l f r o m F u g r o ' s L o s
A n g e l e s O f f i c e a t h o u r l y r a t e s n o t e d i n t h e f e e s c h e d u l e - e s t i m a t e d t o b e 2 h o u r s
r o u n d t r i p . .
" S h o w - u p t i m e i s i n a d d i t i o n t o t r a v e l t i m e a n d w i l l b e c h a r g e d a t h o u r l y r a t e s n o t e d i n
t h e f e e s c h e d u l e - 2 H o u r s .
" M i l e a g e w i l l b e c h a r g e d f r o m F u g r o ' s D o w n t o w n L A o f f i c e a t r a t e s a p p r o v e d b y t h e
I R S . F o r 2 0 1 3 , t h e a p p r o v e d r a t e i s $ 0 . 5 6 p e r m i l e .
" 2 4 - h o u r s n o t i f i c a t i o n o f t h i s o f f i c e i s r e q u i r e d f o r f i e l d s e r v i c e s .
" T o t a l a c t u a l c h a r g e s w i l l d e p e n d o n t h e C o n t r a c t o r ' s s c h e d u l e .
inspectors. We have demonstrated that
by combining on-site field and laboratory
testing facilities with a construction
management office and a qualified
geotechnical professional, reliability of
inspection can be greatly improved while
reducing cost.
LABORATORY TESTING SERVICES
Fugro maintains laboratories within all of
our geographic service areas -in southern
California they include Los Angeles
County, Ventura County and San Luis
Obispo Counties. From these facilities,
Fugro provides full service capabilities for
the construction of projects involving
earthwork, paving, pipelines, reinforced
concrete, masonry, and welding.
Each laboratory maintains basic testing
equipment for most routine laboratory
tests on soil, aggregate, and concrete
samples. These generally include
classification, moisture, and compaction
tests for earthwork materials under both
ASTM and Caltrans test methods. Our
local laboratories also provide sieve
analysis, sand equivalent, other routine
aggregate tests, and compressive and
flexural strength testing of concrete.
Concrete testing includes shrinkage, unit
weight, and reinforcing steel (tensile and
bend) tests. In addition, Fugro maintains
asphalt concrete testing facilities that can
provide Stabilometer, unit weight,
extraction, and Marshall testing under
ASTM, MSHTO, and Caltrans
specifications.
Fugro also participates in the CCRL, and
MSHTO laboratory inspection
programsfor ASTM compliance.
Finn Qualific ations
OFFICE I LABORATORY LOCATIONS
Fugro's services will be managed and
implemented from our Los Angeles and
Valencia offices. Our laboratory facilities
are located in the cities of Valencia and
Ventura.
PROJECT EXPERIENCE AND
REFERENCES
The Fugro team's experience extends
throughout southern California and
includes geotechnical and construction
materials testing and inspection support
for all types of infrastructure. Our
objectives are to provide timely, accurate
reports to enable the City of Temple City
to manage its streetscape rehabilitation
and construction. The projects below
detail the team's experience with
materials testing and inspection services
for various projects. These projects
demonstrate our record of successfully
delivering projects with similar project
requirements, and they attest to our
team's technical competence and
effective project management.
Fugro has extensive experience providing
CoMET services for roads and bridges,
including a large number of projects for
Caltrans and other local agencies. A few
are described in the next few paragraphs.
As-Needed Materials Testing and Plant
Inspection Services , Caltrans District 7
Contract Nos. 07 A2114 and 07 A2485
Ventura and Los Angeles Counties)
California
Reference: Caltrans District 7
Manny Shekarchian
(31 0) 261-8972
Fugro has been a key subconsultant on
two As-Needed Contracts for Materials
Testing and Plant Inspection Services for
Caltrans District 7. Successful
performance on the testing and inspection
services is indicated by Fugro's selection
for follow~on contracts . Under these
contracts, Fugro has provided
Construction Materials Testing and
Inspection services for more than 43
projects , including, but not limited to,
projects on the following roadways: SR 1
(Pacific Coast Highway), SR 23, SR 33,
SR 34, SR 118, SR 138, SR 150, SR 710,
SR 405, 1-5, and US 101 .
The Fugro team is familiar with Caltrans
processes, procedures, highway
construction materials, and workplace
safety requirements.
College Heights Boulevard Pavement
Rehabilitation Project, Phase I and II ,
Ridgecrest, California
Reference: Penfield & Smith
Chris Gabriel
(805) 963-9532
Fugro provided construction materials
testing for the City of Ridgecrest College
Heights Boulevard Phase I Project. This
project consisted of the reconstruction of
an existing asphalt concrete roadway,
including grading, compaction, aggregate
base, hot mix asphalt concrete and
striping signage. Minor concrete
replacement of ADA curb ramps was also
included in the scope of work .
Fugro performed in-place density testing
of Basement Soil Subgrade, Class II Base
Materials and Asphalt Concrete (AC)
materials and sampled construction
materials in general confonnance to the
applicable sections of the City of
Ridgecrest Quality Assurance Program
(QAP). Fugro also performed batch plant
inspection , observation and testing
services on AC materials during batch
plant production.
