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HomeMy WebLinkAbout05678 - SOUTHERN CALIFORNIA SOIL & TESTING INC ANIMAL SHELTER GEOTECHNICAL INVESTIGATION DOCUMENT TRACKING Page:1 Report: One Document Detail March 7,2011 Condition: Document Number a5678, Document# Description Approval Date Expiration Date Closed Date 45678 testing services-site for new animal shelter 06/17/2008 ,ompany Name: Southern California Soil &Testing Iddress: Howard Katz,President, 6280 Riverdale Street,San Diego,CA 92120 ;ontact: Mr.Katz Troup: PROCUREMENT Contract Amt. Total Paid Balance iervice: In File $5 000.00 $5,000.00 ;Ref: AL SMOOT (760)318-3802 is.Status: Certificate and Policies are OK Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid AGREEMENT DOES NOT REQUIRE ANY INSURANCE kdh under$25k CM may auth 06/09/2008 $5,000.00 kdh to CM for sig 06/09/2008 * ***ENDOFREPORT****** AI 15 `� `` C 7 r-C r CONSULTING SERVICES AGREEMENT Southern California Soil &Testing, Inc., geoteclnhical investigation of new Animal Shelter site THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this \1�'-day of V1 May, 2008, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Southern California Soil & Testing, Inc. ("Consultant'). RECITALS A. City requires the services of a professional geotechnical investigation of the site for the new Palm Springs Animal Shelter("Project'). B. Consultant has submitted to City a proposal to provide geotechnical services to City pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such services. D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT I. CONSULTANT SERVICES 1.1 Scope_ of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide geotechnical investigation services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. i IND/O€ AG,:? �--_ 1N i I Revised:$12=7 5076392 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"A,"which total amount shall not exceed $5,000. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to City in the form approved by City's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional 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; 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. 3.4 Anpropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 ReviGed:3123107 5076392 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force 1VTaieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the goverunent, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section -9.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 30 days from Notice To Proceed, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 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 and work specified herein and make all decisions in connection therewith: James J. Stone, Principal Geoteclmical Engineer_ It is expressly understood that the experience, knowledge, education, capability, 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 personally supervise the services hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee_ It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that 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. 5.3 Prohibition Against Subcontracting or Assi ng ment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 3 Revised:3123107 $V(,39,2 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: 'Title: James J. Stone Principal Geotechnical Engineer 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit"B,"which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and bold harmless City, its elected officials, officers, employees,-agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to Consultant's performance under this Agreement, but excluding such Claims arising from the negligence or willful misconduct,of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability hereunder. 4 Revised:3123107 507639 2 8. RECORDS AND REPORTS 8.7 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. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and 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. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon die 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 or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 5 Revised:3123/07 5U7G39.2 9.3 Rizhts and Remedies are 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. 9.4 Legal Action. In addition to any other rights or remedies, either party may tape 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 injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. __ 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be detennined by the City. Upon receipt of the notice of terminatidii,'Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOYEES,• NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Emplovees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MJSCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 6 Revised:323107 507639.2 To City: City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Southern California Soil &Testing, Inc. Attention: James J. Stone 6280 Riverdale Street San Diego, CA 92120 11.2 Integrated Agreement- This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder_ 1I.5 Authoritv. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are fonnally bound to the provisions of this Agreement. [SIGNATURE PAGE SEPARATELY ATTACHED] 7 Revised 3123/07 5076392 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: `, David H. Ready City Manager APPROVED BY CITY MAItAGER, e APPROVED AS TO FORM: ATTEST By: Dou as C. Holland, a es Thompson, Cit Attorney Eity Clerk "CONSULTANT" Southern California Soil &Testing, Inc- Date- By (raanae) �2�c7-✓ WC7e�a.4✓i r,� t/�u�president) Date: name) H&C,) 6 'D (secretary) $ Revised:3123107 507639 2 ALL-PURPOSE ACKNOWLEDGMENT State of Cali Fomia County of __- �.., Q!,�_a SS. On 51 -08 before me, 01A'�P_ L NG2X1 r Notary Public, DATE personally appeared who proved to nIe on the basis of salisfactoly evidence to be the person(s) whose name(s l�s are subscribed to the within instrument and acknowledbed to me thadAhe/they executed the same inLi-Pher/their authorized capacily(ies), and that by &Aier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 01411 L NORRISS WITNESS nay hand and official seal. (:m ffli #1507804 � II PY o!II?UC-CALIFORNIA t ' Curly ,gym EAprrtP"5 s llog�usn6,2� 6 NOTARY'S SIGNATURE PLACE NOTARY SI,AL INABOVE SPACE. OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT ❑ INDIVIDUAL nn �m �l�� CC4;�W4-e CORPORATE 01'PIC'LR V- VI' TLC ORT PE O DOCUMENT ❑ PAR"rNER(S) ❑ ATTORNEY-IN-PACT ❑ TRU51"LL"(S) NUMBhR Oi PAGES ❑ GUARDIAN/CONSERV41'. 0R 5 9 &1 ❑ OTHER: DATEOFDOCUMENT _ DTI T ER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF I'LRSON(S)OR ENTITY(TES) IZI(illT 'e G� SG e__ TIIUMBPRINT OF SIGNER o APA(II/2ullb NOTARY BoNIIS,till PPI.I1,5 AND FORMS A'I H'111'//WWWVALLrY-SIERRA.COM 0.2005-2008VALLEY-SIERRAIN$ILtANCI, ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5& I Ss On 5 '.a°- 000 before me, wa•nJe- L. pi o flR r.S _'Notary Public, DAI I, personally appeared— (Aw,n curd 4, b;t-L _ who proved to me on the basis of satisfactory evidence to be the person(s) whose aame(s)�i'/s arc subscribed to the within instrument and acknowledged to me that0she/they executed the same in 0/her/their authorized capacity(ies), and that by 0her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY Or PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. wDill L, NORf�15� 4 L'oRlm > 1507804 WITNESS my hand and official seal. „. . W-T)'PUKIC-CALIFORNIA gun Mega Couoly /; ✓ 44/T IrT cXplres Augus116,200E F /� ////, —] , ,""' NO'I'A RY'S SIGNATURE PLACE NOTARY SEAL IN AHOV I.51•ACI- OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent ITaudulent attachment of"this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL --G_ d ® CORPORATEOFFICER C_ iC. C) • TI LE OR TYPE OF OD• CUVr.NT ❑ PARTNLR(S) TITLE(8) ❑ ATTORNEY-IN-FACT ❑ Taus FEL(s) NUMBER OF PAGES ❑ GUARDIAN/CONSERWffOR ❑ OTHER. _ DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: a, NAML OI PERSON(S)OR F.NTITY(IFS) RIGIIT THUMBPRINT SIGNER e a -- F APA01/2008 NO'CARY BONDS,SUITLILSAN❑I'ORMSAr IIrrp://www VALI_hY.M.IZIZA C'OM e)200=-2008VALLEY-51f.BBAINyU[jANCE EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 10 Revised:3123/07 507639.2 I. I sou a TEsrING, INC. San Diego Office Indio Office z p r'r� P 1•1 O N E I P.O. Box 600627 P n o N e 83-740 Cltrus Avenue (619)280-4321 (760) 775-s9s3 in!;�"rl 5an Diego, CA 92,160-0627Suite G zTOLL FREE , 5280 Riverdale Street T O L L F R E Eai (877) 215-4321 (877) 215.432E _ P ASan Die o, CA 92I20 FAxIndio, CA 92201-3438 �' J J• e �' (61 www.scst.com (760) 775-8362 www.scst.com p I PROPOSALFOR GEOTECHNICAL INVESTIGATION . NEW PALM SPRINGS ANIMAL SHELTER Lj VELLA ROAD AND MESQUITE AVENUE •r, PALM•SPRINGS, CALIFORNIA u _ L•.J G I I PREPARED FOR: ALLEN F, SMOOT OWNER'S REPRESENTATIVE CITY OF PALM SPRINGS a PROCUREMENT AND CONTRACTING 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 SUBMITTED BY: SOUTHERN CALIFORNIA SOIL &TESTING, INC. 6280 RIVERDALE STREET SAN DIEGO, CALIFORNIA 92120 I 1 Providing Professional Engineering Services Since 1959 i SOIL&TESTING, INC. San Diego Office Indio Office z _ a �iT^T-0 I'-� P H 0 N E RO box 600627 P H O N E 83-740 Citrus Avenue (' '� (519)280-4321 (760) 775-5983 v T A L L P R C- E San Diego, CA 92160-0627 T O L L F B 8 E .Suite G a ���^^1 (877) 215-4321 6280 Riverdale Street (877) 215-4321 'r Indio, CA 92201.3488 F.. ', �,y San Diego, CA 92129 x (r FAX FAX 1 :`1jyF• Y�q 1��� (619) 280-4717 www,scst.com (760)775.8362 www,sCt.com O M May 8, 2008 SCS&T Proposal No. OBISO59 i Allen F. Smoot Owner's Representative City of Palm Springs Procurement and Contracting 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 SUBJECT: PROPOSAL GEOTECHNICAL INVESTIGATION LJ NEW PALM SPRINGSANIMAL SHELTER VELLA.ROAD AND MESQUITE AVENUE (� PALM SPRINGS, CALIFORNIA l Dear Mr. Smoot: UINTRODUCTION In accordance with the request in your letter dated May 1, 2008, Southern California Soil and Testing, Inc. U (SCS&T) is submitting this proposal to perform a geotechnical investigation for the new animal shelter in the City of Palm Springs. The facility will be constructed on the corner of Vella Road and Mesquite Avenue.The building will cover approximately 22,000 square feet. Parking areas will be'to the south and the northeast of the building. One acre east of the building will be set aside for expansion. Structural plans have not yet been developed.We understand that the City has adopted the 2007 CBC as its building code. SCOPE OF WORK In accordance with your request, subsurface conditions will be explored by drilling 6 exploratory borings to a ^ depth of 25 feet.As an alternative, 4 test borings 25 to 30 feet could be drilled. Costs for this alternative are discussed in the"Cost Information"section of this proposal. A SCS&T engineer or geologist will log the borings and obtain samples for examination and laboratory (? testing. The laboratory program will include moisture content and dry density determinations, classification - �f tests, shear strength,tests, compressibility tests, an Expansion Index test, an R-value test, and corrosivity assessments. ' The results of the field and laboratory test programs will be evaluated to develop conclusions and recommendations regarding: C1. Subsurface conditions beneath the site. 2. Geologic and seismic hazards that could have an impact on the project. a3. Criteria for seismic design in accordance with CBC procedures. New Animal Shelter May 8,2008 City of Palm Springs SCS&T Proposal No. 081S059 Page.2� 11 4. Alternatives for foundation support along with geotechnical engineering criteria for design of the foundations. S. Resistance to lateral loads. 6. Estimated foundation settlements. 1 7. Support for slab-on-grade floors. 8. Flexible pavement structural sections for parking lots. 9. The corrosion potential of on-site soils with respect to ferrous metals and reinforced concrete` Results of the investigation will be summarized in a written report complete with field and laboratory data. } Five copies of the report will be submitted. Il SCHEDULE LJUnderground Service Alert (USA) will be notified as required by law as soon as notice to proceed is received. USA requires 48-hours notice before subsurface exploration can start. Subsurface exploration work can be completed within 1 week after utility clearance. Laboratory testing can be completed within 2 l J weeks of the finish of field work.The final report can be'submitted within 2 weeks of the finish of laboratory l J testing. i LJ COST INFORMATION LJ We propose to provide the scope of work outlined above (6 tpst borings) for a lump sum of $5000. If the ff alternative field program (4 borings) is elected, the lump sum cost will be$4500. Ll Work beyond the scope outlined in this proposal will be performed on a time-and-expense basis in r accordance with our 2008 Confidential Schedule of Fees, attached. An estimate of the cost of additional IU) work will be prepared for review and approval before any extra work is undertaken. We appreciate the opportunity to prepare this proposal and look forward to working with you on this project. If you have any questions, please call us at 760-775-5893. Respectfully Submitted, SOUTHERN CALIFORNIA SOIL &TESTING, INC James J. Stone Principal Geotechnical Engineer JJS:Ik Attachment: 2008-Confidential Schedule of Fees for Professional Services n (2)Addressee t.1 I SOUTHERN CALIFORNIA SOIL & TESTING, INC. Confidential Schedule of Fees for Professional Services Effective January i, 2008 Southern California Soil & Testing, Inc. (SCS&T), agrees to provide professional engineering, geology, and inspection services, on a time and materials basis. The fees for these services are invoiced at the unit rates listed below. SCS&T's standard terms and conditions are provided on page four. PROFESSIONAL SERVICES � IEngineer/Geologist Principal Engineer/Geologist............................................................. $167 .1 Senior Engineer/Geologist....................:............................................. 132 Staff Engineer/Geologist..................................................I.................. 102 LDeposition and Trial Testimony•........................................................ 350 [• 4-hour minimum,with any time over 4 hours billed as 8 hours.) �., Engineerfng/1"echnician Soils Supervisor................................................................................ $102 Materials Supervisor.,..................................................................... ... 102 ' Soils Technician.................................................................................... 84 Materials Technician, (ACI)................................................................... 74 NDT Technician,'(UT, MT, DT, VT) ...................................................... 84 Floor Flainess (Dip Stick) Technician.................................................. 200 Inspections Footings............................................................................................ $102 Pile Driving Inspector.......................................................................... $96 Registered Materials Special Inspector................................................. 84 Project QA/QC Consultant....................... .............................. QA/QC Inspector, (3'" Parry)......................................................... .....:... 84 DMISCELLANEOUS j Miscellaneous Senior Construction Consultant........................ $132 Coring Asphalt, Concrete, Masonry and-Gunite ........................ ..... 175 Drafting................................................................................................. 68 WordProcessing................................................................................... 8 Sample Pick Up (San Diego County) ( 1 USA Mark.out................................................................................. .. ( @ Providing Professional Services Since 1959 �I _ -Page 1 of4— Swlhom Calilomla Soil a Testing,Inc. Canfiden6@LSchedule of Fees EHec6ve Janoery 1,2" LABORATORY TESTING J Soils Classification (USCS)..........................................................................$193 Plasticity Index (ASTM D424)................................................................122 Sieve Analysis, Washed (ASTM D422)...................................................80 Hydrometer Analysis (ASTM D422)...:...................................................106 Maximum Density/Optimum Moisture 4" mold (ASTM D1557) ..............192 Maximum Density/Optimum Moisture 6' mold ASTM 1)1557) .. ( ............212 Natural Density, Ring Samples............... ...35 Natural Density, Chunk Samples............................................................39 One Dimension Consolidation, per point (ASTM D2435).........................49 CollapsePotential...................................................................,.............106 1 Expansion Index (ASTM D-4829)..........................................................170 f Direct Shear, Three Points, Normal Speed'...........................................200 Direct Shear, Three.Points, Slow Speed.................................................319 iResidual Shear......................................................................................425 Resistance Value (Cal 301).................... ...265 Resistivity and pH .......................j- ..........................................................156 Sulfate Content........................... ..72 ChlorideContent.....................................................................................72 L1 Aggregate Sieve Analysis, Coarse (ASTM C136)............................:......................$57 Sieve Analysis, Fine Washed (ASTM C136) ................................ ..........71 L 1 Percent Passing Sieve #200 (ASTM C117).............................................66 Specific Gravity, Coarse (ASTM C127).......:...........................................66 Specific Gravity, Fine (ASTM 0128)...............................:.......................71 Organic Impurities.(ASTM C40)..............................................................57 G Soundness, 5 Cycles, Sodium Sulfate (ASTM 088) per size..................116 Lightweight Pieces (ASTM C123)..........................................................143, Clay Lumps and Friable Particles (ASTM C142) ................1.....I............115 I Abrasion by L.A. Rattler(ASTM C131)..................................................215 I Cleanness Value, minus 1" (Cal 227)......................................................87 . • Durability Index (Cal 229).................. .......................:.........................................215 ...................I........... Sand Equivalent (Cal 217) . 86 Percent Crushed Particles (Cal 205).....................................................116 Absorption, Coarse or Fine .....................................................................37 Providing Professional Services Since 1959 Page 2of4- Soudfem Cakfamia Sod 6 TesRng,lna, _ Cmrjdanfial Schedule of Fees EHecfivo January f,2" _ LABORATORY TESTING (CON'T) Asphalt Concrete Maximum Bulk Specific Gravity (Cal 308) .......:..... Maximum Theoretical Specific Gravity (ASTM D2041)............... ..128 Bulk Specific Gravity, Cores (ASTM D1188) ....56 Sieve Analysis Extracted Aggregate (ASTM D2172)...............:...............86 Percent Bitumen... ..... ....;..,_ .........176 i - Stability and Flaw, Fabricate-&Test (ASTM D1559)................... .......141 Stabilometer (Cal 304)..................... Film Stripping (ASTM D1664)......................... Percent Swell (Cal 305)....................... Concrete Mix Design or Review............................ $78 ............................................. f Compressive Strength, 6"x12" Cylinders (ASTM C39)............................26 ! Compressive Strength, Core (ASTM c42)............. 57 .. ..... ..................... Compressive Strength, Shotcrete Panel 3 Cores (UBC 1922.10)..........280 .. Splitting Tensile Strength, 66x12" Cylinder(ASTM C496).................. y Flexural Strength, 6"x6`x24" Beam (ASTM C78).................................... Length Change, 3 Bars, 4 Readings (Cal 537).................... .357 Li Masonry Compressive Strength, Block 8"x8'xl6" (ASTM C140)................ $50 _ Compressive Strength, Prisms 80xl6`x8' or smaller.................. ........... Compressive Strength, Prisms Larger than 81x16'x8' (ASTM E447)....135 �i Compressive Strength, Grout 3"x3`x6' (UBC 24-26) (ASTM'E447) .........26 j� Compressive Strength, Mortar 2`x4' (UBC 21-16) ....................... .....26 . Linear Shrinkage, Block (ASTM C426)............................. 1 , Efflorescence, Block (ASTM C67)............................................. ........57 i GMetals Tensile Strength, #3-#8 Reinforcing Steel (ASTM E8) ........................$71 Tensile Strength, #9, 10, 11 Reinforcing Steel (ASTM E8)......................87 �i Bend Test, #3 -#11 Reinforcing Steel (ASTM E8).................. i f Providing Professional sere c&Since 7g$9 -Pade3of4- Southom CaOfomia Sail d Testing.Inc. confidential schcdu/e of fees - ElregVva January 1,2L1''B ' TERMS AND CONDITIONS Field services will be charged from portal to portal with the following minimum charges: • A one-hour minimum charge-will be applied to materials sampling and sample pickups. • A two-hour show-up charge will be applied to any service canceled after 4:00 PM, the previous day. • A four-hour minimum charge will be applied to field inspection. A six-hour charge will be applied to all field services requiring between four and six hours. . An eight-hour charge will be applied to all field services requiring between six and eight hours. i • Work.in excess of eight hours'up 'to twelve hours in o single day, 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 incremenfs at 2.0 times the standard rate, . The Director of Industrial .Relations (DIR) may dictate periodic increases to the prevailing wage during the duration of this project/contract, SCS&T will increase our hourly rate on the effective date determined by the DIR, by a factor of 1.8 times the hourly increase. Work performed by field or laboratory personnel prior to 7:00 AM, after 5:00 PM and on Saturdays, will be charged at 1.5 times the standard rate. Work performed on Sundays or company recognized holidays will be charged at twice the standard rate. � F Company recognized holidays: New Years Day, President's Day, Memorial Day, Independence Day, - Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day. u Reimbursables: SCS&T reserves the right to charge for provided services which fall outside of the contract in the form of reimbursables. These items may include, but are not limited to the following consumables: magnetic particle powder, utrasonic coupulent, concrete cylinder cans, etc. The following ' C1 are also Included: mileage, travel time, equipment rental, administrative time utilized for photocopying, distribution lists, express mailing, archive searches, etc. Rental of special equipment or employment of subcontracted services will be charged at cost plus 20, percent. Per diem charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 50 cents per mile for distances over 50 miles from the location of dispatch. Invoices for all services completed or in progress will be submitted semi-monthly. These invoices are due in full upon presentation to the client. Invoices outstanding over 30 days will be considered past due. A finance charge.will be computed at the rate of 1.5 percent per month, which is an annual rate of r 18 percent, and charged on all past due accounts. If legal action is brought on delinquent accounts,the prevailing party shall be entitled to recover its reasonable attorneys fees and other costs of collection. Our professional engineering, geology, and inspection'services, are performed in accordance with the l current standards of practice in the industry. No other warranty or representation, express or implied, is, made or intended. (� Should any services provided by SCS&T for this project become subject to state or federal prevailing 1 J wage requirements, SCS&T will be compensated for those services at its prevailing wage rate the date these requirements become effective through completion of the project. Providing Prolessianal Servfoes Since 1959 -Paw 4of4- EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) ] Revised:3123107 5076391 Insurance Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars (52,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000,00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate; and, 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. B. Errors and Omissions Coverage. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of 12 Revised:3/23/07 507639.2 the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same cancer, or equivalent coverage with another company, in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. C. 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 Califonua with an A.M. Best's Key Rating of B-H-, Class Vll,_or better, unless otherwise acceptable to the City. D. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting 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 insurahce 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 per formed with the City"maybe included in this statement). 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 workperformed 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. 13 Revised:3123/07 507639.2 h 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 agentibroker 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. E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of flee City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. F. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 14 Revised:3123(07 507639.2