Fountain Valley City Council
May 17, 2022

Ninyo & Moore | City of Fountain Valley, As-Needed Material Testing Services | 04-03182 | April 22, 2021 CA13 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist.............................................. $ 195 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 190 Senior Project Engineer/Geologist/Environmental Scientist................................................................................... $ 185 Project Engineer/Geologist/Environmental Scientist............................................................................................... $ 175 Senior Staff Engineer/Geologist/Environmental Scientist....................................................................................... $ 150 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 145 GIS Analyst.............................................................................................................................................................. $ 125 Technical Illustrator/CAD Operator ......................................................................................................................... $ 103 Field Staff
Certified Asbestos/Lead Technician........................................................................................................................ $ 185 Field Operations Manager....................................................................................................................................... $ 125 Nondestructive Examination Technician (UT, MT, LP)........................................................................................... $ 119 Supervisory Technician ........................................................................................................................................... $ 115 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................ $ 109 Senior Technician.................................................................................................................................................... $ 108 Technician................................................................................................................................................................ $ 103 Administrative Staff
Information Specialist .............................................................................................................................................. $ 85 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 80 Data Processor........................................................................................................................................................ $ 75 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.

Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

Ninyo & Moore | 2019 Laboratory Testing
Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293.....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 422, CT 203........................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 55 Moisture Only, D 2216, CT 226 .................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 422, CT 202..................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.......................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142 ...................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791 ...........................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39 .....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109..................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 Fireproofing Density Test, UBC 7-6 ..........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

AGREEMENT FOR CONSULTANT SERVICES
CON – –
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and ("CONSULTANT"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on (“EFFECTIVE DATE”)
and remain and continue in effect until all tasks described herein are completed but in no event later than , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.

2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.

4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.

CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT
shall represent CITY in
all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT.

The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change

CONSULTANT's compensation, subject to Section 6 hereof.

6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed
Dollars ( ) (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section

2.36.110 must be obtained from the City Council.

7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the

actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of

said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.

9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,

and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, 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 the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, 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 subconsultants 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 subconsultant 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 terms 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. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.

13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.

The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;

(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.

14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents 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 it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In

addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.

16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information

concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY.

CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information.

CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY CONSULTANT
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk

22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor

any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ.

Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.

Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.

23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.

24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.

27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.

28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder ///
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY CONSULTANT
Signature
ATTEST: Typed Name
Title
City Clerk
Approved as to Form:

Corporate seal (or attach Notary
HARPER & BURNS LLP acknowledgment)
Attorneys for the City
Approved as to Content:
___________________________

Exhibit “A”
Scope of Services
And Payment Terms

Exhibit “B”
InsuranceSpecifications

EXHIBIT “B”

INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than dollars per occurrence, dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
[Check if Applicable] Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than dollars combined single limit for each accident. [Check if Applicable] Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. [Check if Applicable] Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
[Check if Applicable] Professional liability (errors & omissions) insurance.

CONSULTANT shall maintain professional liability insurance that covers the services to

be performed in connection with this AGREEMENT, in the minimum amount of dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.
[Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
[Check if Applicable] Explosion, collapse, underground insurance.

CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than dollars per person and dollars per occurrence for personal injury. The limit of property damage liability shall be not less than dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.

Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.

CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of this

AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability

policies. Coverage available to the additional insured shall be primary and noncontributory.

Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

City of Fountain Valley
As-Needed Material Testing Services
RFQ 21-006

Cover Letter

2883 East Spring Street, Suite 300
Long Beach CA 90806
Tel 562.426.3355
Fax 562.426.6424
2883 East Spring Street, Suite 300
Long Beach CA 90806
Tel 562.426.3355
Fax 562.426.6424
April 22, 2021
Proposal No. 21-0673
Amanda McCall
Management Analyst/Purchasing Officer
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
SUBJECT: RFQ 21-006 As-Needed Material Testing Services Dear Ms. McCall:

Twining Geotechnical (Twining), a California S Corporation headquartered at 2883 East Spring Street, Suite 300, Long Beach CA 90806, is pleased to present this proposal to provide material testing services to the City of Fountain Valley (City). Having previously provided related services in support of many similar-sized cities throughout Southern California, we greatly anticipate the prospect of being added to your community’s qualified bidders list.

Why Twining
Introduction of Firm and Professional Qualifications
Twining has been setting standards for over 120 years. We employ materials engineers and experts who have a true understanding of construction materials and their application in the field. We leverage this understanding to improve existing regulations and author new guidelines. By collaborating with regulatory agencies, our team members are able to bring about change that benefits both contractors and owners. » Specialized Experience in Public Works Twining has unmatched expertise in providing on-call services for various public works clients throughout the state. We have been the trusted firm to provide similar services to dozens of Southern California agencies, such as the Cities of Laguna Niguel, Long Beach, Huntington Beach, Fullerton, and Costa Mesa, as well as the Counties of Los Angeles and Orange. » Creative Alternative Pavement Design The City’s CIP comes from funding sources, such as Measure HH and the Responsible Spending Pledge, which enables the City to deliver cost-effective quality public services and to provide for a safe and desirable community that enriches its residents and businesses. Twining understands the importance of ensuring these dollars are being allocated most efficiently is paramount. The proper structural section design for flexible pavement as well as the asphalt concrete mixture type is crucial to its performance and longevity. Poor design can result in early failures, substandard performance, and repairs that quickly become costly. We are committed to helping agencies design and implement the most appropriate, cost-effective, durable pavement solutions. We have demonstrated this commitment by investing in technical experts and lab capabilities that specialize in Asphalt and Concrete Pavement Design. Dr. Amir Ghavibazoo, our team’s pavement engineer and scientist, will
help the City rest assured your dollars are
being well spent, as well as offer pavement
design alternatives to ensure the most
efficient use of the City’s resources. We
have delivered award-winning, challenging,
and unusual pavement design projects that
address a myriad of objectives from pavement
service life to sustainability, and budgetary
restraints. This includes Rubberized HMA,
which recycles rubber from used tires and full
depth reclamation (FDR) of pavements, which
recycles existing asphalt and base materials
Twining is located less
than 20 miles from the
City. This ensures
a rapid response
to your projects,
and work
performed
by members
of the local
community.

into new pavement, and Superpave, which is a comprehensive system for the design of mixtures that are adapted to the unique performance requirements dictated by the traffic, climate, and structural section. » Geotechnical Engineering Expertise with a State-of-the-Art Laboratory Our state-of-the-art geotechnical engineering laboratory is geared to provide fast, reliable test results. Our geotechnical laboratory technicians understand the need to turn around testing needed during construction very quickly to mitigate delays during grading. It is common to turn around construction-related test results for proposed import soils and engineered fill within 24 hours (sometimes less) to meet the fast-paced needs of a grading operation. We subscribe to the most stringent laboratory certification requirements in the industry and are accredited by agencies, including Caltrans, American Association of State Highway and Transportation Officials, and the Army Corps of Engineers.

Twining performs all of the necessary geotechnical testing in-house using local staff. All personnel proposed for use on this project are Twining employees that have longevity with Twining. Our engineers and project managers personally know each of our soil and lab technicians and we communicate with field and lab personnel regularly, including periodic in-house training sessions. Our engineers and project managers are intimate with the project details and are available on short notice when geotechnical issues arise in the field that demand immediate, hands-on attention.

We would like to thank the City for inviting us to present our qualifications. Our established specialized experience in public works on-call engineering, ability to provide cost-saving pavement design solutions, and nearby fullservice geotechnical laboratory qualify us as a clear choice for your upcoming projects. Should you have any questions related to our qualifications, please contact me by phone at 562.426.3355 or by email at [email protected].

Sincerely,
Paul Soltis, RCE 56140, GE 2606 Amir Ghavibazoo, PhD
Poject Executive Project Manager
Twining Vice President, Geotechnical Operations Director of Asphalt Engineering & Pavement Design (Authorized to bind Twining to contract)

Firm Qualifications

Twining, Inc. | City of Fountain Valley 1

TWINING

FIRM HISTORY
Twining’s legacy dates back more than 120 years. What started as a family business in 1898 has evolved into one of California’s largest service providers of geotechnical, materials testing, and construction inspection services. Highly regarded by state and local agencies, developers, contractors, consultants, and industry for providing high-quality services that are reliable, timely, and compliant, Twining has been a central part of some of California’s most regionally significant construction projects. We employ some of the industry’s most well-known construction experts who perform research as well as consult with regulatory agencies to shape the future of construction standard practices.

Twining is a full-service engineering and quality control company with unmatched technical expertise. As detailed below, our services span from QA/QC, materials testing, and inspection, to highly technical capabilities in applied engineering and integrated disciplines. With laboratories throughout California and more than 150 inspectors, we are unequaled in our core competencies to work on vertical as well as horizontal construction projects:
» Geotechnical engineering
» Asphalt pavement quality assurance services
» Asphalt pavement design and materials evaluations
» Soils and materials testing and inspection
» Specialty testing
» Mobile laboratory services
» Roofing and waterproofing consultation and inspection » Applied engineering and research
» Forensic evaluation
» Stormwater management
Twining has developed a strong reputation by providing sound engineering, testing, and inspection services on every project we undertake. We earned this reputation knowing that the true measure of our performance rests in the satisfaction of our clients. We approach each project with the understanding that we are evaluated on the safety and durability of the structures and pavements we test and inspect.

Twining has the unparalleled ability to service even the most complex projects from inception through completion. Starting with the initial subsurface investigation and continuing through the inspection and laboratory testing required during construction, we have the engineering staff, experienced inspectors, and state-of-the-art laboratory facilities to meet all of your project needs.

This experience, along with our proven project management system, results in a seamless flow of communication during the entire scope of your projects and provides you with a single point of contact to ensure that all of your project needs are met.

Twining, Inc. | City of Fountain Valley 2

INFRASTRUCTURE

CONSTRUCTION EXPERTISE
With California’s aging infrastructure and continued urban growth, our cities and counties are faced with unique challenges. Never has it been more critical to maximize the value of each public works dollar spent on capital improvement than today. The quality assurance programs that Twining has established for public agencies throughout the state emphasize the most cost-effective practices utilizing industry best practices.

Whether it is a major water/wastewater project, bridge or roadway improvement, underground utility work, airport improvement, or goods movement project, Twining has the requisite expertise and capabilities to effectively establish and maintain a quality assurance program that is in strict compliance with the local assistance procedures manual (LAPM) as well as state and federal mandates.

Twining provides the following services for local agencies:
» Initial engineering design and evaluation
» Specification development and review
» Materials review and verification for acceptance
» Public works inspection
» Source inspection
» Acceptance laboratory testing and evaluation
» Federal compliance
» Final quality assurance report and project closeout
Twining’s involvement with the most cutting edge materials technologies enables us to assist project teams with the evaluation of construction products and determining their suitability for use. Twining has assisted construction managers, structural design engineers, and owners in developing high-strength concrete mixes utilizing low carbon emission materials, recycled asphalt pavement structural designs, and various other cementitious, geotechnical, and sustainable asphalt pavement components that utilize renewable materials.

Twining is uniquely positioned to provide quality assurance programs from start to finish. Through our partnerships with Caltrans and various universities, we have knowledge of proven technological advances in construction that we can pass on to our clients and incorporate into their projects as appropriate. We routinely contribute to the American Public Works Association by presenting technical sessions related to some of the newest technological advances. Whether it involves rapid strength concrete, warm mix asphalt, high volume fly ash mixes to reduce greenhouse gases, or 100 percent recycled materials, Twining can provide the proper solution for your project.

Twining, Inc. | City of Fountain Valley 3

GEOTECHNICAL

ENGINEERING
Geotechnical Investigation
Twining’s geotechnical engineers, geologists, and
technicians bring their finest professional skills
and practical experience to each project. Our
staff includes licensed professional geotechnical
engineers (GE), certified engineering geologists
(CEG), and civil engineers (PE). We have
extensive experience meeting the special needs
of stringent agencies, including the Division
of the State Architect (DSA), Office of Statewide
Health Planning and Development (OSHPD),
and the City of San Diego. Additionally, our
professionals have vast experience in completing
subsurface investigations involving geotechnical
analysis, and providing design recommendations
to meet the needs across the full spectrum of
project types, from high-rise developments and
hospitals, to freeway retaining walls. Typical
field investigation methods include small- and
large-diameter borings, cone penetration testing,
down-hole logging, installation of monitoring
wells, and trenching for geological/seismological
hazards and fault investigations. Our vast
construction experience allows us to incorporate
time- and cost-effective recommendations that
can be practically implemented. Our team of
professionals offers advanced analytical methods
such as finite element analysis and specialized
software to help establish performance criteria
for new projects.

Geotechnical Observation
When the need for geotechnical engineering
construction support arises, Twining is well
qualified to provide comprehensive services for
all types of projects. We staff all geotechnical
activities with a project engineer to review
project plans and specifications to ensure
proper execution of the project requirements.

We also staff projects in this scope with
experienced field technicians, who are well
versed in applicable standards and ensure all
work is done in accordance with the appropriate
guidelines. We provide comprehensive daily
reports to our clients that outline discrepancies
and non-conformance with respect to project
requirements for quick identification and
resolution. Our team of registered engineers
regularly review testing results during the
project. They provide necessary information to
the field technicians directly and follow up with
“draft” results for review and approval.

Our engineers will periodically visit the job
site along with the field technician to ensure
testing and observation requirements are
being met and that the client is satisfied with
Twining’s performance. We also provide a final
geotechnical report that summarizes the work
done during construction, including all test
results and a statement regarding compliance
with the project geotechnical requirements and
all applicable codes.

Laboratory Testing
Twining maintains a network of state-of-the-art
laboratories throughout California. In addition to
our San Diego location, we maintain additional,
fully-accredited facilities in Sacramento, Ventura,
Concord, Riverside, and Long Beach along with
a fleet of mobile laboratories that allow us to
conveniently service projects throughout the
state.

Our fully-accredited geotechnical engineering
laboratories are equipped to perform the
standard tests needed in geotechnical
engineering evaluations, including,but not
limited to, the following:
» In situ density and moisture content
» Atterberg limits
» Sieve analysis
» Maximum dry density
» Direct shear
» Consolidation
» Expansion index
» Sand equivalent
» Cleanness value
» Soundness
» R-Value

Twining, Inc. | City of Fountain Valley 4

INNOVATIVE

PAVEMENT DESIGN SOLUTIONS
Twining’s experts have been providing pavement engineering and materials evaluation services on flexible pavement projects for decades.

Our highly specialized and dedicated team of experts provides comprehensive pavement engineering services that utilize the newest pavement rehabilitation technologies to effectively deliver our clients the service life they expect of their pavements at a construction cost that may be less than traditional methods.

Twining is closely involved with hot mix asphalt industry associations and government agencies that keep our engineers on the pulse of new and upcoming technologies. While we have a comprehensive understanding of traditional methods and designs, we do not automatically suggest the same textbook solutions to all of our clients. We individualize our recommendations to include new flexible pavement materials that can be used most effectively and economically. Whether it is a highly-traveled arterial roadway that requires high stability in intersections to prevent pavement rutting or a residential collector that the residents expect to be as quiet as possible, Twining has the solution.

Twining routinely assesses current pavement conditions and identifies the causes of pavement distress. Using the Falling Weight Deflectometer (FWD), coring, ground penetrating radar (GPR), and dynamic cone penetrometer testing, we are able to assess subgrade conditions and determine the load-carrying capacity of in-place pavement. Our efforts can determine the remaining service life of pavement and identify options for rehabilitation. Supported by Twining’s sophisticated laboratories, our expert staff has a deep knowledge of asphalt concrete mixtures.

We routinely test and inspect hot mix asphalt designs consisting of the following materials:
» Polymer Modified Binders
» Rubberized Hot Mix Asphalt
» Warm Mix Asphalt Research and Development
» Hot Mix Asphalt Using High Amounts of Recycled Asphalt Concrete » FAA Marshall designs
» Superpave Designs
We also perform production quality and strength and mix for:
» Asphalt Content
» Gradation
» Stability
» Hamburg Wheel Track
» Project Specific Volumetrics
The proper structural section design for flexible pavement as well as the asphalt concrete mixture type is crucial to its performance and longevity.

Poor design can result in early failures, substandard performance and repairs that quickly become costly.

We are committed to helping agencies ensure the design and implement of their pavement projects meets relevant specifications for their jurisdiction . Our extensive experience providing quality assurance and quality control services in the field gives us unique insight and allows us to provide correction recommendations that can be implemented and are reliable should the need arise.

Twining professionals are members of the American Public Works Association, the Asphalt Pavement Association, the Rubber Pavements Association, the National Asphalt Pavement Association, and the Caltrans expert task group on flexible pavements. They have vast knowledge of hot mix asphalt materials and the constraints during production, as well as experience managing comprehensive quality assurance and quality control programs.

Twining, Inc. | City of Fountain Valley 5

PAVEMENT

TREATMENT AND MAINTENANCE
The firm has partnered with Caltrans in the evaluation of the rubber pavements pilot warranty program conducted back in 2001 and has consulted with scores of California municipalities on their annual ARHM overlay program since 1998. Our team has in-depth experience with the following pavement treatment types:

Preventative Maintenance
» Fog Seal
» Chip Seal (Rap Chips)
» Scrub Seals
» Slurry Seals
» Microsurfacing
» Cape Seals
» Bonded Wearing Course
» Micromilling
» Asphalt Rubber Hot Mix-Gap
Graded (ARHHM-GG)
» Overlays
» Prep-Work (Digouts)
Rehabilitation
» Cold In-Place Recycling » Cold Central Plant Recycling Reconstruction
» Full-Depth Reclamation » Lime Stabilization
Pavement Maintenance Capabilities
» Pavement Evaluation and Design Services for Pavements » Falling Weight Deflection Testing, Geotechnical Pavement Engineering, and Analysis
» Project Specification Development and Pavement Repair Plan Preparation
» Pre-Construction Bid Assistance with Technical RFIs
» Submittal Review, Quality Assurance Acceptance, and
Technical Quality Review
» Pavement Placement Inspection during Construction
» Binder Plant Inspection to Verify Reaction Times, Use of Crumb Rubber, Temperatures, Gradations, Etc.
» Placement Compaction Testing
» Laboratory Materials And Performance Predictive Testing Pavement Evaluation & Design
Twining offers Pavement Management System (PMS) consulting and performs a variety of engineering support functions including pavement evaluation and design, geophysical surveys, and subsurface utility engineering. We have extensive experience in both network- and projectlevel pavement analysis and design, as well as materials testing and the selection of appropriate pavement types and treatments for different pavement structures under various conditions.