Firm Quatificat<ons
American Reinvestment and Recovery
Act (ARRA) compliance reports were
presented upon completion of the project.
Olive I Poli Streets and Foothill Road
Resurfacing Project, Ventura ,
California
Reference: City of Ventura
Mr. Brad Starr
(805) 654-7800
Fugro provided construction materials
testing for the Olive I Poli Streets and
Foothill Road Resurfacing Project. Fugro
performed in-place density testing of
roadway dig outs prior to Asphalt
Concrete (AC) placement; batch plant
observation and testing services on AC
materials during batch plant production ;
and in-place density testing of AC
materials during laydown operations.
American Reinvestment and Recovery
Act (ARRA) compliance reports were
presented upon completion of the project.
Foothill/ Kimball Improvements
Project, Ventura , California
Reference: City of Ventura
Mr. Brad Starr
(805) 654-7800
Fugro provided construction materials
testing for the Foothill I Kimball
Improvements Project for the City of
Ventura. Fugro performed in-place
density testing of subgrade materials for
roadway widening, curb and gutter, and
asphalt concrete (AC) finish grade.
American Reinvestment and Recovery
Act (ARRA) compliance reports were
presented upon completion of the project.
City of Ridgecrest South Norma Street
Improvements, Church Street to
Upjohn Avenue, American
Reinvestment and Recovery Act
(ARRA) Pavement Rehabilitation
Project
Reference: Helt Engineering,
Jeremy Bowman
(661) 323-6045
Fugro provided Quality Assurance (QA)
services for the City of Ridgecrest South
Norma Street Improvements, Church
Street to Upjohn Avenue Pavement
Rehabilitation Project. These services
included a conventional AC base
course/final cap materials testing, field
density testing, batch plant inspection and
project oversight per the applicable
sections of the City of Ridgecrest's QAP.
City of Malibu Road Overlay Project,
Malibu
Reference: City of Malibu
Ms. Elizabeth Shavelson
(31 0) 456-2489
Fugro provided construction materials
testing for the City of Malibu Road
Overlay Project. Fugro performed in-
place density testing of roadway dig outs
prior to AC placement; batch plant
observation and testing services on AC
materials during batch plant production;
and in-place density testing of AC
materials during laydown operations.
ARRA compliance reports were presented
upon completion of the project.
Firm Qualifications
City of Santa Barbara American
Reinvestment and Recovery Act
(ARRA) Road Maintenance Project
Reference: City of Santa Barbara
Mr. Thomas Conti
tconti@santabarbaraca.gov
(805) 564-5363
Fugro provided construction materials
testing on approximately 9,000 tons of
emulsified slurry seal materials used
during construction. Fugro also provided
field and laboratory testing of slurry seal
specimens and materials. ARRA
compliance reports were presented upon
the completion of the project.
City of Santa Paula Peck Road Arterial
Overlay Project, Santa Paula
Reference: MNS Engineers
Mr. Greg Chelini
(805) 692-6921
Fugro provided in-place density testing of
roadway construction materials,
conventional AC base course/final cap
materials, a.nd sample materials . Fugro
also provided a batch plant inspector
during asphalt production to observe plant
operation , check load temperature, and
sample batch plant aggregates. ARRA
compliance reports were presented upon
the completion of the project.
City of Carpinteria American
Reinvestment and Recovery Act
(ARRA) Pavement Rehabilitation
Projec t
Reference: MNS Engineers
Mr. Bill Callahan
(805) 692-6921
Fugro provided a conventional AC
leveling course and Asphalt Rubber Hot
Mix (ARHM) materials testing, field
density testing and batch plant inspection
services for the City of Carpinteria
Pavement Rehabilitation Project. This
project consisted of an estimated 5,000
tons of AC testing. ARRA compliance
reports were · presented upon the
completion of the project.
City of Santa Clarita Safe Routes to
Schools Infrastructure Project, Santa
Clarita, California
Reference: City of Santa Clarita
Ms. Amalia Marreh
(661) 255-4363
This project included widening sidewalks,
restriping crosswalks, replacing existing
school signs with oversized fluorescent
yellow-green signs, and constructing bulb-
outs at selected school crossings. Bulb-
outs are traffic-calming measures that
narrow the street by widening the
sidewalk, thereby reducing traffic speeds
and shortening the crossing distance.
For this project, Fugro provided
construction materials testing and
inspection services . This included in-
place density testing of subgrade,
aggregate base, and asphalt concrete
materials; field sampling and testing of
ready-mix concrete and casting and
Firm Qualifications
testing of concrete compression test
cylinders and other tests on import and
native materials. We performed
laboratory testing on subgrade materials,
aggregate base, import materials, and
asphaltic concrete for maximum density,
sand equivalent, and sieve analysis, in
addition to compressive strength testing
on concrete cylinders. ARRA compliance
reports were presented upon the
completion of the project.
