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HomeMy WebLinkAbout5/6/2009 - STAFF REPORTS - 2.F. c V v� 4 e n�° °o�oCmC^' °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 2r� David H. Ready, City r ATTACHMENTS: 1. Agreements C�� 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 2 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 3 •- h✓ C 42 and will only be approved if such expenses are also specified in the Schedule of 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 4 p7 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 5 p 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 6 ti 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- 7 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 s 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 9 i 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 GP EXHIBIT "B" CITY"S REQUEST FOR PROPOSALS 24 L G �.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 �J ! 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 cr n 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 S !J 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 ` c i 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 ! C � , i; c. 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 it n v_� 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& TES TN0 33749 CITRUS AVENUE STE F&0 i. INDIOCA92201 ' BawmLse mAd&m 23740 CITRUS AVE STEF RVSD INBIO CA 92201 Vmfidfram M1y067009 ]l May03¢1)09 }Iwo R#wn Cmay�toou}be By Big Litrass0 m Nit vabd wlws n�td 6y Qry of hdto Lusbus Iatrem onus 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 rrr,