HomeMy WebLinkAbout5/6/2009 - STAFF REPORTS - 2.F. c
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°q`'F°R�`P City Council Staff Report
Date: May 6, 2009 CONSENT CALENDAR
Subject. AWARD PROFESSIONAL SERVICES AGREEMENT TO SOUTHERN
CALIFORNIA SOIL & TESTING, INC., FOR MATERIALS TESTING AND
INSPECTION SERVICES FOR THE PALM SPRINGS STORM DRAIN
LINE 22, STAGE 2, CITY PROJECT NO. 07-15
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
On April 15, 2009, the City Council awarded a construction contract for Palm Springs
Storm Drain Line 22, Stage 2, City Project No. 07-15. The project requires specific
materials testing and inspection services, which will be provided by California Soil &
Testing, Inc., in accordance with the proposed professional services agreement.
RECOMMENDATION:
1) Approve Agreement No. in the amount of $32,005.00 with California Soils
& Testing, Inc., for materials testing and inspection services for the Palm Springs
Storm Drain Line 22, Stage 2, City Project No. 07-15;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On April 15, 2009, the City Council awarded a construction contract to Cass
Construction, Inc., for Palm Springs Storm Drain Line 22, Stage 2, City Project No. 07-
15. The project will extend Storm Drain Line 22 through the Wastewater Treatment
Plant to the Tahquitz Creek Golf Course, with a new outlet structure located
immediately upstream of the Gene Autry Trail bridge extending under Golf Course Tee
#3.
Construction of this project requires specific materials testing and inspection services,
and it was necessary to solicit proposals from geotechnical firms for these services. On
ITEM NO. z ' �r
City Council Staff Report
May 6, 2009-Page 2
Storm Drain Line 22, Stage 2 Materials Testing/Inspection Agreement (CP 07-15)
March 6, 2009, the City issued a Request for Proposals (RFP) for materials
testing/inspection services related to City Project No. 07-15, including: Class II
aggregate base, asphalt concrete pavement, Portland cement concrete pavement,
storm drain pipe bedding, storm drain trench backfill, storm drain reinforced concrete
outlet structure, reinforced concrete retaining walls, and 48" CMUCMC welded steel
effluent pipe. Specifically, the required services include materials testing and inspection
of.
• Storm Drain Outlet Structure complete with Wing Walls, Cut-Off Wall, Trapezoidal
Outlet Protection Barrier, and Grouted Rip-Rap Protection;
• Reinforced concrete storm drain transition structure;
• Reinforced concrete storm drain manholes;
• 66", 72", 78" and 84" RCP (2000D);
• Storm drain pipe bedding and trench backfill;
48" CMUCMC welded steel effluent pipe;
• Reinforced concrete retaining wall (APWA Std. 610-2, Type 1);
• Portland cement concrete pavement;
• Asphalt concrete pavement;
• Class II aggregate base;
At 2:00 PM on Friday, March 27, 2009, proposals from the following firms were
submitted:
1. CHJ Incorporated; Palm Desert, CA
2. Construction Testing & Engineering, Inc.; Riverside, CA
3. Converse Consultants; Redlands, CA
4. Geo Tek, Inc.; Riverside, CA
5, Geosphere Consultants, Inc., Palm Desert, CA
6. Heider Engineering Services, Inc.; Ontario, CA
7. Koury Engineering & Testing, Inc.; Chino, CA
8. Krazan & Associates, Inc.; Temecula, CA
9. Landmark Consultants; Palm Desert, CA
10.Leighton Group; Palm Desert, CA
11.MACTEC Engineering and Consulting; Cathedral City, CA
12.Southern California Soil & Testing; Indio, CA
13.Southwest Inspection & Testing; La Habra, CA
The City's RFP included provisions related to the recently adopted Local Business
Preference Program (Ordinance 1766), as follows:
S. Local Preference (second paragraph) The contractor or consultant will also,
to the extent legally possible, solicit applications for employment and proposals
for subcontractors and subconsultants for work associated with the proposed
City Council Staff Report
May 6, 2009- Page 3
Storm Drain Line 22, Stage 2 Materials Testing/Inspection Agreement (CP 07-15)
contract from local residents and firms as opportunities occur and hire qualified
local residents and firms whenever feasible.
The full local preference will be awarded to a Local Business. 1, 2 or 3 points
may be awarded to a non-local business that employs or retains local residents
and firms for this project.
In order for a business to be eligible to claim the preference, the business MUST
request the preference in the Solicitation response and provide a copy of its
current business license (or of those it employs for this project) from a jurisdiction
in the Coachella Valley.
An evaluation panel consisting of Michael Lytar, Senior Public Works Inspector; George
Farago, Associate Civil Engineer; and Diana Shay, Redevelopment Coordinator
reviewed the proposals received. The evaluation panel, individually and collectively,
determined Southern California Soil & Testing from Indio, CA, as the most qualified firm.
The firm, pursuant to the Local Business Preference Program, is considered a local
firm, and received full credit (5%) as part of its evaluation.
Staff recommends that the City Council approve the attached professional services
agreement with Southern California Soil & Testing.
FISCAL IMPACT:
This project is identified as part of the Wastewater Fund 2008/2009 Capital
Improvement Plan. Sufficient funds are available in account 420-6800-55008. This
project is being funded entirely from the Wastewater Fund; no General Funds are being
used.
SUBMITTED:
David J. Barakian Thomas J. Wilson
Director of Public Works/City Engineer Assistant City Manager
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David H. Ready, City r
ATTACHMENTS:
1. Agreements
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PROFESSIONAL SERVICES AGREEMENT
SOUTHERN CALIFORNIA SOIL & TESTING, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is
made and entered into, to be effective this day of 200J, by
and between the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, (hereinafter referred to as "City') and SOUTHERN CALIFORNIA SOIL &
TESTING, INC., a California corporation, (hereinafter referred to as "Consultant"). City
and Consultant are sometimes hereinafter individually referred to as "Party" and are
hereinafter collectively referred to as the "Parties."
RECITALS
A. City has determined that there is a need for materials testing and
inspection services required during construction of the Palm Springs Storm Drain Line
22, Stage 2, City Project No. 07-15, (the "Project")-
B. Consultant has submitted to City a proposal to provide materials testing
and inspection services to City for the Project pursuant to the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education,
reputation, and expertise to provide these services and has agreed to provide such
services as provided herein.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations,
covenants, and conditions contained herein, and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services.In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the
Scope of Services described in Exhibit "A," which is attached hereto and is incorporated
herein by reference (hereinafter referred to as the "Services" or "Work"). As a material
inducement to the City entering into this Agreement, Consultant represents and
warrants that Consultant is a provider of first class work and professional services and
that Consultant is experienced in performing the Work and Services contemplated
herein and, in light of such status and experience, Consultant covenants that it shall
follow the highest professional standards in performing the Work and Services required
hereunder. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized as high quality among
well-qualified and experienced professionals performing similar work under similar
circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist
of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for
Proposals; and, (4) the Consultant's signed, original proposal submitted to the City
("Consultant's Proposal"), which shall all be referred to collectively hereinafter as the
"Contract Documents." The City's Request for Proposals and the Consultant's
Proposal, which are both attached hereto as Exhibits "B" and "C," respectively, are
hereby incorporated by reference and are made a part of this Agreement. The Scope of
Services shall include the Consultant's Proposal. All provisions of the Scope of
Services, the City's Request for Proposals, and the Consultant's Proposal shall be
binding on the Parties. Should any conflict or inconsistency exist in the Contract
Documents, the conflict or inconsistency shall be resolved by applying the provisions in
the highest priority document, which shall be determined in the following order of
priority: (151) the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of
the City's Request for Proposal (Exhibit "B"), (3') the terms of this Agreement; and, (41h)
the provisions of the Consultant's Proposal (Exhibit "C").
1.3 Compliance with Law. Consultant warrants that all Services rendered
hereunder shall be performed in accordance with all applicable federal, state, and local
laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and
warrants to City that it has obtained all licenses, permits, qualifications, and approvals of
whatever nature that are legally required to practice its profession and perform the Work
and Services required by this Agreement. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, qualification, or approval that is legally
required for Consultant to perform the Work and Services under this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments, and taxes,
plus applicable penalties and interest, which may be imposed by law and arise from or
are necessary for the Consultant's performance of the Work and Services required by
this Agreement, and shall indemnify, defend, and hold harmless City against any such
fees, assessments, taxes penalties, or interest levied, assessed, or imposed against
City hereunder.
1.5 Familiarity with Work. By executing this Agreement, Consultant
warrants that Consultant (a) has thoroughly investigated and considered the Scope of
Services to be performed, (b) has carefully considered how the Services should be
performed, and (c) fully understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement. If the Services involve work upon
any site, Consultant warrants that Consultant has or will investigate the site and is or will
be fully acquainted with the conditions there existing, prior to commencement of any
Services hereunder. Should the Consultant discover any latent or unknown conditions
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that will materially affect the performance of the Services hereunder, Consultant shall
immediately inform the City of such fact and shall not proceed except at Consultant's
risk until written instructions are received from the City-
1.6 Care of Work. Consultant shall adopt reasonable methods during the
term of the Agreement to furnish continuous protection to the Work and the equipment,
materials, papers, documents, plans, studies, and/or other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to persons
or property, until acceptance of the Work by the City, except such losses or damages as
may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use
reasonable care and diligence to perform their respective obligations under this
Agreement. Both Parties agree to act in good faith to execute all instruments, prepare
all documents, and take all actions as may be reasonably necessary to carry out the
purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the
performance of the Services, without invalidating this Agreement, to order extra work
beyond that specified in the Scope of Services or make changes by altering, adding to,
or deducting from such Work. No such extra work may be undertaken unless a written
order is first given by the City to the Consultant, incorporating therein any adjustment in
(i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this
Agreement, which adjustments are subject to the written approval of the Consultant.
Any increase in compensation of up to twenty-five percent (25%) of the Maximum
Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty
(30) days, may be approved by the City Manager, or his designee, as may be needed to
perform any extra work- Any greater increases, occurring either separately or
cumulatively, must be approved by the Palm Springs City Council. It is expressly
understood by Consultant that the provisions of this section shall not apply to the
services specifically set forth in the Scope of Services or reasonably contemplated
therein, regardless of whether the time or materials required to complete any work or
service identified in the Scope of Services exceeds any time or material amounts or
estimates provided therein.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered pursuant to this
Agreement, Consultant shall be compensated by City in accordance with the Schedule
of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by
reference, but not exceeding the maximum contract amount of Thirty-Two Thousand
Five Dollars, ($32,005.00) (hereinafter referred to as the "Maximum Contract Amount"),
except as may be provided pursuant to Section 1.8 above. The method of
compensation shall be as set forth in Exhibit "D." Compensation for necessary
expenditures for reproduction costs, telephone expenses, and transportation expenses
must be approved in advance by the Contract Officer designated pursuant to Section
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Compensation. The Maximum Contract Amount shall include the attendance of
Consultant at all Project meetings reasonably deemed necessary by the City.
Consultant shall not be entitled to any increase in the Maximum Contract Amount for
attending these meetings. Consultant hereby acknowledges that it accepts the risk that
the services identified in the Scope of Services may be more costly and/or time-
consuming than Consultant anticipates, that Consultant shall not be entitled to
additional compensation therefore, and that the provisions of Section 1.8 shall not be
applicable to the services identified in the Scope of Services. The maximum amount of
city's payment obligation under this section is the amount specified herein. If the City's
maximum payment obligation is reached before the Consultant's Services under this
Agreement are completed, consultant shall nevertheless complete the Work without
liability on the City's part for further payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless some other method of payment is specified
in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes
to receive payment, no later than the tenth (10) working day of such month, Consultant
shall submit to the City, in a form approved by the City's Finance Director, an invoice for
services rendered prior to the date of the invoice Such requests shall be based upon
the amount and value of the services performed by Consultant and accompanied by
such reporting data including an itemized breakdown of all costs incurred and tasks
performed during the period covered by the invoice, as may be required by the City.
City shall use reasonable efforts to make payments to Consultant within forty-five (45)
days after receipt of the invoice or a soon thereafter as is reasonably practical. There
shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of
Services is requested by the City, the Parties shall execute a written amendment to this
Agreement, setting forth with particularity all terms of such amendment, including, but
not limited to, any additional professional fees. An amendment may be entered into: (a)
to provide for revisions or modifications to documents or other work product or work
when documents or other work product or work is required by the enactment or revision
of law subsequent to the preparation of any documents, other work product, or work,
and/or (b) to provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's
profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the Palm Springs City Council for each fiscal year
covered by the Agreement. If such appropriations are not made, this Agreement shall
automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services to be performed by Consultant is
an essential condition of this Agreement. Consultant shall prosecute regularly and
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diligently the Work of this Agreement according to the agreed upon Schedule of
Performance (Exhibit "E").
3.2 Schedule of Performance. Consultant shall commence the Services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform
all Services within the time period(s) established in the Schedule of Performance, which
is attached hereto as Exhibit "E" and is incorporated herein by reference. When
requested by Consultant, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer, but such extensions
shall not exceed one hundred eighty (180) days cumulatively; however, the City shall
not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of
Performance for performance of the Services rendered pursuant to this Agreement shall
be extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of the Consultant (financial inability excepted),
including, but not limited to, acts of God or of the public enemy, unusually severe
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if
Consultant, within ten (10) days of the commencement of such delay, notifies the City
Manager in writing of the causes of the delay. The City Manager shall ascertain the
facts and the extent of delay, and extend the time for performing the Services for the
period of the enforced delay when and if in the judgment of the City Manager such delay
is justified. The City Manager's determination shall be final and conclusive upon the
Parties to this Agreement. In no event shall Consultant be entitled to recover damages
against the City for any delay in the performance of this Agreement, however caused,
Consultant's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this
Agreement, this Agreement shall commence upon the effective date of this Agreement
and continue in full force and effect until completion of the Services but not exceeding
three (3) years from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit "E") and pursuant to Section 3.2 above, unless extended by
mutual written agreement of the Parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the Services to be performed under this Agreement and
make all decisions in connection therewith: James Stone, Project Manager. It is
expressly understood that the experience, knowledge, education, capability, expertise,
and reputation of the foregoing principal is a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing principal shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient time to
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personally supervise the services performed hereunder. The foregoing principal may
not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City, and is subject to change by the City Manager.
It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully
informed of the progress of the performance of the Services, and the Consultant shall
refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority to sign all
documents on behalf of the City required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, voluntarily or by operation of law, without the
prior written consent of City. Consultant shall not contract with any other entity to
perform the Services required under this Agreement without the prior written consent of
City. If Consultant is permitted to subcontract any part of this Agreement by City,
Consultant shall be responsible to City for the acts and omissions of its subcontractor(s)
in the same manner as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationships between any subcontractor and
City. All persons engaged in the Work will be considered employees of Consultant.
City will deal directly with and will make all payments to Consultant. In addition, neither
this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit
of creditors or otherwise, without the prior written consent of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert
of more than twenty five percent (25%) of the present ownership and/or control of
Consultant, taking all transfers into account on a cumulative basis. In the event of any
such unapproved transfer, including any bankruptcy proceeding, this Agreement shall
be void. No approved transfer shall release Consultant or any surety of Consultant from
any liability hereunder without the express written consent of City.
4.4 Independent Contractor.
A. The legal relationship between the Parties is that of an independent
contractor, and nothing herein shall be deemed to make Consultant a City employee.
During the performance of this Agreement, Consultant and its officers, employees, and
agents shall act in an independent capacity and shall not act as City officers or
employees. The personnel performing the Services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of its officers, employees, or agents, except as set forth in
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this Agreement. Consultant, its officers, employees, or agents shall not maintain an
office or any other type of fixed business location at City's offices. City shall have no
voice in the selection, discharge, supervision, or control of Consultant's employees,
servants, representatives, or agents, or in fixing their number, compensation, or hours
of service. Consultant shall pay all wages, salaries, and other amounts due its
employees in connection with this Agreement and shall be responsible for all reports
and obligations respecting them, including but not limited to social security income tax
withholding, unemployment compensation, workers' compensation, and other similar
matters. City shall not in any way or for any purpose be deemed to be a partner of
Consultant in its business or otherwise a joint venturer or a member of any joint
enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt,
obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers,
employees, or agents in connection with any performance under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City
shall not pay salaries, wages, or other compensation to Consultant for the performance
of Services under this Agreement. City shall not be liable for compensation or
indemnification to Consultant, its officers, employees, or agents, for injury or sickness
arising out of performing Services hereunder. If for any reason any court or
governmental agency determines that the City has financial obligations, other than
pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes,
or benefits of Consultant's officers, employees, servants, representatives,
subcontractors, or agents, Consultant shall indemnify City for all such financial
obligations.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole
cost and expense, in a form and content satisfactory to City, the insurance described
herein for the duration of this Agreement, including any extension thereof, or as
otherwise specified herein, against claims which may arise from or in connection with
the performance of the Work hereunder by Consultant, its agents, representatives, or
employees. In the event the City Manager determines that the Work or Services to be
performed under this Agreement creates an increased or decreased risk of loss to the
City, the Consultant agrees that the minimum limits of the insurance policies may be
changed accordingly upon receipt of written notice from the City Manager or his
designee. Consultant shall immediately substitute any insurer whose A.M. Best rating
drops below the levels specified herein. Except as otherwise authorized below for
professional liability (errors and omissions) insurance, all insurance provided pursuant
to this Agreement shall be on an occurrence basis. The minimum amount of insurance
required hereunder shall be as follows-
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A. Errors and Omissions Insurance. Consultant shall obtain and
maintain in full force and effect throughout the term of this Agreement, standard industry
form professional liability (errors and omissions) insurance coverage in an amount of
not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars
($2,000,000.00) annual aggregate, in accordance with the provisions of this section-
(1) Consultant shall either: (a) certify in writing to the City that
Consultant is unaware of any professional liability claims made against Consultant and
is unaware of any facts which may lead to such a claim against Consultant; or (b) if
Consultant does not provide the certification pursuant to (a), Consultant shall procure
from the professional liability insurer an endorsement providing that the required limits
of the policy shall apply separately to claims arising from errors and omissions in the
rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis,
the policy shall be continued in full force and effect at all times during the term of this
Agreement, and for a period of three (3) years from the date of the completion of the
Services provided hereunder. In the event of termination of the policy during this
period, Consultant shall obtain continuing insurance coverage for the prior acts or
omissions of Consultant during the course of performing Services under the terms of
this Agreement. The coverage shall be evidenced by either a new policy evidencing no
gap in coverage, or by obtaining separate extended "tail" coverage with the present or
new carrier or other insurance arrangements providing for complete coverage, either of
which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an
"occurrence" basis, the policy shall be continued in full force and effect during the term
of this Agreement, or until completion of the Services provided for in this Agreement,
whichever is later. In the event of termination of the policy during this period, new
coverage shall immediately be obtained to ensure coverage during the entire course of
performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, workers'
compensation insurance in at least the minimum statutory amounts, and in compliance
with all other statutory requirements, as required by the State of California. Consultant
agrees to waive and obtain endorsements from its workers' compensation insurer
waiving subrogation rights under its workers' compensation insurance policy against the
City and to require each of its subcontractors, if any, to do likewise under their workers'
compensation insurance policies. If Consultant has no employees, Consultant shall
complete the City's Request for Waiver of Workers' Compensation Insurance
Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain
and maintain, in full force and effect throughout the term of this Agreement, a policy of
commercial general liability insurance written on a per occurrence basis with a
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combined single limit of at least one million dollars ($1,000,000.00) and two million
dollars ($2,000,000.00) general aggregate for bodily injury and property damage
including coverages for contractual liability, personal injury, independent contractors,
broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of
business automobile liability insurance written on a per occurrence basis with a single
limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and
property damage. The policy shall include coverage for owned, non-owned, leased,
and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, a policy of employer
liability insurance written on a per occurrence basis with a policy limit of at least one
million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager prior to
commencing any work or services under this Agreement. Consultant guarantees
payment of all deductibles and self-insured retentions. City reserves the right to reject
deductibles or self-insured retentions in excess of $10,000, and the City Manager may
require evidence of pending claims and claims history as well as evidence of
Consultant's ability to pay claims for all deductible amounts and self-insured retentions
proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to
the insurance policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be
primary insurance as respects City and its officers, council members,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City and its officers, council members,
officials, employees, agents, and volunteers shall be in excess of
Consultant's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to City
and its officers, council members, officials, employees, agents, and
volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured,
including additional insureds, against whom a claim is made or suit is
brought to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations
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shall limit the application of such insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance
with these requirements if they include any limiting endorsement which
substantially impairs th s set forth herein (e.g., elimination of
contractual liability or reduction of discovery period)unless the
endp[s�Lnent has first been submitted to the City Mana_g Und_appl_o_v_ed
in writing.,
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements
to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will
"endeavor' (as opposed to being required) to comply with the
requirements of the endorsements. Certificates of insurance will not be
accepted in lieu of required endorsements, and submittal of certificates
without required endorsements may delay commencement of the Project.
It is Consultant's obligation to ensure timely compliance with all insurance
submittal requirements as provided herein.
5.3.6 Consultant agrees to ensure that subcontractors, and any other parties
involved with the Project who are brought onto or involved in the Project
by Consultant, provide the same minimum insurance coverage required of
Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided
in conformity with the requirements of this section. Consultant agrees that
upon request, all agreements with subcontractors and others engaged in
the Project will be submitted to the City for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on
the part of the City to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on
the City nor does it waive any rights hereunder in this or any other regard.
5.3.8 Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration.
Endorsements as required in this Agreement applicable to the renewing or
new coverage shall be provided to City no later than ten (10) days prior to
expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained
in this section are not intended as limitations on coverage, limits, or other
requirements nor as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue, and is not
10
intended by any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and
provisions of this Agreement to the extent that any other section or
provision conflicts with or impairs the provisions of this section.
5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the Work performed under this
Agreement and for any other claim or loss which may reduce the
insurance available to pay claims arising out of this Agreement City
assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are
likely to involve City, or to reduce or dilute insurance available for payment
of potential claims.
5.3.12 Consultant agrees that the provisions of this section shall not be construed
as limiting in any way the extent to which the Consultant may be held
responsible for the payment of damages resulting from the Consultant's
activities or the activities of any person or person for which the Consultant
is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best's Key Rating
of B++, Class VII, or better, unless such requirements are waived in writing by the City
Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements,
affecting all of the coverages required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Consultant's insurers to provide
complete, certified copies of all required insurance policies at any time. Additional
insured endorsements are not required for Errors and Omissions and Workers'
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named
as an additional insured..." ("as respects City of Palm Springs Contract No. " or "for
any and all work performed with the City"may be included in this statement).
l
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. ITor
"for any and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Molder named." Language such as, "endeavor to" mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of City, its elected officials, officers,
employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies. All certificates of insurance and endorsements are
to be received and approved by the City before work commences. All certificates of
insurance must be authorized by a person with authority to bind coverage, whether that
is the authorized agent/broker or insurance underwriter. Failure to obtain the required
documents prior to the commencement of work shall not waive the Consultant's
obligation to provide them.
6. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend (at
Consultant's sole cost and expense), protect and hold harmless City and its officers,
council members, officials, employees, agents and volunteers and all other public
agencies whose approval of the Project is required, (individually "Indemnified Party";
collectively "Indemnified Parties") against any and all liabilities, claims, judgments,
arbitration awards, settlements, costs, demands, orders, and penalties (collectively
"Claims"), including but not limited to Claims arising from injuries or death of persons
(Consultant's employees included) and damage to property, which Claims arise out of,
pertain to, or are related to the negligence, recklessness, or willful misconduct of
Consultant, its agents, employees, or subcontractors, or arise from Consultant's
negligent, reckless, or willful performance of or failure to perform any term, provision,
covenant, or condition of this Agreement ("Indemnified Claims'), but Consultant's
liability for Indemnified Claims shall be reduced to the extent such Claims arise from the
negligence, recklessness, or willful misconduct of the City, its officers, council members,
officials, employees, or agents.
Consultant shall reimburse the Indemnified Parties for any reasonable
expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and
expenses that each Indemnified Party may incur by reason of Indemnified Claims.
Upon request by an Indemnified Party, Consultant shall defend with legal counsel
reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party
that may arise out of, pertain to, or relate to Indemnified Claims, whether or not
12
Consultant is named as a party to the Claim proceeding. The determination whether a
Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on
the allegations made in the Claim and the facts known or subsequently discovered by
the Parties. In the event a final judgment, arbitration award, order, settlement, or other
final resolution expressly determines that Claims did not arise out of, pertain to, nor
relate to the negligence, recklessness, or willful misconduct of Consultant to any extent,
then City shall reimburse Consultant for the reasonable costs of defending the
Indemnified Parties against such Claims, except City shall not reimburse Consultant for
attorneys' fees, expert fees, litigation costs, and expenses that were incurred defending
Consultant or any parties other than Indemnified Parties against such Claims.
Consultant's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until all actions against the Indemnified Parties for
such matters indemnified hereunder are fully and finally barred by the applicable statute
of limitations or, if an action is timely filed, until such action is final. This provision is
intended for the benefit of third parry Indemnified Parties not otherwise a party to this
Agreement.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and
detailed accounts of all time, costs, expenses, and expenditures pertaining in any way
to this Agreement. Consultant shall keep such books and records as shall be
necessary to properly perform the Services required by this Agreement and to enable
the Contract Officer to evaluate the performance of such Services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the Services required by this
Agreement as the Contract Officer shall require. Consultant hereby acknowledges that
the City is greatly concerned about the cost of the Work and Services to be performed
pursuant to this Agreement. For this reason, Consultant agrees that if Consultant
becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the Work or Services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed,
Consultant shall promptly notify the Contract Officer of such fact, circumstance,
technique, or event and the estimated increased or decreased cost related thereto and,
if Consultant is providing design services, the estimated increased or decreased cost
estimate for the project being designed.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared
by Consultant, its employees, subcontractors, and agents in the performance of this
Agreement shall be the property of City and shall be promptly delivered to City upon
13
request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by City of its full rights of ownership of the documents and
materials hereunder. Any use of such completed documents for other projects and/or
use of incomplete documents without specific written authorization by the Consultant
will be at the City's sole risk and without liability to Consultant, and the City shall
indemnify the Consultant for all damages resulting therefrom. Consultant may retain
copies of such documents for its own use. Consultant shall have an unrestricted right to
use the concepts embodied therein. Consultant shall ensure that all its subcontractors
shall provide for assignment to City of any documents or materials prepared by them,
and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer. All information gained by Consultant in the performance of this
Agreement shall be considered confidential and shall not be released by Consultant
without City's prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and
during the regular business hours of City, Consultant shall provide City, or other agents
of City, such access to Consultant's books, records, payroll documents, and facilities as
City deems necessary to examine, copy, audit, and inspect all accounting books,
records, work data, documents, and activities directly related to Consultant's
performance under this Agreement. Consultant shall maintain such books, records,
data, and documents in accordance with generally accepted accounting principles and
shall clearly identify and make such items readily accessible to such parties during the
term of this Agreement and for a period of three (3) years from the date of final payment
by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and
interpreted both as to validity and as to performance of the Parties in accordance with
the laws of the State of California. Legal actions concerning any dispute, claim, or
matter arising out of or in relation to this Agreement shall be instituted in the Superior
Court of the County of Riverside, State of California, or any other appropriate court in
such County, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement 9 Lbe construed as a whole according
to its fa.idlanguaQe and common meaning to apb e_v_e the objectives and purposes o_f,thA
Parties. The terms of this Agreement are contractual and the result of negotiation
between the Parties. Accordingly, any rule of construction of contracts (including,
without limitation, California Civil Code Section 1654) that ambiguities are to be
14
construed against the drafting party, shall not be employed in the interpretation of this
Agreement. The caption headings of the various sections and paragraphs of this
Agreement are for convenience and identification purposes only and shall not be
deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
8.3 Termination, City may terminate this Agreement for its convenience at
any time, without cause, in whole or in part, upon giving Consultant thirty (30) days
written notice. Upon such notice, City shall pay Consultant for Services performed
through the date of termination. Upon receipt of such notice, Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
Thereafter, Consultant shall have no further claims against the City under this
Agreement. Upon termination of the Agreement pursuant to this section, Consultant
shall submit to the City an invoice for work and services performed prior to the date of
termination. In addition, the Consultant reserves the right to terminate this Agreement
at any time, with or without cause, upon sixty (60) days written notice to the City, except
that where termination is due to material default by the City, the period of notice may be
such shorter time as the Consultant may determine.
8.4 Default of Consultant.
A. Consultant's failure to comply with any provision of this Agreement
shall constitute a default-
B. If the City Manager, or his designee, determines that Consultant is
in default in the performance of any of the terms or conditions of this Agreement, he/she
shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or
such longer period as City may designate, to cure the default by rendering satisfactory
performance. In the event Consultant fails to cure its default within such period of time,
City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice of any remedy to
which City may be entitled at law, in equity, or under this Agreement. Consultant shall
be liable for any and all reasonable costs incurred by City as a result of such default.
Compliance with the provisions of this section shall not constitute a waiver of any City
right to take legal action in the event that the dispute is not cured, provided that nothing
herein shall limit City's right to terminate this Agreement without cause pursuant to
Section 8.3.
C. If termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, City may, after compliance with the provisions of
Section 8.4.13, take over the work and prosecute the same to completion by contract or
otherwise, and the Consultant shall be liable to the extent that the total cost for
completion of the Services required hereunder exceeds the Maximum Contract Amount
(provided that the City shall use reasonable efforts to mitigate such damages), and City
may withhold any payments to the Consultant for the purpose of set-off or partial
payment of the amounts owed the City as previously stated. The withholding or failure
�s
to withhold payments to Consultant shall not limit Consultant's liability for completion of
the Services as provided herein.
8.5 Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the Party against
whom enforcement of a waiver is sought. Any waiver by the Parties of any default or
breach of any covenant, condition, or term contained in this Agreement, shall not be
construed to be a waiver of any subsequent or other default or breach, nor shall failure
by the Parties to require exact, full, and complete compliance with any of the covenants,
conditions, or terms contained in this Agreement be construed as changing the terms of
this Agreement in any manner or preventing the Parties from enforcing the full
provisions hereof.
8.6 Rights and Remedies Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the Parties are cumulative and the exercise by either Party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other Party.
8.7 Legal Action. In addition to any other rights or remedies, either Party
may take legal action, in law or in equity, to cure, correct or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
8.8 Attorney Fees. In the event any dispute between the Parties with respect
to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party
shall be entitled, in addition to such other relief as may be granted, to recover from the
non-prevailing Party all reasonable costs and expenses, including but not limited to
reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and
expenses incurred in any appeal or in collection of any judgment entered in such
proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff
or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date
set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such
litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liabilitV of City Officers and Employees. No officer or employee of
the City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by the City or for any amount which may become due to
the Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or
16
employee participate in any decision relating to the Agreement which effects his
financial interest or the financial interest of any corporation, partnership, or association
in which he/she is, directly or indirectly, interested in violation of any state statute or
regulation. Consultant warrants that is has not paid or given and will not pay or give any
third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance
under this Agreement, Consultant shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex, age, marital status,
ancestry, or national origin. Consultant shall ensure that applicants are employed, and
that employees are treated during their employment, without regard to their race,
religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement.
A. To the fullest extent permissible under law, and in lieu of any other
warranty by City or Consultant against patent or copyright infringement, statutory or
otherwise, it is agreed that Consultant shall defend at its expense any claim or suit
against City on account of any allegation that any item furnished under this Agreement,
or the normal use or sale thereof arising out of the performance of this Agreement,
infringes upon any presently existing U.S. letters patent or copyright and Consultant
shall pay all costs and damages finally awarded in any such suit or claim, provided that
Consultant is promptly notified in writing of the suit or claim and given authority,
information and assistance at Consultant's expense for the defense of same, and
provided such suit or claim arises out of, pertains to, or is related to the negligence,
recklessness or willful misconduct of Consultant. However, Consultant will not
indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such
that City's alteration of such deliverable created the infringement upon any presently
existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination _
with other material not provided by Consultant when it is such use in combination which
infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim
or suit and all negotiations for settlement thereof, Consultant shall not be obligated to
indemnify City under any settlement made without Consultant's consent or in the event
City fails to cooperate in the defense of any suit or claim, provided, however, that such
defense shall be at Consultant's expense. If the use or sale of such item is enjoined as
a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the
right to use and sell the item, or shall substitute an equivalent item acceptable to City
and extend this patent and copyright indemnity thereto.
17
G.1j
10.2 Notices. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First
Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested,
or delivered or sent by facsimile with attached evidence of completed transmission, and
shall be deemed received upon the earlier of (i) the date of delivery to the address of
the person to receive such notice if delivered personally or by messenger or overnight
courier; (ii) five (5) business days after the date of posting by the United States Post
Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand,
direction, or other communication sent by facsimile must be confirmed within forty-eight
(48) hours by letter mailed or delivered. Other forms of electronic transmission such as
e-mails, text messages, instant messages are not acceptable manners of notice
required hereunder. Notices or other communications shall be addressed as follows.
To City: City of Palm springs
Attention: City Manager& City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant. Southern California Soils & Testing, Inc.
83-740 Citrus Avenue, Suite G
Indio, CA 92201-3438
Attention: James Stone
Telephone: (760) 775-5983
Facsimile: (760) 775-8362
10.3 Entire Agreement. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior negotiations, arrangements, agreements,
representations, and understandings, if any, made by or among the Parties with respect
to the subject matter hereof. No amendments or other modifications of this Agreement
shall be binding unless executed in writing by both Parties hereto, or their respective
successors, assigns, or grantees.
10.4 Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be effective and valid under applicable law, but if
any provision of this Agreement shall be determined to be invalid by a final judgment or
decree of a court of competent jurisdiction, such provision shall be ineffective only to the
extent of such prohibition or invalidity, without invalidating the reminder of that provision,
or the remaining provisions of this Agreement unless the invalid provision is so material
that its invalidity deprives either Party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure
to the benefit of the Parties' successors and assignees.
is
2i
10.6 Third Party Beneficiary. Except as m e ex ressl rovided for
herein nothing con in d_in Yhis Agreement is in en ed__to confer, nor shall this
r men eomWued as conferring. any ri ht_s_including, without limitation. any
X' thir_dparty beneficiary or otherwi upon any entity or o�sorLnot warty
hereto.
10.7 Recitals. The abov_e_refe_renced Recitals are hereby incorporated into the
Agreement as though u set forth herein and each Party acknowledges and agrees
that such Party is b nd_,for purposes of this A ream nth the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants
that (i) the Party for which he or she is executing this Agreement is duly authorized and
existing, (ii) he or she is duly authorized to execute and deliver this Agreement on
behalf of the Party for which he or she is signing, (iii) by so executing this Agreement,
the Party for which he or she is signing is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of
any other Agreement to which the Party for which he or she is signing is bound.
19
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA.
By By
City Clerk City Manager
Date: Date:
By
City Engineer
Date:
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By Date: Agreement No.
City Attorney
Date:
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any vice
President The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or
Chief Financial Officer,
CONTRACTOR NAME:
SOUTHERN CALIFORNIA SOILS & TESTING
Cl one_Individual A Partnership_2L Corporation
83-740 Citrus Avenue, Suite G
Indio, CA 92201-3438
By By
Signature(Notarized) Signature(Notarized)
20
23
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ____
On before me,
oax rlem auc,t Nrtn¢nM T=n1 no Q411
personally appeared
rr nicrmspna(sl
who pmvcd to me on the basis of satisfactory evidence to
be the person(s)whose names) islare subscribed to the
within instrument and acknowledged to me that
helshefthey executed the same in hislheritheir authorized
capacity(ies),and that by hislhedtheir sign6lufe(s) an the
instrument the person($), or the entity upon behalf of
which the person(s)acted,o ecutcd the instrumen-
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal-
Placo Noury sual:.emre Signature
:ry
OPTIONAL
7nouyh 810 ln.atnalicrt boon is nor requlrGd by larv,lr may prom valuable to paraan.ralyfng on the dccumenr
and could prevent Imadulenr re vai Anil WilleChMenP v`ttvo Iomr ru ano!her dudlvrrcnt.
Description at Attached Document
YIIl&ortypeof Document: _ . .__..
Documont Date. Number of Pages:
Signor(s)Other Ttsn Named Above:
Capeclty(fea)Claimed by Signor(s)
Sigrigea Name: Signer's Name:
❑ Individual n lndivhduai
❑ Corpomte Offleer—TNe(s): C Corporate Officer—Tde(s): _
p Partner—Ll Limited O Gonenil _ ❑Partner—IJ Limited LJ General
LJ Attcmey in Fact I=n or rhureb byre Li Attorney in Faci Too or In horn
D Trustee ❑Trustae
0 Guardian or Oonsarvawr ❑Guardian or Conservator
❑ other---------- ❑Man
Signer Is Sepresenlmg: Signer Is Representing:
px'Yi'`CwSRx".:a .,,' ^.nhH.° GC�:S:•:GC^—f1C�
r�'rovr Wllwul Noeyry rwlrmir�lon-:9�o pe Salo A]:bl nvaiJm call To"{rcvTfitrba)Ftlt2;
21
EXHIBIT "A"
SCOPE OF SERVICES
City Project No. 07-15 for which materials testing and inspection services are required consists of the construction of a
master-planned storm drain system extending through the Palm Springs Wastewater Treatment Plant, with a new
outlet into the Tahquitz Creek Golf Course. Upon completion, the master-planned storm drain system will be awned
and maintained by the Riverside County Flood Control &Water Conservation District("RCFC").
The Consultant shall provide all materials testing and inspection services as required by the plans and specifications
prepared for City Project 07-15 by DMC Design Group and dated September 17, 2008, for the following items:
• Storm Drain Outlet Structure complete with Wing Walls, Cut-Off Wall, Trapezoidal Outlet Protection Barrier, and
Grouted Rip-Rap Protection (per Details Sheet 11);
Reinforced concrete storm drain transition structure (1);
• Reinforced concrete storm drain manholes (7);
66", 72", 78" and 84" RCP (2000D);
Storm drain pipe bedding and trench backflll (2,145 LF);
• 48" CMUCMC welded steel effluent pipe;
Reinforced concrete retaining wall (APWA Std. 610-2, Type 1);
• Portland cement concrete pavement;
• Asphalt concrete pavement;
Class II aggregate base;
Materials testing/inspection services will include but not be limited to soils compaction and density tests, structural
concrete, reinforcing steel, structural steel, metal fabrications, and welding. All storm drain pipe bedding and storm
drain trench backfill compaction shall comply with the special provisions prepared for City Project 07-15.
The Consultant will have its inspector(s) report to the City's Representative each day materials testing and inspection
services are required. The inspector(s) will submit a daily report indicating the time of arrival and time of departure,
the type and quantities of the materials testing performed and any necessary test results and observations. Any
defective work shall be immediately reported to the City's Representative in writing.
The Consultant shall provide materials testing and inspection services on an as-needed, on-call basis as scheduled by
the City's Representative. The Consultant shall meet with the City's Representative prior to the start of construction to
establish detailed reporting procedures and establish report formats meeting City requirements. Communication
protocols shall be established to ensure that all field reports, data, test results and related information is transmitted
not only in the field but also to interested City staff in a timely manner.
22
The methodology Consultant shall use to accomplish each of the project tasks and services expected shall consist of:
1. Project Engineer participation in a pre-construction meeting;
2. Observation of the excavation for the Storm Drain Outlet Structure complete with Wing Walls, Cut-Off Wall,
Trapezoidal Outlet Protection Barrier, and Grouted Rip-Rap Protection; Field density testing of the Outlet Structure
subgrade
Field density testing of wall backfill
Inspection of reinforcing steel placement
Concrete sampling and testing
Observation of Rip-Rap installation, if requested
Grout sampling and testing, if requested.
3. Observation of the excavation for the reinforced concrete storm drain transition structure;
Field density testing of the transition structure subgrade
Inspection of reinforcing steel placement
Concrete sampling and testing
4. Observation and testing of reinforced concrete storm drain manholes, if requested;
5. Observation of trench excavation, pipe bedding, and backfill; and performance of a field testing program to
evaluate compaction for the 66", 72", 78", and 84" RCP;
6. Observation of trench excavation, pipe bedding, and backfill; and performance of a field testing program to
evaluate compaction for the 48" CML(CMC welded steel effluent pipe;
Inspection of welds
Non-destructive testing of welds, if requested.
7. Special inspection of the reinforced concrete retaining wall;
Observation and testing of foundation bottoms
Inspection of reinforcing steel installation
Concrete sampling and testing
Observation and field density testing of wall backfill.
8. Observation and testing of the subgrade for portland cement concrete pavement;
Sampling and testing concrete, if requested.
9. Observation and testing of the asphalt concrete pavement;
10. Observation and testing of the subgrade and class 2 aggregate base for pavements;
11, Preparation of daily reports describing the inspections and test results: the reports will be submitted to the City's
Representative at the site and distributed to other City personnel as needed;
12. Preparation of final reports summarizing results of our tests and observations.
23
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EXHIBIT "B"
CITY"S REQUEST FOR PROPOSALS
24
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�.y� CITY OF PALM SPRINGS, CA
` REQUEST FOR PROPOSALS#17-09
,tf1 MATERIALS TESTING / INSPECTION SERVICES
PALM SPRINGS STORM DRAIN LINE 22, STAGE 2
CITY PROJECT NO. 07-15
I. BACKGROUND INFORMATION AND GENERAL DESCRIPTION
The City of Palm Springs, California is requesting proposals from qualified firms or individuals to
provide materials testing and inspection services required during construction of the Palm
Springs Storm Drain Line 22, Stage 2, City Project No. 07-15. This project is currently
advertised for construction bids with a bid opening date of March 24, 2009.
The City will be administering and providing construction inspection of this project with its own
staff; this solicitation is limited to providing materials testing/inspection services related to Class
II aggregate base, asphalt concrete pavement, Portland cement concrete pavement, storm drain
pipe bedding, storm drain trench backfill, storm drain reinforced concrete outlet structure,
reinforced concrete retaining walls, and 48" CML/CMC welded steel effluent pipe.
II. PROJECT GOALS, SUMMARY AND SCOPE OF SERVICES TO BE PROVIDED
City Project No. 07-15 for which materials testing and inspection services are required consists
of the construction of a master-planned storm drain system extending through the Palm Springs
Wastewater Treatment Plant, with a new outlet into the Tahquitz Creek Golf Course. Upon
completion, the master-planned storm drain system will be owned and maintained by the
Riverside County Flood Control &Water Conservation District ("RCFC").
The selected firm will provide all materials testing and inspection services as required by the
plans and specifications prepared for City Project 07-15 by DMC Design Group and dated
September 17, 2008, for the following items:
Storm Drain Outlet Structure complete with Wing Walls, Cut-Off Wall, Trapezoidal Outlet
Protection Barrier, and Grouted Rip-Rap Protection (per Details Sheet 11);
• Reinforced concrete storm drain transition structure (1),
Reinforced concrete storm drain manholes (7);
• 66", 72", 78" and 84" RCP (2000D);
Storm drain pipe bedding and trench backfill (2,145 LF);
• 48" CML/CMC welded steel effluent pipe;
• Reinforced concrete retaining wall (APWA Std. 610-2, Type 1);
Portland cement concrete pavement;
Asphalt concrete pavement,
• Class II aggregate base;
Materials testing/inspection services will include but not be limited to soils compaction and
density tests, structural concrete, reinforcing steel, structural steel, metal fabrications, and
welding. All storm drain pipe bedding and storm drain trench backfill compaction shall comply
with the special provisions prepared for City Project 07-15.
The Contractor will have its inspector(s) report to the City's Representative each day materials
testing and inspection services are required. The inspector(s) will submit a daily report
indicating the time of arrival and time of departure, the type and quantities of the materials
2
GV
testing performed and any necessary test results and observations. Any defective work shall be
immediately reported to the Owner's Representative in writing.
It is the intention of the City to hire a firm that has personnel that can perform multiple tasks
while on site and thereby eliminate minimum charges.
III. PLANS AND SPECIFICATIONS:
Although not required in order to submit a proposal, if you wish to obtain a complete set of plans
and specifications, they are available at the City of Palm Springs Public Works and Engineering
Department, 3200 E- Tahquitz Canyon Way, Palm Springs, California 92262, phone (760) 323-
8253, ext- 8738 for a non-refundable fee of$100.00 for each set, made payable to City of Palm
Springs. Additionally, a complete set of plans and specifications is also available for inspection
at the City of Palm Springs, Public Works and Engineering Department.
IV. SCHEDULE
Notice for Request for Proposals posted and issued ..............................................March 6, 2009
Deadline for receipt of Questions .........................2;00 P.M., Friday, March 20, 2009
Deadline for receipt of Proposals...... . ...............................2:00 P.M., Friday, March 27, 2009
Short List/ Interviews (*if desired by City)............................. .................................................TBD
Contract awarded..... ... ................................. ... .. ....................................... TBD
V. MINIMUM QUALIFICATIONS AND REFERENCE CONTACT INFORMATION
The selected firm must have the requisite training and experience to provide the required
materials testing and inspection services.
The selected firm must have performed similar work on other projects and must include citations
for this work in the proposal submitted. Please include a project list with contacts, including full
name and current phone numbers, for all similar projects that have been completed in the past
five (5) years. Identify the key personnel who worked on the referenced projects and who are
expected to work on this project.
VI. PROPOSAL REQUIREMENTS
The selected firm's proposal should describe the methodology to be used to accomplish each of
the project tasks and services expected as defined in the Scope of Work. The proposal should
also describe the work that shall be necessary to satisfactorily complete the tasks and service
requirements.
Please note that this Request for Proposal cannot identify each specific, individual task required
to successfully and completely implement this project. The City of Palm Springs relies on the
professionalism and competence of the Proposing Consultant/Firm to be knowledgeable of the
general areas identified in the Scope of Work and of adequate competence to Include in its
proposal all required tasks and subtasks, personnel commitments, man hours, direct and
indirect costs, etc. The City of Palm Springs will not approve addenda to the Consultant's
agreement which do not involve a substantial change from the general Scope of Work identified
in this Request for Proposal.
The following criteria shall be observed:
O The submittal should not exceed 10 pages (sheets of paper), double sided (8'/z" by 11"),
including an organization chart, staff resumes and appendices, and cover letter-
Dividers, Attachment "A" and Addenda acknowledgments do NOT count toward the 10
page limit.
3
❑ One (1) unbound original plus Five (5) bound copies for a total of Six (6) proposals
are required. Facsimile (fax), email or other electronically transmitted proposals will not
be accepted.
❑ Responses to this Request for Proposal shall be organized into six categories as follows,
1. Information on the Firm. In this section the respondent shall provide a brief
introduction, address the size of the firm, the number of years in business, the
availability of the firm to perform the tasks and services requested, and the history of the
firm. A brief statement of the respondent's understanding of the work shall be included,
along with key contact information (address, phone, fax, and email).
2. Key Personnel. Provide a brief resume for each of the key persons proposed to work
on this project. Credentials of corporate executives or firm principals are not necessary
or desired unless these individuals will play an active role in the proposed project. Any
key sub-consultants proposed should be identified, and information on their respective
role in the project shall be included.
3. Past Experience/References. In this section, the respondent should list no less than
five (5) previous projects to be used as references. The projects listed should
demonstrate specific experience with the proposed scope of services contained in this
RFP. Please highlight areas of special expertise and any unique qualifications. A
contact name and current phone number for each reference shall be provided.
4. Understanding of Scope of Work and Work Proposal. In this section, proposers
are requested to demonstrate their understanding of the materials testing/inspection
services requested in the general Scope of Work, and provide a detailed Work
Proposal/Approach to accomplish the tasks.
5. Local Preference. Pursuant to the City of Palm Springs Local Preference
Ordinance 1756, in awarding contracts for services, including consultant services,
preference to a Local Business shall be given whenever practicable and to the extent
consistent with the law and interests of the public. The term "Local Business" is defined
as a vendor, contractor, or consultant who has a valid physical business address located
within the Coachella Valley, at least six months prior to bid or proposal opening date,
from which the vendor, contractor, or consultant operates or performs business on a
day-to-day basis, and holds a valid business license by a jurisdiction located in the
Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on
the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San
Bernardino Mountains an the east and north, For the purposes of this definition,
"Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated
areas between Banning and the City of Palm Springs. Post office boxes are not
verifiable and shall not be used for the purpose of establishing such physical address.
The contractor or consultant will also, to the extent legally possible, solicit applications
for employment and proposals for subcontractors and subconsultants for work
associated with the proposed contract from local residents and firms as opportunities
occur and hire qualified local residents and firms whenever feasible. In order for a Local
Business to be eligible to claim the preference, the business MUST request the
preference in the Solicitation response and provide a copy of its current business
license from a jurisdiction in the Coachella Valley.
4
ar .
6. Cost Proposal. The City does not have specific budget expectation at this time and
is relying on the vendor community to provide cost proposals. In this section, proposers
shall include a detailed cost estimate for completion of the scope of services with cost
breakdowns by scope element. All professional fees, hourly rates, travel costs, clerical &
communications costs, and any other "special" costs must be clearly identified and
defined. In addition, an hourly rate for any additional services that were not originally
requested in the Scope of Work, but may be added at the discretion of the City, shall
also be included. Note that the Cost Proposal, including all fees and compensation shall
remain firm for a minimum of 90 days from the proposal submission deadline.
❑ The prospective Consultant shall designate, by name, the project manager to be
employed for this project. Substitution of the project manager by the selected
consultant will not be allowed without prior approval by the City of Palm Springs.
❑ All proposals must be received in the City of Palm Springs, Division of Procurement and
Contracting by 200 P.M., LOCAL TIMI=,,_FRI_bAY_MARCH 27, 2009. Proof of receipt
before the deadline is a City of Palm Springs, Division of Procurement and Contracting
date stamp. It is the responsibility of the Proposer to see that any proposal sent through
the mail shall have sufficient time to be received by the Procurement Office prior to the
proposal due date and time. Late proposals will be returned to the Proposer unopened.
Proposals shall be clearly marked and identified and must be submitted to:
City of Palm Springs
Division of Procurement and Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Craig L. Gladders, C.P.M., Procurement& Contracting Manager
QUESTIONS: Proposers, their representatives, agents or anyone else acting on their
behalf are specifically directed NOT to contact any city employee, commission member,
committee member, council member, or other agency employee or associate for any
purpose related to this RFP other than as directed below. Contact with anyone other
than as directed below may be cause for rejection of a proposal.
ANY questions, technical or otherwise, pertaining to this Request for Proposal must be
submitted IN WRITING and directed ONLY to:
Craig L. Gladders, C.P.M.
Procurement& Contracting Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Craig.Gladders(d),palmsprin s_C_a"gov
Interpretations or clarifications considered necessary in response to such questions will
be resolved by the issuance of formal Addenda to the RFP. The deadline for all
questions is 2:00 P.M., Local Time, Friday, March 20, 2009. Questions received after
this date and time may not be answered. Only questions that have been resolved by
formal written Addenda via the Division of Procurement and Contracting will be binding.
Oral and other interpretations or clarifications will be without legal or contractual effect.
❑ Each proposal must include two sealed envelopes.
5
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Envelope#1, clearly marked "Work Proposal", shall include the following items:
• Completed Signature authorization and Addenda Acknowledgment (see
Attachment A)
Technical proposal — describe in detail your approach and understanding of all
necessary tasks and steps involved in the project; include a list of deliverables
• Related Experience; include relevant experience date, name of agency, and
reference name/contact information
• If applicable, your specific request for Local Preference and a copy of a valid
business license from a jurisdiction in the Coachella Valley.
Envelope#2, clearly marked "Cost Proposal", shall include the following item:
• Note: Funding for the Work is with all local funds and, as provided under
City Charter, will NOT require compliance with the prevailing wage
requirements of the State of California.
• List the hourly rates (or other rates as they may apply) for each type of on-site
inspection that you propose to perform in conjunction with the plans and
specifications for this project.
• List the unit cost for each type of test you propose to perform on-site.
• List the reports that you propose to prepare for this project and note any
additional costs that may be incurred for the preparation of these reports.
• List any reimbursable expenses the City may incur.
• List any additional costs, such as drive time, that the City may incur in
conjunction with the duties of the Materials Testing and Inspection firm.
• Complete the "Pricing Exercise" attached hereto as Attachment "C" utilizing the
rates schedules offered in your proposal.
• Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment "A"
is to be included in Envelope#1.
Important Note: The selected firm will be required to enter into a contractual agreement,
inclusive of insurance requirements, with the City of Palm Springs in accordance with the
standard Professional Services Agreement — Attachment "B" hereto. Please note that the
Exhibits in the sample contract are intentionally not complete and will be negotiated with the
selected firm and will appear in the final Professional Services Agreement executed between
the parties. Any exceptions to the language contained in the RFP document, sample
agreement, including the Insurance Requirements, MUST be included in the Proposal submitted
and clearly defined. Exceptions to the City's standard boilerplate professional services
agreement, including the insurance requirements, may be considered in the evaluation process.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of the
award. If the highest ranked firm refuses or fails to execute the Agreement, or negotiations are
not successful, the City may, at its sole discretion, enter negotiations with and award the
Contract to the second highest ranked Proposer, and so on.
VII. RESPONSIBILITY OF PROPOSER
All project proposers shall be responsible. If it is found that a proposer is irresponsible (e.g., has
not paid taxes, is not a legal entity, submitted a proposal without an authorized signature,
falsified any information In the proposal package, etc.), the proposal shall be rejected.
Vill. CONSULTANT SELECTION
6
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v:.
❑ Each proposal will be reviewed by an evaluation committee to determine if it meets the
proposal requirements. Failure to meet the requirements for the Request for Proposal may be
cause for rejection of the proposal.
❑ The evaluation committee may, at its sole option, ask for interviews or oral presentations
by any proposer(s) participating in this process. Attendance at any such interview will be at the
Proposer's expense.
❑ A final selection of the consultant will be determined following review of all work
proposals and/or formal oral presentations. The evaluation committee will make a
recommendation of the selected consultant for a contract to be awarded by the City Council.
❑ The selected consultant will work closely with City staff throughout the duration of the
project. A consulting firm will be selected for final negotiation of a contract based upon the
following factors:
• Project Understanding: Degree of understanding of the project and familiarity
with the area, understanding of materials testing and inspection for public works
projects, specifically storm drain projects—(30%).
Scope of Work: Outline of required materials testing and inspection services
necessary to ensure construction in accordance with the plans and specifications
--(30%).
Project Managers/Staff Qualifications: Qualifications of the staff assigned to
provide services related to the project—(25%).
Firm Qualifications/Consultant References, Past experience in projects
related to the outlined Scope of Work—(15%).
• Local Preference: If applicable, a firm that meets the requirements of a Local
Business as defined by Ordinance 1756 and requests such preference in writing
with their solicitation—(5%).
• Project Cost: The project cost will be considered after selection of the best
proposals; no weight shall be given to the cost in the selection or ranking of the
consultants. A contract shall be negotiated with the selected consultant on the
basis of the submitted cost proposal, and in consideration of reasonable and
mutually agreed project costs and time requirements.
❑ Award of Contract: It is the City's intent to award a single contract to the firm that can
best meet the requirements of the Request for Proposal document. The City reserves the right
to award a contract to multiple firms or a single firm or to make no award, whichever is in the
best interest of the City. It is anticipated that award of the contract will occur at the next regularly
scheduled City Council meeting after the evaluation committee has made its final selection of
the consultant to be recommended for award and a contract has been satisfactorily negotiated
for consideration. The decision of the City Council will be final.
❑ Public Record: Proposer's attention is drawn to the fact that all proposal documents
submitted are subject to the California Code Section 6250 et seq., commonly known as the
Public Records Act. Information contained in the proposals may be made public after the
review process has been completed, negotiations have concluded and a recommendation for
award has been officially agendized for City Council consideration, and/or following award of
contract, if any, by the City Council.
❑ Cost related to Proposal preparation: The City will NOT be responsible for any costs
incurred by any Proposer in the preparation or submittal of their respective proposal.
7
v
D Business License: The successful proposer will be required to be licensed in
accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter
3.40 through 3.96, entitled "Business Tax".
0 Proposal informalities or defects: The City of Palm Springs reserves the right to
waive any informality or technical defect in a Proposal and to accept or reject, in whole or in
part, any or all Proposals and to advertise for new Proposals, as best serves the interests of the
City.
❑ Investigations: The City reserves the right to make such investigations as it deems
necessary to determine the ability of the Proposer to perform the Work and the Proposer shall
furnish to the City all such information and data for this purpose as the City may request. The
City reserves the right to reject any Proposal if the evidence submitted by or investigation of
such Proposer fails to satisfy the City that such Proposer is properly qualified to carry out the
obligations of the Contract and to complete the Work contemplated therein.
a Signed Proposal and Exceptions: Submission of a signed Proposal will be interpreted
to mean that Proposer has hereby agreed to all the terms and conditions set forth in all of the
sheets which make up this Request for Proposals, and any attached sample agreement.
Exceptions to any of the language in either the RFP documents or attached sample agreement
must be submitted with the proposal and clearly defined. Exceptions to the City's RFP
document or standard boilerplate language, terms or conditions may be considered in the
evaluation process.
a
of v�tM so
0,,
REQUEST FOR PROPOSAL (RFP 17-09)
FOR
MATERIALS TESTING & INSPECTION SERVICES
PALM SPRINGS STORM DRAIN LINE 22, STAGE 2
CITY PROJECT NO. 07-15
ADDENDUM NO. 1
This Addendum is being issued for the following changes and informational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING
CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF
THE CONTRACT DOCUMENTS.
CLARIFICATION OF INSTRUCTIONS TO PROPOSERS:
CORRECTION, PAGE 7, "SCOPE OF WORK":
The following shall be stricken:
"Scope of Werk� QYtliRe of r al re materials t8SflRg 2Rd i eetleR
�P�
e L t._ ae . 6#U1Gt1.... AFd_2RGe With the ..laRS
e �
and speefficatie.-s-
°o-)
And shall be replaced with:
• "Scope of Work. Outline of required materials testing and inspection
services necessary to ensure construction in accordance with the plans
and specifications--(25%).
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L- Gladders, C.P.M.
Procurement & Contracting Manager, Date: March 11, 2009
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: -Date.-
Authorized Signature:
Acknowledgment of Receipt of Addendum 1 is required by signing and including the
acknowledgment with your proposal. Failure to acknowledge this Addendum may result
in your proposal being deemed non-responsive.
m �
T
rF YALhq 3 •
,q +r•ou
REQUEST FOR PROPOSAL (RFP 17-09)
FOR
MATERIALS TESTING & INSPECTION SERVICES
PALM SPRINGS STORM DRAIN LINE 22, STAGE 2
CITY PROJECT NO. 07-15
ADDENDUM NO. 2
This Addendum is being issued for the following changes and informational items:
THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING
CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND
INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF
THE CONTRACT DOCUMENTS.
CLARIFICATION OF INSTRUCTIONS TO PROPOSERS:
CORRECTION, PAGE 4, "LOCAL PREFERENCE":
The following shall be stricken:
S. Local Preference (second paragraph) T-he—sontra4atan or—cansultarfit—wilt
else, to the le-W-11J, rpossible, selielt appileatiens for employment and
qualified IGGal Fe Si deRts .,.d fiFFRS ...heffeveFfeasible. lR GFd,deF f-. —i
And shall be replaced with:
5. Local Preference (second paragraph) The contractor or consultant will also,
to the extent legally possible, solicit applications for employment and proposals
for subcontractors and subconsultants for work associated with the proposed
contract from local residents and firms as opportunities occur and hire qualified
local residents and firms whenever feasible.
The full local preference will be awarded to a Local Business. 1, 2 or 3 points
may be awarded to a non-local business that employs or retains local residents
and firms for this project.
In order for a business to be eligible to claim the preference, the business MUST
request the preference in the Solicitation response and provide a copy of
its current business license (or of those it employs for this project) from a
jurisdiction in the Coachella Valley.
CORRECTION, PAGE 7, "LOCAL PREFERENCE,":
The following shall be stricken:
• I OCR,, off.... If appliGabk--a-#R+what ., eet$ the 0 0.,+�,_„r a}
Business efere g
ash their$Gli itatiGR
And shall be replaced with:
Local Preference: If applicable, a firm that meets the requirements of a Local
Business as defined by Ordinance 1756 and requests such preference in writing
with their solicitation - (up to 5%).
CORRECTION, PAGE 5, "QUESTIONS":
The following shall be stricken:
" Mi#n r
And shall be replaced with:
• Contact with anyone other than as directed below will be cause for rejection of a
proposal.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Craig L. Gladders, C.P.M.
Procurement & Contracting Manager, Date: March 18, 2009
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: Date:
Authorized Signature:
Acknowledgment of Receipt of Addendum 2 is required by signing and including the
acknowledgment with your proposal. Failure to acknowledge this Addendum may result
in your proposal being deemed non-responsive.
'7
EXHIBIT "C"
CONSULTANT'S PROPOSAL
25
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vJ
i
Table of Contents
J 5ourhcrn So,l&Tc,Gng.he. � I. AttachmentA
Serving[he Soo-rhern Col!(arnla area(cr SO years
-1 2. Firm Information
3. Key Personnel
i
]]II 4. past Experience and References
._1 S. Understanding Scope of Work and Work Proposal 1
I I
`•• & Local Preference
7. Cosy proposal(In Separate Envelope)
Attachment C-Pricing Exercise
(� Fee Schedule
l�
Geotechnical Services
Soils&Materials Testing Services
Special Inspection services
Third Party QAlgc Services
Forensic Investigation Services 1,r'ry+71
IC'+T
Sourhel'n California Sail&TesdnL Inc
Serving rho S9utheen Cchrormo ame for 50 years I March 27,2009 SCS&T 091SO 16 ,
City of Palm Springs
iz�•' * Division of Procurement and Contracting }
_ s Mr.Craig L.Gladders,Procw•ement&Con[racdrtg Manager
1
3200 FastTahqula Canyon Way
Palm Springs,CA 92262
I I
I RR: Request for Proposals#17-09,Materials'Testing I Inspection
Services Palm Springs Storm Drain Line 22,Stage 2
A+ nue 44nee, Golf Cenrer Pjrl y,
Dear Mr.Gladders:
Southern California Soil&Testing,Inc,is pleased to submit our qualifications
and proposal package to the City of Palm Springs to provide Materials Testing
and Inspection Services for the Storm Drain Line 22,Stage 2 project -
SCS&T is prepared and qualified to provide the City of Palm Springs,and
ultimately the Riverside County Flood Control,with comprehensive and
efficient engineering services related to Materials Testing and Inspection- Our
firm has the experience and expertise in providing services equivalent to those _
audined in the City's Scope of Services,which include but are not limited I
to,soils compaction and density tests,structural concrete,reinforcing steel, 1
structural steel,metal fabrications,and welding.
One of the mutual benefits in mraining our services is SCS&T's emphasis j
on employee retention. Our technicians and inspectors are full-time,multi- { )
carded employees committed to the firm's 5uccem Many of our employees
have been with the firm for over 20 years.Their longevity,experience,and
1 possession of multiple certifications offers dients the advantage of being able
to perform multiple tasks on site,which can eliminate excessive field personnel '
and exorbitant fees. In addition,seeing the same inspectors,technicians,and
engineers throughout the life of a project helps to build continuity,which leads S I
to a clear understanding of overall project goals.
I
SCS&T offers the knowledge,experience and resources to provide the City of ^3 1
l
Palm Spring with the professional engineering services required for successful
project delivery.
SCS&T is a CertiCrod Small Business If you have any questions,or if we can provide you with any additional 5
Enterprise(SEC)through the Sure,of California, information,please contact us. Our proposal to provide professional services h.j
and a SCOOP Certified Snail au:ine:, shall be valid for a period of 90 days from today's date. I will serve as SCS&Ts
Project Manager,and can be reached at jetone@scstcom(c)760.554.3200(o)
5AN DIEGO OFFICp 760.775-5983 (f)760.775.8362. i
PO.Box 600627 -•3
San Diego,CA 92160-0627 Thank you for your time and consideration.
6290 Riverdale 6rrou
San Diego,CA 92100 Fv
Respectfully,
P.61%UOA3m Southern California Sail&Testing,Inc,
P.619,28n43;1
F 619220 4717 I'C7
r
INDIC OFFICE G^N
83.740 Cleus Avenue,Su,mG ames f.St c,RCE,RGE
mdro.CA 92201aa3e Principal Geotechnical Engineer
P-76om59B3
F.760.77S.a362
•n
1
lI. Attachment
ATTACHMENT"A"
RFP 17-09
1 MATERIALS TESTING AND INSPECTION SERVICES
1 PALM SPRINGS STORM DRAIN LINE 22, STAGE 2
CITY PROJECT NO. 07-15
j } "NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED WITH YOUR PROPOSAL"
SIGNATURE AUTHORIZATION
NAME OF PROPOSERIFIRM;
Southern California Soil &Testing, Inc`
L ,
�1 A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs
J for the above listed individual or company. I certify that I have the authority to bind
myself/this company in contract should�I besuccessful in my proposal.
� IGNATURE^-�--
i
I
ames�Stone, RCE, RGE
PRINT NAME
B. The following information relates to the legal contractor listed above, whether an
11 individual or a company. Place check marks as appropriate:
1. If successful,the contract language should refer to me/my company as:
W An individual;
A partnership, Partners' names:
A company;
X A corporation
2. My tax identification number is: 952240733
ADDENDA ACKNOWLEDGMENT: ^^`
DAcknowledgment of Receipt of any Addenda issued by the City for this RFP is required by
including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued
r.
may result in your proposal being deemed non-responsive.
JFIn the space provided below, please acknowledge receipt of each Addenda:
Addendum(s)#_I is/are hereby acknowledged.
i � i
2. Firm Informaticin
S,nc� 1939... Introduction:
i
Southern California Soil&Testing,Inc.(SCS&• ) is a highly respected professional
engineering firm committed to providing client-oriented services and engineering
excellence through a collaborative spirit that is focused on the community and
environment of its clients.The firm is a California Certified Small Business
Enterprise chat has provided services in Southern California for 50 years. SCS&T
specializes in geocechnical engineering,soils and materials testing,special
inspection,and third-parry quality assurance services. $CS&T has successfully I
r };y?i„i�}�y" .'r'" - completed over 40,000 projects,which can be attributed to the technical and '
i
m'.'p "too' I analytical knowledge of our staff,combined with 50 years of experience with local
Palm Sprinss InMrmtiomfAlrpor: conditions and agencies. - '}
Locations: 83-740 Citrus Avenue,Suite G 6280 Riverdale Street
Indio,CA 92201-3438 San Diego,CA 92120
. „ r 3 ! P:760.775-5983 P.619.280.4321
IA
r6::iy„ }
,r •�•, s^�w P;760,7758362 F.619.280.4717
^ rvam�+� '"" „
+Z^:,y, wwwacsccom
Size of the Firm; 68
Business Established: 1959 (50 years in business)
CIy onndio 1
Availability to Perform Tasks and Services:
SCS&T utilizes scheduling software chat is updated on a daily basis for efficient
management of field,laboratory,and office personnel.The daily schedule is -1
available to all employees on SCS&T's internal network,anywhere they have
an internet Connection,enabling us to maximize personnel utilization,avoid r"y
duplication,and accommodate any last minute requests. SCS&T also has Complete )
management software that nn[rack project progress,budgets,schedules,and
accounting on a daily basis. Reports are available weekly,or more frequently as
ourwaeer ofsultt needed,so that SCS&T's Project Managers have the information necessary for
. tracking project activity- Y f
Many of our employees have been with the firm for over 20 years. Our
technicians and inspectors are full-time employees committed to the firm's
success, Over 70 percent of our staff are licensed or registered by state and `..
regulatory agencies. 15 percent of our staff resides in the Riverside County area.
I Utilizing the combined staff and equipment,our team can effectively manage over '
60 projects on a dail basis. Current we are performing at about 50 f;S
y y p g percent of
that capacity averaging 30 projects daily.
e;.
Understanding of the Worlc
Southern California Soil&Testing,Inc. I
Southern Californio v
Prondmg profol engineering servrces m , We the respondent,understand the work shall include materials testing and
rnia far 50 years I =p
inspections services that will be comprised of,but not limited to,soils compaction EtE?''p
SCS&T is a Certified Small Business and density tests,structural concrete,reinforcing steel,structural steel,metal L
Enterprise(SSE)through the Sate of Califorma, fabrications,and welding.This work will be provided in accordance to the plans
and a SCOOP Certified Small Business. and specifications prepared for the City by DMC Design Group dated 177
September, 17,2008. �hq
Member of the Cafiforma Couneil&Testing&
Inspection Agencies(CCTIA) James Stone will serve as Project Manager and will be the key oom;act for the City
of Palm Springs. Mr.Stone can be contacted at:
83-740 Citrus Avenue,Suite G (C)760.554.320D
y c:
India,CA 92201 (0)760.775.5983
jstone@scst.com (F) 760775.8362 :r "v
ail
3. Key Personnel
1
F1 -
1 ¢'gl
r Resume
J --Jaynes J.'Stone,RGE,RCE (Jim)
Experience&Responsibilities
Jim has 40 years of construction industry experience and has been in the
geocechnical field since 1969, He has been employed with SCS&T for ten
Gry of Rancho Mir,Wh,.iaar Rlacr years working on a variety of project types 1pouding.infrastructure and public
1 Channel South Bank works,educational,residential,healthcare and governmental. He has worked
on numerous projects for various municipalities and agencies,which include the
.-� Cities of Palm Springs,San Diego,Indio,Poway,and Costa Mesa;the Counties of
James J.Scone,RGE,RCE Riverside and San Diego;and Caltrans and SANDAG,
Principal Geor ahnical Engineer
As Principal Geotechnical Engineer,Jim is responsible for the management
j EDUCATION: of geotechnical engineering studies and investigations,including foundation
JI Uni.r:xy ofHownfi at Manou investigations,slope stability analyses,structural distress assessments,site
Graduate stvdam%Ocean Enginccring remediation evaluations,and forensic studies-Jim has consulted on hazardous
waste site characterizations and clean-up projects,
Son Jose Store University
MS,Geerechnlcal Engineering Project Experience
university of Santo Clore Jim has served as SCS&Ts Principal Geotechnical Project Manager for the
BS,Civil Engineering following projects; '
CERTIFICATIONS: City Of Palm Springs
Registered Gcotechnical Engineer -Vista Chino Widening
sia a of California#t808 -Golf Club Drive culvert reconstruction
-New animal shelter
Registered Civil Engineer -Phases 1-111 of the Palm Springs International Airporc mascerplan-Phases
State of California f125081 1 and II involved expansion of security checkpoint from two to six
lanes,a second concourse,new holding room for regional airlines to
ADUITIOMALTRAINING: accommodate 7 to 12 aircraft,and airport security wall- Phase III
40 Move HAZWOPRTraining included improvements,modifications,and rehabilitation of terminal
MSHA 8 Hour Mine safety Cavrae complex including 6.500 square feet of new floor space.
SHIP5&ASsoeIATIONS: • County of Riverside Southwest Sedimentation Basin at Badlands Sanitary
MEMI3ER
American Society of Civil Engineer N5: Landfill-New sedimentation basin to ensure the Badlands Landfill
remains compliant with the requirements of the EPA Construction
AWARDS&PUBLICATIONS; I General Permit and Code of Federal Regulations. Project included a
California Geotechnical Engineers Association 35400t high spillway embankment with drain-pipe and riser;the flattening
Projecrof theYear 1996 of a landslide slope within the basin grading limits;and construction of a
Journal of Geotechnical and Geoenv,rnnmencal buttress along die landslide toe limits;and construction of associated
Engineering 1997"UquehNon Failure and .drainage Structures, .
Rennediadon:King Harbor Redondo Beach, • Santa Fe Irrigation District Capital Improvement Projects-SCS&T has
Caiitornia" been providing geotechnical,special inspection,and materials testing
services to the District for over 13 years.
Fairbanks Ranch water valve replacement phases I and 2
-Replacement of,pipeline with 3,340 linear feet of 12..inch pipeline atVia
de Fortuna and La Crescenta
-Marvlem Ford,and Canyon pipelines
- Valley Avenue waterline repair
-3,48Q linear.feet of waterline replacement
Glenmont Reservoir warehouse
ILJf City of Rancho Mirage Whirewater River Channel South Bank,-
Improvements to Whirewater,NYer..Channel South Bank including
excavation of the channel bank to design grade,construction of a six-inch
reinforced concrete slope protection mat,placement of soil back-fill to
finish grade above mat,and construction of three-inch concrete slab pilot
channel reinforced with welded wire mesh. f
3. Key FersonneG
Resume
James J.Stone,RGE,RCE Oim)
, City of Sari Clemente
-New storm drains and storm drain irnprovremenrs on Avenida Palizada,
Avenida Cabrillo,and Avenida de la Riviera
MINE[ J -Pavement evaluations for C31le Lcuela.Calle Sandia,Callia Del Juego,
4 Avenida La Cuesta,and Bella Loma
City of an Clemeate A�envdz de]a
Aw."sporni D.i. i - City of Indio On-Call Contract-SCS&T has been providing professional
services for various Capital Improvement Projects for die City and
Redevelopment Agency since 2005 including:
-Storm drains at Sungold&Indio Boulevard,and Jackson Street
Janes),Stone,RGE.RCE
Principal Gugtuchnicil Engineer -City-Wide Street Rehabilitation Program Phases I-VI
-Avenue 48 Bridge Improvements
EDUCATION: Slurry seal at Avenue 46rh&Shields Road and type I REAS Slurry for wet
Univcryny of Hawaii at Adionea track abrasion testing f5r Phase A of the road rehabilitations
Gradvato5cudios,Ocean Engineering j Jackson Street overhead and overcrossing repair and retrofit
Downtown Indio Phase I Improvement projects
Son J-5c State Univ=1ty Geciteizlinical investigation for six city parks and geotechnical testing during
construction for three of Elie parks
MS Gcccc�hniol Engineering Light post bases at the Indio Municipal Golf Course
University of Sgntd Cram 12,500 square-foot,four-acre Indio Teen Center including parking
ss,Civil Fngimarlilg counseling(resource center,multi-purpose roams,two conference rooms
internee cafe,and basketball court
CERTIFICATIONS: • OmyWatiar District On-Call Contract:-SCS&T has been providing
RcifiStered Geotechni,,sil Engineer geotechnical,materials testing,and third party QA/QC services to the
sate of cahrarn..'#eoe District since 2007.including:
4MG proposed reservoir rank.
Rcifistamid Civil Engineer Relocation of utilities along Olive Vista Drive and a private development
sate of California tZ08 l on the corner of Olympic Parkway and SancaVeneria in Eastlake
1296-3 reservoir and 36-inch pipeline from the San Diego County
ADDITIONALTRAINING: Water Authority's Flow Control Valve No. 14 to Regulatory Alignment
40 Hour HA7WOPRIraning I CIP P2009
NSHA 6 Hour Nine Safety Course Installation of a gate valve onto a 12-inchACP waterline on Maxwell t
Road
MEMP1ER5HIP5&ASSOCIATIONS:
Installation of three,two-inch diameter saddles for domestic and
Amonc,,n Soclecy of Owl Engineers(A5CE) potable water inserted into an existing 12-inch ACP along Maxwell
Road
AWARDS&PURI-ICATIONS:
City of Pomona
California Gooi:ocltnlciil Engineers Assonaoon -Districts 1,4&6 Water Main Replacement-Design services for three
Pmj=of the Year 19% groups of water main replacements,including replacement of four-inch
Journal 6F G*0WClhni=%l and Geoenvironniencal cast iron pipe with six-and eight-inch ductile iron pipe in Water
Engineering 1997"Liquefaction Failure and
Districts 1.4 and 6
Remediarion.King Harbor Redondo Ben
Districts 3&4 Phase I Sewer Main Replacement-Design services for
five groups of improvements including replacement 8-and 12-inch
vitrified clay pipe with,12-andA 5-inch ViErifiled clay pipe.in Districts 3&
4
City of Costa Mesa-Various projects for both the City and Kabbala
Engineering including,
New 5mcm dmln.,on Fair Drive
Reconstruction of FamonaAyanueand.IiBdn Street and Newport
Boulevard If
Rehabilitation of South Coast Drive and Hamilton Street,Magnolia lil
Street,Adams Avenue and Bristol Street,and the Parking Lot District
• Lalce Hodges Pipeline,Funnel,&Hydroelectric Plam San Diego-
Hydroelectric plant.pump:srarion,and connecting pipeline in Lake
Hodges,The project was the final portion that completes the water
transmission pipeline and tunnel from Lake Hodges to the Clivenhain
Dam.
M
1
l3. Key Personnel
Resume
Ron 6audour
Experience&Responsibilities
^1 a I x "~ �•Rw
d•
�• '',: .aars.�` Ron has been in the industry since he joined SCS&T in 1983,having a solid
.,
k�; �F" i base of construction knowledge and expertise as it relaxes to cesdng and
1 Ye y materials. As Regional Director of Laboratory Servites,Ron schedules special
o w, oi:b�y inspections and coordinates the responsibilities in our San Diego and Indio
laboratories to meet the challenges of varying workloads and conditions. He is
responsible for maintenance and procurement of any equipment required for
J
eon eaudour certification and/or approval by the various licensing agencies,such as Cement
J Concrete and
Laboratories(CCRL),American Society for Testing and
Laboratory Mynager
Materials (ASTM),Calrrans,and the American Association of State Highway
CERTIFICATIONS Transportation Officials(AASHTO), Ron maintains approval by all of the
JAmerican Concrete Institute(ACI) relevant regulatory and licensing agencies.
Grade 1#997818
Concrete Strength Testing technician 9997818 Project Experience
Concrete LaboratoryTesnng Technician
Grade 1#597318 As Regional Director of Laboratory Services,Ron has been involved in
(• numerous projects throughout his 25 year tenure with 5CS&T The following
jCancans Testing Methods projects highlight some of the educational facilities where Ron served as
I� Nos.106,201.20a,216,217,301.304.308369, Laboratory Manager;
L 366.370,382,509,518,521,523,523.2,533,539,
540.556,557 I Santa Fe Irrigation District Capital Improvement Projects-SCS&T has
_ 1 been providing geotechnical,special Inspection,and materials testing
Troxler Certified services to the Disvict for over 13 years.
Nuclear Gauge Certified#3329.80 -New,54-inch waterline from the Badger Plant to the San Dleguito
Reservoir
r� Roofing Consultants Insgimce(Req -Fletcher Cave waterline relocation
Qual'ny Astiennce 0bser•,er*10829 -Marview,Ford,and Canyon pipelines
Valley Avenue waterline repair
MEMBERSHIPS&A550elATIONS -Fairbanks Ranch water valve replacement phases I and 2
American Cono•ete Insacure(ACI) City of Palm Springs
Roofing Consultants Institute(RCP -Vista Chino Widening
Asphalt PavernentAssociation(ARA) -Golf Club Drive,culvert reconstruction
-Phases 1-III of the Palm Springs International Airport masterplan-Phases
I and 11 involved expansion of security checkpoint from two to six
lanes,a second concourse,new holding room for regional airlines to
accommodate 7 to 12 aircraft,and airport security wall. Phase III
n included improvements•modifications,and rehabilitation of terminal
=LJf complex including 6,500 square feet of new floor space.
• Otay Water District On-Call Contract-SCS&T has been providing
geotechnical,materials testing,and third party QA/QC services to the
(� District since 2007,including.
{L-tl -Relocation of utilities along OliveVism Drive and a private development
on she corner of Olympic Parkway and Santa Venetia in Eastlake
- 1296-3 reservoir and 36-inch pipeline from the San Diego County
Watcr Aurhonry's Flow Control Valve No. 14 to Regulatory Alignment
CIP P2009
-Installation of a gate valve onto a 12"inch ACP waterline on Maxwell
Road
-Installation of three,two-inch diameter saddles for domestic and potable
water inserted into an existing 12-inch ACP along Maxwell Road
• Lake Hodges Pipehne,Tunnel,& Hydroelectric Plant,San Diego-
j"j Hydroelectric plant,pump station,and connecting pipeline in Lake
dL 1! Hodges.The project was the final portion that completes the water
transmission pipeline and tunnel from Lake Hodges to the Olivenhain n�.,
Dam- la 1
S��
5
i
3. Key Personnel
James Sanchez
Resume
Soils Technician James Sanch Cz airnmy)
CERTIFICATIONS:
Tmxler Certification Experience& Responsibilities
Nudcar C awgr,4417S7
i Jimmy has been in the construction industry since 1998. His prior experience
American Concrttc Institute(ACIj includes working for a grading conrmaor where he operated heavy equipment
Grde 1 and assisted with mechanics. Jimmy has additional experience as a rile setter,
and was also a customer services representative for a local homebuilding;.,
company. Jimmy joined SCS&T in 2004• His responsibilities as a soils technician
include soils observation,inspection,and testing,as well as grading,backfill,
underground utilities,and asphalt testing.
Project Experience
- 1
• City of Indio On-Call Contract-SCS&T has been providing professional
services for various Capital Improvement Projects for the City and
RedevelopmentAgency since 2005 including. ,}
-Storm drains at Sun" Id&Indio Boulevard,and Jackson Street. I
-Geotechnical investigation for six city parks and georechnical resting . l
during construction for three of the parks.
-City-Wide Stt Rehabilitation Program Phases I-VI-
-Avenue 48 Bridge Improvements.
-Downtown Indio Phase I Improvement projects. 1
City of Palm Springs
-Golf Club Drive culvert reconstruction
-Phases 1-111 of the Palm Springs Inrernarionaf Airport 1 l
• Santa Fe Irrigation District Capital Improvement Projects-SCS&T has -
been providing geotechnical,special inspection,and materials testing
services to the District for over 13 years. j
-3,430 linear feet of waterline replacement_
11 City of San Clemente
-New storm drains and storm drain improvements on Avenida Palizada,
Avenida Cabrillo,and Avenida de la Riviera 1
Ismael Gonzales Resume c
Soils Technidan
Ismael Gonzales
CERTIFICgYIONS: :,5
Tmxlcr Certification Experience&Responsibilities
Nuclear Gauge*12715 —r .
Ismael has been in the construction industry since 1996, and in the
M
American concrete Institute(ACI) I geotechnical field since 1998,when he joined SCS&T. Previous experience
Grade I lktl 10892,1 in the industry consisted of underground construction.As aYSoils Techpician,
Ismael performs soils observation,inspection.and resdngof grading,backfll,
underground utilities,and asphalt testing
Project Experience
• Santa Fe Irrigation District Capital Improvement Projects-SCS&T has ^
been providing georechnical,special inspection,and materials testing
services to the District for over 13 years.
-New 54-inch waterline from the Badger Plant to the San Dieguito ',,'
Reservoir
gas
• City of Poway Capital Improvement Proletrs
-Replacement and upgrading.of,ths warensystem,pipeliRe,water mains
and the addition of fire hydrants for additional fire protection in the
Green Valley area and an Via Molinero m:e'=J
-Oak Knoll Trunk Sewer replacement
s �
L-O 1
I
3. Key Personnel
1 Joseph RJolsrvd I Resume
Special inspector Joseph Kjolsrud Qoe)
_ CERTIFICATIONS-
City of Riverside Experience&Responsibilities
1
Structural
Masonry
P05.0 2Q Joe has over 32 years of Construction industry experience and has been
Structural Masonry cldinZ D020 employed with SCS&T since 2005. He worked for 19 ears as a�concreee
.� Struc[unl Steel&Welding#SP05.0020 y
estimator and general construction estimator in the Inland Empire. Other
International Code Council([CC) experience includes work for a Concrete construction company as a cement
Reinforced Concrete 4523073949 mason and concrete form carpenter. Skills include estimating,proposal
structural Masonry#5n0739-x4 preparation,purchasing.dispatch,field support and operations coordination.
jStructural Steel&Welding#5230789-85 r—-----
4 In his current role as a Special Inspector,Joseph's responsibilities include
American Concrete Institute(ACi) inspection of concrete,masonry,and welding.
` Grade 140039896
Project Experience
CPN Nucicar Gauge
Certdication 444682 City of Indio On-Call Contract-SCS&T has been providing professional
i
services for various Capital Improvement Projects for the City and
MEMBERSHIPS&ASSOCIATIONS: Redevelopment Agency since 2005 including
American Concrete Institute -Storm drains at Sun gold&Indio Boulevard,and Jackson Street
International Code Council -Well BB
Cl -Light post bases at the Indio Municipal Golf Course. ,
JCity-Wide Street Rehabilitation Program Phases I-VI.
-Avenue 48 Bridge Improvements.
• City of Coachella_projects include various sidewalk construction
ff throughout the city,and the Street Rehabilitation Program Phases 4&5,
1_ I • Palm Springs International Airport Phases I-III-Airport masterplan,
including expansion of security checkpoint a second concourse,new
holding room,airport security wall;and improvements,modifications,and
rehabilitation of terminal complex.
Michael Gcrrr,insky ' Resume
spcdnu�spcctor Michael Gernri
CERTIFICATIONS-
International &Responsibilities
p International Code Council(tCC)
(�3� Structural Masonry#offing#S274 Michael has been in the construction industryand with SCS&T Since 2006•
Sptay.Applled Frepmoing#52743D3436 Prior experience encompasses work as a customer service representative and
American Concrete Institute(ACI) order selector,which included quality Control and safety coordination,
Grade 1401068541 _Michael joined SCS&T in 2006. As a Special Inspector,Michael provides
MEMBERSHIPS&ASSOCIATIONS: inspection of concrete,fireproofing and masonry.
Amerion Concrete Institute
Internatlonal Code Council Project Experience
• City of Indio On-Call Contract-SCS&T has been providing professional
services for various Capital Improvement Projects for the City and
Redevelopment Agency since 2005 including:
-Storm drains at Sungold&Indio Boulevard,and Jackson Street.
well BIB
- City-Wide Street Rehabilitation Program Phases 1-VI,
-Avenue 48 Bridge Improvements.
• Palm Springs International Airport Phases I-III-Airport masterplan,
including expansion of security checkpoint,a second concourse,new
holding room,airport security wall;and improvements,modifications.and
jrehabilitation of terminal complex. �..
f J C S,
3. Key Personnel
4 . ra Resume
• '` '` '"" Anchon Wiant
Experience& Responsibilities
� I Anthony joined SCS&T in 2008.As a Laboratory Technician,Anrhony is
ceisk°; '•'fi;j.�t-:'x 'N:t:, °:\:•'-�ti"va)7�;k�, responsible for performing day-to-day testing in the laboratory,including sieve
i,?"ti�%: '.;•tip:;av j;;yt��<���;:�;t I
analysis,consolidation,direct shears,R-value,and LA abrasion testing. He i
Palm spr,rV ftn navomi&rporr Runways run all tests according to standards set by the Cement Concrete Reference
Laboratories(CCRL),American Society forliesting and Materials(ASTM),
Caltrans,and the American Association of State Highway Transportation
Anchonywiant Officials (AASHTO).
Labors miry Tedmcipr
Project Experience
� I
City of Indio On-Call Contract-SCS&T has been providing professional
services for various Capital improvement Projects for the City and
Redevelopment Agency since 7..005 including.
-Downtown Indio Phase I Improvement projects.
-Jackson Street overhead and overcrossing repair and retrofit.
� City of Coachella-Street Rehabilitation Program Phases 4&S.
City or Cathedral City,Sky Blue Waici-Trail-Sidewalk improvements
including construction of missing links on Sky Blue Watei-Trail at various
locations between 33rd Avenue and Ramon Road.
• Palm Springs International Airport Runways-Paving 5,000 linear feet of
Runway 13L-31 R.Taxiway F,and cross-connecting taxiways.
Palm Springs International Airport Phases I-III•Airport masterplan,
including expansion of security checkpoinga second concourse,new holding
room,airport security wall;and improvements,modifications,and
rehabilitation of terminal complex, i•"7
• Ironwood State Prison,Blythe-Construction of a new water mnlc i
!
I • 29 Palms Marine Air Ground Combat Center HQBC Armory-New
10.210 square-foot Armory for storage and routine maintenance of small
i arms and emergency gear,and loading dock. Facility will be divided into two '-!
units.
• Baseball Scoreboards at Mount San Jacinto Community College Pi5trict,
San Jacinto Campus. rv•J
• La Quinta Dune Palms Apartments,La Quinta- 15-acre project including i
218 affordable housing units in Four,three-story buildings with an
underground parkinggarage,community swimming pool,rest rooms.laundry j
facilities,and a basketball play area. lr"j I
• Aventine II,Coachella-One-and two-story single-family homes. (N
• Classic Party Rentals,Vanous locations in Riverside County-Vertical tension
and lateral resistance of stokes for rigid and semi-rigid event structures at
i various locations. r, Z
• Dink's Grill,Palm Springs-New restaurant in Palm Springs.
• Sun City Shadow Hills,Indio-One-story detached homes in an Active Adult
community. Facilities include fitness center,pool,clubhouse,and golr course. (~:f
• PGA Stadium-Tournament Club,La Quinta-21.534 square-foot,two-story ;
building,Tenant improvements and remodeling of dub in La Quinta,
JL
including stairs;locker rooms;bar,lounge,and dining area;and main entry.
New lower level;Grab&Go Convenience Market;patio and fire pit. f
C'.
i
f"(
ramp 4 i
4. Past Experience & References
i City of Palm Springs
New animal shelter.
• Vista Chino Widening_
Golf Club Drive culvert reconstruction-
+=�"„. Phases I-III of the Palm Springs International Airport master Ian-
hases I
11
six lanes,a sec second co course,new holding roomansion of security for rent from gional
giona alrliges to
uY,�45�gvrc.i44""mod"i`;S�atlt""W' g e8
accommodate 7 to 12 aircraft,and airport security wall. Phase III included
Gq of Indio Palm Sprrrg:Inn.madomlAvpoa improvements,modifications,and rehabilitation of terminal complex including
I " 6,500 square feet of new floor space.
Contact.Name:Allen Smoot Contact Phone:760.778,8456
I
Geotechnical Services,Geotechnical Investigation;Observation&Testing of Grading,
Subgrade,Backfll&Underground Utilities
Special Inspection&Materiols Tesling:Concrete,Welding,Masonry,Fireproofing,Past-
1_ Tension Concrete
Third Party QA/QC Services Rooting
L_1
II City of Palm Springs(Engineering Resources of Southern California,
Inc.)
• Vista Chino Widening.
Golf Club Drive culvert reconstruction. -
Ay a Contact Name:Bob Righeai Contact Phone:760.342-3019
l = _
Geotechnical Services'Geotechnical Investigation,Observo[ion&Testing of Grading,
vec+Chinoweanin I Subgrade,Curb&Gutter,Underground Utilities
City of Indio On-Call Contract
Various Capital Improvement Projects for the City and Redevelopment Agency
a since 2005 including.
• City-Wide Street Rehabilitation Program Phases I-VI.
• Avenue 48 Bridge Improvements.
• Slurry seal at Avenue 46th&Shields Road and type I REAS Slurry for wet
track abrasion testing for Phase VI of the road rehabilitations.
• Jackson Street overhead and overcrossing repair and retrofit,
• Downtown Indio Phase I Improvement Projects,which will include street
Q improvements,underground conduit system,sewer and water lines,
and landscaping.
Geotechnical investigation for six city parks and geotechnical testing during
construction for three of the parks.
• Light post bases at the Indio Municipal Golf Course-
rrrr
fta • 12,500 square-foot,four-acre India Teen Center including parking,
counseling/resource center,multi-purpose rooms,two conference rooms,
Internet cafe,and basketball court,
• Various waterline improvements,pump stations,and city water wells.
Contact Name; Grant Eklund Contact Phone:760.342.6530
a yr,Ti,o-rrs,aaa ohvict
Geotechnical Services:Geotechnical Investigation;Povement Investigation;Grading,
Asphalt.Caisson Drilling,Back(II and Base Material Observation&Testing
Special Inspection&Materials Testing,Concrete,Masonry,Welding
Q t -+!f
d. Past Experience & References
. "f' s•' ' County of Riverside Southwest Sedimentation Basin at Badlands
Sanitary Landfill .
New sedimentation basin to ensure the Badlands Landfill remains compliant
! --''••�"i'�`"-' `I. ''' with the requirements of the EPA Construction General Permit and Code of
v..5?' w.v..•
-a'E.� S i•rt'rrfrl°'- ,r�•,I Federal Regulations. 35-foot high spillway emhankmant wide drainpipe and riser.
r i'• vz""'� Flattening of landslide slope within the basin din limits and construction of
ta��exW'ik';i%', xh g P grading
y . •,new� a buttress along she landslide toe limits. Construction of associated drainage'
.... . ' "
�„ structures.
5QU;b.s 'Mwnvpn Basin at Badlmds
san¢ary tananu Contact Name:Andy Cortez Contact Phone:951.486-3253 I
I
I
Geotechnical Ser vices:Earthwork Observation&Testing,Geologic Mapping of
Excavation Slopes
Special inspection&MateriolsTesting Concrete.Shoterete
i
I
"'^• �i OtayWater district On-Call Contract I.
SCS&T has been providing geotechnical,materials testing,and third party Y Q
A/
*-' •Mn.N QC services to the District since 2007,including:
=•r isi- ` • 4MG proposed reservoir tank.
•�`� • Relocation of utilities along Olive Vista Drive and a private development on
the corner of Olympic.Pafkway and Santa Venecia in Eastlake.
" • 1296-3 reservoir and 36-inch i cline from the San Diego Coun Water
P P eg ry
Authority's Flow Control Valve No.14 to RegulatoryAlignment CIP P2009. j
owwate Mwin Installation of a gare valve onto a 12-inch ACP waterline on Maxwell Road-
Installation of three,two-inch diameter saddles for domestic and potable
water Inserted into an existing 12-inch ACP along Maxwell Road.
• SCS&T and SCS Engineers worked together to provide a Phase i
environmental assessment for possible parcel acquisitions by the District
i
Contact Name:Manny Magana Contact Phone:619.670.2257 i
Geotechnical Services:Geotechnical Investigation,Underground Utility Observation&
Testing
Special Inspection&Materals Tcstmg:Welding,Concrete i
Third Party QA/QC Services:Placement of P/C Waterlines and Pipes
}j
Santa Fe Irrigation District On-Call Contract •--i
SCS&T has been providing geotechnical,special inspection,and materials testing
services to the District for over 13 years. ?
• 3,4,6,0 linear,feet of waterline replacement.
• NRw.54-inc,f�.waterljne from the Badger Plant to the San Dieguito Reservoir. •
• Fletcher Cove waterline relocation.
§ s Marview,Ford,and Canyon pipelines.
Valley Avenue waterline repair.
satin re Irngauon D2rtla • San Dieguito Dam investigation,
• Glenmont Reservoir warehouse. ��y
• Fairbanks Ranch water valve replacement phases I and I
• Replacement of pipeline with 3,340 linear,feet ofid2•inch pipeline at Via de
j Fortuna and La Crescents.
• Waterline repairs at the Del Dios Highway.
• San Elijo Road future culvert installment. _
• New valve vault at Santa Victoria and Santa Helena.
I
Contact Name:Dana Johnson Contact Phone:858,756.2424 jLL,
Geotechnical Services:Geotechnical Investigation;Observation&Testing of
Underground Utilities,Subgrode,Base Materials,Grading,ondAsphalt
Special lnspooton&Materrals Testing,Concrete ilW. t. •.` ¢
ua:�•,r.ee. :.r
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S. Understanding Scope of Work and Work Proposal
Whether a p1mlM mqum;s research, SCS&T understands that City Project No.07-15 consists of materials testing
analysis,Investigaricn or recommendations and inspection for the Palm Springs Storm Drain Line 22.Stage 2.The project
our staff has the a pepePce necessary to encompasses the construction of a master-planned storm drain system
_ provide reliable information SCS&T can extending through the Palm Springs Wastewater Treatment Plant,with a new
1 assist In vinous aspects of the project from outlet into dte Tahquia Creek Golf Course.Upon completion,the master-
site planning ro rborough_itc grading and planned storm drain system will be owned and maintained by the Riverside
7 final development County Flood Control&Water Conservation District("RCFC").
SCS&T provides field observation and The City will be administering and providing construction inspection of this
..JI testing lemenduring earthwork co chniclsiigt in project with its own staff.The RFP is limited to providing materials testing/
the implementation o(geotncgnnal P g
`-} recommendations and specdlcaclons aro inspection services related to Class 2 aggregate base,asphalt Concrete
J followed during construction. pavement,Portland cement concrete pavement storm drain pipe bedding,
storm drain trench backfill,storm drain reinforced concrete outlet structure,
reinforced concrete retaining walls,and 48"CMUCMC welded steel effluent
pipe.
SCS&T will provide all materials testing and inspection services as required by
the plans and specifications prepared for City Project 07-15 by DMC Design
f Group and dated September 17,2008,for the following items:
i� • Storm Drain Outlet Structure complete with Wing Walls,Cut-Off Wall,
111 Trapezoidal Outlet Protection Barrier,and Grouted Rip-Rap Protection(per
Details Sheet 11):
f • Reinforced concrete storm drain transition structure(1);
• Reinforced concrete storm drain manholes(7);
• 66",72",78"and K'RCP(2000D);
{� • Storm drain pipe bedding and trench backfill(2,145 LF);
j • 48"CML/CMC welded steel effluent pipe;
L J • Reinforced concrete retaining wall (APWA Std.610-2,Type 1);
• Portland cement concrete pavement;
• Asphalt concrete pavement
Class 2 aggregate base.
Materials testingrinspection services will consist of soils compaction and density
rests,structural concrete,reinforcing steel,structural steel,metal fabrications,
and welding.All storm drain pipe bedding and storm drain trench backfill
compaction will comply with the special provisions prepared for City Project
07-15.
SCS&T will have its inspeaor(s)report to the City's Representatives each day
materials testing and inspection services are required.The inspector(s)will
submit a daily report indicating the time of arrival and rime of departure,the
type and quantities of the materials testing performed and any necessary test
results and observation,Any defective work will be immediately reported to
the Owner's Representative in writing.
LJ We anticipate that testing and inspection will be provided on an as-needed,ci
call basis as scheduled by the City+s Representative.SCS&T will meet with the
GEOTECHNICAL OBSERVATION& City's Representative prior to the start of construction in order to establish
TESTING detailed reporting procedures and establish report formats chat best fit with
SCS&T provides field observation and resting City requirements.Communication protocols will be established to ensure
rrr'''777 including; that all field reports,data,test results and related information is transmitted
underground Uclmrs not only in the field but also to interested City staff in a timely manner.Email
Grading addresses,cell phone numbers,and related communication issues will be
Pose Material P g+
outlined so chat site visits,sam Iln and inspections can be scheduled in they
Asphalt most efficient manner.
DCaisons
Footings ,� �
Sail Nail !
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5. Understanding Scope of Work and Work Proposal
Speaal inspection and ininni als resting serves Work Proposal/Approach
To cerciry the Idiabihty and in;cgray of materials
used in conarucbon,avoid fades v of these
AU to'AI, and ma nain dieu unllernn quality. The methodology SCS&T will use to accomplish each of the project tasks and
services expected as defined in the Scope of Worlc will consist of.
SCS&T provides ppwlal inspection.with its own
staff of mulmcrodentnled inspectors allowing ii I Project Engineer participation in a pryconstruction meeting;
o,to Save 0i"diem,money by using,a tingle 2- Observation of the excavation for the Storm Drain Outlet Structure
i�spec�or for mu'uple asks. complem with Wing Walls,Cut-Off Wall.Ttapezoidal Outer Protection
[carrier,and Grouted Rip-Rap Protection: i
SCS&T performs non.dastrucnve examinaoen Field density testing of the Outlet Structure subgrade '
and sting,which Is used to examine mxmrials Field density testing of wall backfill
mchour undennning their fuxare usefulness. Inspection of reinforcing smel placement
Concrete sampling and testing i
Observation of Rip-Rap installation,if requested
Grout sampling and testing,if requested.
3. Observation of the excavation for the reinforced concrete storm drain
transition structure;
Field density testing of the transition structure subgrade
Inspection of reinforcing steel placement
Concrete sampling and testing
4. Observation and testing of reinforced concrete storm drain manholes,if
requested; _
S. Observation of trench excavation,pipe bedding,and backfill;and-
performance of a field to dng program to evaluate compaction for the 66", i
72",78",and 84"RCP:
6. Observation of trench excavaron,pipe bedding,and backfill;and - 1
performance of a field testing program to evaluate compaction for the 48" -
CMUCMC welded steel effluent pipe; -
Inspecdon of welds
Non-destructive testing of welds,if requested. "?
7. Special inspection of the reinforced concrete retaining wall; !
i Observation and testing of foundation bottoms
Inspection of reinforcing steel installaiion f.l
Concrete sampling and testing ;
Observation and field density testing of wall backfill,
S. Observation and testing of the subgrade for por-dand cement concrete
pavement;
Sampling and testing concrete,if requested.
9. Observation and testing of the asphalC concrete pavement; '•)
10. Observation and'tesdrig of.the subgrade and.clpss 2.aggregate base for
pavements;
CERTIFICATIONS I I. Preparation of daily reports-describing the inspections and test results: j t
SCS&Ts Inspectors we certified by the following the reports will be submitted to the City's Represenmdve at the site and
agende.. distributed to other City personnel as needed;
12. Preparation of final reports summarizing results of our tests and S[
American Concrete nsuture(ACI) observations. ,S
American Society of Non-DesmiaryeTesting
(ASNT)
American Welding Society(AWE)
Caltrans lug
City of San Diego
Division of xhc SareArchlrecr(DEA)
Intcmativnal[ode council(cc)
Njd0nal Institute for Certification in Engm¢ering
TOchnvlages(NICET)
Office of Statewide Health Planning& i
Development(OSHPD) F I
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1
b. Local Preference
--1 SCS&T is known as one of the mast Southern California Sail&Testing,Inc.,in accordance with Ordinance 1756 of
comprehensive laboratory and testing facilities In the City of Palm Springs,requesu local preference and submits the following
Southern California_ I current business license for this jurisdiction.
1 Urc can be 6udq we ran teat h.When other
J` testing and inspection firms de not have the
nc<ecsary equipment or expertise required to
process rests they come to ua.We have been ��,,,�X O�* -„P MIO
referred to as"the lab's lab"
All Ibomrory tuitin5 and inspections are BUSINESS LICENSE CBR'rIFzCATE
performed without eompromec and are 'LicnseNwn6ef 09.00006997
1 I executed in compliance with current industry Llcrnse Class ENGIhEL".�ING$VC
JI standards. Wtw6SubC1us
SOIR3iL•RN l SOIL&
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33749 CITRUS AVENUE STE F&0
i. INDIOCA92201
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23740 CITRUS AVE STEF RVSD
INBIO CA 92201
Vmfidfram M1y067009 ]l May03¢1)09
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I
PROCEDURAL GUIDELINES&
CERTIFICATIONS
We are eerdfied by and adhere to the guidelines
of several rogulawry agencies.Including
r,Tt AAS11T0 Material Reference Library(ARML)
Amerlon society forTescinp,&MAwrnls(AS'fM)
California Budding Code(CBC)
Ccmcnt&Concrcm Rcic cme Laboratory
Q Thhee City of Los Angcic:.
The City of San Diego
Division of the State Architect(DSA)
r—, Federal Avlaoon Adminlscration(FAA)
Incernatenal Building Code(IBC)
State of California(Caltrans Specification)
Title 21
US Army Corps of Engineers
US Department of Agriculture
111��� T•1ptZ'rFJ.ai
V �
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Estimated
Hours/Unit Rate/Unit Total Cost
FIELD TECHNICIAN
Technician-Storm Drain Outlet S hours @ $84.00 /hour $672.00
Technician-Storm Drain Outlet Concrete 4 hours @ $84.00 /hour $336.00
Technician-Transition Structure 2 hours @ $84.00 /hour $168.00
Technician-Manholes 8 hours @ $84,00 /hour $672.00
Technician-66 72", 73"and 84" RCP 12 hours @ $84.00 /hour $1,008.00
Technician-Storm Drain Bedding and Baokfill 160 hours @ $84,00 /hour $13,440.00
Technician- Effluent Pipe Bedding and
Backfill 16 hours @ $84.00 /hour $1,344.00
Field Welding Inspector-CML/CMC Pipe 32 hours @ $94.00 /hour $3,008.00
Technician-Retaining Wall 20 hours @ $84.00 /hour $1,630.00
Technician-Retaining Wall Concrete 8 hours @ $84.00 /hour $672.00
Technician-Concrete Pavement 8 hours @ $84.00 /hour $672.00
Technician-Asphalt Concrete 8 hours @ $84.00 /hour $672.00
Technician-Subgrade/Aggregate Base 16 hours @ $84.00 /hour $1.344.00
$25,688.00
PROFESSIONAL STAFF
Preconstruction Meeting 2 hours @ $167.00 /hour $334.00
Office and Field Support 8 hours @ $167.00 /hour $1.336.00
$1,670.00
REPORTS
Periodic Reports 4 hours @ $167.00 /hour $668,00
Final Report-Geotechnical 1 report @ $1,275.00 /report $1,275.00
$1,943.00
LABORATORY TESTING
Maximum Density Test 4 tests @ $212.00 /test $848,00
Asphalt Conformance Testing 1 test @ $447.00 /test $447.00
Sieve Analysis 4 tests @ $71.00 /test $284.00
Resistance-Value 1 test @ $265.00 /test $265.00
Sand Equivalent 4 tests @ $S5.00 /test $340.00
Concrete Cylinders 20 each @ $26.00 /each $520.00
$2,704.00
TOTAL FOR OBSERVATION AND TESTING SERVICES $32,005.00
26
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Miscellaneous Fees:
Overtime and Saturday Rate: 1.5 x regular hourly rate
Sunday and holiday rate: 2 x regular hourly rate
A one-hour minimum charge will be applied to materials sampling and sample pickups.
Work in excess of eight hours up to twelve hours will be charged in 30-minute increments at 1.5 times the
standard rate.
Work in excess of twelve hours in a day will be charged in one-hour increments at 2 times the standard rate.
Work performed by field or laboratory personnel outside of normal business hours (6:30 AM to 5:00 PM) will
be charged a premium on a case by case basis.
Work performed by field personnel on-site will be documented in daily reports and we will billed only for the
time actually spent on the job; no minimum hourly charge shall apply to work scheduled in advance requiring
a technician at the job site.
?7
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
The services to be provided under this contract shall be coordinated with the City and
be provided as necessary in accordance with the project schedule for the Palm Springs
Storm Drain Line 22, Stage 2, City Project No. 07-15.
28
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