PROJECT TEAM
Our CoMET services are typically led by
Mr. Farid Motamed, PE, GE, and Mr. Ed
Sullivan.
Farid Motamed, PE, GE
Years of Experience: 23
Education:
MS, Civil Engineering
MBA, Management
BS, Geological Engineering
Mr. Farid Motamed offers 23 years of civil
and geotechnical engineering experience
in roadways, highways, and bridges. He
has managed three Caltrans on-call
geotechnical contracts since 2000 and is
currently managing Fugro's Pavement
Engineering and Materials Testing
Contract with Caltrans. Some of the
projects he has been involved with include
the design and construction phases of the
Orange Line busway in the San Fernando
Valley (for MTA); Intersection of SR60 &
SR71 in Pomona; Construction of Bake
Parkway over 1-5 and the SR 22 widening
project in Orange County.
Mr. Motamed has an excellent track
record of delivering projects on-time and
-----·----
on-schedule. He understands the
importance of maintaining staff continuity
on projects and has the ability to match
the right personnel with the right projects .
He enhances cost-effectiveness by
providing staffing resources best suited to
complete the work. When managing
projects, he closely works with clients to
thoroughly understand project goals and
he takes into consideration the scope of
work and schedule requirements.
Ed Sullivan
Years of Experience: 24
Education :
Geology, California State University,
Humboldt, California
A.A. Geology, College of the Redwoods,
1981
Mr. Ed Sullivan, Fugro's Construction
Services Manager, has more than 24
years of experience in geotechnical and
materials inspection and testing. He
oversees the Fugro technicians and
laboratory testing services. He has
provided and has been responsible for
geotechnical inspection of large grading
operations, soldier pile walls, over-land
and nearshore pipeline construction,
horizontal and subdrain installations,
drilled pier foundations, reinforced earth
walls, roadway and bridge construction,
firewater/process piping construction,
hydrotesting, and blast monitoring and
observation.
Firm Qualifications
Mr. Sullivan has performed extensive
geotechnical and materials inspection and
testing for roadways, including lewis
Road widening in Camarillo, Honda Ridge
Road in Lompoc, SR 154 in Santa
Barbara County, Los Angeles Avenue in
Moorpark. He has also served as
Construction Services Manager managing
teams of inspectors for City of Camarillo,
Caltrans, and Glendale.
They are supported by laboratory
technicians and field personnel who
average 6 years of experience with Fugro
and 1 0 years of testing experience in the
industry. They will be supported by the
following staff, who will implement and
support your project:
• 33 Construction Inspectors/ Soils/Lab
Technicians
• 69 Civil Engineers including:
• 31 Registered Civil Engineers
• 20 Registered Geotechnical
Engineers
• 1 Registered Environmental
Engineer
• 28 Geologists including:
• 1 Registered Geophysicists
• 15 Registered Geologists
• 9 Certified Engineering
Geologists
• 4 Certified Hydrogeologists
• 1 Registered Environmental Assessor
• 6 GIS Specialists
Zachary Bryant, Field Technician, has 7
years of experience as a lab/field
technician in the construction field of
materials testing responsible for
compaction testing, concrete testing,
reinforced concrete inspection and
laboratory testing . Mr. Bryant is certified
to perform Caltrans materials and batch
plant field and laboratory tests and has
completed 40 Caltrans projects. He
regularly perfonns Nuclear Field Density
Testing, concrete field testing, concrete
compressive and flexural strength testing .
He also performs the following lab tests:
Moisture content, specific gravity,
atterberg limits, sieve analysis, sand
equivalent, max dry density/optimum
moisture content tests, expansion index,
and hydrometer. Mr. Bryant has
performed advanced soil tests consisting
of consolidation and hydro collapse, direct
shear, unconfined compression,
unconsolidated undrained triaxial and
permeability tests. He currently
participates in the AMRL, AASHTO and
CCRL proficiency testing program .
Adam Sinutko, Field Technician, is an
experienced soils and materials lab/field
technician responsible for compaction
testing, concrete testing, reinforced
concrete inspection and laboratory
testing . Mr. Sinutko is certified to perfonn
Caltrans materials and batch plant field
and laboratory tests and has completed
50 Caltrans projects. He regularly
performs Nuclear Field Density Testing,
concrete field testing, concrete
compressive and flexural strength testing.
He also performs the following lab tests:
Moisture content, specific gravity,
atterberg limits, sieve analysis, sand
equivalent, max dry density/optimum
moisture content tests, expansion index,
and hydrometer. Mr. Sinutko has
performed advanced soil tests consisting
of consolidation and hydro collapse, direct
shear, unconfined compression,
unconsolidated undrained triaxial and
Finn Qualifications
permeability tests. He currently
participates in the AMRL, AASHTO and
CCRL proficiency testing program.
Bill Goodwin, Senior Field Technician,
has over 10 years of experience in
construction materials, laboratory, and
field testing. Mr. Goodwin is certified to
perform Caltrans materials and batch
plant field and laboratory tests in the
areas of concrete , soils, and paving. His
recent project experience includes the
Castaic Lake Water Agency Rio Vista
Plant Expansion, Harris Reservoir
Replacement, Earl Schmidt Filtration
Plant and Intake Pump Station , Sand
Canyon Reservoir and Pipeline , and
Pitchess Pipeline for the Castaic Lake
Water Agency.
Dustin Snider, Field Technician , is an
experienced Caltrans Materials Tester,
Radioactive Materials Operator (Nuclear
Gauge),
ACI Concrete Field Tester, and ICC
Structural Masonry Inspector. He has
worked on several Caltrans materials
testing and batch plant inspection
projects, in addition to the Haley-De Ia
Vina Bridge project in Santa Barbara. His
experience includes materials testing for
the City of Glendale Slurry Seal Project,
the City of Ventura 2010 Slurry Seal
Project, Interstate 5/Magic Mountain
Parkway Phase 2 (SR 126); Calleguas
Municipal Water District Administration
Building Construction, Thousand Oaks;
US 101/Wendy Dr. Soundwall, Thousand
Oaks; Lawrence Drive Storm Drain
Improvement, Thousand Oaks; and
Moorpark Pump Station , Moorpark .
Jeff Polis, Field Technician, is a Caltrans-
certified materials tester. His 6 years of
experience consists of soil compaction
utilizing nuclear and sand cone test
methods, asphalt sampling and density
testing, and mass-grading fill control
observation and testing, as well as
extensive utility line trench testing . Mr.
Polis carries ACI field concrete
certification and maintains positive
communications with clients, inspectors,
contractors and supervisors. Mr. Polis is
providing soil compaction, concrete
sampling and testing, and construction
observation services for numerous local
projects including Saint Vincent's
Housing, Villa Caridad Senior Housing,
Cottage Hospital and, recently, UCSB
projects such as East Entrance Road
Improvements, Parking Structure Ill, and
Student Resources Building.
METHODOLOGY
Fugro's approach to providing
Construction Materials Testing Services is
based upon providing Caltrans-certified
testing personnel on a timely basis to
support project goals and provide the
client with solid value-based.
Fugro will prepare a proposal/work plan
tailored to project-specific requirements.
The work plan will describe basic
requirements, formats, and procedures for
City coordination.
The following describes key components
of the proposal/work plan:
• Commence the project with a kickoff
meeting to develop and communicate a
clear understanding of objectives and
level of commitment.
• Establish lines of authority and identify
key individuals and their
responsibilities.
• Establish a Quality Assurance/Quality
Control program commensurate with
the project size, scope and duration to
maintain work quality and accuracy.
The program will set procedures for
implementation of project requirements
and deliverables along with agency
review requirements.
• Establish procedures for maintaining
and documenting communications;
Finn Qualifications
which are a very important factor in the
success of any project.
• Provide daily field operations
management, as typical on all of our
field exploration projects and
construction materials testing and
inspection projects . Staff will receive
safety and security training related to
field operations. A site safety program
will be implemented that meets
regulatory agency requirements and
Fugro's company requirements.
• Our Management Information System
(MIS) will be used to provide project
managers with weekly status reports
detailing project costs, hours spent,
and task management.
We will provide Construction Materials
Testing Services for soil, concrete and
asphalt concrete including Batch Plant
and Field Testing Services in accordance
with Caltrans' Local Assistance
Procedures Manual (LAPM) Exhibit 16-R.
We will
also assist the Resident Engineer with
coordination of offsite Materials Testing
with the
Caltrans Materials Engineering and
Testing Services (METS) if required.