Twining provides an integrated team of consultants with special expertise in all aspects of pavement management who partner with our clients to provide individualized solutions specific to their needs.

Our services include:
» Pavement Condition and Pavement Evaluation Reports
» Pavement Management Systems
» Street Evaluation Services
» Pavement Materials Engineering
» Inspection and Testing Services
» Construction Consulting Services
» Research and Development
Our experienced team uses pavement evaluation techniques that include visual surveys and destructive (invasive) testing along with a variety of nondestructive testing alternatives such as detection testing and profile measurement. We also employ GPR, which is used in highway inspection to provide information on pavement structure and layer thickness. Our surveys can detect various forms of pavement deterioration, voids, and regions of excessive subsurface moisture.

Twining and its engineers and specialists have been involved with the design, development, quality assurance, and performance evaluation of asphalt pavements for over 20 years.

PERSONNEL

QUALIFICATIONS
Paul Soltis, PE, GE, Project Executive
Paul Soltis, PE, GE, will serve as Twining’s project executive. Paul will ensure that the Twining team’s executive and project management processes are carried out for the benefit of the City in the form of projects being completed to approved designs and specifications. Paul will also oversee and sign all of the firm’s geotechnical reports, as well as serve as a resource for the City to confer with on geotechnical questions Fountain Valley’s staff might have.

Amir Ghavibazoo, PhD, Project Manager
Amir will also serve as our team’s project manager. His responsibilities include providing the City with pavement evaluation, design, testing, and confirmation of specifications required for any task order that may involve paving and or paving maintenance, as well as serves as primary point of contact for the City for all project related matters. Amir will oversee all services provided by Twining, verify that the City has the necessary resources to respond to each task assignment, and ensure all project needs are met.

Liangcai He, PhD, PE, GE, Chief Geotechnical Engineer
Liangcai He, PhD, PE, GE, is our team’s chief geotechnical engineer. He will provide overall quality assurance review for the project to verify that our product meets and/or exceeds the standard of care for a particular region. With extensive experience providing foundation design, retaining wall design, slope stability analyses, liquefaction evaluation, and seismic studies, Liangcai will be a vital asset in any soils condition mitigation efforts.

Jon Browning, PG, CEG, Certified Engineering Geologist
Jon Browning, PG, CEG, will serve as our team’s certified engineering geologist. His responsibilities will include reviewing the geotechnical reports prepared by Twining or others to identify geological factors that could affect City construction projects. He will support the project manager and chief geotechnical engineer in performing geologic hazard evaluations. He will also be available as a consultation resource to City team. Depending on the scope of a City request, he may supervise and manage some field activities and laboratory testing.

Adrian Moreno, PE, Project Engineer
Adrian Moreno, PE, will support the geotechnical team’s investigation efforts. His responsibilities will include subsurface investigations and field testing, reviewing available geotechnical reports and geologic data, and performing analyses necessary to provide geotechnical engineering recommendations for the design of projects.

He will also coordinate laboratory testing tasks that generate data used in the required engineering analyses.

Twining, Inc. | City of Fountain Valley 7
STAFF

ORGANIZATION CHART
Project Executive
Paul Soltis, PE, GE
Team single point of contact
In-house Twining staff
Project Manager
Amir Ghavibazoo, PhD
Engineering Staff
Liangcai He, PhD, PE, GE
Chief Geotechnical Engineer
Jon Browning, PG, CEG
Certified Engineering Geologist
Adrian Moreno, PE
Project Engineer
Laboratory Manager Dispatch Manager
Our engineers and project
managers are supported by a staff
of 150+ employee inspectors and
technicians.

Field & Soils Technicians Certified
Laboratory Technicians

Twining, Inc. | City of Fountain Valley 8
Overview
» Years’ Experience: 1992 – Present
Education
» MS, Geotechnical Engineering,
University of Colorado, Boulder
» BS, Civil Engineering,
California Polytechnic State University,
San Luis Obispo
Professional Memberships / Registrations
» Professional Engineer, Civil, CA, PE 56140
» Registered Geotechnical Engineer, CA, GE 2606
Relevant Experience
Paul Soltis, PE, GE, brings more than 29 years of technical expertise to Twining. His experience includes geotechnical investigations and observation of sewer, pipeline, and other water infrastructure projects. His focus is on interaction with agencies during development of construction documents and afterward to assist them in achieving the most appropriate soil conditions for their projects. Paul has extensive on-call contract management experience and the proven ability to simultaneously maintain and manage multiple projects.

City of Huntington Beach, On-Call Engineering Services
Twining is currently providing material testing services to the City of Huntington Beach, to support the City’s Public Works Department, under an on-call contract, for a period of three years. All testing provided under this on-call contract complies with Caltrans Standard Specifications and the Project Special Provisions, the City’s approved Quality Assurance Program and Caltrans Construction Manual. Contract-wide, Paul serves as the principal in charge, providing engineering oversight.
» A recent project completed under this on-call was the 2020 Arterial Rehabilitation (CC1576). Twining provided assurance material testing and inspection during the roadway’s repaving. Previous to this, Twining performed a roadway pavement evaluation.

City of Long Beach, On-Call Engineering Services
Twining is contracted to provide certified testing and inspection services and geotechnical design on an on-call basis for public works infrastructure and facility-related improvement projects. Contract-wide, Paul serves as the principal in charge, providing geotechnical engineering design oversight.
» A recent project completed under this on-call was the 2020 Percolation Testing for Municipal Urban Stormwater Treatment project. Twining provided an evaluation of the subgrade soils to determine their infiltration characteristics at anticipated infiltration locations adjacent to the future MUST water treatment plant.

City of Fullerton, Loma Alta Pavement Rehabilitation
The City was looking for alternative options to rehabilitate/reconstruct the Loma Alta area. In 2019, Twining performed geotechnical laboratory tests on selected soil samples obtained from the borings in order to aid in the soil classification and to evaluate the engineering properties of the subgrade soils. Twining then provided a pavement design that gave costeffective options for conventional reconstruction. Paul served as the project executive.

PAUL SOLTIS
PE, GE, Project Evecutive
Professional Summary

Twining, Inc. | City of Fountain Valley 9
Overview
» Years’ Experience: 2014 – Present
Education
» PhD, Civil and Environmental Engineering, North
Dakota State University
» MS, Railways Engineering,
Iran University of Science and Technology, Tehran,
Iran
» BS, Industrial Engineering,
University of Technology, Tehran, Iran
Relevant Experience
Dr. Amir Ghavibazoo is Twining’s Director of Asphalt Engineering and Pavement Design. He directs and works on pavement design, highway design, engineering specifications, and consulting services. He works closely with cities and government agencies to develop unique and specialized mix designs, pavement inspections, and pavement design solutions. He will service as the project manager and single point of contact the for the delivery all Twining’s services under this on-call.

City of Long Beach, Del Amo Boulevard Improvement
The project primarily consisted of removing and replacing the asphalt pavement and placing ADA-compliant sidewalks, ramps, curbs, and gutters on Del Amo Boulevard. In 2020, Twining performed construction material testing and inspection, including inspections and testing of soils, a concrete wall, cold in-place recycled asphalt, and hot mix asphalt. Amir served as the pavement engineer and project manager.

City of Fullerton, Loma Alta Pavement Rehabilitation
The City was looking for alternative options to rehabilitate/reconstruct the Loma Alta area. In 2019, Twining performed geotechnical laboratory tests on selected soil samples obtained from the borings in order to aid in the soil classification and to evaluate the engineering properties of the subgrade soils. Twining then provided a pavement design that gave costeffective options for conventional reconstruction. Amir served as the project manager.

City of Huntington Beach, Arterial Rehabilitation (CC-1576) In 2017, Twining performed a pavement evaluation on approximately eight lane miles of street at multiple locations in the City of Huntington Beach to recommend repair and rehabilitation strategies for the pavement at project level. Amir served as senior pavement engineer, coordinating the required testing and preparing the final recommendation and design. Several alternative options provided to the City included mill and overlay, reconstruction, and soil stabilization. In 2020, Twining provided assurance material testing and inspection during the roadway’s repaving.

City of Huntington Beach, Nichols Lane Rehabilitation
In 2016, Twining performed inspection and material testing on the Nichols Lane rehabilitation project. Amir served as project manager to assure the quality of the job exceeded the City’s expectations. He oversaw the material sampling and testing and provided technical comments to the City. He was also responsible for developing Cementtreated soil mix designs for the project.

AMIR GHAVIBAZOO
PhD, Project Manager
Professional Summary

Twining, Inc. | City of Fountain Valley 10
Overview
» Years’ Experience: 1992 – Present
Education
» PhD, Structural Engineering with an emphasis in
Geotechnical Engineering, University of California,
San Diego
» MS, Civil and Structural Engineering with an
emphasis in Geotechnical Engineering, Nanyang
Technological University, Singapore
» BS, Hydraulic and Hydropower Engineering,
Tsinghua University, China
Professional Memberships / Registrations
» Professional Engineer, Civil, CA, PE 73280
» Registered Geotechnical Engineer, CA, GE 3033
Relevant Experience
Dr. Liangcai He, PE, GE, brings over 29 years of experience to Twining. Liangcai has extensive knowledge of earthquake engineering, soil-structure interaction, field investigations, earthwork and foundation design, retaining walls, seepage and groundwater modeling, embankment dams and levees, slope stability, and preparation of technical reports. His responsibilities have included project planning and management, proposals, cost estimates, field investigation, laboratory testing, engineering analyses, report preparation, plan review, and construction monitoring. His analytical skills include traditional engineering analyses and advanced numerical modeling.

City of Glendale, View Crest Road Slope Repair
Several locations along View Crest Road are showing signs of pavement distress and potential slope stability issues. Signs of pavement distress include longitudinal pavement cracks, vertical pavement separation, and deformed guardrails leaning toward downslope along the entire road. In 2020, Twining provided geotechnical engineering evaluation for the pavement and the slope. Our scope included reviewing background information and site reconnaissance; performing geologic mapping; coordinating and performing field exploration; performing geotechnical laboratory testing; conducting engineering analyses; and preparing a geotechnical report. Liangcai served as the registered geotechnical engineer.

City of Long Beach, Retaining Wall Failure at Corner of 1st & Alboni The City of Long Beach Public Work sought to set up K-Rails along First Street and North Alboni Place to reduce traffic-induced loads on a failed retaining wall. In 2019, Twining provided a geotechnical study of the compromised retaining wall and recommended a minimum K-Rail setback. Liangcai served as the project manager.

City of San Diego, As-Needed Geotechnical Services
Twining was awarded the contract to serve the City of San Diego with geotechnical services on an on-call basis. The scope of services for projects under this as-needed agreement includes geotechnical and soil investigation, subsurface evaluation, laboratory testing, and corrosion surveys for various sewer and water line replacements throughout the City. Liangcai is overseeing all of Twining’s efforts as the registered geotechnical engineer and will draft the final investigation report.
» A recent project completed under this on-call was the 2020 15GT28 Sewer and AC Water Group 1034. Twining provided a geotechnical investigation of existing subsurface conditions and recommendations for construction on the project which sought to replaced

2.87 miles of existing sewer mains .

LIANGCAI HE
PhD, PE, GE, Chief Geotechnical Engineer
Professional Summary

Twining, Inc. | City of Fountain Valley 11
Anaheim UHSD, Ball Junior High
The project consisted of adding a new marquis structure to the front of the school, building new shade structures, and making pavement improvements. Twining provided geotechnical investigation services that encompassed reviewing site background information, coordinating and performing field exploration, performing geotechnical laboratory testing, providing the results of the geotechnical analyses. Jon served as the certified engineering geologist and oversaw the subsurface investigation of existing parking lot to provide geotechnical recommendation for pavement design.

Anaheim UHSD, Sycamore Junior High
Twining currently hold an on-call geotechnical engineering services contract with the District. As a part of this contract in 2019, the firm provided infiltration testing for the proposed stormwater BMPs and subsurface investigation of existing parking lot to provide geotechnical recommendation for pavement design. Jon served as the certified engineering geologist.

CSU Long Beach, Los Alamitos Student Housing
Jon perform subsurface investigation and evaluated the liquefaction data to determine the foundation design recommendations for a proposed elevator addition to an existing 3-story student housing structure. Jon served as the certified engineering geologist.

Relevant Experience

JON BROWNING
PG, CEG, Certified Engineering Geologist
Jon Browning, PG, CEG, brings more than 14 years of experience in the engineering geology and environmental consulting industry. His professional experience includes geologic feasibility studies, site characterization, seismic site assessments, engineering design, and construction phases of numerous mining, civil, and land development projects. His expertise lies in developing subsurface geotechnical exploration strategies for fault trench and landslide investigations, geologic field mapping, executing and managing large field investigation projects, directing subcontractors, consulting with client, and preparing technical reports.

Overview
» Years’ Experience: 2007 – Present
Education
» BA, Geography with emphasis in environmental and
natural resources and Geology Minor,
San Diego State University, San Diego
» GIS, Certificate, Mesa College, San Diego
Professional Memberships / Registrations
» Professional Geologist, CA, 9012
» Certified Engineering Geologist, CA, 2385
Professional Summary

Twining, Inc. | City of Fountain Valley 12
Relevant Experience
Adrian Moreno, PE, brings over eight years of technical expertise to Twining. He excels at geotechnical engineering functions at any project stage, from the management of subsurface investigations, laboratory testing programs, and the preparation of geotechnical and foundation recommendation reports during the design phase, to the management of quality assurance testing and inspection programs during the construction phase of projects.

City of Long Beach, Shoemaker Bridge Replacement
Shoemaker Bridge is an extension of Shoreline Drive in Long Beach that traverses the Los Angeles River. Adrian is serving as a staff engineer during the design of the bridge, and performs sampling and analysis and prepares reports. The scope of work includes drilling several deep borings and cone penetration tests (CPT), up to 200 feet deep, in the river using an amphibious carrier with drill rig and CPT device. Samples and information from the borings and CPTs will be used to develop deep foundation recommendations for support of abutments and the bridge span over the river. Additional borings and CPTs on the land side will be performed to develop geotechnical recommendations for retaining walls and new pavements.

City of Huntington Beach, Beach Blvd and Ellis Ave Sewer Replacement
The sewer replacement project, located on Beach Blvd and Ellis Ave in the City of Huntington Beach, was installed at depths up to 15 feet below the existing grade. Trenching and shoring was done during construction of the proposed sewer line. Twining provided geotechnical design recommendations and then soils testing during construction. Adrian served as a senior staff engineer. His responsibilities included field and testing oversight.

City of Buena Park, Larwin Park
The project consisted of the planned remodel and installation of new playground equipment, new restrooms, and landscaping at the park. Twining performed a geotechnical investigation in 2016 to evaluate the site soil, perform percolation testing, lab testing, and provided recommendations for the construction. Adrian is serving as a senior project engineer.

Overview
» Years’ Experience: 2013 – Present
Education
» BS, Civil Engineering, California Polytechnic State
University, Pomona
Professional Memberships / Registrations
» Professional Engineer, Civil, CA, PE 87057

ADRIAN MORENO
PE, Project Engineer
Professional Summary

Twining, Inc. | City of Fountain Valley 13
Since 2011, the City of Huntington Beach has chosen Twining to provide geotechnical engineering, material testing, and inspection services on an on-call basis for Public Works infrastructure and facility-related improvement projects over multiple, consecutive contracts.

Our geotechnical services have included numerous geotechnical investigations for a wide range of both vertical and horizontal community construction projects, as well as various roadway design projects.

Our services consist of material testing, including concrete, masonry, aggregates, asphalt, and asphalt plant inspection, soil, epoxies, metals, steel reinforcement and welds, diamond bit coring of asphalt, concrete or masonry, road rating and profilograph testing of street and other general laboratory materials testing. All testing provided under this on-call contract complies with Caltrans Standard Specifications and the Project Special Provisions, and the City’s approved Quality Assurance Program.

Our services also include deputy inspection services involving grading, reinforced concrete, prestressed concrete, masonry, structural steel, steel moment and ductile frames, welding, pile driving, high strength bolts, epoxy anchors, fireproofing, structural observation, and special cases as required by the Building Official. Special inspections are duly certified by the Instructional Code Council (ICC) and other applicable governing agencies.

