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HomeMy WebLinkAboutTwining, Inc. - 2018-11-19 City of Huntington Beach File #: 18-447 MEETING DATE: 11/19/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On Call Material Testing and Engineering Services with AESCO, Inc., Twining, Inc., and Leighton Consulting, Inc., each in an amount not to exceed $250,000 Statement of Issue: The Public Works Department requires on call material testing and engineering services to support staff for the design and construction of capital improvement projects, which are identified in the annual capital improvement program. Financial Impact: The City's adopted FY 2018/19 Capital Improvement Programs (CIP) Budget totals $24.7 million for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management and other required costs. The three (3) recommended material testing and engineering service contracts have a maximum value of $750,000 over the next three years and will be funded on an as-needed basis within each project's individual CIP budget. As such, no additional funding is required by this action. Recommended Action: A&Z Ar&U fj•(e fA) Approve and authorize the Mayor and City Clerk to execute a $250,000 "Professional Services Contract between the City of Huntington Beach and AESCO, Inc. for On Call Material Testing and Engineering Services;"an.d., B) Approve and authorize the Mayor and City Clerk to execute a $250,000 "Professional Servi es Contract between the City of Huntington Beach and Twining, Inc. for On Call Material Testing and Engineering Servi (ELs;"anal., *C) Approve and authorize the Mayor and City Clerk to execute a $250,000 "Professional Services Contract between the City of Huntington Beach and Leighton Consulting, Inc. for On Call Material Testing and Engineering Services.l .4 M-&7fU� Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Budgeted Capital Projects City of Huntington Beach Page 1 of 3 Printed on 11/15/2018 powered by LegistarTid File #: 18-447 MEETING DATE: 11/19/2018 could be delayed until new contracts are approved. Analysis: On November 28, 2017, the City advertised a Request for Qualifications ("RFQ") for On-Call Engineering and Professional Consulting Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Fourteen (14) proposals were received for material testing and engineering services. In accordance with qualifications-based selected procurement per the Federal "Brooks Act," State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 "Professional Services", the Public Works Department established a review board. Proposals were evaluated and ranked by a three (3) member panel review team established by the Public Works Department. The reviewers were a Senior Traffic Engineer, and two (2) Public Works Contract Administrators. After conducting the entire evaluation process, including negotiation for competitive rates, the top three (3) firms were selected to increase the opportunity for competitive proposals for future projects from qualified on-call consultants. They are AESCO, Inc., Twining, Inc., and Leighton Consulting, Inc. A summary of the evaluation sheets for the top (3) firms, and the fourth (4) firm not selected, are shown in Attachment 4. The recommended contracts are to support staff for material testing and engineering services for various capital improvement projects. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project is evaluated on a case-by-case basis to determine if these as-needed services are necessary. The City's Capital Improvement Program ("CIP") Fiscal Year 2018/19 CIP totals $24.7 million in new projects. Typical design and construction support costs from use of consultants on a CIP project can vary between ten (10) to twenty (20) percent of total costs for a CIP project. Therefore, it is practical to conservatively estimate minimum annual consultant costs would be approximately $2.4 million to the City for total CIP projects or $6 million within the next three (3) years. Material testing and engineering services are typically required for all CIP projects, such as street improvements, traffic signal improvements, water improvements, sewer improvements, and other City infrastructure improvements. Therefore, these consultants were selected to meet the projected workload over the next three years with a total contract limit of$750,000. This agenda item does not require Public Works Commission Action. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and AESCO, Inc. for On City of Huntington Beach Page 2 of 3 Printed on 11/15/2018 powered by Legistar-, File #: 18-447 MEETING DATE: 11/19/2018 Call Material Testing and Engineering Services. 2. Professional Services Contract between the City of Huntington Beach and Twining, Inc. for On Call Material Testing and Engineering Services. 3. Professional Services Contract between the City of Huntington Beach and Leighton Consulting, Inc. for On Call Material Testing and Engineering Services. 4. Professional Service Award Analysis for AESCO Inc., Twining, Inc., and Leighton Consulting, Inc., and Vendor#4 City of Huntington Beach Page 3 of 3 Printed on 11/15/2018 powered by Leai,tar- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TWINING, INC FOR ON CALL MATERIAL TESTING AND ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Twining, Inc., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on call material testing and engineering services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Edward M. Twining, Jr. who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfneUprofessionalsves mayor I of I I 10/12 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on lVb e��� 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Two Hundred and Fifty Thousand Dollars ($250,000). 5. EXTRA WORK . In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agrec/surfneUprofessional svcs mayor 2 of 11 10/12 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars agree/surfnet/professional sves mayor 3 of 11 10/12 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: agree/surfnet/professional sves mayor 4 of 11 10/12 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall agree/surfnet/professional svcs mayor 5 of 11 10/12 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or agree/surfnet/professional secs mayor 6 of 11 10/12 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Twining, Inc ATTN: Joseph Dale ATTN: Edward M. Twining, Jr. 2000 Main Street 2883 East Spring Street, Suite 300 Huntington Beach, CA 92648 Long Beach, CA 90806 (562) 426-3355 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/surfnet/professional svcs mayor 7 of 11 10/12 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/surfnet/professional sves mayor 8 of 11 10/12 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this agree/surfnet/professional sves mayor 9 of 11 10/12 Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. agree/surinet/professional svcs mayor 10 of 11 10/12 CONStJLTANT, CITY OF HUNTINGTON BEACH, a Twining, Inc. municipal corporation of the State of COMPANY NAME Californi A California CorpDzation jai 4� � M or By: EdwAc6 ;�hiau j r. City Clerk //��8•l8 ITS: (circle one hairman residentNice President INITIATED AND APPROVED: A By: Director of Public Works prin amc ITS: (circle one ecretary hief Financial officer/Asst. Secretary-Treasurer REVIEW D APPROVED: tty anager APPROVED A ORM: ity Attorney 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an 'as-needed' basis for projects to be determined during the term of the agreement. During the term of the agreement, CITY may elect to solicit proposals from CONSULTANT. CITY shall issue task order for each project based upon the scope of services, work schedule, and fee proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall be per CONSULTANT'S Statement of Qualification (Exhibit A), consistent with the City of Huntington Beach Request for Qualifications for On Call Material Testing and Engineering Services. Upon award, and the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of these staff to CITY for approval before commencing work. CONSULTANT shall comply with all Local Assistance Procedures Manual (LAPM), the Caltrans Construction Manual, the Federal Highway Administration requirements, and Caltrans A&E Sample Contract Language known as Exhibit 10-R, which includes, Caltrans Consultant Proposal DBE Commitment known as Exhibit 10-01 and/or 10-02, and Caltrans Disclosure of Lobbying Activities known as 10-Q (Exhibit C). C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project. 2. Furnish construction plans and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing; 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TWINING, INC. FOR ON CALL MATERIAL TESTING AND ENGINEERING SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law .........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 � n ® DATE(MM/DD/YYYY) A C , CERTIFICATE OF LIABILITY INSURANCE 6/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dealey, Renton&Associates PH ONE FAx DRA License 0020739 No Ezt:714-427-6810 A C No:714-427-6818 E-MAIL P. O. Box 10550 ADDRESS: Santa Ana CA 92711-0550 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co of Ameri 25674 INSURED INSURER B:StarStone National Insurance Company Twining, Inc. INSURER C:Berkley Insurance Company 32603 PO BOX 47 Long Beach CA 90801 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1787623308 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDPOLICY/YYYY MM EFF L LTR DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6301EO77052 2/1/2018 2/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY F-k] JE& D LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y 8101E074049 2/1/2018 2/1/2019 COM BINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTC BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS $ IXNON-OWNED PROPER cdent DAMAGE HIRED AUTOS Ix AUTOS A X UMBRELLA LIAB X OCCUR Y Y CUPOJ750759 2/1/2018 2/1/2019 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE S 1,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y T10180480 2/1/2018 2/1/2019 X PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED (Mandatory in NH) E L DISEASE-EA EMPLOYE $1,000,000 If yes,descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 1 $1.000,000 C Professional Liability AEC902066500 2/1/2018 2/1/2019 $2,000,000 Claims Made Clams Made $2,0001000 And.Aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability policy excludes claims arising out of the performance of professional services. Re: 17-2270 City of Huntington Beach,On-Call Construction Materials Testing Services. The City of Huntington Beach,its officers,elected or appointed officials,employees are Additional Insured as respects to General&Auto Liability coverage as required by written contract.Coverage afforded the Additional Insured is Primary and Non-Contributory as respects to General Liability coverage. Separation of Insureds-Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Coverage Part to the first Named Insured,this insurance applies: a.As if each Named Insured were the only Named Insured;and b.Separately to each insured against whom claim is made or suit is brought. Waiver of Subrogation included in Work Comp.,General and Auto Liability coverage as required by written contract. CERTIFICATE HOLDER CANCELLATION 30 Day NOC/10 Day for NonPay of Prem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Jim Escutia 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD rt TABLE OF CONTENTS It SECTION 1 Cover Letter SECTION 2 Vendor Application Form (Appendix A) SECTION 3 Pre-Qualification Form (Exhibit A) SECTION 4 Firm Qualifications, Staffing, Understanding & Methodology APPENDIX �� Resumes SECTION 1 Cover Letter z " TWINING 2883 East Spring Street,Suite 300 Tel 562.426.3355 Long Beach CA 90806 Fax 562.426.6424 January 11,2018 Proposal No. 17-2271 City Clerk's Office,211 Floor City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Reference: Qualifications Submittal: On-Call Construction Material Testing Services Twining,Inc.(Twining)is pleased to have the opportunity to submit our qualifications to the City of Huntington Beach(the City)for consideration to provide On-Call Construction Materials Testing services. Identification of Firm and Project Manager Firm Name Twining, Inc.I Project ManagerAmir Ghavibazoo,PhD Mailing Addres- 2883 East Spring Street,Suite 300, Long Beach,CA 90806 T562.426.3355 1 562.426.6424 1 aghavibazoo@twininginc.com Twining has a long history of providing the identical services being sought in your RFQ for numerous jurisdictions throughout California,including Huntington Beach.Over the past 10 years,Twining has provided on-call geotechnical, materials testing and inspection,and street rehabilitation services in your beautiful city,which I have called home since 1966. Twining's name has been synonymous with construction quality control since 1898 when it was founded in Fresno,California.Once a single office and laboratory back in the day,Twining today has offices in Long Beach,Irvine,San Diego,San Bernardino,Sacramento and Concord.Initially best known for our expertise in vertical construction and the associated materials quality control that goes along with a variety of structure types,we rapidly expanded into the infrastructure arena that included pavements,tunnels and bridges,rail,freeways and highways,airports and ports.Today,infrastructure represents approximately 25%of our business. As you probably know,Twining is a full-service materials and geotechnical laboratory.What you probably are not aware of is thatTwining is one of leading materials research and forensic sciences firm in the western United States. Besides helping the industry develop and test new, improved,and environmentally friendly construction materials,we are regularly called upon to analyze ancient and deteriorating materials through petrographic methodology to help understand why. The reason I bring up these seemingly innocuous facts is simple:Twining isn't just like every other laboratory that can send you an inspector and test your materials in the laboratory.There are too many of those firms out there already.Twining is more. One of the things that sets us apart from our competition is our people and our professionals, most notably,our staff of Professional Engineers and Materials Scientists that have spent their entire careers in the material sciences.Second,our testing laboratories are equipped with state- of-the-art testing machines,and staffed by experienced and certified laboratory technicians. Twining has numerous on-call contracts with cities and counties throughout Southern California, including Simi Valley,Thousand Oaks,Los Angeles County and Long Beach.With all of our contracts of this nature,we don't like to think of ourselves asjust another lab in a rotation to get a project,rather more as a partner in the materials quality for the clients/neighborhoods we're serving. It is our goal to become partners with the cities and counties we operate in,and to this end, we have presented numerous times to the engineers,inspectors and administrators of these different jurisdictions on topics that are of concern to them and their respective jurisdictions. A few years ago,to the City of Huntington Beach,we presented on the topic of Full Depth Reclamation(FDR).Other topics have included concrete life expectancies,forensics relative to older buildings,as well as pavements,pavement management,geotechnical,and geological considerations that we have presented to several municipalities. We would like to take this opportunity to once again thank you for consideration of Twining for this on-call solicitation.We look forward to our continued association with the City of Huntington Beach and assisting in any way on your upcoming capital projects over the next three years. Should you have any questions,please do not hesitate to call me directly at 562.426.3355 Sincerely, Twining,Inc. Edward M.Twining.Jr. Chairman City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 960-8820 ADDENDUM NUMBER ONE For RFQs—Water,Plan Check,Ocean,Architectural,Transportation,Construction Management, 'Materials,Civil in the CITY OF HUNTINGTON BEACH Notice To All: City of Huntington Beach has extended the due date from January 4t'', 4:00 pm 2018 to January 1111, 4:00 pm 2018 for eight (8) Request For Qualifications (RFQ) for various professional services(Water, Plan Check, Ocean, Architectural,Transportation, Construction Management,Materials,Civil). This is to acknowledge receipt and review of Addendum Number One, dated November 29, Twining,Inc. Company Name By January 11,2018 Date All bidders must acknowledge and include the receipt of this Addendum with your RFQ packages. Twining also acknowledges receipt and review of the following: • Addendum NumberTwo,dated December 18,2017 • Addendum Number Three,dated December 21,2017. CC1392,Addendum No. 1 Page 1 Twining,Inc. I City of Huntington Beach SECTION 2 N Vendor Application Form (Appendix A) N REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW ® CURRENT VENDOR Legal Contractual Name of Corporation: Twining,Inc. Contact Person for Agreement: Edward M.Twining,Jr. Corporate Mailing Address: 2883 East Spring Street,Suite 300 City, State and Zip Code: Long Beach,CA 90806 E-Mail Address: etwining@twininginc.com Phone: 562.426.3355 Fax: 562.426.6424 Contact Person for Proposals: Edward M.Twining,Jr. Title: Chairman of the Board E-Mail Address: etwining@twininginc.com Business Telephone: 562.426.3355 Business Fax: 562.426.6424 Is your business: (check one) ❑ NON PROFIT CORPORATION ® FOR PROFIT CORPORATION Is your business: (check one) ® CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I 1 of 2 Twining,Inc. I City of Huntington Beach Names&Titles of Corporate Board Members (Also list Names &Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Edward M.Twining,Jr Chairman of the Board 562.426.3355 Robert M.Ryan CEO and President 562.426.3355 Steve Schiffer Vice President, 562.426.3355 Business Development Vice President, Amy Owens Human Resourres 562.426.3355 Federal Tax Identification Number: 952040084 City of Huntington Beach Business License Number: A010324 (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 07/31/2018 City Of Huntington Beach Business License Business Name/Service Address License Number A010324 TWINING LAB OF SO CALIF ` Effective Date 0 8/01 12 0 1 7 License Type Professional/Other Services Expiration Date 07/31/2018 Owner/Corporation i TWINING LAB OF SO CALIF Amount Paid $102.25 THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN.IT IS FOR THE PERSON TO WHOM SIC 7349 ISSUED AND IS NON-TRANSFERABLE.RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE. POST IN PUBLIC VIEW 2of2 Twining,Inc. I City of Huntington Beach SECTION 3 0 Pre-Qualification Form (Exhibit A) W EXHIBIT A: PRE-QUALIFICATION FORM ON-CALL CONSTRUCTION MATERIAL TESTING SERVICES SERVICE CATEGORY PROPOSING? Y/N circle A. Construction Material Testing es/No (Initial)Consultant is willing to execute the sample Agreement as drafted, including any other potentially more restrictive terms and conditions as outlined in Caltrans' LAPM.Exhibit 10-R(See Appendix B). Consultant is aware the actual Agreement"MAY"differ due to Caltrans requirement. (Initial)Consultant is able to provide the insurance as required, including any other potentially more restrictive terms and conditions as outlined in Caltrans' LAPM,Exhibit 10-R(See Appendix B&C). Firm Name: Twining,Inc. Firm Address: 2883 East Spring Street,Suite 300,Long Beach,CA 90806 Signature: Date: Januar ll,2018 Twining,Inc. City of Huntington Beach SECTION 4 0 Firm Qualifications, Staffing, Understanding & Methodology \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ FIRM QUALIFICATIONS For over 100 years,Twining has taken pride in its reputation for quality, reliability and expertise in providing geotechnical, materials testing and construction inspection services.As one of California's largest service providers, our firm has the in-house resources to meet the changing needs of complex construction projects from busy city roads to miles of interstate highway. We employ some of the industry's most well-known construction experts who perform research and consult with regulatory agencies to shape the future of construction standard practices. Twining is a full-service engineering and quality control Twining has developed a strong reputation by providing sound company with unmatched technical expertise,quality engineering,testing,and inspection services on every project we assurance/quality control capabilities,laboratory undertake.We earned this reputation by recognizing that the true capabilities,and personnel resources.With laboratories measure of our performance rests in the satisfaction of our clients throughout California and over 150 inspectors,we are and go into each project knowing that we are evaluated on the unequaled in our core competencies: safety and durability of the structures and pavements we test and » Geotechnical Engineering inspect. Asphalt Pavement Quality Assurance Services Twining has the unparalleled ability to service even the most Asphalt Pavement Design and Materials Evaluations significant projects from inception through completion. Starting with the initial subsurface investigation and continuing » Soils and Materials Testing and Inspection through the inspection and laboratory testing required during » Specialty Testing construction,we have the engineering staff,experienced Mobile Laboratories inspectors and state-of-the-art laboratory facilities to meet all your » Roofing and Waterproofing Consultation and Inspection project needs. » Applied Engineering and Research This experience,along with our proven project management system,results in a seamless flow of communication during the » Forensic Evaluation entire scope of your projects and provides you with a single point » Storm Water Pollution Prevention Plan(SWPPP) of contact to meet your project needs. Twining,Inc. I City of Huntington Beach 1 LABORATORY TESTING CAPABILITIES All laboratory testing operations are overseen by a registered geotechnical engineer. With the large amount of construction-related, time-sensitive work that Twining performs, our laboratories understand the importance of and effectively accomplishes efficient turnaround times for testing. Materials Testing Laboratory Materials Testing and Inspection Expertise Twining maintains a network of state of the art laboratories Twining has been at the forefront of construction inspection throughout California. In addition to our permanent and testing for over a century.With our state-of-the-art laboratories,we own and operate a fleet of mobile equipment and conveniently located laboratories,we are laboratories that allow us to conveniently service projects able to perform the necessary testing on projects throughout throughout the state.Our fully accredited geotechnical California.We maintain a rigorous training program for our engineering laboratories are equipped to perform the experienced staff of testing technicians,and are recognized standard tests needed in geotechnical engineering by numerous agencies including Caltrans,Army Corps of evaluations,including but not limited to: Engineers,American Association of State Highway and In-Situ Density and Moisture Content Transportation Officials(AASHTO),Cement and Concrete » Atterberg Limits Reference Laboratory(CCRL)and International Accreditation Service, Inc.(IAS),along with many cities and counties.Our Sieve Analysis expert professionals continue to work with Caltrans to define Maximum Dry Density effective applications of construction materials for roadway Direct Shear projects and revise standard specifications for proportioning » Consolidation concrete for pavements and other elements of transportation infrastructure.Our clients depend on us to reliably deliver Expansion Index services that strictly follow Green Book and Caltrans and FHWA Sand Equivalent regulations.We are proud of our legacy of delivering high- » Cleanness Value quality services that subscribe to all applicable standards. >> Soundness We have held multiple on-call contracts representing Caltrans » R-Value providing materials testing services on behalf of the State. Twining,Inc. I City of Huntington Beach 2 FACILITIES CONSTRUCTION \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ EXPERTISE Inspection Services Materials Testing Twining's inspection staff consists of more than 150 Twining has been at the forefront of construction materials inspectors located throughout California.More than 80 testing for over a century.Our network of state-of-the-art percent of these inspectors hold multiple inspection laboratories,complimented by ourfleet of mobile laboratories, certifications in disciplines including structural steel,high allows us to provide in-house testing for projects throughout strength bolting,prestressed concrete,reinforced concrete, the area. structural masonry,drilled in anchors,spray applied Twining provides fast,reliable test results that our clients can fireproofing and more.Twining also employs Class OSHPD count on.We subscribe to the most stringent inspection and and Class 1 DSA inspectors. certification requirements in the industry.We are recognized These highly skilled men and women have been selected by agencies including Caltrans,American Association of State for their diversity of knowledge and for their ability to work Highway and Transportation Officials(AASHTO),United States with clients to achieve maximum performance at minimum Army Corps of Engineers(USACE),Cement and Concrete cost.Twining has the resources to staff every project with Reference Laboratory(CCRL),Federal Aviation Administration experienced and professional inspection personnel. (FAA),International Accreditation Service(IAS),and U.S.Army Field Engineering Corps of Engineers along with numerous cities and counties Twining's ability to perform a variety of services in-house as a certified geotechnical,paving,materials testing and makes testing quicker,easier,and more responsive to our inspection laboratory. clients' needs.We perform standardized tests and services Non-Destructive Examination including: The field of non-destructive examination is undergoing rapid Pull testing of building components change,bringing technologies that had previously been the » Testing of wedge anchors,epoxied anchors,and wedge subject of research into the arena of practical application. anchors Twining has been at the forefront of these applications;from participating in the post-Northridge SAC committees through In-place shear testing of masonry walls being the first firm to fully implement the requirements of » Flat-jack load testing of masonry walls FEMA 353 and now AWS D1.8,to the field implementation of Fireproofing for adhesion and cohesion the latest technologies such as Phased Array Ultrasonics and » Floor flatness and levelness testing Time of Flight Diffraction.Twining is fully compliant not only with ASNT SNT-TC1A,but with the stricter certification standards of CP-189. Twining,Inc. I City of Huntington Beach 3 INFRASTRUCTURE CONSTRUCTION \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ EXPERTISE With California's fiscal situation,aging infrastructure Twining's involvement with the most cutting edge materials and continued urban growth,our cities and counties are technologies enables us to assist project teams with the faced with unique challenges.It's critical that each public evaluation of various construction products and to help works project stretch the dollars spent to maximize the determine their suitability for use.Twining has assisted community's investment.AtTwining,the quality assurance construction managers,structural design engineers, programs we have established for public agencies and owners in developing high strength concrete mixes throughout the state emphasize the most cost effective utilizing low carbon emission materials,recycled asphalt practices.Whether it is a major water/wastewater project, pavement structural designs,and various other cementitious, bridge or roadway improvement,underground utility geotechnical,and asphalt pavement materials that are work,or airport improvement project,Twining has the sustainable utilizing renewable materials. requisite expertise and capabilities to effectively establish Twining is uniquely positioned to provide quality assurance and maintain a quality assurance program that is in strict programs from start to finish.Through our partnerships with compliance with the local assistance procedures manual as Caltrans and various universities,we have knowledge of proven well as state and federal mandates.Twining provides the technological advances in construction that we can pass on to following services for local agencies: our clients and incorporate in to their projects as appropriate. » Initial engineering design and evaluation We routinely contribute to the American Public Works » Specification development and review Association by presenting technical sessions related to some of Materials review and verification for acceptance the newest technological advances.Whether it involves rapid » strength concrete,warm mix asphalt,high volume fly ash mixes » Public works inspection to reduce greenhouse gasses,or 100%recycled materials, » Source inspection Twining can provide the proper solution for your project. » Acceptance laboratory testing and evaluation » Federal compliance » Final quality assurance report and project closeout Twining,Inc. I City of Huntington Beach 4 GEOTECHNICAL ENGINEERING DESIGN Twining's geotechnical engineers,geologists,and Twining maintains a network of state-of-the-art laboratories technicians bring their finest professional skills and throughout California.Our Southern California headquarters practical experience to each project.Our staff includes 11 are in Long Beach.We have additional facilities in Sacramento, licensed professional geotechnical engineers(GE),certified Ventura,San Bernardino,and San Diego,along with a fleet engineering geologists(CEG),and professional engineers of mobile laboratories that allow us to conveniently service (PE).We have extensive experience meeting the special projects throughout the state.Our fully-accredited geotechnical needs of stringent agencies such as the Division of the State engineering laboratories are equipped to perform the standard Architect(DSA)and Office of Statewide Health Planning and tests needed in geotechnical engineering evaluations, Development(OSHPD).Additionally,our professionals have including but not limited to: vast experience in completing subsurface investigations » In situ density and moisture content involving geotechnical analysis and providing design » Atterberg limits recommendations to meet the needs of project types ranging from high rise developments to freeway retaining » Sieve analysis walls.Typical field investigation methods include small- » Maximum dry density and large-diameter borings,cone penetration testing, » Direct shear down-hole logging,installation of monitoring wells,and » Consolidation trenching for geological/seismological hazards and fault investigations.Our vast construction experience allows us to » Expansion index incorporate time and cost effective recommendations that » Sand equivalent can be practically implemented.Our team of professionals » Cleanness value offers advanced analytical methods such as finite element » Soundness analysis and specialized software to help establish performance criteria for new projects. » R-Value Twining,Inc. City of Huntington Beach 5 INNOVATIVE \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ PAVEMENT DESIGN Twining's experts have been providing pavement identify options for rehabilitation.Supported byTwining's engineering and materials evaluation services on flexible sophisticated laboratories,our expert staff has the ability to pavement projects for decades.We understand the growing design asphalt concrete mixtures to meet either state or local budget constraints that local agencies are facing,and specification requirements. the importance of solid yet innovative and cost effective We routinely develop hot mix asphalt designs consisting of engineering solutions.Twining provides local agencies Polymer Modified Binders, Rubberized Hot Mix Asphalt,Warm with comprehensive pavement engineering services that Mix Asphalt Research and Development,Hot Mix Asphalt Using utilize the newest pavement rehabilitation technologies to High Amounts of Recycled Asphalt Concrete,FAA Marshall effectively deliver our clients the service life that they expect designs,or Superpave Designs. of their pavements at a construction cost that may be less We also perform production quality,strength and mix for than traditional methods. Asphalt Content,Gradation,Stability, Hamburg Wheel Track, Twining is closely involved with hot mix asphalt industry and Project Specific Volumetric. associations and government agencies that keep our The proper structural section design for flexible pavement engineers on the pulse of new and upcoming technologies. as well as the asphalt concrete mixture type is crucial to its While we have a comprehensive understanding of performance and longevity.Poor design can result in early traditional methods and designs,we don't automatically failures,substandard performance and repairs that quickly suggest the same textbook solutions to all of our clients.We become costly.At Twining Infrastructure,we are committed to individualize our recommendations to include new flexible pavement materials that can be used most effectively helping agencies design and implement the most appropriate, and economically.Whether it is a highly traveled arterial durable pavement solutions.Our extensive experience roadway that requires high stability in intersections to providing quality assurance and quality control services in prevent pavement rutting or a residential collector that the field gives us unique insight and allows us to provide the residents expect to be as quiet as possible,Twining recommendations that are easily implemented and reliable. Infrastructure has the solution. Our team are members of the American Public Works Twining routinely assesses current pavement conditions and Association,the Asphalt Pavement Association,the Rubber identifies the causes of pavement distress.Using the Falling Pavements Association,the National Asphalt Pavement Weight Deflectometer(FWD),coring,ground penetrating Association,and the Caltrans expert task group on flexible radar(GPR),and dynamic cone penetrometer testing we pavements.They have vast knowledge of hot mix asphalt are able to assess subgrade conditions and determine the materials and the constraints during production as well as load-carrying capacity of in-place pavement.Our efforts experience managing comprehensive quality assurance and can determine the remaining service life of pavement and quality control programs. Twining,Inc. ' City of Huntington Beach 6 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ .L 1 STORMWATER EXPERIENCE AND QUALIFICATIONS v � , Since 2002 ourteam has specialized in all aspects of water quality and storm water compliance. We have a deep understanding of the laws, regulations, hydrology, civil engineering, construction management, and soil chemistry. We are dedicated to implementing permit requirements that work for the long term goals of every project we serve. Professional Certifications Core Competencies » Qualified SWPPP Developer » Water Quality Management Plan(WQMP)development and » Qualified SWPPP Practitioner implementation Certified Professional in Storm Water Quality » Notice of Violation &Cleanup and Abatement Order » Certified Professional in Erosion and Sediment Control compliance Certified Professional in Erosion,Sediment and Storm Storm water site inspections,audits,and compliance services Water Inspector » On site SWPPP management and SWPPP implementation California Registered Engineers and Geologists » Storm water sampling and field analysis » Storm water pollution prevention plans » Storm water training and compliance review classes QSDIQSP training Twining,Inc. I City of Huntington Beach 7 l VIBRATION MONITORING \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ AND ASSESSMENT Ground vibration is an important design consideration for 1.0 ____ 11 construction activities,such as demolition,compaction, excavation,pile driving,shoring and heavy equipment use 6 °.6 on site. 0.4 _ 1 1 We are experienced in the measurement and assessment 02 of vibration on construction projects.Our field services 0 0 so 100 include vibration monitoring for: —J Frequency,Hz Preconstruction surveys General construction Pile driving Sheet pile and trench plate installation and removal 'r ��•��► In addition to our field services,we also provide engineering consulting including: Periodic vibration level reports to your requirements •;o + Analysis of vibration levels relative to local ordinances or project requirements r ' Vibration prediction `: Y.,ws• Vibration monitoring plans We are fu Ily versed in all aspects of Construction Vibration Monitoring and Assessment.We offer the in-house know- how and monitoring solutions you require to efficiently .' and cost-effectively assess your project,undertake the required engineering analysis and provide monitoring and data analysis within your time line allowances. Twining,Inc. City of Huntington Beach 8 Paul Soltis, PE, GE Project Executive As Vice President of Geotechnical Engineering,Paul brings more than 25 years of industry experience.Paul works to understand the needs of each client and finds cost effective solutions that fit their projects.Paul works with each member of our geotechnical team,to ensure a consistent delivery for all projects we undertake.Paul will work very closely with our experienced Project Manager to ensure the City's expectations are met.He will also provide final report review,engineering oversight,and serve as an in-house advisor. Amir Ghavibazoo, PhD Project Manager Amir Ghavibazoo is a PhD in Civil Engineering with more than four years of industry experience.He has extensive research experience and in-depth understanding on many aspects of pavement materials,specifically rubberized asphalt.His experience includes characterization of rubberized asphalt binders and developing mix designs following Superpave specifications.As Project Manager,Amir will seamlessly coordinate all services and communicate with the City regularly.He will serve as the primary point of contact for the City,for all project related matters. Sean Lin, PhD, PL, GE Senior Geotechnical Engineer Specializing in liquefaction analysis as it applies to structures,Sean utilizes his 20 years of experience to deliver projects that last.His professional experience includes soil mechanics and foundations,soil reinforcement,geosynthetics,pile design and driving analysis,slope stability,and liquefaction analysis for infrastructure,water/wastewater,military,and industrial facilities. Sean will provide engineering oversight and support. Linas Vitkus, PE, GE Alternate Project Managei Linas is a Senior Project Engineei with mole than 19 years'experience.He is responsible for providing project management and technical oversight of soils and materials testing and inspection projects. His experience includes the management of geotechnical and materials testing services on projects from the initial planning and conceptualization phase to final design and construction.In the role of Alternate Project Manager,Linas will stay informed of the contract and individual task orders and provide management support to Amir,as necessary. PUBLIC AGENCY \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ REFERENCES City of Huntington Beach,On-Call GeotechnicaI, Materials Testing&Inspection Services Since 2010,Twining has provided on-call geotechnical engineering, materials testing and inspection for public works projects for the City of Huntington Beach.Our services have included geotechnicaI design recommendations,soils testing,concrete testing, microcracking inspection,nuclear gauge compaction testing,asphalt testing and inspection, rubberized asphalt cap testing,base course testing,and Full Depth Reclamation inspection. Project Manager: Dr.Amir Ghavibazoo I Project Duration:June 2015-June 2018(expected) Reference:James Wagner,Senior Civil Engineer,City of Huntington Beach E:jwagner@surfcity-hb.org IT: 714.536.5467 City of Long Beach,Studebaker Road Street Rehabilitation Twining provided asphalt concrete coring and subgrade testing services.We provided coring of asphalt at six locations and recovered native subgrade materials from two different locations. During our site visit,we provided a pre-evaluation of the pavement surface and marked the coring Iocation.The lift thickness of each layer was recorded as well as the type of material encountered.After all samples were collected from the field,we performed laboratory testing.These tests included R-value, in-place moisture,atterberg limits/plasticity index,and sieve analysis with wash for soil classifications.We then issued a final report to the City summarizing our findings.This project received the 2017 CMAA Project Achievement Award. Project Manager: Dr.Amir Ghavibazoo I Project Duration December 2014-January 2015 Reference:Onofre Ramirez, PE, Project Engineer,City of Long Beach E: onofre.ramirez@longbeach.gov,I T: 562.570.6183 City of Santa Clarita,2016-17 Overlay&Slurry Seal Projects Since 2011,Twining has provided construction materials testing and inspection services for the annual overlay and slurry seal program.Twining performs construction materials testing and inspection at various project sites and the batch plant.Our firm also performs mix design verification and laboratory testing.Our team coordinates with the construction team and the City Public Works inspector to resolve issues during construction,as needed.Our team inspects and verifies that all construction materials are in total compliance with applicable rules and regulations Project Manager: Dr.Amir Ghavibazoo I Project Duration: May 2017-September 2018(expected) Reference: Frank Lujan, Project Manager,City of Santa Clarita E:flujan@santa-clarita.com I T: 951.286.4138 Twining,Inc. I City of Huntington Beach PROPOSAL SYNOPSIS Twining specializes in providing materials testing,special aware that budget is,more than ever,an incredibly important inspection,and geotechnical engineering services to public aspect of every project and we work to ensure that our client's agencies.A significant number of our public agency work budgets are met on every project. comes from on-call contracts,giving us substantial knowledge We have included relevant examples of project experience and expertise in the staffing,budgeting,and managing of that are similar to projects listed in the City's 2017118 Capital these types of contracts.Our local Long Beach office currently Improvement Plan.These projects have been a collaboration holds similar contracts with local agencies and is able to between our proposed team members and are examples of handle the current workload while concurrently taking on task our successful project management plan being utilized for orders that fall under the City's contract. the betterment of our public clients.We are confident that Twining's proposed team represent our most experienced our references will share positive insight and experiences and talented staff.Our project manager,Amir Ghavibazoo, regarding their working relationships with Twining. has provided project management services on these type Our understanding of the City's requirements for this of contracts for numerous clients,including the City of contract is explained in the Understanding and Methodology Huntington Beach, managing each task order in the same section.We also include a step-by-step explanation of our manner, by communicating regularly with the client and methodology for successfully completing various project types keeping them informed at every step of each project.The by communicating regularly with our client and our team, Twining team was hand selected for their experience, providing regular reports,maintaining accurate and detailed certifications and knowledge of public works projects. project documentation,and providing final reporting. Twining's relevant project experience highlights our capabilities as a firm,while showcasing our staff's strengths and their ability to work together for public agencies on on-call contracts.Our proposed team has worked together on numerous projects and they understand the level of effort required to successfully provide inspection and materials testing services,on schedule and on budget.Our team is well wr Twining, Inc. City of Huntington Beach 10 STAFFING \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Our expert team is local and available throughout the City's Construction Material Testing Services contract.There will be more than 150 inspection personnel and professional staff available from our Southern California offices to provide the required services. 