Our Laboratories are currently certified for
the Following Caltrans Test Methods:
• CT-105: Calculations Pertaining to
Gradings and Specific Gravities ·
• CT-125: Methods for Sampling
Highway Materials and Products Used
in Roadway Structural Sections
• CT -201: Method of Soil and Aggregate
Sample Preparation
• CT-202: Method of Tests for Sieve
Analysis of Fine and Course
Aggregates
" C T - 2 0 4 : M e t h o d o f T e s t s f o r P l a s t i c i t y
I n d e x o f S o i l s
" C T - 2 0 5 : M e t h o d f o r D e t e r m i n i n g
P e r c e n t a g e o f C r u s h e d P a r t i c l e s
" C T - 2 1 6 : M e t h o d o f T e s t f o r R e l a t i v e
C o m p a c t i o n o f U n t r e a t e d a n d T r e a t e d
S o i l s a n d A g g r e g a t e s
" C T - 2 1 7 : M e t h o d T e s t f o r S a n d
E q u i v a l e n t
" C T - 2 2 6 : M e t h o d f o r D e t e r m i n i n g
M o i s t u r e C o n t e n t b y O v e n D r y i n g
" C T - 2 2 7 : M e t h o d o f T e s t f o r E v a l u a t i n g
C l e a n n e s s o f C o u r s e A g g r e g a t e s
" C T - 2 3 1 : M e t h o d o f T e s t f o r R e l a t i v e
C o m p a c t i o n o f U n t r e a t e d a n d T r e a t e d
S o i l s a n d A g g r e g a t e s b y t h e A r e a
C o n c e p t U t i l i z i n g N u c l e a r G a u g e s
" C T - 3 7 5 : D e t e r m i n i n g t h e I n - P l a c e
D e n s i t y a n d R e l a t i v e C o m p a c t i o n o f
A s p h a l t C o n c r e t e P a v e m e n t
" C T - 5 0 4 : M e t h o d o f T e s t f o r
D e t e r m i n i n g A i r C o n t e n t o f F r e s h l y
M i x e d C o n c r e t e b y t h e P r e s s u r e
M e t h o d
" C T - 5 1 8 : M e t h o d o f T e s t D e n s i t y o f
F r e s h C o n c r e t e
" C T - 5 2 1 : M e t h o d o f T e s t f o r
C o m p r e s s i v e S t r e n g t h f o r M o l d e d
C o n c r e t e C y l i n d e r s
" C T - 5 2 3 : M e t h o d o f T e s t f o r F l e x u r a l
S t r e n g t h o f C o n c r e t e
" C T - 5 2 4 : M e t h o d o f T e s t f o r F l e x u r a l
S t r e n g t h o f R a p i d S t r e n g t h C o n c r e t e
" C T - 5 3 3 : M e t h o d o f T e s t f o r B a l l
P e n e t r a t i o n i n F r e s h P o r t l a n d C e m e n t
C o n c r e t e
" C T - 5 3 9 : M e t h o d o f S a m p l i n g F r e s h
C o n c r e t e
" C T - 5 4 0 : M e t h o d o f M a k i n g , H a n d l i n g ,
a n d S t o r i n g C o n c r e t e C o m p r e s s i v e
T e s t S p e c i m e n s i n t h e f i e l d .
F i n n Q u a l i f i c a t i o n s
" C T - 5 5 6 : M e t h o d o f T e s t o f S l u m p o f
F r e s h P o r t l a n d C e m e n t C o n c r e t e
" C T - 5 5 7 : M e t h o d o f T e s t f o r
T e m p e r a t u r e o f F r e s h l y M i x e d P o r t l a n d
C e m e n t C o n c r e t e
W e w i l l d e l i v e r D a i l y F i e l d R e p o r t s a n d a
S u m m a r y F i e l d T e s t i n g R e p o r t t o t h e C i t y
f o r e a c h p r o j e c t .
APPENDIX A
KEY STAFF RESUMES
-· ----------
Jeffrey B. Polis
Field Technician
Education:
Frontier High School, Camarillo
Professional Registration:
Caltrans Certified CTM Procedures: 216; 231; 375; 504; 518; 523; 524; 533; 539; 540; 556; 557
American Concrete Institute (ACI)-Concrete Field Testing Technician
Experience:
Mr. Polis is an experienced geotechnical field technician. His experience cons ists of test methods and
procedures for in-situ moisture and density determination utilizing nuclear and sand cone test methods, asphalt
sampling and density testing, and mass-grading fill control observation and testing, as well as extensive utility
line trench testing .
• Oak Park Lane Storm Drain, Santa Barbara Cottage Hospital, Santa Barbara. Geotechnical field
technician responsible for observation of site preparation and grading, materials testing and inspection,
for a 10 foot by 10 foot concrete box culvert to collect and convey storm water to Mission Creek. The
invert of the culvert is about 15 feet below the existing grade .
•
•
RiverPark Joint Commercial-Residential Master-Planned Community, Oxnard. Geotechnical
technician responsible for testing for a 700-acre development that will include 2805 residential units, 1.4
million square feet of commercial space, and incorporates hundred-foot deep sand and gravel mining
pits into the development as water features. Mr. Polis was responsible for the following:
• Elementary School Site -Footing excavation observations, utility line trench backfill observation
and compaction testing, and asphalt pavement placement observation, sampling and density
testing.
• City/County Joint Use Fire Station -Fine grading observation, subgrade and base density
testing, footing excavation, and observation and testing of utility line trench backfill consisting of
sewer, domestic water, storm drain HOPE, electric, and gas lines.
• Mass Grading -Observation and testing of compacted fill material, removal bottom observation
with project geologist, soil classification, Geogrid slope construction observation and testing,
slope erosion repair observation and backfill testing, keyway and benching observation with
project geologist, observation of Deep Dynamic Compaction (DOC) operations , and intermittent
monitoring of Vibratory Compaction (VC) operations.
• Onsite Utilities-Trench excavation bottom observations, bottom stabilization observation,
observation of placement of sewer, domestic water, reclaimed water, electrical, telephone, RCP,
and gas lines; observation of in-situ construction of RCB storm drain, observation and testing of
over 10,000 linear feet of utility line trench backfill, and observation of placement of slurry backfill
and concrete kickers. Maintained positive working relationship with multiple contractors .