Some projects completed in the last five years under our contract with the City have included the following:
» 2020 Arterial Rehabilitation (CC-1576)
» 2020 Arterial Rehabilitation (CC-1595)
» 2019 Murdy Community Center Improvements
» 2019 Arterial Rehabilitation (CC-1575)
» 2019 Atlanta Avenue Widening (CC-1319)
» 2018 Pavement Evaluation (CC-1575)
» 2018 Main Street Promenade restroom Renovation
» 2017 Atlanta Avenue and Indianapolis Avenue
Rehabilitation
» 2017 Allstone Drive and Graham Street Water
Pipeline (CC-1389)
» 2017 PhaseII ESA Heil Ave

CITY OF

HUNTINGTON
BEACH
On-Call Geotechnical, Testing, and Inspection
Owner Name » City of Huntington Beach
Reference » James Wagner
» p: 714.536.5467
» e: [email protected]
» a: 2000 Main Street
Huntington Beach, CA 92648
Key Personnel » Paul Soltis, PE, GE
Project Executive
» Amir Ghavizaboo, PhD,
Project Manager
» Adrian Moreno, PE
Project Engineer
Start Date
» 01/2011
Completion Date » Ongoing

Twining, Inc. | City of Fountain Valley 14
Since 2013, Twining has provided testing, inspection, and engineering services to the City of Fullerton in support of the Public Works Department. Our firm has been selected by the City to participate on multiple, consecutive on-call contracts. Twining’s assurance testing and inspection actives under these contracts ensures project are constructed in compliance with Caltrans Standard Specifications and the Project Special Provisions, the City’s approved Quality Assurance Program, and Caltrans Construction Manual.

In addition, our geotechnical services provided to the City have included numerous geotechnical investigations for a wide range of community roadwork paving construction projects, as well as various roadway design projects.

Projects completed in the last five years under our contract with the City have included the following:
» 2020 Las Palmas Drive Water Facility Pavement Rehabilitation » 2020 Brookhurst Street. Improvement Mix Design
» 2019 Loma Alta Pavement Rehabilitation Recommendation » 2019 Multiple Street Evaluation
» 2019 Victoria Drive Infrastructure Improvement
» 2017 Loma Alta Pavement Rehabilitation Recommendation FIGURE: 1

SITE LOCATION MAP
PROJECT NO.: 190189.1
Victoria Drive Area Reconstruction and Water Main Improvement - City of Fullerton April 2019

CITY OF

FULLERTON
On-Call Engineering Services
Owner Name » City of Fullerton
Reference » David Grantham
» p: 714.738.6853
» e: dgrantham@
cityoffullerton.com
» a: 3030 West
Commonwealth Avenue
Fullerton, CA 92832
Key Personnel » Paul Soltis, PE, GE
Project Executive
» Amir Ghavizaboo, PhD,
Project Manager
» Liangcai He, PhD, PE, GE
Chief Geotechnical Engineer
» Adrian Moreno, PE
Project Engineer
Start Date
» 01/2013
Completion Date » Ongoing

Twining, Inc. | City of Fountain Valley 15
The voters of the City of La Mirada, in 2012, approved Measure I, in the face of decreased funding at the State level, paired with an ever-increasing list of necessary infrastructure projects. Additional factors that led the City to consider the ballot initiative were the dissolution of the City’s redevelopment agency and the national economic downturn. Funds from measure are earmarked specifically for infrastructure improvements, including reconstruction of damaged sidewalk, curb and gutter, upgrades to or addition of ADA ramps, pavement rehabilitation, storm drain reconstruction or rehabilitation and traffic signal upgrades or replacement. Through these improvements, the City of La Mirada is making an investment in its future, providing improved and safer neighborhood streets for its residents.

The City is in the process of implementing a substantial amount of infrastructure reconstruction, repair, and replacement work throughout the City. This work will be funded by a variety of sources, including local, state, and federal grants as well as funds from Measure I.

Twining was selected to provide on-call consulting services for construction inspection and geotechnical engineering services. Projects completed in the last five years under our contract with the City have included the following:
» 2021 Capital Improvements Phase 6
» 2019 Slurry Seal
» 2019 Capital Improvements Phase 5
» 2018 Leffington Road Rehabilitation

CITY OF

LA MIRADA
On-Call Consulting Service
Owner Name » City of La Mirada
Reference » Eric Villagracia
» p: 562.902.2373
» e: evillagracia@
cityoflamirada.org
» a: 15515 Phoebe Avenue
La Mirada, CA 90638
Key Personnel » Paul Soltis, PE, GE
Project Executive
» Amir Ghavizaboo, PhD,
Project Manager
» Adrian Moreno, PE
Project Engineer
Start Date
» 01/2017
Completion Date » Ongoing

Twining has been selected by the City of Glendale’s Public Works Engineering Division to provide on-call geotechnical and soils engineering, materials testing, and report review services for the Public Works Engineering Division’s capital improvement program and land development projects.

Under this on-call contract, Twining has provided series on the following projects:
» Bicycle Transportation Plan Project Phase 3 Slurry Seal Placement » Soil Testing and Recommendations for Montrose Community Park » Melwood Drive and Delisle Court Slope Repair

CITY OF

GLENDALE
On-Call Geotechnical and Materials Testing
Owner Name » City of Glendale
Reference » Sarkis Oganesyan
» p: 818.548.3945
» e: soganesyan
@glendaleca.gov
» a: 633 East Broadway #209,
Glendale, CA 91206
Key Personnel » Paul Soltis, PE, GE
Project Executive
» Amir Ghavizaboo, PhD,
Project Manager
» Liangcai He, PhD, PE, GE
Chief Geotechnical Engineer
» Adrian Moreno, PE
Project Engineer
Start Date
» 01/2017
Completion Date » Ongoing

Twining, Inc. | City of Fountain Valley 17

CITY OF

LONG BEACH
On-Call Materials Testing and Inspection
Since 2004, the City of Long Beach has chosen Twining to provide geotechnical engineer, material testing, and inspection services on an on-call basis for Public Works infrastructure and facility-related improvement projects over multiple, consecutive contracts.

Our geotechnical services have included numerous geotechnical investigations for a wide range of both vertical and horizontal community construction projects, as well as various roadway design projects. They also consist of material testing, including concrete, masonry, aggregates, asphalt, and asphalt plant inspection, soil, epoxies, metals, steel reinforcement and welds, diamond bit coring of asphalt, concrete or masonry, road rating and profilograph testing of street and other general laboratory materials testing. All testing is performed in accordance with the “Standard Specifications for Public Works Construction”, Caltrans and Federal Aviation Administration (FAA) current standards.

Our services also include deputy inspection services involving grading, reinforced concrete, prestressed concrete, masonry, structural steel, steel moment and ductile frames, welding, pile driving, high strength bolts, epoxy anchors, fireproofing, structural observation, and special cases as required by the Building Official. Special inspections are duly certified by the Instructional Code Council (ICC) and other applicable governing agencies.

Recently projects under our contract with the City have included the following:

Owner Name » City of Long Beach
Reference » Onofre Ramirez, PE
» p: 562.570.6189
» e: onofre.ramirez@
longbeach.gov
» a: 411 West Ocean Boulevard
Long Beach, CA 90802
Key Personnel » Paul Soltis, PE, GE
Project Executive
» Amir Gavizaboo, PhD,
Project Manager
» Adrian Moreno, PE
Project Engineer
Start Date
» 01/2004
Completion Date » Ongoing
» 2021 3rd Street Rehabilitation
» 2020 Temple Avenue Rehabilitation
» 2020 Junipero Beach Concession Renovations and
Site Improvements
» 2020 Granada Beach Concession Water Play,
Renovations and Site Improvements
» 2020 Palo Verde Avenue Alley Rehabilitation
» 2020 MUST Percolation Testing
» 2020 Obispo Avenue Rehabilitation
» 2020 Del Amo Boulevard Improvement
» 2020 MUST Facility Street Improvements
» 2019 2nd Street Bike Path Project Geotechnical
Evaluation

Understanding of and
Proposed Approach to the
RFQ Scope of Work

Twining, Inc. | City of Fountain Valley 18

UNDERSTANDING

AND PROPOSED APPROACH
Project Understanding
Twining understands that the City is seeking
qualified firms to provide as-needed material
testing and laboratory services to assist in
verification of materials for various capital
improvement projects including arterial
and residential pavement rehabilitation and
resurfacing projects, sewer line structural
repairs, sidewalk improvement projects and
arterial median landscape projects. Testing and
inspection will be performed in accordance
with applicable City Standard Plans, Greenbook
Specifications, Caltrans Standards, and project
Plans and Specifications.

Our Innovate Approach
Twining will assign a project manager and an
project engineer to each project. At the start of
the project, it the project manager will familiarize
themself with plans and specifications,
understand the scope of the project. Throughout
the project, it is the main responsibility of the
project manager to arrange for dispatched,
review the reports address any potential issue
during the project. The project engineer will be
copied on all communications and will be up
to date regarding to the progress of the work.

In the absence of the project manager, the
project engineer will take all the responsivities
and will make sure all the requirements of the
project fulfilled according to the contract. If
the changes in the personnel, involved in the
project is permanent, the City will be notified,
and authorizations will be obtained prior to
proceeding with the project.

Up on receiving a Notice To Proceed or a task
order from the City, Twining’s project manager
gather all plans and specifications regarding to
the job and find out about the schedule of the
work. Depending on the type of the inspection
required, Twining’s project manager will arrange
for a dispatch to perform the following tasks:

Soils
The purpose of earthwork observation and
testing is to verify that the work is done
in compliance with the approved plans
and specification, in particular with the
recommendations of the project geotechnical
report. Twining’s soil inspector provides the
following verification, testing, and reporting
services:

Verification
» Verify materials below footings are adequate
» Verify excavations are extended to proper
depth and have reached proper material
» Perform classification and testing of controlled
fill materials
» Verify use of proper materials, densities,
and lift thickness during placement and
compaction
» Prior to placement of controlled fill, observe
subgrade and verify that site has been
prepared properly
Testing
» Subgrade materials, native-fill materials,
imported materials, and additive materials
are delivered to the laboratory for testing
» Soils testing technician performs soils
classification and properties tests on native
and/or imported soils
» Performes laboratory moisture-density
relationship tests or other structural property
tests
» Conducts laboratory testing to determine
soils’ properties resulting from admixtures
such as cement or lime, as applicable
» In the field, conduct in-place field density and
moisture tests
» Periodically sample materials in the field to
verify continued compliance with specification
requirements
Reports
Written progress reports are submitted
describing the tests and observations made
and showing the action taken to correct
nonconforming work
Asphalt Concrete
The purpose of observation and testing of
Hot Mix Asphalt (HMA) and Rubberized Hot
Mix Asphalt (RHMA) paving is to verify that
paving contractors exercise adequate quality
control of their operations and are providing a
finished product that complies with the project
plans and specifications. Adequate sampling
is also required in accordance with the Quality
Assurance Plan. For the Asphalt Placement,
Twining’s inspector will provide the following
services:

Sampling
» Sample and perform preliminary tests on
proposed aggregates and asphalt cement to
verify Job Mix Formula (JMF)
Twining utilizes two innovative approaches when it comes to providing agencies with as-need material testing and inspection services. The first of these is or single point of contact project management approach. This approach both streamlines the process the City needs to implement for requesting as-need services. A further innovation utilized by our firm is our use of digital field

Twining, Inc. | City of Fountain Valley 19
Subgrade and Base
» Confirm that sources of materials have been
sampled and approved
» Verify that materials delivered are of uniform
quality
» Verify that control testing of subgrade
materials is being performed and recorded
» Verify that subbase and base courses are
of the source, type, thickness, and density
specified
» Verify that soil stabilization is provided
Plant
» Inspector familiarizes himself with the
appearance and physical characteristics of the
mix so that unsatisfactory conditions may be
readily recognized
» Check the plant facilities prior to production
of HMA or RHMA
» Check aggregates in stockpile to verify
conformance to materials utilized in the
design
» Check the temperature and weights of the
aggregate fractions and asphalt cement
» Check the mixing temperature and the
temperature of the mixed batches on the
truck
» Conduct sampling of the asphalt cement and
blended aggregates to verify the JMF is within
tolerance
» Before loading, truck beds are checked for
cleanliness and absence of materials that
might be detrimental to the mix. Ensure
trucks are tarped after loading.
» Coordinate with job site inspector to obtain a
uniform and consistent HMA
Spreading and Paving
» Field inspector contacts plant inspector
immediately if observed conditions during
placement and spreading suggest a need for
a change at the plant. Following items are
addressed prior to and during placement:
» Area to be paved, cleaned, crack sealed, and
properly primed or tack coated
» Leveling source installed where required
» Suitability of spreading and paving
equipment
» Ambient and base temperature noted
» Mix temperature when delivered, during,
and after final rolling is within limits
» Density tests by nuclear gauge during
rolling
» Thickness control by adequate placement
and compaction
» Sampling of HMA and RHMA at jobsite
during placement for laboratory testing
» Core samples taken for verification of
thickness and in-place density of the mat
» Application of seal coat and curing
Verification
» Stability and air voids
» Asphalt content and gradation by extraction
» Physical properties of the asphalt cement:
penetration, viscosity, softening point,
resilience, ductility, and specific gravity
» Aggregate quality: gradation, LA abrasion,
and equivalent, fractured faces, uncompacted
voids, etc.
» Thickness and Field density of core samples
» Smoothness tolerance
Reports
Reports are submitted describing the
observations made and showing the action
taken to correct nonconforming work, including
itemized changes authorized by the architect/
engineer. All deviations from plans or
specifications are reported.

Concrete Batch Plant
The purpose of batch plant observation is to
verify that the concrete supplier is exercising
adequate quality control to produce concrete
that will meet the project requirements for
materials, their batch proportions, and mixing
and adjustment for moisture. Twining performs
the following observation duties:

Equipment
» Check the trucks for worn out or damaged fins
for excessive buildup of hardened concrete
and for the presence of wash water from the
previous delivery
» Check the National Ready-Mix Concrete
Manufacturers Association truck rating
plate and verify that load capacities are not
exceeded
» Check the current “weights and measures”
seal on scales
» Verify that the moisture metering device is
operable
» Verify that the scales start at and return to zero
after each weighing operation
» Verify that the metering devices for
admixtures have been calibrated
Materials, Storage, Handling
» Visualy check the sand and coarse aggregate
for method of storage, handling, source,
grading, cleanliness, and moisture condition
» Obtain samples of aggregates, when specified

Twining, Inc. | City of Fountain Valley 20
» Obtain grab samples of cement and
pozzolanic materials, when specified
» Check cement temperature
» For lightweight aggregates, check loose moist
unit weight regularly and verify whether
the plant is making proper adjustments to
batch weights to compensate for variations in
weight as well as in moisture
Batching of Materials
» Record the volume of cubic yards for each
class of concrete delivered
» Verify that the specified materials are
dispensed to the weight hopper and record
the adjusted batch weights
» Verify that the proper adjustments have been
made for variations in moisture of aggregates
» Record the mixing time and check whether it
is sufficient
» Visually estimate the slump of the concrete
and report immediately to the operator any
slumps outside the specified tolerance
» Coordinate with the job site and verify the “as
delivered” slump, air content, unit weight,
mix temperature, general workability, and
preparation of test samples
Reports
Twining submits written progress reports
describing the tests and observations made
and showing the action taken to correct
nonconforming work. The reports itemize any
changes authorized by architect/engineer
and all uncorrected deviations from plans or
specifications.

Concrete
Quality assurance for concrete is divided into
two phases. The first involves collecting evidence
from standard tests to verify that the delivered
concrete was produced to the standards
specified. The second involves verifying that
the proper construction practices are followed
during placement, finishing, and curing. Twining
performs the following observations, sampling,
and testing duties:

Observation
» Verify formwork is of proper size and shape
» Verify that the location and preparation of
construction joints are in compliance
» Check forms for cleanliness and proper
treatment prior to placement
» Visually estimate the slump of each batch
delivered and perform slump tests regularly
» Determine concrete temperature, number
of mixing revolutions, and/or length of time
since batching
» Observe placement procedures for evidence
of segregation, possible cold joints,
displacement of reinforcing or forms, and
proper support of embedded items, anchor
bolts, etc.
» Observe methods used for compaction/
consolidation
» When specified, verify that concrete is
protected from temperature extremes and
that proper curing is initiated When specified,
verify maintenance of cure temperatures and
techniques
Sampling and Testing
» Sample and test fresh concrete for the
following (or as stipulated by plans and
specifications):
» Slump
» Temperature
» Entrained air, when required
» Wet unit weight, when required
» Sample concrete and prepare test cylinders in
accordance with ASTM C31.
» Field sampling and testing of concrete will be
performed by a qualified technician, certified
by ACI as a Concrete Field Testing Technician –
Grade 1 (or approved equal)
Reports
Twining submits written progress reports
describing the tests and observations made
and showing the action taken to correct
nonconforming work. The reports itemize any
changes authorized by architect/engineer
and all uncorrected deviations from plans or
specifications.

Final QA report
Upon completion of each project or Task Order,
the project manager will assemble a final QA
report which incorporate a summary of all tasks
performed, all daily field reports, Laboratory test
results, Corrective actions (if any) and credentials
of the people who were involved in the project.

The Final QA report will be signed by the project
manager and will be submitted to the City of
their review.

Forms

Twining, Inc. | City of Fountain Valley Forms

NON-COLLUSION

DECLARATION FORM

NON-COLLUSION DECLARATION
The undersigned declares:

I am the_________________ of ________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on _____________ (date) at _______________(city), California.
_____________________________ ____________________________

SIGNATURE TITLE

Vice President, Geotechnical Operations Twining, Inc.
4/22/2021
Long Beach
Vice President, Geotechnical Operations

Twining, Inc. | City of Fountain Valley Forms
VENDOR

APPLICATION FORM
Vendor Application Form
TYPE OF APPLICANT: ☒ NEW ☐ CURRENT VENDOR
VENDOR NAME: TWINING, INC.