0 -- Paul , ' Project Executive Boris Stein,DSc Project Manager Alternate Project Manager Concrete Eugene Raymundo Condition Evaluation Arezoo Imani Condition Evaluation Yiwen Bu,PhD,PE, LEED AP Engineering Staff Tearn of Concrete Inspectors Sean Lin,PhD, PE,GE Senior Geotechnical Engineer Adrian Moreno,PE Senior Staff Engineer Twining,Inc. I City of Huntington Beach UNDERSTANDING & \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ METHODOLOGY After reviewing the RFQ,we understand that you require minor concrete and bridge structure concrete. on-call construction materials testing services for a wide » Perform compression strength tests on concrete cylinders in variety of State-,Federally-and non-State/Federally-funded accordance with ASTM C39 for bridge structure concrete. capital improvement construction projects over the next Dr.Boris Stein,ourTechnical Advisor of Concrete,will oversee three years.We understand that we are expected to provide all concrete tests performed for each project. the following services: » Keep records of all samples and tests in the project files as » Perform all tests required by Caltrans Standard permanentjob records.This includes materials incorporated Specifications,and in accordance with the City's into the project,represented by failing tests.Given our history approved Quality Assurance Program(QAP),California working with the City,we understand the requirements of test Department of Transportation,Construction Manual, documentation and reporting,and will ensure that all test Chapters 3,"Control of Materials"and Chapter 6, results shall cite applicable contract requirements,test and/or "Sample Types and Frequencies"Our laboratory,located analytical procedures used.Provide actual results and include a in Long Beach,is Caltrans Certified.All sampling and statement that the item tested or analyzed conforms or fails to testing will be performed by technicians with the conform to specified requirements.Test results shall be signed appropriate accreditation for the testing and sampling by a testing laboratory representative authorized to sign required by the project.If selected as the successful certified documentation and forward to the City. proposer,we will provide proof of accreditation for our » Amir,our Project Manager,will work with our Laboratory laboratory,as well as all field and laboratory staff. Manager,to maintain a testing Plan and Log.Our Laboratory » Provide initial"Samples and Tests"on materials Manager will record the date the test was conducted,and the proposed for use on each project.This includes date the test results were forwarded to Amir.We will submit a "Acceptance Tests"on materials that will be incorporated copy of the updated Test Plan and Log with the Contract Quality into the work.We will perform sampling as soon as Control Report each month. material is delivered or in place,and will continue to » Maintain a rework items list of work performed that does not sample as work progresses. comply with the Contract.The contractor will be responsible for » Provide a qualified technician to conduct density tests, including items needing rework,including those identified by as required.The tests will be performed with a nuclear our Engineer. densometer or sand cone.Maximum density curves „ Perform maximum density tests at the job site,unless will be performed on various material types as they are otherwise approved by the City Engineer. encountered. » Provide ACI-certified technicians,as required,to make » Keep records of all samples and tests in the project files as sets of concrete cylinders,and perform slump tests for permanent job records.Materials incorporated into the project, Twining,Inc. I City of Huntington Beach 11 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ represented by failing tests,shall also be documented in The technician/inspector logs his daily testing,inspection,and the project files. sampling and provides a copy of his daily report to the City Send materials certification memorandum to the representative for his signature.The daily report also contains Public Works Contract Administrator upon completion a log of his hours covering the duties performed that day. of each project.All non-conforming materials will be » If a material type(e.g. ready-mixed concrete)requires plant documented on the memorandum. inspection,both the plant and field technicians would » Paul Soltis.California Registered Civil and Geotechnical communicate directly with your representative regarding Engineer,PE 56140,GE 2606,shall sign the materials batched quantities,time of shipment,total yards at the plant, certification memorandum. plant break downs,and all pertinent daily activities. » Report any Non-Compliance results to the City's Project Daily field and shop reports are reviewed by Amir,along with Manager and City Project Inspector within twenty four all laboratory test results and distributed weekly to the project (24)hours from the time of sampling. team. A log of all tests and inspections is kept by Amir that We have broken down our approach to providing 'on-call' also includes tracking and resolution of any non-compliant services,by the services we are expecting to provide,as items. well as our outline of the sequential activities that will be Twining also provides all necessary closeout documents at undertaken throughout this contract to complete the tasks project completion. required: Construction-Related Geotechnical Engineering Approach to Construction Materials Testing and Services Special Inspection When the need for geotechnical construction-related services Twining receives a formal request for services from your arises during this contract,we will review the project plans designated representative briefly describing the scope, and specifications and the project geotechnical report in detail size,and services required.A set of plans,specifications, to fully understand the anticipated services for each specific will be made available for review prior to and during the project.If the geotechnical report is prepared by others,we will course of the project. review the report and provide a letter stating that Twining will Upon dispatch request from your representative,the assume the responsibility of geotechnical engineer of record for appropriate Twining staff member with the required construction and accept responsibility for the recommendations certifications is assigned to the project.The technicians provided in the report. and inspectors are available within 24 hours of the Our typical approach to a construction-related project for which representative's request and often can be provided with we provide geotechnical services includes the involvement even less prior notification. of Amir at the beginning, middle and end of the project.This The project tech nicianlinspectorperforms appropriate involvement has proven to be invaluable on most projects testing or inspection and logs location of each test or for the following reasons:(i)pre-grade meeting with the City item inspected.When required,samples are obtained and the grading contractor will bring to light any questions from construction materials for further lab testing. or ambiguities about the grading requirements prior to the start of grading so that delays related to geotechnical issues are mitigated;(ii)questions that arise during grading and Twining, Inc. 1 City of Huntington Beach 12 foundation construction regarding changed conditions are Approach to Pavement Testing and Special Inspection addressed promptly and efficiently in the field by Amir;and The following is our approach and methodology for managing (iii)periodic oversight by Amir consisting of review of daily materials testing and special inspection on pavement related field reports and site visits ensures accuracy of the work projects,in support of the City: being done and expedites the final report process. » Twining receives a request for services from your In general,Twining will provide the following services representative.A set of plans and specifications would be sent during construction as it relates to geotechnical to Twining for review. engineering: » Amir will review the plans and specifications.Twining Amir will review project plans and specifications with an may also provide a quality assurance program plan for ACI field technician to ensure proper execution of the each specific project outlining testing frequencies,testing project requirements; programs,etc. The field technician will perform continuous observation » The appropriate Twining staff member is dispatched to the and testing of fill placement as required by the California project.The technicians and inspectors will be available within Building Code and provide a daily report to the City that 24 hours of request. outlines the work done and any discrepancies or non- „ The project technician will perform appropriate testing or conformance with respect to project requirements so that inspection and log each station location of each test.Samples they can be tracked and resolved efficiently; would be obtained for construction materials that correlate The field technician will collect samples of soil being with the tests. used or proposed for use as fill so that appropriate » The technician will log his daily testing and sampling and laboratory testing can be performed(maximum dry provide a copy of his daily report to the public works inspector density/optimum moisture content relationships, for his signature.The daily report would also contain a log of expansion index,soil classification,sand equivalent, his hours covering the duties performed that day. R-value testing,CBR,etc.); » The technician will test all materials within the project as » Amir will review laboratory testing results and provide required by the project specifications and your QAP.If a necessary information to field technicians directly and material type(i.e.hot mix asphalt)requires plant inspection, follow up with"draft" results to the City for review and both the plant and field technicians would communicate approval; directly with the public works inspector as to temperatures, The field technician and Amir will periodically meet at time of shipment,total tons at the plant,intermediate the site to ensure testing and observation requirements plant test results,plant break downs,and all pertinent daily are being met;and activities. Amir and support staff will prepare a final geotechnical » Daily reports will be reviewed by Amir along with all report that summarizes the work done during laboratory test results and compiled into one final construction,including all test results and a statement construction quality assurance report to be submitted to the regarding compliance with the project geotechnical City at the end of each project. requirements and all applicable federal,state and county » Twining will also provide a Final Construction Quality codes. Twining,Inc. I City of Huntington Beach 13 Assurance report that displays all field inspection reports, progress report,as well as specification review for code batch plant inspection reports,laboratory testing reports, requirements vs the project specified scope items.We alert and a summary of the field density tests performed on clients immediately if retests are necessary,or if there are any the project.The final report will include the inspectors' concerns that will affect the schedule or budget.We understand names,certifications,laboratory certifications,and that invoice management is a critical internal process on which Twining's overall certification of the quality assurance we place great importance.We value our communication with program implemented on the project.The final report is our clients and seek to deliver a seamless and accurate approach intended for the City's use and can be presented upon an to invoicing and compensation management.We employ audit. strict internal quality control measures to ensure our client's Capability of Developing Innovative or Advanced satisfaction. Techniques In order to ensure the schedule and budget are comprehensive Twining will follow the standard specification and special and can be achieved,Amir and the lead inspector assigned provision of each project for testing and inspection of to the project conduct an initial kick-off meeting in order to the material.Additionally,Twining is capable of helping review the plans and specification and ensure that our team the city by developing special testing procedures to test has a thorough understanding of the project requirements. In special materials in-place ortest the proposed advance addition to this internal meeting,Twining will request to be materials by the contractor.Also,Twining can help the City included in the initial project site meeting with the entire project by identifying construction issues and abnormalities by team to establish clear lines of communication and critical utilizing our in-house collection of non-destructive testing project protocols. equipment such as GPR and impact echo. Amir and the inspector are in constant communication with Familiarity with Standards, Procedures, and the project team in order to accurately track the schedule and Regulations budget, and most importantly identify and communicate non- compliance issues,and ensure these issues are resolved and The large volume of work we have completed with the City documented in a timely manner. demonstrates our understanding of the City's standards, procedures and regulations.Additionally,we are currently Twining has several internal processes in place to minimize and working on many federally funded projects for municipal avoid unexpected cost overruns.We assign the same project agencies in southern California.We maintain meticulous manager to every project under an on-call contract.He reviews documentations of our Quality Assurance activities in every field and testing report so that he is aware of all services support of our municipal clients.Our firm has developed a Twining is providing. reputation for giving our clients peace of mind by following The project manager will then review the project schedule, applicable regulations and maintaining accurate and audit- scope of work,and budget.We provide our clients with monthly proof project documentation. invoicing to track the budget.One of the project manager's key Project Controls Procedure & Financial responsibilities is to review the invoice prior to being sent out, Responsibility to monitor for irregularities,and to make sure there are no"red flags"our clients need to be aware of. Twining provides budget and schedule monitoring on all projects we undertake.This includes a monthly financial Twining,Inc. I City of Huntington Beach 14 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Demonstration of Technical Ability Twining's team is vastly experienced with different construction methodologies and materials.We have been highly involved in utilizing different technologies in our recommendations to help agencies to reduce construction cost,adapt sustainable construction methods,and apply green technologies in their projects.These alternatives include: • (Cement, Lime)Soil Stabilization and Reconstruction • Full Depth Reclamation(FDR) • Cold Central Plant Recycling of Asphalt • Cold In-place Recycling of Asphalt • Roller Compacted Concrete(RCC) All of Twining's field inspectors have been trained on these alternative technologies and are fully capable of performing testing and inspection during the construction phase. Twining,Inc. City of Huntington Beach 15 /0 APPENDIX 1 0 m Resumes x PAUL SOLTIS PE, GE, Project Executive Professional SummarY '//////////////////%//%/////////////%//////////////%////%/////%//////%//////%////%//////, Paul Soltis brings more than 25 years of technical expertise to Twining. His experience includes geotechnical investigations and analyses relative to roads, bridges, highways, and other California infrastructure projects. His focus is on interaction with the design team during development of construction documents to achieve the most appropriate foundation type and most efficient site preparation techniques. Paul has extensive on-call contract management experience and the proven ability to simultaneously maintain and manage multiple projects. Paul is responsible for the technical oversight of the firm's geotechnical projects and management of the firm's geotechnical personnel. Relevant Experience Overview City of Huntington Beach, Sunset Beach Water Main and » Years' Experience: 1993-Present Pavement Replacement This project consisted of installation of a new water main and pavement Education replacement in various locations.The limits of the project extended north from 2nd Street to Anderson Street between Pacific Coast Highway and N. University» Geotechnical Engineering, PacificAvenue.Twining provided construction materials testing services for University of Colorado,Boulder this project.Our services included field density and laboratory testing of soil, » BS Civil Engineering,California Polytechnic base,and asphalt,as well as concrete sampling and testing.Serving as the State University,San Luis Obispo Senior Engineer,Paul managed the project and provided a signed final report to the City. Current Licenses Held City of Huntington Beach, Beach Boulevard Sewer Replacement » Professional Engineer,Civil,CA 56140 This project consisted of installation of a new sewer line and pavement replacement along Beach Boulevard between Ellis Avenue and SlaterAvenue. Registered Geotechnical Engineer,CA Twining performed the geotechnical exploration consisting of several borings GE 2606 on Beach Boulevard.Twining also provided materials testing services during construction for this project,which included field density testing of soil, base,and asphalt,and laboratory testing of soil materials.Paul served as the Geotechnical Engineer of Record for this project and provided a signed final report to the City upon completion of construction. City of Long Beach, On-Call Services Twining is contracted to provide certified testing and inspection services and geotechnical design on an on-call basis for public works infrastructure and facility-related improvement projects.Contract-wide,Paul serves as the principal in charge,providing geotechnical engineering design oversight. Twining,Inc. I City of Huntington Beach AMIR GHAVIBAZOO PhD, Project Manager Professional Summary Dr. Amir Ghavibazoo directs and works on pavement design, highway design, engineering specifications, and consulting services. During his graduate study, Amir gained invaluable knowledge and expertise on pavement management systems (MicroPaver), pavement evaluation, and pavement rehabilitation strategies. He has worked