County of Ventura Storage Yard Relocation Project, Saticoy. Mass grading observation and fill
testing , removal bottom observations, soil classification, footing excavation observation, observation of
placement of sewer, domestic water, storm drain (RCP and HOPE), electrical and gas lines, observation
and testing of utility line trench backfill, observation of forming and placement of on site storm drain catch
basins, and placement of slurry backfill and concrete kickers. Maintained positive working relationship
with multiple contractors.
Supplementary Information:
Radioactive Materials Operator (Nuclear Gauge)
Resume Page 1 of 1
APPENDIX B
LABORATORY AND PERSONNEl CERT(FICA'flONS
TL-0111 (Rev . 06-00 : District 07, 07-00)
CALIFORNT A OEP ARTMENT OF TRANSPORTATION • Caltrans
Presents this
CERTIFICATE OF PROFICIENCY
to
ADAM SINUTKO
Fugro West, Inc.
who i.\· qualifietlto perform thc.following test.\·:
I 05 Calcul11tions Pet taining to Gradings & SpG
I 25 Sampling Highway Materials & Products
201 Soil & Aggregate Sample Preparation
202 Sieve Analysis of Fine & Coarse Aggregates
216 Relative Compaction, Soils & Aggregates
217 Sand Equivalent
226 Determination ofMoisture Content by Oven Drying
· 227 Evaluating Cleanness of Coarse Aggregate
231 Relative Compaction of Soils & Aggregates (Nuclear)
504 Air Content, Freshly Mixed PCC, Pressure
518 Density ofFresh Concrete
523 Flexural Strength of PCC
524 Flexural Strength ofRapid Strength Concrete
533 Ball Penetration in Fresh Portland Cement Concrete
539 Sampling Freshly Mixed Concrete
540 PCC Cylinder Fabrication
556 Slump ofFresh Portland Cement Concrete
557 Temperature ofFreshly Mixed PCC
EXPIRES
07 September 20 13
07 September 2013
07 September 2013
07 September 20 13
07 September 2013
07 September 2013
07 September 2013
07 September 2013
07 September 2013
07 September 2013
07 September 2013
07 September 20 13
07 September 201 3
07 September 20 13
07 September 20 13
07 September 2013
07 September 20 13
07 September 201 3
for : ./imn~r 0/adokt:('![!:,tric~ Materials Engineer
by : /-(} ~ -TL-0111 Issued : 07 September 2011
/Robert Achuela IA Phone No.: (562) 728-4741
Certified Independent Assurance lA Certificate No . : 073
note: This certifteate is valid as long as the Acceptance Tester complies with
applicable requirements in Cal trans Independent .-b ,furance Program Manual.
TL-{)111 (Rc\'. ()()~:District 07. 07-00)
CALIFORNIA DEPARTMENT OF TRANSPORTATION ,.
Cslfnlns
Presents this
CERTIFICATE OF PROFICIENCY
to
JEFF POLIS
Fugro West, Inc.
who is qua/lfied Ia perform the following tests:
216 Relative Compaction. Soils & Aggregates
231 Relative Compaction of Soils & Aggregates (Nuclear)
504 Air Content, Freshly Mixed PCC, Pre~sure
518 Density ofFresh Concrete
523 Flexural Strength ofPCC
524 Flexural Strength ofRapid Strength Concrete
533 Ball Penetration in Fresh Portland Cement Concrete
539 Sampling Freshly Mixed Concrete
540 PCC Cylinder Fabrication
556 Slump of Fresh Portland Cement Concrete
557 Temperature of Freshly Mixed PCC
EXPIRES
07 September 2013
07 September 2013
07 September 20 I 3
07 September 2013
07 September 2013
07 September 2013
07 September 2013
07 September 2013
07 September 2013
07 September 20 13
07 September 2013
for : Jimmy 0/adokuJ., jf}f,rict Material~ Engineer
by: / ~ 0 lvL' TL-0 111 Issued : 07 September 2011
/Robert Achuela JA Phone No. : (562) 728-4741
Certified Independent Assurance lA Certificate No. : 073
note: This certificate is yaJid as long as the Acceptance Tester complies with
applicable requirements in Caltranslndependelll .-bsurallce Program Manual.
:.