PHYSICAL ADDRESS: 2883 EAST SPRING STREET, SUITE 300, LONG BEACH. CA 90806 REMITTANCE (MAILING) ADDRESS: 2883 EAST SPRING STREET, SUITE 300, LONG BEACH, CA 90806 IS YOUR BUSINESS: (CHECK ONE)
☒ CORPORATION ☐ INDIVIDUAL ☐ PARTNERSHIP
☐ LIMITED LIABILITY PARTNERSHIP ☐ SOLE PROPRIETORSHIP ☐ UNINCORPORATED ASSOCIATION TAX ID NUMBER: 95-2040084 (FOR INDIVIDUALS, PLEASE PROVIDE SOCIAL SECURITY NUMBER) VENDOR CONTACT INFORMATION:

CONTACT: PAUL SOLTIS, PE, GE TITLE: VICE PRESIDENT, GEOTECHNICAL ENGINEERING PHONE: 562.426.3355 FAX: 562.426.6424
EMAIL ADDRESS: [email protected]
ATTACHMENTS TO THIS FORM:
• ☒ A CURRENT COMPLETED AND SIGNED W-9

Twining, Inc. | City of Fountain Valley Forms
04/22/2021

Thank you for your consideration.

Schedule of Fees 2020 - 2021
NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.

Personnel Rates: Per Hour Unless Otherwise Noted
Engineering and Consulting Personnel Rate Equipment Usage (Daily Unless Otherwise Noted) Rate Senior Principal Advisor/Consultant $ 310.00 Skidmore $ 40.00 Principal Engineer/Geologist $ 210.00 Torque Wrench, Small $ 15.00 Metallurgical Engineer $ 320.00 Torque Wrench, Large $ 25.00 Registered Geotechnical Engineer $ 200.00 Torque Multiplier $ 40.00 Technical Advisor $ 200.00 Air Meter $ 20.00
Material Scientist, Welding/NDT Consultant $ 210.00 Brass Mold $ 20.00 Registered Geologist/Certified Engineering Geologist $ 195.00 Nuclear Gauge (Per Hour) $ 10.00 Senior Engineer/Geologist $ 180.00 Pull Test Equipment $ 60.00 Registered Civil Engineer $ 175.00 Concrete/Asphalt Coring Equipment $ 600.00 Roofing/Waterproofing Consultant $ 200.00 Pachometer $ 55.00 Project Engineer/Manager $ 170.00 Floor Flatness (Dipstick) $ 50.00 Quality Control Manager $ 160.00 Schmidt Hammer $ 30.00 Senior Staff Engineer/Geologist $ 155.00 Vapor Emission Test Kits $ 30.00 Staff Engineer/Geologist $ 150.00 Relative Humidity Probe $ 60.00 Quality Control Administrator $ 140.00 UPV (Ultrasonic Pulse Velocity) Meter $ 350.00 Metallurgical Technician $ 115.00 Fireproofing Adhesion/Cohesion (Per Test) $ 35.00 CADD Operator/Draftsperson $ 102.00 A Scan Ultrasonic Equipment and Consumables $ 75.00 Field Supervisor $ 135.00 Magnetic Particle Equipment and Consumables $ 40.00 Safety Supervisor $ 135.00 Liquid Penetrant Consumables $ 35.00 Laboratory Manager $ 120.00 Phased Array Ultrasonic Equipment (Per Hour) $ 60.00 Laboratory Technician $ 95.00 Ground Penetrating Radar $ 300.00 Expert Witness Testimony $ 550.00 Impact Echo $ 350.00
Qualified SWPPP Developer $ 155.00 Ultrasonic Tomography $ 450.00 Qualified SWPPP Practitioner $ 140.00 Inertial Profiler (Per Hour) Quotation Vibration Engineer $ 180.00 Project Dedicated Vehicle $ 110.00 NOTE:Hourly rate multiplier for participating in legal procedures is 1.75 times. Roller Compacted Concrete Vibrating Hammer/Tampling Plate $ 70.00 Half-cell Potential Equipment Set $ 350.00
Concrete Electrical Resistivity Meter $ 160.00
Field Inspection Personnel Rate Field Hardness (Steel) $ 100.00 Concrete/Reinforced Steel Inspector $ 118.00 Coating Thickness Gauge $ 100.00 Prestressed/Post Tensioned Inspector $ 118.00 Wood Curing Box (Per Box) $ 500.00 Concrete ICC Inspector $ 118.00 Temperature Control Curing Box (Per Month) $ 450.00 Drilled-In-Anchor Inspector $ 118.00 Temperature Matching Curing Box (Per Month) $ 520.00 Gunite/Shotcrete Inspector $ 118.00
Masonry Inspector $ 118.00
Structural Steel/Welding Inspector $ 118.00 Specimen Pick-Up Rate AWS Certified Welding Inspector $ 118.00 Standard Sample: Concrete Cylinders (Each) $ 25.00 Fireproofing Inspector $ 118.00 Standard Sample: Mortar/Grout Cubes and Cores, $ 25.00 Lead Inspector $ 121.00 Fireproofing, Rebar, and Epoxy Prisms (Each) Firestop Special Inspector - IFC Premier $ 135.00 Oversize Sample: Masonry Prisms, Shotcrete Panels, $ 60.00 Firestop Special Inspector - IQP $ 180.00 Flexural Beams (Each) L.A. Deputy Grading Inspector $ 125.00 Technician for Specimen Pick-Up Not Listed Above $ 95.00 Asphalt Field and Plant Inspector/Technician $ 118.00 (Per Hour, 2-Hour Minimum) Pile Driving Inspector $ 118.00 Technician for Specimen Pick-Up Before 5:00 a.m. $ 120.00 Soils Technician $ 118.00 or After 5:00 p.m. Monday thru Friday, or All Day Saturday Concrete Quality Control (ACI/Caltrans Technician) $ 118.00 (Per Hour, 2-Hour Minimum Plus Mileage) Wood Framing Inspector $ 118.00
Roofing/Waterproofing Inspector $ 125.00
Mechanical Inspector $ 150.00 Jobsite Trailer, Mobile or On-site Laboratory Rate Electrical Inspector $ 150.00 Mobile laboratory for rapid strength concrete $ 500.00 Plumbing Inspector $ 150.00 (per shift not exceeding 12 hours) Building Inspector $ 150.00 All others by quotation
Vibration Monitoring Technician $ 118.00
Field Engineering Technician $ 123.00
NOTE:Hourly rate multiplier for participating in legal procedures is 1.75 times. Concrete Tests (Field Made Specimens) Rate 6" x 12" Cylinder: Compression Strength $ 38.00
(ASTM C39)
Shop Inspection Personnel Rate 4" x 8" Cylinder: Compression Strength $ 33.00 Structural Steel Fabrication Inspector $ 118.00 (ASTM C39) Batch Plant Quality Control Technician/Inspector $ 118.00 Density of Structural Lightweight Concrete $ 80.00 Glue-Laminated Fabrication Inspector Quotation Equilibrium or Oven Dry Method (ASTM C567) Pre-Cast Concrete/Pipe Fabrication Inspector $ 118.00 Core Compression including Trimming (ASTM C42) $ 65.00 6" x 6" x 18" Flexural Beams Not Exceeding $ 90.00
Referenced Size (ASTM C78, C293 or CTM 523)
Nondestructive Testing Personnel Rate Splitting Tensile Strength (ASTM C496) $ 90.00 NDE Ultrasonic Testing Technician $ 123.00 Modulus of Elasticity Test (ASTM C469) $ 260.00 NDE Magnetic Particle Testing Technician $ 123.00 Rapid Chloride Permeability Test: Cylinders or $ 500.00 NDE Dye Penetrant Testing Technician $ 123.00 Cores (ASTM C1202) Combination NDE Technician/Welding Inspector $ 123.00 Density, Absorption, and Voids in Hardened $ 500.00 Radiographic Testing (crew of 2) $ 325.00 Concrete (ASTM C642) NDE Engineer $ 190.00
Task
Code
10401
10403
20211
10405
80003
10305 80006
10409
10020
10325
10328 20205
20207
Task
Code
Task
Code
Code 20202
10301
10309 20203
20201
20209
10519 95360
10521
10523
50003 Task
70101
10107
60001 Task
10515 Code
30002
10122
10117
70109 20107
75001
70103 20109
10113
20101
10201
10203
20103/
10207
20104
10103
10105
Task
10109
Code
10111
20102
95357
Task
95364
Code
95367
10101
95372
30001
95370
95371
95373
90005 95345
91010
91000 95349
91030 95306
20000 95307
98000 95347
10019 95351
90001 95300
70107 95303
10005 95341
10007 95342
10015 95339
95327
10013 95336
30000 95330
70003 95343
10003 95333
10009 95348
Task
Code
10115
10501
95362
95368
95369
70000 95315
10010 95321
10011 95324
10026 95318
10001 95309
10017 95312
60003
1

Concrete Tests (Field Made Specimens),
Continued Rate Physical and Chemical Analysis of Fly Ash Rate Flexural Toughness (ASTM C1609, Formerly $ 800.00 Chemical Analysis of Fly Ash per $ 650.00 ASTM C1018) Standard Requirements (ASTM C618)
Double Punch Strength of Fiber Reinforced Concrete $ 500.00 Physical Testing of Fly Ash per Standard Requirements $ 650.00 Coefficient of Thermal Expansion of Concrete $ 550.00 (ASTM C618) (CRD 39, AASHTO T336) Partial Analysis or Specific Physical Tests Quotation Chemical Analysis and Physical Testing of Fly Ash per $ 1,200.00 Standard Requirements (ASTM C1618)
Concrete Specimen Preparation Rate
Sawing of Specimens (Each) $ 35.00 Physical Testing of Chemical Admixtures for Coring of Specimens in Lab (Each) $ 35.00 Concrete Rate Grinding of Concrete Below 6000 psi Strength (Each) $ 50.00 Qualification of Admixture per ASTM C494 Quotation Grinding of Concrete 6000 psi Strength and Above (Each) $ 75.00 Laboratory Trial Batch: Concrete, Cement Soils and Aggregate Tests Rate and Mortar Rate Abrasion: LA Rattler (ASTM C131) $ 200.00 Compression Test Cylinders Made and Tested in $ 55.00 Abrasion: LA Rattler (ASTM C535) $ 210.00 Laboratory (ASTM C192, C35) Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) $ 160.00 6" x 6" x 18" Flexural Beams Made and Tested in $ 95.00 California Bearing Ratio Excluding Maximum Density $ 550.00 Laboratory (ASTM C192, C78) (ASTM D1883): Soil
Splitting Tensile Strength Cylinders Made and Tested $ 110.00 California Bearing Ratio Excluding Maximum Density $ 650.00 in Laboratory (ASTM C192, C496) (ASTM D1883): Cement-Treated Soil Modulus of Elasticity Test Cylinders Made and Tested in $ 275.00 Cement-Treated Soil/Base Mix Design: includes three trial $ 3,500.00 Laboratory (ASTM C192, C469) cement contents with three unconfined compressive strength Density of Structural Lightweight Concrete Made in the $ 100.00 specimens per cement content Laboratory, Equilibrium or Oven Dry Method (ASTM C567) Chloride and Sulfate Content (CTM 417, CTM 422) $ 175.00 Laboratory Trial Batch (ASTM C192) $ 500.00 Clay Lumps and Friable Particles (ASTM C142) $ 200.00 Laboratory Trial Batch: Packaged Dry Concrete $ 950.00 Cleanness Value: 1" x #4 (CTM 227) $ 175.00 Including Verification of Slump, Air Content, Plastic Unit Cleanness Value: 1.5" x .75" (CTM 227) $ 275.00 Weight, Six Cylinders for Compressive Strength (ASTM Collapse Potential/Index (ASTM D5333) $ 225.00 C387 and C192) Compressive Strength of Molded Soil-Cement $ 105.00 Drying Shrinkage Up to 28 Days: Three 3" x 3" or $ 490.00 Cylinders (ASTM D1633) 4" x 4" Bars, Five Readings up to 28 Dry Days Consolidation Test: Full Cycle (ASTM 2435, CTM 219) $ 195.00 (ASTM C157) Consolidation Test: Time Rate per Load Increment $ 45.00 Additional Reading, Per Set of Three Bars $ 45.00 (ASTM D2435, CTM 219) Storage over Ninety (90) Days, Per Set of $ 30.00 Corrosivity Series: Sulfate, CI, pH, Resistivity $ 245.00 Three Bars, Per Month (CTM 643, 417, and 422)
Setting Time Up to 7 Hours (ASTM C403) $ 150.00 Crushed/Fractured Particles (ASTM D5821, CTM 205) $ 175.00 Bleeding (ASTM C232) $ 150.00 Direct Shear Test: Remolded and/or Residual $ 245.00 Concrete Restrained Expansion (ASTM C878) $ 550.00 (ASTM D3080) Mix, Make and Test Mortar or Grout Specimens for $ 500.00 Direct Shear Test: Undisturbed - Slow [CD] (ASTM D3080) $ 225.00 Compressive Strength: Set of 6 (ASTM C878) Direct Shear Test: Undisturbed - Fast [CU] (ASTM D3080) $ 195.00 Non-Shrink Grout: Height Change after Final $ 500.00 Durability Index: Per Method - A,B,C, or D $ 210.00 Set (ASTM C1090) (ASTM D3744, CTM 229)
Non-Shrink Grout: Height Change at Early $ 800.00 Expansion Index (ASTM D4829, UBC 18-2) $ 170.00 Age (ASTM C827) Fine Aggregate Angularity $ 190.00
Cracking Resistance, Set of Three Rings, $ 5,000.00 (ASTM C1252, CTM 234, AASHTO T304) Laboratory Trial Batching, Test Until Cracking or Flat and Elongated Particle (ASTM D4791) $ 240.00 up to 28 Days (ASTM 1581) Flat or Elongated Particle (ASTM D4791) $ 210.00 Evaluation of Pre-Packaged Masonry Mortars $ 1,100.00 Maximum Density: Methods A/B/C $ 190.00 (ASTM C270) (ASTM D1557, D698, CTM 216)
Creep (ASTM C512) (One Age of Loading, 12 Months $ 8,000.00 Maximum Density: Check Point (ASTM D1557, D698) $ 65.00 Duration of Testing) Maximum Density: AASHTO C [Modified] $ 195.00 (AASHTO T-180)
Chemical Analysis and Petrographic Maximum Index Density: Vibratory Table (ASTM D4253) $ 345.00 Examination of Concrete Rate Moisture Content (ASTM D2216, CTM 226) $ 25.00 Chemical Analysis for Acid Soluble Chlorides $ 250.00 Moisture and Density: Ring Sample (ASTM D2937) $ 30.00 (ASTM C1152) (includes sample prep) Moisture and Density: Shelby Tube Sample $ 40.00 Chloride Diffusion Coefficient of Cementitious $ 2,500.00 (ASTM D2937) Mixtures by Bulk Diffusion (ASTM C1556) Moisture-Density Relations of Soil-Cement $ 275.00 Petrographic Examination of Hardened Concrete, Level II Mixtures Premixed in the Field (ASTM D558) (ASTM 856) (Comprehensive) Moisture-Density Relations of Soil-Cement Mixtures $ 350.00 Each, One Sample $ 2,400.00 Mixed in the Lab (ASTM D558) Each, Two or More Samples $ 2,100.00 Organic Impurities (ASTM C40, CTM 213) $ 90.00 Permeability (ASTM D5084) Quotation
Potential Reactivity: Chemical Method (ASTM C289 - $ 525.00 Physical and Chemical Analysis of Cement Rate Discontinued Method) Physical Testing and Chemical Analysis of Portland $ 1,200.00 Potential Reactivity: Mortar Bar Expansion Method, $ 825.00 Cement per Standard Requirements (ASTM C150) 14-Day Exposure (ASTM C1260) Chemical Analysis of Portland Cement per $ 650.00 Potential Reactivity: Mortar Bar Expansion Method, $ 875.00 Standard Requirements (ASTM C150) 28-Day Exposure (ASTM C1260) Physical Testing of Portland Cement per $ 650.00 Potential Reactivity: Concrete Bar Expansion $ 2,700.00 Standard Requirements (ASTM C150) Method (ASTM C1293), 12 month Physical Testing of Type K Cement, Mortar $ 650.00 Potential Reactivity: Concrete Bar Expansion $ 2,900.00 Expansion (ASTM C806) Method (ASTM C1293), 24 month
Partial Analysis or Specific Physical Tests Quotation
Sulfates Resistance of Hydraulic $ 2,500.00
Cement (ASTM C1012), 6 months
Sulfates Resistance of Hydraulic $ 2,700.00
Cement (ASTM C1012), 12 months
70378
70325
80110
80111
Task
Code
80140
70335
80123
30507
30508
80193
70331
80129
70333
Task
Code
80195
30203
75004
30227
70315
30229
30211
20263
80106
70337
70398
30401
70343
80001
70394
70399
80103
Code
70339
30225
Code
30217
30219
70305
70341
70340
70391
70342
80194
80100
30230
30231
30233
70317
30234
70319
70321
Task
20265
30232
30207
30403
30209
30321
70309
70311
70313
30205
Code
80143
80146
80147
70301
70303
80196
70304
70344
30322
30201
70393
70396
30503
30505
30223
40005
40009
Task
Task
Code
20151
20157
40006
20159
20160
Task
Code
Task
Code
Task
70336
2

