Item 4 - Approval of Agmts; Ninyo & Moore and NOVA for As-Needed Geotech Svc RFP 22-018

February 15, 2022, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
February 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /AA
Henry Trang, Senior Civil Engineer Hf
(858) 668-4602 or [email protected]

CITY COUNCIL
Approval of Consultant Agreements with Ninyo & Moore Geotechnical & Environmental Sciences Consultants and NOVA Services, Inc. for As-Needed Geotechnical Services; RFP No. 22-018
In November 2021, the City sent out a Request for Proposals (RFP) for as-needed geotechnical services. This action will approve the Consultant Agreements with Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Ninyo & Moore) and NOVA Services, Inc. to provide as-needed geotechnical services. The length of the agreement is from February 21, 2022 through February 20, 2024, with a provision to mutually extend the agreements with three extensions of one year each.

Recommended Action:

It is recommended that the City Council authorize the City Manager to execute the Agreements with Ninyo & Moore (Attachment A) and NOVA Services, Inc. (Attachment B) for as-needed geotechnical services per the outlined terms of the Agreements.

Discussion:

Staff issued an RFP in November 2021 for as-needed geotechnical services and received nine proposals. After a thorough evaluation of the nine proposals submitted, staff selected Ninyo & Moore and NOVA Services, Inc. as the firms best suited to meet the City's current and future needs. Proposals were evaluated based on established criteria as found in the RFP, including a demonstration of understanding the services requested, qualifications of the firms and specific individuals, demonstrated record of success by the consultant on work previously performed for the City or other municipalities, schedule of hourly rates and references. Rates for the firms are consistent with industry standards. As-needed services will support Development Services staff with geotechnical services for various capital improvement and private development projects.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA). 1 of 54
February 15, 2022, Item #4
Fiscal
Impact:

All
costs
incurred
for
geotechnical
services
associated
with
private
projects
under
this
agreement
are
fully
offset
by
developer
fees.

Funding
for
services
related
to
public
projects
is
within
individual
Capital
Improvement
Program
project
budgets.

Public
Notification:

None. Attachments: A.

Standard
Agreement
for
Consultant
Services
with
Ninyo
&
Moore
Geotechnical
&
Environmental
Sciences
Consultants,
including
the
Scope
of
Work
and
Fee
Schedule
B.

Standard
Agreement
for
Consultant
Services
with
NOVA
Services,
Inc.,
including
the
Scope
of
Work
and
Fee
Schedule
Reviewed/
Approved
By:
l._.----
Wend
aserman
Assistant
City
Manager
2 of54
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Ch~fti?
City
Manager
February 15, 2022, Item #4
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 21st day of February, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform as needed geotechnical engineering services (Project);
WHEREAS, Consultant is a professional engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

2. Compensation and Reimbursement.

City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.

This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City.

Termination for cause shall be effected by delivery of written notice of termination to Consultant.

Such termination shall be effective upon delivery of said notice. 3 of 54 ATTACHMENT A
February 15, 2022, Item #4

5. Confidential Relationship.

City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.

The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

Consultant shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.

Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 2 4of54
February 15, 2022, Item #4
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

DISCLOSURE DETERMINATION:
~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Robert J. Manis, Director of Development Services

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 54 3
February 15, 2022, Item #4
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.

13. Licenses, Perm its, Etc.

Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.

14. Consultant's Insurance.

Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of 54 4
February 15, 2022, Item #4
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.

17. Consultant Not an Agent.

Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of54 5
February 15, 2022, Item #4
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration.

Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 6 8 of 54
February 15, 2022, Item #4
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
7 9 of54
February 15, 2022, Item #4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

By:------------
Alan Fenstermacher, City Attorney
10 of 54

NINYO & MOORE GEOTECHNICAL &

ENVIRONMENTAL SCIENCES
8 By:-----------
Mark Cuthbert, PE, Principal Engineer
Date: ___________ _
February 15, 2022, Item #4
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed geotechnical services further described in the Scope of Services submitted with the proposals dated December 14, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein.

Consultant shall provide the necessary qualified personnel to perform the services.

8. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated December 14, 2021, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing February 21, 2022, and ending February 20, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant.

Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.

D. Consultant's Insurance.

1. Coverages:

General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(b)
Automobile
Liability,
including
owned,
hired,
and
non
-owned
vehicles:
$1,000,000
combined
single
limit.
(c)
Consultant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability
Insurance with
policy
limits
of
not
less
than
$1,000,000
combined
single
limits,
per
claim
and
annual
aggregate.
(d)
Workers'
Compensation
insurance
in
statutory
amount.

All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance. 2.

Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains the
following
three
provisions:
(a)
Additional
Insured.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage.
"The
policy
provides
primary
coverage
to
City
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees.

It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."

3. Insurance
Certificates:

Consultant
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.

Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:

To
City:

To
Consultant:
12 of
54 2
City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Ninyo
&
Moore
5710
Ruffin
Road
San
Diego,
CA
92123
February 15, 2022, Item #4
Attachment 1
Proposal I Scope of Services

5. Scope of Services
Ninyo & Moore is a professional geotechnical and environmental sciences consulting firm providing services in geotechnical engineering, engineering geology, engineering geophysics, hydrogeology, soil and materials testing, special inspection and environmental sciences. Specific areas of expertise and specialization include the following:

Geotechnical Engineering Services
The discipline of geotechnical engineering includes several aspects. At Ninyo & Moore, geotechnical professionals:
• Design foundations, drainage systems and pavement
sections.
• Evaluate geotechnical hazards.
• Provide earthwork recommendations.
• Evaluate soil parameters.
• Assist in the development of project plans and specifications. • Evaluate seismic risks.
• Design structural repairs.
• Provide construction support.
• Participate in value engineering.
• Provide expert testimony on forensic projects.
• Oversee laboratory testing.

Typical geotechnical engineering projects will involve:
• Review of background information such as relevant
geotechnical reports, project plans and specifications, and other pertinent data.
• Conducting field studies in order to assess the nature of the on-site geotechnical conditions including the subsurface soil characteristics.
• Laboratory testing to assess the nature and behavior of soils. • Performance of engineering analyses to address slope
stability, liquefaction, soil swell and settlement, site response, foundation design, pavement thickness, and percolation. • Preparation of project design and construction reports.

Field services for geotechnical projects might include:
• Review of background information such as relevant
geotechnical reports, project plans and specifications, and other pertinent data.
• Conducting field studies in order to assess the nature of the on-site geotechnical conditions including the subsurface soil characteristics.
• Laboratory testing to assess the nature and behavior of soils. • Performance of engineering analyses to address slope
stability, liquefaction, soil swell and settlement, site response, foundation design, pavement ·thickness, and percolation. • Preparation of project design and construction reports.

Develop Scope of Work
Based on Approved Plans
and Specifications
Project Personnel
Utilization
Develop Sampling
Protocols and
Documentation Controls
Establish Communication
Lines
Utilize Established Project
Controls
Perform Geotechnical
Field and Laboratory
Testing
Quality Assurance Review
Submit Written Reports
Project Closeout and
Successful Project
Completion
Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 13 of 54
38 February 15, 2022, Item #4
Proposal I Scope of Services
Typical laboratory soil tests that are performed for geotechnical studies include • Particle gradation.
• Atterberg limits.
• Consolidation potential.
• Direct shear strength.
• Expansion index.
• Abrasion and durability.
• In-situ moisture content and dry density.
• Maximum dry density and optimum moisture content.
• Compression testing of concrete and masonry components. • Percent asphalt and gradation of AC materials.
• Hveem and theoretical maximum (Rice) unit weights of AC materials. • Hveem stability of AC materials.
• Wet-track abrasion of asphalt slurries.
• R-value or California Bearing Ratio (CSR).
• Soil corrosivity including pH, electrical resistivity, chloride content, and sulfate content.

Results of the geotechnical design studies are presented in project reports that usually provide geotechnical recommendations addressing foundation type and design, earthwork, seismicity, temporary and permanent excavations, trench backfill, lateral earth pressures, dewatering, corrosion and cement type, and pavement structural section. Construction reports typically summarize the results of the field and laboratory testing performed during construction and relate them to the requirements of the project documents including the plans and specifications. All Ninyo & Moore geotechnical projects are supervised and often conducted by registered professional engineers.

Geologic Services
Geologic evaluations are used to characterize on-site geologic conditions and to assess the potential geologic impacts to planned or existing site improvements. Geologic evaluations may be performed as part of a geotechnical study or as a free-standing evaluation. Geologic studies generally include a review of published geologic documents, and collection of field observations to verify and augment data from published materials.

Geologic evaluations may also include preparation of stratigraphic maps that show such features as bedding, foliation, fracturing, unit type, faults, fissures, landslides and slope failures, and sinkholes. Subsurface conditions are also evaluated through the excavation of exploratory borings and test pits. Large-diameter borings are often used to assess existing or potential landslides, and the condition of fill materials. In addition, fault trenches are used to assess location of faulting in areas where planned improvements encroach upon active/potentially active faults. All Ninyo & Moore geologic projects are supervised and often conducted by registered professional Sinkhole Evaluation geologists and/or certified engineering geologists.

Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 14 of 54
39 February 15, 2022, Item #4
Proposal
I Scope
of
Services
Coord
ina
tion
and Qua
lity
Control
Ninyo
&
Moore's
coordination
and
quality
control
services
may
include:
•
Project
coordination.
technical
support
and
management,
including
review
of
the
project
geotechnical
reports,
plans
and
specifications,
work
scheduling,
and
submittal
of
applicable
forms
for
each
specialty
inspector.
•
Distribution
of
test
and
inspection
reports
to
the
City
Inspector,
client
Field
Representative.
and
Construction
Manager.
•
Attendance
at
project
meetings
, when
requested.

Mate
rials
Testing
and
Field Ins
pectio
n
Ninyo
&
Moore's
materials
testing
and
field
inspection
serv
ices
may
in
clude: •
Field
density
testing
of
earthwork
, subgrade
preparation
, and
paving
operations
.

Pa
veme
nt
Reha
bili
tat
ion
•
Field
technician
services
for
sampling
and
testing
fresh
structural
concrete.
including
measuring
the
slump.
temperature,
air-content,
unit
weight,
and
casting
cylinders
for
compressive
strength
testing
.
•
Field
technician
services
for
batch
plant
inspection
during
production
of
structural
concrete
and
masonry
grout
including
checking
mix
design,
monitoring
batch
weights.
sampling
aggregates
and
preparing
batch
plant
inspection
records
.
•
Field
technician
services
for
sampling
construction
materials
such
as
reinforcing
steel
, concrete
masonry
units,
high
strength
bolts,
nuts,
and
washers,
and
cement.
•
Preparation
of
daily
field
reports
and
test
data
sheets.
•
Laboratory
testing
including
structural
and
reinforcing
steel
conformance
testing,
and
compressive
strength
testing
of
concrete,
mortar.
masonry
prisms,
and
masonry
grout
specimens
and
non-shrink
grout.
•
Preparation
and
submittal
of
the
final
summary
of
compaction
reports
.
•
Laboratory
testing
including
structural
and
reinforcing
steel
conformance
testing.
and
compressive
strength
testing
of
concrete.
masonry
mortar,
concrete
masonry
units
, masonry
prisms,
cores
and
grout
specimens,
as
well
as
shear
testing
of
masonry
wall
cores
.
•
Preparation
and
submittal
of
the
Final
Laboratory
Report.