on many asphalt rubber projects, projects involving Superpave, investigations of pavement distress, and incorporates green technologies in pavement construction. He works closely with public agencies to develop unique and specialized mix designs, pavement construction inspections, and design solutions. Amir also serves on several technical committees in California helping to develop new specifications and update existing ones. Relevant Experience Overview City of Huntington Beach, Nichols Lane Rehabilitation Years' Experience: 2014-Present Twining performed inspection and material testing on the Nichols Lane rehabilitation project.Amir served as Project Manager to assure the quality of the job exceeded the City's expectations. He oversaw the material sampling Education and testing and provided technical comments to the City.He was also PhD Civil and Environmental Engineering, responsible for developing Cement-treated soil mix designs for the project. North Dakota State University City of Huntington Beach, Gothard Street and Center Avenue MS Railways Engineering, Iran University of Twining performed inspection and material testing on the Gothard Street Science and Technology,Tehran, Iran rehabilitation project.Amir served as Project Manager to assure the quality of BS Industrial Engineering,Amirkabir the job exceeded the City's expectations.He oversaw the material sampling University of Technology,Tehran,Iran and testing and provided technical comments to the city.He was also responsible to develop Cement-treated soil mix designs for the project. City of Huntington Beach, Arterial Rehabilitation Twining performed a pavement evaluation on approximately eight lane miles of street at multiple locations in the City of Huntington Beach,to recommend pavement repair and rehabilitation strategies.Amir served as the Senior Pavement Engineer,coordinating the required testing and preparing the final recommendation and design.Several alternative options provided to the City included mill and overlay, reconstruction,and soil stabilization. City of Santa Clarita, Overlay & Slurry Seal Projects Since 2011,Twining has performed quality assurance testing and inspection for the City of Santa Clarita.Amir serves as Project Manager,providing effective cost control solutions,and supporting the City's effort to maintain and manage the construction schedule by prioritizing timeliness,accuracy, and communication.He coordinates all required testing and inspection,and reviews laboratory test results. Twining,Inc. I City of Huntington Beach SEAN LIN PhD, PE, GE, Senior Geotechnical Engineer Professional Summary Dr.Sean Lin has more than 20years of professional experience as a Geotechnical Engineer.He specializes in seismic site response analysis as it applies to hospitals, schools and high-rise buildings. His professional experience includes soil mechanics and foundations, soil reinforcement, geosynthetics, pile design and driving analysis, slope stability,and liquefaction analysis.Sean has experience in engineering projects for commercial, residential, water/wastewater, military, educational and industrial facilities. Sean also has experience in geotechnical and construction projects for municipal, commercial, residential, military, educational and industrial facilities including technical and laboratory oversight and supervision of staff and personnel. Relevant Experience Overview City of Pasadena, Citywide Street Resurfacing Project On—Call Years'Experience: 1997-Present Material Testing and Inspection/Pavement Coring Services Sean managed several material testing and inspection projects forthis on- Education call contract.The scope of services included field density testing,subgrade compaction testing,road base evaluation,asphalt structural section coring, » PhD Civil Engineering emphasis Earthquake review of material certificates and mix design,Marshall maximum density Engineering, testing,and geotechnical recommendations of grading and compaction University of Southern California requirements.Sean met the City's construction schedule and provided the » MS Civil Engineering emphasis required testing and personnel to provide all project deliverables. Geotechnical Engineering, City of Monrovia, Huntington Drive Resurfacing Project University of Southern California The project consisted of resurfacing the rigid concrete pavement and » BS Civil Engineering,Chung Yuan Christian flexible asphalt concrete pavement between Second Street and California University,Taoyuan City,Taiwan Avenue.Sean supervised preparation of traffic control plans,reviewed field exploration boring data,performed an engineering analysis for the pavement Current licenses Held design,reviewed test results,and prepared a geotechnical investigation report.During the construction phase,Sean managed the inspection and » Professional Engineer,Civil,CA67109 material testing schedule,including subgrade compaction testing,road base » Registered Geotechnical Engineer,CA evaluation,review of material certificates and mix design,Marshall maximum GE 2921 density testing,and provided supplemental geotechnical recommendations. City of Santa Monica,Tongya Park Project The project consisted of design and construction of a 6-acre municipal park on the land immediately west of Santa Monica City Hall.The proposed development included four landscape mounds ranging approximately 6 feet to 18 feet in height,associated retaining walls,public restrooms,overlook structures,water features,play ground area,storage sheds,sidewalk,flatwork, and storm water infiltration system.Sean supervised field exploration, reviewed site-specific geotechnical data,performed engineering analyses, prepared a geotechnical investigation report during the design phase,and supervised field geotechnical testing during the construction phase. Twining,Inc. I City of Huntington Beach ADRIAN MORENO PE, Senior Staff Engineer Professional Summary Adrian Moreno brings more than five years of technical expertise to Twining. His experience includes mix designs, compaction reports, CAD work, and load testing. As a Staff Engineer, Adrian provides geotechnical engineering assistance on projects that include roadways, ports and other federally funded projects. Relevant Experience Overview City of Huntington Beach, Beach Boulevard and Ellis Avenue » Years' Experience:2013-Present Sewer Replacement The sewer replacement project,located on Beach Boulevard and Ellis Education Avenue,in the City of Huntington Beach,was installed at depths up to 15 feet below the existing grade.Trenching and shoring was done during St» Civil Engineering,California Polytechnic construction of the proposed sewer line.Twining provided geotechnical State University,Pomona design recommendations as well as soils testing during construction.Adrian Current Licenses Held served as Senior Staff Engineer.His responsibilities included field and testing Professional Engineer,Civil,CA 87057 oversight. City of Fontana, Slover Avenue, Cherry Avenue to Mulberry Avenue Twining provided asphalt concrete pavement coring,identification of sub- surface conditions,as well as geotechnical engineering recommendations for pavement rehabilitation.Adrian served as Staff Engineer on this project.His responsibilities included providing assistance to the project's Geotechnical Engineer of Record by performing CAD work. LADPW, 5TI Street This project included road repaving by recycling the existing asphalt and cement,and stabilizing the base or subgrade.Laboratory testing was conducted on sampled cores and subgrade samples,which were provided by the County in order to provide a custom mix design.These mix designs were performed in accordance with Caltrans designs procedures,and all testing and inspections were performed by a Los Angeles City or County of Los Angeles certified inspector.Adrian served as Project Manager and his responsibilities consisted of mix designs for cold central plant recycled asphalt and cement stabilized pulverized base. Twining,Inc. I City of Huntington Beach LINAS VITKUS PE, GE, Alternate Project Manager Professional Summary Linas Vitkus is a Senior Project Engineer responsible for providing project management and technical oversight of soils and materials testing and inspection projects. His experience includes the management of geotechnical and materials testing services on projects from the initial planning and conceptualization phase to final design and construction. In addition, Linas, as Senior Vice President of Operations is responsible for the overall operational management of Twining's five offices including laboratory operations. Relevant Experience Overview Caltrans Contract 08-4697V4 Route 138 and Route 2 Years'Experience: 1999-Present This project consists of the complete reconstruction and widening of approximately 10 miles of Route 138 in San Bernardino County. The project calls for 133,000 metric tons of QC/QAType C PBA-6A asphalt concrete Education totaling nearly$160 million in construction cost. The project was the first in BS Civil and Environmental Engineering, the state to utilize the newly rewritten Type C specification on a QC/QA project. University of California,Los Angeles Linas served as project manager and worked closely with all members of the Current Licenses Held construction team. Professional Engineer,Civil,CA 63163 Port of Long Beach, Pier G Maintenance and Repair Complex Registered Geotechnical Engineer,CA Building GE 2816 The Port of Long Beach,the second busiest seaport in the United States,is Nuclear Gauge Certified currently constructing a new complex of buildings at Pier G with the largest structure being the LEED Silver Maintenance and Repair(M&R)building. Linas is the project manager responsible for technical management and oversight ofTwining's inspection team that is providing materials testing and inspection and geotechnical observation and testing as part of the new development. In addition to the four buildings being constructed,there are large asphalt concrete parking and storage areas that were constructed over approximately 17 inches of cement treated base placed over prepared subgrade soils. In addition to oversight of the daily inspection and test reports generated,at completion of the project,Linas will be responsible for preparing the soils observations and relative compaction report as part of the overall certification of the project. Gerald Desmond Bridge Replacement Project Twining is currently performing Quality Assurance materials testing and sampling services onsite and offsite.As project manager,Linas is providing oversight of materials and testing.He is responsible for ensuring this project stays on schedule and within budget. Twining,Inc. I City of Huntington Beach BORIS STEIN DSc, Technical Advisor, Concrete Professional Summary Boris Stein brings over 35 years'experience to Twining, Inc. Boris's experience encompasses construction projects throughout California and abroad, and includes the research, development, engineering consulting, and testing of concrete and other building materials. He has been responsible for the oversight of the development and evaluation of concrete mixes for residential, commercial, and public use facilities including roads, bridges, and airports. Boris has provided technical support for clients in materials related tasks including the development of quality assurance/quality control documentation for cellular concrete production and construction, troubleshooting, forensic evaluation of concrete in existing structures, and personnel training. Relevant Experience Overview Caltrans, On-Call Services for Rigid Pavement and Structural Years' Experience: 1994-Present Concrete, Oakland Bay Bridge This special contract allowed Twining to collaborate with Caltrans and Education perform research and development for the application of construction materials on infrastructure projects.This project included several task orders. Doctorate of Science, Engineering, Among them were i)the addition of limestone to Portland cement used Honoris Causa, 1972 on Caltrans projects,ii)the use of high volumes of cementitious materials Dubna University such as fly ash and slag cement,iii)special evaluations of concrete used Moscow, Russia forthe West Approach to the San Francisco Oakland Bay Bridge,and,iv) the use of recycled aggregates for pavement concrete. Dr. Boris Stein Master of Science, Engineering, 1972 provided consulting services regarding the application and quality control Moscow Civil Engineering University of construction materials,including concrete for high profile projects in the Moscow, Russia Bay Area and statewide.Included on this contract were services related to the retrofit construction improvements of the Oakland Bay Bridge. . California Department of Water Resources, Perris Dam Seismic Remediation The proposed dam repair includes constructing cement deep soil mixing cells to strengthen the deeper foundation materials,excavating and extending the existing drain system for the dam,and adding a stability berm on top of the improved foundation.The overall length of repair is on the order of 5000 feet.Activities will include vegetation clearing, rock-blasting for materials and a new construction road,constructing cement deep soil mixing cells,transporting and stockpiling materials around the dam and lakebed, dewatering,and building the stability berm. Boris is providing technical expertise on the concrete construction elements of this project. Twining,Inc. I City of Huntington Beach EUGENE RAYMUNDO Technical Advisor, Condition Evaluation Professional Summary Eugene Raymundo brings over 23 years of technical expertise to Twining. Eugene oversees our Evaluations of Existing Structures(EES)division.Eugene will provide assistance to Twining's Project Manager in coordinating this scope of work for projects.Through the Project Manager, Eugene will be available,whether to answer questions, or make a site visit, playing an integral role in coordinating the services of our EES services. Further, Eugene will be available to collaborate with the Project Inspector of Record and structural engineer, under the direction of the client.. Relevant Experience Overview Bob Hope Patriotic Hall » Years'Experience: 1994-Present The Bob Hope Patriotic Hall is a 10-story building that serves as home to the Los Angeles County Department of Military and Veterans Affairs.In 2006,the building underwent major renovations that included updated mechanical Education systems,ADA upgrades,updated meeting,conference,and office spaces, » BS Civil Engineering,Manila,Philippines refurbished gym,a 500-seat auditorium,and full services kitchen.In 2013, » BS Civil Environmental and Sanitary the$46 million renovation project was completed and provided the Veterans Engineering,Manila,Philippines Affairs offices improved efficiency of operations and enhanced veteran's services in the County by providing a state-of-the-art veterans facility.Eugene provided pachometer surveying and other staff engineering services.This included site visits,as well as preparation of a report documenting field testing performed The Broad Museum The Broad Collection is the newest public museum of contemporary art located on Grand Avenue in downtown Los Angeles.The Broad Collection project features nearly one acre of column-free gallery space,approximately 50,000-square-feet of sky lit galleries,a lecture hall accommodating up to 200 people,and a public lobby with display space and a museum shop. Eugene served as a Staff Engineer,providing oversight of thermal controls required for this project. 8th & Olive Carmel Partners 27-Story tower in Los Angeles features 363 residential units, and 10,000-square-feet of ground-floor retail,plus a fifth floor deck that features a dog park,fitness center,and several lawn areas.Eugene provided compressive strength testing of concrete,as well as modulus of elasticity report. Twining,Inc. I City of Huntington Beach YIWEN BU PhD, PE, LEED AP, Technical Advisor, Concrete Professional Summary Dr. Yiwen Bu specializes in concrete material science and technology. She has special expertise in durability assessment and service life modeling of concrete, concrete proportioning and construction practices allowing for mitigating risks of cracking and corrosion of concrete, implementation of thermal control protocols and other practices enhancing service life of structures and pavements. She is responsible for the design, review, and preconstruction evaluation of concrete, preparation of quality control and crack-mitigation plans for concrete pavement projects,engineering support and overseeing the implementation of thermal control for mass concrete placements. . Relevant Experience Overview Long Beach Pump Station » Years' Experience: 2009-Present The project consists of construction of a new wastewater pumping plant and an adjacent two-story office and electrical building.The pumping plant includes a reinforced concrete below-grade wet well and dry well and a Education reinforced masonry above-grade structure with a freight elevator,cranes, » PhD,Materials Science and Engineering, dry-pit submersible pumps,and associated piping and valves.The two-story May 2014 reinforced masonry office and electrical building includes a passenger Purdue University,West Lafayette,IN elevator,variable frequency drives and associated medium and low voltage » Bachelor of Materials Science and electrical power supply and distribution equipment,and electrical and Engineering May 2009 instrumentation equipment for pumping plant monitoring and control.Yard University of Science and Technology, piping includes construction of large diameter sewerjunction structures Beijing,China and connecting concrete and fiberglass pipe and replacement of large diameter valves and fittings in a pressure manifold structure.Associated work includes demolition of existing buildings and installation of sheet pile Current Licenses Held shoring,precast concrete piles,jet grouting for soil improvement,HVAC » Engineer in Training(EIT): 153573 systems,vibration monitoring,fencing,yard piping and duct banks,shoring, dewatering,grading,paving,and mechanical,electrical,and instrumentation systems.Provides engineering support and oversight of implementation of thermal control for inverts and wall sections. Wilshire Grand Hotel Previously the site of the 16-story Wilshire Grand Hotel,it is now being developed by Korean Air,and will feature five levels of underground parking, convention space,office suites,and a 900-room hotel.Set to be the tallest building west of the Mississippi,the Redevelopment recently set the record forworld's longest continuous pouring of concrete for a future high-rise building.Dubbed the"grand pour,"this engineering feat lasted for 20 hours, almost 2,000 truckloads and 84 million pounds of concrete were brought in to lay 21,200 cubic yards of concrete.Yiwen provides engineering support and oversight of Implementation of thermal control and maturity monitoring of core wall sections. Twining,Inc. I City of Huntington Beach LICENSES Licensee Name: SOLTIS PAUL CHRISTOPHER Licensee Name: SOLTIS PAUL CHRISTOPHER i License Type: CML ENGINEER License Type: GEOTECHNICAL ENGINEER License Number: 56140 License Number: 2606 License Status: CLEAR efinition, License Status: CLEAR Expiration Date: December 31,2018 Expiration Date: December 31,2018 Address: 5732 LEMON AVE Address: 5732 LEMON AVE City: CYPRESS City: CYPRESS State: CA State: CA Zip: 90630 Zip: 90630 County: ORANGE County: ORANGE Actions: No Actions: No Licensee Name: LIN CHI HSIN Licensee Name: LIN CHI HSIN License Type: CIVIL ENGINEER License type: GEOTECHNICAL ENGINEER License Number: 67109 License Number: 2921 License Status: CLEAR'Def., License Status: CLEAR Expiration Date: September 30,2018 Expiration Date: September 30,2018 Address: 1722 CEDAR STREET APT C Address: 1722 CEDAR STREET APT G City: ALHAMBRA City: ALHAMBRA State: CA State: CA Zip: 91801 Zip: 91801 County: LOS ANGELES County: LOS ANGELES Actions: No Actions: No Licensee Name: 14 TKUS LINAS JONAS Licensee Name: VITKUS LINAS JONAS License Type: CIVIL ENGINEER License Type: GEOTECHNICAL ENGINEER License Number: 63163 License Number: 2816 License Status: CLEAR Definition License Status: CLEAR Expiration Date: June 30. 2018 Expiration Date: June 30,2018 Address: 1741 CHELSEA ROAD Address: 1741 CHELSEA ROAD City: PALOS VERDES ESTATE City: PALOS VERDES ESTATES State: CA State: CA Zi p: 90274 Zip: 90274 County: LOS ANGELES County: LOS ANGELES ActuonsG No Actions: No Licensee Name: MORENO ADRIAN MARIO Licensee Name: BU YIWEN License Type: CIVIL ENGINEER License Type: CIVIL ENGINEER License Number: 87057 License Number. 85822 License Status: CLEAR License Status: CLEAR Expiration Date: June 30,2019 Expiration Date: September 30.2018 Address: 9533 MONTANA CALVA CIR Address: 12585 PACATO CIRCLE City: PICO RIVERA City: SAN DIEGO State: CA State: CA Zip: 90660 Zip: 92128 County: LOS ANGELES County: SAN DIEGO Actions: No Actions: No Twining,Inc. City of Huntington Beach Thank you for your consideration . PA - ,�, ?��, ry� � +" .''}k ` ��� ", y v0�" f Y ,��•'� A ' » der Ai r t7g1•tifrk i vIO.'r Y •� J Y t�'1'1�1� .1 I� F J� Y,��:, �� y41�fi 4�¢ iK A�. � rs as r err• Y �•A'SY )�A4�- '•' r �'�:k" •$r, r Ar • 702, s iC j: Local Assistance Procedures Manual EXHIBIT 10-H Sample Cost Proposal Ex-ma 10-11 SAMPLE COST PROPOSAL(EXAMPLF#2) Page i of SPECtRC,RA•F-OF COMPFNSA t1ON(USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (COR'ST UCTION E14GINLT-RWG AND INSPECTION CONTRACTS) Note:Mark-ups are Not Allowed Consultant or Subconsultant Twining Inc. _ Contract No. Date 01111/2018 i �T. Fringe Benefit 70.39% + Overhead 41.88% + General Administration f}% = 112.27%Combined Indirect Cost hate(ICR) { 0%if Included in OH) {=0%if Included in OH) FEE = 13.00°la BELLING FNFORMATION CALCULATION INFORMATION NamefJob TitlelClassificationt Hourly Billing Rates2 Effective date of hourly rate Actual or Avg. %or$ Hourly range- Straight OT(1.5x) OT(2x) From To hourly rater increase for classifications only $125.60 3 I I Mio $111.60 011011201 B t 213112o18 $53.30 5,00% Project Engineer $131.80 $11720 $117.20 0110112019 1213IM19 $55.96 5.00% $138.40 $123.10 $123.10 0110112020 1213112020 $58.76 5.00% I $199.00 $199.o0 $199.00 WIC 2018 12r,iwole $84.46 5.00% Paul SoltisiReg Goo Engl Technical Adviser $208.90 $208,90 $206.90 01101/2019 12/3112019 $88.68 5,00% $219,40 $219.40 $219.40 01101 f2020 12/3/12020 $93,11 5.00% $255.83 $255.83 $255.B3 0710112018 1213112018 $108,56 5.00% Boris StainiProiect Engineed Technical Adviser $268.62 $268.62 $268.62 0110112019 12131/2019 $113,99 5M% $282.05 $202.05 $2a2.05 01101/2020 12131J2020 $119,68 5,00% $104.30 $104.30 $104.30 01/0112018 12/3112018 S 44.29 5.00% Staff Engineer $109.60 $109.60 $109.60 01/0112019 1213it2019 $46.60 5.00% $115.00 $115.00 $115.00 01/01/2020 1213112020 $48.82 5.00% $108.80 S 160.20 $213.60 0110112018 1213112018 $45.32 5.00% Field Technician' $112.10 $168,20 $224.28 01/01/201 B 1 2131 1201 9 S 47.58 5.00% $11T74 $176,60 $235.50 01/0112020 1213112020 $49.96 5.00% a.aa� 0:00% I. Names and classifications of consultant(key staff)team members must be listed. Provide separate sheets for prime and all subconsultant firms- 1 Billing rate=actual hourly rate*(]+ICR)*(1+Fee). Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only,enter the Average Dourly hate for that classification. NOTES: • Denote all employees subject to prevailing wage with an asterisks{"} • For"Other Direct Cost"listing,see page 2 of this Extlimit Page 3 of S LPP 15-41 January 14,2015 Local Assistance Procedures Manual EXHIBIT 10-H Sample Cost Proposal ExmBiT 10-H SAMPLE COST PROPOSAL{ExAmPLE$#2} Page 2 of 2 SPECIFIC RATE OF COMPENSATION(tJSE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENOWEERhNC AND INSPFCTION CONTR-ACTS) Consultant or Subconsultant Twining Inc_ Contract No. Date_0111112018 SCHEDULE OF OTHER DIRECT COST ITEMS PRIME CONSULTANT SUBCONSULTANT#1 SUBCONSULTANT#2 DESCRIPTION OF UNIT UMT TOTAL DESCRIPTION OF UNIT UNIT TOTAL DESCRIPTION OF UNIT UNIT TOTAL ITEMS COST ITEMS COST ITEMS COST $0.00 S 010O $Q.00 $0A0 S O.OQ $0.00 $0.00 $0.00 $0.00 S 0.00 $0.00 $0.00 S 0-00 5 O.flQ __ S D.00 $O.UO $0.00 1 $0.00 $0.00 $0.00 S 0.00 $0.00 S 0.00 SO-001 $0.00 S 0.00 S 0.00 $0.00 PRIME TOTAL ODCs= S 0.00 SI BCONSULTANT#1 ODCs= S 0.00 SUBCCONT SULTANT#2 OI7Cs= $0.00 RAPORTANT NOTES: 1. List direct cost items with estimated costs.These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed items should be consistently billed directly to all clients(Commercial entities,Federal Goer.,State Govt.,and Local Govt-Agency),and not just when the client will pay for them as a direct cost. S. Items when incurred for the same purpose,in like circumstance,should not be included to any indirect cost pool or in the overhead rate. 4. Items such as special tooling,will be reimbursed at actual cost with supporting documentation(invoice). 5. Items listed above that would be considered"tools of the trade"are not reimbursable as other direct cost. 6. Travel related costs should be pre-approved by the contracting agency. 7. If mileage is claimed,the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles.In addition,the miles claimed should be supported by mileage togs. S. If a consultant proposes rental casts for a vehicle,the company roust demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose- Page 4 of 5 I TWINING Schedule of Fees 2017 - 2018 NOTE. Hales will be adjusted annualty each July!st to reflect increased costs Personnel Rates:Per Hour Unless Otherwise Noted Task Code Non-Destructive Testinq_Personnel Rate 10401 NOE Ultrasonic Testing Technician $ 121.00 10403 NDE Magnetic Particle Testing Technician $ 121.00 10405 NDE Dye Penetrant Testing Technician $ 121.00 10305 Combination NDE TechnicianANelding Inspector $ 121.00 10409 Radiographic Testing(crew of 2) $ 313.00 10020 NDE Engineer $ 170.00 Task Code Equipment Usage(Daily unless Othsiwise w,tdd) Rate 95318 Skidmore $ 43.00 96309 Torque Wrench,Small $ 16.00 95312 Torque Wrench,large $ 27.00 95315 Torque Multiplier $ 43.00 95321 Air Meter $ 22.00 95324 Brass Mold $ 22.00 95343 Nuclear Gauge(Per Hour) $ 10.00 95333 Pull Test Equipment $ 64.00 95348 Cencrete/Asphalt Coring Equipment $ 636.00 95327 Pachomaler $ 59.00 95336 Floor Flatness(Dipstick) $ 48.00 95330 Schmidt Hammer $ 2200 95341 Vapor Emission Test Kits $ 32.00 95342 Relative Humidity Probe $ 64.00 95339 UPV(Ultrasonic Pulse Velocity)Meter $ 297.00 95351 Fireproofing Adhesion/Cohesion(Per Test) $ 22.00 95300 A Scan Ultrasonic Equipment and Consumables $ 69.00 95303 Magnetic Particle Equipment and Consumables $ 32.00 95306 Liquid Penetrant Consumables $ 27.00 95307 Phased Array Ultrasonic Equipment(Per Hour) $ 53.00 95347 Ground Penetrating Radar(Per Hour) $ 53.00 95345 Impact Echo $ 29T00 95359 California Pavement Profilograph(Per Hour) $ 122.00 95349 Inertial Profiler(Per Hour) $ 265.00 95357 Project Dedicated Vehicie $ 106.00 95362 Roller Compacted Concrete Vibrating Hammer/Tampling Plate $ 64.00 95367 Half-cell Potential Equipment Set $ 265 DO 95368 Concrete Electrical Resistivity Meter $ 15900 Task Code Specimen Pick up _ -__ Rate 20102 Standard Sample:Concrete Cylinders(Each) $ 22.00 20101 Standard Sample:MortarlGrout Cubes and Cores, $ 22.00 Fireproofing,Reber,and Epoxy Prisms(Each) 201031 Oversize Sample:Masonry Prisms,Sholcrete Panels, $ 50.00 20104 Flexural Beams(Each) 20107 rechnlcian for Specimen Pick-Up Not Listed Above $ 91.00 (Per Hour,2-Hour Minimum) 20109 Technician for Specimen Pick-Up Before 5:00 a.m. $ 110.00 or After 5.00 p.m.Monday thru Friday,of All Day Saturday(Per Hour,2-Hour Minimum Plus Mileage) Task Code Jobsoe Trailer Mobile or On-site Laboratory Rate 95360 Mobile laboratory for rapid set concrete $ 398.00 (per shift not exceeding 12 hours) All others by quotation TWINING Task Task Chemical Analysis and Petrographic Code Concrete Tests(Field Made Specimens) Rate Code Examination of Concrete,continued Rate a 20201 6"x 12"or 4"x 8"Cylinder:Compression Strength $ 34.00 80126 Chemical Analysis for Water Soluble Chlorides $ 138.00 (ASTM C39) (ASTM C1218)(includes sample prep) 20203 Density of Structural Lightweight Concrete $ 80.00 80123 Chemical Analysis for Acid Soluble Chlorides $ 149.00 Equilibrium or Oven Dry Method(ASTM C567) (ASTM C1152)(includes sample prep) 20205 Core Compression including Trimming(ASTM C42) $ 59.00 80193 Chloride Diffusion Coefficient of Cementitious $ 2,120.00 Mixtures by Bulk Diffusion(ASTM C1556) 20207 6'x 6"x 18"Flexural Beams Not Exceeding $ 75.00 80129 Petrographic Examination of Hardened $ 1,606.00 Referenced Size(ASTM C78,C293 or CTM 523) Concrete(ASTM 856)(Comprehensive) 20208 6"x 6"x 30"Flexural Beams(CTM 523) $ 91.00 20209 Splitting Tensile Strength(ASTM C496) $ 91.00 Task Code Physical and Chemical Analysis of Cemenl Rate 20211 Modulus of Elasticity Test(ASTM C46(J) $ 239.00 80195 Physical Testing and Chemical Analysis of Portland Cement per S 1,166.00 Standard Requirements(ASTM C150) 80003 Rapid Chloride Permeability Test:Cylinders or $ 477.00 80100 Chemical Analysis of Portland Cement per $ 583.00 Cores(ASTM C1202) Standard Requirements (ASTM C150) 80006 Density,Absorption,and Voids In Hardened $ 371.00 80103 Physical Testing of Portland Cement per $ 636,D0 Concrete(ASTM C642) Standard Requirements(ASTM C 150) 40005 Flexural Toughness(ASTM C1609,Formerly $ 742.00 80194 Physical Testing of Type K Cement,Mortar $ 636.00 ASTM C1018) Expansion(ASTM C806) _ 40009 Coefficient of Thermal Expansion of Concrete $ 530.00 50106 Partial Analysis or Specific Physical Tests Quotation (CRD 39,AASHTO T336) 80110 Sulfates Resistance of Hydraulic $ 2,120.00 Cement(ASTM C1012)-6 months Task 80111 Sulfates Resistance of Hydraulic $ 2,332.00 Code Concrete Specimen Preparation Rate Cement(ASTM C1012).12 months 20151 Sawing of Specimens(Each) $ 27.00 20157 Coring of Specimens In Lab(Each) $ 27.00 Task Code Physical and Chemical Analysis of Fly Ash Rate 80140 Chemical Analysis of Fly Ash per $ 583.00 Standard Requirements(ASTM C618) Task Laboratory Trial Batch:Concrete,Cement and 80143 Physical Testing of Fly Ash per Standard Requirements $ 562.00 Code Mortar Rate (ASTM C618) 30217 Compression Test Cylinders Made and Tested in $ 48.00 80146 Partial Analysis or Specific Physical Tests Quotation Laboratory(ASTM C192,C35) 30219 6"x 6"x 15"Flexural Beams Made and Tested in $ 91.00 80147 Chemical Analysis and Physical Testing of Fly Ash per $ 1,060.00 Laboratory(ASTM C192.C78) Standard Requirements(ASTM C1618) 30221 6"x 6"x 30"Flexural Beams Made and Tested in $ 101.00 Laboratory(ASTM C192.C293) 30223 Splitting Tensile Strength Cylinders Made and Tested $ 106.00 Task Physical Testing of Chemical Admixtures for in Laboratory(ASTM C192,C496) Code Concrete Rate 30225 Modulus of Elasticity Test Cylinders Made and Tested in $ 166.00 80196 Qualification of Admixture per ASTM C494 Quotation Laboratory(ASTM C192,C469) 30227 Density of Structural Lightweight Concrete Made in the $ 92.00 Laboratory,Equilibrium or Dven Dry Method(ASTM C567) Task Code Soils and Aggregate Tests Rate 30201 Laboratory Trial Batch(ASTM C192) $ 477-00 30503 Abrasion:LA Rattler(ASTM C131) $ 197.00 30203 Laboratory Trial Batch:Packaged Dry Concrete $ 848.00 30505 Abrasion:LA Rattler(ASTM C535) $ 207.00 Including Verification of Slump,Air Content,Plastic Unit Weight,Six Cylinders for Compressroe Strength(ASTM C387 and C192) 30205 Drying Shrinkage Up to 28 Days:Three 3"x 3'or $ 47700 70301 Atterberg LimilslPlasticity Index(ASTM D4318,CTM204) $ 159.00 4"x 4"Bars,Five Readings up to 28 Dry Days (ASTM C157) 30230 Additional Reading,Per Set of Three Bars $ 4800 70303 California Bearing Ratio Excluding Maximum Density $ 583.00 (ASTM D1883):Soil 30231 Storage over Ninety(90)Days,Per Set of $ 32.00 70304 California Bearing Ratio Excluding Maximum Density $ fi89.00 Three Bars,Per Month (ASTM D1883):Cement-Treated Sol 30207 Setting Time Up to 7 Hours(ASTM C403) $ 133.00 70344 Cement-Treated SoiilBase Mix Design:Includes three trial $ 3,180.00 cement contents with three unconfined compressive strength specimens per cement content 30209 Bleeding(AS TM C232) $ 133.00 70305 Chloride and Sulfala Content(CTM 417,CTM 422) $ 138.00 30229 Concrete Restrained Expansion(ASTM 0878) $ 504.00 30403 Clay Lumps and Friable Particles(ASTM C142) $ 186.00 30211 Mix,Make and Test Mortar or Grout Specimens for $ 424.00 30321 Cleanness Value:1"x#4 (CTM 227) $ 156.00 Compressive Strength:Set of 6(ASTM C109,C942) 20263 Non-Shrink Grout:Height Change after Final $ 477.00 30322 Cleanness Value:1.5"x.75"(CTM 227) $ 292.DO Set(ASTM C1090) 20265 Non-Shrink Grout:Height Change at Early $ 742.00 70393 Collapse Potenhallindex(ASTM D5333) $ 186.00 Age(ASTM C827) 30232 Cracking Resistance,Set of Three Rings, $ 4.240.00 70396 Compressive Strength of Molded Soil-Cement $ 112.00 Laboratory Trial Salching,Test Until Cracking or Cylinders(AST M D1633) up to 28 Days(ASTM 1581) 30233 Evaluation of Pre-Packaged Masonry Mortars $ 1,166.00 70309 Consolidation Test Full Cycle(ASTM 2435,CTM 219) $ ZU7.00 (ASTM C270) 30234 Creep,ASTM C512(One Year of Loading) $ 4,770.00 70311 Consolidation Test:Time Rate per Load increment $ 4800 (ASTM D2435,CTM 219) 70313 Corrosiwty Series:Sulfate,Cl,pH,Resistivity $ 260.00 (CTM 643,417,and 422) Task Chemical Analysis and Petrographic 70315 CrushedlFracturad Particles(ASTM D5821,CTM 205) S 155.00 Code Examination of Concrete Rate 80120 Chemical Analysis for Water Soluble Sulfates $ 138.00 70317 Direct Shear Test!Remolded and/or Residual $ 260.00 (ASTM C114)(includes sample prep) (ASTM D3080) TWINING Task Task Code Soils and Aggregate Tests,continued Rate Code Soils and Aggregate Tests continued Rate 70319 Direct Shear Test:Undisturbed-Slaw(CO](ASTM D3080) $ 239.00 30317 Unit Weight Per Cubic Foot(ASTM C29,CTM 212) $ 133 co 70321 Direct Shear Test:Undisturbed-Fast[CU] $ 207.00 30319 Voids in Aggregate with Known Specific Gravity $ 133.G0 (ASTM D3080) (ASTM C29,CTM 212) 70378 Durability Index:Per Method-A,B,C,or D $ 223.00 (CTM 229,ASTM D3744) 70325 Expansion Index(ASTM D4829,UBC 18-2) $ 181.00 Task Code Asphalt Concrete Tests ___.. u_ Rate 75004 Fine Aggregate Angularity $ 197.00 76031 HMA Mixing and Preparation $ 133.00 (AASHTO T304,ASTM C1252,CTM 234) 30507 Flat and Elongated Particle(ASTM D4791) $ 239.00 75032 HMA Mixing and Preparation with Aggregate Treatment $ 186.00 30508 Flat or Elongated Particle(ASTM 04791) $ 207.00 75033 Bulk Specific Gravity of Compacted Sample or $ 53.00 Core:SSD(CTM 308C and ASTM 02726) 70331 Maximum Density:Methods A/BIC $ 202.00 76036 Bulk Specific Gravity of Compacted Sample or $ 80.00 (ASTM D1557,D698,CTM 216) Core:Parafin Coaled(CTM 308A and ASTM D1188) 70333 Maximum Density:Check Point $ 69.00 75040 Emulsion Residue,Evaporation(ASTM D244) $ 159.00 (ASTM D1557,D696) 70335 Maximum Density:AASHTO C[Modified) $ 207.00 75024 Extraction:%Bitumen(CTM 382,ASTM D6307) $ 170.00 (AASHTO T-180) 70337 Moisture Content(ASTM D2216,CTM 226) $ 27.00 75027 extraction:%Bitumen and Gradation(CTM 382, $ 218.00 CTM 202,ASTM D6307,ASTM 05444) 70339 Moisture and Density:Ring Sample(ASTM D2937) $ 32.00 75028 Extraction:%Bitumen,Correction Factor $ 345.00 (CTM 382,ASTM D6307) 70341 Moisture and Density:Shelby Tube Sample $ 43.00 75030 Chemical Extraction:%Bitumen and Sieve Analysis $ 260.00 (ASTM D2937) (ASTM D2172 Method A or B,ASTM D5444) 70340 Moisture.Density Relations of Soil-Cement $ 29200 75042 Lab Tested Maximum Density:Hveem,3 briquettes $ 218.00 Mixtures Premixed In the Field(ASTM D558) (CTM 304,CTM 308,ASTM Di 561,ASTM D1188) 70342 Moisture-Density Relations of Soll-Cement Mixtures $ 371,00 75057 Hveem Slabilometer Test,Premixed,3 briquettes $ 21800 Mixed in the Lab(ASTM D558) (CTM 304,CTM 366,ASTM D1560,ASTM D1561) 30401 Organic Impurities(ASTM C40,CTM 213) $ 96.00 75048 Lab Tested Maximum Density:Marshall, $ 218.00 3 briquettes(ASTM D6926,ASTM D2726) 10343 Permeability(ASTM D5084) Quotation 75049 Lab Tested Maximum Density:Marshall $ 228.00 6"Specimen,3 briquettes(ASTM D5581, ASTM D2726) 80001 Potential Reactivity.Chemical Method(ASTM C289) $ 504.00 75050 Lab Tested Maximum Density:Superpave Gyratory $ 80.00 Compacted Briquette,SSD,1 briquette (ASTM D6925,ASTM D2726) 70394 Potential Reactivity:Mortar Bar Expansion Method, $ 795,00 76052 Lab Tested Maximum Density,Svperpave Gyratory $ 91.00 14-Day Exposure(ASTM C1260) Compacted Briquette,Parafln,1 briquette (ASTM D6925,ASTM D1188) 70391 Potential Reactivity:Mortar Bar Expansion Method, $ 848.00 75051 Maximum Theoretical Specific Gravity[RICE] $ 165.00 28-Day Exposure(ASTM C1260) (CTM 309,ASTM 02041) 70398 Potential Reactivity.Concrete Bar Expansion, $ 2,544.00 75066 Marshall Stability and Flow,Cored Sample,each $ 80 00 Method(ASTM C1293),12 month (ASTM D6927) 70399 Potential Reactivity.Concrete Bar Expansion, $ 2,756.00 75069 Marshall Stability and Flow.Premixed,3 briquettes $ 218.00 Method(ASTM C1293),24 month (ASTM D6926,ASTM D6927) 70397 Potential Reactivity of Aggregate Combination, $ 954,00 75108 Mai shall Stability and Flow,Gyratory Compacted $ 239.00 14-Day Exposure.Mortar(ASTM C1567) Specimen Pre-Mixed,3 briquettes (ASTM 06925,ASTM D5581) 70392 Potential Reactivity of Aggregate Combination, $ 1,007.00 75107 Marshall Stability and Flow 6 Specimen,Promixed, $ 228,00 28-Day Exposure.Mortar(ASTM C1567) 3 briquettes (ASTM D5581) 70345 R-Value:Soil(ASTM 2844,CTM 301) $ 398.00 75063 Moisture Content(CTM 370) $ 91.00 70347 R-Value:Aggregate Base(ASTM D2844,CTM 301) $ 435.00 75005 Wet Track Abrasion Test(ASTM D3910) $ 18 70349 Sand Equivalent(ASTM D2419,CTM 217) $ 133.00 75093 Hveem Mix Design(Excluding Aggregate Quality Tests) $ 3,180.00 .00 70351 Sieve h200 Wash Only(ASTM 01140,CTM 202) $ 96.00 75096 Hveem Mix Design,with RAP(Excluding Aggregate $ 3,498.00 Quality Tests,RAP Qualification) 70353 Sieve with Hydrometer.314"Gravel to Clay(ASTM D422, $ 26500 75099 Hveem Mix Design,with Lime(Excluding Aggregate $ 3,703.00 CTM 203) Quality Tests) 70355 Sieve with Hydrometer:Sand to Clay(ASTM D422,CTM $ 255.00 75094 Hveem Mix Design Caltrans Untreated Mix $ 4,452.00 203) (Including Aggregate Quality Tests) 70357 Sieve Analysis Including Wash(ASTM C136,CTM 202) $ 159.00 75095 Hveem Mix Design Caltrans Lime Treated Mix $ 4,558,00 (Including Aggregate Quality Tests) 70359 Sieve Analysis Without Wash(ASTM C136,CTM 202) $ 128.00 75084 Marshall Mix Design(Excluding Aggregate Quality Tests) $ 3,180,00 70360 Sieve Analysis:Spilt Sieve(ASTM C136,CTM 202) $ 255.00 75087 Marshall Mix Design with RAP(Excluding Aggregate S 3,498,00 Quality Tests) 70361 Sieve Analysis Without Wash:With Cobbles $ 25000 75090 Marshall Mix Design with Lime(Excluding Aggregate $ 3,763.00 (ASTM C136,CTM 202) Quality Tests) 70363 Soundness:Sodium or Magnesium Sulfate, $ 477.00 75083 Open Grade Asphalt Concrete Mix Design $ 1.431.00 5 Cycles(ASTM C88) (CTM 368,ASTM D7064) 70365 Specific Gravity and Absorption:Coarse $ 106.00 75109 Superpave Mix Design(Excluding Aggregate Quality Tests) $ 5.057.00 (ASTM C127,CTM 206) 70367 Specific Gravity and Absorption:Fine $ 175.00 75113 Superpave Mix Design,with RAP $ 6,456.00 (ASTM C128,CTM 207) (Excluding Aggregate Quality Tests) 70369 Sweii/Settlement Potential:One Dimensional $ 112.00 75114 Superpave Mix Design,with Rubber $ 6,572.00 (ASTM D4546) (Excluding Aggregate Quality Tests) 70371 Triaxial Quotation 70373 Unconfined Compression(ASTM D2166,CTM 221) $ 144.00 TWINING Task Task Concrele Roof Fill.Gypsum,Vermiculite,Perlite, Code Asphalt Concrele Tests,continued Rate Code Lightweight Insulating Concrete Etc. Rate $ 43.00 75115 Sups rpave MIx Design,with Additives $ 5,926.00 20371 Compression Test(ASTM U495 and C472) (Excluding Aggregate Quality Tests) 75075 Effect of Moisture on Asphalt Paving Mixtures,Pre-Mixed $ 954,00 20373 Air Dry Density(ASTM C472) $ 32.00 (AASHTO T283,ASTM D4867) 75111 Hamburg Wheel Track Test,20,000 passes,4 briquettes $ 1,060,00 20379 Oven Dry Density(ASTM C495) $ 5900 (AASHTO T324) 75039 Raveling Test of Cold Mixed Emulsified Asphalt $ 212.00 (ASTM D7196) 75067 Marshall Stability,wet set,3 replicates(AASHTO T 245) $ 345.00 Task Code Reinforcing Steel,ASTM A615,A706 Rate 75068 Marshall Stability,dry set,3 replicates(AASHTO T 245) $ 292.00 20501 Tensile Test:#11 or Smaller $ 59.00 75070 Cold Recycled Asphalt Mix Design:2 gradings each,3 $ 10,070.00 20503 Bend Test:#11 or Smaller $ 53.00 emulsion content(Callrans LP-8) 20504 Bend Test#1 A or#18 $ 318.00 Task 20505 Tenslls Test:#14 $ 212.00 Code Brick Masonry Tests,_ASTM C67 Rate 20301 Modulus of Ruplum:Flexural(5 Required Per ASTM) $ 48.00 20507 Tensile Test.#18 $ 318.00 20303 Compression Strength(3 Required Per ASTM) $ 48.00 20305 Absorption:5 Hour or 24 Hour(5 Required) $ 53.00 Task Code Reinforcmg_Steei-Welded or Coupled Specimens Rate 20307 Absorption(Boil):1,2 or 5 Hours(5 Required) $ 64.00 20521 Tensile Test Welded/Coupled#11 and Smaller $ 69.00 20309 Initial Rate of Absorption(5 Required) $ 43.00 20523 Tensile Test:Welded/Coupled#14 $ 239.00 20311 Efflorescence(5 Required) $ 64.00 20525 Tensile Test:Welded/Coupled#18 $ 345.00 20313 Cores:Compression $ 59.00 20529 Weld Macroelch $ 75.G0 20315 Shear Tesl on Brick Cores:2 Faces $ 85.00 20531 Slippage Test-Caltrens(CTM 670) $ 191,00 20532 Tensile Test:Welded I loops#11 and Smaller $ 133.00 Task Code Concrete Block, ASTM C140 Rate 7.0321 Compression(3 Required Per ASTM) J $ 85.00 Task Code Metal and Sleet Testing Rate 20323 Absorption/Moisture Coment/Oven Dry Density $ 8500 20601 Tensile Strength:Up to 100K Pounds(Each) $ 59.00 (3 Required Per ASTM) 20327 Linear Shrinkage(ASTM C426) $ 212.00 20603 Tensile Strength:Up to 200K Pounds(Each) $ 69.00 20335 Web and Face Shell Measurements $ 43.00 20605 Tensile Strength:Up to 300K Pounds(Each) $ 80.00 20329 Tension Test $ 159.00 20607 Tensile Strength:Up to 4GOK Pounds(Each) $ 133.00 20331 Core Compression $ 59-00 20609 Tensile Strength:400K to 600K Pounds(Each) $ 318.00 20333 Shear Test of Masonry Cores:2 Faces $ 8000 20611 Tensile Strength:Stress-Strain Percent Offset $ 159.00 20339 Efflorescence Tests(3 Required) $ 43.00 20545 Weld:Macroetch $ 7500 20547 Weld:Fracture $ 32.00 Task 20616 Band Test $ 49.00 Code Masonry Prisms ASTM C1314 Rate 20341 Compression Test:Composite Masonry $ 197.00 20617 Flattening Test $ 59.00 Prisms Up To 8"x 16" 20343 Compression Test:Composite Masonry $ 260.00 20019 Brinnel and Rockwell Hardness Test $ 80.00 Prisms Larger Than 8"x 16" (ASTM E18)(Par Test) 20346 Prism Cord Modulus of Elasticity $ 557.00 20630 Bail:Axial Tensile Test(Up to 7/8"diameter) $ 43.00 20347 Prism Cord Modulus of Elasticity with Transverse $ 668-00 20631 Boil:Wedge Tensile Test(Up to 7/8"diameter) $ 59.00 Strain(for doublo-wythe specimen) 20632 Boll:Axial Tensile Test(Greater than 7/8" $ 64.00 up to 1"diameter) Task 20633 Bolt:Wedge Tensile Test(Greater than 7/8" $ 80.00 Code Mortar and Grout Rate up to 1"diameter) 20351 Cornpiesslon:2"x 4"Mortar Cylinders(ASTM C780) $ 59.00 20634 Bolt:Axial Tensile Test(Greater than V diameter) Quotation 20353 Compression:3"x 3"x 6"Grout Prisms, $ 34,00 20635 Bolt:Wedge Tensile Test(Greater than I"diameter) Quotation Includes Trimming(ASTM C119) 20355 Compression 2"Cubes(ASTM C109) $ 59.00 20636 Boll:Proof Load Test(Up to 718") $ 69.00 20357 Compression.Cores(ASTM C42) $ 59.00 20637 Bolt:Proof Load Test(Greater than(18"up to 1"diameter) $ 91.00 20638 Bolt Proof toad Test(Greater than 1") Quotation Task 20(339 Nut:Proof Load Test(Up to 7/8") $ 48.00 Code Masonry Specimen Preparation Rate 20155 Cutting of Cubes or Prisms $ 53.00 20640 Nui:Proof Load Test(Greeter than 718"up io 1"diameter) $ 89.00 20641 Nut:Proof Load Test(Greater than 1") Quotation Task Task Code Fireproofing Tests Rate Code Chemical Testing of Metal and Steel Rate 20401 Oven Dry Density(Per Sample)(ASTM E605) $ 69.00 80170 Steel Chemical Analysis $ 144.00 80173 Weight of Galvanized Coaling(ASTM Ago) $ 80.00 Task Code Gunile and Sholcrete Tests Rate 20361 Core Compression Including Tdrnming(ASTM C42) $ 58.30 20363 Compression:6"x 12"Cylinders $ 33.92 20365 Compression:Cubes(Includes Saw Cutting) $ 78.44 TWINING Task Machining and Preparation of Tensile and Bend Task Code Sample:Carbon Steel _Rate Code Polymer Matrix Composite Materials(Fiberwrap) Rate 20751 Machinist:Initial Preparation from Mock-up,Etc. $ 96. 