Soils and Aggregate Tests, Continued Rate Asphalt Concrete Tests, Continued Rate Potential Reactivity of Aggregate Combination, non-standard $ 950.00 Wet Track Abrasion Test (ASTM D3910) $ 165.00 method; 14-Day Exposure, Mortar (after ASTM C1567) Hveem Mix Design (Excluding Aggregate Quality Tests) $ 3,400.00 Potential Reactivity of Aggregate Combination, non-standard $ 1,000.00 Hveem Mix Design, with RAP (Excluding Aggregate $ 3,800.00 method; 28-Day Exposure, Mortar (after ASTM C1567) Quality Tests, RAP Qualification) R-Value: Soil (ASTM 2844, CTM 301) $ 440.00 Hveem Mix Design, with Lime (Excluding Aggregate $ 3,800.00 R-Value: Aggregate Base (ASTM D2844, CTM 301) $ 490.00 Quality Tests) Sand Equivalent (ASTM D2419, CTM 217) $ 125.00 Hveem Mix Design Caltrans Untreated Mix $ 4,650.00 Sieve #200 Wash Only (ASTM D1140, CTM 202) $ 90.00 (Including Aggregate Quality Tests) Sieve with Hydrometer: 3/4" Gravel to Clay (ASTM D422, $ 250.00 Hveem Mix Design Caltrans Lime Treated Mix $ 4,650.00 D7928, CTM 203) (Including Aggregate Quality Tests)
Sieve with Hydrometer: Sand to Clay (ASTM D422, $ 240.00 Marshall Mix Design (Excluding Aggregate Quality Tests) $ 3,400.00 D7928, CTM 203) Marshall Mix Design with RAP (Excluding Aggregate $ 3,800.00 Sieve Analysis Including Wash (ASTM C136, CTM 202) $ 150.00 Quality Tests) Sieve Analysis Without Wash (ASTM C136, CTM 202) $ 120.00 Marshall Mix Design with Lime (Excluding Aggregate $ 3,800.00 Sieve Analysis: Split Sieve (ASTM C136, CTM 202) $ 240.00 Quality Tests) Sieve Analysis Without Wash: With Cobbles $ 235.00 Open Grade Asphalt Concrete Mix Design $ 1,700.00 (ASTM C136, CTM 202) (ASTM D7064, CTM 368)
Soundness: Sodium or Magnesium Sulfate, $ 450.00 Superpave Mix Design (Excluding Aggregate Quality Tests) $ 4,900.00 5 Cycles (ASTM C88) Superpave Mix Design, with RAP $ 6,500.00 Specific Gravity and Absorption: Coarse $ 100.00 (Excluding Aggregate Quality Tests) (ASTM C127, CTM 206) Effect of Moisture on Asphalt Paving Mixtures, Pre-Mixed $ 1,000.00 Specific Gravity and Absorption: Fine $ 165.00 (ASTM D4867, AASHTO T283) (ASTM C128, CTM 207) Hamburg Wheel Track Test, 20,000 passes, 4 briquettes $ 1,100.00 Swell/Settlement Potential: One Dimensional $ 150.00 (AASHTO T324) (ASTM D4546) Raveling Test of Cold Mixed Emulsified Asphalt $ 200.00 Triaxial Quotation (ASTM D7196)
Unconfined Compression (ASTM D2166, CTM 221) $ 190.00 Marshall Stability, wet set, 3 replicates (AASHTO T245) $ 350.00 Unit Weight Per Cubic Foot (ASTM C29, CTM 212) $ 125.00 Marshall Stability, dry set, 3 replicates (AASHTO T245) $ 300.00 Voids in Aggregate with Known Specific Gravity $ 125.00 Cold Recycled Asphalt Mix Design: 2 gradings each, $ 10,500.00 (ASTM C29, CTM 212) 3 emulsion content (Caltrans LP-8)
Lightweight Particles: Coarse, with Two Solutions (ASTM C123) $ 410.00 Superpave Mix Design, with Rubber $ 6,600.00 Lightweight Particles: Fine, with One Solution (ASTM C123) $ 205.00 (Excluding Aggregate Quality Tests) Superpave Mix Design, with Additives $ 5,790.00
(Excluding Aggregate Quality Tests)
Asphalt Concrete Tests Rate
HMA Mixing and Preparation $ 125.00
HMA Mixing and Preparation with Aggregate Treatment $ 175.00 Brick Masonry Tests, ASTM C67 Rate Bulk Specific Gravity of Compacted Sample or $ 55.00 Modulus of Rupture: Flexural $ 90.00 Core: SSD (ASTM D2726, CTM 308C) Compression Strength $ 55.00 Bulk Specific Gravity of Compacted Sample or $ 80.00 Absorption: 5 Hour or 24 Hour $ 60.00 Core: Parafin Coated (ASTM D1188 and CTM 308A) Absorption (Boil): 1, 2 or 5 Hours $ 90.00 Emulsion Residue, Evaporation (ASTM D244) $ 160.00 Initial Rate of Absorption $ 50.00 Extraction: % Bitumen (ASTM D6307, CTM 382) $ 160.00 Efflorescence $ 70.00 Extraction: % Bitumen and Gradation $ 215.00 Cores: Compression $ 65.00 (ASTM D5444, D6307, CTM 202, 382) Shear Test on Brick Cores: 2 Faces $ 90.00 Extraction: % Bitumen, Correction Factor $ 350.00
(ASTM D6307, CTM 382)
Chemical Extraction: % Bitumen and Sieve Analysis $ 245.00 Concrete Block, ASTM C140 Rate (ASTM D2172 Method A or B, ASTM D5444) Compression $ 85.00 Lab Tested Maximum Density: Hveem, 3 briquettes $ 215.00 Absorption/Moisture Content/Oven Dry Density $ 85.00 (ASTM D1561, D1188, CTM 304, 308) Linear Shrinkage (ASTM C426) $ 225.00 Hveem Stabilometer Test, Premixed, 3 briquettes $ 215.00 Web and Face Shell Measurements $ 45.00 (ASTM D1560, D1561, CTM 304, 366) Tension Test $ 155.00 Lab Tested Maximum Density: Marshall, $ 210.00 Core Compression $ 65.00 3 briquettes (ASTM D6926, D2726) Shear Test of Masonry Cores: 2 Faces $ 90.00 Lab Tested Maximum Density: Marshall $ 215.00 Efflorescence Tests $ 70.00 6'' Specimen, 3 briquettes (ASTM D5581, D2726)
Lab Tested Maximum Density: Superpave Gyratory $ 80.00
Compacted Briquette, SSD, 1 briquette Masonry Prisms, ASTM C1314 Rate (ASTM D6925, D2726) Compression Test: Composite Masonry $ 190.00 Lab Tested Maximum Density: Superpave Gyratory $ 90.00 Prisms Up To 8" x 16" Compacted Briquette, Parafin, 1 briquette Compression Test: Composite Masonry $ 250.00 (ASTM D1188, D6925) Prisms Larger Than 8" x 16"
Maximum Theoretical Specific Gravity [RICE] $ 160.00 Prism Cord Modulus of Elasticity $ 540.00 (ASTM D2041, CTM 309) Prism Cord Modulus of Elasticity with Transverse $ 665.00 Marshall Stability and Flow, Cored Sample, each $ 80.00 Strain (for double-wythe specimen) (ASTM D6927)
Marshall Stability and Flow, Premixed, 3 briquettes $ 230.00 (ASTM D6926, D6927) Mortar and Grout Rate
Marshall Stability and Flow, Gyratory Compacted $ 230.00 Compression: 2" x 4" Mortar Cylinders (ASTM C780) $ 55.00 Specimen Pre-Mixed, 3 briquettes Compression: 3" x 3" x 6" Grout Prisms, $ 40.00 (ASTM D5581, D6925) Includes Trimming (ASTM C1019)
Marshall Stability and Flow 6'' Specimen, Premixed, $ 230.00 Compression: 2" Cubes (ASTM C109) $ 55.00 3 briquettes (ASTM D5581) Compression: Cores (ASTM C42) $ 65.00 Moisture Content (CTM 370) $ 85.00
75099
75090
75005
20331
20321
20327
75093
75096
75075
75094
75095
20355
20357
20329
20333
20339
Task
20347
Code
75050
75052
75069
75066
75063
75107
20341
20343
20346
75084
75087
75028
75033
20351
20353
20301
Code
75049
75106
75051
Code
75070
75040
20311
Task
Code
75032
20313
75083
20335
Task
75113
75109
70369
30317
30319
70360
75114
20315
Task
75048
20323
Task
75042
75057
75115
70361
70363
70365
70367
75068
75067
70371
75111
75039
70373
Code
20303
20305
20307
20309
75031
30411
30412
75036
75030
75024
75027
70397
70392
70345
70351
70353
Task Task
Code Code
70349
70347
70359
70357
70355
3

Machining and Preparation of Tensile and Bend
Masonry Specimen Preparation Rate Sample: Carbon Steel Rate Cutting of Cubes or Prisms $ 65.00 Machinist: Initial Preparation from Mock-up, Etc. $ 95.00 (Per Hour)
Sawcut to Overall Width (Per 0.5" Thickness or $ 50.00
Fireproofing Tests Rate Fraction Thereof) $ 55.00
Oven Dry Density (ASTM E605) $ 70.00 Machine to Test Configuration: Milled Specimens $ 70.00 Machine to Test Configuration: Turned Specimens $ 135.00 (Per 0.5" Thickness or Fraction Thereof)
Gunite and Shotcrete Tests Rate Prepare Subsize Specimens (Per 0.5" Thickness $ 85.00 Core Compression Including Trimming (ASTM C42) $ 65.00 or Fraction Thereof) Compression: Cubes (Includes Saw Cutting) $ 85.00
Concrete Roof Fill: Gypsum, Vermiculite, Perlite, Charpy Impact Rate Lightweight Insulating Concrete, Etc. Rate Charpy Impact Ambient Temperature $ 90.00 Compression Test (ASTM C495 and C472) $ 55.00 Charpy Impact Reduced Temperature $ 110.00 Air Dry Density (ASTM C472) $ 40.00
Oven Dry Density (ASTM C495) $ 65.00
Machining of Charpy Samples: Carbon Steel Rate
Cutting and Milling (Per 0.5" or Fraction Thereof) $ 80.00 Reinforcing Steel, ASTM A615, A706 Rate Final Machining to Sample Configuration $ 90.00 Tensile Test: # 11 or Smaller $ 60.00
Bend Test: # 11 or Smaller $ 55.00 Prestressing Wires and Tendons, Bend Test #14 or #18 $ 350.00 (ASTM A416) Rate
Tensile Test: # 14 $ 240.00 Stress-Strain Analysis: Wire or Strands $ 180.00 Tensile Test: # 18 $ 340.00 (Including Chart and Percent Offset) Tensile Test Only $ 135.00
Reinforcing Steel - Welded or Coupled Tendons Quotation Specimens Rate
Tensile Test: Welded/Coupled #11 and Smaller $ 70.00 Polymer Matrix Composite Materials Tensile Test: Welded/Coupled #14 $ 250.00 (Fiberwrap) Rate Tensile Test: Welded/Coupled #18 $ 375.00 Tensile Strength – Set of 5 Specimens/batch/ $ 1,350.00 Weld: Macroetch $ 75.00 direction (ASTM D3039)
Slippage Test - Caltrans (CTM 670) $ 200.00 Tensile Strength – Additional Specimens $ 250.00 Tensile Test: Welded Hoops #11 and Smaller $ 145.00 (ASTM D3039) Heating Chamber Time – Per 24 hr period $ 95.00
Metal and Steel Testing Rate Calibration Services and Universal Machine Tensile Strength: Up to 100K Pounds (Each) $ 65.00 Usage Rate Tensile Strength: Up to 200K Pounds (Each) $ 75.00 Calibration/Verification Services Quotation Tensile Strength: Up to 300K Pounds (Each) $ 90.00 Universal Test Machine Usage (Per Hour) $ 350.00 Tensile Strength: Up to 400K Pounds (Each) $ 140.00
Tensile Strength: 400K to 600K Pounds (Each) $ 350.00 Ceramic Tile Testing Division Rate Tensile Strength: Stress-Strain Percent Offset $ 175.00 Weld: Macroetch $ 75.00
Weld: Fracture $ 40.00
Bend Test $ 55.00
Flattening Test $ 70.00
Hardness Test (ASTM E18) $ 80.00 Cylic and Fatigue Testing Programs on Special Products/Parts Quotation Bolt: Axial Tensile Test (Up to 7/8" diameter) $ 50.00 Engineering and Technical supports/Design of Prototypes and Special Bolt: Wedge Tensile Test (Up to 7/8" diameter) $ 65.00 Test Set-Up Quotation Bolt: Axial Tensile Test (Greater than 7/8" $ 70.00 Fastener/Coupling Full Testing Program Per New Regulations: Tension, up to 1" diameter) Tension/Bend, Shear, Double Shear, 8 Compressions Quotation Bolt: Wedge Tensile Test (Greater than 7/8" $ 90.00 Fiberglass/Composite Materials Field Testing Program (ASTM D1143 up to 1" diameter) D1242, D2584, D4065, D4476, D4923, D7901, D7921, and D732) Quotation Bolt: Axial Tensile Test (Greater than 1" diameter) Quotation Field Testing of Structures and Structural Elements Quotation Bolt: Wedge Tensile Test (Greater than 1" diameter) Quotation In-Place Shear Testing Quotation Bolt: Proof Load Test (Up to 7/8") $ 75.00 Materials and/or Product Evaluation Per Specifications Quotation Bolt: Proof Load Test (Greater than 7/8" up to 1" diameter) $ 95.00 Structural Dynamic Testing and Durability Analysis Quotation Bolt: Proof Load Test (Greater than 1") Quotation
Nut: Proof Load Test (Up to 7/8") $ 55.00
Nut: Proof Load Test (Greater than 7/8" up to 1" diameter) $ 75.00 Nut: Proof Load Test (Greater than 1") Quotation
Chemical Testing of Metal and Steel Rate
Steel Chemical Analysis $ 160.00
Weight of Galvanized Coating (ASTM A90) $ 75.00
80176 Epoxy Coating Thickness $ 80.00
20619
80173
Task
Code
20609
20707
Code
20601
20708
20603
20634
20630
Code
80170
20605
20640
20641
20545
20611
20631
20607
20529
20532
Code
20801
The Ceramic Tile Institute of America (CTIOA) and Twining worked together to advance and develop technology designed to enhance the quality of materials and workmanship in the ceramic tile industry. A separate schedule of fees for these services is available upon request.

Task
Task
Code
20706
Task
20637
20638
20639
20636
20635
20531
20633
20803
Task
20632
20617
20753
Code
Task
Code
20155
20507
Code
20615
20361
20365
20501
20503
20525
20547
Task
20371
20373
20379
Task Code
20521
20701
20621
Code
20755
Task
20523
20705
20623
Task
20703
20504
20505
Task
Code
Code
20780
20783
Code
20401
20751
Task
Task
20757
Task
Code
20759
4

General Conditions
NOTE: Field inspection work conditions are established by contract with Operating Engineers, Local 12.

NOTE: A minimum of 24 hours notice is required for testing and inspection services.

NOTE: For projects subject to a Project Labor Agreement (PLA), if terms/conditions of the PLA are more restrictive those terms/conditions will apply.

NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.

Administrative Fees
All administrative costs including report distribution and Twining ConstructionHive system are billed at the following percentage of the monthly invoice total:

Note that hard copies of reports will be sent only to governing jurisdictions that mandate them. All other parties will receive reports electronically. The administrative fee above will receive reports electronically. The administrative fee above will be increased by 1% if additional hard copies of reports are requested.

Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2-Hour Minimum: Inspector arrives at jobsite, no work to perform. 4-Hour Minimum: 1 to 4 hours of inspection
8-Hour Minimum: Over 4 to 8 hours of inspection
Regular Time
The first 8 hours worked Monday through Friday between 5:00 a.m. and 5:00 p.m.

Time and One-Half (All Types of Inspection)
All shifts will be billed based on the time and date of their start. Any increment past 8 hours through 12 hours worked Monday through Friday and the first 12 hours on Saturday.

Time and one-half will also be charged for the first four hours before 5:00 a.m. and after 5:00 p.m.

Double Time (All Types of Inspection)
All shifts will be billed based on the time and date of their start. After the first 12 hours worked Monday through Saturday, all day Sunday, holidays, and the first Saturday following the first Friday in June and December. After the first four hours worked before 5:00 a.m. and after 5:00 p.m. Holidays are New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving and Christmas Day.

Meal Period
When personnel are required by their duties to work more than five consecutive hours without a one-half hour uninterrupted meal period, one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked.

Shift Differential (Applies to Regularly Scheduled Shifts Only) A $1.00 per hour shift differential premium will be charged for all inspection hours that fall outside of the 5:00 a.m. to 5:00 p.m. time period. Twining will require 48-hour notice along with the General Contractors approved shift letter prior to beginning a shift that will include hours falling outside this time period. Should this notice not be provided, all work performed on that shift will be billed at the applicable overtime or double time rate.

If three shifts per day are required, the first shift will be billed at the standard rate. The second shift shall be billed in accordance with the previous paragraph.

The third shift shall be billed at 8 hours for the first 6 1/2 hours worked and appropriate overtime or double time for all hours thereafter.

Travel Time and Mileage
For projects outside a 50-mile radius from the nearest Twining facility, $0.70 per excess mile to and from the project will be charged for inspectors and technicians.

Other than small tools, whenever project related equipment is required to be transported to and from the project site, time and mileage for inspectors and field technicians will be billed on a portal to portal basis. For all projects, $0.70 per mile rate and applicable travel time will be charged portal to portal for engineers, consultants, supervisors, and laboratory technicians from the laboratory to the project site and return.

For work locations located 100 miles or more from Twining, travel time will be charged at the relevant rate for inspectors and technicians in addition to a subsistence allowance.

Weekend Sample Pick-Ups
In order to be in strict conformance with testing standards, it may be required that weekend pick-ups be performed (e.g. concrete specimens cast on Friday must be picked up on weekend in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.) Applicable charges for weekend work will apply when this is required. Should these charges not be authorized, Twining will not be liable for any negative consequences.

Reimbursable Expenses
Parking, air fare, car rental, food and lodging, etc. will be charged at cost plus 20% per processed invoice, unless provided by client.

Project Specific Documents
Costs presented assume that client will provide project specific documents (plans, specifications, submittals, RFIs, etc.) for all inspection personnel. Should project specific documents be provided electronically through a "for fee" service, the client will be responsible for providing access and paying any fees for the service.

Project Site Facilities
Prices quoted assume that initial curing facilities for test samples that comply with relevant test standards and project requirements are provided by others. In addition, prices quoted assume that work/desk space for inspection staff are provided by others. Additional costs will apply should Twining be required to provide such facilities.