Sp
ecialty
Ins
pection
Service
s
Ninyo
&
Moore's
specialty
inspection
services
may
include:
•
continuous
inspection
during
field
and
fabrication
shop
structural
steel
welding
and
as-needed
Non-Destructive
Testing
(NOT)
of
full
penetration
welds.
•
Continuous
inspection
during
fabrication
of
glu-lam
beams
including
checking
and
documenting
resin
type
and
lot
number
,
temperatures,
additives,
and
sealing
procedures.
•
Load
and
torque
testing
of
post-installed
anchors,
including,
hold
downs,
expansion
bolts,
and
epoxy
anchors.
•
Preparation
of
daily
inspection
reports
to
document
the
items
inspected
.
•
Continuous
inspection
of
masonry
construction
including
preparation
of
masonry
prisms,
grout
and
mortar
samples.
•
Issuance
of
final
inspect
ion
reports
.

Geo
phy
sic
al S
ervices
Ninyo
& Moore
's geophysical
group
is fully
equipped
and
qualified
to
perform:
•
Seismic
refraction
and
reflection
surveys
.
•
Downhole
and
cross
hole
shear
wave
surveys.
•
Electrical
resistivity
profiles
and
soundings.
•
Electromagnetic
(EM)
studies
.
•
Ground
penetrating
radar
(GPR)
profiling.
•
Magnetic
surveys
.
•
Vibration
monitoring
.

Ninyo
&
Moore
I City
of
Poway
As-Needed
Geoteclmical
Services,
RFP
No
. 22-018
I P02
-02632
I December
14,
2021
15 of
54 40
February 15, 2022, Item #4
Proposal
I Scope
of
Services
Our
geophysical
services
are
often
useful
in
evaluating
rock
rippability
and
soil
corrosivity,
delineating
the
presence
of
buried
underground
structures
such
as
underground
storage
tanks
and
piping,
as
well
as
utilities,
characterizing
site
response,
and
locating
faults.

Environmental
Serv
ices
Although
Environmental
Services
are
not
a
provision
of
this
contract,
Ninyo
&
Moore
geotechnical
personnel
are
trained
to
recognize
potential
environmental
hazards
. If needed,
under
this
contract,
Ninyo
& Moore
can
perform
subsurface
environmental
investigations
to
evaluate
the
presence
of
suspected
contaminants
in
soil
and/or
groundwater.

We
have
extensive
experience
with
multi-disciplinary
projects
involving
investigation
of
soil
and
groundwater
contamination
. These
projects
routinely
involve
analytical
testing
programs,
soil
vapor
tests,
and
environmental
study
reports
. We
have
intimate
knowledge
of
local,
state
and
federal
regulatory
and
permitting
requirements
. We
are
experienced
in
the
preparation
of
plans
and
cost
estimates
for
site
contamination
removal. Ninyo
&
Moore
understand
and
confirm
that
perform
ing
any
services
for
the
City,
whether
within
the
defined
scope
of
services
or
additional
services,
will
be
performed
in
a matter
consistent
with
that
level
of
care
and
skill
ordinarily
exercised
by
members
of
the
profession
currently
practicing
under
similar
conditions
and
in
similar
locations
.

Quality
Control
Programs
Ninyo
&
Moore
has
quality
control
programs
for
all
services
that
facilitate
compliance
with
project
performance
standards,
schedules,
and
budgets
.

These
comprehensive
quality
assurance
plans
utilize
management
approach
manuals
that
delineate
the
interrelationship
between
management
and
technical
staff
and
describe
specific
quality
control
procedures
to
be
used
during
the
project.

The
programs
address
time
and
budget
management,
client
liaison,
field
and
laboratory
data
collection,
data
compilation
and
analysis,
report
preparation,
job
safety,
regulatory
comp
liance,
and
peer
and
principal
review
.

One
important
goal
of
our
quality
control
program
is
to
produce
technical
project
data
of
known
and
acceptable
quality
on
all
work
assignments.

Ninyo
&
Moore's
policy
is
to
maintain
professional
standards
in
all
aspects
Trenching/Shoring
of
project
tasks
and
management.

Quality
is
achieved
through
:

A
separate
quality
assurance
group
to
monitor
quality
on
work
assignments
with
independent
corporate
oversight.

A
detailed
set
of
proven
quality
control
procedures
and
protocols
to
cover
all
project
aspects.

A
centralized
document
control
system
that
ensures
chain-of-custody
control
and
a paper
trail
for
all
controlled
documents
.

Detailed
procedures
for
auditing,
post-auditing,
and
non-conformance
reporting.

A
training
program
for
orienting
all
personnel
on
the
quality
control
procedures.

Involvement
of
project
principals
with
specialty
knowledge
and
experience.

For
example,
the
project
principal
will
be
familiar
with
conventional
construction
techniques
and
difficulties
associated
with
various
formations
and
soil
conditions
.

Peer
review
of
project
documents
and
ongoing
training
to
provide
accurate
and
complete
data.

Follow-up
with
clients
after
project
completion
by
the
owner
of
the
firm,
Avram
Ninyo,
to
gauge
client
happiness
and
the
quality
of
our
work
product,
and
obtain
feedback
for
improvements
.

Ninyo
&
Moore
I City
of
Poway
As-Needed
Geotechnical
Services,
RFP
No
. 22-018
I P02
-02632
I December

14. 2021
16 of
54 41
February 15, 2022, Item #4
Proposal I Scope of Services
Project Delivery
Project delivery is successfully achieved through:

Ninyo & Moore provides a 4-hour response time for projects in close proximity to our offices.

Personnel can be available for weekend and/or around-the-clock efforts, as project needs dictate.

Ninyo & Moore's field engineers and geologists, field technicians, and special inspectors are available throughout the duration of their project assignment(s).

Twenty-four-hours-a-day, seven-days-a-week, point-of-contact telephone, cell phone, and email information is provided to the designated City project manager/representative(s).

Personnel Available for Around-the-Clock Needs
Cost Control
Project costs are tracked and controlled via a variety of resources including:

Ninyo & Moore utilizes Deltek Vision to track projects in real-time and provide our clients with daily, weekly, and/or monthly progress reports, as required.

Ninyo & Moore utilizes Sharepoint and Dropbox to provide laboratory and field reports to our clients. Kordata, a cloud-based platform provides our clients and employees with 24-hour, 7 days-a-week secure on-site and remote access to project-related reports, laboratory data, and other information. Staff can review, approve, and send results immediately I using dashboards, and reports can be emailed and/or placed in a document repository of the client's preference.
}{in90~ ~oore
.,;-s,c.-.......

Ninyo & Moore's utilization of these tools has allowed us to become completely digital, allowing for data retrieval any time / anywhere internet access is available. They are also accessible on a variety of devices including PC, laptop computer, and iOS and Android mobile phones/tablets.

Paperless Field Capabilities
Laboratory Capabilities
Ninyo & Moore geotechnical and materials testing laboratory services include:

Maintains a fully equipped and calibrated, local in-house laboratory that provides soil, concrete, masonry, asphalt, steel, fireproofing, and high strength bolt testing.

Laboratory testing is overseen by a registered civil engineer, and meets the requirements of ASTM E329, ASTM C1077, ASTM D3740, and ASTM D3666.

Our testing laboratories have been inspected and/or accredited by the AASHTO, AMRL, CCRL, ASTM, and U.S. Army Corps of Engineers.

Certified Materials Testing Laboratory
Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14. 2021 17 of 54
42 February 15, 2022, Item #4
Attachment 2
Proposal I Method of Compensation

4. Method of Compensation
Ninyo & Moore is flexible in establishing lump sum (fixed-fee), not-to-exceed and time and materials contract task orders. All staff will be billed in accordance with the hourly rates for professional services per the Fee Proposal portion of this RFP. All laboratory testing will be billed in accordance with the unit rates provided in the attached fee schedule. All pot-holing will be billed in accordance with the unit rates provided in the attached fee schedule based on the assumptions stated in the fee schedule. We understand that each individual project will be based upon a detailed not-to-exceed fee proposal using a project specific scope of services.

Field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work performed outside normal construction hours and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum. Special inspection rates are based on a 4-hour minimum for the first 4 hours and an 8-hour minimum for hours exceeding 4 hours. Field personnel are charged portal to portal.

Ninyo & Moore's in-house labor compliance department ensures adherence to Prevailing Wage and labor law and will submit the required certified payroll reports. Prevailing Wage Determinations are by the State of California, Director of Industrial Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project.

City of Carlsbad Tamarack Avenue Sinkhole
"Ninyo & Moore has performed in an exemplari manner under the City of Carlsbad's on-call Agreements for Professional Geotechnical Consulting Services. Some of the geotechnical consulting projects completed during this timeframe were challenging. Among Ninyo & Moore's major attributes are a commitment to excellent client service, and a high level of responsiveness to our project requests. Ninyo & Moore is currently one of the City's geotechnical consultants of choice based on responsiveness, effective communication skills and quality of work. All professional services obtained by the City are provided through an open solicitation process.

Ninyo & Moore's selection for these on-call agreements has been based on technical qualifications and past performance."
Sherri Howard, Associate Engineer
City of Carlsbad
Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 18 of 54
37 February 15, 2022, Item #4
Proposal I Fee Proposal

8. Fee Proposal
Schedule of Fees -· . ---~ --~-~---·-------··----~------------------------------" ··-~-·---,.__,.._ --- Hourly Charges for Personnel_ . . , 1 • i
Professional Staff
Principal Engineer/Geologist/Environmental Scientist.......................................................................................... $ 168 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 164 Senior Project Engineer/Geologist/Environmental Scientist................................................................................. $ 160 Project Engineer/Geologist/Environmental Scientist .. .. ... ... . .. ... ... .... ......... ... ... ... ............... ... .. ...... .... .... .... ... ...... .... $ 156 Senior Staff Engineer/Geologist/Environmental Scientist..................................................................................... $ 141 Staff Engineer/Geologist/Environmental Scientist................................................................................................ $ 128 GIS Analyst............................................................................................................................................................ $ 114 Field Operations Manager..................................................................................................................................... $ 104 Supervisory Technician*........................................................................................................................................ $ 100 Nondestructive Examination Technician*, UT, MT, LP ......................................................................................... $ 105 Senior Field/Laboratory Technician*..................................................................................................................... $ 98 Field/Laboratory Technician*................................................................................................................................ $ 98 AC I Concrete Technician*..................................................................................................................................... $ 98 Concrete/Asphalt Batch Plant Inspector*.............................................................................................................. $ 98 Special Inspector (Concrete, Masonry, Steel, Welding, and Fireproofing)* ......................................................... $ 98 Technical Illustrator/CAD Operator....................................................................................................................... $ 86 Geotechnical/Environmental/Laboratory Assistant............................................................................................... $ 73 Information Specialist............................................................................................................................................ $ 73 Data Processina, Technical Editin , or Re reduction.......................................................................................... $ 64 Concrete Coring Equipment (includes one technician) ............................................................................. $ 180 /hr PID/FID Usage ............................................................................................................................................ $ 140 /day Anchor load test equipment (includes technician)...................................................................................... $ 108 /hr Hand Auger Equipment............................................................................................................................... $ 65 /day Inclinometer Usage ... ...... ..... ... . .... ... ...... .......... .... ... ................. ... . . . . ... .. . . ... ... . . . ......... ........... ............ ...... ...... $ 40 /hr Vapor Emission Kits . .. .. .. . .. .. .. ... .. . .. . .. . .. . . .. . .. .. . . .. . .. .. . . . . .. .. .. .. .. .. ... . . .. .. . .. . . . . .. . . .. . . . .. . .. .. .. .. . . .. . .. .. . .. .. . .. .. .. .. .. .. . ... . .. $ 40 /kit Level D Personal Protective Equipment (per person per day)................................................................... $ 30 /p/d Rebar Locator (Pachometer) ... .. ... . . ...... ..... ... ... .... ..... .......... ... .. ........ ... .............. .... ............... ...... .. ...... ......... $ 30 /hr Nuclear Density Gauge Usage .. ... .. ... . .... ... ...... ...... ................ ... ... ..... .......... ...... ......... .......... ...... ....... ... . .. .... $ 15 /hr Field Vehicle Usage ..... ... . .. .. ... ......... ...... . ... .... ..... .. ....... ......... ... .... .. ...... ... ...... .... ... .... . .. ... ... .... . .. .. ... .......... ... . $ 15 /hr Direct Project Expenses...................................................................................................................... Cost plus 15 % Laboratory testing, geophysical equipment, and other special equipment provided upon request. *Indicates rates that are based on Prevailing Wage Determination made by the State of California, Director of Industrial _ Relations on a semiannual basis. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project.

Ninyo & Moore I City of Poway As-Needed Geotechnical Services. RFP No. 22-018 I P02-02632 I December 14, 2021 19 of 54
45 February 15, 2022, Item #4
Proposal I Fee Proposal
Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 $ 170 Compression Tests, 6x12 Cylinder, C 39 California Bearing Ratio (CBR), D 1883 $ 550 Concrete Mix Design Review, Job Spec Chloride and Sulfate Content, CT 417 & CT 422 $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI Consolidation, D 2435, CT 219 $ 300 Concrete Cores, Compression (excludes sampling), C 42 Consolidation, Hydro-Collapse only, D 2435 $ 150 Drying Shrinkage, C 157 Consolidation -Time Rate, D 2435, CT 219 $ 200 Flexural Test, C 78 Direct Shear -Remolded, D 3080 $ 350 Flexural Test, C 293 Direct Shear -Undisturbed, D 3080 $ 300 Flexural Test, CT 523 Durability Index, CT 229 $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI Expansion Index, D 4829, IBC 18-3 $ 190 Lightweight Concrete Fill, Compression, C 495 Expansion Potential (Method A), D 4546 $ 170 Petrographic Analysis, C 856 Geofabric Tensile and Elongation Test, D 4632 $ 200 Restrained Expansion of Shrinkage Compensation Hydraulic Conductivity, D 5084 $ 350 Splitting Tensile Strength, C 496 Hydrometer Analysis. D 6913, CT 203 $ 220 3x6 Grout. (CLSM), C 39 Moisture, Ash. & Organic Matter of Peat/Organic Soils $ 120 2x2x2 Non-Shrink Grout, C 109 Moisture Only, D 2216, CT 226 $ 35
Moisture and Density, D 2937 $ 45 ASPHALT
Permeability, CH, D 2434, CT 220 $ 300 Air Voids, T 269 pH and Resistivity, CT 643 $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) Proctor Density D1557, D 698, CT 216, AASHTO T-180 $ 220 Asphalt Mix Design Review, Job Spec Proctor Density with Rock Correction D 1557 $ 340 Dust Proportioning, CT LP-4 R-value, D 2844, CT 301 $ 375 Extraction,% Asphalt, including Gradation, D 2172, CT 382 Sand Equivalent, D 2419, CT 217 $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 Sieve Analysis, D 6913, CT 202 $ 145 Film Stripping, CT 302 Sieve Analysis, 200 Wash, D 1140, CT 202 $ 100 Hveem StabMity and Unit Weight D 1560, T 246, CT 366 Specific Gravity, D 854 $ 125 Marshall Stability, Flow and Unit Weight, T 245 Thermal Resistivity (ASTM 5334, IEEE 442) $ 925 Maximum Theoretical Unit Weig ht. D 2041, CT 309 Triaxial Shear, C.D, D 4767, T 297 $ 550 Moisture Content, CT 370 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 Triaxial Shear, C.U., w/o pore pressure, D4767,T 2297 per pt $ 350 Slurry Wet Track Abrasion, D 3910 Triaxial Shear, U.U., D 2850 $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) Unconfined Compression, D 2166, T 208 $ 180 Superpave, Gyratory Unit Wt., T 312 Superpave, Hamburg Wheel, 20,000 passes, T 324
MASONRY Unit Weight sample or core, D 2726, CT 308
Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 Brick Compression Test C 67 $ 55 Voids filled with Asphalt, (VFA) CT LP-3 Brick Effiorescence, C 67 $ 55 Wax Density, D 1188
Brick Modulus of Rupture, C 67 $ 50
Brick Moisture as received, C 67 $ 45 AGGREGATES
Brick Saturation Coefficient, C 67 $ 60 Clay Lumps and Friable Particles, C 142 Concrete Block Compression Test, 8x8x16, C 140 $ 70 Cleanness Value, CT 227 Concrete Block Conformance Package, C 90 $ 500 Crushed Particles, CT 205 Concrete Block Linear Shrinkage, C 426 $ 200 Durability, Coarse or Fine, CT 229 Concrete Block Unit Weight and Absorption, C 140 $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 Cores, Compression or Shear Bond, CA Code $ 70 Flat and Elongated Particle, D 4791 Masonry Grout. 3x3x6 prism compression, C 39 $ 45 Lightweight Particles, C 123 Masonry Mortar, 2x4 cylinder compression, C 109 $ 35 Los Angeles Abrasion, C 131 or C 535 Masonry Prism, half size, compression, C 1019 $ 120 Material Finer than No. 200 Sieve by Washing, C 117 Masonry Prism, Full size, compression, C 1019 $ 200 Organic Impurities, C 40 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 Chemical Analysis, A 36, A 615 $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 Fireproofing Density Test, UBC 7-6 $ 90 Sand Equivalent, T 176, CT 217 Hardness Test, Rockwell, A 370 $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 per assembly, A 325 $ 150 Sodium Sulfate Soundness, C 88 Mechanically Spliced Reinforcing Tensile Test, ACI $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 Pre-Stress Strand (7 wire), A 416 $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 $ 75 Structural Steel TensUe Test: Up to 200,000 lbs., A 370 $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI $ 80 Roofing Tile Absorption, (set of 5), C 67 Roofing Tile Strength Test, (set of 5), C 67
Special preparation of standard test specimens will be charged at the technician's hourly rate.

Ninyo & Moore is accredited to perform theAASHTOequivalentofmany ASTM test procedures.

Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 20 of 54
$ 35
$ 300
$ 850
$ 120
$ 400
$ 85
$ 85
$ 95
$ 275
$ 80
$ 2,000
$ 450
$ 100
$ 55
$ 55
$ 85
$4,500
$ 180
$ 85
$ 250
$ 150
$ 120
$ 225
$ 240
$ 150
$ 95
$1,000
$ 150
$4,900
$ 100
$1,000
$ 100
$ 90
$ 90
$ 140
$ 180
$ 180
$ 175
$ 205
$ 180
$ 220
$ 180
$ 200
$ 90
$ 90
$1,250
$ 950
$ 475
$ 125
$ 120
$ 145
$ 450
$ 115
$ 175
$ 250
$ 250
46 February 15, 2022, Item #4
Proposal I Fee Proposal
TRil=COU TI7 DR~LLING, iNC.
963 7 CANDIDA STREET. SAN DIEGO. CA 92 7 26 L!CENSE#547737 PH: (858) 2 7 I -0099 FAX: (858) 2 7 1-02 33
Description
Drill Rig Mobilization
2021 FEE SCHEDULE
Prevailing Wage/Davis Bacon Wage Rates
2 Man Crew
Canterra 450/Drilltech T25 KW Air Percussion/Air Rotary* Canterra 450: Mud Rotary*
CME 75 High Torque Auger Air/Mud Rotary/Coring
SIMCO 4000 Auger/Direct Push/Air Percussion/Mud Rotary/Coring* Diedrich D-120 All Terrain High Torque ATV Rig/Auger/Air Percussion/Mud* Diedrich D-120 High Torque Rig/Auger/Air Percussion/Mud Rotary/Coring* All Terrain Rubber Track Mounted Rig/Auger/Air Percussion/Mud Rotary* Additional Crew Member (3rd Man)
Crew travel without Drill Rig (long term out of town jobs )& Daily Crew Travel from Hotel Water Truck (without driver)
Smeal 5T Development Rig* with one man
Service Truck/Flatbed with Liftgate
Solids Control System (for mud rotary drilling)
ASV-RC 100 Multi-Terrain Track Loader or Bobcat-Move On/Move Off -San Diego County ASV-RC 100 Multi-Terrain Track Loader or Bobcat-Move On/Move Off-Los Angeles County Bobcat Rental with OQerator and digging bucket ()-hour minimum} Bobcat Rental & digging bucket without Operator
ASV-RC 100 Rental with Operator and digging bucket ( 4-hour minimum) ASV-RC I 00 Rental & digging bucket without operator
ASV-RC 100 or Bobcat Attachments: Backhoe, Brush Cutter, Forklift Continuous Sampler (5' barrel)
Steam Cleaner or Pressure Washer
Submersible Pump (2" or 4") up to 75 gpm (Other pump up to 400 gpm -P.O.R.) HQ Wireline or NX Rock Coring System -5' Barrel (does not include bit charge) HQ Bit Charge
Grout Mixing & Pumping Unit
HSA Bit Rebuild
Generator (up to 5 kw)
Upgrade to Level "C"
Air Compressor Rental -(375 cfm)
Air Compressor Rental -(750 cfm)
Concrete Cores, 6", 8" and 11" diameter, up to 8" deep
Concrete Saw cut, 3' x 3' x 4" deep
Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 21 of 54
Unit Price
$250.00/Hour
$525.00/Hour
$525.00/Hour
$435.00/Hour
$395.00/Hour
$465.00/Hour
$455.00/Hour
$435.00/Hour
$94.00/Hour
$200.00/Hour
$330.00/Dav
$270.00/Hour
$225.00/Day
$550.00/Day
$418.00/Each
$750.00/Each
$275.00/Hour
$295.00/Day
$248.00/Hour
$462.00/Day
$215.00/Day
$235.00/Dav
$220.00/Dav
$235.00/Dav
$250.00/Dav
$7.00/Foot
$245.00/Dav
$325.00/Each
$150.00/Dav
$143.00/Man/Day
$688.00/Day
$864.00/Dav
$425.00/Each
$500.00/Each
47 February 15, 2022, Item #4
Proposal I Fee Proposal
TY DRllLL1NG, I
963 I CANDIDA STREET SAN DIEGO. CA 92 126 LICENSE#54 773 7 PH: (858) 271-0099 FAX: (858) 271-0233
Air Percussion Bits -Up to 6" Diameter
Air Percussion Bits -Up to 8"-1 O" Diameter
Drill Teeth (Bullet)
Per Diem (hotel+ meals) Per man
Overtime, Weekend & Holiday Surcharge 2 man crew (overtime charged on all hrs over 8/day) Steam Cleaning (a) yard
DWR Reporting
Bentonite grout
Bentonite chips
DOT Drums
Shelby tubes
Polymer

1.5" x 6" Tubes and Caps

2.5" x 6" Tubes and Caps
Plastic Container w/ 6 ea. 2.5" x I" Brass Rings
Rig or Crew Standby
HWT Casing Advance System
Level C PPE-per crew member
Cancellation Fee (Cancellation occurring less than 48 hours prior to drill date) Escalation Fee-3% Per Year
C.
$5.00/Ft.
$7.00/Ft.
$20.00/Each
$200.00/Day
$99.00/Hour
$121.00/Hour
$77 .00/Hour
$28.00/Sack
$28.00/Sack
$65.00/Each
$20.00/Each
$80.00/Pail
$8.00/Ea
$8.00/Ea
$46.00/Ea.
$200.00/Hour
$250.00/Dav
$50.00/Day
4-Hour Minimum
Full Worker's Comp, General Liability, and Pollution Liability Insurance Coverage WBE: City of San Diego, County of San Diego, OCTA, CAL TRANS WBE/DBE Certified California Public Utilities (CPUC) Certified WBE, (WOSB) Woman Owned Small Business-Federal Gov't SBE-State of California DGS, SBA
Tri-County Drilling, Inc.

Official Legal Name of Firm
Sheryl Peterson President 1/22/2021
Print Name Title Date
Signature
Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 22 of 54
48 February 15, 2022, Item #4
Proposal I Fee Proposal
Pacific Drilling Co
www .pacuri I I .com
5220 Anna Ave. Ste. A
San Diego, CA 92110
619-294-3682
~@IT'WH©@® @ITu@l ~~llJl~~fMl@[ji}1
Welcome to Pacific Drilling Company. We are a
full-service drilling and soil sampling company
serving the geotechnical, environmental,
engineering and construction communities
throughout the Southwestern United States.

Our team of skilled equipment operators and
project managers has decades of experience in
multiple rotary drilling techniques, CPT and Direct
Push utilizing a fleet of technologically advanced
truck mounted and limited access drilling rigs.

Dedication to constantly improving our process
has resulted in multiple hi tech additions to our
systems, such as our exclusive eSPT digital self
calibrating auto hammer, remote rig diagnostics
and laser based virtual safety cages.

Over the years, through our extensive client base,
we have worked on thousands of diverse projects
for multiple agencies including: SANDAG, City of
San Diego, LADWP, LA.METRO, Imperial
Irrigation District, MWD of Southern CA, San
Diego County Water Authority, LAWA, SDIAA,
Port of San Diego, CSU, University of CA, Army
Corp of Engineers, Caltrans and the US Navy.

Assisting with field investigations in difficult to
reach locations is a specialty at Pacific Drilling Co.

Our broad experience base and unique equipment
capabilities enable our team to provide solutions
to all of your project's challenges in a timely, cost
effective manner.

Pacific Drilling Co. is in business to provide the
most skilled personnel and the most advanced
equipment to ensure that your drilling, soil
sampling, and related support services are
delivered beyond your expectations. We approach
• every customer, project and job site with respect,
a positive attitude, careful attention to detail and a
sense of pride in our work.

Certifications:

Our Current Fleet Includes:
•High Power Truck Mount Rotary/CPT-Marl M10
•All Terrain Truck Mount Rotary/CPT -Marl TXD
•All Terrain Truck Mount Rotary-Wolverine MS
•Truck Mount Rotary Rig -Diedrich 050
• Truck Mount Large Diameter -EZ Bore
•Track Mount L.A.R. -Fraste Multidrill PL-G
•Track Mount L.A.R. -Mole
•Track Mount L.A.R. -Mini Mole
•Tripod Rig -Beaver Tripod
•Track Mount Large Diameter L.A.R. -Badger
All Rigs CARB Compliant
Our Services Include:
•Auger Drilling
•Mud Rotary Drilling
•Air Rotary Drilling
•Rock Coring (HQ & NQ)
•CPT Soundings
•Geotechnical Soil Sampling
•Water/SoilNapor Sampling
•Monitoring Well Installation/Development
•Slope Inclinometer Installation
•Indoor Drilling
•Over Water Drilling
•Hillside/Slope Drilling
•Large Diameter Borings for:

Down Hole Logging
Caissons
CA C-57 681380 DIR Reg# 1000009159
CA Certified Small Business/Micro Business
S.D. Certified SLBE
DUNS # 613525278
Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 23 of 54
49 February 15, 2022, Item #4
Proposal
l Fee
Proposal
Minimum Required Clearance Minimum Operating
Height
Power
Source
Max
Rotary
Torque 3in
Solid
Flight
Auger 6in
Solid
Flight
Auger Bin
Solid
Flight
Auger Rock
Coring
(NO/HQ) 1 Bin
, 24
in,
30in
Boring Direct
Push
4-Sin
Mud
Rotary
4-Sin
D.T
.H. Air
Hammer 6.Sin
(3
.25
ID)
Hollow
stem
Auger a.Sin
(4.25
ID)
Hollowstem Auger Angle
Drill
Maximum
Slope
Drill Crane
Weight
(Heaviest
Piece)
Limited
Access
Rig
Specifications
(Drill
Depths
Subject
to
Soil
Cond
itions)
Fraste
Mole
Mini-Mole
Beaver
Tripod
MultiDrill
Hollow
Stem
Solid
Flight
Solid
Flight
LAR
LAR
LAR
LAR
W
: 40in
W:
54 in
W
:36in
H:96in
H:
73in
H:
79in
Room
to
Wa
lk
L:17ft
L:
144in
L:
120in
18ft.
9'2"
11ft
.
8ft.
66hp
Diesel
67hp
Diesel
33hp
Diesel
11hp
Gas
5500FVlbs
5500Ft/lbs
3500Ft/lbs
900Ft/lbs
@70
RPM
@70RPM
@70
RPM
@70RPM
To
30ft
NIA
To
30ft
To
30ft
To115ft
To
115ft
To
115ft
To
50ft
To
45ft
To
45ft
To
45ft
To
20ft
To
100ft
NIA
NIA
NIA
NIA
NIA
NIA
NIA
NIA
To50ft
NIA
NIA
200ft
NIA
To
100ft
NIA
To
100ft
NIA
To
100ft
NIA
To
20ft
To
100ft
To
120ft
To
35ft
(2.75
ID)
To75ft
To
60ft
NIA
NIA
NIA
To
45 Degrees
To
45 Degrees
NIA
N/A
3:1hh

1.5:1hh
1 :1
hh
90001bs
70001bs
55001bs
2001bs
Ninyo
&
Moore
I City
of
Poway
As-Needed
Geotechnical
Services,
RFP
No.
22 -018
I P02
-02632
I December
14,
2021
24 of
54 Badger
Bucket/Spin
LAR W
:36in
H:
86in
L:
162in 12ft
38hp
Diesel
12000Ft/lbs @70
RPM

NIA NIA NIA NIA
To
sstr· NIA NIA NIA NIA NIA
To
10 Degrees
2:1
(Mob
On
ly)
90001bs
50 February 15, 2022, Item #4
Proposal I Fee Proposal
Minimum
Required
Clearance
Minimum
Operating
Height
Power Source
Max Rotary
Torque
Push Force
Pull Force
Rock Coring
(HQ/NQ)
18in -48in
Borings
CPT
Direct Push
4-Sin Mud
Rotary
4-Sin D.T.H. Air
Hammer

6.Sin (3.25 ID)
Hollowstem
Auger

8.Sin (4.25 ID}
Hollowstem
Auger
Crane Weight
(Heaviest Piece)
Truck Rig Specifications
(Drill Depths Subject to Soil Conditions)
SaberCat High Torque Truck
MARL Truck Mount Mount
TXD Rotary Rotary
All Terrain MARL M10 Unimog MS
W:8ft W:9ft W:8ft H: 13ft
L: 25ft H: 13ft H: 13ft
L: 25ft L: 25ft
35ft 35ft 33ft

PTO PTO PTO
8,500 Ft/lbs 15,000 Ft/lbs 8,500 Ft/lbs @70rpm @70rpm @?0rpm 18,000 Lbs 23,300 Lbs 18,000 Lbs
34,000 Lbs 38,000 Lbs 34,000 Lbs
TO 150ft NIA NIA

NIA NIA NIA
To 100ft To100ft NIA
NIA NIA To 50ft
To 400ft To 400ft NIA
To 100ft To 100ft NIA
To 150ft To 150ft To 150ft
To 100ft To 150ft To 100ft
33,000Lbs 33,000lbs 32,000lbs
Truck
Mount
Rotary
Diedrich
050
W:8ft
H: 13ft
L:25ft
30ft
140hp
Diesel
7,500
Ft/lbs
@70rpm
14,450 Lbs
22,600 Lbs
To 1500ft
NIA
NIA
NIA
To 200ft
To 100ft
To 100ft
To 100ft
28,000lbs
Ninyo & Moore I City of Poway As-Needed Geolechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 25 of 54
Truck
Mount
Bucket
EZ Bore
W: 9ft
H: 13ft
L:46ft
45ft
115hp
Diesel
NIA
NIA
NIA
To
150ft**
NIA
NIA
NIA
NIA
NIA
NIA
NIA
51 February 15, 2022, Item #4
Proposal I Fee Proposal
PACIFIC DRILLING CO.
5220 ANNA AVE STE A
SAN DIEGO, CA 92110
Equipment & Personnel Rates
Effective: 1/1/22-6/30/22
619-294-3682
(f) 619-294-3283
Hourly Equipment Rates (Includes 2 Man Crew Portal to Portal) SaberGat Yeti Wolverine Mini Beaver MARL
TXD MARL MARL Diedrich Fraste Mole Mole Tripod
All-Terrain M10 MS 050 L.A.R. L.A.R. L.A.R. L.A.R. All-Terrain $260/Hr $255/Hr $225/Hr $225/Hr $245/Hr $230/Hr $230/Hr $170/Hr Hourly Prevailing Wage Rate-All Rigs: $375.00/Hr
Additional Support Equipment Rates
Support Truck $195.00 per day
CPT Soundings $500.00 per day (<1 0hrs) $300.00 per ½ day (<5hrs) Rock Coring Equipment Package $525/day + Bit Wear
Mud Rotary Equipment Package $275.00 per day+ Bit Wear
Air Rotary Equipment Package $575.00 per day + Bit Wear Basic Concrete Coring $50.00 per core
Water Cooled Exhaust Ventilation Equipment $175.00 per day Generator $125.00 per day
Decon Equipment Package $150.00 per day
Continuous Core Soil Sampling $150.00 per day
Standard Bobcat Skid Steer $450.00 per day
Surcharges
Overtime Surcharge $45.00 per man per hour
Hillside/Hazard Surcharge" $15.00 per man per hour
USL&H Surcharge $15.00 per hour per man
Per Diem $175.00 per man per night
Extra Man -Portal to Portal $80.00 per hour
4X4 Surcharge $40.00 per hour
Well Development/Water Sampling Services
Field Technician -Portal to Portal $105.00 per hour
Groundwater Sampling Equipment <50ft $100.00 Per Day
Groundwater Sampling Equipment >50ft $200.00 Per Day
Transducer Rental $50.00 each per day
Level C PPE Surcharge $20.00 per man per hour on site
Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 26 of 54
Large
Diameter
$305/Hr
52 February 15, 2022, Item #4
Proposal I Fee Proposal
PACIFIC DRILLING CO.
5220 ANNA AVE STE A
SAN DIEGO, CA 92110
UNDERGROUND STRUCTURES:

Terms and Conditions
619-294-3682
(f) 619-294-3283
Client/Consultant will mark each boring location and will notify Underground Service Alert (USA) or other local utility service alert for utility clearance at boring locations. Pacific Drilling Co will be included on the Utility Service Alert Ticket as the intended excavating contractor. For marked location on private property, Client/Consultant is responsible for clearing utilities at the proposed boring locations. Pacific Drilling Co shall be responsible for exercising care in operating equipment in the vicinity of utilities, whether overhead, at ground level or buried, however Pacific Drilling Co will not be responsible for damages to subsurface utilities and/or structures at locations marl<ed by Client/Consultant, except to the extent such damage is caused by the negligence or willful misconduct of Pacific Drilling Co.

PROPERTY DAMAGE:.

Pacific Drilling Co. will not be responsible for damage to landscapes, flatwork or structures, caused by equipment movement or drilling operations. unless such damage is caused by its employee's negligence or willful misconduct.

ADDITIONAL INSURANCE CHARGES:

Additional Named Insured (other than party hiring Pacific Drilling Co): $75.00 per Certificate Holder.

MINIMUM CHARGE: A four hour minimum charge plus applicable travel charges will apply to all invoices.

CANCELLATION POLICY:

A $750.00 late cancellation fee will be charged if a cancellation is received later than one (1J business day prior to scheduled start time.

Multiple day bookings are subject to a $1250 charge if canceled less than 48 hours of sche uled departure time. If the work is subsequently rescheduled within30 days of cancellation. a $300.00 rescheduling credit will be applied to the project invoice.

WEATHER RELATED CANCELLATION POLICY:

In the event of forecasted inclement weather, safety is of the utmost concern. A rain/inclement weather contingency plan should be discussed with dispatch prior to the scheduled work day. If that is impractical, you can contact the drill rig operator directly on lhe number listed on the work order that is emailed to you prior to the job date. Alternatively, arrangements can be made with our after hours employee by calling the office number and following tfle prompts.

Weather Related Cancellation Charges:

If rig/crew is cancelled prior to leaving for work the morning of the job: No Charge If rig/crew is cancelled after reporting for duty: $125.00 per man charge.

If rig/crew is cancelled after mobilizing: Stanifard 4 hour minimum applies.

RESTOCKING CHARGE:

Any materials, supplies or support equipment ordered, delivered and not used is subject to a restocking fee/minimum charge.

LOST TOOLING:

Casing, core barrels, CPT Cones and drill rods consumed or lost in the drill hole, through no fault of the drill crew, or left at the client's request, will be invoiced at list price, plus freight charges.

OVERTIME POLICY:

Overtime surcharge will be added to the hourly rig rate:
•After 8 hours in a day •At night (7pm-5am) On weekends and holidays.

PAYMENT TERMS:
2%30 Net 45. Clients requiring greater than 45 day payment terms will be subject to a Finance Surcharge of 1.5% per month calculated from the invoice date .
*HAZARD: Projects where hazardous materials or abnormal hazards to equipment and/or personnel exist. •HILLSIDE: Rig set up on 2.5:1 or steeper
Ninyo & Moore I City of Poway As-Needed Geotechnical SerJices, RFP No. 22-018 I P02-02632 I December 14, 2021 27 of 54
53 February 15, 2022, Item #4
Proposal I Fee Proposal
AJ!f~ ,
December, 09, 2021
Ms. Cherrie Bowman
Ninyo & Moore, Inc.
5710 Ruffin Road
San Diego, CA 92123
[email protected]
858-576-1000 xi 1274
Ms. Bowman:

Please see the attached rates for AIRX Utility Surveyor's, Inc. for years 2022-2024.

AIRX FEES FOR POTHOLING AND LOCATING SERVICES
City of Poway -As Needed Services

LOCATING
$1,850 Daily Fee -This includes one man, a van with all locating equipment and all the hand tools.

Expectations are: 500 lineal feet of street or½ acre per locator per day.

POTHOLING
$2,900 Daily Fee -This includes a two-man crew, Vacuum and Support Truck and all the hand tools.

Expectation is three to four holes per day average depending on conditions.

CCTV
$2,800 Daily Fee -Includes a two-man crew, Camera Truck, safety equipment and hand tools.

MARK OUT REMOVAL
$2,400 Daily Fee -This includes a two-man crew, Support Truck with high pressure water and walnut shell air abrasion power tools and all hand tools.

Hot Asphalt Small Road Repair
$5,200 Daily Fee -Includes a four-man crew, Skid Steer and Grinder, Hot Box and Roller, all materials and all the hand tools.

Sincerely,
~ f/lAdwvit't,0---
Gail McMorran -Principal
President I CEO
2534-C East El Norte Parkway
Escondido, CA 92027
760-480-234 7 X 10 I
[email protected]
2534-C EEL NORTE PKWY, ESCONDIDO, CA 92027 760-480-2347 f SAN DJ EGO www.airxus.com 5191 MAYBERRY AVE, RANCHO CUCAMONGA, CA 91737 909-493-1554 { INLAND EMPIRE NA/CS: 561990 J SIC: 8713, 7389 Ninyo & Moore I City of Poway As-Needed Geotechnical Services, RFP No. 22-018 I P02-02632 I December 14, 2021 54 28 of 54
February 15, 2022, Item #4
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

A
retiree
shall
certify
in
writing
to
the
employer
upon accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement.
(2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
30 of
54 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.

The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.

The department
may establish
a process
to
delegate
appointing
authority to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.

If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed and
approves
the
appointment
in
a
public
meeting.

The
appointment
may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.

The appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements.
2 February 15, 2022, Item #4
Cal
Gov
Code
§ 7522.56
( 4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
and
subdivision
(t)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214.
24214.5
or
26812
of
the
Education
Code.
(i)This
section
shall
not
apply
to
(1)
a subordinate
judicial
officer
whose
position
, upon
retirement,
is
converted
to
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II
who
is
assigned
to
.serve
in
a
court
pursuant
to
Section
68543.5.

History Added
Stats
2012
ch
296
§
15 (AB
340).
effective
January
1,
2013.

Amended
Stats
2013
.ch
528
§
11 (SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 §
75 (AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476).
effective
January
1,
2015.

Annotations Notes
Amendments: Note-
Amendments: 2013
Amendment:

Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(t)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(t)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
31 of
54 3
February 15, 2022, Item #4
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
21 st
day
of
February,
2022,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and

BARNETT

QUALITY

CONTROL

SERVICES,
INC.
dba
NOVA

SERVICES,
INC.
(hereinafter
referred
to
as
"Consultant").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
of
a
private
consultant
to
perform
as
needed
geotechnical
engineering
services
(Project);

WHEREAS,
Consultant
is
a
professional
engineering
consultant
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services;

WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth.

NOW,

THEREFORE,
IT
IS

MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSUL
TANT
ON
THE

FOLLOWING
TERMS
AND
CONDITIONS:

1. Scope
of
Services.

Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

2. Compensation
and
Reimbursement.

City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

3. Term
of
Agreement.

The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.

Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.

During
said
60-
day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.

This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City.

Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.

Such
termination
shall
be
effective
upon
delivery
of
said
notice.
32 of
54 ATTACHMENT
B
February 15, 2022, Item #4

5. Confidential
Relationship.

City
may
from
time
to
time
communicate
to
Consultant
certain
information
to
enable
Consultant
to
effectively
perform
the
services.

Consultant
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City.

Consultant
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.

The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Consultant
, hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Consultant
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Consultant
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.

In
its
performance
hereunder,
Consultant
shall
comply
with
all
legal
obligations
it
may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation.

6. Office
Space
and
Clerical Support.

Consultant
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.

7. Covenant
Against
Contingent
Fees.

For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability
, or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee.

8. Ownership
of
Documents.

All
memoranda,
reports,
plans,
specifications,
maps
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Consultant
upon
demand.

9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.

During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests
conflict
in
any
way
with
those
of
the
City
of
Poway.

Consultant
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code
.

Consultant
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.

Consultant
represents
that
it
has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it might
perform
services
for
the
City.
33 of
54 2
February 15, 2022, Item #4
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;

5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;

6. Grant City approval to a plan, design, report, study, or similar item;

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

DISCLOSURE DETERMINATION:
~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

Robert J. Manis, Director of Development Services

10. No Assignments.

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 34 of 54 3
February 15, 2022, Item #4
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

13. Licenses, Permits, Etc.

14. Consultant's Insurance.

Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
35 of 54 4
February 15, 2022, Item #4
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
( d)
In
any
and
all
Claims
against
City
by
any
employees
of the
Consultant,
anyone
directly
or
indirectly
employed
by
it
or
anyone
for
whose
acts
it
may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining
; however,
if
Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15 .
(g)
The rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this Agreement.

16. Assumption
of
Risk.

Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services.

17. Consultant
Not
an
Agent.

Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.

Consultant
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.

18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.

The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.

City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.
36 of
54 5
February 15, 2022, Item #4
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.

22. Counterparts.

23. Entire Agreement.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified.

25. Severability.

If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if
possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
38 of
54 7
February 15, 2022, Item #4
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:----------
Chris Hazeltine, City Manager
Date: ------------
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

By:-------------
Alan Fenstermacher, City Attorney
39 of 54

BARNETT QUALITY CONTROL
SERVICES, INC. dba NOVA SERVICES, INC.

By:-----------
Danny J. Barnett, President/CFO
Date: ___________ _
8 February 15, 2022, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant shall provide the necessary qualified personnel to perform the services.

8. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated December 14, 2021, which are included in this document as Attachment 2. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

C. Term of Agreement.

D. Consultant's Insurance.

1. Coverages:

Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the 40 of 54
February 15, 2022, Item #4
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Consultant:
41 of 54 2
City of Poway -Development Services
13325 Civic Center Drive
Poway, CA 92064
NOVA Services, Inc.
4373 Viewridge Ave, Ste. B
San Diego, CA 92123
February 15, 2022, Item #4
Attachment 1

7. SCOPE OF WORK

1. GEOTECHNICAL DESIGN SERVICES

GEOLOGIC SETTING OF THE CITY OF POWAY
NOVA's understanding of subsurface conditions in the City is based on project experience within Poway and the surrounding communities. We have a well-developed understanding of both the geologic setting of the City and the mechanical characteristics (strength and compressibility) of the underlying geologic formations. Poway is located in the western San Diego County portion of the Peninsular Ranges Geomorphic Province. Within this area, Poway lies approximately on the border of two physiographic provinces, the Coastal Range to the west, and the Foothill province to the east. As a consequence, the surficial geology of the area is quite variable, including a variety of rock and soil units.

The Coastal Range province in San Diego
County can be generalized as underlain by
Quaternary and Tertiary sedimentary rocks
which were deposited on upper Cretaceous
sedimentary rocks in a basin known as the
San Diego embayment. The most abundant
rocks in the embayment are gently folded
and faulted Eocene marine, lagoonal,
and nonmarine rocks. The Foothills
physiographic province can be generalized
as granitic-type rocks of the Southern
California batholith, which were intruded
to the pre-existing Mesozoic volcanic and
sedimentary rocks, often displaying low
grade metamorphism near the contacts.

Within this area it is very common to have
young and old alluvial deposits derived of
the surrounding granitic rocks. These units
are deposited within drainage ways, alluvial
fan deposits, and slope wash.

There are no known active or potentially
active faults within the City. Active faulting

KEY TO SYMBOLS
~ GRANOOIOM'E. UNOMOED
YOLJHCAI.LlNIAL
A.000-Pl.AJH DEPOSITS
STACllUM CONGI.OllEAATE
Geology of the Poway Area
fOW.ITE. UNONIOE0
MCT.WORPtlOSEO A~D
IJtiJ,tET......ORPttOS(0 VOLCAN
ANO SEOIMfNTMY ROO(S,
lko()MOEO
capable of generating a large magnitude earthquake surrounds the area. The nearest known active faulting is that associated with the Rose Canyon Fault Zone (RCFZ), aligned through San Diego Bay about 8 miles west of Poway. The La Nacion Fault, aligned about 2 miles west of the City, is considered a potentially active fault. The risk of fault rupture in a seismic event is negligible. However, development of civil works within Poway must be designed to resist strong ground motions per the requirements of the 2019 California Building Code.

While development of civil works within Poway must anticipate strong ground motions during the lives of structures, there is no known risk of liquefaction (loss of ground strength and settlement do to earthquake shaking) or related phenomena (e.g., lateral spreading, ground lurching, etc.) Despite this apparent security, every geotechnical evaluation of the development of civil works within the City should consider the potential for liquefaction.

The geologic and topographic setting of Poway is such that the risk of landslide is negligible for most areas of the City, although it is important to note that civil development of sites can create landslide risk.

Collapsible (or hydro-collapsible soils) occur in the Poway area. The term collapsible/hydro-collapsible describes a naturally occurring soil of aeolian, alluvial, and colluvial origin that is susceptible to large decreases in bulk volume when it becomes saturated. The San Diego region is at risk for such soils. The City identifies collapsible soils among the ground subsidence hazards that planning for development should consider, identifying the phenomenon as a natural City of Poway As-Needed Geotechnica/ Se,vices, RFP #22-018 39 42 of 54
February 15, 2022, Item #4

7. SCOPE OF WORK
hazard that occurs in Poway ' .... usually caused by first time wetting of open textured soils which compact under their own weight.' (City of Poway, General Plan, Public Safety element, found at https://poway.org/286/General-Plan) Expansive soils are commonly encountered in the near subsurface. The potentially damaging effects of expansive soils (i.e., large volume change-both swelling and shrinkage-on wetting and drying) is the subsurface and geologic hazard most commonly encountered in the City. Design must adapt development of civil works to the presence of the soils, either by removal of the soil or design of structures to adapt to the potential volume changes.

TYPICAL APPROACH TO GEOTECHNICAL DESIGN SERVICES
NOVA's typical approach to providing geotechnical design services includes:

REQUEST FOR

PROPOSAL

NOTICE TO

PROCEED

FIELD AND

LABORATORY

SERVICES

FINAL REPORT
• Prepare a proposal outlining the scope of work and budget. • Work with the City to develop the most efficient and cost-effective solutions. ·-
• Review of available and relevant geotechnical data pertaining to the site, including geologic maps, topographic maps, prior geotechnical reports, and other pertinent literature. • Scheduling dig alert and utilities clearance as well as scheduling the drill rig or other necessary equipment.
• Perform a site investigation to observe the subsurface conditions. Explorations may include drilling, cone penetrometer (CPT) soundings, test pits, and/or coring. One of our geologists will log the borings and collect soils samples for laboratory testing. • The design team will be provided with a preliminary description of our findings the following day.

If the findings include unforeseen conditions or potentially cost inhibiting conditions, NOVA will immediately notify the City. 1
• Assign appropriate laboratory testing and analysis for the collected soils samples. Within the I week after the field investigation, the laboratory testing results will be communicated to the 1 design team providing further clarification and recommendations. • Conduct engineering analysis utilizing the field and laboratory data to develop geotechnical recommendations.
• When our geotechnical report reaches the draft stage, we will send it out to the design team for review. This allows the team to review our findings and proposed recommendations and provide any feedback they deem necessary before we finalize our report. • Once we hear from the design team, we will incorporate their feedback into our report, finalize it, and send it out to the City.

During the design process, after submitting our geotechnical report, we fully expect to be partially involved throughout the remaining design stage. We call this time our Design Development stage. We do not dictate the design schedule but will provide timely responses to questions related to the geotechnical engineering.

Once a notice to proceed is received, our typical schedule for geotechnical work includes:

PROJECT PHASE ANTICIPATED COMPLETION FROM NTP
Geotechnical Reconnaissance
Site Investigation
Laboratory Testing
Delivery of Geotechnical Report
City of Poway As-Nee•e• Geotecl111ical Services. RFP #22-018 43 of 54
1 week
2 weeks
3 weeks
4-5 weeks
40 February 15, 2022, Item #4

7. SCOPE OF WORK

MILESTONE PROGRAM
NOVA Services has developed what we call our Milestone Program. The Milestone Program was designed to speed up the process of delivering the necessary geotechnical data to the design team throughout the development of our geotechnical report, rather than waiting until the final report is submitted. The Milestone Program is a product of NOVA's commitment to keeping its clients informed and involved in the geotechnical process during an investigation. These Milestones will describe the progress and findings of the work, and are designed to give clients a step-by-step path to on-time delivery while eliminating unnecessary construction risks. Information conveyed by the Milestones is intended to be informative, not final. Analysis of data and recommendations are preliminary pending the completion of the final report. If the City requests these reports, NOVA will notify the City once the following phases are completed: (i) Notice of Site Preparation, (ii) Preliminary Geotechnical Findings and Recommendations, (iii) Summary of Laboratory Analysis, and (iv) Draft Report.

2. SUBSURFACE UTILITY ENGINEERING SERVICES
Underground Solutions, Inc. (USI) provides a complete utility locating and positive verification service from start to finish. These services may include USA Digalert mark-out and arranging for any necessary "stand-by" personnel (HP Gas, fiber-optic, electric, water, etc.). USI employs certified electro-magnetic and GPR locating personnel. Most projects can expect a crew to respond within one to three days depending on the number of sites and USA Digalert mark-out.

In order to promote safety and save clients the headache of lost time, money, injuries, and insurance claims, USI offers the most technologically advanced and cost efficient underground utility locating service available in California. Locating services are based upon their PositivelD locating technology, combining GPR, Electromagnetic Locating, and Concrete Scanning to mark, locate, and manage underground asset points and delivering the most accurate data possible. A typical approach to potholing work includes:

1. Mark-out dry and wet utilities (USA DIGALERT or USI mark-out) around proposed work site

2. Meet client on site to confirm pothole locations over existing utilities and to mark and number each location

3. Submit traffic control plans and obtain permit(s)

4. Call for "stand-by" if necessary for gas, electric, etc.

5. Commence work after permit inspection is scheduled.

6. Take digital photo of pothole area prior to excavation.

7. Breakout surface and air/vacuum excavate pothole site:
a. As high pressure air is induced to the soil, the vacuum system simultaneously removes the air-induced soil and transports it to the storage tank, eliminating the need to stockpile any of the excavated material on the ground. b. If wet or runny soil is encountered during our excavation, the following precautions will be taken by USI:
i. Place a 4-foot diameter piece of plastic sheeting around each work area. ii. Install straw waddle to form a circular containment area around the plastic sheeting at each pothole location. iii. When complete, any and all wet material accumulated on the plastic sheeting will be vacuumed into storage tank.

8. Identify utility, take depth measurements with survey rod and confirm utility direction (i.e. North-South).

9. Take digital photos of the utility for written report.

10. Backfill with native soil from hopper.

11. Compact with on board pneumatic tamper.

12. Top-off with DOT approved asphalt patch or Rapid-Set.

13. Paint data on street surface regarding that location.

14. Place PK nail, stake with ribbons, or feathered nail and circle in pink for future survey.

15. Measure distance from curb or other fixed object.

16. Take digital photos throughout process for utility report.

17. Prepare a Subsurface Utility Report with data, photographs, and map with pothole locations.

City of Poway As-Neeclecl Geotechnical Services. RFP #22-018 44 of 54
41 February 15, 2022, Item #4

7. SCOPE OF WORK

GEOPHYSICAL SERVICES
For Geophysical Services/Seismic Refraction Surveys, NOVA will be utilizing Terra Geosciences.

A typical seismic refraction method consists of measuring (at known points along the surface of the ground) the travel times of compressional waves generated by an impulsive energy source. This survey can be used to estimate the layering, structure, and seismic acoustic velocities of subsurface horizons. Seismic waves travel down and through the soils and rocks, and when the wave encounters a contact between two earth materials having different velocities, some of the wave's energy travels along the contact at the velocity of the lower layer. The fundamental assumption is that each successively deeper layer has a velocity greater than the layer immediately above it. As the wave travels along the contact, some of the wave's energy is refracted toward the surface where it is detected by a series of motion-sensitive transducers (geophones). The arrival time of the seismic wave at the geophone locations can be related to the relative seismic velocities of the subsurface layers in feet per second (fps), which can then be used to aid in interpreting both the depth and type of materials encountered.

3. CONSTRUCTION MATERIALS TESTING
When a construction materials test request is received from the City for field testing, NOVA will:
• Schedule a technician to the project site to perform the requested testing. • The technician will arrive on-site and check in with the designated City representative to discuss the day's testing activities and review the project plans and specifications to assure the documents are clearly understood and the City's needs are fully addressed.
• Conduct all testing to ensure that the recommendations of the geotechnical report are being met during soils testing, and that all materials testing services are performed in accordance with the project plans and specifications, and in compliance with the various regulatory agencies and local, state, or federal regulations. • At the end of each day, a daily report will be prepared using Metafield software. The report will be distributed via email to all members of the team. Notification of any non-compliant work will be noted and immediately reported to the City's representative. The software will maintain a discrepancy log of all non-compliant work and resolutions of discrepancies.

When a construction materials test request is received from the City for laboratory testing, NOVA will:
• Schedule sample pick-up and deliver to NOVA's in-house laboratory for testing. • The technician will arrive on-site and check in with the designated City representative and pick-up the sample(s). • Samples delivered to NOVA's in-house laboratory for processing. Our laboratory staff will dispense testing results regularly and accurately. If there are any failed tests, the designated City contact will be notified immediately with a request for information (RFI) regarding how to proceed.

NOVA will respond and perform any required sampling and testing within 24 hours of notice from the City. Compaction and density test results and results of sand equivalent, cleanness value, and sieve analysis for aggregate sampling will be submitted within 24 hours.

For soils and aggregate sampled at the project site, results will be submitted within 72 hours. When soil and asphalt concrete is sampled at the project site, R-value and asphalt extraction results will be submitted within 96 hours.

4. SPECIAL INSPECTIONS
During testing and inspection services we are completely dependent on the schedule of the construction team. When construction commences, our project management team will meet with the City to review the scope of services and obtain plans and specifications. Our typical scope of services for testing and inspection includes:

City of Poway As-Neede• Geotechnicaf Services. RFP #22-018 45 of 54
42 February 15, 2022, Item #4

7. SCOPE OF WORK
REQUEST FOR • Prepare a proposal outlining the scope of work and budget.

PROPOSAL • Work with the City to develop the most efficient and cost-effective solutions. • Attend pre-construction meeting. NOTICE TO

PROCEED
• Our project management and dispatch team will communicate with the City's staff regarding the schedule.
• The Inspector will arrive on-site and check in with the designated City representative. They will discuss the day's activities and review the project plans and specifications to assure the documents are clearly understood and the City's needs are fully addressed.

FIELD AND • Conduct all services to ensure that the recommendations of the geotechnical report are being LABORATORY met during soils inspection and that all inspections are performed in accordance with the project

SERVICES
plans and specifications, and in compliance with the various regulatory agencies and local, state, or federal regulations.
• Prepare a daily field report in MetaField describing the work inspected on-site at the end of each day. The report will be distributed electronically to the team for review. Notification of any non- compliant work will be noted and immediately reported to the City's representative.

FINAL REPORT • Attend a project completion meeting and prepare and submit a final report.

All inspection reports will be provided to the City within one business day and will include results of all tests taken that day. A daily field report describing the work inspected at the site will emailed to the designated team members each day.

At the completion of work requiring special inspection and materials testing, NOVA will submit a stamped letter signed by a Professional Engineer stating that the work requiring inspection and testing is or is not in conformance with the approved plans and construction documents. We can submit this letter within one day of completion of our services.

METAFIELD
NOVA has implemented MetaField software by Agile Frameworks, which aids in the streamlining of reports and test results. Daily reports from the field will be uploaded into MetaField via mobile phone, where they can be reviewed by NOVA's Project Engineer.

Samples will be logged and testing assigned from the field at the time of sampling.

Any samples will be delivered to our laboratory and scheduled for testing by the appropriate methods on the required dates. Test results will be managed and forwarded to NOVA's staff using MetaField for review and distribution. In the event of non-conforming test results, the designated representative will be immediately notified. NOVA's staff will work with the project team whenever possible to resolved non-compliance issues prior to close-out of the project.

All dispatch will be coordinated through MetaField, and each inspector or technician will receive a text from dispatch with details relating to the assignment, including the project address, on-site contact, and type of inspection they will be performing.

Once on site, the inspector or technician will document the inspection and/or testing in MetaField and attach photos of the progress of the work. Our clients have remarked that our reporting is comprehensive and legible, and they appreciate the detailed photo documentation. Below are two recent MetaField reports.

City of Poway As-Needed Geotechnical Services, RFP #22-018 46 of 54
Dally Fleld Roport Soll1 lnspoc1ion
0410412020 oa:oo AM
04/04/2020 04:00 PM
Submitted
s.-in Diego
:;.':.!
2DO Embarcadero MariN Parl< South
SoW Compaction gauge 9
Site Contact: Douv 819-S71-4368
Pnoveilln9 W1190
Accept .,
Decline
Project Information
Project Documents
MetaField Dispatch
e
0 0
43 February 15, 2022, Item #4
Attachment
2 10.

FEE

PROPOSAL

LABORATORY

TESTING
Test
ASTM/Ca
ltra
ns
Fee
Soil
and
Aaaregate,
Primary
Testing
(continued)
Sieve
Analysis,
coarse,
w/o
Wash
C136,
CT-202
$

55.00 Sieve
Analysis,
fine
with
Hydrometer
0422,
CT-203
$210.00
#200
Sieve
Wash
D1140
$

85.00 Specific
Gravity
and
Absorption,
Coarse
C127,
CT-206
$

75.00 Specific
Gravity
and
Absorption,
Fine
C128,
CT-207
$

85.00 Unit
Weiqht
and
Voids
in
Aooregate
C29,
CT-212
$

65.00 Moisture
Content
D2216
$

35.00 Moisture
Content
and
Dry
Density
D2937
$
35 .00
Atterbero
Limits:

PL,
LL,
Pl
D4318,
CT-204
$145.00
Atterberq
Limits
-
NP
D4318,
CT-204
$145.00
Sand
Equivalent,
Average
of
Three
D2418,
CT-217
$105.00
Sand
Equivalent
D2418
$

85.00 Durability
Index,
Coarse
D3744,
CT-229
$130.00
Durability
Index,
Fine
D3744,
CT-229
$100.00
Cleanness
Value
CT-227
$115.00
Los
Angeles
Abrasion
(LA
Rattler)
C131
/ C535,
CT-211
$180.00
Expansion
Index
04829,
USC
29-2
$160.00
R-Value
D2844,
CT-301
$250.00
Consolidation,
per
point
D2435
$

65.00 Direct
Shear,
UU,
CD,
CU
D3080
$300.00
Sulfate
and
Chloride
Content
$
90 .00
pH
and
Resistivity
CT-643
$140.00
Unconfined
Compression
D2166
$110.00
Asphalt
Concrete
Hveem
Stability
and
Unit
Weight
D1560,
CT-366
$190.00
Maximum
Theoretical
Specific
Gravity
(Rice)
D2041
$

85.00 Percent
Asphalt
-
Ignition
Oven,
no
gradation
C6307,
CT-382
$

85.00 Percent
Asphalt
with
Gradation
(ignition
oven)
C6307,
CT-382
$180.00
Unit
Weight
Only
(compacted
sample
or
core)
D2726
I D 1188,
CT-308
$

30.00 Unit
Weight
Requiring
Compaction
D2726,
CT-304
/ 308
$100.00
Asphalt
Mix
Design
Review
$165.00
Concrete
and
Masonry
Concrete
Cylinder
Compression
Test
(4x8,
6x12)
C39,
CT-521
$

29.00 Compression
Test,
Mortar,
Grout
C780
I C1019
$
39 .00
Compression
Test,
High-Strength
Grout
C109
$

49.00 Compression
Test,
Core
(includes
sample
prep)
C42
$

75.00 Compression
Test,
Lightweight
Concrete
C495
$

50.00 (insulating,
fill)
Compression
Test,
Shotcrete
Panel,
set
of
four
cut
cores
C42
$325.00
Flexural
Strength,
6X6
beam
C78
/ C293
$

75.00 Unit
Weight
Fresh
Concrete
C138,
CT-518
$

45.00 Unit
Weight,
Lightweight
Concrete
C567
$

75.00 Concrete
Mix
Design
Review
$185
.00
Moisture
Vapor
Emission
Kits
F1869
$

30.00 City
of
Poway
As-Neeclecl
Geoteclmicaf
Services
, RFP
#22-018
48 47
of
54 February 15, 2022, Item #4
,1, I
NOVA

10. FEE

PROPOSAL

LABORATORY

TESTING
Test
ASTM/Caltrans
Fee
Concrete
and
Masonry (continued}
Shotcrete
Nozzleman
Certification-mock
up
panel,
coring,
$1,950
.00
and
grading,
per
nozzleman.

Composite
Prism
Masonry
Unit
-
Compression
C1314
$155.00
Compression
Test,
Block
C140
$
60 .00
; Compression
Test,
Brick
C67
$

45.00 Absorption,
Unit
Weight,
and
Received
Moisture,
Masonry
C140
$105.00
Block
Linear
Shrinkage,
Masonry
Block
C426
$130.00
Masonry
Block
Conformance
(absorption,
unit
weight,
C90
$550.00
compressive
strength)
Steel
and
Fireproofing
Bolt-Nut-Washer
Conformance
Testing
F606
$645.00
Bolt-Nut-Washer,
Hardness
Only
F606
$125.00
Reinforcing
Steel,
Tensile
Test,<
No.
11 bar
A370
$

95.00 Reinforcing
Steel,
Tensile Test,
11 to
18 bar
A370
$125.00
Reinforcing
Steel,
Bend
Test,
11 bar
or
smaller
A370
$

95.00 Fireproofing
-
Density
Test
(template/displacement)
E605
$

65.00 Fireproofing
Adhesion/Cohesion
E736
$

10.00 Miscellaneous Additional
Sample
Preparation,
per
hour
I
I
$

65.00 Lab
Technician,
per
hour
I
I
$

65.00 ADDITIONAL
TERMS
AND

CONDITIONS
•
Overtime
occurs
in
the
following
instances:
-
work
more
than
8 hours
per
day
is
charged
at
time-and-a-half
.
-
work
more
than
40 hours
per
week
is
charged
at
time-and-a-half
.
work
performed
outside
the
hours
between
6:00
a.m
. and
4:30
p.m.,
Monday
through
Friday
is
charged
at
time-and-a-half;
work
up
to
12 hours
per
day
on
Saturday
is
charged
at
time-and-a-half.
-
work
more
than
12 hours
in
one
day,
or
over
8 hours
on
the
7th
consecutive
day
or
worked
Sundays/holidays
is
charged
at
double
time
.
•
Hourly
rates are
charged
on
a
portal-to-portal
basis.
•
Mileage
will
be
charged
at $0.85
per
mile
for
services
performed
outside
a
50-mile
radius
of
this
office.
• A
4-hour
minimum
is
charged
for
field
services.

Work
performed
more
than
4 hours
will
be
charged
in
1-hour
increments
. Work
performed
over
8 hours
is
charged
in
half-hour
increments.
•
24-hour
notice
is
required
for
testing
and
inspection
services.

There
will
be
a
2-hour
minimum
charge
(show-up
time)
for
cancellations
without
notification.
•
Same
Day
Callouts
will
be
subject
to
a
1-hour
project
management
fee.
•
When
personnel
are
required
by
job
conditions
to
work
more
than
5 consecutive
hours
without ability
to
take
a
one-half
hour
uninterrupted
lunch
period,
an
additional
hour
will
be
billed
at
regular
time
in
addition
to
actual
hours
worked.

Laboratory
testing
that
is
required
to
be
performed
outside
regular
hours
will
be
billed
for
Lab
Technician
time
in
addition
to
the lab
test
rate.

Weekend
sample
pickups,
if
required,
will
incur
additional
charges.

City
of
Powa
y
As-N
eecled
Ge
oteclm
ica/
Services.

RFP #
22-
01 8
48 of
54 49
February 15, 2022, Item #4
J~\ NOVA

TERRA GEOSCIENCES

10. FEE

PROPOSAL
2022

GEOPHYSICAL

SERVICES
FEE

SCHEDULE
Professional
Geophysicist
(PGP)
Field,
Office,
and
Travel
Time
(Three-hour
minimum)
Equipment
Charges
Ground
Penetrating
Radar
(GSSI
SIR-4000)
Twenty-Four
Channel
Seismograph
(Geometrics
StrataVisor™
NZXP)
Proton
Procession
Magnetometer
(Geometrics
G-8261856
AX)
Precision
Utility
Locator
(Radiodetection
RD4000PXL)
Electromagnetic
Detectors
(Fisher
Gemini-3M-Scope®,
White's
TM
BOB)
Magnetic/Pipe
and
Cable
Locator
(Schonstedt
MAC-51Bx)
Miscellaneous
Costs
Per
Diem
(Per
person)
Field
Assistant
Sub-Contractors Materials/Rentals
City
of
Poway
As-Needed
Geotechnical
Se,vices
. RFP
#22-018
49 of
54 $190.00/hour $180.00/day $150.00/day $120.00/day $

90.00/day
$

90.00/day
$300.00/day $ 78
.00/hour
Cost
plus
15%
Cost
plus
15%
50 February 15, 2022, Item #4

10. FEE

PROPOSAL
~

UNDERGROUND

SOLUTIONS
~
Your
First
Choice
for
Potholing
Services
***4-hour
minimum+
Mob/Demob
Project
Name:
__________
C_i_ty
__ d_P_o_w_a_y_O_n_C_a_ll
________
_
Sales
Person:

TC
Item#
1 2
~f'ti~~T
REPAIR
3 4 5
Qty

TRAFFIC
CONTROL 6 7 8 9 10
,:RAVEL
11 !REPORTING ·-·
··1:r 13 1.4
OTHER
COSTS 15
---
16 17 18
Description I ! Pothole
Service
(Prevailing
Wage)
Per
Hour
Reg
: Pothole
Service
(Prevailing
Wage)
Per
Hour/Premium
Cold/Perma
Patch
Asphalt/
Rapid
Set
Concrete
Ii-1ot Patch
Asphal
t Repairs
-Base
Pave
(each)
··
Hot-Patch
.Asph
-alt"c:;rind
&
Over
lay
::-up
to
5'x5'
Traffi:
-~ontr~I
Plan~
-~o~
Eng
Stamped
(Each)
Standard
Traffic
Control
(Per
Day)
Major
Traffic
Control
(Pe
rDay)
Flagman
Serv
ice
(Per
Ma
·;,
Hciu
.r/?revailing
Wage)
Encroachment/
Traffic
Permit
Processing
Fee
:Mobilization/
Demobilization
(Per
Day)
; PDF/Digital
Flash
Card
Utility
Report
(1-
5 potholes)
PDF/Digital
Flash
Card
Utility
Report
(5
· 10
potholes)
PDF/Digital
Flash
Card
Utility
Report
(10
· 15
potholes)
NighVWeekend
Work
Premium (each)
USA
Dig
Alert
Delination
and
Mark
Out
'USA
Markout
Paint
Removal
(Per
Hour)
Sand/
Class
II
Base
(each)
:Excluded:

Permit
and
Deposit
Fees
to
be
paid
by
client
prior
to
start
of
work
Encroachment
&
Traffic
Permits
Deposit
Amt
USI
to:

No
Fee
Process
ROW/Traffic
Permits
as
necessary
Delineate
for
USA
markout
Set
Traffic
control
per
approved
plans
Vacuum
excavate
each
site,
determine
diameter
and
depth
of
utilities
Backfill
, compact
and
patch
, grind/overlay
Mark
each
location
with
PK
nail,
paint
or
stake
for
future
survey
Prepare
a
"Subsurface
Utility
Report'
w/data,
photos
and
PH
location
map
Customer
to:

Provide
permit
and
deposit
fees
prior
to
start
of
work
Supply
pothole
locations
Parking
Meter
Buyouts
This
proposal
is based
on
digable
conditions
using
the
air
excavation
process
Exclusions:

Replacement
of
Striping,
Traffic
Loops,
Sidewalk
Panel
Standard
Notes:

Terms:

Existing
Accounts
Net
30 Unit
Price
Line
Total
$
390.00 420.00
$
1so
:oo
i-
$
150
.00
$
1,590.00
$
150
.00
$
720.00
$

1.440.00
1 $
102.00
$

96.00 $
240
.00
;
$
180.00
$
240
.00
$
300.00
$
600.00
$
120.00
$
204
.00
$

42.00 N/A
Subtotal
Total
$
Permit
Estimate
No
Fee
The
above
is
an
·estimate·,
final
costs
will
be
determined
by
the
actual
number
of
work
hours
and
travel
time
logged.

This
is
a quotation
on
the
goods
named,
subject
to
the
conditions
, inclusions
and/or
exclusions
noted
above
.

To
accept
this
quotation,
sign
here
and
return:

A
cancellation
fee
may
apply
if job
iscancelled
at
site
.

Credit
Application
Required
To
Open
Account
City
of
Poway
As-Neecled
Geotechnical
Services,
RFP
#22-018
50 of
54 February 15, 2022, Item #4

10. FEE

PROPOSAL
~

UNDERGROUND

SOLUTIONS
Your
First
Choice
for
Pothollng
Services
Project
Name
:

City
of
Poway
On
Call
Item#
Qty
Description
Unit
Price
1 2 3 4 5 6 7
ADDITIONAL:

I Utility
Locating
Service
Call
Including
1st
Hour
; Utility
Locating
Additional
hours
up
to
(7
hrs)
Utility
Locating
Per
Day
(8
hrs)
:CCTV
Push
Camera
(Per
Hour)
(4"
-10")
!Hydrojetting
(4"
-10")
Per
Hour
(4)
Hr
Min
'Markout
Paint
Removal
(Per.Hour)
(4)
Hr
Min+Traffic
.

Control ;Travel
per
hour
(Note:

For
San
Diego
County:
1-hour
travel
will
be
charged
If
3 hours
or
less on-site.

Other
counties
wlll
be
charged
,actual
travel
hours)
$ $ $ $ $ $ $
8 9
: Digital
Flash
Card
Utility
Locating
Report
JCCTV
Push
Camera
Video
report
(Per
Day)
(Per
Day)
$ $
Standard
Notes:

Utility
Locat
ing
-Electromagnetic,
GPR
Terms:

Existing
Accounts
Net
30,
Credit
Application
Required
To
Open
Account
Travel
time
at
the
rate
of
$12O
.00/hr
will
apply
if noted
above
Additional
charges
apply
for
overtime,
night
work.
weekend
and
Holidays
-Please
call
our
office
for
rates.

The
above
is
an
·estimate-,
final
costs
will
be
determined
by
the
actua
l number
of
work
hours
and
travel
time
logged
.

A
cancellation
fee
applies
at
the
rate
of
1 hour
(plus
travel
If
applicable)
if
cancellation
occurs
upon
arrival
to
jobsite.

Disclaimer:
360.00 360.00 276.00 204.00 120.00 120.00 162.00
Sales
Person:
·
TC
Line
Total
Subtotal
Total
Underground
Solutions.

Inc.
is
committed
to
providing
our
customers
with
the
most
accurate
utility
localing
service
available
.

We
employ
stale
of
the
art
electromagnelic
signal
trac
ing
and
radar
imaging
technologies,
however.
oo
method
of
underground
utmly
IOcatong
can
ever
guarantee
100%
accuracy
or
completeness
. Variab
les
. including
but
not
limited
lo
age,
condition
orthe
facil
ities
in
question,
soil
lype,
and
moisture
content
can
adversely
aflecl
the
ability
of
our
equipment
lo
find
and
lrace
utilities.
and
on
rare
occasions
may
e11en
result
in
errors
or
omissions
beyond
our
control.

Some
utilities
are
simply
not
locatable.

The
only
true
way
lo
positively
identify
ulililies
is
through
vacuum
e.cavalion
potholing
and visual
11erificalion
.

Ir
we
can't
find
a
given
facility.
we·re
conlident
lhal
no
one
else
can
either.The
more
information
you
can
prov
ide
USI
about
your
site
. the
more
complete
and
efficient
lhe
work
win
be
. The
following
items
will
help
USI
achie-,e
lhe
best
results
possible
: *Copies
of
any
availab
le
schematics.
plans,
or
as-built
drawines
iPDF
formal);
*Al
least
one
on-site
contact
(name,
lille
, te
lephone/cell
number
and/or
email
address);
*If
possible,
access
to
all
utility
buildings,
mechanical
rooms,
etc.
within
and
around
the
area
or
investigation.
lfSI
ffihall
not
be
held
Uah
1C tor
C!5Fitvi!IIPD
rell!Cddamafe
to
IDY
utility
POI
:lbOWD
sm
PctDf15
map:;
Rian:,
a;s•bllil!dti!WIDS!
PC
PtbCCdRGUtDCnt1
ll.[gl1Jli:1I..Jtt
.hil~n&.Illlxrti-'.eal2le~i;11.!m11ll.lnt.iu.Y.
'~~um~J.1ru'1!W:.:ti:il.llio!M.u:all.Clile.d..atea..o.(Jo'le.ll!Ulion..1JJSU.gt1~~en~or.1~ill.JllUitt.lli.ll21ll.llll:n,yjg_ma!IJ:nil1lollll.ll.li.ll.efilr.i:.!l!..dllrioe.1bi:.llf:cflluIWll;e .

To
accept
this
quotation,
sign
here
and
return
X
Date
This
is
a
quotation
on
the
goods
named
, subject
to
the
conditions
. inclusions
and/or
exclusions
noted
above
.
120
N.

Andreasen
Dr.

Escondido,
CA
92029
PH#
760
294
9449
Fax#
760
294
9490
City
of
Poway
As-Neecled
Geotechnical
Se,vices
, RFP
#22-018
52 51
of
54 February 15, 2022, Item #4
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
52 of 54
(!)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with February 15, 2022, Item #4
Cal Gov Code§ 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
53 of 54
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the ,California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 February 15, 2022, Item #4
Cal
Gov
Code
§ 7522.56
( 4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
and
subdivision
( t)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214.
24214.5
or
26812
of
the
Education
Code.
(i)This
section
shall
not
apply
to
(1)
a subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work in
the
converted
position,
and
the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
11 who
is
assigned
to
.serve
in
a
court
pursuant
to
Section
68543.5.

History Added
Stats
2012
ch
296
§
15 (AB
340).
effective
January
1,
2013.

Amended
Stats
2013
.ch
528
§
11 (SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 §
75 (AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476).
effective
January
1,
2015.

Annotations Notes
Amendments: Note--
Amendments: 2013
Amendment:

Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(t)(l)
and
(t)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(t)(
4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
54 of
54 3

Poway City CouncilFebruary 15, 2022

Poway City Council
February 15, 2022