00 20706 Tensile Strength-Set of 5 Specimensrbatchl $ 1,431.00 (Per Hour) direction(ASTM 13303g) 20753 Sawcut to Overall Width(Per 0.5 Thickness or $ 48.00 20707 'Tensile Strength-Additional Specimens $ 265 00 Fraction Thereof) (ASTM D3039) 20755 Machine to Test Configuration:Milled Specimens $ 64.00 20708 Heating Chamber Time-Per 24 hr penod $ 91.00 20757 Machine to Test Configuration:Turned Specimens $ 128.00 (Per 0.5"Thickness or Fraction Thereof) 20759 Prepare Subsize Specimens(Per 0.5"Thickness $ 80.00 Task or Fraction Thereof) Code Calibration Services and Universal Machine Usage Rate 20801 CallbrationNerification Services Quotaton Task Charpy Impact Rate 20803 Universal Test Machine Usage(Per Hour) $ 292.00 20621 Charpy impact Ambient Temperature,per sample $ 91 00 (Average of 3 Samples Typically Required) 20623 Charpy Impact Reduced Temperature,per sample $ 112.00 (Average of 3 Samples Typically Required; Ceramic Tile Testing Division The Ceramic Tile Insblute of America(CTIOA)and Twining worked together to advance and develop technology designed to enhance the quality of materials and Task Machining of Charpy Samples:Carbon Steel _ Rate workmanship in the ceramic tile industry.A separate schedule of fees forthese 20780 Cutting and Milling(Per 0.5'or Fraction Thereafter) $ 80.CO services is available upon request. (Average of 3 Samples Typically Required) 20783 Final Machining to Sample Configuration $ 91.00 Cyclic and Fatigue Testing Programs on Special Products/Parts Quotation (Average of 3 Samples Typically Required, Engineering and Technical supportslDesign of Prototypes and Special Quotation Test Set-Up ask Prestressing Wires and I endons, AS i M Fastener/Coupling Full Testing Program Per New Regulations,Tension, Quotation Code A416 Rate TensionlBend,Shear,Double Shear,8 Compressions 20701 Stress-Strain Analysis:Wire or Strands $ 181.00 Fiberglass/Composite Materials Field Testing Program(ASTM D4065, Quotation (Including Chart and Percent Offset) D1143,D4923,D2584,D4476,D1242,D7901,D7921,and D732) 20703 Tensile Test Only $ 133.00 Field Testing of Structures and Structural Elements Quotation 20705 Tendons Quotation In-Place Shear Testing Quotation Materials and/or Product Evaluelion Per Specifications Quotation Structural Dynamic Testing and Durability Analysis Quotation C;ene.-al C011dit]OfIS NOTE: Field Inspection work conditions are established by contract with Operating Engineers,Local 12. NOTE: A minimum of 24 hours notice is required for testing and inspection services. NOTE.For projects subject to a Project Labor Agreement(PLA),if terms/conditions of the PLA are more restrictive those terms/conditions will apply. Administrative Fees All administrative costs including report distribution and Twining ConstructionHive system are billed at the following percentage of the monthly invoice total. 4 Note that hard copies of reports will be sent only to governing Jurisdictions that mandate them.All other parties will receive reports electronically.The administrative fee above will be increased by 1%if additional hard copies of reports are requested. Minimum Charges(Inspection and Technician Personnel Only-Other Personnel Charged on Portal to Portal Basis) 2-Hour Minimum:Inspector arrives at jobsite,no work to perform. 4-Hour Minimum:1 to 4 hours of inspection B-Hour Minimum:Over 4 to 8 hours of inspection Regular Time The first 8 hours worked Monday through Fnday between 5:00 a.m,and 5:00 p.m. Time and One-Half(All Types of Inspection) All shifts will be billed based on the time and date of their start.Any inciemenl past 8 hours through 12 hours worked Monday through Friday and the first 12 hours on Saturday. Time and one-half will also be charged for any time before 5:00 a.m.and after 5 00 p m. Double Time(Ali Types of inspection) Al shifts will be billed based on th a time and dale of their start.After the first 12 hours worked Monday through Saturday,all day Sunday,holidays,and the first Saturday following the first Friday in June and December.Holidays are New Year's Day,Memorial Day,Independence Day,Labor Day,Veterans Day,Thanksgiving Day,the day after Thanksgiving, and Christmas Day Meal Period When personnel are required by their duties to work more than five consecutive hours without a one-half hour uninterrupted meal period,one half hour at double time rate will be charged in addition to any applicable overtime for actual hours worked. Shift Differential(Applies to Regularly Scheduled Shifts Only) A$1,00 per hour shift differential premium will be charged for all Inspection hours that fall outside of the 5.00 a.m.to 5:00 p.m, lime period Twining will require 48-hour notice prior to beginning a shift that will include hours falling outside this time period.Should this notice not be provided,all work performed on that shift will be billed at the overtime rate. If three shifts per day are required,the first shift will be billed at thr.standard rate.The second shift shall be billed in accordance with the previous paragraph The third shift shall be billed at 8 hours for the first 6 1!2 hours worked and overtime for all hours thereafter, TWINING (�t:neral Conc?itiuns, C0f111'1R('.d Travel Time and Mileage For projects outside a 50-mile radius from the nearest Twining facility, $ 0.70 per excess mile to and from the project will be charged for inspectors and technicians. Other than small loots,whenever project related equipment is required to be transported to and from the project site,time and mileage for inspectors and field technicians will be billed on a portal to portal basis. For all projects,our per mile rate and applicable travel time will be charged portal to portal for engineers,consultants,supervisors,and laboratory technicians from the laboratory to the project site and return. - For work locations located 1Do miles or more from Twining,travel time will be charged at the relevant rate for Inspectors and technicians in addition to a subsistence allowance. Saturday Sample Pick-Ups In order to be in strict conformance with testing standards,it may be required that Saturday pick-ups be performed(e.g,concrete specimens cast on Friday must be picked up on Saturday in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.)Applicable charges for Saturday work will apply when this is required.Should these charges not be authorized then Twining will not be responsible for any negative consequences. Reimbursable Expenses Parking,air fare,car rental,food and lodging,etc,will be charged at cost plus 20%per processed invoice,unless provided by client Project Specific Documents Costs presented assume that client will provide pmject specific documents(plans,specifications,submittals,RFIs,etc.)for all inspection personnel. Should project specific documents be provided electronically through a for fee service,the client will be responsible for providing access and paying any fees for the service. Project Site Facilities Prices quoted assume that initial curing facilities for test samples that comply vrth relevant test standards and project requirements and desk space for inspection staff are provided by others. Additional costs will apply should Twining be required to provide such facilities. Subsistence Subsistence an remote jabs will be charged per quotation. Laboratory Testing Hours Please note that laboratory testing will be billed on an hourly basis for non-standard tests. If testing is required to be performed on Saturdays,Sundays,holidays,or before 5:30 a.m,or after 4:00 p.m.on weekdays,an additional hourly charge with a minimum of one hour will be applled for the laboratory technician.1.5 x regular test rate will be charged for rush testing. Charges for Subcontracted Services Material sent to outside laboratory for testing: Cost plus 20% Material sent to outside fabricator or machine shop: Cast plus 20 A Giu-Lam beam inspection: Cost plus 20% Other subcontractors. Cost plus 20% Project exclusive equipment purchase: Cost plus 20% Limn of Liability Client agrees to limit Twining's aggregate liability to all entities for alleged or actual errors and omissions In the performance of Its professional services under this agreement to $50,000.00 or the fees actually paid to Twining,whichever amount is greater.Higher limits may be available by quotation. Certified Payroll Certified payroll will be provided,upon request,at an additional charge of$100.00/month. Fee applies to every month that cartfied payroll must be submitted regardless of whether or not services were provided for any given month. Final Reports Required by Jurisdiction If a final report or affidavit is required,we must first review all inspection and testing reports and clear up any unresolved issues on these reports.These issues will typically require approval by the engineer or architect of record,This process can take several weeks or just a day,depending on the number and complexity of the issues Cost for final reports will be billed hourly. Terms of Payment Fees charged are for professional and technical services and are due upon presentation. If not paid within 30 days from date of invoice,they are considered past due and a finance charge of 1 Y.%per month will be added to the unpaid balance(APR 18%). A 3%fee will be applied for payments processed by credit card. All invoice errors or necessary corrections shall be brought to the attention of Twining within 15 days of receipt of invoice.Thereafter,customer acknowledges invoices are correct and valid. Twining reserves the righl to terminate its services to a customer without notice if all invoices are not current. Upon such termination of services,the entire amount accrued for all services performed shall immediately become due and payable.Customerwaives any and all claims against Twining,its suhsidiades,affiliates,servants and agents for termination of work on account of these terms. In the event of any litigation arising from or related to any agreement to provide services whether verbal or written,the prevailing party shall be entitled to recover from the non- prevailing party all reasonable costs incurred,Including staff time,court costs,attomay's fees and all other related expenses in such litigation.Additionally,in the event of a non. adjudicative settlement of litigation between the parties or a resolution of dispute by arbitration,that same process shall determine the prevailing party. Specimen Disposal Specimens will be discarded after testing unless Twining has been notified prior to tesfing that the customer wishes to retrieve the specimens or storage arrangements are made. Oversize Specimens An extra charge will be made when test specimens require more than one petsuii to handle because of size or weight. Elevated Work Platforms In the event an elevated work platform is required to safely complete our inspections,the client must provide safe access,Including a trained and certifled operator,to Twining, Inc.inspection and testing personnel U-1 A,,I- P,.—I.—Ni....I FAIIIIIII 9,1) DBE OR F Con I raf l ir,oal %l hileria I Testing Consill In Ht Cily 4 1[11"vinglo"Beach Various I m pro,e0meni Projects Trwking OF, A�o r bf- DOE Work Factor Y of at odetenters NyMb�'iN Z , 1z `karts v, I-qy 1." i' WA JP1 L. I- -6f b' Appro)L m (input aArcsn66 DOE �.'Item Description Unit Pdoo 'KTOMI I orre-spond I Avalla to corpopent7 Na. QuanCr unit StIb W. the number-of Dollar Anno t Column DOES 1 1 LS Field Material Testing s 1 8o'coo 00 $160,000 00 N N $000 2 1 LS Labofatoa Material TeOirkg $40,000.00 $40.000 00 N IN $000 3 1 LS Wcokoct Management and Data Review $26,00000 $26.000 00 N N $000 4 1 1 LS ICIericai $4,00000 S4,00000 N N $000 TOTAL $250,000.00 TOTAL DOE $0.00 WORK AMOUNT Work Code Category DOE Goal 0% rt Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1.Local Agency: 2.Contract DBE Goal: 3.Project Description: 4.Project Location: 5.Consultant's Name: 6.Prime Certified DBE: ❑ 7.Description of Work,Service,or Materials 8. DBE 0 Supplied Certification 9.DBE Contact Information 10. DBE /o Number Local Agency.to Complete"this'Section; 17. Local Agency Contract Number: 11.TOTAL CLAIMED DBE PARTICIPATION 18. Federal-Aid Project Number. 19. Proposed Contract Execution Date: Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier.Written confirmation of each listed DBE is required. 20-Local Agency Representative's Signature 21. Date 12.Preparer's Signature 13. Date 22. Local Agency Representative's Name 23. Phone 14. Preparer's Name 15. Phone 24. Local Agency Representative's Title 16. Preparer's Title DISTRIBUTION: Original—Included with consultant's proposal to local agency. ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654- 3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. Page 1 of 2 July 23,2015 I Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment INSTRUCTIONS—CONSULTANT PROPOSAL DBE COMMITMENT CONSULTANT SECTION 1. Local Agency- Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal- Enter the contract DBE goal percentage as it appears on the project advertisement. 3.Project Description - Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 4.Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name- Enter the consultant's firm name. 6. Prime Certified DBE- Check box if prime contractor is a certified DBE. 7.Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided.Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 8.DBE Certification Number- Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 10.DBE % -Percent participation of work to be performed or service provided by a DBE. include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort(GFE)is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 12. Preparer's Signature- The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 13. Date- Enter the date the DBE commitment form is signed by the consultant's preparer. 14. Preparer's Name- Enter the name of the person preparing and signing the consultant's DBE commitment form. 15.Phone- Enter the area code and phone number of the person signing the consultant's DBE commitment form. 16. Preparer's Title-Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number- Enter the Local Agency contract number or identifier. 18. Federal-Aid Project Number- Enter the Federal-Aid Project Number. 19. Proposed Contract Execution Date- Enter the proposed contract execution date. 20. Local Agency Representative's Signature- The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this fonn is complete and accurate. 21.Date- Enter the date the DBE commitment form is signed by the Local Agency Representative. 22. Local Agency Representative's Name- Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 23. Phone- Enter the area code and phone number of the person signing the consultant's DBE commitment form. 24. Local Agency Representative Title- Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23,2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1.Local Agency: 2.Contract DBE Goal: 3.Project Description: 4. Project Location: 5.Consultant's Name: 6. Prime Certified DBE: ❑ 7.Total Contract Award Amount: 8.Total Dollar Amount for ALL Subconsultants: 9.Total Number of ALL Subconsultants: 10. Description of Work,Service,or Materials 11. DBE 13. DBE Supplied Certification 12. DBE Contact Information Dollar Number Amount Local AgencyF to Complete this Section 20. Local Agency Contract Kh-1,—, 14.TOTAL CLAIMED DBE PARTICIPATION 21. Federal-Aid Project Number: 22.Contract Execution nnto- Local Agency certifies that all DBE certifications are valid and information on IMPORTANT:Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier.Written confirmation of each listed DBE is required. 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date 25.Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1.Original—Local Agency 2.Copy—Caltrans District Local Assistance Engineer(DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654- 3880 or write Records and Forms Management, 1120 N Street,MS-89,Sacramento,CA 95814. Page 1 of 2 July 23,2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS—CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency-Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal-Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description -Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location -Enter the project location as it appears on the project advertisement. 5. Consultant's Name-Enter the consultant's fine name. 6. Prime Certified DBE- Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants—Enter the total dollar amount for all subcontracted consultants. SUM =(DBEs+all Non-DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants—Enter the total number of all subcontracted consultants. SUM=(DBEs+all Non-DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services,or Materials Supplied-Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work perfonned by the prime consultant's own forces, if the prime is a DBE. If 100%of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number- Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information -Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 13. DBE Dollar Amount- Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the"DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item"Total Contract Award Amount"). If the total % claimed is less than item "Contract DBE Goal,"an adequately documented Good Faith Effort(GFE)is required(see Exhibit 15-H DBE Information-Good Faith Efforts of the LAPM). 15. Preparer's Signature- The person completing the DBE commitment fonn on behalf of the consultant's firm must sign their name. 16. Date-Enter the date the DBE commitment form is signed by the consultant's preparer. 17. Preparer's Name-Enter the name of the person preparing and signing the consultant's DBE commitment form. 18. Phone- Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19. Preparer's Title-Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number- Enter the Local Agency contract number or identifier. 21. Federal-Aid Project Number-Enter the Federal-Aid Project Number. 22. Contract Execution Date-Enter the date the contract was executed. 23. Local Agency Representative's Signature-The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date- Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name- Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title-Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23,2015 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, 1-1 Enter Name and Address of Prime: Prime FISubawardce Tier if known Congressional District,if known Congressional District,ifknown 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable 8. Federal Action Number,if known: 9. Award Amount,if known: 10. Name and Address of Lobby Entity 11.Individuals Performing Services (If individual,last name;first name,M1) (including address if different from No. 10) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) 12. Amount of Payment(check all that apply) 14. Type of Payment(check all that apply) $ actual ❑planned a. retainer b. one-time fee 13. Form of Payment(check all that apply): c. commission a. cash d. contingent fee b. in-kind;specify:nature e deferred Value f. other,specify 15. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 12: (attach Continuation Sheet(s)if necessary) 16. Continuation Shect(s)attached: Yes ❑ No El 17.Information requested through this form is authorized by Title 31 U S C Section 1352 This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U S C Print Name: 1352 This information will be reported to Congress semiannually and will be available for public inspection Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Fonn LLL Rev 04-28-06 Distribution: Ong-Local Agency Project Files Page 1 LPP 13-01 May 8,2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. i. Identify the type of covered federal action for which lobbying activity is or has been secured to influence,the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name,address,city,state,and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts,subgrants,and contract awards under grants. 5. If the organization Tiling the report in Item 4 checks"Subawardee"then enter the full name,address,city,state,and zip code of the prime federal recipient. Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the federal program name or description for the covered federal action(item I). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g.,Request for Proposal(RFP)number, invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s)performing services and include full address if difTerent from 10(a). Enter Last Name, First Name and Middle Initial(MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the lobbying entity (Item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 13. Check all boxes that apply. if payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 14. Check all boxes that apply. if other,specify nature. 1>. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. identify the federal officer(s)or ernployee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that were contacted. 16. Check whether or not a continuation sheet(s)is attached. 17. The certifying official shall sign and date the form,and print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30-minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C.20503. SF- LLL-instructions Rev.06-04 Page 2 LPP 13-01 May 8,2013 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language EXHIBIT 10-R A&E SAMPLE CONTRACT LANGUAGE (For Local Assistance Federal-aid Projects) NOTE TO LOCAL AGENCY-BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS CONTRACT LANGUAGE IS ONLY SUGGESTED LANGUAGE. MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT. TABLE OF CONTENTS A&E SAMPLE CONTRACT LANGUAGE Article Subject Page ArticleI Introduction................................................................................................................................2 ArticleII Statement of Work.....................................................................................................................2 Article III Consultant's Reports or Meetings..............................................................................................4 Alandaloiy Fiscal and Federal provisions (Verbatim): Article1V Performance Period....................................................................................................................4 Article V Allowable Costs and Payments..................................................................................................4 ArticleVI Termination................................................................................................................................8 Article VII Cost Principles and Administrative Requirements....................................................................8 Article VIII Retention of Records/Audit.......................................................................................................9 Article IX Audit Review Procedures ..........................................................................................................9 ArticleX Subcontracting.........................................................................................................................10 Article XI Equipment Purchase ................................................................................................................I 1 Article XII State Prevailing Wage Rates....................................................................................................I I Article X111 Conflict of Interest...................................................................................................................12 Article XIV Rebates, Kickbacks or other Unlawful Consideration.............................................................12 Article XV Prohibition of Expending Local Agency State or Federal Funds for Lobbying......................12 Article XVI Statement of Compliance.........................................................................................................13 Article XVII Debarment and Suspension Certification.................................................................................14 Aliscellaneous provisions: Article XVII1 Funding Requirements.............................................................................................................14 ArticleXIX Change in Terms......................................................................................................................14 Article XX Disadvantaged Business Enterprises(DBE)Participation.......................................................15 ArticleXXI Contingent Fee.........................................................................................................................16 ArticleXXII Disputes ...................................................................................................................................16 Article XXlll Inspection of Work..................................................................................................................16 ArticleXX1V Safety.......................................................................................................................................17 ArticleXXV Insurance..................................................................................................................................17 ArticleXXVI Ownership of Data...................................................................................................................18 Article XXVII Claims Filed by LOCAL AGENCY'S Construction Contractor.............................................18 Article XXVI II Confidentiality of Data............................................................................................................19 Article XXIX National Labor Relations Board Certification.........................................................................19 Article XXX Evaluation of Consultant .........................................................................................................19 Article XXXI Retention of Funds...................................................................................................................19 ArticleXXXII Notification..............................................................................................................................21 ArticleXXXI11 Contract....................................................................................................................................21 ArticleXXXIV Signatures.................................................................................................................................21 Page 1 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE I INTRODUCTION A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as,LOCAL AGENCY: The name of the"CONSULTANT" is as follows: Incorporated in the State of(NAME OF STATE) The Project Manager for the"CONSULTANT"will be (NAME) The name of the"LOCAL AGENCY" is as follows: The Contract Administrator for LOCAL AGENCY will be(NAME) B. The work to be performed under this contract is described in Article 11 entitled Statement of Work and the approved CONSULTANT's Cost Proposal dated (DATE J. The approved CONSULTANT's Cost Proposal is attached hereto(Attachment 1) and incorporated by reference. if there is any conflict between the approved Cost Proposal and this contract,this contract shall take precedence. C. CONSULTANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions of CONSULTANT. D. CONSULTANT and the agents and employees of CONSULTANT, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY. E. Without the written consent of LOCAL AGENCY,this contract is not assignable by CONSULTANT either in whole or in part. F. No alteration or variation of the terms of this contract shall be valid,unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. G. The consideration to be paid to CONSULTANT as provided herein,shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. ARTICLE Ili STATEMENT OF WORK (INSERT APPROPRI41 E STAT FMF,NT OF I47ORI:INCL UDING A DESCRIPTION OF THE DELIVERABLES) A. Consultant Services Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in consultant contract should be included. Describe acceptance criteria, and if the responsible consultant/engineer shall sign all Plans, Specifications and Estimate(PS&E) and engineering data furnished under the contract including registration number. Page 2 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion,a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision [see Chapter 6, "Enviromnenfal Procedures" in the LAPM, and the Standard Enviromnenfal Reference]. B. Right of Way State whether Right of Way requirements are to be determined and shown by CONSULTANT,whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way plots are to be furnished. C. Surveys State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys. D. Subsurface Investigations State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference. E. Local Agency Obligations All data applicable to the project and in possession of LOCAL AGENCY or another agency, or govermnent that are to be made available to CONSULTANT are referred to in the contract. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly. F. Conferences, Visits to Site,Inspection of Work The contract provides for conferences as needed, visits to the site, and inspection of the work by representatives of the state, or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee. G. Checking Shop Drawings For contracts requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the contract fee, or provision may be made for separate payment. H. Consultant Services During Construction The extent, if any of CONSULTANT's services during the course of construction as material testing, construction surveys. etc., are specified in the contract together with the method of payment for such services. 1. Documentation and Schedules Contracts where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the contract objectives. J. Deliverables and Number of Copies The number of copies of papers or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way plots is specified. Provision may be made for payment for additional copies. Page 3 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE III CONSULTANT'S REPORTS OR MEETINGS (Choose either Option I or Option 2) (Option I - Use paragraphs A &B below for standard contracts) A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule;to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed, to discuss progress on the contract. (Option 2 - Use paragraphs A &B below for on-call contracts) A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY's Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule;to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator or Project Coordinator, as needed,to discuss progress on the project(s). ARTICLE IV PERFORMANCE PERIOD(Verbatim) (A time must be set for beginning and ending the work under the contract. The time allowed for performing the work is specified; it should be reasonable for the kind and amount ofseri)ices contemplated, and it is written into the contract. If it is desirable that Critical Path Method(CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the contract. (Choose either Option I or Option 2) (Option 1 - Use paragraphs A &B below.for standard and on-call contracts) A. This contract shall go into effect on(DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The contract shall end on (DATE), unless extended by contract amendment. B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY. (Option 2 - Use paragraph C below in addition to paragraphs A &B above for on-call contracts) C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this contract,the terms of the contract shall be extended by contract amendment. ARTICLE V ALLOWABLE COSTS AND PAYMENTS (Verbatim) (Choose either Option 1, 2, 3, or 4) (Option 1 - Use paragraphs A through J below_for Actual Cost-Plus-Fixed Fee contracts. Use Exhibit 10-H, Example 91 for Cost Proposal Format) Page 4 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language A. The method of payment for this contract will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs(including labor costs, employee benefits,travel, equipment rental costs, overhead and other direct costs)incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY's approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "H" shall not be exceeded, unless authorized by contract amendment. B. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment. C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. D. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate. E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work,LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination. F. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract. G. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL AGENCY's Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) H. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed$(Amount). 1. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by LOCAL AGENCY's Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. Page 5 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language (Option 2- For Cost per Unit of Work contracts, replace paragraphs A & B of Option I ivith the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for-work specific to your project. Use Exhibit 10-H, Example 43 for Cost Proposal Format) A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs,maintenance, or insurance, and no further compensation will be allowed therefore. B. The specified rate to be paid for vehicle expense for CONSULTANT's field personnel shall be$(Amount) per approved Cost Proposal. This rate shall be for a fully equipped vehicle, with radio and flashing yellow light(if needed), as specified in Article 11 of this contract. The specified rate to be paid for equipment shall be, as listed in Attachment(Insert Attachment Number). C. The method of payment for this contract, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits,travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for,by contract amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and contract is required;the actual costs reimbursable by LOCAL AGENCY may be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "1," shall not be exceeded unless authorized by contract amendment. (Option 3- Use paragraphs A through P for Specific Rates of Compensation contracts [such as on-call contractsj. Use Exhibit 10-H, Example 42 for Cost Proposal Format) A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in CONSULTANTs Cost Proposal (Attachment Number). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this Contract. B. In addition, CONSULTANT will be reimbursed for incurred(actual) direct costs other than salary costs that are in the cost proposal and identified in the cost proposal and in the executed Task Order. C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders. D. After a project to be performed under this contract is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (I0)calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement bas been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT. E. Task Orders may be negotiated for a lump sum (Firm Fixed Price)or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT's Cost Proposal. F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. Page 6 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate. H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. 1. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY, and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this contract. J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY. K. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing,or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract, must be reimbursed by CONSULTANT prior to the expiration or termination of this contract. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (NAME OF LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) L. The period of perfonnance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Contract. M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. N. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. O. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this contract shall not exceed $(Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. (Option 4- Use paragraphs A through E below for lump sum cowrocls. Use Exhibit 10-H, Example 41 for Cost Proposal Format) A. The method of payinent for this contract will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article 11 Statement of Work of this contract. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum Page 7 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language compensation will not be effective until authorized by contract amendment and approved by LOCAL AGENCY. B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination. C. CONSULTANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract. D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address: (LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR) (ADDRESS) E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount). ARTICLE VI TERMINATION (Verbatim) A. LOCAL AGENCY reserves the right to terminate this contract upon thirty(30) calendar days written notice to CONSULTANT with the reasons for termination stated in the notice. B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSULTANT the sum due to CONSULTANT under this contract prior to termination, unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due CONSULTANT under this contract and the balance, if any, shall be paid to CONSULTANT upon demand. C. The maximum amount for which the LOCAL AGENCY shall be liable if this contract is terminated is dollars. ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS(Verbatim) A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1,Part 31.000 et seq., shall be used to determine the cost allowability of individual items. B. CONSULTANT also agrees to comply with federal procedures in accordance with 49 CFR,Part 18, Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Page 8 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR,Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY. ARTICLE VIII RETENTION OF RECORDS/AUDIT(Verbatim) For the purpose of determining compliance with Public Contract Code 101 15, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents,papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to,the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor,LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULTANT and it's certified public accountants(CPA) work papers that are pertinent to the contract and indirect cost rates(ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. ARTICLE IX AUDIT REVIEW PROCEDURES (Verbatim) A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by LOCAL AGENCY'S Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this contract. (The followingAUDIT CLAUSE must be inserted into all contracts of$150,000 or greater) D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR,Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal,state, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers,will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. (The following AUDIT CLAUSE must be inserted into all contracts of$3,500,000 or greater). E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans' Audit and Investigation(Caltrans). Caltrans,at its sole discretion,may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the Page 9 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the contract terms and cause for termination of the contract and disallowance of prior reimbursed costs. I. During a Caltrans' review of the ICR audit work papers created by the CONSULTANT's independent CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I. Provisional rates will be as follows: a. If the proposed rate is less than 150%- the provisional rate reimbursed will be 90%of the proposed rate. b. If the proposed rate is between 150% and 200% -the provisional rate will be 85%of the proposed rate. c. If the proposed rate is greater than 200% -the provisional rate will be 75% of the proposed rate. 2. If Caltrans is unable to issue a cognizant letter per paragraph E.1. above, Caltrans may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three(3) months of the effective date of the management letter. Caltrans will then have up to six(6)months to review the CONSULTANT's and/or the independent CPA's revisions. 3. If the CONSULTANT fails to comply with the provisions of this Section E,or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event,this provisional ICR will become the actual and final ICR for reimbursement purposes under this contract. 4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (I)Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2) all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3) Caltrans has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICETO local agency no later than 60 days after occurrence of the last of these items. The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant,with the same fiscal period ICR. ARTICLE X SUBCONTRACTING (Verbatim) A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s)and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY'S obligation to make payments to the CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. Page 10 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&F,Sample Contract Language C. CONSULTANT shall pay its subconsultants within ten(10)calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY. D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s)must be approved in writing by LOCAL AGENCY's Contract Administrator prior to the start of work by the subconsultant(s). ARTICLE XI EQUIPMENT PURCHASE(Verbatim) A. Prior authorization in writing, by LOCAL AGENCY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order,or subcontract exceeding$5,000 for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in CONSULTANT's Cost Proposal and exceeding$5,000 prior authorization by LOCAL AGENCY's Contract Administrator;three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this contract is subject to the following: "CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of$5,000 or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract,or if the contract is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment,fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment,the terms and conditions of such sale must be approved in advance by LOCAL AGENCY."' 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. ARTICLE XI1 STATE PREVAILING WAGE RATES (Verbatim) (Choose either Option 1 or Option 2) (Option 1 - For contracts where a portion of the proposed work to be performed are crafts affected by state labor laws, use paragraphs A and B) A. CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal. State,and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract, if for more than$25,000 for public works construction or more than $I5,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.,ov. Page 11 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language (Option 2 - Use only paragraph A below when all of the proposed work in the contract is performed by crafts not affected by slate labor laws or are not contemplated,for use) A. The State of California's General Prevailing Wage Rates are not applicable to this contract. Note: The Federal "Payment of Predetermined Minimum Wage"applies only to federal-aid construction contracts. ARTICLE X11I CONFLICT OF INTEREST (Verbatim) A. CONSULTANT shall disclose any financial, business,or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project,which will follow. B. CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract. (Choose either Option 1 or Option 2 if'appropriale) (Option 1 - Use paragraphs C& D below with paragraphs A &B above.for PS&E contracts only) C. CONSULTANT hereby certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT will bid on any construction contract,or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. D. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. (Option 2- Use paragraphs C, D& E below with paragraphs A &B above for Construction Contract Administration contracts only) C. CONSULTANT hereby certifies that neither CONSULTANT, its employees,nor any firm affiliated with CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this contract. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise. D. CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with CONSULTANT, will bid on any construction subcontracts included within the construction contract. Additionally, CONSULTANT certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract. E. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing service on this contract shall have provided services on the design of any project included within this contract. ARTICLE XIV REBATES,KICKBACKS OR OTHER UNLAWFUL CONSIDERATION (Verbatim) CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty,LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. Page 12 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS FOR LOBBYING (Verbatim) (Include this article in all contracts where federal funding will exceed$150,000. If less than$150,000 in federal funds will be expended on the contract; delete this article and re-number the notification article which follows.) A. CONSULTANT certifies to the best of his or her knowledge and belief that: 1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract;the making of any state or federal grant;the making of any state or federal loan;the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid,or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress,or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. C. CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. ARTICLE XVI STATEMENT OF COMPLIANCE A. CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with,the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass,or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin,physical disability(including HIV and AIDS), mental disability, medical condition(e.g., cancer), age(over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act(Gov. Code §12990(a-f) et seq.)and the 5applicable regulations promulgated there under(California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Page 13 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. (For contracts with Federal,funding, add paragraphs C&D) C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation—Title 49 Code of Federal Regulations, Part 21 -Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color,national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically,the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION A. CONSULTANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California,that CONSULTANT has complied with Title 2 CFR,Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)",which certifies that he/she or any person associated therewith in the capacity of owner, partner,director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three(3)years; does not have a proposed debarment pending; and has not been indicted, convicted,or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three(3)years. Any exceptions to this certification must be disclosed to LOCAL AGENCY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply,initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. ARTICLE XVIII FUNDING REQUIREMENTS A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. in addition,this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or finding of this contract in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. Page 14 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to Article Vl, or by mutual agreement to amend the contract to reflect any reduction of funds. ARTICLE XIX CHANGE IN TERMS A. This contract may be amended or modified only by mutual written agreement of the parties. B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY's Contract Administrator. C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal,which is a part of this contract without prior written approval by LOCAL AGENCY's Contract Administrator. ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES(DBE)PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. The goal for DBE participation for this contract is %. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment(Exhibit 10-01), or in the Consultant Contract DBE Information(Exhibit 10-02)attached hereto and incorporated as part of the Contract. if a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. DBEs and other small businesses, as defined in 49 CFR,Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR,Part 26 in the award and administration of US DOT-assisted agreements. Failure by CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL AGENCY deems appropriate. D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section. E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f). F. A DBE performs a Commercially Useful Function (CUF)when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF,the DBE must also be responsible with respect to materials and supplies used on the contract,for negotiating price, determining quality and quantity, ordering the material, and installing(where applicable)and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors. G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract,or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions,particularly those in which DBEs do not participate. Page 15 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language H. If a DBE does not perform or exercise responsibility for at least thirty percent(30%)of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. I. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor,regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. J. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise(DBE),First-Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPIvI], certified correct by CONSULTANT or CONSULTANT's authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent(25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory"Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants" is submitted to the Contract Administrator. K. if a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. if a subconsultant becomes a certified DBE during the life of the Contract,the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY's Contract Administrator within 30 days. ARTICLE XXI CONTINGENT FEE CONSULTANT warrants, by execution of this contract that no person or selling agency has been employed, or retained,to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXII DISPUTES (Choose either Option 1 or Option 2) (Option 1 - Use paragraphs A through C below for all contracts without PS&E submittal) A. Any dispute, other than audit,concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY's Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT. B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract. (Option 2 - Replace Paragraph B, above, with the following.for contracts requiring the submission of PS&E) Page 16 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language B. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. ARTICLE XXIII INSPECTION OF WORK CONSULTANT and any subconsultant shall pen-nit LOCAL AGENCY, the state, and the FHWA if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis. ARTICLE XXIV SAFETY (Use on all contracts regardless offunding source) A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. (Add to all contracts, which may require trenching offive feet or deeper) D. CONSULTANT must have a Division of Occupational Safety and Health(CAL-OSHA)permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper. ARTICLE XXV INSURANCE (Choose either Option 1 or Option 2) (Option 1 - for Contracts with a scope of senices that nzay require the consultant or subconsultant to ii;ork within the operating state or Local Agency Highway Right of TJ/ay; where there would be exposure to public traffic or construction operations) A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit(CSL) of not less than one million dollars($1,000,000)per occurrence. B. The Certificate of Insurance will provide: 1. That the insurer will not cancel the insured's coverage without 30 days prior written notice to LOCAL AGENCY. 2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds,but only insofar as the operations under this contract are concerned. Page 17 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language 3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy. C. CONSULTANT agrees that the bodily inJJury liability insurance herein provided for, shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the tern of this contract, CONSULTANT agrees to provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the tern of the contract, or for a period of not less than one (1)year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have,tenninate this contract upon occurrence of such event. (Option 2- For Contracts with a scope of services that will not require the Consultant or subconsultant to work ivithin the operating State or LOCAL AGENCYHighway Right of Way where there would be exposure to public traffic or construction Consultant operations) CONSULTANT is not required to show evidence of general comprehensive liability insurance. ARTICLE XXVI OWNERSHIP OF DATA A. Upon completion of all work under this contract, ownership and title to all reports, docu vents, plans, specifications, and estimates produce as part of this contract will automatically be vested in LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY. CONSULTANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. C. CONSULTANT is not liable for claims, liabilities, or losses arising out of or conmected with the modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by CONSULTANT under this contract; further, CONSULTANT is not liable for claims, liabilities, or losses arising out of or connected with any use by LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts). E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use,the work for government purposes. ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY's CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY's construction contractor relating to work perfonned by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Page 18 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this contract. C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims. ARTICLE XXVIII CONFIDENTIALITY OF DATA A. All financial, statistical,personal,technical,or other data and information relative to LOCAL AGENCY's operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL AGENCY's actions on the same, except to LOCAL AGENCY's staff, CONSULTANT's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be perfonned under this contract without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article. (For PS&E contracts add paragraph F, beloiv, to paragraphs A through E, above) F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity other than LOCAL AGENCY. ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXX EVALUATION OF CONSULTANT CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record. Page 19 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XXXI RETENTION OF FUNDS A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section. (Local agency to include either B, C, or D below; delete the other two) B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultants and subconsultants. C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly paid in fill to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law(49 CFR 26.29)requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants. D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within thirty(30)days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law(49 CFR 26.29)requires that any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants. Page 20 of 21 August 2016 Local Assistance Procedures Manual EXHIBIT 10-R A&E Sample Contract Language ARTICLE XXXII NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: CONSULTANT: (CONSULTANT) (NAME) Project Manager (ADDRESS) LOCAL AGENCY: (LOCAL AGENCY) (NAME) Contract Administrator (ADDRESS) ARTICLE XXXIII CONTRACT The two parties to this contract, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terns and conditions of this contract as evidenced by the signatures below. ARTICLE XXXIV SIGNATURES (Name of CONSULTANT) (Name of LOCAL AGENCY) (Signature) (Signature) (Name of Signer) (Name of Signer) Date: Page 21 of 21 August 2016 ... . . ....��.. . � � . �. .� Company Name Phone [ .. \ �o— , y3 AESCO, yc � 7l4 7 8JO & e§Ea2En/oee§?E yaborato§es 9E 58Z-6g7�OOO ConyerseConsdtanw 626-30-265 GeoconWest, Inc. 909-8942175 ext. 603 G G U GeotecEdc2, 6C 949-883±513 Harrington GeoteEhdE% En¢nee§n¢ inc 71 637-3093 Gtertek-PSI 7 14-48 8600 6 einfe 3er 949-27=466eR, 3139 Leighton consulting, Gc 949-5O-14J1eR, 8771 N Gyo & Moore 949-53-O7Oea. 2262 R#& Group 909-89-1751 Sm}mEmeQ Laboratories 714-38-133eR. 209 '5 yng Inc, 562-26 3355 G dan Engineering 71 978-ZOO PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Material Testing & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: AESCO, Inc. OVERALL RANKING: 1 out of 14 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Traffic Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 90 AESCO, Inc.—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done 24 25 Experience with Similar Kinds of Work 17.3 20 Staffing 12 15 Capability of Developing Innovative or Advanced Techniques 8 10 Familiarity with State and Federal Procedures 9.3 10 Financial Responsibility 10 10 Demonstrated Technical Ability 9.3 10 Total 90 100 II. DUE DILIGENCE REVIEW • Clients such as Orange County, City of Huntington Beach, City of Santa Ana, and City of Corona, to name a few AESCO, Inc.—Summary of Review • AESCO, Inc. has relevant and past experience with the city AESCO Inc.-Pricing • Low end from $5 each for Asphaltic Concrete Cores per inch after 6 inch in depth • High end to$375fTest for Drying Shrinkage Up to 28 Days PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Material Testing & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: Twining, Inc. OVERALL RANKING: 2 out of 14 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Traffic Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 88.3 Twining, Inca—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done 23.3 25 Experience with Similar Kinds of Work 16 20 Staffing 13 15 Capability of Developing Innovative or Advanced Techniques 9 10 Familiarity with State and Federal Procedures 8 10 Financial Responsibility 10 10 Demonstrated Technical Ability 9 10 Total 88-3 100 II. DUE DILIGENCE REVIEW • Clients such as City of Huntington Beach, City of Long Beach, and City of Santa Clarita, to name a few Twining, Inc.—Summary of Review • Twining, Inc. has experience with City of Huntington Beach in the past and has shown innovative and advanced material testing techniques. Twining, Inc.—Pricing • Low end from $10/Hr for Nuclear Gauge • High end to $6,572/Test for Superpave Mix Design, with Rubber(Excluding Aggregate Quality Tests) PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Material Testing & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: Leighton Consulting, Inc. OVERALL RANKING: 3 out of 14 SUBJECT MATTER EXPERTS/RATERS: 1, Contract Administrator 2. Senior Traffic Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 81 Leighton Consulting,Inc_—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done 22.7 25 Experience with Similar Kinds of Work 15 20 Staffing 13.7 15 Capability of Developing Innovative or Advanced Techniques 5.3 10 Familiarity with State and Federal Procedures 7.7 10 Financial Responsibility 10 10 Demonstrated Technical Ability 6.7 10 Total F 81 100 II. DUE DILIGENCE REVIEW • Clients such as City of Huntington Beach, Irvine Ranch Water District, and City of Newport Beach, to name a few Leighton Consulting,Inca=Summary of Review • Leighton Consulting staff has relevant experience for city's needs Leighton Consulting, Inc.—Pricing • Low end from $0.35/ft for inch Tubing (single) • High end to$2,100/Test for Compacted AC Resistance to Moist Damage AASHTO T283 I PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Material Testing & Engineering SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects. VENDOR: Vendor#4 OVERALL RANKING: 4 out of 14 SUBJECT MATTER EXPERTS/RATERS: 1. Contract Administrator 2. Senior Traffic Engineer 3. Contract Administrator I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 76.3 Vendor#4—Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Understanding of the Work to be Done 22 25 Experience with Similar Kinds of Work 10.7 20 Staffing 12.7 15 Capability of Developing Innovative or Advanced Techniques 6 10 Familiarity with State and Federal Procedures 8.7 10 Financial Responsibility 10 10 Demonstrated Technical Ability 6.3 10 Total 76.3 100 II. DUE DILIGENCE REVIEW • Clients such as Orange County Public Works, County of Los Angeles, and City of Long Beach Vendor#4—Summary of Review • Vendor#4 has experienced staffing and has worked on many govern ment-related projects Vendor#4—Pricing • Low end from $10/Test for Sample Disposal • High end to $7,600/Test for Mix Design, Hveem Method WRAP City of Huntington Beach - 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • Nww.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk November 28, 2018 Twining, Inc. ATTN: Edward M. Twining, Jr. 2883 East Spring Street, Suite 300 Long Beach, CA 90806 Dear Mr. Twining: Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and Twining, Inc. for On Call Material Testing and Engineering Services" approved by the Huntington Beach City Council on November 19, 2018. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand