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Ninyo & Moore Geotechnical & Environmental Sciences - 2021-12-21 (2)
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NINYO & MOORE FOR ON CALL MATERIAL TESTING AND ENGINEERING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City," and NINYO & MOORE, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated December 21, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and Ninyo &Moore for On Call Medical Testing and Engineering Services"which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to extend the term of the Agreement., NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until December 20, 2025. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on e{ e/0""ham, L 1 1 , 2024. 24-15578/361658 1 NINYO & MOORE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: /4.4#1 print name ITS: (circle one) Chairman/PresidentNice President Mayor AND By: Ci Clerk print name INITIATED AND APPROVED. ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works APPROVED A FORM: Ci Attorney COUNTERPART 24-15578/361658 2 NINYO&MOORE CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California By: Avram Ninyo,President print name ITS: (circle one)Chairman/PresidentNice President Mayor AND By: "`v(°' � City Clerk Elaine O.Autos.Assistant Secretary print name INITIATED AND APPROVED. ' ITS: (circle one)Secretary/Chief Financial Officer/Asst.Secretary-Treasurer Director of Public Works APPROVED AS TO FORM: City Attorney • • COUNTERPART • 24-15578/361658 2 • • • • . Vel'IC-4- ICORt) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) . 12/16/2024 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(les)must have ADDITIONAL INSURED provisions or 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 Ileu of such endorsement(s). PRODUCER CONTACT NAME: Stefanie Fuller AssuredPartners Design Professionals Insurance Services,LLC PHONE I FAX 3697 Mt.Diablo Blvd.,Suite 230 tart.Ne.ExD: (NC.No): Lafayette CA 94549 ADDREEss: DesignProCerts@AssuredPartners.com • INSURER(S)AFFORDING COVERAGE NAIC# _ LIcense#:6003745 INSURER A:Travelers Property Casualty Company of America 25674 INSURED NINY&MO-01 INSURERS:Pacific Insurance Company,Limited 10046 Ninyo&Moore Geotechnical& Environmental Sciences Consultants INSURER C: 475 Goddard,Suite 200 INSURER D: _ _ Irvine CA 92618 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:432275724 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 TYPE OF INSURANCE Ay s Iyjyo POLICY NUMBER IMMIODYIYYYY) (MMIDDI EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6308986R247 10/3/2024 10/3/2025 EACH OCCURRENCE $1,000,000 GE TO RENTED CLAIMS-MADE n OCCUR PR/REM PREMISES Ea occurrence) ' $1,000,000 X Contractual Ltab MED EXP(Any one person) $10,000 X OCP I XCU PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY El ZS. n LOC • PRODUCTS-COMP/OP AGG 52,000,000 - OTHER: $ A AUTOMOBILE LIABILITY Y Y 8107N033091 10/3/2024 10/3/2025 COMBINEDSINGLELIMIT $1,000,000 {Ee seddentl X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ _AUTOS ONLY —AUTOS ONLY (Per accident) $ A X UMBRELLALIAB X OCCUR Y Y CUP9J428527 10/3/2024 10/3/2026 EACH OCCURRENCE _ 510,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $10,000,000 _ DED RETENTIONS $ A WORKERS COMPENSATION Y UB6P428399 5/1/2024 5/1/2025 X AND EMPLOYERS'LIABILITY STATUTE ERH- ANYPROPRIETORIPARTNERIEXECUTIVE Yi /Ni N IA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $1,000,000 Ir yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 B Professional Lleb.& Y 720H068190524 10/3/2024 10/3/2025 Per Claim 5,000,000 Contractors Pollution Llab. Y Y Annual Aggregate 5,000,000 Claims-Made DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may bo attached II more apace I.rrgt4 e n pclp 11x The following policies are included In the underlying schedule of Insurance for umbrella/excess liability:Geriefal'E abili �t l.iblAliity7Erhp y r' bility. N&M Project Number/Name: #212171000/City of Huntington Beach/On-Call Materials Testing and Engineering Services-- MICHAEL E. GATES CITY ATTORNEY •:,F HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation 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: David Fait 2000 Main Street 'AUTHORIZED RE RESENTATIVE City Hall 1st Floor Huntington Beach,CA 92646 i ' . ©1888-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6308986R247 ISSUED DATE: 12/16/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury"or"property damage"included in the"products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when,the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s)or Organization(s)section of this Schedule applies. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of dude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the"products-completed opera- respect to liability for"bodily injury" or"property dam- tions hazard". age"caused, in whole or in part, by"your work"at the CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6308986R247 ISSUED DATE: 12/16/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s)or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury"or"property damage"occurs or the"personal injury"or"advertising injury"offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s)or Organization(s)section of this Schedule applies. (Information required to complete this Schedule, if not shown above,.will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to in- This insurance does not apply to"bodily injury" or dude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed,after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part,by: ment furnished in connection with such work, 1. Your acts or omissions;or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for plated; or the additional insured(s) at the location(s) desig- 2. That portion of "your work" out of which the Hated above. injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. • Policy#6308986R247 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing - a. The statements in the Declarations are If all of the other Insurance permits contribution accurate and complete; by equal shares,we will follow this method also. b. Those statements are based upon Under this approach each Insurer contributes representations you made to us;and equal amounts until It has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other Insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute _ upon in issuing this policy will not prejudice your by limits. Under this method, each insurers rights under this insurance. However,this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of Insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all Insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations.. Required By Written Contract >7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this, a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named insured;and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit"is brought. (1) The"bodily injury'or"property damage"for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs;and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us.The insured must to the signing of that contract or do nothing after loss to impair them.At our request, subsequent agreementh. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part,we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only.At not less than 30 days before the expiration date. the close of each audit period we will compute if notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured.The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill.If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named insured. supporters.For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication;and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy,you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ®2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. Policy# 6308986R247 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational , that is available to any of your "employees" therapy assistant, physical therapist or for"bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees"or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS—INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III—LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 6. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person,and will be the higher of: Paragraph 6. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION—PROFESSIONAL LIABILITY services" to any one person will be deemed The following is added to Paragraph 4.b., to be one"occurrence". Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of > M. BLANKET WAIVER OF SUBROGATION — pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT 5. The following is added to the DEFINITIONS Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages;or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that Is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 0219 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance services Office,Inc.with Its permission. • POLICY NUMBER:8107N033091 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties,and what is and Is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV• LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "Insured" under the Who Is An Insured provision contained An Insured, of SECTION 11—COVERED AUTOS in Section LIABILITY COVERAGE: II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II —Coy- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement In an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. :BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. In A.1., 2. The following replaces Paragraph b. in B,5., Who Is An Insured, of SECTION II—COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be coy- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow;and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured 1s an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2016 The Travelers indemnity Company.All tights reserved. Page 1 of 4 includes copyrighted material of Insurance Services Office.Ina,with Its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or"suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered"auto". (I) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tleThe followingis added to Paragraph A.1.,Who Is any such claim or "suit" and keep us advised of all proceedings and ac- An Insured, of SECTION II-COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- (II) Neither you nor any other Involved ing a covered "auto"you don't own, hire or borrow insured will make any settlement without our consent. in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (Ill)We may, at our discretion, participate LIMITS In defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II —COVERED AUTOS LIABIL- (Iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "Insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "In- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS.LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) In Para- graph C., , Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II - COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to such awe (5) Anywhere in the world, except any country or ha ee used up tts hen applicable endswIen immit of jurisdiction while any trade sanction, em- insurance In payments for damages, bargo. or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or Jurisdiction, for Coy- and collectible other insurance available • ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis, without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto"you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, Its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Once,inc.with Its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the'minimum limits required by theft of your covered"auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- slons, of SECTION Ill — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized Insurer outside the more airbags in a covered "auto"you own that in- United States of America, Its territories flate due to a cause other than a cause of"loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a, If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty;and The following is added to Paragraph D., Deductl- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a.. of H. HIRED AUTO PHYSICAL DAMAGE —LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss° is known TION ill—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability corn- ' I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization);or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: tice of the"accident"or"loss". We will pay up to $50 per day to a maximum of .:M BLANKET WAIVER OF SUBROGATION., $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curved by you because of the total theft of a coy- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Coven S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Property against any person or organization to the ex- PersonalWe will payupto $400 for "loss" to wearinga - tent required of you by a written contract P signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident"or"loss" (1) Owned by an"insured";and arises out of operations contemplated by CA T3 53 0215 ®2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. • COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in. any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col. The following Is added to Paragraph 13.2„ Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 0 2015 The Travelers Indemnity Compa ny.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office.Inc.with its permission. POLICY NUMBER: 8107N033091 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph c. In A.1., Insurance of SECTION IV — BUSINESS AUTO Who Is An Insured, of SECTION Ii—COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d, of this part 5.Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement, that is signed by you before the applicable other insurance under which an "bodily injury" or "property damage" occurs and additional Ensured person or organization is a that is in effect during the policy period, to name named insured when a written contract or as an additional insured for Covered Autos agreement with you, that Is signed by you before Liability Coverage, but only for damages to which the "bodily injury" or "property damage" occurs this insurance applies and only to the extent of and that is in effect during the policy period, that person's or organization's liability for the requires this insurance to be primary and non- conduct of another"insured". contributory. CA T4 99 0216 ®201B The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material or Insurance Services Office,inc.with Its permission. � 1116. WORKERS COMPENSATION TRAVELERS J AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76( A)— POLICY NUMBER: UB6P428399 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by Travelers Property Casualty Company of America DATE OF ISSUE: 12/16/2024 Page 1 of 1 ENDORSEMENT NO:4 This endorsements effective 12:01 am, 10/03/2024 forms part of policy number 72 OH 0681905-24 issued to: NINYO&MOORE GEOTECHNICAL&ENVIRONMENTAL SCIENCES CONSULTANTS by: PACIFIC INSURANCE COMPANY,LTD • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTICE ENDORSEMENT This endorsement modifies insurance provided under: THE HARTFORD PREMIER CHOICE PROFESSIONAL LIABILITY INSURANCE POLICYSM DESIGN PROFESSIONALS LIABILITY COVERAGE PART It is agreed that: The Insurer will provide 30 day's written notice prior to the effective date of: 30 Cancellation of the policy. 30 Cancellation of the policy for any reason other than nonpayment of premium. 30 Nonrenewal of the policy. 30 Reduction of policy limits by endorsement. 30 Material change in coverage by endorsement. The Insurer will provide this written notice using: Certified mail US U. S.mail MAIL Other The Insurer will provide this written notice to the persons or entities specified by the Named Entity provided that the Insurer receives a written request from the Named Entity listing the name and address of each of the entities designated to receive such notice. Should the policy be cancelled due to nonpayment of premium, the Insurer will provide 10 days written notice to the specified persons or entities. The Named Entity's failure to provide the Insurer such list, and/or the Insurer's failure to send notice will not amend the cancellation date of the policy. All other terms and conditions remain unchanged. Ross Fisher, President AE 00 H015 00 0321 ©2021,The Hartford Page 1 of 1 • POLICY NUMBER: 8107N033091 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 30 PERSON OR ORGANIZATION: SEE CA T8 01 ADDRESS: SEE CA T8 01 SAN DIEGO CA 92123 PROVISIONS If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 05 19 ©2019 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 COMMERCIAL AUTO POLICY ENDORSEMENT- CA T8 01 10 23 POLICY NUMBER: 8107N033091 **THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** IL T4 05 - DESIGNATED ENTITY IT IS AGREED THAT: PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THATNOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OFTHE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUESTFROM YOU TO US. Page 1 of 1 POLICY NUMBER: 6308986R247 GENERAL PURPOSE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US (IL T4 05 03 11) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY: CONTINUATION OF FORM IL T4 05 PERSON OR ORGANIZATION SCHEDULE CANCELLATION: NUMBER OF DAYS NOTICE: 30 "ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAMED AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY, AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE." ADDRESS: "THE ADDRESS FOR THE PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US." IL TB 03 Page 1 POLICY NUMBER: 6308986R247 GENERAL PURPOSE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US (IL T4 00) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY: CONTINUATION OF FORM IL T4 05 PERSON OR ORGANIZATION SCHEDULE CANCELLATION: NUMBER OF DAYS NOTICE: 30 "ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF-THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAMED AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY, AND 2, WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE." ADDRESS: "THE ADDRESS FOR THE PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US." IL TB 03 Page 2 TRAVELERS J WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 06 R4(00)- 002 POLICY NUMBER: UB6P428399 NOTICE OF CANCELLATION OR NONRENEWAL TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX—CONDITIONS: Notice Of Cancellation Or Nonrenewal To Designated Persons Or Organizations If we cancel or non-renew this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation or non-renewal to each person or organization designated in the Schedule below, We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation or nonrenewal is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation or nonrenewal to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation or nonrenewal. SCHEDULE Name and Address of Designated Persons or Organizations: Number of Days Notice: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF 30 THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. All other terms and conditions of this policy remain unchanged. This endorsement changes theipolicy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by ST ASSIGN: Page 1 ofa. ©2013 The Travelers Indemnity Company.All rights reserved. 2000 Main street, Huntington Beach,CA City of Huntington Beach 92648 92648 @- - &4�wvo) -4-6) File #: 21-845 MEETING DATE: 12/21/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Approve and authorize execution of Professional Services Contracts for On-Call Materials Testing and Engineering Services with AESCO. Inc., GMU Geotechnical, Inc., Leighton Consulting, Inc., Ninyo & Moore Geotechnical & Environmental Sciences Consultants, and Twining, Inc. Statement of Issue: The Public Works Department requires professional materials testing, inspection, and engineering services on an on-call or as needed basis to support staff for construction of capital improvement projects. Financial Impact: The City's adopted FY 2021/22 Capital Improvement Program (CIP) Budget totals $39.3 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 five (5) recommended materials testing contracts, totaling $3.0 million, will be funded within each project's individual CIP budget, as needed. As such, no additional funding is required by this action. Recommended Action: 36 A) Approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and AESCO, Inc., for On-Call Material Testing and Engineering Services;" and, ;( B) Approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and GMU Geotechnical, Inc. for On-Call Material Testing and Engineering Services;" and, E C) Approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and Leighton Consulting, Inc., for On-Call Material Testing and Engineering Services"; and, City of Huntington Beach Page 1 of 3 Pnnted on 12)152021 powered}. Legstar'" File #: 21-845 MEETING DATE: 12/21/2021 D) Approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and Ninyo & Moore for On-Call Material Testing and Engineering Services;" and, E) Approve and authorize the Mayor and City Clerk to execute $600,000 "Professional Services Contract Between the City of Huntington Beach and Twining, Inc., for On-Call Material Testing and Engineering Services." Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Construction of budgeted Capital Projects could be delayed until new contracts are approved. Analysis: On July 12. 2021, the City advertised a Request for Proposal ("RFP") for On-Call Construction Material Testing Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Twenty (20) proposals were received for On-Call Construction Material Testing 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. Each firm stated their engineering category of expertise with their proposal. Proposals were then evaluated and ranked by a review board established by the Public Works Department. The top five (5) firms were selected in each category to increase opportunity for competitive proposals for future projects from qualified on-call consultants. The five (5) contracts recommended in this request for council action (RCA) are for support staff for the construction of a wide variety of non-State/Federally-funded 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 contract services are necessary. The City's Capital Improvement Program ("CIP") in Fiscal Year 2021/22 totals $39.3 million in new projects. Typical design and construction support cost from the use of consultants on a CIP project can vary between ten to twenty percent (10-20%) of total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual construction consultant costs would be around $3 million to the City for total CIP projects or approximately $9 million over the next three (3) years. Professional construction materials testing and engineering services are typically required for most CIP projects, including streets and transportation, water, sewer, stormwater, parks and beaches, and facility improvement projects. Therefore, these consultants were selected to meet projected workload over the next three years with a total contract limit of$3 million. The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: City of Huntington Beach Page 2 of 3 Pnnted on 12/1572021 powe,ed9+}Leg.wr^ File #: 21-845 MEETING DATE: 12/21/2021 Not applicable Strategic Plan Goal: Infrastructure & Parks Attachmen [( 1. Professional Services Contract between the City of Huntington Beach and AESCO, Inc., for On-Call Materials Testing and Engineering Services. 