HomeMy WebLinkAbout05844 - SOUTHERN CALIFORNIA SOIL & TESTING INC STORM DRAIN LINE 22 CP 07-15 Sabrina Kaye
From: Carrie Rovney
Sent: Monday, November 03, 2014 2:17 PM
To: Kathie Hart; Dave Barakian
Cc: Savat Khamphou;Jay Thompson;Tabitha Richards
Subject: RE: A5844 - S CA Soil and Testing
YES, you may close this agreement
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From: Kathie Hart
Sent: Thursday, October 23, 2014 6:43 PM
To: Dave Barakian
Cc: Savat Khamphou; Jay Thompson; Carrie Rovney; Tabitha Richards
Subject: A5844 - S CA Soil and Testing
This agreement is for Palm Springs Storm Drain Line 22, Stage 2 CP 07-15. Has it been completed? If yes, ok to close
the agreement file?
Please advise. Thank you.
Kathie Hart, MMC
Chief Deputy City Clerk
City of Palm Springs fW(760)323-8206
3200 E Tahquitz Canyon Way A (760)322-8332
Palm Springs, CA 922624Kathie.Hart�PalmSprinasCA.�ov
Please note that City Hall is open 8 a.m. to 6 pm,.Monday through Thursday,and closed on Fridays at this time.
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PROFESSIONAL SERVICES AGREEMENT
SOUTHERN CALIFORNIA SOIL & TESTING, INC.
THIS PROFESSIONAL SERVICES AGREI�MENT (hereinafter "Agreement') is
made and entered into, to be effective this 2�2 day of SuhC. , 2001, 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
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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: (1s) the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of
the City's Request for Proposal (Exhibit "B"); (3`d) the terms of this Agreement; and, (0)
the provisions of the Consultant's Proposal (Exhibit "C").
1.3 Compliance with Law. Consultant warrants that all Services rendered
hereunder shall be performed in accordance with all applicable federal, state, and local
laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
1.4 Licenses, Permits. Fees, and Assessments. Consultant represents and
warrants to City that it has obtained all licenses, permits, qualifications, and approvals of
whatever nature that are legally required to practice its profession and perform the Work
and Services required by this Agreement. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, qualification, or approval that is legally
required for Consultant to perform the Work and Services under this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments, and taxes,
plus applicable penalties and interest, which may be imposed by law and arise from or
are necessary for the Consultant's performance of the Work and Services required by
this Agreement, and shall indemnify, defend, and hold harmless City against any such
fees, assessments, taxes penalties, or interest levied, assessed, or imposed against
City hereunder.
1.5 Familiarity with Work. By executing this Agreement, Consultant
warrants that Consultant (a) has thoroughly investigated and considered the Scope of
Services to be performed, (b) has carefully considered how the Services should be
performed, and (c) fully understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement. If the Services involve work upon
any site, Consultant warrants that Consultant has or will investigate the site and is or will
be fully acquainted with the conditions there existing, prior to commencement of any
Services hereunder. Should the Consultant discover any latent or unknown conditions
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that will materially affect the performance of the Services hereunder, Consultant shall
immediately inform the City of such fact and shall not proceed except at Consultant's
risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the
term of the Agreement to furnish continuous protection to the Work and the equipment,
materials, papers, documents, plans, studies, and/or other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to persons
or property, until acceptance of the Work by the City, except such losses or damages as
may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both Parties agree to use
reasonable care and diligence to perform their respective obligations under this
Agreement. Both Parties agree to act in good faith to execute all instruments, prepare
all documents, and take all actions as may be reasonably necessary to carry out the
purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the
performance of the Services, without invalidating this Agreement, to order extra work
beyond that specified in the Scope of Services or make changes by altering, adding to,
or deducting from such Work. No such extra work may be undertaken unless a written
order is first given by the City to the Consultant, incorporating therein any adjustment in
(i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this
Agreement, which adjustments are subject to the written approval of the Consultant.
Any increase in compensation of up to twenty-five percent (25%) of the Maximum
Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty
(30) days, may be approved by the City Manager, or his designee, as may be needed to
perform any extra work. Any greater increases, occurring either separately or
cumulatively, must be approved by the Palm Springs City Council. It is expressly
understood by Consultant that the provisions of this section shall not apply to the
services specifically set forth in the Scope of Services or reasonably contemplated
therein, regardless of whether the time or materials required to complete any work or
service identified in the Scope of Services exceeds any time or material amounts or
estimates provided therein.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered pursuant to this
Agreement, Consultant shall be compensated by City in accordance with the Schedule
of Compensation, which is attached hereto as Exhibit "D" and is incorporated herein by
reference, but not exceeding the maximum contract amount of Thirty-Two Thousand
Five Dollars, ($32,005.00) (hereinafter referred to as the "Maximum Contract Amount"),
except as may be provided pursuant to Section 1.8 above. The method of
compensation shall be as set forth in Exhibit "D." Compensation for necessary
expenditures for reproduction costs, telephone expenses, and transportation expenses
must be approved in advance by the Contract Officer designated pursuant to Section
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4.2 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
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diligently the Work of this Agreement according to the agreed upon Schedule of
Performance (Exhibit "E").
3.2 Schedule of Performance. Consultant shall commence the Services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform
all Services within the time period(s) established in the Schedule of Performance, which
is attached hereto as Exhibit "E" and is incorporated herein by reference. When
requested by Consultant, extensions to the time period(s) specified in the Schedule of
Performance may be approved in writing by the Contract Officer, but such extensions
shall not exceed one hundred eighty (180) days cumulatively; however, the City shall
not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of
Performance for performance of the Services rendered pursuant to this Agreement shall
be extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of the Consultant (financial inability excepted),
including, but not limited to, acts of God or of the public enemy, unusually severe
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if
Consultant, within ten (10) days of the commencement of such delay, notifies the City
Manager in writing of the causes of the delay. The City Manager shall ascertain the
facts and the extent of delay, and extend the time for performing the Services for the
period of the enforced delay when and if in the judgment of the City Manager such delay
is justified. The City Manager's determination shall be final and conclusive upon the
Parties to this Agreement. In no event shall Consultant be entitled to recover damages
against the City for any delay in the performance of this Agreement, however caused,
Consultant's sole remedy being extension of the Agreement pursuant to this section.
3.4 Term. Unless earlier terminated as provided elsewhere in this
Agreement, this Agreement shall commence upon the effective date of this Agreement
and continue in full force and effect until completion of the Services but not exceeding
three (3) years from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit "E") and pursuant to Section 3.2 above, unless extended by
mutual written agreement of the Parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the Services to be performed under this Agreement and
make all decisions in connection therewith: James Stone, Project Manager. It is
expressly understood that the experience, knowledge, education, capability, expertise,
and reputation of the foregoing principal is a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing principal shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient time to
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personally supervise the services performed hereunder. The foregoing principal may
not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City, and is subject to change by the City Manager.
It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully
informed of the progress of the performance of the Services, and the Consultant shall
refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority to sign all
documents on behalf of the City required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, capability, expertise, and reputation of Consultant, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, voluntarily or by operation of law, without the
prior written consent of City. Consultant shall not contract with any other entity to
perform the Services required under this Agreement without the prior written consent of
City. If Consultant is permitted to subcontract any part of this Agreement by City,
Consultant shall be responsible to City for the acts and omissions of its subcontractor(s)
in the same manner as it is for persons directly employed. Nothing contained in this
Agreement shall create any contractual relationships between any subcontractor and
City. All persons engaged in the Work will be considered employees of Consultant.
City will deal directly with and will make all payments to Consultant. In addition, neither
this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit
of creditors or otherwise, without the prior written consent of City, Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert
of more than twenty five percent (25%) of the present ownership and/or control of
Consultant, taking all transfers into account on a cumulative basis. In the event of any
such unapproved transfer, including any bankruptcy proceeding, this Agreement shall
be void. No approved transfer shall release Consultant or any surety of Consultant from
any liability hereunder without the express written consent of City.
4A Independent Contractor.
A. The legal relationship between the Parties is that of an independent
contractor, and nothing herein shall be deemed to make Consultant a City employee.
During the performance of this Agreement, Consultant and its officers, employees, and
agents shall act in an independent capacity and shall not act as City officers or
employees. The personnel performing the Services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of its officers, employees, or agents, except as set forth in
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this Agreement. Consultant, its officers, employees, or agents shall not maintain an
office or any other type of fixed business location at City's offices. City shall have no
voice in the selection, discharge, supervision, or control of Consultant's employees,
servants, representatives, or agents, or in fixing their number, compensation, or hours
of service. Consultant shall pay all wages, salaries, and other amounts due its
employees in connection with this Agreement and shall be responsible for all reports
and obligations respecting them, including but not limited to social security income tax
withholding, unemployment compensation, workers' compensation, and other similar
matters. City shall not in any way or for any purpose be deemed to be a partner of
Consultant in its business or otherwise a joint venturer or a member of any joint
enterprise with Consultant.
B. Consultant shall not incur or have the power to incur any debt,
obligation, or liability against City, or bind City in any manner.
C. No City benefits shall be available to Consultant, its officers,
employees, or agents in connection with any performance under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City
shall not pay salaries, wages, or other compensation to Consultant for the performance
of Services under this Agreement. City shall not be liable for compensation or
indemnification to Consultant, its officers, employees, or agents, for injury or sickness
arising out of performing Services hereunder. If for any reason any court or
governmental agency determines that the City has financial obligations, other than
pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes,
or benefits of Consultant's officers, employees, servants, representatives,
subcontractors, or agents, Consultant shall indemnify City for all such financial
obligations-
S. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole
cost and expense, in a form and content satisfactory to City, the insurance described
herein for the duration of this Agreement, including any extension thereof, or as
otherwise specified herein, against claims which may arise from or in connection with
the performance of the Work hereunder by Consultant, its agents, representatives, or
employees. In the event the City Manager determines that the Work or Services to be
performed under this Agreement creates an increased or decreased risk of loss to the
City, the Consultant agrees that the minimum limits of the insurance policies may be
changed accordingly upon receipt of written notice from the City Manager or his
designee. Consultant shall immediately substitute any insurer whose A.M. Best rating
drops below the levels specified herein. Except as otherwise authorized below for
professional liability (errors and omissions) insurance, all insurance provided pursuant
to this Agreement shall be on an occurrence basis. The minimum amount of insurance
required hereunder shall be as follows:
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A. Errors and Omissions Insurance. Consultant shall obtain and
maintain in full force and effect throughout the term of this Agreement, standard industry
form professional liability (errors and omissions) insurance coverage in an amount of
not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars
($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that
Consultant is unaware of any professional liability claims made against Consultant and
is unaware of any facts which may lead to such a claim against Consultant; or (b) if
Consultant does not provide the certification pursuant to (a), Consultant shall procure
from the professional liability insurer an endorsement providing that the required limits
of the policy shall apply separately to claims arising from errors and omissions in the
rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis,
the policy shall be continued in full force and effect at all times during the term of this
Agreement, and for a period of three (3) years from the date of the completion of the
Services provided hereunder. In the event of termination of the policy during this
period, Consultant shall obtain continuing insurance coverage for the prior acts or
omissions of Consultant during the course of performing Services under the terms of
this Agreement. The coverage shall be evidenced by either a new policy evidencing no
gap in coverage, or by obtaining separate extended "tail" coverage with the present or
new carrier or other insurance arrangements providing for complete coverage, either of
which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an
"occurrence" basis, the policy shall be continued in full force and effect during the term
of this Agreement, or until completion of the Services provided for in this Agreement,
whichever is later. In the event of termination of the policy during this period, new
coverage shall immediately be obtained to ensure coverage during the entire course of
performing the Services under the terms of this Agreement.
B. Workers'_ Compensation Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, workers'
compensation insurance in at least the minimum statutory amounts, and in compliance
with all other statutory requirements, as required by the State of California. Consultant
agrees to waive and obtain endorsements from its workers' compensation insurer
waiving subrogation rights under its workers' compensation insurance policy against the
City and to require each of its subcontractors, if any, to do likewise under their workers'
compensation insurance policies. If Consultant has no employees, Consultant shall
complete the City's Request for Waiver of Workers' Compensation Insurance
Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain
and maintain, in full force and effect throughout the term of this Agreement, a policy of
commercial general liability insurance written on a per occurrence basis with a
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combined single limit of at least one million dollars ($1,000,000.00) and two million
dollars ($2,000,000.00) general aggregate for bodily injury and property damage
including coverages for contractual liability, personal injury, independent contractors,
broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of
business automobile liability insurance written on a per occurrence basis with a single
limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and
property damage. The policy shall include coverage for owned, non-owned, leased,
and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain,
in full force and effect throughout the term of this Agreement, a policy of employer
liability insurance written on a per occurrence basis with a policy limit of at least one
million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager prior to
commencing any work or services under this Agreement. Consultant guarantees
payment of all deductibles and self-insured retentions. City reserves the right to reject
deductibles or self-insured retentions in excess of $10,000, and the City Manager may
require evidence of pending claims and claims history as well as evidence of
Consultant's ability to pay claims for all deductible amounts and self-insured retentions
proposed in excess of$10,000.
5.3 Other Insurance Reauirements. The following provisions shall apply to
the insurance policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be
primary insurance as respects City and its officers, council members,
officials, employees, agents, and volunteers. Any insurance or self-
insurance maintained by the City and its officers, council members,
officials, employees, agents, and volunteers shall be in excess of
Consultant's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to City
and its officers, council members, officials, employees, agents, and
volunteers.
5.3.3 All insurance coverage and limits provided by Consultant and available or
applicable to this Agreement are intended to apply to each insured,
including additional insureds, against whom a claim is made or suit is
brought to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations
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shall limit the application of such insurance coverage.
5.3.4 None of the insurance coverages required herein will be in compliance
with these requirements if they include any limiting endorsement which
substantially impairs the coverages set forth herein (e.g., elimination of
contractual liability or reduction of discovery period). unless the
endorsement has first been submitted to the City Manager and approved
M_Wf= -
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.
6.3.7 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
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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).
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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. " or
"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 Holder 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 party 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.
7A 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.
B. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed andrfo
interpreted both as to validity and as to permance 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 shALJLeLAQnstruedaa a whole-according
to its fair lanouaae and common meanincL#Q-acbieve the obiectives and purposes of the
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
15
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-liability 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
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 Citv: City of Palm springs
Attention: City Manager & City Clerk
3200 F. 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
10.6 Third Party Beneficiary. Except as ma bee -es provided for
herein nothing_contai in this Agreement is intended to confer, nor shall this
Agreement be constru _ed as co0f_erring. any rights. including, without limitation, any
rights as a third-party beneficiary or otherwise,,upon a.oy Qr oerson_not a party
hereto.
10"7 Recitals. The above-referenced Recitals are hereby_i,rjcolponted into the
Agreement as though fully set forth herein and each Party acknowledges and agrees
th_ats.ch Party is bound, for purposes of this Agr_eeirLeAf—hy 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 GeRtFa6tor have caused this Agreement to be
executed the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA.
Byr�
City Clerk City Man
ate: LDS P�p��zoo'q Date: Uw' Ov
BY
City Engineer
Date: 0&
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By Date: Agreement No.
Ci y ttdrn
Date: G'G"Ua
APPROVED DY CITY COUNCIL
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, r
r
CDN'�4,7--,l ra
C6NTRA4C—T9R NAME:
SOUTHERN CALIFORNIA SOIL & TESTING
Check one_Individual_Partnership�( Corporation
83-740 Citrus Avenue, Suite G
Indio, CA 92201-3438
By LD Z?�
Signature(Notarized) Signature(Notarized)
20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyo+t �Au/N
on 1121 �9 before me, 00Fl J C �• N o 2GZ)5
r4n,a W, lNenr .iA runoff 8M Dulcet �7r
personally appeared_ f�Ll rn (i nl ' (�nC�s ncA O C� 1, W s.Rd
Namolal mi elpna(q
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
helsheAhey executed the same in histhedtheir authorized
capacity(ies),and that by his/her/their signavitre($)on the
Instrument the person($), or the entity upon behalf of
which the person(s)acted,executed the instrument
Y �^,,^5 DIANE L.NORM$ I certify under PENALTY OF PERJURY under the laws
;7 COMM.IR18Ug L 0
�:- m of the State cf Califomia that the Foregoing paragraph Is
NOTARY PUBLIC•CALIFORNU�
�� SAN DIF COUNTY true and coned.
Commission FapResAup.16,2012
WITNESS my hand and official seal.
Signature
Pl:ua Newry Swl F4ew omnr rmewc
OP77ONfAL
Ynough the irrformstiuh betow is Aor requrad by law.!t may prow valuahta to purtons rolyfng on the docu t
and could pnemnf freudulen2 remover&W reattachment of Lips rotm to anvlhar obcrmvent.
Description of Attached Documen/J,' I
Title ar'rype al Dxument '1 4 1" 3 It o tJ .VI AU�
Document Date: Y I i() Number of Pages:
Slgner(s)Other Than Named Above:
capacity(lea)Claimed by Slgrn''e��r(s)� " e
Signer's Name:.- 6OiZJ6,4J. Signers Name: (J-1WARd ��
-_I�fi4'F-
M Individual L,�Individual pp
�r V+poraie Officer r p�,6orporate Officer—Tive(s): l�•��, „w
L7 Partner—❑Limited C1 General ❑Partner—❑Limited ❑General
* Atinmay in Fact n Attorney in Pact
Trustee Top of thorrm 7m EJ Trustee Tcp of iY,urrb ticm
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other.—_. El Other:
Signer Is Representing Signer Is Representing:
9]�ui NaYwra Merry Mwriwbm5ba00a Sofia ka,rN.'�%2a52•trrwwm�Ca cn 515Lrt52-www.NkilwuNavyorp t«n a.tl6T emdar-CJTd.Ree 1-30o-K.'0{d2]
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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 owned
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 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 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" CMUCMC 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-
S. 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
enI M CITY OF PALM SPRINGS, CA
o r��? REQUEST FOR PROPOSALS*17-09
. ; J, �• 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 lestinglinspcction 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"CMUCMC welded steel effluent pipe-
if. 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 Pmject 07-15 by DMC Design Group and dated
September 17, 2008, for the following items:
• Storm Drain Cutlet Structure complete with Wing Walls, Cut-Off Wall, Trapezoidal Outlet
Protection Samiar, 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' CMUCMC welded steel effluent pipe;
Reinforced concrete retaining wall (APWA Sid, 610-2,Type 1);
• Portland cement concrete pavement;
Asphalt concrete pavement;
Class II aggregate base;
Materials testingrinspection 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
28
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.
Ill. 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. Tahquilz 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 I 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:
LI The submittal should not exceed 10 pages(sheets of paper), double sided (81/2" 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 respondents 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-
a, 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.
S. 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 on 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 reouest the
preference in the Solicitation response and provide a cony of its current business
license from a jurisdiction in the Coachella Valley-
4
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 coal 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 he added at the discretion of the City, shall
also he 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 2:00 P.M., LOCAL TIME, FRIDAY, 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 or 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 Tahquits Canyon Way
Palm Springs, CA 92262
via FAX (760)323-8238
or via EMAIL: Crai .Gladde s alms rin s-ca g,Qv
Interpretations or clarifications considered necessary in response to such questions will
be resolved by the issuance of formal Addenda to the RPP. The deadline for all
uestions 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
3i
Envelope#t, 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 he included in Envelope#t.
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. It 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 se 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.
VIII. CONSULTANT SELECTION
s
a
Q Each proposal will be reviewed by an evaluation committee to determine if it meets fire
proposal requirements. Failure to meet the requirements for the Request for Proposal may be
cause for rejection of the proposal.
U 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 or all work
proposals and/or formal oral presentations. The evaluation committee will make a
recommendation or the selected consultant for a contract to be awarded by the City Council.
I7 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
easiness 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.
0 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.
U 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.
U 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
❑ Business License. The successful proposer will be required to be licensed in
accordance with the City of Palm Springs business License Ordinance, Municipal Cade 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.
0 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_
❑ 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.
8
eft
vr.�M
04 flu¢�SA9
�q�IFUR��T
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:
•�wpo-vrworn—Outline ar-Tc-e{FJ;F�
i to a r. 4. nr.J..n...-. ...IF. 44... I
6BWffies--pece^`"^ - ticti.^_.:.� ^alas
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, G.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.
35
� pCIM s
REQUEST FOR PROPOSAL (RFP 17-09)
FOR
MATERIALS TESTING & INSPECTION SERVICES
PALM 5PRINGS 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:
5. Local Preference (second paragraph) 4e_ei astei�-oF-6eF+ Wtar4t—AC
alc^ +9 the o..+o.t l9g 11y nnbb.' to 600it ppliGstie r . ..I..;MeF aild
prw�p.
P" G
qua+ur.,a�„o6 _a! Fasidentf, ...I�a *ar'"..."-nyi2R8',
�kf6lAer�5--to-bed' R6 ,
.ere.e . c IisFtaEien reserrs�ar+d-pr-ovid^
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 Loral 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
urisdiction in the Coachella Valley.
CORRECTION, PAGE 7, "LOCAL PREFERENCE":
The following shall be stricken:
�{� FRaRce
wM their 6eliGitatie — (5%-
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:
cur..rrrr�bmittel
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 Names 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.
v r
I
i
Table of Contents
�f j 5eerh rn[aVwnia Sell LTmk,g,InE (- prFaehmenrA
J Servm>;d�c Southrn C¢Nfornfo ores(nrSv ycers
I Fkm Information 1�
1
I
.� 3. Key Personnnl
jd. Past E:peti0nee and References
I II
S. Understanding Scope of Work and Work Proposal
I I
6. Local Preference
t' 7. Cost Se la Proposal p ( paste Emdope)
A=hmont C-Pricing Exercise
^7 i pnv Schedule
�' .�( Ewa"•.4.i:h', .�,.: j.
L1
rT I
L1
a-oeeehniml services
Soil:dF lYasxrlsltTestiog Snrviccs
�J Sindal Inspection 5erwcnr
Third hrty QA1QC Servisa
Forensic Inwt6hation Snrviws i
&C, .
3�?
Sourhern Glliamo Sea ETtsMy Jim
Servile ncc Souhtm(onlemio anti fn•,SP rtmr I March 27,2009 SCS&T 0915016 ,
City of Palm Spiel j
Division of Procurement and Contracting
Mr Craig L Gladders,Procurement&Contnacdng Mm2ger 1
3200 FastTahquia Canyon Way
Palm Springs,CA 92267 ""I
i
RE: Request for Proposals 917-09 Materials testing f Inspection '
n.X 44 aau GolfCe'e ry,kw Services Palm Springs Stortn Drain Line 22r Stage 2
r
Dear Mr.Gladder& )
Southern California Sail&Testing;Inc,is pleased to submit our qua iificauons
and proposal padage to the City of Palm Springy to provide MaterlalsJestmg
and Inspection Services for the Storm Drain Line a Stag¢2 project
SCS&T is prepared and qualified to provide the City of Palm Springs,and `
ultimately the Pdversldo County Hood Control,with comprehensive and
efficient eoglneering services related to Materials Testing and Inspection- Our
Firm has the experience and expertise in proytdingservlces equivalent w rhose
outlined in the City's Scope of Services,which include but are nor limited i
to,soils compaction and density tests,structural concrete,minfoming steel,
{ structural steel,metal fabrications,and welding"
One of the mutual benefits in rerafning our sorviccs is SCATS emphasls j
on employee retention. Our technicians and inspectors are full-rime,mull-
carded employees committed to the firm's sucfess. Many of our em*yeea ,
have been with the firm for over 20 years.Their longevity,experience,and
possession of muldplo crrmifietdons offers clients die advantage of being able i
to perform muldple tasks on site,which an eliminate Exceulve field personnel
and exorblant foes. In addition,seeing the sane inspec'rs,technicians,and
engineers throughout the Ilk of a project helps to build continuity,which leads
to a dear,understanding of overall project goals, (,}
i
SCS&T offcn the knowledge,experience and resources to provide the City of
Palm Spring with the professional engineering services required for successful �� l
project dellvery.
SCS&T is a Cer Gad Sms41 busipe;s If you havC any questions,or if we can provide you with any additional 1
Enterprise(SSE)dvagh 01,5p,of California, r information,please contact us, Our proposal to pruvidc professional services
and a SCOOP cerdfl d s„gll Brines&. I shall be valid for a period of 90 days from today's dace. I will serve as SCS&Ts
Project Manager.and can be reached at jstone@srst.com(c)760554.3200(0) !
SAN pIFGO OFFICE ! 760.775.5983(f 760,775.8362
0o ea.LM27
sic oraa,uvtrm.aaa Thank you for your time and eonslderation.
MC Rncrdn 5v& n
Sin Gkpr.en 92r20 I w.mAd",m Respectfully.
Ira
r;ala.X gsZr I Southern California SodAiTesring,Inc.
P.619200,1I11
WDIO aCrIGC �'wl
s&vsa p.Cluuq .Svaa d nines J.S o.RC;,RGE
ante Ca 9W,- a Principal Geotechnical Engineer
r:rdo.nssys7
P,7w.77=62 I
40
f
I. AttachmentA
ATTACHMENT"A"
RFP 17.09
j MATERIALS TESTING AND INSPECTION SERVICES
J PALM SPRING5 STORM DRAIN LINE 22,STAGE 2
CITY PROJECT NO.07-'15
'NOTE:_THIS FORM MUST HE COMPLETED AND INCLUDED WITH YOUR PROPOSAL"
SIGNATURE AUTHORIZATION
NAME OF PROPOSERIFIRM:
Southern California Soil&Testing,Inc-
A- I hereby cerlify that I have the authority to offer this proposal to the City of Palm Springs
for the above listed Individual or company. I certify that I have the authority to bind
myself/this company In cols, 6 should I be successful 1n my proposal.
LJI�Na,i-uRE
i
James .Smne,RCE� RGX
1 PRINT NAME
r1 S. The following Information relates to the legal contractor listed above, whether an
L individual or a company. Place check marks as appropriate:
t. If successful,the contract language should refer to me/my company as:
An individual;
A partnership, Partners'names:
A company;
X A corporation
2. My tax identl0cation number is: 952240733
L ADDENDA ACKNOWLEDGMENT:
50 Acknowledgment 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
may result in your proposal being deemed non-responsive.
In the space provided below,please acknowledge receipt of each Addendw
Addendum(s)9_I istare hereby acknowledged.
2. Firm Information
Slnu l ps9... Introdrrc8ore
Southem Cahfomia Soil&Tc.Cung,Inc.(SCSS&T)is a highly respected professional
engineering 8rm committed to providing clienr. rientrd wrvlces and engineering
4' aiccellence through a cellahorarive spmi:that is focused on the Community and 1
environment of its clients.The firm is a Calnornia Certified Small Sasinass
a, Enterprise that has provided wVCts in Southern California for 50 years. SCS&T
S•'
specializes In geotechnlcal engineering,soils and materials testing,spatial
*^ i inspection,and dilyd-party quality assurance services. SCS&T has suecen—fully
completed over 40,000 projects,which an be attributed to the technical and
vain s,�r:„�s Inrenu,hnawvpert analytical knowledge of our staff,combined with SO years of experience with local
conditions and agencies.
I Locations: 83-740 GtrutAvenue,Suite G 6280 Riverdale Street
Indio.CA 92201.3438 San Oiego,CA 92120 _
'(' ■- - , .-a ! P:760,775-5983 P:619.780-4321
• F:760.775.8362 F:619.280.4717 ,
j www-smcom
• I 1
Size of the Firm: 68 : '•
Business Established: 1959(SO years in business)
CJiy hNm ,
i
r
Availability to Perform Tasks and Services: '
SCS&T utilizes scheduling software that is updated on a daily basis for efficient '•'�
_ - management of field,labcrawr,and ofhae personnel.The daffy schedule is
i available to all employees on SCS&-Ps internal network,anywhere they have
F an intemet connection,enabling us to maArnize persanncl udlizaslvn,avid !}
s duplication,and accommodate any last minute requests. SCS&T also has e0mplece 1 1
nianagoment software that tan track project progmss,budgets,schedules,and
accounting on a daily basis. Reports are available weeldy,or more frequently as
! 0uywyrer :vie: needed,so That SCS&Ts Project Managers have the information necessary for
tracking prDlea activity. 1^S
! Many of our employees have been with the firm for ever 20 years. Our
technicians and Inspectors are full-time employees committed to the Ftm)s )-
success. Over 70 percent of our staff are licensed or ragisuered by stare and
i regulatory agencles. 15 percent of our staff resides In the Riverside County area.
I Utilizing the combined staff and equipment,our team can eflc=Wy manage over
60 pmlects on a daily basis. Currently we are performing at about 50 percent of
that capacity avamgng 30 projects daily.
Southern California Soi[dTusdngt Inc I
Soudwpravuli Understanding of theWork:
iY
ng ptofesas,nal enyineerng'er"te'inWitthe rospondenr,undermand the work shall include materials testing and
soudlcra cacremia twee y�rs. inspections service that will be comprised of,but not limited to,sells compaction
SCS&T isaccreGad Smell Busin ty' ts,and density tes su uctural mnucte,rcinforcing steel,structural steel,metal
ess
Enterprise 09Ee ehmu i,the Stain of Califoml; fabrica0vns,and welding.This work will be provided in accordance w the plans
and a SCOOPcgroriod Small Business. and speclficadons prepared for the City by DMC Design Group dared
September, 17,200&
Me.�6�•nrdu e.hhre6cWn�aerretm,g&
Insperden.jaloer(CCTIA1 James Stone will serve as Project Manager and will be she key contact for rho City
of Palm Sprinprs. Mr,Stone can be contacted at:
83.740 Citrus Avenue,Suite G (C)760554.3200
Indio,CA 92201 (0)760.775.5981
jstohe@sutcam (F)760175,8362 t�
� I
f3. Key Personnel
11 Resume
,,-Jalmes J.Stone,RGE,RCE Oim)
.y Experience&Responsibilities
JI Jim has 40 years of construction industry experience and has lien in the
geetedhnial field since 1969. He has been employed with SCS&T for ten
_-t co of p.cro nlra�vm er u.,r I years working on a variety of project We&iGcluding•infrascruccure;ind public
works,eduaaanal,residential,healthcare and governmental. Hehasworked
on numerous projects for various municipalities and agencies,which Include she
Cites of Palm Springs,San Diego.Indio.Poway.and Costa Mesa;the Counties of
Riverside and San Diego;and Caltrans and SANDAG.
PHndpti GmeL�nlol Egimar.
As Principal Geotechniral Engineer,Jim is responsible for the management
EouCATJON: of gwrachnial engineering studies and Investigations,including foundation
tlnncni[y ofHchnil nt AM1onoo 1 investigations,slope stability analyses,structural distress assessments.site
Gradaata Studies,Ocmn Engineering remediation evaluations,and forensic studles_Jim has consulted on hantrdous
waste site characterizations and clear>-up projects.
!� sa"Jatt sfeee University
tf$,Caeeeechdcal Englneerint i Project Experience
U0.=ra+tyejS.nm Cr.,d +; Jim has served as SCS&Ts Principal Geotechnical Project Manager for the
(� ES.C iEnyn..Nny j following projects: '
E CennFICATIONS: • City of Palm Springs
Rcgimred Geoterhniral Enrimar -Vista Chino Widening
i Sait.MCaLlomh iiaoe -Gov Club Drive culvert reconstrucdan
New animal shelter
Rcplstered CinT Engineer I -Phases 141 of the Palm Springs Intertutional Airport rnasterplan-Phases
Scow of Calacmh iztSOB1 1 and II involved expaYRlon of security checkpoint from two m six
lanes,a second concourse,new holding room for regional airlines to
Aod171ON.4L7RAINING: accommodate 7 to 12 aircmk and airport security wall. Phase III
40 Hour HAZWOMTratnins I Included Improvements,modiflauons,and rehabilitation of rermacd
MSHA 8Heur Mine$ifery Cow to I complex including 6,500 square feet of new floor space.
E� MEMBERSHIPS hp55oclnnoNs: I County of Riverside Southwest Sedimentation Basin at w1ands Sanitary
Ain MBE Sadob of C 5 CICIAFxtv rs NS. I 1-2ndflll-New sedimentation basin to ensure the 91clands Landfill
remains compllant with the requirements of the EPA Construction
!
AWARDS
fornia & ucATla
General Permit and Code of federal Regulations. Project included a
Cali cot.a CWudu:h rrs: i
pl EnginccraAsaodanon 35:foet blab splljvr;tY:Fmhankment with drain:PlpC an¢riser;the flattening
F'rajactddeYear 1996 of a landslide slope widhln tine Issin grading limits;and mnstrustien of a
s along limits;and construction of associated
I Journal of Georechnim!and Geoenvlrnnmenrst bum� g the landslide me
Engineering 1997"Liquefaction Fadumme! Anir%g svuctuIres,, .
Remediadon:9ing Hirlror Redondo Bead; ' Santa Fe Irrigation District Capital Improvement Projects-SCS&T has
Catfornn" been providing gcotcehnical,sp.•ciul inspection,and materials costing
sorviecs to the Dlsyict for over 13 years
%Axinks Ranch water valve replacement.phases I and 2
-Replacement of pipcllne with 3,340 linear feet of 12A6 pipeline acvla
de Fortuna and La Crmcentz
-Marview Ford,and Canyon pipelines
Valley Avenue waterline repair
-3,W0 vnear feet of waterline replacement
-Glenmont Reservoir warehouse
ILII City of Rancho Mirage Whitewater River Channel South Bank,-
Improvements to Whlcewater javer..Channel South Luhk Including
ehcavadon of the channel bank to design grade.construction of a slxinch
reinforcerl_concretp slope protection mar,plag,me!i c of soll.backfill to
finish grade above mat and consumcdon of three-inch concrete slab pilot
channel reinforced with welded Are maslh.
I
3. Key Personnel
3s Resume
a, u
- James J.Stone.RGE,RCE (jim)
• City of San Clemente
-Newscarrp drains and swmi drain improvemrnrs_on Avenida Palisade.
Avenlda.Cabrillo,and Avenida de la Rivicm
-Pavement evaluations Oar Calk Ewucla,Calle Sandia,Calla Del juego,
Avenida La Cwsma and Bella Loma
Ggdsan CMmeareAieire.ee k • City of Indio On-Call Contrvot-SCUT has been providing professional
RiNnra Smrvn nr,;n
services for carious Capital Improvement Proje4cs for the City and
Redevelopment Agency since 2005 including: _
James 1.Smne,RGE-nCE -Scorm,drains at Surig4H&Indio boulevard,and Jackson Street
-City-Wide Street Rehabilitation Program Phases 4VI
rriixipai Geocecnmeal EnameG• -Avenue 49 Bridge Improvements
EDUCATION; -Slurry seal atAvenua 46dr&8hieid3 Road and type I RPAS Slurry for wet
Vnimary of Nawaa at mean, track abrasion testing for PhaseM of the road rehabiliudons
Gmdeate 5oima,0m1 Fng;mm V -Jackson Street overhead and ovamm5sing repair and retrofit i
-Davntown Indio Phasc I Improvement projects
San Jane Slate uaiv,airy -Geotechnical imesdgadon for six city parks and geotechnical testing during -�
MA c n hmcrf Engnecrmg construction for three of the parks
i -Light post bases at du I radio Municipal Golf Caorse
uni.anrty ofsanra Clam - 12,500 square-foaE,fourrvacre IndioTeen Center including parking,
65,Cmi Ensuicariny t counselinglresource center,mull-purpose rooms,tyro conference rooms ('i
internet cafe,and basketball court 1
CERTIFICATIONS: ' Ouy Water District On-Call Contract-SCS&T has been providing
Re6stcrcd Geatcchnical Engineer geotechnical,materials costing and third party QAJQC survives tothe
Scare of Calirmmll t1808 District since 2907,indudirT I
-4MG proposed reservoir rank I i
ReSiAvned Cl.,i Gnginner •Relocation of urllhios along Clive Vista Drive and a prism development
5ncaar C=I1farn1,yt25031 on the comer of Olympic Parkway and 5antaVeneda in Easdaiw ,
• 129G3'ieservair and 9646&`plpellrie f:-O tikh4 San Diego County
ADPITIONALTRAINING: WarorAudtorkys Flow ControlValve No 14 rn ReguInoryAOynrrient l
40 Heur HAZWOP13,11n6ong CIP P2009
MSHA8 Hour Mine Safety Course -Installation of a gate valve onto a 12Anch ACP waterline on Maxwell t•t
Road -
MEMBERSHIpS&ASSpCIATlONS: I -Installation Of ahrea,two-inch diameter saddlesfordomesticand
f Amerian S, ty a(Civil&ginetrs{ASCP) potable water inserted into an existing I2•inch ACP along Maxwell
[Eft AWARDS JrPVQLICATIONS; Road
1 City of Pomona
California Geotechnical LnyJneera Assx,xiwi i _Districts 1,4&6Water Main Replacement-Design services for three
Project of thtYoar 199a
Journal dGComshnlgl and GewnvironrnenW ! gf91Ps of water ma in replacements,including replacement offourvinch I
i Pn�neertng 199y"Uq 46cdon Failure and cast iron pipe with six.and tight inch ductile Iron pipe in Water
(,
Aemediadon.KLaj Harbor aW ea onda 8dr, Districts 1,4 and 6
Gatifwnh� -PLsvicCs 3 8 4 Phase i 5cwcr Main Replacement;-Design seMccs for
five groups of improvements including replacement 8-and 12-Inch
vitrified day pipe withd�2.•end.1'S-Inch.YlcnifLGd-Slay:plpe•in Districts 3& IT,�
4
• Gty of CaSO Mesa-Various projects for both the Clee and Kabbara
En8ineering Including. t
i -NOW Storm jrajr on,Fair Drive �}
-ReconmbcdonafP MondrAyenueand..l&h Streetanti Newport
Boulevardfryp
-Rehabilitation of South Coast Drive and Hamilton Street,Magnalla pti
Stree4Adams Avenue and Bristol Street,and the Parking Lot District ff 11
i fake Hodges Pipeline,Tui nd,&Hydroolactrie Plan%San Diego-
Hydroelectric planG.puMp:stadon;and connecting pipellne in lake f
Hodges,The project was the final portion that completes the water i y
transmisslon pipeline and tunnel from Lake Hodges to the Olivenhaln
Dam.
C�G)e✓ Yw
1 Y
3. Key Personnel
'l Resume
I
Ron Baudour
.. E:perlence$Responsibilities
( Ron has been in the industry since he joined SCS&T in 1983,having a solid
base of construction knowledge and expertise as it relates to nesting and
matorials, ti Reglondl Qireccvr pf_latigfaoory Service:;Ron schedules special
Du7waev oltvip inspections and coordinates die responsibilities in our San I]iego and Indio
labomnorles to meet the challenges of varying workloads and conditions. He is
responsible for maintenance and procurement of any equipment required for
Ron eaudaur certification andlor approval by the various licensing agencies,such as Cement
la6oramry Maruger ? Concrete Reference Laboratories(CCRQ.Amcrican Society forTesting and
Materials(ASTM),Caltrans,and the American Association of S mte Hlghway
CERTIFICATIONS Transportadon Officials(AASHTO). Ron maintains approval by all of The
i American Concrete InsdNte JAC[) i relevant regulatory and licensing agencies.
Grad-I#99791a I
C*wrere SrrenydrTocenf7,mhNS80 fM7e18 Project Experience
1`I Grade i Je v7nalroawyT.d,�TreM�r;��
As Regional Direnor of iaboratomy,Gerlites;Ron has been involved in
numerous projects thrpughouc hls.75_year tenure with SCS&T,The following
Caltram T-tang Medtods projects highlight some of the educational facilities where Ron served as
Nex.le67p1,207,216.717,3p1,30/,300309, 1 Laboratory Manager:
766,M M7,507,518 521,523,529 2,533,539,
S4D,554 S57 Santa Fe Irrigation District Capital Impmvemenr Projects-SMT has
I been providing geotachniml.special inspection.and materials testing
TVnzler Grdccd i services to the DIStrlcc for over 13 years.
Nudear Gap„-w Certlli-d#3329.00 -New,34-inch waterline from the Badger Plant to the San Dftuito
Reservoir
ReeFeg Consultants lnsriNce(RCt) -Fletcher Cave waterline relocation
L Quahy k,uranan OL¢.Yvcr RI0a29 -Marview,Ford,and Canyon pipelines
-Valley Avenue vaterime repair
MEMBERSHIPS&ASSOCIATIONS: -Fairbanks Ranch water valve replacement phases I and 2
(� Auw.=Concrete Insecure(ACI) City of FSIm Springs
1 Floating Consuhanss lnsnwra(RG) -Vi=Chino Widening 1
Asphalt Pa i,aenr Asturae-n(APA) -Gol(Cluh Drive,culvert reconstruction
-Phases 1-111 of og Palm Sprintfnmi-national Airport mascerplan-Phases
1 and 11 involved expansion of security,checkpoint from cwo to six j
lanes,a second caneoume,new holding room for regional airlines w
accommodate 7 to 12 aircrakand airport securitywall. Phase III
!-� includal improvements,modifiations,and rehabilitation of terminal
iCJI complex Including 6400 square feet of new floor space.
• OTay Water District On-Call Contrau-SCS&T has been providing
geotechnical,materials resting,and third party QAIQC services to the
District since 2007,including
} -Relocation of utilities along OIIveVista Drive and a private development
OR the turner of Olympic Parkway and SantaVenedn In Easdake
- 1296-3 reservoir and A-inch pipone from the San Diego County
YVator Authority's Flow Control V,"No.14 to RegularnryAhgnment
CIP P2009
' -Immiladan of a gars valve onw a 12-inch ACP waterline on Maxwell
{j I Road
Insralladon of chtY:e,two-inch diameter saddles for domestic and parable
water inserted into an existing 12-Inch ACP along Maxwell Road
• Lake Hodges Npeline,Tunnel,&Hydroelectric Plant an Diego-
Hydroelectric plant,pump station,and connecting pipefne in Lake
Hodges,The project was the final portion that completes the waxer
cransmissOn pipeline and tunnel(ram Lake Hodges m The QUvenllain
Dam.
45
i
3. Key Personnel
Resume
Svii:Tnehn+c'un James Sanchez Qimmy)
a'ItrlFlritnoNa
Tmxler Certnestlnn Experience✓k Responsibilities
Nuck Old,441757 -
Jimmy has been in theconstrucdon industry since 1998. His prior experience
Amoiean Concrete Institute(ACli indudes working for a girding ce nvactor where he operated heavy equipment
Grade I i and asslmd1 wide mechanics.Jimmy has additional experience as a tile setter.
and was also a Customer services representative for a local hoq}eJmUlldirlg,.-.
Company.Jimmy joined SCUT in 2064. His responslbihtics as a"soils tedthipran
I include soils observation,inspection,and testing,as well as grading,back ill,
underground udlidos.and asphalt resting.
i
project Experience
City of Indio On-Call Contract-SCS&T has been providing professional
servloes for various Capital Improvement Prajoctx for the City and
R�dplclgprpenx�P,gency,since 2D35 includin&
Sln?in dfains at Sungold&Indio Boulevard,and Jackson Sweet i
-Georechnial investigation for six city parks and geotechnic l w5driz l
during construction for three of the parks.
-City-Wtde Sc z Rehab111tadpn Program Phases I-VI.
j -Avenue 48 Bridge Improvements- j
-Downtown Indio Phase 1 improvement projects-
• Cicy of Palm Springs
j -Golf Club Drive culvert reconstruction
Phases 1-111 of the Palm Springs International Airport
• Sarin Fe Irrigation District Capital Improvement Projects-SCS&T has I
betvm providing geonechnical,special inspection,and mammals testing
I services to the District for over"I I yam •v
-1480 linear feet of wauor11ne replacement-
City of San Clemente
-thew storm drains ad n storm drain improvements on Avenida Fallrada, i
i Avenida Cabrlllo,and Avenida de la Riviera ll 1
Ismael Gonzales €tea
Soils TechMdan Resume
Ismael Gonzales F1
CERTIFICArfON$; 1
TraxlerCerd6ealinn Experience&RpspnnslhQidM ,
Nade7r GaLge#➢2715 j
i ls=O has been in The construction industry since 1996, and in the f;
American Cenerstc Inttlt,.ec(Aer) I georechnial field since 1998.when he joined SCS&T Previous cxperitoce �+
Grade l xer 14992t In the indusuy consisted of undelyround wristruction.,r!;s-µ,5allsfiert+ntetan,
IIsmael performs soils observation,inspection,and rosi:4 of grading,backlill, 7
underground udllnes,and asphalt of dog. E't
i
1 Project Experience
• Santa Fe Irrigation District Capital Improvement Projects-SCS&T has
been providing geotechnical,special inspection,and materials testing
j services to the Districr for over 13 years.
-New 54-inch waterline from the Badger Plant to the San Dieguito
1 Reservoir
• City of Poway Capital Improvement Projects
-Replacement and upgrading Rf--F1 awater•sy-scertt.piNI1ne,vvater mains m
and the addition of fire hydrants for addltini as 4e protection in the
Green Valley area and onYaMollnero Ef'i
-Oak Knoll Trunk Sewer replacemem
.N C
-J
1 3. Ivey Personnel
Ivscph RJolsrud 1 Resume
Spedal lnspeaor Joscph Kjolsrud (Jae)
CERrIFICp.T16Ns; Evpericuce&Responsibilities
Giq of RNerrlde
Rdnfarced Can[nav pSpO>002o Joe has over 32 years of construction industry experience and has been
Ssmcranl 5nnlSteel&Wddimng5-0N0Po109-07A employed with SCS87 since 2005. He warked for 19 ears as a�opnerete
i espmacpr and general construction emmator in the Inland Empire, Other
In9emxtien>,I Code Caw•ciI(ICC) I experience includes work for a concrete constmcdon company as a cement
Rdnfciced Ccn ne AS230739.49 mason and concrete form carpenrar. Skills include estimating,proposal
SrroR,yral Mowry N5730739-X4 I prepuaoon.purchasing,dispatch.field support and operations coordination.
Scr=nl area!4Wddina 95230739-as
In his current rely as a Special Inspector,Joseph's responsibilities include
American Cenerett Insd,vLc(ACQ I inspection of concrete,masonry,and welding
Grade l 400039696 project Expck iegee
CPN Nuclear Gauge
Conr5mlen it49 Or/of India C n-Call Contract-SCS&T has been providing professional
r- services for various Capital Improvement Projects for the City and
p ME14BERSH IPS&ASSOCIATIONS: Redevelopment Agency since 2005 including:
Amelun Conocm Insce. I =Storm drains at Sungold&Indio Boulevard,and Jackson Street
IMarnxborul Castle Cvunal 'III SB
l -Light post lases at
the Indio Municipal Golf Course.
11 I -City-Wide Street Rehabilitation Program Phases IN]-
-Avenue 48 Bridge Improvements.
r • City of Coachella-projects include various sidewalk construction
I throughout the city,and the Street Rehabilitation Program Phases 4&S.
t_ I • palm Springs Intonational Airport Phases I-III-Airport masterplan,
including expansion of security checkpoint.a second concourse,new
I • I holding room.airport securky wall:and improvements.mo0camanst and III
rehabilitation of terminal complex
L
Midlad csemmalq Resume
$pyrgl melxernr Michael Germinsky
i
CERTIFICATIONS: I Experience&Responsibilities
International Cade Council(ICC)
Structural rizsmryO5274303at4
Sppfy ppried hro. vfir%#5274N0 436 Kiehael has been in the construction industry and with SCS&T since 2006.
Prior experience encompasses work as a customer service representative and
American Concrete Inrourte(ACQ order selector.whicb indudad quality control and safety coordination.
Grade I e0106g541
Michael joined SCS&Tin 2006,As a Special Inspector,Michael provides
MEMRERSHIPS&ASSOCIATIONS,. inspection of concrete,fireproofing and masonry.
Anxrican Cmcreto lnantice r
International Code C4w161 pirojeck ExperlenFe
• City of Indio On-Call Contract-SCS&T has been providing professional
services for various Capital Improvement Projects for the Crc7 and
Rede2elo�mi nt-Agancy since 2DD5 includinr.
-Siam drains At Sungold&Indio Boulevard,and Jackson Street
Well98
City-Wide-Scrom RLI-obilu don Progmm Phases I-VIA
i -Avenue 1 8r11gc Improvements.
• Palm Springs IntemationalAirporc Phases I.III-Airporc masm-plan,
including expansion of security eheckparm,a second concourse,new
holding room,airport security wall;and improvements,modifications.and
1f1 rehabilitation of terminal complex.
k�J
3. Key Personnel
i Resume
a ' j AnthonyWiant
Experience&Rciponsibilities
! Anchony joined SCS&T in 2008.Asa LaboratoryTmhrtkian,Anchony'5
t'e5 nsible for erWmIn day-to-day te.- in the laborato including sieve
. , � n •m Po P g�Y'- y ^vng ry.• g
•�..,.. ,„,..� � analysis,consolidation,direct shears,R-value,and LA abrasion testing. He i
Spre,I a vle I ADZ M1'W-,UA ! rdn all tests according to standards set by the Cemenc Concrete Reference
Laborauories(CCRL),American Satiety forTesting and Macedafs(ASTM),
Caltrans,and the AmerltanAssociadon of State HighwayTimnsparadon
AnthvnyYviant Officials(AASHTO). !
La6M+mryTslvw-m, •
Project @xperience
• Ciry of Indio On-Call Conrracc-SCS&T has been providing proressional
services for various Capital Improvement Projects for the City and
Redevelopment Agency since 2005 Including:
i -Downrawn India Phase I Improvement projects, ': I
-Jackson Street Overhead and overcrosslrkg mpalr and mwofic I
City of Coachella-Sur ei Rehabilitation Program Phases A&S. i
- City of Cathedral City,Sky Blue WaterTrail-Sidewalk Improvements �
including construction of'missing links on Sky Blue Ware-Trail at various
loganons bcoveen 33rd Avenue and Ramon Road. i
• Palm Springs lmnrnadonal Airport Runways-Paving 5,000 linear hues of
Runway 13L-31 R,Taxiway E.and cross-connecting taxiways.
• Palm Springs International Airport Phases I-III-Airport masmrplan, t {
including expansion of security eheckpaint,a second Concourse,new holding
room,airport security wall;and improvements,modifications.and
rehabilitation of torminal complex.
• IMwood State Prison,Blythe-Construction of a new water tank,
• 29 Palms Marine Air Ground Combat Center HQBCAtmocy-New
10,2I0 square-footArmory for storage and routine maintenance of small
i arms and emergency gear.and leading dock. Facility will be divided into two
units, 1 Al
l Baseball Scoreboards at Mount San Jacinto Community College District.
San Jacinto Campus, �•
La Qufnta Dune Palms Apartments,La Qulnra-15-acre protect including j
21 B affordable housing units in four,three socxy buildings with an
underground parking garage,community swimming pool,rest rooms,laundry ,
fatalities,and a basketball play area.
• Aventine II,Coachella-One-and two-story single-family homes. U
• Classic party Renss.Is,Various locations in Riverside County-Vertical tension
and lateral resistance of stakes for rigid and semi-rigid evens structures at
various locations_ (
j Dinks Grill,Palm Springs-New restaurant in Palm Springs. e I
• Sun Cry Shadow Hills,India-One-story detached homes in an Active Adult
community. FAcilides include fitness center,pool,clubhouse,and golf course- («'l
_ I PGA Stadium.Tvumamenr Club,La Quinta-21.534 square-fQQL twoamry j-
building,Tenant improvements and remodeling of Club in La Qulnta•
including stain;locker rooms:bar,lounge,and dining area;and main entry.
New lower low[;Grab&Go Convenience Market:patio and fire piL {
^try Cl
f•J
l
4. Past Experience & References
.l City of Palm Springs
j • New animal shelror.
•Vista Clrina Widuning.._
r� Golf Club Drive culvert reconstruction.
• Phases 1-111 of the Palm Springs IncernatlonalAirpon masterplan-
Phases I and II involved"pans7an of security checkpoint from oxo to
six lanes,a second concourse,new holding room far reganal airlines to
p y accommodate 7 to 12 aircraft,and aifpprt security wall- Phase III included
1 ay dr„co yr„Sprat lmmmoaaiairpert improvements,modlFldtions,and rehabilitation ofterminat comple2e including
77 6,500 square feet of new floor space.
Contact Name:Allen Smoot Contact Phone 760.77&8456
J I GeuterhMcol Services Gcmtochniwl lovestigation:Ohsermon&Testing of Grading.
r} Subgrade,Bad:f7!&underground uduves
1 Special Inspection&Materiak Testing:Conuete,WL4dmg.Masonry,Fneproofng,Past-
Tension Concrete
Third Parry QAIQC Servi=Rwiing
CiCy of Palm Springs(Engineering Resources of Southern California,
Inc.)
I • Vista Chino Widening.
1 Golf 0u6 gyve culvert reconstruction.
r "
i
Comact Name:Bob Righetti Contact Phone:760.342.3019
Geotechnical Services Gmtedrnical Investigation,Observonan&Testing of Gradng,
vRn Cln,owidminf i Subgrode,Curb&Gutter.Undergmund Uvliio s
� City of Indio do-Call Contract
Various Capital lmprovemenc Projects for tha City and RedevelopmentAgency
since 2005 includinrp
i Cmy-Wide Street Rehahil aeon Program Phases I-VI,
• Avenue�48 ariOge Improvements-
- Slurry seal atAVenue 46th&Shields Road and type I REAS Slurry for wet
rrsck abrasion tasting for Phase VI of the road rehabllitations.
• Jackson Srrae>;ayeyhead pnd.overcrossing repalr and retrofit
Downtown Indio Phase I Improvement prolecu,which wjll.indude street
l•� impravemerim underground condult system,js~and water lanes,
!C and landscaping.
• Geotcchnical imrestigauon for six city parks and geoteehnlcal teudng during
construction for three of the parlor.
• Light post bases at the Indio Municipal Golf Course.
• 12,500 cquarc-loet,four crc Indio Tcan Cenn`r Including pyrdng,
coumelinglresource cenrer,mulo-purpose moms.twa conference rooms,
i^} I internee cafe and basketball coor4
l�,Jl l • Various muer ine improvemanu,pump stations,and city water wells.
Contact Name: Grant Eklund Contact Phone:760942 6530
S.ne re Irtt�am oiraxt
Geate hniwl Services:Geaterhnical lwe rigaGan;Pavement Wesdjadon,Grading.
AspholL CaKson Drilling,&X011 and Base Material Observation&Testing
i 5pedo/lnspectiun&Materials Testlng.Concrete,Masonry,h1elding
4- Past Eyperi,ence & References
County of Riverside Southwest Sedimentation Basin at:Badlands
Sanitary landfill
New sedirnen=ior,basin to ensure the Badlands Landfi(I remains compliant
with the requirements of the EPA Construction General Permit and Code of
Federal Regulations. 35400t hie spillway embankment with drainpipe and riser.
Aaetemng or landslide slope within the basin grading limits and construction of
a buttress along the landslide toe limits. Construction of associsucd dwaldi�a'
I •stryCW[� •
5euw�aea6weean eau•�ea,d�ande - ---• i
s.iiiw, aMcu Contact Name;"Cortm Contact phone951,486.3752
i
i
Geocechntcaf Sc,vrces.Earthwork OdsermVan&Testing,Geokgrc Mapping of i
Exrevatron Slopes
Special Inspection&Materiols Testing:Concmw,Shorcrete
Otay Water District On-Call Contract '
SCS&T has been providinggeotechnical,materiah testiing,and third party QA1
QC seryicas to the Dlstria since 2007,inducing:
i 4MG proposed reservoir tank.
• Rdocadon of udlldes along OrveYsta Drive and a private development on
the corner of Olympic laarltway and Santa Venetia in Eastlake.
1 1296-3 reservoir and 36-inch pipeline Pram the San Diego County Water
Authorir s Flaw Convol Valve No.14 M RegulaeoryAlignment CIP P2009•
oc,Fw,ur aleolrt Insollatioh of a gate valve onto a 124nch ACP waterline on M Xwell Road.
Ihaallation of three,tv t inch diameter saddles for domestic and potable
water inserted inch an cuisting 12-inch ACP along Maxwell Road.
• SCS&T and SC5 Ea ne ra worked mgerher to provide a Phase I
environmental assessment for possible parcel acquisitions by the District
I
Contact Namo:Manny Magana Contact PhonT.619.670.2257
Gcoterhnkdu Srrvmr. .Gmterhmcol Inresugaonn,Underpraund U01Y Observation& „a
Testinp 1
Spedaf inspection&MeteriafsTesting Welding,Cancrem i
' Thgd Porty QNQC 5eryices-Racement of PK Waterknes and Apes
� r1
E
Santa Fe Irrigation District On-Call Contrail
SCS&T has been providing geotechnical,special inspection,and materials testing
i servlcas to the District for over 13 years.
• J,180,IJsear•feet ofi w?tefllire.rephLcRment, E
{ Neq;:5,4r}rieh:vfafgrllna Roan d,e Badger Plant to the San Dieguito Reservoir
• Fletcher Cove waterline relocation.
• Marview.Ford,and Canyon plpolnes. p
• Valley Avenue waterline repair, 1r.1
s.a,s Yc trtyatbn orrrin I San Dieguito Dam investigation.
` - Glcnmant Resurvoir warehouse. {'
• Fairbanks Ranch water valve replacement phases 1 and 2- E{
l Replacement of pipeline with 3,340 liipeae feet of.l2-inch pipelim'%tY;a de
Fortuna and La Crescenra.
• Waterline repairs at the Del Dios Highway,
• San Elljo Road fuutre culvert installment.
E • New valve vault at Sama Viictorm and Santa Helena,
Contact Name:Dana Johnson Contact Phoney 8SR756.2424
-i
EGeolechni[al Stryker.Geotechnical 117M 906 .Observation&Tat ng of
Underground Utilities,Suhgrwk,Bose Matenak,Grud,ag,ondAsphalt }7
Special(nspection&Materials Testing•Concrete
5. Understanding Scope of Work and Work Proposal
whether a pmj=rNuies researtft I SCS&T understands chat City Pmnject No.07-1 S consists of materials testing
airalysir Inr�suparlaa or resommeMatons, ! and inspection for the Palm Springs Storm Drain fine 14Stago 2-The project
eor tuff hu dti:uronentc nceesary m encompasses the consmrcdon of a master-planned storm drain system
provide ielabie miorm;Von SssT ran eacending through the Palm Springs Wasaewartr Treavnenc Plans,with a new
assist In various asyxrs nfrFw rynlecc from outlet into die Tahgwa Creek Golf Course.Upon complarion,the master-
1 site planning m chorcVgh sm Vydigg and planned swan drain system will be owned and maintained by the Riverside
final derolepmmt' County Flood Control&Wawr Conwrvadon District("RCIC'�.
I SMY provides field observation and
mebna c(vr%nrihnork m assists The City will be administering and providing construction inspection of this
the nnpkmrnnrioV olEeo I'd ical project with Its own staff.The RFP is limited to providing materials tescingf
•� ecamireildations and spptitannna are inspection services related w Class 2 aggregaoe base.asphafc concrete
f0owed during coisuvm'en parvefnsnG pordand cement concrote pavement,storm drain pipe bedding,
i storm drain trench backfmll,storm drain reinforced mncrene outlet structure,
I reinforced concrete mctlning walls,and 48"CMUCMC welded steel effluent
plf
SCS&Twill provide all materials testing and inspection scrvico-s as roqulred by i
1 the plans and specifications prepared for City Project 07.1 S by DMC Design
! Group and daredSeptcvnbcr 17.408.for the following Items:
Storm Drain Outlet Structure complete with Wing Walis,Cuo-OffWall,
Trapezoidal Outlet Protection Barrier,and Grouted Rip-Rap Protection(per
Details Sheet 11);
• Reinforced concrete storm drain transition structure(I); ` I
I,] Reinforced concrete storm drain manholes(7): 1t!
• 66",72",78"and 84"RCP(2000D); 1
• Storm drain pipe bedding and trench backflll Q,145 Ln;
f-I I 48"CMUCMC welded steel effluent pipe;
1 i - Reinforced cencrt-uc retaining wall(APWA Sad 610-2,Type l)i !!
• Portland cement concrete pavement;
{ i - Asphalt concrete pavement
tL I Cuss 2 agrega to base.
i Materials tesdnpjnspection services will consisa of soils compaction and density
tcst:,structural concrete,reinforcing steel,srructural steel,metal fabrications.
i and welding.All storm drain g pipe bedding and storm drain trench backFlll
compaction will comply with the special provisions prepared for City Project
n 07-15.
!IJ! SCS&T wlll have its inspeaor(s)report to the City's Representatives each day
materials xest ng and Irapeccion services are required.The Inxpoctor(s)will
submit a daily report Indicating the time of arrival and time of departure,the
type and quanddes of the materials testing performed and any necessary cast
i results and observadon.Any defective work will be immediately reported to
the Owner's Representative in writing.
L`J We anticipate that testing and inspection will be provided on ari as-needed,on,
GEOTECHNrCAt OBSERVATION k call basis as tcheduied by the City's Representative.SCS&T win meet with the j
TESTING Clays Reprosentarfvo prior to the start of construction in order to establish
detailed reporting procedures and establish reporcformats that best fit with
Se5&T providcY read odservawnand cesnrig i City requirements.Communication protocols will be established to ensure
Imscluding; that all field report;,data,toss results and related information is=n:mkced f
Undurgwimd Vestia. not only in the field but also to interested City staff in a timely manner.Email t
t,] ce,dln¢ addresses,cell phone number;and related communication lassies will be i
Sam Mistrial outlined so that site visits,sampling,and inspections cap be scheduled in the
ftphaic most'effident manner. j
C�i:rons I I
Foedn�
Sod Nail
q
5 " �'
S. Understanding Scope of Work and Work Proposal
Spetol Work ProposallApproaeh
a nrefr the rdlabil,ly and inm%I q of mucdvis
1 y"d in tonba•melaq•nk.d fadnre of[he t
niue Is and mxmrxm dlc uml0mn oualir. The methodology SCS&T will use to accomplish each of the project tasks and
service::cxp:etcd as defined in the Scope of Work will consist of; .
J sWrof pmv,deemuai Inspeeaen.wh.h Iw q I I protect Engineer participation in a pre-mnstruccion meeting;
sraR of mold-medeu,alt�l ln7eceor, a9ow4g
r5 to;ire our dienrs mnn�-y by using a Single x Observation of the eXCaYation for the Stxm Ora In Ouddl Scru=ure
ias(rtxrrn far,nu:rlNe xades complete with WirT Walls,Cut-Off V xW'rTrapezoidal Outlet Protection
i Barr*and Grouted Rip-Rap Protection;
5C$&T perferv.. non-dr srms:ira exammadon ' Field derisky testing of the Ourlec Structure subgrdde
and f eong•which It used w emmine marerole ! Field densip'testing of wall Wkfill
wrtl,uut endte',,n,-rag rhrvr hrtare uaefnlness. Inspection of reinforcing steel placement !
! Concrete sampling and testing
Obsel ujon of Rip-Rap installation,d requested
Grout sampling and testing.If requested.
I 3. Observation of the excavation for the reinforced concrete storm drain
I transition structure '
Field density resting of the transition strvct m tubgrade
i Inspection of reinforcing steel placement '
i Concrete safnpfing and testing I
4. Observation and testing of reinforced concr uEe xtorm drain manholes,if
requested:
S. Obser adon of trench«taxation.pipe beddng;and backlill;and-
performance of a Feld wstlng program to evaluate compaction for the 66", . .
72",78",and 84"RCP.
6. Observation of trench exavation,pipe bedding,and backflll;and - a
performance of a Geld testing program to enluate compaction for the 48"
CMVCMC welded steel effluent Pe:I l �
P
i Inspection of welds
Nan-destructive resting of welds,if requested.
i 7. Special in'specrlan of the reinforced conercre reraining wall; .'
I i Observation and testing of foundation bottoms
Inspection of reinforcing stet Installation
conarore sampling and testing i
Observation and Geld density testing of wall bacUll.
S. Observation and costing of the subgrade for pordand cement concrete
pavement
' Sampling and iesdng•eoncrete,If requested- ; 1
' 9. Dbscrvadod andaesdngpF,th@ asphalt concrete pavement
10,Observatlon and'`iestiriga t}ie-ssiagrade and.class 22ggregaue base for
i pavomonts; �r5
CEiMFICATION5 ! I[. preparation of:WIV-fepprMdescnbrnS the inspections and test results: 1
5C5¢7�LuW=n arc r ir.�id by the fagwmrg the rcporu AT be submitted no the CIO Representative at the site and
agmd�u: diMlbuted to other City personnel as needed;
12 Preparation of final reports.summanring results of our tests and
Americo COIICiCxC l,rttitum(AO) I obseryaTlOf1T.
ArmnQn Society of Mon-Descruedv Tcdnp
(ASW)
Aaanne,esn Welding Sceray(AWS) rj
Cky of San Diego
Division of the Sut Arddn,(D5A)
I..ernoonal Code Council(trey C�
Nxioml h,sdmm for Cerdfcaiicn in Erµlnoeling
Tcchmkg;e.(NlCai) J
office af$ucemts Health Flarwle�a I ,
Ooclap nwt(O$HFD)
52
1 `
1 6. Local Preference
W5AT is known as one of the coon Southern Carifomia Soil Viesung,Inc.in ac tordance wirh Ordinance 1756 of
eamerehenawe iaborarory and nfdng 4cdncl;n the C' Springy." Southern Califamh. RY of Palm$p Itgs,requests local preference and submilts the following
current business license For thisjurlsdlcrlon.
1 If k can be buA4 we can nst It Whoa cc cr
11 trsfng and Inspemcn fil d�not have the
necessary egwpnicnc Or expervae required w
pronxa tent MC,ctirmc to of We have been i �� OIL., rT�tI�TO
rcf rn-I man"die 66%W n��ri[[mmmm �+�'�,i11ClllllTl�^i r}!
All laboratory icafitg and lnspeaions arc BIIMESS I.H,,�H..SE ChRTWICATE
!IimttrNimbo II1.0100{1!7
,.� Fnrfvrmed.Ndvtrc eompromiscand arc I;µaPrYFG1NggWNCRVC
cKtNmd N c phznee with nitnana mtlus(ry
snndsrda �
l i sD1n1¢xvrson.� .
1 TMUM
lrfwCMUSAVUESrepcc
RIDIOCh9A91 .
n
I
11
A.Si.celsWmANm .
EI7KICR1[OSAVES[EF RVSD' ,
I^� I DdA0 CA972d1
k -
Vtidlr.. Mtyal,21W gi)Ym MsyR1,lON
I
D �I�lt�Yltb. �r
� lYNyr;P Ypolytlrydlr6+►YeatlkYlxPRcs
J
PROCBbU1u.L GU1gRtINE57, +
CR'"VICATIOMIS I
We arc ccrtlficd by and adhere to dte gui&iIfto
ef:cecrtd rcculamry Atcnacs,including,
AA1IiT0 Maces'W cence Library FARML)
Amorilan Sotanry.,IorTlesdng A Matm.lt(ASTM)
California Building Code(CSC)
Canon,B Concrere Re/erenee Lab,aiery
(cclty
The Ciq of Les
The Glq of Sin Diego
p;rision of die StanaArchircct(D5A)
FedeolAvleuen Admmomanoo(FAA)
I mernanonal Building Cotlq(IDC)
(� Scam of California(CsIftns 5pedrradon)
Tloe 24 i
(''r U5Anry Cerpa of axlncCr,
US Department ofAgetculture
t:{
53
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Estimated
Hours/Unit Rate/Unit Total Cost
FIELD TECHNICIAN
Technician -Storm Drain Outlet 8 hours @ S84.00 /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", 78"and 84" RCP 12 hours @ $84.00 /hour $1,008.00
Technician-Storm Drain Bedding and Backfill 160 hours @ $84.00 /hour S13,440.00
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 $1,680.00
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-Suhgrade/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 S668.00
Final Report-Geotechnical 1 report @ $1,275.00 /report 1275.00 -
$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 S284.00
Resistance-Value 1 test @ $265.00 /test $265.00
Sand Equivalent 4 tests @ $85.00 /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.
27
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