Subsistence
Subsistence on remote jobs will be charged per quotation.

Laboratory Testing Hours
Please note that laboratory testing will be billed on an hourly basis for non-standard tests. If testing is required to be performed on Saturdays, Sundays, holidays, or before 5:30 a.m. or after 4:00 p.m. on weekdays, an additional hourly charge with a minimum of one hour will be applied for the laboratory technician. 1.5 x regular test rate will be charged for rush testing.

Charges for Subcontracted Services
Material sent to outside laboratory for testing:

Material sent to outside fabricator or machine shop:

Glu-Lam beam inspection:

Other subcontractors:

Project exclusive equipment purchase:

Cost plus 20%
Cost plus 20%
Cost plus 20%
Cost plus 20%
Cost plus 20%
4%
5

General Conditions, continued
Limit of Liability
Client agrees to limit Twining's aggregate liability to all entities for alleged or actual errors and omissions in the performance of its professional services under this agreement to $50,000.00 or the fees actually paid to Twining, whichever amount is greater. Higher limits may be available by quotation.

Certified Payroll
Certified payroll will be provided, upon request, at an additional charge of $150.00/month. Fee applies to every month that certified payroll must be submitted regardless of whether or not services were provided for any given month.

Final Reports Required by Jurisdiction
If a final report or affidavit is required, we must first review all inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexity of the issues. Cost for final reports will be billed hourly.

Terms of Payment
Fees charged are for professional and technical services and are due upon presentation. If not paid within 30 days from date of invoice, they are considered past due and the maximum legal finance charge will be added to the unpaid balance.

A 3% fee will be applied for payments processed by credit card.

All invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of invoice. Thereafter, customer acknowledges invoices are correct and valid. Twining reserves the right to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable. Customer waives any and all claims against Twining, its subsidiaries, affiliates, servants and agents for termination of work on account of these terms.

In the event of any litigation arising from or related to any agreement to provide services whether verbal or written, the prevailing party shall be entitled to recover from the nonprevailing party all reasonable costs incurred, including staff time, court costs, attorney's fees and all other related expenses in such litigation. Additionally, in the event of a nonadjudicative settlement of litigation between the parties or a resolution of dispute by arbitration, that same process shall determine the prevailing party.

Hold Specimens
All held specimens submitted by the client are charged at the same applicable test rate whether tested or not.

Specimen Disposal
Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made.

Oversize Specimens
An extra charge will be made when test specimens require more than one person to handle because of size or weight.

Elevated Work Platforms
In the event an elevated work platform is required to safely complete our inspections, the client must provide safe access, including a trained and certified operator, to Twining inspection and testing personnel.
6

AGREEMENT FOR CONSULTANT SERVICES
CON – –
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and ("CONSULTANT"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on (“EFFECTIVE DATE”)
and remain and continue in effect until all tasks described herein are completed but in no event later than , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.

2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.

4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.

CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT
shall represent CITY in
all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT.

The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change

CONSULTANT's compensation, subject to Section 6 hereof.

6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed
Dollars ( ) (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section

2.36.110 must be obtained from the City Council.

7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the

actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of

said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.

9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,

and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, 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 the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, 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 subconsultants 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 subconsultant 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 terms 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. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.

13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.

The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;

(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.

14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents 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 it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In

addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.

16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information

concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY.

CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information.

CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY CONSULTANT
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk

22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor

any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ.

Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.

Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.

23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.

24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.

27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.

28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder ///
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY CONSULTANT
Signature
ATTEST: Typed Name
Title
City Clerk
Approved as to Form:

Corporate seal (or attach Notary
HARPER & BURNS LLP acknowledgment)
Attorneys for the City
Approved as to Content:
___________________________

Exhibit “A”
Scope of Services
And Payment Terms

Exhibit “B”
InsuranceSpecifications

EXHIBIT “B”

INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than dollars per occurrence, dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
[Check if Applicable] Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than dollars combined single limit for each accident. [Check if Applicable] Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. [Check if Applicable] Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
[Check if Applicable] Professional liability (errors & omissions) insurance.

CONSULTANT shall maintain professional liability insurance that covers the services to

be performed in connection with this AGREEMENT, in the minimum amount of dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.
[Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
[Check if Applicable] Explosion, collapse, underground insurance.

CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than dollars per person and dollars per occurrence for personal injury. The limit of property damage liability shall be not less than dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.

Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.

CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of this

AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability

policies. Coverage available to the additional insured shall be primary and noncontributory.

Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

Proposal for
City of Fountain Valley
As-Needed Material Testing Services (RFQ 21-006)
April 22, 2021
GMU P-21067
GMU Geotechnical, Inc. (GMU)
23241 Arroyo Vista
Rancho Santa Margarita, CA 92688

April 22, 2021
A. COVER LETTER
Ms. Amanda McCall, Management Analyst/Purchasing Officer

CITY OF FOUNTAIN VALLEY
10200 Slater Avenue
Fountain Valley, CA 92708 GMU Proposal P-21067
Subject: Statement of Qualifications for As-Needed Material Testing Services, RFQ 21-006, City of Fountain Valley
Reference: City of Fountain Valley, “Request for Qualifications, RFQ 21-006, As-Needed Material Testing Services”, March 24, 2021.

Dear Ms. McCall:

GMU Geotechnical, Inc. (GMU) is pleased to submit our Statement of Qualifications for providing as-needed materials testing services. GMU is a Small Business Enterprise (SBE) with over 30 years of experience providing services as on-call geotechnical consultants for several Cities and public agencies in this region. We have been in business for 53 years, providing geotechnical services to a variety of clients who have come to rely on GMU for high-quality, costeffective, and reliable service. In addition, GMU’s staff and laboratory are certified by Caltrans, AMRL, and DSA, allowing GMU to provide the proposed services in full compliance with state and federal project funding requirements.

Our as-needed materials testing services experience includes construction observation and field and materials testing, including geotechnical observation, compaction testing, and laboratory materials testing for a variety of Public Works projects, including the duties listed in the RFQ, as summarized below.
• Thorough familiarization of the Plans and Specifications as they apply to the material to be inspected and tested.
• Field observation and compaction testing during subgrade preparation for pavement and/or concrete, including roadway subgrade and utility trench backfill. • Field observation and random sampling of concrete placement for curb, gutter, sidewalk, and median construction.
• Field observation and compaction testing during all asphalt concrete paving operations. • Batch plant inspection and sampling during the asphalt concrete production phase. • Laboratory testing of applicable and appropriate materials used during all stages of construction. Including, but not limited to extraction-stability-unit weight gradation, maximum density test, and sand equivalent/gradation.
• Material testing agents shall prepare and submit daily written reports with copies for City staff and the job superintendent.
• Recommendations for undesirable soil condition mitigation.

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 2 GMU Proposal P-21067
• Provide all necessary field documentation associated with the preparation of federal paperwork for compliance with the requirements of the Caltrans Local Assistance Procedures Manual (Caltrans LAPM).
• At the conclusion of construction, a Final Inspection Report that details a professional opinion of the inspection and testing performed shall be submitted. This report will detail and summarize the construction activities, conditions, and results of all tests and inspections.

We want to emphasize that GMU is the only geotechnical firm in Southern California to operate a dedicated pavement engineering department, one that is trusted by many agencies in the region.

Given our history, background, and technical expertise, we believe GMU can benefit the City by providing materials testing services in an efficient, responsive, and cost-effective manner. We appreciate the opportunity to provide this proposal and look forward to opportunities to work with the City of Fountain Valley.

Please do not hesitate to call if you have any questions regarding this information.

Respectfully submitted,
Gregory Silver, M.Sc., PE, GE Roger Schlierkamp, M.Sc., PE, GE President/CEO Director of Pavement Engineering
Principal Engineer [email protected]
[email protected] (949) 546-0017 - direct
(949) 546-0080 - direct
Lisa L. Bates, PG, CEG, QSD/QSP
Associate Geologist
[email protected]
(949) 546-0084 - direct

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 3 GMU Proposal P-21067

2. FIRM QUALIFICATIONS

A) OVERVIEW
GMU is a Small Business Enterprise (SBE) with over 50 years of experience in Southern California. Previously known as Goffman, McCormick & Urban, Inc., GMU was founded in 1967.

Our office is located in Rancho Santa Margarita, Orange County, California, less than half an hour from the City of Fountain Valley. Our staff consists of highly qualified professional engineers, professional geologists, and engineering technicians with experience in nearly all aspects of construction requiring materials testing. Our firm has provided materials testing to public works agencies for over 30 years.

GMU has dedicated public works acceptance testing (AT) soils/geotechnical, pavement, and plant inspectors with experience ranging from 10 to 30 years. Our technicians, inspectors, and laboratory personnel are experienced and prepared to perform the tasks listed within the RFQ’s scope of work in accordance with City Standard Plans, Greenbook Specifications, Caltrans Standards, and project Plans and Specifications. A select list of services GMU provides in this regard is summarized below.

Geotechnical (Soils)
Services include observation and testing of the following by Caltrans-certified geotechnical engineering technicians:
• Grading observation
• Compaction testing
• Fill moisture control
• Subdrain placement
• Removal observations
• Roadway subgrade
• Trench backfill
• Undesirable subgrade soil mitigation
Special Inspection
Services include observation and testing of the following by GMU’s ICC-certified inspectors:
• Concrete
• Reinforcing steel and embedded
items
• Structural steel erection and welding
• High strength bolting
• Post-tensioned concrete
• Masonry
• Drilled-in anchors
• Fireproofing
• Non-shrink grout

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 4 GMU Proposal P-21067
Pavement Inspection
Services include observation and testing of the following by GMU’s Caltrans-certified inspectors:
• Subgrade and aggregate base
material compaction
• Hot-mix asphalt placement and
compaction
• In-place density of hot-mix asphalt,
base and subgrade using a nuclear
gauge
• Pavement coring and testing
• Loose mix material and compaction
temperatures
• Lift thickness
• Equipment working order
verification
• Joint construction
• Cement/emulsion content
• Mixing temperatures and time
• Mix uniformity and adequate mixing
• Aggregate storage conditions
• Segregation
• Aggregate and asphalt binder
temperatures
• Continuous feeding of aggregates
and proper aggregate feeder gate
operation
• Equipment calibrations, including
scales
• Batch or drum plant inspection and
testing:
o Sand equivalent
o Crushed particles
o Fine aggregate specific
gravity and absorption
o LA rattler
o Fine aggregate angularity
Review and Approval of Construction Materials Submittals GMU staff will perform reviews of construction materials submittals as required.

Multi-certified Technicians
Many of our public works inspectors are multi-certified as geotechnical engineering technicians, special inspectors, and pavement inspectors, as well as existing Deputy Inspectors. Often times, this allows GMU to utilize one technician to complete all required inspections, where other firms require 2 to 3 different individuals to provide the required inspections. This has historically resulted in significant cost savingsfor our clients, as well as saves time since only one technician who can provide multiple inspections needs to be scheduled.

Lab Support/Testing
All of our technicians are supported by our in-house laboratory. GMU offers comprehensive soils and rock testing, pavement testing, and materials testing. Our lab is certified by the County of Orange, Caltrans, AMRL, and DSA, making GMU in full compliance for all state and federally funded projects.

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 5 GMU Proposal P-21067
Laboratory test results will be reviewed and provided to the City, including engineering evaluation/support of those test results. A summary of our laboratory testing capabilities (pavement and soil) is provided in Appendix A.

B) KEY PERSONNEL
In accordance with the following Organizational Chart, the key personnel contacts listed below will be the key staff involved in providing services. Resumes for the key contacts are contained in Appendix B.

Note that supporting personnel are also listed on the Organizational Chart.

Overall Contact
• Greg Silver, M.Sc., PE, GE
• President/CEO
• E-mail: [email protected]
• Office: (949) 888-6513
• Direct: (949) 546-0080
Pavement and Construction Observation/Materials Testing • Roger Schlierkamp, M.Sc., PE
• Director of Pavement Engineering
• E-mail: [email protected]
• Office: (949) 888-6513
• Direct: (949) 546-0017
• Project Manager / Lead individual who will be responsible for day-to-day management.

Note that in the event emergency services are required, either of the personnel listed above may be contacted for geotechnical or pavement engineering support.

C) ORGANIZATIONAL CHART
GMU’s organizational chart for the City of Fountain Valley’s as-needed material testing services is provided below. The key personnel listed is not anticipated to change through the life of the agreement.

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 6 GMU Proposal P-21067

D) RESUMES
Resumes of the key personnel outlined above are provided in Appendix B. Note that additional resumes and experience can be provided upon request.

E) CURRENT RELEVANT PROJECTS
The following list includes public agencies for whom GMU has provided work similar to that listed in the RFQ within the past 7 years. Note that we have provided materials testing services on numerous projects to the following agencies. Additional specific notable project details can be provided upon request.

Primary Contact and Oversight
Greg Silver, M.Sc., PE, GE
President/CEO, Principal Engineer
Pavement & Construction
Observation and Materials Testing
Roger Schlierkamp, M.Sc., PE
Director of Pavement Engineering
Ali Zalghout, M.Sc.

Senior Staff
Pavement Engineer
Michel El Sebaaly, EIT, M.Sc.

Staff Pavement Engineer
(9) Licensed Professional Staff,
including Engineers and Geologists
(10) Caltrans Certified
Pavement Technicians
and Laboratory
(5) Certified Engineering
Technicians/
Special Inspectors
and (1) Laboratory

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 7 GMU Proposal P-21067
City of Aliso Viejo
• Period: 2010 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, observation and testing, and materials testing • Contact: Shaun Pelletier, Director of Public Works
• Select List of Specific Project(s):
o Deerhurst, Foxborough, and Wolverine Rehabilitation, April 2021 to August 2021 anticipated – localized AC repairs (base repairs), AC leveling course, and ARHM overlay. Testing to include field compaction, Hveem Stability Value (S-value), asphalt binder content, gradation, and Hveem laboratory maximum density).
o Windsong, Cedarbrook, and Park Avenue Rehabilitation, December 2020 to January 2021 – localized AC repairs (AC base repairs) and fiber-reinforced overlay. Testing included field compaction, Hveem Stability Value (S-value), asphalt binder content, gradation, and Hveem laboratory maximum density.

City of Anaheim
• Period: 2019 to present
• General Scope: As-needed pavement reports and design and potholing investigation services
• Contact: Carlos Castellanos, City Engineer
• Select List of Specific Project(s): Available upon request City of Buena Park
• Period: 2017 to present
• General Scope: On-call geotechnical and materials testing services, including pavement engineering, geotechnical investigation, plan checking, observation and testing, and materials testing
• Contact: Nabil Henein, City Engineer
• Select List of Specific Project(s):
o FY 2019-20 Slurry Seal Project, November 2020 – Collected Type I slurry seal and sand samples for various laboratory tests (wet-track abrasion, emulsion & oil content, sand equivalent, gradation).

City of Chino Hills
• Period: 2000 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, observation and testing, and materials testing • Contact: Winston Ward, Community Development Director/Deputy Building Official • Select List of Specific Project(s): Available upon request City of Dana Point
• Period: 2014 to present
• General Scope: On-call geotechnical engineering and inspection services, materials testing for construction and pavement projects
• Contact: Matt Sinacori, City Engineer

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 8 GMU Proposal P-21067
• Select List of Specific Project(s):
o Annual Roadway Resurface Project, FY 2019-20 – provided subgrade and AC field compaction testing, AC plant inspections, laboratory testing.

City of Garden Grove
• Period: 2020 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, observation and testing, and materials testing • Contact: Mark Uphus, Senior Civil Engineer
• Select List of Specific Project(s):
o “Segment B” Full-Depth Reclamation Pavement Reconstruction, August 2020 – February 2021: Perform cement-stabilized pulverized base (CSPB) mix designs, recommended cement contents, performed CSPB compaction and laboratory testing during construction, including unconfined compressive strength.

City of Irvine
• Period: 2016 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, observation and testing, and materials testing • Contact: Uyenly Bui, Senior Civil Engineer
• Select List of Specific Project(s): Available upon request City of Laguna Niguel
• Period: 1994 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, plan checking, QA/QC geotechnical monitoring of development projects, observation and testing, and materials testing • Contact: John Morgan, Development Services Manager; or Kathy Nguyen, Engineering Services Manager
• Select List of Specific Project(s): Available upon request City of Lake Forest
• Period: 2018 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, plan checking, QA/QC geotechnical monitoring of development projects, observation and testing, and materials testing • Contact: Doug Erdman, Assistant City Engineer
• Select List of Specific Project(s): Available upon request City of Mission Viejo
• Period: 2016 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, plan checking, observation and testing, and materials testing • Contact: Rich Schlesinger, City Engineer
• Select List of Specific Project(s): Available upon request

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 9 GMU Proposal P-21067
City of Newport Beach
• Period: 2009 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, plan checking, observation and testing, and materials testing • Contact: Dave Webb, Public Works Director
• Select List of Specific Project(s): Available upon request City of Rancho Santa Margarita
• Period: 2012 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, plan checking, observation and testing, and materials testing • Contact: Brendan Dugan, Public Works Director / City Engineer • Select List of Specific Project(s): Available upon request City of San Juan Capistrano
• Period: 2020 to present
• General Scope: On-call geotechnical services, including pavement engineering, geotechnical investigation, plan checking, observation and testing, and materials testing • Contact: Joe Parco, City Engineer
• Select List of Specific Project(s):
o Meredith Canyon Neighborhood Pavement Reconstruction, July 2020 to December 2020: Subgrade, AC base, and AC cap compaction testing and laboratory testing.

County of Los Angeles, Department of Public Works
• Period: 2017 to 2020
• General Scope: On-call services including pavement engineering, materials testing, and inspection
• Contact: Yonah Halpern, Civil Engineer
• Select List of Specific Project(s): Available upon request County of Orange
• Period: 2017 to present
• General Scope: On-call geotechnical services, including geotechnical investigation, materials testing, and construction inspection.
• Select List of Specific Project(s): Available upon request Trabuco Canyon Water District (TCWD)
• Period: 2020 to present
• General Scope: On-call geotechnical services, including materials testing • Contact: Lorrie Lausten, Principal Engineer
• Example Project(s):
o Access Road Reconstruction, 2019 and 2021: Performed design and construction to reconstruct an access road serving a recycled water pump station, as well as slurry sealing recommendations to preserve condition of newly constructed pavement. During construction, GMU performed various testing, including compaction, AC mixture, and slurry seal tests.

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 10 GMU Proposal P-21067
Moulton Niguel Water District
• Period: 2018 to present
• General Scope: On-call geotechnical services, including materials testing • Contact: Steve Merk, Superintendent of Engineering
• Select List of Specific Project(s): Available upon request Santa Margarita Water District
• Period: 2016 to present
• General Scope: On-call geotechnical services, including materials testing • Contact: Jeff McDonnell, Construction Engineering Manager • Example Project(s):
o Trampas Dam, 2018-2021: Geotechnical observation and testing during dam construction.

F) CLIENT REFERENCES
GMU has provided on-call geotechnical consulting services to municipalities and governing agencies for over 30 years. Nearly all of GMU’s clients are repeat and long-term clients. The following select list of references are clients to whom services similar to the referenced RFQ have been provided within the past 2 years.

David A. Webb, Public Works/Director – City of Newport Beach 100 Civic Center, Newport Beach, CA 92660
(949) 644-3328, [email protected]
2009-current: On-call geotechnical services including public works design and construction, and pavement engineering projects.

GMU Project Manager: Greg Silver
Joe Dyer, Assistant City Engineer – City of Chino Hills 14000 City Center Drive, Chino Hills, CA 91709
(909) 364-2770, [email protected]
2000-current: On-call geotechnical services including public works design and construction, pavement engineering, materials testing, development review/plan checking, and emergency geotechnical consulting.

GMU Project Manager: Roger Schlierkamp
Mark Uphus, Senior Civil Engineer – City of Garden Grove 11222 Acacia Parkway, Garden Grove, CA 92840
(714) 741-5191, [email protected]
2020-current: On-call pavement and construction observation, testing, and materials testing services.

GMU Project Manager: Roger Schlierkamp

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 11 GMU Proposal P-21067
Richard Schlesinger, City Engineer – City of Mission Viejo 200 Civic Center, Mission Viejo, CA 92691
(949) 470-3079, [email protected]
2016-current: On-call geotechnical services including public works design and construction, pavement engineering, materials testing, development review/plan checking, and emergency geotechnical consulting.

GMU Project Manager: Roger Schlierkamp
Shaun Pelletier, Public Works Director/City Engineer – City of Aliso Viejo 12 Journey, Suite 100, Aliso Viejo, CA 92656
(949) 425-2533, [email protected]
2010-current: On-call pavement and construction observation, testing, and materials testing services.

GMU Project Manager: Roger Schlierkamp
Additional references are available upon request.

3. UNDERSTANDING AND APPROACH TO SCOPE OF WORK

OVERALL UNDERSTANDING
We understand the City of Fountain Valley, similar to other Cities we provide on-call services for, is required to maintain their infrastructure, including their streets, utilities, parks, government service structures, and other typical Public Works facilities. Our services will support the City’s needs to maintain and improve their infrastructure and facilities on an as-needed basis, including all services bulletized in the cover letter of this proposal (Pages 1 and 2). We understand we may be required to provide the materials testing scope as listed in the RFQ, and commonly provide these services to other agencies. Therefore, GMU is familiar with the processes, schedules, and needs of the City for these types of projects.

RESPONSIVENESS
GMU is available to provide emergency geotechnical services to the City, including response at night and on weekends, with a few hours’ notice. For construction observation or materials testing requests, we prefer 48 hours’ notice; however, we are generally able to accommodate short notice requests for the City. Our professional and technician/inspector staff almost all reside in Orange County, giving us the ability to respond quickly to any short notice requests.

DEDICATED PAVEMENT ENGINEERING AND TESTING SERVICES
For pavement or street projects, GMU possesses extensive experience in pavement engineering and testing services from conceptual design to construction. Examples include preparation of pavement management plans (network-level studies), pavement evaluations (project-level studies), preparation of plans and specifications for pavement improvement projects,

Ms. Amanda McCall, CITY OF FOUNTAIN VALLEY
Proposal, As-Needed Material Testing Services
April 22, 2021 12 GMU Proposal P-21067
pavement-related laboratory tests (including HMA, soil-cement, cement-stabilized pulverized base mix designs, etc.), construction management advisory, and pavement observation and testing services. We are experienced in developing cost-effective pavement repair recommendations (cement-treatment, cold in-place recycling, fiber-reinforced AC, use of geogrids/geotextiles, highstrength and stress absorbing interlayers) and seeing the repair recommendations implemented through construction.

PROACTIVE COMMUNICATION AND PROJECT MANAGEMENT
GMU has established an internal system to monitor all projects on an on-going basis for schedule and budget constraints. Our Principals maintain involvement in both management and technical aspects of all projects to minimize schedule delays and budget overruns. Tasks are assigned to appropriate staff, and internal status meetings are conducted frequently to ensure projects are completed on time and within budget. Invoicing for projects is completed monthly, at minimum, with oversight and review by Principals.

In addition to the internal system described above, final review of all reports/deliverables is performed by the Project Manager, and often one of our Principals, to ensure the final deliverable is complete and of the highest quality.

4. ESTIMATED COSTS
GMU’s hourly rate schedule has been provided under separate cover (via PlanetBids) per the requirements of the RFQ.

FORMS
The required forms are attached to this Statement of Qualifications as Appendix C.

Appendix A
Laboratory Testing Capabilities

Pavement Laboratory Testing Capabilities
Caltrans ASTM AASHTO Pavement Laboratory Tests
382 D6307 T308
382 D2172 -
202 D6307/5444 T27/30
202 D2172/5444 T27/30
308C D2726 T166
308A D1188 T275
308C D2726 T166
308A D1188 T275
370 D1461 T329
304/366 D1560/1561 T246/247
304, 308A D1560 T246
- D6926 -
- D5581 -
- D6925 T312
- D6925 T312
309 D2041 T209
LP-9 D2172 -
382 D6307 T308
- D3910 -
- D244 -
- - T324
371 D4867 T283
371 D4867 T283 Each additional freeze-thaw cycle
371 D4867 T283
Caltrans ASTM AASHTO Pavement Mix Designs (excludes RAP or agg. quality testing) 367
-
-
367
367
LP-8
-
-
*Cost assumes wet-dry testing not required.

Caltrans ASTM AASHTO Aggregate Quality Tests
202 C136 T27
202 C136 T27
202 C136 T27
205 D5821 TP 61
206 C127 T85
207 C128 T84
211 C131 T96
214 C88 T104
217 D2419 T176
227 C142 T112
229 D3744 T240
234 C1252 T304
235 D4791 -
301 D2844 T190
301 D2844 T190
Cleanness Value of Coarse Aggregate
Superpave Asphalt Mix Design
Marshall Asphalt Mix Design
Hveem Asphalt Mix Design
Mix designs with asphalt rubber binder
Mix designs with warm-mix asphalt technology or other additives Crushed Particle Percentage (Coarse Aggregate Angularity) Sieve Analysis - Coarse Aggregates
Sieve Analysis - Fine Aggregates
Sieve Analysis - Combined Sample (w/ wash)
Soil-Cement Mix Design (with subgrade, agg base, AC, or combination)* Cold Recycled AC Mix Design (includes crushing of AC cores) Sand Equivalent (3 replicates)
Soundness by Sodium Sulfate
Resistance Value (R-Value w/ oversized correction)
Resistance Value (R-Value)
Flat and Elongated Particles of Coarse Aggregates
Fine Aggregate Angularity (Uncompacted Void Content)
Durability Index
PCA
NLA
Percent Asphalt Binder Content (Chemical)
MS-2/SP-2
MS-2/SP-2
MS-2
MS-2
SP-2
Superpave Gyratory Compacted Specimen (4 inches, 1 replicate, SSD) Hveem Maximum Density (3 replicates)
Marshall Maximum Density (6 inches, 3 replicates, SSD)
Marshall Maximum Density (4 inches, 3 replicates, SSD)
Hveem Stability (S-Value)
Mix Moisture Content
Bulk Specific Gravity of Cored Specimens (each core, SSD) Bulk Specific Gravity of Cored Specimens (each core, wax) Los Angeles Rattler (Abrasion)
Fine Aggregate Specific Gravity and Absorption
Coarse Aggregate Specific Gravity and Absorption
Hamburg Wheel Track (4 replicates, 2 tracks, up to 25,000 passes) Additional 20% if mixing is required.

Soil-Lime Mix Design (with subgrade, agg base, or combination)* Emulsion and Residual Asphalt Binder Content
Resistance of Compacted Bituminous Mixture to Moisture Induced Damage CT LP-8
Wet Track Abrasion Test for Slurry Seals (2 Replicates) Asphalt Binder Content Correction Factor (2 replicates, includes mixing) Reclaimed Asphalt Pavement Evaluation (chemical and ignition, 3 replicates) Theoretical Maximum Specific Gravity (rice)
Superpave Gyratory Compacted Specimen (6 inches, 1 replicate, SSD) Bulk Specific Gravity of Lab Prepared Specimens (3 replicates, wax) Bulk Specific Gravity of Lab Prepared Specimens (3 replicates, SSD) Percent Asphalt Binder Content and Gradation (Chemical) Percent Asphalt Binder Content and Gradation (Ignition Oven) Percent Asphalt Binder Content (Ignition Oven)
1 of 2 Page 416
Soil and Aggregate Testing Capabilities
Caltrans ASTM AASHTO Identification and Index Properties 226 D2216 T265
- D2937 -
- D2937 -
204 D4318 T89, T90
204 D4318 T89, T90
204 D4318 T89, T90
227 - -
229 D3744 T240
202 C136 T27
203 D422 T88 – Hydrometer only
203 D422 T88 – Sieve & Hydrometer
D1140 T11 – No. 200 wash only
209 D854 T100
207 C128 T84
206 C127 T85
- C1252 T304
205 D5821 -
211 C131 T96
- D4791 -
214 C88 T104
217 D2419 T176
Caltrans ASTM AASHTO Soil Chemistry
643 - -
643 - -
417 - -
422 - -
see above --
Caltrans ASTM AASHTO Shear Strength
- D3080 T236
- D3080 T236
-- -
- D2166 T208
Caltrans ASTM AASHTO Compaction and Maximum Density
301 D2844 T190
301 D2844 T190
- D698 -
- D1557 T180
216 - -
- D1557 T180
- D4718 T224
- D1633 -
-- -
- D559 -
-- -
D5102 -
-- -
-- -
-- -
- D558 T134
Caltrans ASTM AASHTO Consolidation and Swell
- D2435 T216
-- -
- D2435 T216
- D4829 -
- D4546 -
-- -
- D4546 -
- D4546 -
Caltrans ASTM AASHTO Hydraulic Tests
220 D2434 T215
Unconfined Compression (3 Samples)
Remolding Shear or hand trimming of specimens (3 point) Residual Shear (price per pass after shear)
Direct Shear (3 points)
Break + Capping (per point)
Compaction of 4 Samples per each % of lime
Break Sample
Break Sample + Capping
Moisture-Density (Unit Weight) Relations of Soil-Cement Mixtures Unconfined Compressive Strength of Lime Treated Soils and Aggregates Correction of Soils with Oversize Particles
Check Point
R-Value
Maximum Density and Optimum Moisture, standard effort
R-Value with Oversize Correction
Aggregate Durability Index
Test for Evaluating Cleanness of Coarse Aggregates
Uncompacted Void Content of Fine Aggregates
Determining the percentage of Fractured Particles in Coarse Abrasion Test By Los Angeles Machine
Fine Aggregates Specific Gravity and Absorption
Specific Gravity of Soil
Particle Size Analysis – Full Sieve (3/4-inch to minus No. 200) Single Point/Non-plastic
Atterberg Limits
Moisture Content & Density (Shelby tube or requires cutting) Moisture Content and Density (6 inch tube or rings)
Moisture Content of Soil or Rock
Atterberg Limits (Wet Preparation)
Corrosion Suite (pH, Resistivity, Chloride, Sulfate)
Chloride Content
Sulfate Content – Turbidimetric
Minimum Resistivity (minimum of 3 points)
Coarse Aggregates Specific Gravity and Absorption
pH
Sand Equivalent
Flat and Elongated Particles
Soundness by Sodium Sulfate
Consolidation Mathod A with time-deformation readings on two load increments Permeability of Granular Soils (remolded constant head maximum 6" diameter cell) Maximum Density and Optimum Moisture, modified effort
Swell/Collapse Test - Method C
Single Load Swell/Collapse Test - Method B Cost per point Swell/Collapse Test - Method A (Four or more identical specimens), Cost per point Expansion Index of Soils
Cal-216 Maximum Density and Optimum Moisture
Compressive Strength of Molded Soil-Cement Cylinders. Remold, cost per point Wetting and Drying Compacted Soil-Cement Mixtures. 2 Samples (1 cement %) 12 Cycles 48 Hours per Cycle
Samples with additives added (cement, lime, emulsion)
(8 loading incr. w/ water up to 10ksf & unloading with Strain vs P curve) Time Reading and Curve per increment
Up to 10 loading/unloading saturation increments w/o time curves 2 of 2 Page 417
Appendix B
Resumes

23241 Arroyo Vista, Rancho Santa Margarita, CA 92688 | ph: 949.888.6513 | fax: 949.888.1380 | web: www.gmugeo.com GREGORY SILVER, M.SC., PE, GE
President/CEO

PROFESSION
Geotechnical Engineer
Civil Engineer

REGISTRATIONS
Registered Civil Engineer –
State of California
Registered Geotechnical
Engineer - State of California
Registered Civil Engineer –
State of Nevada
Registered Civil Engineer –
State of Utah

EDUCATION
M.S. Civil Engineering
(Geotechnical Engineering) –
California State University,
Long Beach
B.A. Geological Sciences
(Geophysics) –
University of California at
Santa Barbara

PROFESSIONAL EXPERIENCE
GMU Geotechnical, Inc.
(1997-Present)
President, Principal Engineer,
Rancho Santa Margarita, California
Bing Yen & Associates, Inc.
(1988-1997)
Project Engineer to
Associate/Manager of Municipal
Services, Irvine, California
G.C. Masterman & Associates, Inc.
(1984-1986)
Technician to Project Engineer
Van Nuys, California

PROFESSIONAL AFFILIATIONS
ASCE – Member
ACEC – Member
BIA – Member
CalGeo – Past President

SUMMARY OF EXPERIENCE & QUALIFICATIONS
Mr. Silver has over 31 years of progressively responsible engineering and management experience in a wide variety of geotechnical engineering projects. He has worked
successfully for and with industrial, residential, and
commercial developers, master community planners, and
governmental agencies. He has extensive experience in
landslide evaluation and remediation design, geotechnical instrumentation, residential and commercial development, public works projects, municipality consultation,
mechanically stabilized earth walls, and forensic projects.

In addition, he has served as an expert witness in regards to numerous geotechnical issues over the last 25 years. Over the period of 1988 to 1997, Mr. Silver was City
Geotechnical Engineer for numerous cities throughout
Southern California. Currently, Mr. Silver serves as
President and Principal Engineer of GMU. Mr. Silver is a past president of CalGeo – a 100 member firm statewide
organization. Selected types of projects representative of Mr. Silver’s experience are listed below:
• Commercial Development Projects
• High-rise Structures
• Landslides
• Residential Development Projects/Master Planned
Communities
• Major Roadways
• Bridges
• Water Resource Projects
• Dewatering Projects
• Miscellaneous Public Works Projects
• Government/Civic Centers
• Sportsparks
• Mechanically Stabilized Earth (MSE) Walls
• Soil Nail Walls
• Geotechnical Instrumentation
• Tie-back Slope Reinforcement
• Pavement Engineering and Design
• City Geotechnical Engineer/Consultant
• Legal Consultation
• Special Studies

Gregory P. Silver 2
SELECT PUBLIC WORKS PROJECTS:
• Marina Park – City of Newport Beach – Geotechnical Project Manager of geotechnical and Materials Inspections. Project involved stone columns for liquefaction remediation, concrete sheet pile walls with tie-backs and specialty foundation design • City of Laguna Niguel - Metrolink Station - Laguna Niguel, California: Principal Geotechnical Engineering oversight for a regional OCTA-funded commuter rail station. • BRM Storm Drain Replacement Project - Malibu, California: Project Manager/Engineer - Evaluation of storm drain pipe design in landslide and erosion prone area following destruction of system by fire.
• Metro-Rail Vibration Testing - Los Angeles, California: Project Engineer - Geotechnical exploration and input for vibration study.
• Big Rock Mesa Dewatering Well Project - Malibu, California: Project Engineer/Manager - Design, plan and specification preparation, installation and construction oversight for six dewatering wells to 350 feet and four horizontal drains. • Montellano Winterization - Hacienda Heights, California: Project Engineer/Manager - Design and construction oversight of long-term, multi-year landslide winterization. • Pavement Evaluation - Pomona, California: Project Manager/Engineer - Pavement evaluation for 4000 lineal feet of distressed pavement.

GOVERNMENT/CIVIC CENTERS:
• Chino Hills Government Center Complex – Chino Hills, California: Project Director • Vista Civic Center – Vista, California: Project Director • Laguna Niguel Civic Center – Laguna Niguel, California: Lead Geotechnical Engineer CITY GEOTECHNICAL ENGINEER/CONSULTANT:
• City of Mission Viejo (2016 – Present)
• City of Laguna Niguel (1997-Present)
• City of Newport Beach (2009-Present)
• City of Chino Hills (1992-97 & 2002-Present)
• City of Dana Point (2001-2014; 2015-Present)
• City of Vista (2000-2005)
• City of Rancho Palos Verdes (2004-2006)
• City of Malibu (1991-97)
• City of Moorpark (1995-97)
• City of Agoura Hills (1988-97)
• City of Palos Verdes Estates (1992-97)
• City of Hidden Hills (1992-97)

LEGAL CONSULTATION
Mr. Silver has provided geotechnical consultation for litigation on a wide variety of projects for over 20 years in the States of California and Nevada. He has been deposed numerous times and testified in court on a number of occasions.

23241 Arroyo Vista, Rancho Santa Margarita, CA 92688 | ph: 949.888.6513 | fax: 949.888.1380 | web: www.gmugeo.com ROGER W. SCHLIERKAMP, M.SC., P.E.

Director of Pavement Engineering

PROFESSION
Civil Engineer

REGISTRATION
Registered Civil Engineer C81529 –
State of California

EDUCATION
M.S. Civil Engineering
(Pavement/Materials Engineering)–
University of Nevada, Reno
B.S. Civil Engineering
University of Nevada, Reno

PROFESSIONAL EXPERIENCE
GMU Geotechnical, Inc.
(2014 – Present)
Director of Pavement Engineering
Rancho Santa Margarita, California
Twining, Inc.
(2011 – 2014)
Pavement Engineer
Long Beach, California
University of Nevada, Reno
(2009 – 2011)
Graduate Researcher, Pavement /
Materials
Reno, Nevada

PROFESSIONAL AFFILIATIONS
 California Asphalt Pavement
Association (CalAPA)
 ASCE Orange County -
Engineers without Borders
 American Society of Civil
Engineer (ASCE)
 AGC
 American Public Works
Association (APWA)
 Santiago Canyon College –
Part Time Instruction
(Construction Materials)

SUMMARY OF EXPERIENCE & QUALIFICATIONS
Mr. Schlierkamp possesses over 11 years of experience in pavement engineering and construction projects, such as pavement evaluation/design, pavement condition index
studies, construction observation/testing, specification development, and mix design development. His experience includes working with local agencies, private sector clients, civil engineering firms, paving contractors, and pavement material producers. He has also served as a Quality Control/ Quality Assurance Manager. His engineering experience
includes performing pavement evaluations, developing costeffective pavement repair recommendations, performing pavement mix designs, and managing testing/observation
services of pavement-focused construction projects.

Mr. Schlierkamp’s experience as a Quality Control Manager provides him a thorough understanding of various pavement construction specifications. His proficiency in both pavement design and construction allows him to support his clients in achieving quality and cost-effective pavement solutions.

Mr. Schlierkamp’s experience in pavement design and
construction includes:
 Pavement engineering evaluation, structural analysis, design expert
 Pavement condition index assessments
 Non-destructive testing, including deflection testing & ground-penetrating radar (GPR) testing
 Pavement smoothness testing
 Pavement mix designs, including hot-mix asphalt
(HMA), rubberized hot-mix asphalt (RHMA), warmmix asphalt (WMA) following Marshall, Hveem, and Superpave design methods, soil-stabilization, and
cold recycled asphalt
 Pavement preservation strategies, including fog seals, slurry seals, scrub seals, micro-surfacing seals, and
chip seals
 Pavement rehabilitation strategies, such as rubberized pavement overlays, cold recycling, full-depth
reclamation, cement/lime base, and subgrade
stabilization
 In-depth knowledge of various pavement
construction specifications, including Caltrans,
Greenbook, Airport, and Ports.
 Quality control / assurance laboratory testing
expertise, including Hveem Stability, Hamburg
Wheel Track, Moisture Susceptibility, Maximum
Density, Wet Track Abrasion, and more.

Roger W. Schlierkamp 2
Select Pavement Evaluation and Design Projects
 City of Newport Beach – East Coast Highway (MacArthur Boulevard to Newport Coast Drive), November 2020 to January 2021
 Orange County Parks – Carbon Canyon Regional Park and Strands Beach Park Parking Lots, January 2021
 City of Newport Beach, Bonita Canyon Drive and Ford Road, March 2019 – June 2019  City of Newport Beach, Bison Avenue, San Joaquin Hills Road, San Nicolas, November 2018-May 2019
 City of Irvine, Jamboree Road (Michelle Drive to RR Tracks) Pavement Evaluation Project, November 2018
 Los Patrones Parkway, 2015 to 2018
 Ocean Boulevard and Poppy Avenue, Newport Beach, California, June 2016  Irvine Avenue, Newport Beach, California, November 2014: AC pavement evaluation and  MacArthur Boulevard Rehabilitation, Newport Beach, California, September 2015 Select Quality Assurance Testing and Observation Projects  City of Dana Point - FY 19-20 Annual Roadway Resurfacing Project, Winter 2020  City of Buena Park – FY 20-21 Annual Roadway Resurfacing Project, November 2020  City of Aliso Viejo – Windsong, Carbrook, and Park Avenue, December 2020-January 2021
 City of Aliso Viejo – Pacific Park Drive, November-December 2020  City of Mission Viejo - FY 2019 Residential Slurry Seal Project (CIP 20838), AugustOctober 2019.  Los Serranos Infrastructure Improvements, Chino Hills, California, April 2016  Main Street, Garfield Avenue, and Springdale Street Pavement Rehabilitation, Huntington Beach, California, 2013
Select Pavement Mix Designs
 2020 Greenbook (2018 Spec) All American Asphalt ½-inch AC mix design  Dove Canyon Homeowners Association – 2020 Pavement Rehabilitation Project  Cement Stabilized Pulverized Base Mix Design Development, Leffingwell Road Street Rehabilitation Project, City of La Mirada
 Runway 6R-24L Extension Project, Soil-Cement Mix Design, LAX, February 2016  Runway 7L-25R Safety Area Improvements, Soil-Cement Mix Design, LAX October 2016  Caltrans Route 405 RHMA Superpave Mix Design, Torrance, California, 2012 Select Pavement Management Plan (PMP) Projects
 City of Chino Hills – 2021 Citywide Pavement Management Plan Updates, January 2021 to Present
 City of Laguna Niguel - 2020, 2022, and 2024 Citywide Pavement Management Plan Updates, 2020 to Present
 Groves at Orchard Hills Homeowners Association – 2019 to Present  Emerald Bay Community Association – 2019 to Present
 Crystal Cove Community Association – 2016 to Present

Appendix C
Forms

2021 SCHEDULE OF CHARGES

PROFESSIONAL SERVICES
Document Preparation and Project Services $ 97.00/hour
CAD/GIS Design Engineer $ 118.00/hour
Staff Engineer or Geologist $ 152.00/hour
Senior Staff Engineer or Geologist $ 175.00/hour
Project Engineer or Geologist $ 195.00/hour
Senior Engineer or Geologist $ 230.00/hour
Associate Engineer or Geologist $ 245.00/hour
Principal/Director $ 270.00/hour

FIELD INSPECTION & TESTING SERVICES
Staff Engineering Technician $ 105.00/hour*
• Services provided under direct supervision of a Senior Engineering Technician Senior Engineering Technician $ 118.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc. • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.

Registered Special Inspector (No 4-hour minimum) $ 118.00/hour* • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc. • Reinforced concrete, Post-Tension, Masonry, Welding, Bolting, Fireproofing Instrumentation Engineer $ 150.00/hour
• Slope inclinometer and Piezometer monitoring
• Manometer for floor-level surveys
• Stormwater turbidity & pH meter
• Groundwater monitoring - pressure transducer, datalogger, water chemistry meter, etc. • Pipeline video camera for drains, wells, etc.

Engineering Seismological Technician (includes 3-channel seismograph) $ 150.00/hour • Blast vibration monitoring
• Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.) *Notes:
(1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling. (2) No 4-hour minimum charges apply.
(3) Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays. (4) Additional hourly surcharge for Prevailing Wage projects for Field Personnel per CA Labor Code §1720, et seq. Add $ 27.00/hour

LABORATORY TESTING SERVICES
Laboratory Testing $ 122.00/hour
(For special materials testing and laboratory costs on a per-test basis, see GMU’s Laboratory Fee Schedule)

OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost

AGREEMENT FOR CONSULTANT SERVICES
CON – –
This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City of Fountain Valley, a municipal corporation ("CITY") and ("CONSULTANT"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This AGREEMENT shall commence on (“EFFECTIVE DATE”)
and remain and continue in effect until all tasks described herein are completed but in no event later than , unless sooner terminated or extended pursuant to the provisions of this AGREEMENT.

2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. NOTICE TO PROCEED
CONSULTANT shall not perform any work or be entitled to any compensation under this AGREEMENT until a written Notice to Proceed is issued by CITY. The Notice to Proceed shall not issue unless and until CONSULTANT submits proof, satisfactory to CITY, of its procurement of appropriate insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for immediate termination of this AGREEMENT by CITY.

4. PERFORMANCE
CONSULTANT shall at all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.

CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

5. CITY MANAGEMENT
shall represent CITY in
all matters pertaining to the administration of this AGREEMENT, including review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the tasks to be performed or change the compensation due to CONSULTANT.

The City Manager shall be authorized to act on CITY’S behalf and to execute all necessary documents that enlarge the tasks to be performed or change

CONSULTANT's compensation, subject to Section 6 hereof.

6. PAYMENT
(a) CITY agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed
Dollars ( ) (“TOTAL CONTRACT SUM”) for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and CONSULTANT at the time CITY’s written authorization is given to CONSULTANT for the performance of said additional services. The City Manager’s authority to approve additional compensation is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager’s authority as specified in Fountain Valley Municipal Code section

2.36.110 must be obtained from the City Council.

7. PUBLIC WORK
Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a “public work” as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes “public work,” then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at City Hall, which shall be made available to any interested party upon request. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the

actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT’S AND ANY SUBCONSULTANT’S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT’S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT.
(e) Legal Day’s Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day’s work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of

said notice, CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. (b) In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSULTANT will submit an invoice to CITY detailing work performed up to the time of termination.

9. DEFAULT OF CONSULTANT
(a) CONSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond CONSULTANT's control, and without fault or negligence of CONSULTANT, it shall not be considered a default.
(b) As an alternative to the procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, CITY may in its discretion cause to be served upon CONSULTANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon it of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT fails to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such information including as-built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,

and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer’s estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT’s services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, 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 the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty to defend, if CONSULTANT is a design professional as defined in Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants in a suit is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, 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 subconsultants 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 subconsultant 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 terms 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. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’s active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSULTANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and incorporated herein as though set forth in full.

13. WARRANTY FOR GOODS
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter “GOODS”), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding those specified in this Section. In the event the manufacturer’s warranty or retailer’s warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.

The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS. The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULTANT warrants that:
(1) The GOODS will function properly under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY’s intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSULTANT; (3) The GOODS will be free of any security interests, liens, or encumbrances and CONSULTANT has title to the GOODS;

(4) The GOODS will not violate any intellectual property rights of any third party;
(5) The GOODS will be delivered free of the rightful claim of a third person by way of infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY’s successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY’s option, and without additional cost to CITY:
(1) Require CONSULTANT to repair or replace the GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSULTANT will refund the purchase price;
(2) Return any of the GOODS to CONSULTANT at CONSULTANT’s expense for a full refund;
(3) Correct the nonconformance and charge CONSULTANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining the substitute GOODS from the third party.

14. INDEPENDENT CONTRACTOR
(a) CONSULTANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents 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 it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In

addition to the indemnification provisions of Section 11, CONSULTANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSULTANT’s employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONSULTANT to comply with this Section.

16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSULTANT to file a Form 700, then CONSULTANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the CITY will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with this AGREEMENT.

19. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information

concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the CITY.

CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY OF INFORMATION
CONSULTANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result in the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the information.

CONSULTANT shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY CONSULTANT
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk

22. ASSIGNMENT
CONSULTANT shall not assign the performance of this AGREEMENT, nor

any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
[Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days’ notice prior to the departure of any key personnel from CONSULTANT’s employ.

Should key personnel leave CONSULTANT’s employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSULTANT’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and CONSULTANT.
[Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only (“PRINCIPAL”) shall perform the services described in this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSULTANT's employ. Should he or she leave CONSULTANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.

Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and CONSULTANT.

23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.

24. GOVERNING LAW
CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court.

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

26. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of CITY’s Request for Proposals and the contents of the Proposal submitted by CONSULTANT. In the event of conflict, this AGREEMENT shall take precedence over CITY’s Request for Proposals and CONSULTANT’s Proposal; and CITY’s Request for Proposals shall take precedence over CONSULTANT’s Proposal. No limitation of CONSULTANT’s liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT’s Proposal shall be of any force or effect.

27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.

28. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and signed by authorized representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney’s fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT’s duty to provide CITY with a defense at CONSULTANT’s cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend itself.

30. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder ///
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY CONSULTANT
Signature
ATTEST: Typed Name
Title
City Clerk
Approved as to Form:

Corporate seal (or attach Notary
HARPER & BURNS LLP acknowledgment)
Attorneys for the City
Approved as to Content:
___________________________

Exhibit “A”
Scope of Services
And Payment Terms

Exhibit “B”
InsuranceSpecifications

EXHIBIT “B”

INSURANCE SPECIFICATIONS
Without limiting CONSULTANT’s indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than dollars per occurrence, dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
[Check if Applicable] Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSULTANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than dollars combined single limit for each accident. [Check if Applicable] Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least dollars). CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. [Check if Applicable] Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
[Check if Applicable] Professional liability (errors & omissions) insurance.

CONSULTANT shall maintain professional liability insurance that covers the services to

be performed in connection with this AGREEMENT, in the minimum amount of dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.
[Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
[Check if Applicable] Explosion, collapse, underground insurance.

CONSULTANT shall furnish a copy of a public liability and property damage insurance policy with “XCU” or equivalent coverage in an amount not less than dollars per person and dollars per occurrence for personal injury. The limit of property damage liability shall be not less than dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSULTANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.

Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.

CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of this

AGREEMENT by CONSULTANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSULTANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT’s payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of CITY to inform CONSULTANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability

policies. Coverage available to the additional insured shall be primary and noncontributory.

Agency’s right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

REQUEST FOR QUALIFICATIONS
RFQ 21-006 AS-NEEDED MATERIALS TESTING SERVICES
Submitted To:

City of Fountain Valley
Attn: Amanda McCall
Mgmt. Analyst/Purchasing Officer
10200 Slater Avenue
Fountain Valley, CA 92708
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

CITY OF FOUNTAIN VALLEY

1. Cover Letter

2. Firm Qualifications
a. Overview
b. Key Personnel
c. Organizational Chart
d. Resumes
e. Current Relevant Projects
f. References

3. Understanding & Approach

4. Estimated Costs (Cost File) - Submitted in Separate File

5. Vendor Form & W9

6. Non-Collusion Declaration Form

TABLE OF CONTENTS
1 2
3 4
5-14
15 16-17
18-20
21 22-23
24 9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

Ms. Amanda McCall
Mgmt. Analyst/Purchasing Officer
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
9070 Center Avenue, Rancho Cucamonga, CA 91730 | O: 909.587.6374 www.fenaghengineering.com

COVER LETTER
April 22, 2021
Subject: RFQ 21-006 - As-Needed Materials Testing Services Dear Ms. McCall:

Fenagh LLC dba Fenagh Engineering & Testing (Fenagh), appreciates the opportunity to submit our response to RFQ 21-006 for As-Needed Material Testing Services on various capital improvement projects throughout the City of Fountain Valley. As a choice service provider, you can depend on our focused dedication and commitment to ensuring the success of the projects we will support.

Approach and Unparalleled Services
As your firm of choice, we offer the following benefits and commitment to excellent services:
• The Fenagh Difference. We utilize “EOLAS” a customized reporting management system developed for inspection and materials testing for capital improvement projects. • Similar Experience. We are currently supporting the Underground Utility Assessment District 4 Project in Manhattan Beach and remain on contract with the City of Anaheim providing field observation and compaction testing for roadway subgrade preparation, utility trench backfill, pavement/concrete, and batch plant inspection services.
• State Of The Art Caltrans Approved Testing Facility. We comply with the Caltrans Local Assistance Procedure Manual. Our lab is fully capable of testing all materials during all stages of construction including but not limited to extraction-stability-unit weight gradation, maximum density test, and sand equivalent/ gradation.
• Project Management. The Fenagh Team has nominated Martin Lowenthal, Bruce Tie, and Kevin Ramirez.

They all have extensive experience on capital improvement projects with clients such as the City of Anaheim, City of Brea, and the Municipal Water District of Orange County. Some of their tasks on this contract will include:
• Communicating directly with City representatives to ensure tasks are completed in a timely manner • Making sure ample staff is made available at a moment’s notice for any inspections or materials testing services requested.
• Providing a monthly budget analysis that shows where each project budget stands and will assist in tracking any negative impact to each budget.
• Meeting with City representatives on a monthly basis to discuss project scopes or obtain feedback.

Our nominated Project Executive, Martin B. Lowenthal, is legally authorized to bind Fenagh to this contract if awarded. We also acknowledge that we have received Addendum No. 1 dated April 15, 2021 along with the Q and A released on April 5, 2021. We look forward to working with the City of Fountain Valley and remain available to answer any questions or concerns that may arise during the proposal review process. Let the Fenagh Difference work for you.

Martin B. Lowenthal
Project Executive/Regional VP
[email protected]
Kevin Ramirez
Project Assistant/Business Development Manager
[email protected]
Respectfully Submitted,
Fenagh Engineering & Testing