~~I(ID90 &~oore ' ~'·'·\b;;
Geotffl"l"IC·" ,,nrl [nwonmcnt"l Srlf'l'l(f'S (o'1\ultrlnl\
PROPOSAL TO PROVIDE
MATERIALS TEST ING AND INSPECTION SERVICES
ROSEMEAD BOULEVARD
TEMPLE CITY, CALIFORNIA
PREPARED FOR :
City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
PREPARED BY:
Ninyo & Moore
Geotechnical and Environmental Sciences Consultants
475 Goddard, Suite 200
Irvine, California 92618
January 8, 2013
Proposal No. P-15815
-+75 GOddard, SU1re200 • IrVIne. Cahfomla 9.?618 • Phone (949) 753-707 0 • Fa~ (949)753 -7071
san Dto!go • IIW>t' • I.D< AngeJt>s • Ra""" Cucall'l01'9d • Oal<!arla <,an ffancsw • \aaamt'l1to
'""V<'<;liiS • Pnoero. • Tucson • Ftesc011 Volley • ~ • El f'.liO • 1-l<Jt,llon
EDUCATION
Ph .D., Geotechnical Engineering, 1969, Uni-
ve rsity of Paris
M.S., Applied Mechanics , 1967, University of
Paris
B.S ., Civil Engineering , 1965, University of
Tabriz
Construction Quality Management for Con-
tractors , Corps of Engineers Training Course
REGISTRATIONS
ACE 45350 (California)
PE 12269 (Nevada)
PE 3415592202 (Utah)
PE 6822 (Alaska)
PE 4470 (Idaho)
PE 33062 (Arizona)
EXPERIENCE HIGHLIGHTS
Transportation Projects
Slope Stability
Pavement Design
Tunnels & Underground Structures
PROFESSIONAL
JALAL VAKIL I, Ph.D., PE
PRINCIPAL-IN -CHARGE
Dr. Vakili has extensive experience providing geotechnical services lor public works
and infrastructure projects for cities, counties, caltrans, and other state and municipal
agencies. He is a former university professor in geotechnical engineering and pro-
vides technical guidance on complex geotechnical engineering projects. He has
experience in the design and construction of dams, tunnels, pipelines, roads and
bridges, and underground structures. Dr. Vakili has expertise in the areas of slope
stability, soil dynamics, soil-structure interactions, and liquefaction studies. Addition-
ally, Dr. Vakili has taught and performed research work in the areas of soil dynamics
and slope stability which resulted in publication of several scientific papers in these
areas. As Principal Engineer for Ninyo & Moore, Dr. Vakili is responsible for the overall
quality of engineering, efficiency and cost control , client relations, and business devel-
opment. He administers contracts, reviews proposal submittals , provides technical
guidance to engineering staff, reviews and edits technical reports, and oversees tech-
nical and business operations .
REPRE SENTATIVE PROJECT EXPERIENCE
Ocean BoulevardfTerminal Island Freeway Interchange Project, Long Beach,
California: Principal-in-Charge retained to provide soils and materials testing services
during the construction of the Ocean Boulevard/Terminal Island Freeway Interchange
Project in Long Beach, California.
City of Irvine Arterial Highway Rehabilitation Program, Irvine, California: Princi-
pal-in-Charge retained to provide materials testing services during construction of the
Arterial Highway Rehabilitation Program (AHRP) projects. The projects included three
separate street rehabilitation projects . The projects included Alton Parkway from
Daimler Street to Jamboree Road, MacArthur Boulevard from SASS to Redhill Avenue
and Campus Drive from Jamboree Road to MacArthur Boulevard.
AFFILIATIONS Alder Avenue and San Bernardino Avenue Storm Drain Improvements, Fontana,
American Society of Civil Engineers California: Principal-in-Charge retained to provide soils and materials testing services
International Society of So il Mechanics and for the construction of the Alder Avenue and San Bernardino Avenue Storm Drain
Foundation Engineering Improvements project. Improvements consisted of various storm drain improvements,
and retaining wall, curb & gutte r, sidewalk, lighting, and traffic signalization
improvements . Society of American Military Engineers
State Route 71 Realignment, San Bernardino County, California: Principal-in-Charge
for geotechnical consulting and materials testing services during construction of the
realigned portion of State Route 71 in San Bernardino County, California. The
realignment area extended from the intersection with State Route 60 at the northern end
of the project to the intersection with State Route 91 at the southern end . The project
consisted of the construction of 12 bridges, several sound walls and retaining walls,
drainage structures, and asphalt concrete and concrete pavement sections for the main
travel lanes and ramps. Our construction services included earthwork observation and
testing; asphalt concrete compaction testing; laboratory and field testing of structural
concrete, concrete pavement, mortar and grout; and conformance testing of structural
backfill, aggregate subbase, aggregate base, permeable treated base, and permeable
material placed behind retaining walls .
1(ln9o & ~ftoore
EDUCATION
MBA , 1998, University of California Davis
M.S., Civil Engineering, 1989, University of
California Berkeley
B.S., Civil Engineering, 1987, University of
California Berkeley
REGISTRATIONS AND
CERTIFICATIONS
ACE 49665 (California)
GE 2509 (Californ ia)
Nuclear Gauge Operator Certification
EXPERIENCE HIGHLIGHTS
Los Angeles Unified School District, As-
Needed Geotechnical Design and Construc-
tion Services
Los Angeles Unified School District, As-
Needed Materials Test ing and Inspection
Services
John Wayne Airport, A·E Services for Geo-
technical Engineering , Materials Testing,
Const ru ction Observation and Inspection
City of Los Angeles , As -N eeded Geotechni·
cal and Environmental Engineering Services
PROFESSIONAL
AFFILIATIONS
American Society of Civil Engineers
GARRETH M. SAI K I, PE, GE
PRO JECT MANAGER
As a Principal Engineer for Ninyo & Moore, Mr. Saiki coordinates and conducts geo-
technical evaluations for residential, commercial , and public facilities , including
highways, railroads, airports, pipelines, public and private buildings, and bridges; per-
forms slope stability analyses, flexible and rigid pavement design, and underground
pipeline design; prepares and reviews geotechnical reports; and provides geotechn i-
cal design parameters and recommendations for shallow and deep foundations,
retaining structures , in -situ ground remediation and earthwork; reviews laboratory re -
sults, project plans and specifications; provides supervision and technical support to
staff-level engineers and geologists; performs project administration and manage-
ment; and provides forensic evaluation of distressed pavement, residential and
commercial structures.
REPRESENTATIVE PROJECT EXPERIENCE
Interstate 405 and State Route 55 Interchange Improvement Project, Costa Mesa,
California: Served as Project Manager providing geotechnical observation and mate·
rials testing services during construction of the $150 million Interstate 405 (1-405) and
State Route 55 (SA -55) Interchange Improvement Project. Services included observa-
tion of site grading and paving operations, including field density testing for the
placement of structural fill for new embankments; aggregate subbase, aggregate
base, and asphalt concrete (AC) for new paved roadways; and structural backfill be -
hind mechanically stabilized embankment (MSE) walls . Ninyo & Moore performed
concrete sampling and field testing for penetration , air content , and unit weight, and
laboratory strength tests of concrete cylinders.
Avenue L & SR-14 Interchange Improvements, Lancaster, California: Project Man-
ager provided Quality Assurance and acceptance testing for the soils and construction
materials utilized in the construction of the Avenue L and State Route 14 (SR-14) In -
terchange Improvements project in Lancaster, California. The project included
widening of the existing Avenue L bridge across the SA-14 freeway.
Alameda Corridor-East Construction Authority (ACE), Jump Start Safety Pro;ects,
Los Angeles County, California: Served as Project Manager providing the Alameda
Corrido r-East (ACE) Construction Authority with soils and materials test ing and inspec-
tion services as well as environmental compliance oversight services during the
construction of the Grade Crossing Safety Improvements Projects, which is also referred
to as the Jump Start Safety Projects . The proposed Jump Start Safety Projects are part
of the ACE Gateway to America Project, a joint effort by the Union PacHic Railroad,
Metrolink, and ACE Construction Authority and includes construction of safer grade
crossings at 46 crossing locations along the project's approximately 35 mile alignment.
Avenida de Las Banderas Bridge, Rancho Santa Margarita, California: As a Sen·
iorProject Manager, Mr. Saiki coordinated with the project resident engineer to provide
field density testing, field concrete testing , and laboratory testing of concrete and im-
port soils for the new Avenida de Las Banderas Bridge over State Route 241 (Toll
Road) in Rancho Santa Margarita, California. Soil and materials testing for this project
was performed in accordance with Caltrans specifications .
Taxiway C Construction, Los Angeles International Airport, Los Angeles ,
California: As a Senior Engineer, Mr. Saiki provided quality control review of the
laboratory test results for the reinforced concrete placed for the new Taxiway C. Ninyo
& Moore was retained to provide soils and materials testing services during
construction of the Taxiway C project at the Los Angeles International Airport, in Los
Angeles, California. Th e project included real ignment of the existing Taxiway C and
assoc iated service road , as well as new bridge construction (Caltrans Bridge over
Sepulveda Boulevard), building modifications, new building construction, and
associated utility construction. JVIRBO & l(lOO~&
~b/Ll/L~lL ~o:~L PAGE 131
'IL-0111 ~· 07.00)
CALIFORNIA DEPARTMENT OF TRANSPORTATION
Presents this
CERTIFICATE OF PROFICIENCY
to
Vance Hunter
Ninyo & Moore
who is qualified to perform the following tests:
125.0 Sampling Highway Materials & Products
216.0 Relative Compaction, Soils &Aggregates
231 .0 Relative Compaction of Soils & Aggregates (Nuclear)
504.0 Air Content, Freshly Mixed Concrete, PreSSUle
.523.1 Flexural Strength ofPCC (Fabrication Only)
533 .0 Ball Penetration in Fresh Portland Cement Concrete
539.0 Sampling Freshly Mixed Concrete
540.0 PCC Cylinder Fabrication
556.0 Slump of Fresh Portland Cement Concrete
557 .0 Tem_perature of Freshly Mixed Portland Cement Concrete
for : Jimmy Oladolcun, District Materials Engineer
EXPIRES
November 08, 2013
November 08, 2013
No-vember 08,2013
June 13, 2014
June 13,2014
June 13, 2014
June 1.3 , 2014
June 13, 2014
Iune 13 , 2014
June 13 , 2014
by: ~ )\ !Lw
shley Shaw
TL-0111 Issued : 13 June 2012
IAPhoneNo.: (714) 374-7863
Certified Independent Assurance lA Certificate No. : 068
note: This certificate is valid as long as the AC(:eptaoce Tester complies with
applicable rc;quirc~D£DOI in Ca1trans /1ldepertdertt Assurance Program Manual.