2. Professional Services Contract between the City of Huntington Beach and GMU Geotechnical, Inc., for On-Call Materials Testing and Engineering Services. 3. Professional Services Contract between the City of Huntington Beach and Leighton Consulting, Inc., for On-Call Materials Testing and Engineering Services. 4. Professional Services Contract between the City of Huntington Beach and Ninyo & Moore for On-Call Materials Testing and Engineering Services. 5. Professional Services Contract between the City of Huntington Beach and Twining, Inc., for On-Call Materials Testing and Engineering Services. 6. Professional Services Award Analysis City of Huntington Beach Page 3 of 3 Printed on 12/15/2021 ooweretl85 Legistart. PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NINYO & MOORE 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 NINYO & MOORE., 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: 1. 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 Garreth Saiki, 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. 21-10615/270331 1 of 11 5/19-204082 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on December 21 , 20 21 (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 (3) three years from the Commencement Date. The time for perfornance 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 Six Hundred Thousand Dollars ($600,000.00). 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." 21-106151270331 2 of 11 5/19-204082 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, (naps, 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 A. 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. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 21-10615270331 3 of 11 5/19-204082 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a 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 ($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 21-10615270331 4 of 11 5119-204082 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: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and 21-10615/270331 5 of 11 5/19-204082 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 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 21-10615/270331 6 of 11 5119-204082 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 CONSUL:TANT's agent (as designated in Section 1 hereinabove) or to CII-Y as the situation shall warrant, or by enclosing the same in a scaled 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 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-retum receipt requested: 2 1-1061512 70331 7 of 11 5119-204082 TO CITY: TO CONSULTANT: City of Huntington Beach NinyoR Moore ATTN: Joseph Dale ATTN: Garreth Saiki 2000 Main Street 5710 Ruffin Road Huntington Beach, CA 92648 San Diego, CA 82123 g2123 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 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 21-10615270331 8 of 11 5/19-204082 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 Ciry Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 21-10615270331 9 of 11 5/19-204082 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 attorneyyIs 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 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 21-10615/270331 10 of 11 V19-204082 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. CONSULTANT, CITY OF HUNTINGTON BEACH,a municipal corporation of the State of NINYO &MOORE Calif • By �4 (.Q print name City Clerk i0 ITS: (circle one)chainmanijresidrn ice President INITIA AN PPROV AND _ By: tractor o Public Works �1.�/i4 E O-AUTlif print name ITS: (circle one)Secretary/Chief Financial officXiEe srt, cr Tremrer VIEWE ND A ROVE c City Manager APPROVED ORM: City Attorney fk 21-106151270331 11 of 11 5/19-204082 Schedule of Fees Hourly Charges for Personnel Professional Staff Principal Engineer;Geologist/Environmental Scientist/Certified Industrial Hygienist $ 210 Senior EngineerrGeologist/Environmental Scientist $ 200 Senior Protect Engineer/Geologist/Environmental Scientist $ 195 Protect Engineer/Geologist/Env,ronmental Scientist $ 185 Senior Staff EngineerrGeologist/Environmental Scientist $ 170 Staff Engineer/GeologisVEnvironmental Scientist $ 155 GIS Analyst $ 130 Technical Illustrator/CAD Operator $ 110 Field Staff Certified Asbestos/Lead Technician $ 195 Field Operations Manager $ 130 Nondestructive Examination Technician (UT. MT. LP) $ 125 Supervisory Technician $ 120 Special Inspector(Concrete. Masonry. Structural Steel.Welding, and Fireproofing) $ 115 Senior Technician $ 110 TeChnioa^ $ 110 Administrative Staff Information Speaalist $ 90 GeotechnicaVEnvironmentaULaboratory Assistant $ 95 Data Processor 75 Other Charges Concrete Conng Equipment(includes technician) S 190/hr Anchor Load Test Equipment(includes technician) S 190/hr GPR Equipment S 180/hr Inclinometer S 100/hr Hand Auger Equipment S 80/hr Rebar Locator(Pachometer) S 25/hr Vapor Emission Kit $ 651" Nuclear Density Gauge S 12/hr X-Ray Fluorescence $ 70/hr PID/FID $ 25/hr Air Sampling Pump S 10/hr Field Vehicle S 15/hr Expert Witness Testimony S 450'hr Direct Expenses Cost plus 15% Special equipment charges wall be provided upon request For field and laboratory technicians and special inspectors.overtime rates at 1 5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day. all day Sunday and on holidays Field technician and special inspection hours are charged at a 4-hour minimum,and 8-hour minimum for hours exceeding 4 hours Invoices are payable upon receipt A service charge of 1 5 percent per month may be charged on accounts not paid within 30 days Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project. as applicable The terms and conditions are included in Ninyo 8 Moore Work Authorization and Agreement form Ninyo611oon I GtildtitoOl lon BMrh-CoWidm►YrYl Toni h 0=71 AMM17.I021 CA14 TestingSchedule of Fees for Laboratory SOILS CONCRETE Aberberg ,m ts.C 4318 C 1204 5 1/„ „cmpresvon jests.II Cylinder.C 39 S 35 California Bearing Raba(CBR),D 111 5 550 Concrete Mx Design Review,Job Spec S 300 Chloride and Sulfate Content CT 4171t CT 422 $ 175 Concrete Mx Design,per Trial Batch,6 cylinder,ACI $ 850 Consolidation,D 2435,CT 219 S 300 Concrete Cores,Compassion(excludes sampling),C 42 S 120 Consolidation.Hydro-Collapse only.D 2435 S 150 Drying Shrinkage,C 157 $ 400 Consolidation-Time Rate,D 2435,CT 219 $ 200 Flexural Test C 78 $ 85 Direct Shear-Remoided,D 3080 S 350 Flexural Test C 293 $ 85 Direct Shear-Undisturbed,D 30BO $ 300 Flexural Test CT 523 $ 95 Durability Index,CT 229 $ 175 GundelShotcrele,Panels.3 cut cores per panel and test ACI $ 275 Expansion Index,D 4829,IBC 18-3 $ 190 Lightweight Concrete Fall,Compression,C 495 $ 80 Expansion Potential(MI A),D 4546 S 170 Petrographic Analyss,C 856 $2,000 Geoti Tensile and Elongabon Test D 4632 $ 200 Restrained Expansion of Shrinkage Compensabon $ 450 Hydraulic Conductivity,D 5084 S 350 Spilling Tensile Strength,C 496 $ 100 Hydrometer Analysis.D 6913.CT 203 $ 220 3x6 Grout(CLSM).C 39 $ 55 Moisture.Ash,8 Organic MI of PeabOrgenic Soils S 120 2x2x2 Non-Shenk Grout C 109 $ 55 Moisture Only,D 2216.CT 226 S 35 Moisture and Density,D 2937 $ 45 ASPHALT Permeability,CH.D 2434,CT 220 S 300 Air Voids,T 269 $ 85 pH and Ressbvily,CT 643 $ 175 Asphalt Ma Design,Cattails(ind.Aggregate Quality) $4,500 Proctor Densty D 1557,D 698,CT 216,AASHTO T180 $ 220 Asphalt Mu Design Rewew.Job Spec $ 180 Proctor Deristy with Rock Correction D 1557 $ 340 Dust Proportioning.CT LPA S 85 R-slue,D 2844.CT 301 $ 375 Extraction.%Asphalt including Gradation,D 2172,CT 382 $ 250 Said Equivalent D 2419,CT 217 S 125 Extraction.%Asphalt without Gradation.D 2172,CT 382 $ 150 Sieve Analysis.D 6913,CT 202 $ 145 Film Strapping,CT 3G2 $ 120 Save Anahyss.200 Wash,D 1140,CT 202 $ 1 DO Hueem Stability and Una Weight D 1560.T 246.CT 366 $ 225 Specific Gravity,D 854 $ 125 Marshall Stability,Flow and Una Weight T 245 $ 240 Thermal Rrsis"(ASTM 5334,IEEE 442) $ 925 Maximum Theoretical Unit Weight 0 2041.CT 309 $ 150 Triaxal Shear,C.D.D 4767.T 297 $ 550 Moisture Content CT 370 $ 95 Tnaxial Shear,C.U.,wlpore pressure,D 4767,T 2297 per pt $ 450 Moisture Susceptibility and Tensile Stress Ratio.T 238,CT 371 $1,000 Trexal Shear.C U.,w/o pore pressium 0 4767,T 2297 per pt S 350 Slurry Wet Track Abrasion.D 3910 $ 150 Tnaxal Shear,U.U..D 2850 $ 250 Superpave.Asphalt Ma Verification(ind.Aggregate Quality) $4,900 Unconfined Compression.D 2166,T 208 S 180 Supepave,Gyraory Una Wt.,T 312 $ 100 Superpar",Hamburg Wheel.20,D00 passes,T 324 $1.000 MASONRY Una Weight sample a core,D 2726,CT 308 $ 100 Brick Absorption,24-hour wbmasron,5-hr facing,7-day.C 67 $ 70 Voids in Mineral Aggregate.(VMA)CT LP-2 $ 90 Bride Cornpression Test C 67 S 55 Voids filled with Asphalt(VFA)CT LP-3 5 90 Brick Efflorescence,C 67 $ 55 Wax Density,0 1188 S 140 Back Modulus of Rupture.C 67 $ 50 Brick Moisture as received,C 67 $ 45 AGGREGATES Bride Satureton Coefficient C 57 $ 60 Gay Lumps and Friable Particles.C 142 $ 180 Concrete Block Canpressan Test 8x8xl6,C 140 S 70 Cleanness Value.CT 227 $ 180 Concrete Block Conformance Package,C 90 $ 500 Crushed Particles,CT 205 $ 175 Concrete Block Linear Shrinkage.C 426 S 200 Durability.Coarse or Fine.CT 229 5 205 Concrete Block Una Weight and Absapbon,C 140 $ 70 Fine Aggregate Angularity,ASTM C 1252,T 304,CT 234 $ 180 Cores.Compression or Shear Bond,CA Gode $ 70 Flat and Elongated Particle,D 4791 $ 220 Masonry Grout 3x3x6 prism compression,C 39 $ 45 Lightweight Parades,C 123 $ 180 Masonry Mortar.2x4 cylinder oompresson,C 109 5 35 Los Angeles Abrasion.C 131 or C 535 $ 200 Masonry Prism,hall size,compression.C 1019 $ 120 Materal Firer than No.200 Sieve by Washing,C 117 $ 90 Masonry Prism,Ful size,compression.C 1019 $ 200 Organic Impurities.C 40 $ 90 Potential Alkat Reactivity,Mortar Bar Method,Coarse,C 1260 $1,250 REINFORCING AND STRUCTURAL STEEL Potenbal Alkali Reactivity.Mortar Bar Method,Fine,C 1260 $ 950 Chermcel Analysis.A 36,A 615 5 135 Potential Reactivity of Aggregate(Chemical Method),C 289 $ 475 Fireproofing Density Test UBC 7-6 $ 90 Sand Equraalent.T 176.CT 217 $ 125 Hardness Test,Rockwell.A 370 S 80 Sieve Analysis,Coarse Aggregate,T 27,C 136 $ 120 High Strength Bolt Nut 8 Washer Conformance, Save Analysis,Fine Aggregate(including wash),T 27,C 136 $ 145 per assembly,A 325 $ 150 Sodium Sulfate Soundness,C 88 S 450 Mechanically Spliced Reinforcing Tensile Test ACI $ 175 Specific Gravity and Absorption,Ccerse,C 127,CT 206 S 115 Prestress Strand(7 wire).A 416 $ 170 Specific Gravity and Absorption.Fine.C 128,CT 207 $ 175 Reinforcing Tousle or Bend up to No.11,A 615 8 A 706 $ 75 Structural Steel Tensile Test Up t0 200,000 Ibs.,A 370 $ 90 ROOFING Welded Reinforcing Tousle Test Up to No 11 bars,ACI S 80 Roofing Tile Absapbon.(set of 5).C 67 $ 250 Roofing Tile Strength Test(set of 5).C 67 $ 250 Special preparation of standard test specimens will be charged at the technician s hourly rate. Ninyo 8 Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo 8 Moore 12021 Laboratory Testing i 1 AndersonJennifer Senior Buyer Co of Huntington 11 Main Street Huntington • 92&48 - Aualifications to Provide 10 Proposal No PO4 03337 ��: , :-_ := - On-Call Construction Material i Testing & Inspection Services + City of Huntington Beach G��EBR AT ANC Table of Contents A. COVER LETTER 1 B. VENDOR APPLICATION FORM NIA C. PRE-QUALIFIED FORM (EXHIBIT A) N/A D. SERVICE CATEGORY 3 E. RATE SHEET 15 APPENDIX A Resumes of Key Personnel . 1 J. Ninyo 6 Moon I City of Huntington Beam Construction Mateeal Testing 8Inspect"SmNces 04-03337 August 17,20:' -. CJVER L=i"E� A. COVER LETTER August 17, 2021 Proposal No. 04-03337 Ms. Jennifer Anderson Senior Buyer City of Huntington Beach 200 Main Street Huntington Beach, California 92648 Subject: Response to Request for Proposal for On-Call Construction Materials Testing & Inspection Services City of Huntington Beach Dear Ms.Anderson: Ninyo & Moore is pleased to submit this proposal to provide construction material testing and inspection services to the City of Huntington Beach (City) in response to the City's Request for Proposals (RFP) dated July 2021. We fully understand the City's needs and desires for a qualified consultant that can respond quickly and effectively. We are ready to meet the City's requirements by making available dedicated professionals who have the requisite experience and resources to meet your project needs. Some of the advantages Ninyo & Moore can provide to the City of Huntington Beach include: RELEVANT EXPERIENCE — Ninyo & Moore is very familiar with the City's policies and procedures having provided materials testing services on various Public Works Construction projects. Ninyo & Moore also has a proven track record for providing on-call similar materials testing services to many other cities, counties, and other public agencies. including the cities of Fountain Valley, Newport Beach, Irvine, Rancho Santa Margarita, Mission Viejo, Brea, Anaheim, Los Angeles, Long Beach, Diamond Bar, La Habra, Riverside, Fontana, Rancho Cucamonga. and Moreno Valley. counties of Orange, Los Angeles, Riverside, and San Bernardino; the Los Angeles Unified School District, Riverside County Transportation Commission, John Wayne Airport Authority, Orange County Sanitation District, and many other agencies and municipalities. Ninyo&Moore is experienced with the coordination and administration of on-call contracts and can effectively provide responsive and comprehensive services to the City. READY TO START WORK IMMEDIATELY—Our staff understands the technical and administrative requirements of on- call contracts as well as the geotechnical conditions throughout the region. In addition,the resources of Ninyo&Moore, one of the largest geotechnical consulting firms in southern Califomia employing 500 professionals and possessing five 475 Goddard, Sude 200 1 Irvine,California 92618 1 p. 949.753.7070 I www.ninyoondmoofe.com A COPE ft HTTER fully-equipped, in-house soil and materials testing laboratories in Califomia (three in southern Califomia), has the manpower and equipment necessary to provide the required services for this contract and we are ready to start work immediately. This contract will be managed by our local Irvine office. EXPERIENCED PROFESSIONALS -A project team composed of highly experienced and California licensed geotechnical engineers, certified engineering geologists, civil engineers, geologists, hydrogeologists, multiple certified construction inspectors, and Caltrans certified field and laboratory technicians that are available for this contract. CERTIFIED LABORATORIES AND EQUIPMENT - Our laboratories have been certified/accredited by various agencies including the City of Los Angeles, Caltrans, Division of the State Architect(DSA),American Association of State Highway and Transportation Officials (AASHTO), Cement and Concrete Reference Laboratory(CCRL), and many other public agencies. Mr. Garreth Saiki, Principal Engineer for Ninyo& Moore's Irvine office, and has more than 33 years of experience in providing geotechnical and materials testing services. Mr. Saiki will serve as the Management Contact/Principal Engineer for this contract. He can be reached by telephone at(949)753-7070.ext. 12231 e-mail gsaiki@ninyoandmoore.com,and fax. (949) 753-7071. Mr. Saiki is authorized to negotiate with the City of Huntington Beach on behalf of Ninyo& Moore and is seated in the Irvine office located at 475 Goddard, Suite 200, Irvine. Califomia 92618. We emphasize that this contract is of great importance to us. Ninyo & Moore does not have any exceptions to or deviations from the requirements of this project. We are fully prepared to make every possible commitment needed for the successful and timely completion of the project. We feel that our strongest asset is our satisfied clients and encourage the City to contact our references for our performance on their contracts. Your favorable consideration of this proposal is appreciated, and we look forward to being of service to the City of Huntington Beach. Respectfully submitted, NINYO&MOORE ,,,� //J L4 Garreth Saiki, PE, GE Management Contact/Principal Engineer ARIGMSlemc Ninyo&Moon i City of Huntirngion Beam Construction Matenai Testing&insperom Seances 1 04-033371 august 17,2021 2 B. VENDOR APPLICATION FORM REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: ❑ NEW ® CURRENT VENDOR Legal Contractual Name of Corporation: Ninyo&Moore Geotechnical& Environmental Sciences Consultants Contact Person for Agreement: _Garreth Saiki Corporate Mailing Address: "0 Ruffin R*W City,State and Zip Code: San Diego,California 92123_ E-Mail Address:-gsaiki"rtyoandmoorc.com Phone: (949)753-07070 cxt 12231 Fax: (9491753 7071 Contact Person for Proposals: Garreth Saki Title: __ E-Mail Address: p ikjgninyoaodMooM-oom Business Telephone: 001753-07070 cn 12231 Business Fax: (949)753-7071 Is your business:(check one) ❑ NONPROFIT CORPORATION ® FOR PROFIT CORPORATION Is your business:(check one) ® CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ UNINCORPORATED ASSOCIATION I of_2 MnP i Moon I Gty of Hunbngron Beads Construction Mak no Testing d inspection SenrKes 1 04-03337 1 A gusl 17,2021 NIA B.Vvft Apphmbw Fa Names&Titles of Corporate Board Members (Also list Names& Titles of persons with written authorization/resolution to sign contracts) Names Title Phone Avram Nino -ft=dcnt _ 95( i)5761000 ext 11202 Elaine Autus -CWoratc Secrctary _&1111764M=U241 Gareth Sailti Princi Engineer (949)753-7070 ext 12231 Federal Tax Identification Number: 1a-0zaoa?a City of Huntington Beach Business License Number: Ij}j (If none,you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: December 31,2021 2 of Ninyo a Moore I City of Nuntngton Beach Consoocom Matenai Tesorg&inspecom Se 1 04-033371 August 17,2021 N/A C.PM-QUALIFIED FORM(EXHIBIT A) C . PRE-QUALIFIED FORM (EXHIBIT A) PRE-QUALIFICATION FORM ON-CALI,MATERIAL TESTING&INSPECTION SERVICES circle A. Material Testing& Inspection ti GMS(Initial)Consultant is willing to execute the Agreement as drafted(See Appendix 11). GMS(Initial)Consultant is able to provide the insurance as required(See Appendix Q. Finn Name: Ninyo&Moore Geutechmwl&.Environmental Sciences Consultants Firm Address: 475 Goddard,Suite 200,Irvine,California 92619 Signature: 4 Lk. Date: August 17.2021 Ninyo&Mtoore I City of Hunbngtm Beach-Cwsauchm Material TesEng&Inspectim Semces 1 04-033371 Augusl 17,2021 NIA D SERVICE CATEGORY D, SERVICE CATEGORY FIRM QUALIFICATIONS Ninyo&Moore Geotechnical and Environmental Sciences Consultants. a California Corporation,was established in 1986 to provide consulting services in geotechnical engineering, construction inspection and testing, engineering geology, hydrogeology, hazardous waste remediation and environmental assessment. Since our inception, we y have steadily grown to 500 professionals in 15 offices throughout the southwestern United States. The experience of Ninyo & Moore's geotechnical staff encompasses projects throughout the southwestern United States, including evaluations for roads, highways, storm drains, pipelines, treatment plants, power plants, bridges, municipal and commercial structures, educational medical and recreational facilities, tunnels, tanks, reservoirs, dams, waste-to-energy facilities, transmission towers, harbors and offshore structures, railroads, airports, low- and high-rise structures, landfills, and other public and private works. Our environmental staff has diverse experience in environmental assessments. water quality evaluations, environmental audits, regulatory compliance studies, water resources development, soil and groundwater contamination studies, and site remediation. Ninyo & Moore has three fully equipped. certified soils and materials testing laboratory facilities in southern California supervised by registered engineers. Our laboratories are certified by the American Association of State Highway and Transportation Officials(AASHTO),the Cement and Concrete Reference Laboratory(CCRL), California Department of Transportation (Caltrans), DSA, the City of Los Angeles, and many other agencies. Our laboratories are equipped with the necessary testing equipment required for the proposed contract The quality assurance manual for our laboratories assures that laboratory testing is documented and efficiently performed in accordance with the applicable testing standards. Our testing equipment is calibrated by independent, third-party calibration companies and Is re-certified by the various agencies within their required time limitations. In addition to our many certifications, our laboratories participate in soil, asphalt, and concrete proficiency sampling programs. including those administered by the AASHTO Materials Reference Laboratory (AMRL), CCRL. and the Caltrans Reference Sample Program (RSP). Key Personnel The following paragraphs describe the individual qualifications of our key personnel who have all worked on similar contracts to this RFP. Due to the resources available at Ninyo & Moore, both in manpower and equipment, as well as the fact that geotechnical, materials, soils inspection and testing services is our area of expertise, we will be able to Ninyo 9 Moon City of Huntington Beach-CmStructow Material Testing&In specoon$enrKee 1 04-03337 1 Au"17,2021 3 0 SERVICE CATEGORY staff the anticipated projects without the use of subconsultants. Ninyo & Moore will not present any staffing changes to the Management Contact, Project Manager, or other supporting staff and specialists without written permission from the City. Resumes for key personnel can be found in Appendix A. _.a__... ---Project Management Contact/Principal Engineer Years of Experience: 33 1 Office Location: Irvine Mr. Garreth Saiki, P.E.,G.E.. will serve as the Management Contact/Pnncipal Engineer for this contract. Mr. Saiki is a registered Civil Engineer and Geotechnical Engineer in the State of California and holds a Master Degree in Geotechnical Engineering from the University of Califomia, Berkeley, as well as a Master Degree in Business Administration from the University of California. Davis. Mr. Saiki has more than 33 years of experience in the geotechnical field. the past 21 years at Ninyo& Moore. Mr. Saiki will provide oversight of our materials testing operations and review of the laboratory and field test results prior to submittal to the City. As our Laboratory Responsible Engineer. Mr. Saiki oversees our internal QA/QC Program. He is also familiar with the Caltrans Local assistance Procedures manual and the various Quality Assurance programs for various Cities Principal/Construction Services Manager Years of Experience: 34 1 Office Location: Irvine Mr.Alfredo"Tino" Rodriguez will serve as Principal/Construction Services Manager and provide oversight of our field testing and inspection semces. Mr. Rodriguez is an International Code Council (ICC) certified specialty inspector for structural concrete and has over 34 years' experence, the past 24 years with Ninyo & Moore, in providing specialty inspection, geotechnical and materials testing services, Mr. Rodriguez also has construction management experience. He reviews daily reports and test data, performs quality control and inspections and works closely with the project Construction Managers, Project Inspectors and Field Engineers in order to successfully closeout the projects assigned. Laboratory Manager Years of Experience: 15 1 Office Location: Irvine Our Laboratory Manager will be Mr. James Dalgity. Mr. Dalgity has over 15 years of experience In the geotechnical and materials testing industry. His experience Includes both field and laboratory testing. As Laboratory Manager for Ninyo& Moore. Mr. Dalgity supervises the laboratory operations and Is responsible for the technical quality of laboratory testing NNro&Nwe I Gq or F+unengtm Beam-Canstrucem Mal"Tei ig 8 inspxom Senlwn 101A33371 Aqua)17,2021 4 D.SERVICE CATEGORY procedures. Mr. Dalgity is responsible for laboratory equipment maintenance and calibrations. He is responsible for the maintaining and updating laboratory standards, such as ASTM, AASHTO. and Caltrans standard methods. He trains and supervises laboratory technicians for testing of soils, aggregate base materials, asphalt concrete, and concrete. He is responsible for the quality of laboratory technician testing procedures, conformance with testing standards, and agency certifications. He reviews laboratory test data and consults with engineers and engineering geologists re- garding test data, sample preparation, and special testing procedures. References As requested in the RFP, we are providing references to demonstrate our past performance in providing construction material testing and inspection services to our public agencies clients within the last three years. Please contact these references at your convenience to discuss our past anftr current performance on their contracts. Client Contact City of Fountain Valley. On-call materials testing City of Fountain Valley 2016-On-Going On-Call Materials services during construction Mr,Temo Galvez,Deputy City Engineer Testing of the Residential Roadway (714)593-4400 Key Personnel: Garreth Rehabilitation Projects Saiki,Tino Rodriguez, James Dalgity City of Irvine.On-Call On-call geotechnical, City of Irvine 2013-2019 Geotechnical and environmental,and materials Mr.Rick Torres,Construction Inspection Supervisor Materials Testing testing services (949)724-7653 Services Key Personnel:Garreth Saiki,Tino Rodriguez, James Dalgity John Wayne Airport, On-call geotechnical,materials John Wayne Airport 2015-2020 On-Call Geotechnical testing and inspection. Mr. Sean Lally,Airport Technical Assoc., Engineering Engineering. Materials (949)252-6013 Testing and Inspection Key Personnel Garreth Saiki,Tino Rodriguez, James Dalgity City of Rancho On-call geotechnical City of Rancho Santa Margarita 2016-2021 Santa Margarita, engineering consulting. Mr. Brendan Dugan,City Engineer On-Call Geotechnical third-party review,emergency (949)635-1805 Engineering Services services,and material testing Key Personnel Garreth services for various city Saiki,James Dalgity projects Ninyo 8 Moore I Gty of Huntington Beach-Consoumon Matenal Testing 8 Inspecnon Se m 1 04-033371 August 17.2021 5 D.SERVICE CATEGORY oClient Contact 1-405 Improvement 16 miles of highway/roadway Caltrans District 12 2020-On-Going Project improvements,land addition, Mr.Frank Mai,Senior Traffic Engineer Key Personnel Garreth bridges,on-and off-ramps (949)279-8846 Saiki,Tino Rodriguez, James Dalgity Unique Qualities, Overall Benefit, and Understanding of the Scope of Services Ninyo&Moore has become a specialist in providing on-call services for public agencies.Through the years of providing on-call services, we have developed a management approach that enables us to provide our clients with responsive, efficient, and cost-effective services utilizing master agreement/on-call contracts with specific task order work assignment authorizations. The success of our approach is demonstrated through our long list of successful public agency on-call services contracts and the continued renewal of these contracts. This project management approach is constantly being improved to meet the ever changing needs of our clients. The following table lists some of the public agencies for which we have provided on-call services; MooreNinyo & • Agency Cities City of Irvine City of Moreno Valley City of Los Angeles City of Rancho Santa Margarita City of Rancho Cucamonga City of Long Beach City of Mission Viejo City of Norwalk City of Pasadena City of Corona City of Rialto City of Culver City City of San Bernardino City of Ontario City of La Mirada City of La Habra City of Diamond Bar City of Fontana City of La Habra Heights City of Anaheim City of Riverside Counties County of Los Angeles, Department of Public Works County of Orange County of San Bernardino State Agencies Caltrans Department of General Services Judicial Council of California,Administrative Office of the Courts Ports Port of Long Beach Port of Los Angeles Port of San Diego Port of Oakland utility Agencies Inland Empire utilities Agency Coachella Valley Water District Metropolitan Water District South Coast Water District Orange County Sanitation District Southern California Edison Orange County Water District Golden State Water District Ninyo 8 Moore I City of Huntngten Bead-Constructor,Material Teseng 81nspe on Serves 104-0333i I Adgust 17.2C21 6 I would like to take the opportunity to thank Ninyo 8 Moore for the 8 Moore has been providing geotechn cal. �exceNent work 4 has performed over the past 16 years for the materials testing and deputy in three organizations with which I have served. The Orange County g p y inspection services Transportation Authority, the City of Garden Grove Economic for the County of Los Angeles (COLA). San Development Department and. currently, the Riverside County Fernando Valley Family Support Center projeci Transportation Commission.Ninyo B Moore has performed work under The project generally included a new 212 f, on-call agreements for each of these organizations for site assessment square foot 5-story office building and a 1,40o and remediation services,as well as other professional services. stall post tension concrete parking structure on 7 acres. Ninyo & Moore has provided excellent The technical knowledge of the managers and staff. the ability to client service and a high level of responsiveness respond to multiple complex task orders simultaneously, the care in to meet the project challenging schedule and interactions with regulators and otherstakeholders.the reasonableness requirements. The mufti-disciplined special of costs, and the firm's overall dedication to client services are all inspectors that were dispatched to the job were to be commended Ninyo & Moore's assistance in assessing and highly competent self starters who saved the remediating contaminated sties has proved invaluable to keeping fast- County thousands of dollars by being able to track programs on schedule. I would not hesitate to recommend Ninyo cover multiple tasks &Moore for contaminated site assessment and remediation projects -John Battista in the future. COLA Building Inspector -Gina Gallagher County of Los Angeles Senior Staff Analyst Riverside County Transportation Commission Nmyo B Moore has been providing geotechnical, materials testing. specialty inspection and environmental consulting services under contract with the Long Beach Untried School District since 2009 Ninyo 8 Moore provided a variety of these services in support of our District's Measure K Bond Program Our Program has been extremely challenging,requiring a speedy response with a committed and experience team applying innovative technical solutions. Ninyo 8 Moore has provided excellent client services and a high level of responsiveness to our requirements. -Vince Marchetti Administrative Coordinator for Construction Long Beach Unified School Distykt D SERVICE CATEGORY Preferred Staffing The Organizational Chart below summarizes the structure of Ninyo & Moore s key personnel. For any staff changes, Ninyo & Moore Will provide the City with resumes and qualifications for approval prior to them working on any projects. Resumes and certifications are presented in Appendix A. 1 � MANAGEMENT CONTACT; PRINCIPAL ENGINEER l Garreth Saiki, PE,GE MEE MM. James Dalgity� Tina Rodriguez LABORATORY INSPECTORS Hector Heredia Steven Eck Jaime Martinez Kevin Tolin Lincoln Linn Randy Engel David Merits Vance Hunter Steven Moudy Eugene Frazier Jose Soto Joe Levario Matthew Puraty Matthew Jacobs Daniel Eguia Jacob Huffman Wilkins Cobian George Schubert,Jr. Paul Medina Ninyo 8 Moon, I City of Huntngtm Beach Cmslructw Material TesAng 8 Inspection Seances 1 04-03337 1 Auausl 17.2021 D.SERVICE CATEGORY Field Technicians and Inspectors Ninyo&Moore's field staff is highly experienced and qualified to provide testing and inspection services for an extensive range of project requirements. Ninyo & Moore s field and laboratory technicians maintain certifications with Caltrans, ACI. ICC, AWS-CWI. DSA. BNSF and OSHA, and possess a working knowledge of the requirements and procedures as specified by these agencies. Below is a sampling of our available field and laboratory technicians located in our Irvine office that are extensively experienced at providing geotechnical soils and materials testing services and special inspection for construction projects. Steven Ed( Senior Field ACI Concrete Field Testing Technician Grade 1 40 Technician City of Los Angeles Special Inspector ICC Soils Special Inspector OSHA 40 Hour Hazwoper Cernc�fhon OSHA Excavation Competent Person Certification Radiation(Nuclear Gauge)User Safety USDOT HAZMat Refresher Training Kevin Toll Senior Field ACI Field Testing Technician Grade 1 34 Technician Caill Concrete Test Methods 523 1 Cattrans Concrete Test Methods 504 518,524.533,539,540,556,557 Cattrans Sampling Hghway Materials Test Method 125 Cattrars Soils and Aggregates Test Methods 216,231 OSHA 40 Hour Hazwoper Certification OSHA 8 Hour Hazwoper Certification Radiation(Nuclear Gauge)Use Safety USDOT HAZMat Refresher Training Lincoln Linn Senior Field AC Fled Testing Technician Grade 1 28 Technician Gtt of--s Angeles Special Inspector ICI.Soils Spill Inspector OSHA 40 Hour Hazwoper Certification OSHA Hour Hazwoper Certification Radiation(Nuclear Gauge)User Safety USOOT HAZMat Refresher Training Randy Engel Senor field ACI Concrete Field Testing Techmcw Grade 1 26 Technician BNSF Contractor,No.UIBNSFCACA041900696 Caltrans 105,125 201,202,205,216.217,226.229 Radiation(Nuclear Gauge)User Safety USDOT HAZMat Refresher Trailing Dared Meras Special Inspector ACI Concrete Field Testng Technician Grade 1 24 AWS Certified Welding Inspector Cahrans Concrete Test Methods 504.518,523,533,539,540,557 Caltrans Sampling Test Method 125,125.2.125.3,125 4,125.5.125.6 Cahrans Soils and Aggregates(Methods 216,231) ICC Sills Special Inspector ICC Structural Steel&Boiling Special Inspecor ICC Structural Welding Special Inspector OSHA Excavation Competent Person Certification Radiation(Nuclear Gauge)Use Safety USDOT HAZMai Refresher Training Hector Heredia Senor Laboratory AASHTO T209,T238,T248.T255.T269,T275.TM CT371 Moisture SusceptiMhty, 21 Technician and Tensile Stress Ratio AASHTO T11. T27, R41, R76. T166. T176 Sieve Analysis (Washing) - Fine AA Hgagates 0T308,T312.T324,T329,T335.SuperPave and Gyratory Compactor AASHTO T324 SuperPave Hamburg Wheel ACI Concrete Strength Testing Technician Caltrans Soils and Aggregates Test Methods 206. 229. 301, 304. 308. 3D9, 366, 370.382 Caltrans Soils and Aggregates Test Methods 105,201.202.217,226,227 Ninyo&Ml I City of Huntington Beach-Construction Material Testing&Inspector Servoes 1 04-033371 August 17.2021 9 D.SERVICE CATEGORY -• - •- ® "• w- Vance Hunter Senior Field ACI Field Testing Technician Grade 1 21 Technician Cahrans Concrete Test Methods 504,518,523.1,533,539.540,556,557 Cahrans Sampling Test Method 125 Cahrans Soils and Aggregates Test Methods 105.201,202,205.216,217,226,227 eRailSafe System Badge.300882 OSHA 40 Hour HAMPER Certification OSHA 8 Hour HAZWOPER Certification OSHA Excavation Competent Person Radiation(Nuclear Gauge)User Safety USDOT HAZMat Refresher Training Jaime Martinez Laboratory ACI Aggregate Testing Technician Level 1 6 Technician ACI Concrete Laboratory Testing Technician Levels I and II ACI Concrete Strength Testing Technician Caltrans Concrete Test Methods 521 Caltrans Sampling Highway Materials Test Methods 125 AGG,125 HMA Caltrans Soils and Aggregate Test Methods 105.201,202,205,216,217.226,227, 229 Radiation(Nuclear Gauge)User Safety USDOT HAZMat Refresher Training Steven Moudy Senior Field ACI Feld Testing Technician Grade 1 20 Technician Radiation(Nuclear Gauge)User Safety USDOT HAZMai Refresher Training Eugene Frazier Senior Field 16-Hour Asbestos 0&M Initial Certification 19 Technician ACI Field Testing Technician Grade I Caltrans Concrete Test Methods 504,518,523.1,524,533.539,540,556.557 Caltrans Sampling Highway Materials Test Method 125 Caltrans Soils and Aggregates Test Methods 105. 125. 201, 202. 205. 216, 217, 226,227 229 John Wayne Airport Security Badge OSHA 40 Hour Hazwoper Certification OSHA 8 Hour Hazwoper Certification Radiation(Nuclear Gauge)User Safety USDOT HAZMat Refresher Training Jose Soto Special Inspector ACI Concrete Field Testing Technician Grade 1 19 AWS Certified Welding Special Ins or DSA Masonry Special Inspector,;V ICC Prestressed Concrete Special Inspector ICC Reinforced Concrete Special ICC Spray-ap�led Fireproofing Special Inspector ICC Structure Masonry Special Inspector ICC Structural Steel&Bo ll ing Special Inspector ICC Structural Welding Special Inspector OSHA Excavation Competent Person Certification USDOT HAZMat Refresher Training Joe Levano Senior Field ACI Concrete Field Testing Technician Grade 1 16 Technician BNSF Contractor,No.UIBNSFCACA011902740 Callrans Concrete Test Methods 504,518.523,533,539,540,556,557 Caltrans Sampling Test Method 105,125 Caltrans Soils Test Methods 201,202,205,216,217,226,227 eRailSafe,Contractor,No.727113 OSHA Excavation Competent Person Certification Radiation(Nuclear Gauge)User Safety USDOT HAZMat Refresher Training James Dalgity Laboratory ACI Aggregate Testing Technician Level 1 15 Manager ACI Concrete Field Testing Technician Grade I ACI Concrete Laboratory Technician Level I ACI Concrete Laboratory Testing Technician level II ACI Concrete Strength Testing Technician Caltrans Concrete Test Methods 504.518,521,523,533,539,540.556,557 Caltrans Sampling Test Method 125 Caltrans Soils Test Methods 105,201,202.211,216,217,226.227 Caltrans Soils Test Methods 205,207,234.235 Radiation(Nuclear Gauge)User Safety USDOT HAZMat Refresher Training Matthew Puraty Senior Field ACI Concrete Field Testing Technician Grade 1 15 Technician OSHA Excavation Competent Person Certification Radiation(Nuclear Gauge)User Safety USDOT HAZMat Refresher Training Ninyo&Moore I City of Huntington Beach-Construction Material Testing&In5pectm Semces 1 04-03337 1 August 17.2021 10 D SERVICE CATEGORY w- c Matthew Jacobs Senior Field ACI Concrete Feld Testing Technician Grade 1 14 Technician City of Los Angeles Deputy Building Inspector-Grading. No. P030742 City of Los Angeles Special Inspector ICC Reinforced Concrete Special Inspector ICC Soils Special Ins or OSHA 10 Hour Ceri cation OSHA 40 Hour Hazwoper Certification OSHA Excavation Competent Person Radiation(Nuclear Gauugge)User Safety USDOT.HAZMAT 49CFR 172,Subpart H Daniel Eguia Senor Field ACI Concrete Field Testanngg Technician Grade 1 13 Technician BNSF Contractor,No.UIBNSFCACA041900697 Caltrans Concrete Test Methods 504,518,523.1,533,539,540.556,557 Caltrans Sampling Highway Materials Test Method 125 Caltrans Soils Test Methods 105,201,202.217.227 Caltrans Test Methods 125,216.231 Radiation(Nuclear Gauge)User Safety USDOT HzMai Refresher Training Jacob Huffman Special Inspector ACI Concrete Field Testing Technician Grade 1 12 Caltrans Concrete Test Methods 504.518.523.1,533,539,540 543.556.557 Caltrans Sols and Aggregates Test Methods 105, 125. 201. 202 205. 216, 217, 226,227,229 ICC Reinforced Concrete Inspector OSHA Excavation Competent Person Radiation(Nuclear Gauge)User Safety USDOT HAZMat Refresher Training Wilkins Cahian Senior Field ACI Concrete Field Testing Technician Grade 1 10 Technician ACI Concrete S"rnpp�th Testinngg Techrvclan BNSF,No UIBNSFCACAA071901573 CaMrars Sods and regales(105. 125,20t,202.205,216,217.226,227,229) Rad abon(Nudes age)User Safety USDOT at Refher Training George Schubert.Jr Senior Feld ACI Concrete Field Testing Techr oar Grade 1 9 Technow OSHA Excavation Competent Person Ceruficabon Radiation((Nuclear Gauge)User Safety USDOT HAZMat Refresher Training Paul Medina Special Inspector ACI Adhesive Anchor Installation Inspector 7 ACI Concrete Field Testing Technician Grade ACI Concrete Strength Testing Technician City of Newport Beach Concrete and Masonry Inspector C ry ct Los Angeles Deputy Building Inspector City of Long Beach Epoxy Inspector City of Long Beach Fue�Proofirg Inspector City of Long Beach Prestressed Inspector City of Long Beach Reinforced Concrete Inspector DSA Masonry Special Inspector ICC Califomia Commercial Building Inspector ICC Prestressed Concrete Special Inspector ICC Reinforced Concrete Special Inspector ICC Soils al Inspector ICC Spray- ied Fireproofing Special Inspector ICC SWctur Steel and Belting Inspector ICC Structural Masonry Special Inspector OSHA Excavation Competent Person Certficabon USDOT HAZMat Refresher Tra ntng Ninyo 8 Moore I City or Huntington Beady-ConstrucTorn Matenal Testing b Inspectim Semces 1 04-033371 August 17.2021 11 D SERVICE CATEGORY Understanding and Methodology Ninyo & Moore will utilize the project management style and approach that we have successfully developed for past and current on-call contracts with public agencies. Throughout the contract duration. Mr. Garreth Saiki, our proposed Management Contact, will meet with the representative(s) of the City to discuss task order assignments and the anticipated services required for those projects. Upon notification of a task order request, we will commence our services. The paragraphs that follow the flow chart describe the typical services for each step in the flow chart. 1 Develop Scope of Work - The initial step in our approach is to meet with the City Project Manager in order to get clear understanding of the project and App�r ASp b our expected services. For the materials testing and inspection services, m will review the approved plans and specifications and will develop a detailed scope of services indicating anticipated man-hours by discipline o..eosvo.wra . for the required materials testing and inspection services We will submit this plan to the City Project Manager for approval and will provide monthly updates to the City Project Manager as construction progresses. 2 Project Personnel Utilization - Upon approval of our , M4�NaobrE RO 'Co . scope of work. we will assign the appropriately certified personnel to the project based on the specific needs o.wm r.o in.w�+�s uataowr of the project. Our large pool of licensed professional geotechnical engineers, inspectors, and technicians will be utilized for our task orders.Our multi ple-certified special ' O.nYN 4srmc�Pr,W deputy inspectors and our certified field and laboratory technicians will be readily available for assignment during construction. Our project management approach =- and in-house computerized data base ensure that we have the appropriately certified personnel assigned M IraNcrcbrn�.Succ«n�Ngrrcr during construction. We will also review the contractors �« w schedule in order to plan accordingly and anticipate the future inspections and testing requests. Ninyo B Moon I City or Nunbrgtm Beady-Construapn MatwN TeabN&Inspect on Spvip;g 1 04-03337 1 Augusl 17.2021 12 D SERVICE CATEGORY 3 Sampling Protocol and Document Control - We _ will next establish the sampling protocols required for the project, based on the project specifications and the requirements of the City and other governing specifications. Our document control system provides unique identification of daily reports and laboratory conformance testing for each project assignment These •" ...2. systems are a part of our Quality Systems Program and will be utilized for each task order assignment. 4 Establish Communication Lines-The next step in our approach is to establish the communication lines for the project, including the authorized client representative who will be requesting our services. We will also request the approved distribution list for our inspection reports. daily field reports, and laboratory conformance test results On past projects. Project Managers have coordinated our services in the field and distributed our reports. On other past projects, we were scheduled by on-site client representatives and distributed our reports to the approved distribution list. We will provide our services to meet the City's needs. Often we will attend preconstruction meetings with the contractor and obtain from the City the approved distribution list for our materials testing and inspection reports as well as our laboratory conformance testing results. We will also provide the City representatives with our personnels mobile telephone numbers, and e-mail addresses for communication during the project. We will also establish the communication lines between the City Project Manager, Project Inspector, and the contractors' and sub-contractors' representatives S Utilize Our Project Controls - Ninyo & Moore utilizes PROJECT MANAGEMENT SYSTEM an internal project control system that includes budget, schedule, and document review and control. Our project manager will utilize our in-house system to keep the City Project Manager informed about the status of our services during our materials testing and inspection services during construction We include monthly progress reports indicating the amount billed to date along with a comparison to the overall task order budget and the overall construction schedule. Our quality control includes review of our laboratory conformance test results by a California licensed engineer Ninyo&Moore I Gty of Nunbngbn Beath Canffiucbw MMwo Testing&Inspectm Ser km 1 04-033071 August 17,2021 13 D SERVICE CATEGORY 6 Perform Field and Laboratory Testing-When construction commences, we will provide the necessary personnel and equipment to inspect and test the construction materials quality and contractor's construction methods in order to document conformance to the project plans and specifications. We will also sample the construction materials as required and per-form laboratory conformance tests as specified Our ATAP' field personnel are all issued laptop computers to pro-duce the daily field reports electronically. The results of our inspections and tests will be forwarded to the City representatives at the end of each working day. Immediate notification will be provided via phone and/or e-mail if we find non-conformance in materials or workmanship. Our local laboratory facilities will perform 100 percent of the soils and materials laboratory work for this contract. They are certified in compliance with ASTM E-329 and are approved/accredited by the City of Los Angeles, Division of the State Architect (DSA), Metropolitan Transportation Authority (Metro), Caltrans, and the Cement and Concrete Reference Laboratory(CCRL). Quality Assurance Review - We understand the importance of reliability of our inspections and test results. Therefore.we have a Quality Assurance Plan in place that provides written procedures for our services. Our Quality Assurance Plan is overseen by a California licensed engineer and includes review of our training procedures. as well as participation in third party review and inspection of our facilities. All of our laboratory conformance tests are re-viewed by a California licensed engineer prior to submittal. B Reports-Written reports are required for project documentation. We will submit our written reports electronically during construction, as established in the communications structure for the project that was determined during the project initiation stage. Passing tests and inspections will be fled in accordance with the document control system. Non-conforming reports will be maintained in a non-conformance log that will be maintained by our office. Non- conformance areas will need to be remedied in accordance with the project requirements. When non-conforming materials or workmanship are remedied. we will document the acceptance in the nonconformance log for project close-out purposes 9. Project Close-Out - The final step in our approach is the closing out of the project and providing the project documentation to the City. For our geotechnical and geologic engineering services, this phase of the project Ninyo&Moore Cary of 1Crtnglm Beach-Cmebumon Malend Tmbng d Inspectw Smvwee I W-03337 1 A ft 17.2021 14 O.SERVICE CATEGORY development is typically complete at the submittal and approval of the project design. For construction services, our materials testing and inspection reports compiled and summarized for submittal to the City and/or appropriate government agency. We will also provide as-graded geotechnical and geologic reports as appropriate, signed by the California licensed Geotechnical Engineer and Certified Engineering Geologist in responsible charge of the project SCHEDULING TURNAROUND TIME Ninyo & Moore's project managers are available throughout the duration of all project assignments. Twenty-four- hours-a-day, seven-days-a-week, point-of-contact telephone/cell phone numbers are provided to the designated project manager/representative(s). Client requests are addressed immediately and emergency response to those projects requiring it is provided throughout the duration of the project. If required, Ninyo & Moore project managers can accelerate project scheduling without compromising quality by adding additional professional staff and working Ninyo & Moores extended hours and weekends. Ninyo & Moore has several onstrates the ; stren Tailor ; exemplify excellent facsimile machines, courier, and e-mail services for purposes clien erviceandahig level of responsiveness of transmit-ting/sending information immediately following Project " enV invine such requests City, E . RATE SHEET As requested a detailed hourly rate schedule has been uploaded to Planetbids Ninyo&Moon I CAy of Hunbrgpxi Beads-Construcbm Mat"Tesmg&Inspacbm Semces 1 04-033371 PagW 17,2021 15 Appendix A Resumes of Key Personnel Ninyo 9 Moon I Gty of hwnorgtm Beach Cmstrucbw Matena'Teseng d inspecboo SetviM 1 04-033371Au"17,2021 Ga rreth Sa i ki , PE, GE Management Contact/Principal Engineer As a Principal Engineer for Ninyo & Moore. Mr. Saiki coordinates and conducts geolechnical evaluations for residential. commercial, and public facilities. including highways, railroads, airports, pipelines, public and private buildings, and bridges: performs slope stability analyses,flexible and rigid pavement design,and underground pipeline design.prepares and reviews geotechnical reports.and providesgeotechnical \ design parameters and recommendations for shallow and deep foundations,retaining �1 structures. in-situ ground remediatwn and earthwork: reviews laboratory results project plans and specifications, provides supervision and technical support to staff- level engineers and geologists: performs project administration and management: and provides forensic evaluation of distressed pavement residential and commercial structures. EDUCATION EXPERIENCE City of Rancho Santa Margarita On-Call Geotechnical Consulting Services. MBA 1998.University of California Davis Rancho Santa Margarita. California: Project Manager retained to provide on- M S Geotechnical Engineering. 1989 call geotechnical engineering consulting services for various projects in the City of University of California Berkeley Rancho Santa Margarita. Our services included third-party review of geotechnical reports emergency observation of slope failures resulting from heavy rain events, B S Civil Engineering 1987. University of and geotechnical observation and materials testing services for various construction Cahfomia Berkeley projects including numerous pavement rehabilitation protects pavement slurry seal, and drainage improvements REGISTRATIONS John Wayne Airport. On-Call Geotechnical/Materials Testing and Construction CERTIFICATIONS Inspection Services, Orange County, California: Serving as Project Manager to PE 49665(California) for on-call geotechnical engineering, materials testing and inspection services for various airport projects located at the John Wayne Airport in Orange County. GE 2509(California) California Nuclear Gauge Operator Certification City of Fountain Valley Residential Roadway Rehabilitation, Fountain Valley. California: Project Manager retained for materials testing services during construction of the Residential Roadway Rehabilitation Project, Project No. GT229, Quadrant PROFESSIONAL H-3. J-1 and J-2 for the City of Fountain Valley The project consisted of asphalt AFFILIATIONS concrete overlays at various locations.The improvements also included new concrete American Society of Civil Engineers curb &gutter, sidewalks, curb ramps, cross gutters, and selected areas of full depth asphalt concrete replacement. Ninyo & Moore provided quality control testing. Our scope of seances included mix design review.field sampling and testing, batch plant inspection and laboratory testing. Our field services included in-place density testing during asphalt concrete placement. and concrete sampling County of Los Angeles, As-Needed Materials Testing. Pavement Mix Design and Inspection. Los Angeles, California: Project Manager retained to provide as- needed materials testing, pavement mix design and inspection services during the various construction and reconstruction type projects located throughout Los Angeles County, California City of Irvine. On-Call Geotechnical and Materials Testing. Irvine, California: Project Manager for the on-call provide geotechnical, materials testing & inspection services contract for various city projects located throughout the city of Irvine. Gwreth M.SAW,PE,GE I Nryo d Moore GeoBeC l&Emnrmmenlal$aences oam"ls BOARD FOR PROFESSIONAL ENGINEERS, ISSUANCE DATE LAND SURVEYORS, AND GEOLOGISTS JUNE 26. 1992 EXPIRATION DATE LICENSING DETAILS FOR: 49665 NAME: SAIKI, GARRETH MASUO SEPTEMBER 30, 2022 LICENSE TYPE: CIVIL ENGINEER CURRENT DATE/TIME k~TATUS: CLEAR JANUARY 19, 2021 27172 NEDA 12:11:54 PM MISSION VIEJO CA 92692 ORANGE COUNTY LICENSE RELATIONSHIPS NAME:SAIKI.GARRETH MASUO ADDRESS: LICENSE/REGISTRATION TYPE:GEOTECHNICAL 27172 NEDA ENGINEER MISSION VIEJO CA OM92 LICENSE NUMBER:2609 PRIMARY STATUS:CLEAR ORANGE COUNTY MAP BOARD FOR PROFESSIONAL ENGINEERS. ISSUANCE DATE LAND SURVEYORS, AND GEOLOGISTS FEBRUARY 25. 2000 EXPIRATION DATE LICENSING DETAILS FOR: 2509 NAME: SAIKI GAHRETH MASUO $EPTEMBER 30. 2022 LICENSE TYPE: GEOTECHNICAL ENGINEER CURRENT DATE/TIME kswh-STATUS: CLEAR JANUARY 19. 2021 27172 NEDA 12 09.50 PM MISSION VIEJO CA 92692 ORANGE COUNTY LICENSE RELATIONSHIPS NAME:SAIKI.GAHRE TH MASUO ADDRESS: LICENSE/REGISTRATION TYPE:CIVIL ENGINEER 27172 NEDA LICENSE NUMBER:45665 PRIMARY STATUS:CLEAR MISSION VIEJO CA 92892 ORANGE COUNTY MAP Alfredo "lino" Rodriguez Principal / Construction Services Manager Mr. Rodriguez oversees field services inspectors and technicians. and provides project management.structural concrete deputy inspection services,asphalVconcrete pavement and roadway inspection services on highway and street improvement projects, construction management services on Caltrans and public works projects, geotechnical observation and testing services for large mass grading projects. Mr. Rodriguez has extensive experience in providing geotechnical and materials testing and deputy inspection services on various public works projects. He is very -� experienced with various testing and inspection procedures and project close-out requirements He also performs quality control and inspection for underground utility, foundation and shoring Construction including inspection during tie-back shohnglwall construction. His laboratory testing experience includes concrete, soils, aggregates and asphall/concrete As Inspection Services Manager, he also provides technical PROFESSIONAL oversight and training for field and laboratory technicians AFFILIATIONS EXPERIENCE Construction Management Association of America City of Irvine.On-Call Geotechnical Consulting and Materials Testing Services: Currently serving as Construction Services Manager for on-call materials testing and inspection for the City of Irvine Public Works Department for various city projects located throughout the city of Irvine County of Los Angeles. On-Call Geotechnical Materials Testing. Los Angeles. California:Construction Services Manager for the on-call Wtechnical and materials testing services for various capital improvement projects John Wayne Airport On-Call Testing & Inspection Services. Orange County. California: Served as Construction Services Manager Supervisor for engineering, materials testing, and inspection services for various Airport Improvement projects Services included special (deputy) inspection for reinforced concrete. structural masonry, structural steel and welding, non-destructive testing. and fireproofing. We performed field sampling and testing of construction materials. and we also provided laboratory testing of soil. concrete steel. and other materials. These services were performed on the recently complete new Terminal C, which was designed and constructed as an essential facility in accordance with the California Building Code. City of Newport Beach, On-Call Geotechnical Services: Serving as Construction Services Manager providing geotechnical and materials testing for various capital improvement projects to support the City of Newport Beach work staff. Seances include conducting geotechnlcal observation and field testing during various types of projects Caltrans District 12 1-405 Improvement Project. Orange County, California: Construction Services Manager retained to provide materials sampling and testing services for the 1-405 Improvement Project between SR-73 and 1-605. The project consists of 16 miles of improvements including adding one regular lane in each direction between Euclid Street and 1-605, as well as improvements to existing on- ramps, off-ramps, and bridges The project also included the creation of the 1-405 Express Lanes which incorporate the existing carpool lanes and a new lane in each direction between SR-73 and 1.605, Allredo"Tino"Rodnguez.PrincipaYConstruction Serncn Manapar I Nmyo d Moore I GeotetlncN L Enrronm MI Soe m Con 11mts James Dalgity Laboratory Manager As a Laboratory Manager for Ninyo&Moore,Mr.Dalgity is responsible for performing quality control and quality assurance testing of soil,aggregate,asphalt,and concrete materials in accordance with applicable ASTM, AASHTO, ACI, and Caltrans standards. As a technician, Mr. Dalgity has extensive experience providing both field and laboratory testing of soils and construction materials and maintains his current soils and materials testing certifications from ACI and Caltrans. He provides geotechnical observation and testing services during earthwork operations, including mass grading operations, trench and wall backfill, and roadway and building pad subgrade preparation. Mr. Dalgity also has experience in the requirements and specifications in Greenbook for public works construction projects, as well as the requirements of Caltrans for testing frequencies, test methods, and record keeping as described in Ca@rans Standard Specifications, Standard Special Provisions, and the Caltrans Construction Manual. CERTIFICATIONS EXPERIENCE ACI Concrete Field Testing Technician City of Rancho Santa Margarita On-Call Geotechnical Consulting Services, Grade I Rancho Santa Margarita, California: Laboratory Manager retained to provide on- call geotechnical engineering consulting services for various projects in the City of ACI Aggregate Testing Technician Level I Rancho Santa Margarita. Our services included third-party review of geotechnical ACI Concrete Strength Testing Technician reports, emergency observation of slope failures resulting from heavy rain events, and geotechnical observation and materials testing services for various construction ACI Concrete Laboratory projects including numerous pavement rehabilitation projects, pavement slurry seal, Technician Level 1 and drainage improvements. ACI Concrete Laboratory Testing John Wayne Airport, On-Call Geotechnical/Materials Testing and Construction Technician Level 2 Inspection Services, Orange County, California: Serving as Laboratory Manager CPB Radiation Safety Officer to provide on-call geotechnical engineering, materials testing and inspection services #50338 for various airport projects located at the John Wayne Airport in Orange County, Caltrans TL-0111 Certification California. City of Fountain Valley Residential Roadway Rehabilitation, Fountain Valley, California: Laboratory Manager for materials testing services during construction of the Residential Roadway Rehabilitation Project, Project No. GT229, Quadrant H-3, J-1 and J-2 for the City of Fountain Valley. The project consisted of asphalt concrete overlays at various locations.The improvements also included new concrete curb &gutter, sidewalks,curb ramps,cross gutters, and selected areas of full depth asphalt concrete replacement. Ninyo & Moore provided quality control testing. Our scope of services included mix design review,field sampling and testing, batch plant inspection and laboratory testing. Our held services included in-place density testing during asphalt concrete placement, and concrete sampling. County of Los Angeles, As-Needed Materials Testing, Pavement Mix Design and Inspection, Los Angeles, California: Laboratory Manager to provide as- needed materials testing, pavement mix design and inspection services during the various construction and reconstruction type projects located throughout Los Angeles County,California. City of Irvine, On-Call Geotechnical and Materials Testing, Irvine, California: Laboratory Manager for the on-call provide geotechnical,materials testing&inspection services contract for various city projects located throughout the city of Irvine. James Dalgity,Laboratory Manager I Ninyo&Moore I Geotechnnal&Environmental Spencer Conwltantr AEA m oATE IMMIDDAYYY) A� CERTIFICATE OF LIABILITY INSURANCE v512021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS j 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(les)must have ADDITIONAL INSURED provisions or 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 cerlIf cato holder in lieu of such andorsemonl s . PRODUCERCONTA NAM 'C Jennifer Aguirre AssuredPartners Design Professionals Insurance Services, LLC PHONE 5to-466.3090 ri ,Nm: 3697 Mt. Diablo Blvd Suite 230 (AIG,J9e.ESIX Lafayette CA g4549 L N a y. DaslgnProCerls(QAssured Partners cam WSU RER9 AFFORDING COVERAGE "MCI INSURER A:Travelers Property Casualty Company of America 25674 INSURED MNYAM001 INSURERS:Evanston Insurance Company 35378 Ninyo&Moore Geotechnlcal& Environmental Sciences Consultants IN9URCR C: 475 Goddard, Suite 200 INSURERD: Irvine CA 92618 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:35297524 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. NOVAIITHSTANDING 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 IHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TILE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WeR TYPE OF INSURANCE A POLICYNU MDER DDL SUM MWTOO F IMWPOLICY YD LIMITS LT EXP A X CORMERCIALGENERAIAMBILITY Y Y 83009e6R247 10M2021 10132022 EACH OCCURRENCE 5 1,00 ,O DOG CLAIMS�MADE I OCCUR _aAE Mll Ego.Ea Denu� $i000000 X Cor'o urd Lbn MEO[XP era argon $10,00D v �, PERSONAL B ADV INJURY $1000000 GENL AGGREGATE LIMITANUES PER: GENERALAGGREGATE S2,000,000 POLICY TIE]JED- �L(%: PROUXTS-COMPIOPAGO 52,000,000 J $ OTHER A NOMORNELUBILITY Y Y a107N030e01 APPROVED S 101312 022DONaWE09NGLeLW $1,000,000 ANYAUIO BODILY INJURY(Per person) $ OWNED SCHED MED y60DRY INJORY(Pere JCen) $ AUTOS ONLY AUrosHIRED X NON-OWN. MICHAEL .GATES PROPERTY OANAGE $ aPeff AUTOS ONLY Auras ONLY CITY A ORNEY FAIH $ A X UMBRELIALIAB X aCCUR y Y CUP9.H28527 10132021 10/32022 EACH OCCURRENCE $9000000 EXCESS LIAR CWMS.MADE AGGREGATE $9000000 DEC I I RETENTIONS S A WORKERS COMPENSATION Y U86P428399 51112021 5112022 X 1 PTgT T[ ER ANDEMPLOYERS-LIAORITY YIN ANYPROPRIETOt AATNEAAEXECURE N NIA E.L.EACH ACCIDENT $$1_000,000 OFf ICEP/6'EMSERE%ttU0E07 El DISEASE-EAEMPLOYEE $7000000 (M.nd.Imy In NN) eye Jeecnhe user DESCRIPTIONOFOPERATIONSoebe EL.DISEASE-PULIICY LIMIT S1000.000 B PminaebnN i1elb.A Y MKLVTPLOOOd69d 51112027 10f32022 Per Clebn 5,000,000 Co00.r ,PaSuOon LbS. Pmuol Apye9ea 5,000,000 Computer NeM'ok 5eco+Iy DESCRIPTION OF OPERATONS I LOCATIONS 1 WHICLES (ACORD 101.Addllk,rW Remark.SchMule,maybe ettrth.d II md...pace Is required) Umbrella Liability pollcy Is a follow-form to underlying General Llabilllyy/Auto Liability/Empployers Liability. N&M Project Number/Name: 4041 RV02-03337 I City of Huntington Lacty On-Call Melerlals Testing&Inspectlon Services&Engineering Selvlces. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS- Attn: Keegan Olds 2000 Main Street AvruoaacDREP.aeseurArrvE City City Hall 1st Floor Huntington Beach,CA 92846 OD 1986.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: AESCO, Inc. OVERALL RANKING: 1 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Senior Civil Engineer 3. Civil Engineering Assistant I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: Avg. of 67 out of 70 over 3 Raters listed above `Vendor#.1"—`'Mimmum'QualificationskRe4iew .� ,$ ` vy.e �� "';=' - ?�'cL�,u'`'.ypj.VC1.t. vji.:r•`#�'�"ti 4y -i 'r"� 1...,..Y ��, A... .:i Total Weighted rMaximum Criteria Score Score Proposal Criteria 67 70 Reference Check 10 10 Interview 15 15 Local Preference Check 5 5 Total X Il. DUE DILIGENCE REVIEW The city is familiar with AESCO because of their past work history with the city projects. ?AESCO Summarynof Review-? r p ai'S ° t ,f er e '' • AESCO has worked with the City of Huntington Beach on past projects and has performed satisfactory work. PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Leighton Consulting, Inc. OVERALL RANKING: 2 (Tied) out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Senior Civil Engineer 3. Civil Engineering Assistant I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: Avg, of 57 out of 70 over 3 Raters listed above =Vendor'#2`�MmimumQuahfications+Re"view �jeLrr4�^` T''r.? ?y Total Weighted Maximum Criteria Score Score Proposal Criteria 57 70 Reference Check 10 10 Interview 15 15 Local Preference Check 0 5 Total 82.5 i :;,. 100^ II. DUE DILIGENCE REVIEW • The city is familiar with Leighton Consulting because of their past work history with the city projects. ;Lei htori Consulhh Summary of Review # r Y` ���_ �'•i+�'t 3i#6'_}u��f r+, lshu. r.'� • Leighton Consulting has worked with the City of Huntington Beach on past projects and has performed satisfactory work. PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Ninyo & Moore, Inc. OVERALL RANKING: 2 (Tied) out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Senior Civil Engineer 3. Civil Engineering Assistant I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Avg. of 57 out of 70 over 3 Raters listed above Vendor#3=Mmimurn Qualifications Review ,. _. ' -" :, .: Total Weiclhted Maximum Criteria Score Score Proposal Criteria 57 70 Reference Check 10 10 Interview 15 15 Local Preference Check 0 5 Total II. DUE DILIGENCE REVIEW • Ninyo & Moore was picked because of the success in interview and past work history with similar scope projects. Very well supported firm with a variety of abilities in materials and inspection support. .Nmyo & Moore' ',Summary of Review; • Ninyo & Moore has worked successfully with similar scope of projects similar to the City of Huntington Beach. PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: Twining, Inc. OVERALL RANKING: 2 (Tied) out of 25 SUBJECT MATTER EXPERTSIRATERS: 1. Senior Civil Engineer 2. Senior Civil Engineer 3. Civil Engineering Assistant I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: Avg. of 57 out of 70 over 3 Raters listed above Vdr dor,,#4'MinirW Qualifications Review -o 7 5...._[ J' CC� vt`. u �' Isa.a. •.� a. . S-._.�si.'�.c..r �_�3 Total Weighted Maximum Criteria Score Score Proposal Criteria 57 70 Reference Check 10 10 Interview 15 15 Local Preference Check 0 5 Total24 II. DUE DILIGENCE REVIEW The city is familiar with Twining because of their past work history with the city projects. yTwmmg�`Summary'%of Rewewy,' ,�` ,- .m, r rt.. y ,r✓'.;. �n • Twining has worked with the City of Huntington Beach on past projects and has performed satisfactory work. PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Construction Management Services SERVICE DESCRIPTION: Construction and inspection support for City's annual Capital Improvement Program projects. VENDOR: GMU Geotechnical, Inc., Inc. OVERALL RANKING: 5 out of 25 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Civil Engineer 2. Senior Civil Engineer 3. Civil Engineering Assistant I. MINIMUM QUALIFICATIONS REVIEW Written Proposal Score: Avg. of 57 out of 70 over 3 Raters listed above Vendorlf5'&MimmuiiQuahfications�Reviewc t" Total Weighted Maximum Criteria Score Score Proposal Criteria 57 70 Reference Check 10 10 Interview 12 15 Local Preference Check 0 5 Total Il. DUE DILIGENCE REVIEW • GMU Geotechnical, Inc. was picked because of the success in interview and past work history with similar scope projects, especially in street related work. GMU Geotechnical,-Inc Summary ot_Review • GMU Geotechnical, Inc. has worked successfully with similar scope of projects similar to the City of Huntington Beach. City of Huntington Beach -" 2000 Main Street ♦ Hwitington Beach, CA 92648 (714) 536-5227 ♦ NNiv<v.huntingtonbeachca.gov F' Office of the City Clerk ' Robin Estanislau, City Clerk January 10, 2022 Ninyo & Moore Attn: Garreth Saiki 5710 Ruffin Road San Diego, CA 92123 Dear Mr. Saiki: Enclosed is a fully executed copy of the "Professional Services Contract between the City of Huntington Beach and Ninyo & Moore for On Call Material Testing and Engineering Services" approved by the Huntington Beach City Council on December 21, 2021 . Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand