HomeMy WebLinkAbout05658 - SOUTHERN CALIFORNIA SOILS & TESTING INC IMPROVE/MODIFY/REHAB TERMINAL COMPLEX CP 07-09 Kathie Hart
From: Marjorie Kossler JJ
Sent: August 04, 2010 3:39 PM
V�
To: Kathie Hart �\
Cc: Janet Sheraton; Caren Nelson ` r
Subject: RE: A5658 -S CA Soils&Testing /
Hello Kathy:
I checked with Caren Nelson and she said that the P.O. was closed out on 05-19-09. There has been no further
activity.
Regards,
Marjorie M. Kossler
Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Suite OFC
Palm Springs, California 92262
Telephone: (760) 318-3800 Fax: (760) 318-3815
Marjorie.Kossler@palmsprings-ca.gov
From: Kathie Hart
Sent: Wednesday, August 04, 2010 1:37 PM
To: Marjorie Kossler
Subject: A5658 - S CA Soils &Testing
A6658 OQCiar tesaing€insped sV!s M30modiryrr9nab IWMinar CoMplax CP a7-09 05107t2008 €5V1512
Company Name: Southern California Soils&Testing Inc.
AdOIN&V Howard A Katz,Presklent„ 6280 Riverdale Street,San Diego,CA 92120
Contact-, Mr.Katz
Group: AIRPORT
Service: In Pile
xRef. AIRPORT
Ins.Status: Ceftcate and Poticiies are OK.
Marjorie:
Has this been completed? If yes, ok to close?
e "e
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
r (760) 323-8206 1 LEE, (760) 322-8332
® Kathie.Hart@PalmSpringsCA.gov
Please note that City Hall is open S a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time.
09/04/10
CHANGE ORDER NO. 1
PROJECT TITLE: IMPROVEIMODIFY/REHAB TERMINAL COMPLEX PROJECT
AIP No. 3-06-0181-043
CITY PROJECT NO. 07-09
CONTRACT NO. A5658
CONIRAC FDATE: May 7, 2008
CONTRACTOR, Southern California Soils and Testing
The following changes are hereby made to the Contract documents:
Additional Special-Inspection-and—Testing for the-project.
Justification:
Additional Testing required to meet Building Code Requirements.
CHANGE TO CONTRACT PRICE
Original Contract Price: $80,000
Current contract price, as adjusted by previous Change Orders: $80,000
The Contract Price due to this Change Order will be changed by$10,000
Total Contract Price including this Change Order will be: $90,000
CHANGE TO CONTRACT TIME
No change to overall contract completion date due to this change.
4
Page 2 of 2,Change Order No. 1,So Calif.Soils&Testing
Approvals Required:
To be effective, this order must be approved by the Owner If it changes the scope of the objective of the
project, or as may otherwise be required under the terms of the Supplementary General Conditions of the
Contract.
Requested by Allen Smoct Ow er' tative date
Recommended by date o�
Ord'er�fe -by-- date
City inager
Accepted by _ date=, Q
Southern California Soils & esting
ATTEST'
l Clerk �Y
Contractor acknowledges and agrees, on behalf of Contractor, all Subcontractors and all Suppliers, that,
except as provided above, the stipulated compensation provided for in this Change Order includes
payment for all work contained in this Change Order, plus all payments for interruption of schedules,
incremental extended overhead costs, acceleration costs, delay and all impact, ripple effect or
cumulative impact on all other work under this Contract. In addition, Contractor agrees that this Change
Order comprises the total compensation due Contractor, and all Subcontractors and all Suppliers, for
the work or change defined in this Change Order, including all impact on any unchanged work, except
for the additional time related issues noted above, if required.
Not To �)-Pn a C l6 c.
0�1 PPROVED BY CITY COUNCIL
WitEutarlt The Erpress Written
Authorization Of The City 5•' l* ?kA A5�Q&
Manager.
lA\ APPROVED FY CITY MANAGES?
\ovum 6 6
Revised: 3/23/07
PROFESSIONAi, SERVICES AGREEMENT
SPECIAL TESTING & INSPECTION SERVICES—AIP 3-06-0181-43, CP# 07-09
THIS PROFESSIONAL SERV�ICY�S AGRUMFyNT (hereinafter "Agreement") is made
-aid entered into, to be effective this day of 2008, by and between the CITY OF
PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as
"City") and SOUTHERN CAUFORNIA SOILS & TESTING, INC. a 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."
RECiTAi,S
A. City has determined that there is a need for Special Inspection and Testing
services for Palm Springs International Airport IMPROVE/MODIFY/REHAB TERMINAL
COMPLEX PROJECT, CP # 07-09, AIP 3-06-0181-43 (the "Project").
B. Consultant has submitted to City a proposal to provide Special Inspection and
Testing 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 surd has agreed to provide such services as provided
herein.
la. City desires to retain Consultant to provide such pro fessional 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 aclmowledged, 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 adrees 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 "Wort."). As a material inducement to the
City entering into this Agreement, Consultant represents and warrants that Consultant is a
provider of first class work and professional services and that Consultant is experienced in
performing the Work and Services contemplated herein and, in light of such status and
experience, Consultant covenants that it shall follow the highest professional standards in
performing the Work and Services required hereunder. For purposes of this Agreement, the
phrase "highest professional standards" shall mean those standards of practice recognized as high
quality among well-qualified and experienced professionals performing similar work under
similar circumstances.
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Revised: 3/23/07
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals;
and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's
Proposal"), which shall all be referred to collectively hereinafter as the "Contract Documents."
The City's Request for Proposals and the Consultant's Proposal, which are both attached hereto
as Exhibits `B" and "C," respectively, are hereby incorporated by reference and are made a part
of this Agreement, The Scope of Services shall include the Consultant's Proposal. All
provisions of the Scope of Services, the City's Request for Proposals, and the Consultant's
Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the
Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in
the highest priority document, which shall be determined in the following order of
priority: (151) the provisions of the Scope of Services (Exhibit "A"); (2"�) the provisions of the
City's Request for Proposal (Exhibit "B"); (3') the terms of this Agreement; and, (4°i) 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 lawfttl 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, phis 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 agairnsl 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 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 tern of the
Agreement to fumish continuous protection to the Work and the equipment, materials, papers,
documents, plans, studies, and/or other components thereof to prevent losses or damages, and
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Revised: 3/23/07
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 fTom 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 tinge 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 Eighty Thousand Dollars, (S80,000)
(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 42 and will only be approved if such expenses are also specified in the
Schedule of Compensation. The Maximum Contract Amount shall include the attendance of
Consultant at all Project meetings reasonably deemed necessary by the City. Consultant shall not
be entitled to any increase in the Maximum Contract Amount for attending these meetings.
Consultant hereby acknowledges that it accepts the risk that the services identified in the Scope
of Services may be more costly and/or time-consuming than Consultant anticipates, that
Consultant shall not be entitled to additional compensation therefore, and that the provisions of
Section 1.8 shall not be applicable to the services identified in the Scope of Services. The
maximum amount of city's payment obligation under this section is the amount specified herein.
If the City's maximum payrnent 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.
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Revised: 3/23/07
2.2. Mcthod 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 drone 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 terns of such arnendmcnt, 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 finds 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 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
cuumlatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Maicure. 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
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restrictions, riots, strikes, freight embargoes, wars, and/or acts of any goveirnnental agency,
including the City, if Consultant, within ten (10) days of the commencement of such delay,
notifies the City Manager in writing o f 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 dainages 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
Agrcement 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 `P,") 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: Gordon Woodard, Vice President. 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 tern of this Agrcement for directing all activities of
Consultant and devoting sufficient time to 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. Tt shall
be the Consultant's responsibility to ensure that the Contract Officer-is kept fully in Conned 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 Agrcement.
4.3 Prohibition Against Subcontracting or Assi nmcnts. 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
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Revised: 3/23/07
omissions of its subcontractor(s) in the same manner as it is for persons directly employed-
Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the Work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant. In addition,
neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of
creditors or otherwise, without the prior written consent of City- Transfers restricted hereunder
shall include the transfer to any person or group of persons acting in concert of more than twenty
five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into
account on a cumulative basis- In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release
Consultant or any surety of Consultant from any liability hereunder without the express written
consent of City.
4.4 Independent Contractor.
A- The legal relationship between the Parties is that of an independent
contractor, and nothing herein shall be deemed to make Consultant a City employee- During the
performance of this Agreement, Consultant and its officers, employees, and agents shall act in an
independent capacity and shall not act as City officers or employees- The personnel performing-
the Services under this Agreement on behalf of Consultant shall at all times be under
Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Consultant or any of its officers, employees, or
agents, except as set forth in 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 or 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.
13. 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 is 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,
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Consultant shall indemnify City for all such financial obligations.
5. INSURANCE
5.1 'Types of Insurance; Consultant shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, the insurance described herein for the
duration of this Agreement, including any extension thereof, or as otherwise specified herein,
against claims which may arise from or in connection with the performance of the Work
hereunder by Consultant, its agents, representatives, or employees. In the event the City
Manager determines that the Work or Services to be performed under this Agreement creates an
increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of
the insurance policies may be changed accordingly upon receipt oC 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 arnount of insurance required
hereunder shall be as follows:
A. Errors and Omissions insurance. Consultant shall obtain and maintain in
full force and effect throughout the term of this Abrccment, standard industry form professional
liability (errors and omissions) insurance coverage in an amount of not less than one million
dollars (SI,000,000.00) per occurrence and two-million dollars (S2,000,000.00) 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 oC the policy shall apply
separately to claims arising ft-om errors and omissions in the rendition of services pursuant to this
Agreement.
(2) If the policy of insurance is written on a "claims trade" basis, the
policy shall be continued in full force and effect at all times during the tenn 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 doing the tern 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
s2a7621 7
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ensure coverage during the entire course of performing the Services under the terns of this
Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and maintain,
in frill 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 fzom 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 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 teen of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability insurance. Consultant shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager prior to commencing any work
or services under this Agreement. Consultant guarantees payment of all deductibles and self-
insured retentions. City reserves the right to reject deductibles or self-insured retentions in
excess of $10,000, and the City Manager may require evidence of pending claims and claims
history as well as evidence of Consultant's ability to pay claims for all deductible amounts and
self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Consultant pursuant to this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary
insurance as respects City and its officers, council members, officials, employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City
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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 frill
extent of the policies- Nothing contained in this Agreement or any other
agreement relating to the City or its operations shall limit the application of such
insurance coverage.
5.3A 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 in writing.
5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to
delete any exculpatory wording stating that failure of the insurer to mail written
notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the endorsements-
Certificates of insurance will not be accepted in lieu of required endorsements,
and submittal of certificates without required endorsements may delay
corninencement 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 satne minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements OF this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the Project will be submitted to the
City for review.
5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to infomi Consultant of non-compliance with any insurance
requirement in no way imposts 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 politics 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. ProoFthat such coverage has been
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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 oC clarification only as it
pertains to a given issue, and is not intended by any party or insured to be limiting
or all-inclusive.
5.3.10 The requirements in this section supersede a)I 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 oCB++, 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 arc 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
s'1 ac+ 1 10
Revised: 3123/07
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, agents and Allen F. Smoot &
Associates are named as an additional insured... " ("as respects City of Palm Springs Contract
Na"or "far any and all work performed with the C.'it),"may be 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 Polin Springs Contract No. " or 'for any
and all worhperformed 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 marl 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 temi,
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.
s24 7b. 1 11
Revised. 3/23107
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 lndenmif ed
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 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 arc 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,
teclmiques, 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.
51,1761 1 12
Revised: 3123/07
7.3 Ownership of Documents. All drawings, specifications, reports, records, do
cumcnts, 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 request of the Contract
Officer or upon the tennination 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 frill 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 topics 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 mateiials prepared by them, and in the event Consultant fails to
secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All information gained by Consultant in the perfornance of this Agreement shall be
considered confidential and shall not be released by Consultant without City's prior written
authorization.
7.5 Audit and Iuspection of Records. After receipt of reasonable notice and during
the regular business hour-s of City, Consultant shall provide City, or other agents of City, such
access to Consultant's books, records, payroll documents, and facilities as City deems necessary
to examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Consultant's performance under this Agreement. Consultant shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of
final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to performance of the Parties in accordance with the laws of the State
of California, Legal actions concerning any dispute, claim, or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such County, and Consultant covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terns of this Ag-eernnent are contractual and the result of negotiation between the Parties.
5117611
1J
Revised- 3/23/07
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be 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 arc 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 tennination 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, detearnines 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.B, 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 to withhold payments to Consultant shall not limit Consultant's liability
for completion of the Services as provided herein.
514762 1 14
Revised: 3/23107
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 lean 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 Pees. 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 o f 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 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 slate 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
52-1762 1 15
Revised: 3l23l07
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; Lund 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 airy item furnished under this Agreement, or the normal use or sale thereof
arising out of the performance of this Agreement, infiinges 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 claitn, 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.
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 arc not acceptable
r_r7611 16
Revised: 3123/07
manners of notice required hereunder. Notices or other communications shall be addressed as
follows:
To City: City of Palm springs
Attention: City Manager & City Cleric
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Southern California Soils & Testing
P.O.Box 600627
San Diego, California 92160
Attention: Gordon Woodard
Telephone: 619-280-4321
Facsimile: 619-280-4717
10.3 Entire Agreement. This Agreement constitutes the entire agreement between the
Patties and supersedes all prior negotiations, arrtngcments, 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 jurisdictiou, 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 o f the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agrccmcnt shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for herein,
nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed
as conferring, any rights, including, without limitation, any rights as a third-patty beneficiary or
otherwise, upon arty entity or person not a party hereto.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth herein and each Party acknowledges and agrees that such
Party is bound, for purposes of this Agreement, by 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) lie
or she is duly authorized to execute and deliver this Agreement on behalf of the Patty for which
524761.1 17
Revised: 3/23107
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.
s14101 18
Revised: 3123/07
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
-.- ,• ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA.
City Clerk f City Manager
Date: �491,s Dote: UV)Q/
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I
By
Owner's epresentative
Date: / e
APPROVED S TO FORM: APPROVED BY CITY COUNCIL:
By Date:-5/7108 Agreement No. A5/n-S8
Ci�y Attorney
Date: d 5~ �- r s¢ APPROVED BY C11 COUNCIL
L A A obO
Corporations require two notarized signatures One signature must be from Chairman of Board, President, or any Vice
President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or
Chief Financial Officer.
CONTRACTOR NAME:
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ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County
ofpl.I Din � SS.
On (m`i P4 ap0$ before me, t�jaNz L. No9Ri Notary Public,
DATE
personally appeared cnolo W QoAg m who proved to me on the
basis of satisl'actory evidence to be the person(s) whose name( is re subscribed to the within instrument
and aclmowledged to me tha le she/they executed the
Same in ii her/their authorized capacity(ics), and that
by ii ' her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the
laves of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal-
MANE L. NORRIS
07804
Comm,#1Y PUBLIC-CALIF4 '^
/ NafARanDiegoCCALIFORNIA N NG"IARY'SSIGNATURE
San Mires County
My Comm upges Augusn6,2000�
PLACE NOTARY SI,AL IN AROVI,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 OF ATTACHED DOCUMENT
❑ rNDIVIDLJAL n.(„., 5
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State of California
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On YY1,-) Iti _�70()E before me, DIAA1-, L. NnRRuy Notary Public,
DATE
personally appeared i4-CW.4 R r) A- 4CA 4 z- who proved to me on the
basis ol'satisfactoty evidence to be the person(s) whose name(s):jDre subscribed to the within instrument
and acltnowledged to me that t�ahe/they executed the
same ind0her/their authorized capacity(ies), and that
by Ii • er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument-
1 certify under PENALTY OF PERJURY under the
paws of the State of California that the foregoing
paragraph is true and correct.
w WITNESS my hand and official seal.
LANE L MORRIS
+,amm.�150788d 1�nn � dill
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PI.A(I NO I'ARYSEAL INA13OVE SPACI
OPTIONAL INFORMATION
The inl'ormation below is optional. However, it may prove valuable and could prevent fzaudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
L❑ INDIVIDUAL �a �m Iti /)x2n� �G/1 Llat F
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Revised 3/23/07
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide special testing and inspection services to the City of Palm Springs for
the Palm Springs Tnterrration Airport rMPROVE/MODIFY/RHAB TERMINAL COMPLEX
PROJECT, City Project No. 07-09, AIP 3-06-0181-43. The address of the Jobsite is: 3400 E.
Tahquitz Canyon Way, Palm Springs, California 92262
The Consultant will provide all special testing and inspection services as required by the plans
and specifications prepared for tbis project by Gensler Architects (dated March 26, 2008, as
amended) and as otherwise directed by the Owner's Representative employed by the airport for
this project; Allen F. Smoot & Associates.
All services provided by Consultant pursuant to this Agreement must be coordinated with the
Owner's Representative of his designee.
Testing and inspections services will include, but not limited to, soils compaction and density
tests, structural concrete, dulled piers, site concrete, mortar, masonry, grout asphaltic concrete
pavement, structural steel, stel joists, metal decking, cold formed metal framing, metal
fabrications, reinforcing steel, welding, fire proofing, bolts and imbeds, and mechanical
connectors. Inspections will occur on and off site.
On each day of the on-site testing, the Consultant will have its inspector(s) report to the on-site
office of the Owner's Representaitve, or other loction as mutually agreed to, and log in.
Immideatley after concluding the relevant testing, the inspector shall log out, noting the time of
departure and the testing that has been performed.
Each day that testing occurs, the inspector(s) shall submit a daily report (five topics) indicating
the type and quantities of the testing performed, any test results, and observations to the Owner's
Representaive, Architect and Building Department.. Daily reports are due no later that ten (10)
days after testing has occurred.
Consultant shall immediately report any defective wotrk to the Owner's Representative. Such
notice shall be delivered as soon as it is identified, by lbe quickest means available (either by
phone of in person). Consultant shall follow up such notification with a written report of the
failure or deficiency,
524762 1
Revised: 3/23/07
EXH1131T "B"
CITY'S REQUEST FOR PROPOSAL AND FAA REQUIREMENTS
CITY'S REQUEST FOR PROPOSAL AND APPLICABLE ADDENDA.
I. TITLE VI ASSURANCES
A. Compliance with Regulations. The Consultant shall comply with the
regulations relative to nondiscrimination in Federally assisted programs of the
Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as "Regulations"), which are herein incorporated by reference and
made a part of this agreement.
B. Nondiscrimination. The Consultant, with regards to the work performed by
them during the agreement, shall not discriminate on the grounds of race,
color, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Consultant
shall not participate either directly of indirectly in the discrimination prohibited
by Section 2.5 of the Regulations, including employment practices when the
contract covers a program set forth in Appendix B of the Regulations.
C. Solicitations for Subcontracts Including Procurement of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation
made by the Consultant for work to be performed under subcontract, including
procurement of materials and leases of equipment, each potential
subcontractor of supplier shall be notified by the Consultant of the Consultant's
obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports. The consultant shall provide all information and
reports required by the Regulations or directives issued pursuant thereto and
shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the City of the Federal
Aviation Administration (FAA) to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to
furnish this information, the Consultant shall so certify to the City or the FAA,
as appropriate, and shall set forth what efforts it has made to obtain the
information.
E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance
with the nondiscrimination provisions of this agreement, the City shall impose
such contract sanctions as it or the FAA may determine to be appropriate,
including but not limited to withholding of payments to the contractor under the
contract until the contractor complies.
5'4762 1
Revised: 3123/07
II. DISADVANTAGE, BUSINESS ENTERPRISE (DBE)
A. The Consultant shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of any DOT-FAA-AIP assisted contract or
in the administration of the Airport's DBE Program or the requirements of 49
CFR part 26. Consultant shall take all necessary and reasonable steps under
49 CFR part 26 to ensure nondiscrimination in the award and administration of
DOT-FAA-AIP assisted contracts. PSP's DBE Program, as required by 49 CFR
part 26 and as approved by DOT-FAA, is incorporated by reference in this
Supplemental Assurance Document.
B. Consultant will ensure that the following clause is placed in every DOT-FAA-AIP
assisted contract and subcontract. "The contractor, sub-recipient, or
subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR part 26 in the award and administration of
DOT-FAA-AIP assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as PSP deems appropriate."
III. CONSULTANT'S RESPONSIBILITIES
A. The City and the FAA or any of their duly authorized representatives shall
have access to any books, documents, papers, and all other records which
are directly related to this Project(s) for the purpose of making audit,
examination, excerpts, and transcriptions-
B. The Consultant agrees to comply with Federal Executive Order No. 11246,
entitled, "Equal Employment Opportunity", as supplemented in the
Department of Labor Regulations (41 CFR, Part 60) if this 'Agreement"
exceeds $10,000; Section 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 USC 317-330) as supplemented by Department of
Labor Regulations (29 CFR, Part 5) if this agreement exceeds $25,000; and
all applicable standards, orders, and regulations issued pursuant to the Clean
Air Act of 1970 if this agreement exceeds $100,000.
C. The Consultant shall include the provisions of Sections I and II of Regulations
in every subcontract including procurement of materials and leases of
equipment, unless exempt by Regulations or directives issued pursuant
thereto. The Consultant shall take such action with respect to any
subcontract or procurement as the City or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided,
however that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or suppliers as a result of such direction,
the Consultant may request the City enter into such litigation to protect the
interests of the City and , in addition, the Consultant may request the Untied
States to enter into such litigation to protect the interests of the Untied States.
Revised: 3/23/07
IV, AVIATION SECURITY
A. Prior to being granted access to certain secured areas of the Airport, the
Consultant and all associated sub-consultants shall successfully complete a
fingerprint based Criminal History Records Check (CHRC) in accordance
with 49 CFR 1542.209 and /or the Airport Security Program (ASP).
B. All violations of Airport security are also violations of the City of Palm
Springs Municipal Code 11.33.052. Any such violation may result in arrest,
the issuance of a citation and/or the immediate revocation of access
privileges.
CITY'S REQUEST FOR PROPOSALS
Attached hereto.
±2-17G2 I
EXHIBIT "B"
CITY OF PALM SPRINGS, CALIFORNIA
REQUEST FOR PROPOSALS NO. 10-08
FOR
SPECIAL TESTING AND INSPECTION SERVICES
FOR
CITY PROJECT 07-09, IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT
AIP 3-06-0181-43
March 2008
Mari Lynn Boswell, Procurement Specialist I
City of Palm Springs
Procurement and Contracting
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
(760) 322-8368
1
TABLE OF CONTENTS
PAGE
TABLEOF CONTENTS......................... . ...... . .............................................................2
1. PURPOSE............................................................................ .. ..........................3
2. BACKGROUND.............................................................................. ........3
3. SCOPE OF WORK.. .............................. ........................... ..3
4. DEADLINE FOR SUBMISSION OF PROPOSALS ..............................................4
5. PROPOSAL EVALUATION CRITERIA.......... .....................................................4
6. PROPOSAL CONTENTS .................................................................................4-6
7. PLANS & SPECIFICATIONS...............................................................................6
8. ACKNOWLEDGEMENT ......................................................................................7
9. QUESTIONS . .. ........................................................... .. ................................7
10. BUSINESS LICENSE -- .......................... ........................ ...............7
11. RIGHT TO ACCEPT OR REJECT OFFERS........................................................7
12. AWARD OF PROPOSAL........................................... .. ..................................7
13. DISADVANTAGED BUSINESS ENTERPRISE (DBE).......................... . .... ....8-9
14. WAGE RATE REQUIREMENTS............ ............................ ................................9
15. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION....... . ...9
16, PUBLIC RECORD.............. ........................... .............. .. ...............................10
17. PRESENTATIONS ...................................................... ..................................10
18. COSTS RELATED TO PROPOSAL PREPARATION ........................................10
19. CONTRACT SERVICES AGREEMENT ............................................................10
20. AWARD OF CONTRACT................ . .. ........................ ..................... ..10
ATTACHMENTS
Attachment 'A' Pricing Exercise ................................................................. .. ....................11
Attachment 'B' Statement on Previous Contracts Subject to the EEO Clause..................... 12
Attachment 'C' Certification of Nonsegregated Facilities .....................................................13
Attachment 'D' Assurance of Disadvantaged Business Enterprise Participation.............14-15
Attachment 'E' Contract Services Agreement.................................................................16-34
2
CITY OF PALM SPRINGS
RFP NO. 10-08
FOR
SPECIAL TESTING AND INSPECTION SERVICES
FOR
CITY PROJECT 07-09, IMPROVE/MODIFY/REHAB TERMINAL COMPLEX PROJECT
AIP 3-06-0181-43
1. PURPOSE:
The City of Palm Springs is soliciting proposals from qualified firms to provide special testing
and inspection services required during construction of City Project 07-09,
Improve/Modify/Rehab Terminal Complex Project, at the Palm Springs International Airport.
2. BACKGROUND;
The City Project for which special testing and inspection services are required include an
expansion of the existing terminal at Palm Springs International Airport, located at 3400 East
Tahquitz Canyon Way, Palm Springs, CA 92262. The expansion includes approximately 6,500
sq ft of new floor space with masonry and steel construction,
The project will be overseen by the City's Owner Representative, Allen F. Smoot and
Associates. The CM will oversee the firm selected for Special Testing and Inspection Services.
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.
3. SCOPE OF WORK:
The Contractor will provide all special testing and inspection services as required by the plans
and specifications prepared for City Project 07-09 by Gensler and dated March 26, 2008.
Testing and inspection services will include but not be limited to soils compaction and density
tests, structural concrete, drilled piers, site concrete, mortar, masonry, grout, concrete
pavement, structural steel, steel joists, metal decking, cold formed metal framing, metal
fabrications, reinforcing steel, welding, fire proofing, bolts and imbeds, and mechanical
connectors Inspections will occur both on and off site.
The Contractor will have its inspector(s) report to the on site office of the Owner's
Representative and log in. The inspector will also log out noting the time of departure and the
testing that has been performed. In addition, the inspector(s) will submit a daily report indicating
the type and quantities of the testing performed and any necessary test results and
observations Any defective work shall be immediately reported to the Owner's Representative
in writing.
i •
4. DEADLINE FOR SUBMISSION OF PROPOSALS:
An original and four (4) copies of the complete proposal shall be delivered to the Procurement
and Contracting Division, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262,
PROPOSALS WILL BE ACCEPTED UNTIL:
MONDAY, APRIL 14, 2008,AT 2:00 P.M., LOCAL.TIME.
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 due date and time. Late
proposals will be returned to the Proposer unopened. The receiving time in the Procurement
Office will be the governing time for acceptability of proposals. Telegraphic and telephonic
proposals will not be accepted.
5. PROPOSAL EVALUATION CRITERIA:
This solicitation has been developed in the 'Request for Proposal' format. Accordingly,
Proposers should take note that the City will consider multiple factors in awarding this Contract.
PRICE WILL NOT BE THE SOLE DETERMINING CRITERION.
A Proposal Evaluation Committee, using the following evaluation criteria, will evaluate all
responsive proposals. Proposers are requested to write their proposals so that responses
correspond to and are identified with the following specific evaluation criteria:
A. Firm Qualifications, Qualifications of Personnel Assigned to this Project and
Experience with Projects of a Similar Size and Scope
B. Proposed Work Procedures/Approach
C, References
D. Cost Schedule (TO BE SUBMITTED IN SEPARATE SEALED ENVELOPE #2)
Proposers are requested to format their proposals so that responses correspond directly to, and
are identified with, the specific evaluation criteria stated in Section 5 above, All such information
shall be presented in a form that directly corresponds to the numbering scheme identified in this
section.
6. PROPOSAL CONTENTS:
EACH PROPOSAL MUST INCLUDE TWO SEALED ENVELOPES
Envelope #1, clearly marked "Work Proposal," shall include the following items:
(Sections A, B and C)
SECTION A: FIRM QUALIFICATIONS, QUALIFICATIONS OF PERSONNEL ASSIGNED
TO THIS PROJECT AND EXPERIENCE WITH PROJECTS OF A SIMILAR SIZE AND
SCOPE
4
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A.1 State your firm's complete name, type of firm (individual, partnership,
corporation or other), telephone number, FAX number. If corporation,
indicate what state the corporation was organized under.
A.2 State the name and title of the firm's principal officer with authority to bind
your company in a contractual agreement.
A.3 Describe your firm's background and qualifications in the type of work that
this project will require.
A.4 List the names and specialties of each staff member you will assign to this
project. Include all licenses and certifications that each staff member
possesses.
A.5 Indicate the name of any sub-contractors you intend to use on this project.
Describe each contractor's background experience and qualifications for the
portion(s) of the project for which they will be responsible.
A.6 List recent projects that your firm has completed that are of similar size and
scope. Provide special emphasis on the involvement of the staff listed in item
AA in these projects.
SECTION B- PROPOSED WORK PROCEDURES/APPROACH
BA Describe the approach you will take to assist the owner in controlling the
costs for Special Testing and Inspection services.
B,2 List your notification requirements (i.e. 24 hrs.) for each type of inspection.
Describe any special circumstances that will enable you to respond with short
notice or prevent you from responding with short notice.
SECTION C. REFERENCES
CA Describe successful projects you have completed of a similar size, scope,
and complexity as this project. Provide contact information including phone
number for each project identified.
Envelope #2, clearly marked "Cost Proposal" shall include the following items:
SECTION D. COST PROPOSAL
DA 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. Note inspections that will be handled directly by
your firm and those that will be performed by others-
5
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D.2 List the hourly rates (or other rates as they may apply) for each type of off site
inspection that you propose to perform in conjunction with the plans and
specifications for this project. Note inspections that will be handled directly by
your firm and those that will be performed by others.
D.3 List the unit cost for each type of test you propose to perform on-site.
IDA List the unit cost for each type of test you propose to perform at an off-site
testing laboratory in conjunction with the plans and specifications for this
project. Indicate which tests will be performed directly by your firm and which
tests will be contracted to others.
D.5 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.
0.6 List any reimbursable expenses the owner may incur.
D.7 List any additional costs, such as drive time, that the owner may incur in
conjunction with the duties of the Special Testing and Inspection firm.
D.8 Complete the "Pricing Exercise' attached hereto as Attachment `A' utilizing
the rates schedules offered in your proposal.
Important Note: The successful Proposer 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 "E" hereto. Please note that
Exhibits A, B, C, D and E are intentionally not complete in the attached document. These
exhibits will be negotiated with the selected firm, and will appear in the final Agreement
executed between the parties. Any exceptions to the language contained in the RFP or sample
agreement must be included in the Proposal submitted and clearly defined. Exceptions to the
City's standard boilerplate professional services agreement may be considered in the evaluation
process.
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.
7. 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 will be available on, or after March 26, 2008, at O.C.B. Reprographics, 550 S.
Vella Road, Palm Springs, California 92264, phone (760) 325-3717, fax (760) 325-0817 for a non-
refundable deposit of$100.00 for each set, made payable to City of Palm Springs.
Additionally, a complete set of plans and specifications will be available for inspection at the City
of Palm Springs, Office of Procurement & Contracting, City of Palm Springs, 3200 East Tahqutz
Canyon Way, Palm Springs, California-
6
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8. ACKNOWLEDGEMENT:
By responding to this Request for Proposals, the Special Testing and Inspection Agency has
acknowledged that they are fully familiar with the plans and specifications and all other relevant
information contained in the proposal and the project schedule.
9. QUESTIONS:
All inquiries regarding this RFP shall be directed in writing Mari Lynn Boswell, Procurement
Specialist I via FAX at (760) 323-8238 or email at MariLynn Boswell@palmsprings-ca.gov.
Proposer's submitted questions must receive confirmation of receipt from the Procurement and
Contracting Office. Replies will be issued by formal Addenda via FAX or e-mail to all parties
recorded as having received the RFP document. Questions received after 5:00 p.m. on
April 7 2008 will not be answered. Only questions answered by formal written Addenda will
be binding. Oral or other interpretation or clarifications will be without legal effect.
10. BUSINESS LICENSE:
The Successful Proposer will be required to be licensed in accordance with the City of Palm
Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled
"Business Tax".
11. RIGHT TO ACCEPTOR REJECT OFFERS:
The City of Palm Springs reserves the right to reject any and all proposals in whole or in part, to
waive any and all informalities and to disregard all non-conforming, non-responsive or
conditional proposals.
12. AWARD OF PROPOSAL:
The City reserves the right to award the proposal as submitted or to accept or reject any or all
proposals received. The City also reserves the right to negotiate the scope of work, terms, and
conditions of any contract resulting from this solicitation. The award of contract will be
conditioned upon satisfying the requirements established by the City to evaluate efforts of the
Proposer to meet the Disadvantaged Business Enterprise Participation contract goals.
Proposal informalities or defects: The City of Palm Springs reserves the right to waive any
informality or technical defect in a Proposal and to accept or reject, in whole or in part, any or all
Proposals and to advertise for new Proposals, as best serves the interests of the City.
Investigations: The City reserves the right to make such investigations as it deems necessary
to determine the ability of the Proposer to perform the Work and the Proposer shall furnish to
the City all such information and data for this purpose as the City may request. The City
reserves the right to reject any Proposal if the evidence submitted by or investigation of such
Proposer fails to satisfy the City that such Proposer is properly qualified to carry out the
obligations of the Contract and to complete the Work contemplated therein.
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
7
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document or standard boilerplate language, terms or conditions may be considered in the
evaluation process.
13. DISADVANTAGED BUSINESS ENTERPRISE (DBE):
The Contractor shall agree to the below stated policy and Disadvantaged Business Enterprises
Obligation and further agrees to insert the following clauses (a, b, and c) in any subcontracts.
a. Policy.
It is the policy of Palm Springs International Airport to ensure that DBEs, as defined in 49
CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted
contracts. It is also our policy;
To ensure nondiscrimination in the award and administration of DOT-FAA-AIP assisted
contracts;
To create a level playing field on which DBEs can compete fairly for DOT-FAA-AIP
assisted contracts;
To ensure [hat the DBE Program is narrowly tailored in accordance with applicable law;
To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are
permitted to participate as DBEs;
To help remove barriers to the participation of DBEs in DOT-FAA-AIP assisted contracts;
and
To assist the development of firms that can compete successfully in the market place
outside the DBE Program.
b. DBE Obligation.
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 CFR Part 26 in the award and administration of
DOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or
such other remedy as the recipient deems appropriate.
c. Good Faith Effort for Bid Solicitations for subcontracts.
The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26,
Regulations of the Office of the Secretary of Transportation, to subcontract a portion of
the dollar value of the prime contract to small business concerns owned and controlled
by socially and economically disadvantaged individuals (DBE). In the event that the
bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have
been met. Individuals who are rebuttably presumed to be socially and economically
disadvantaged include women, Blacks, Hispanics, Native Americans, Asian-Pacific
Americans, and Asian-Indian Americans. The apparent, successful competitor will be
required to submit information concerning the DBEs that will participate in this contract.
8
r !
The information will include the name and address of each DBE, a description of the
work to be performed by each named firm, a copy of the firm's certification letter, the
dollar amount of the participation of each DBE firm, age of the business and estimated
annual gross receipts, written documentation of the bidder/Proposer's commitment to
use a DBE subcontractor whose participation it submits to meet the contract goal, and
written confirmation from the DBE that it is participating in the contract as provided in the
prime contractor's commitment. If the bidder fails to achieve the contract goal stated
herein, it will be required to provide documentation demonstrating that it made good faith
efforts in attempting to do so. A bid that fails to meet these requirements will be
considered non-responsive.
Goals. There is no contract specific percentage goals for the award of Disadvantaged Business
Enterprises for this contract, however a good faith effort must be demonstrated by Proposers.
DBE forms are attached and must be submitted with the proposal.
14. WAGE RATE REQUIREMENTS:
State— In accordance with the provisions of California Labor Cade Section 1770, 1773, 1773.1,
1773.6 and 1773.7, as amended, the Director of the Department of Industrial Relations has
determined the general prevailing rate of per diem wages in accordance with the standards set
forth in Section 1773 for the locality in which the Work is to be performed. A copy of said wage
rates is on file at the Department of Building and Safety, City Hall, Palm Springs, California. It
shall be mandatory upon the Contractor to whom the Work is awarded and upon any
subcontractor under the Contractor to pay not less than said specified rates to all workers
employed by them in the execution of the Work, and shall post a copy of said wage rates at the
project site.
Federal -- The general prevailing rate of wages, as determined by the Secretary of Labor are
included hereinafter as part of the Contract Documents; provided, that if there is any difference
between the Slate or Federal wage rate for any given craft or mechanic needed to execute the
work, it shall be mandatory upon the Contractor and any subcontractor to pay the higher of the
two rates. All labor on the project shall be paid no less than the minimum wage rates
established by the U.S. Secretary of Labor.
15, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION REQUIREMENTS:
Each Proposer must complete, sign and furnish, prior to award of the contract, the "Statement
on Previous Contracts Subject to EEO Clause", a "Certification of Non-segregated Facilities",
and the "Assurance of Disadvantaged Business Enterprise Participation" as attached hereto.
These items must be submitted with his or her proposal. A Contractor having 50 or more
employees and his or her subcontractors having 50 or more employees and who may be
awarded a contract of $50,000 or more will be required to maintain an affirmative action
program, the standards for which are contained in these specifications. The proposed contract
is under and subject to Executive Order 11246, as amended, of September 24, 1965, and to the
Equal Employment Opportunity (EEO) and Federal Labor Provisions. The EEO requirements,
labor provisions, and wage rates are available for inspection at the Department of Building and
Safety, City Hall, Palm Springs, California. To be eligible for award, each Proposer must
comply with the affirmative action requirements, which are contained in the specifications.
Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part. 26 shall have the
maximum opportunity to participate in the performance of contracts under this agreement.
Consequently, the DBE requirements of 49 CFR Part 26 applies to this agreement. Women will
9
be afforded equal opportunity in all areas of employment. However, the employment of women
shall not diminish the standards of requirement for the employment of minorities.
16. 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 in a recommendation for award to the Palm Springs City Council, and/or following
award of contract, if any, by the City Council.
17. PRESENTATIONS:
The City reserves the right to require an oral interview with any Proposer(s) participating in this
process. Attendance at any such interview will be at the Proposer's expense.
18. COSTS RELATED TO PROPOSAL PREPARATION:
The City of Palm Springs will NOT be responsible for any costs incurred by any Proposer in the
preparation or submittal of their respective proposal.
19. CONTRACT SERVICES AGREEMENT:
The Proposer to whom an award is made will be required to execute a Contract Services
Agreement with the City. (See sample agreement attached hereto.)
20. 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 to 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 their final
selection of the consultant to be recommend for award. The decision of the City Council will be
final.
10
ATTACHMENT °A'
D.8 PRICING EXERCISE
**TO BE SUBMITTED WITH COST PROPOSAL IN SEALED ENVELOPE##2**
No of Tests ASTM Test/Description snit Once Extended Price
5 ea D2922 Density of Soil and Soil
Aggregate
5 ea D1556 Density and Unit Weight of
Soil
5 ea D2167 Density and Unit Weight of
Soil
5 ea D1557 Laboratory Compaction
Characteristics of Soil
5 ea D3017 Water Content of Soil and
Rock in Place
10 ea C172 Sampling Freshly Mixed
Concrete
10 ea C31 Making and Curing Concrete
Test Specimens
10 ea C39 Compressive Strength of
Cylindrical Concrete Specimens
10 ea C173 Air Content of Freshly Mixed
Concrete
10 ea C143 Slump of Hydraulic Cement
Concrete
10 ea C109 Compressive Strength of
Hydraulic Cement mortars
10 ea E164 Ultrasonic Contact
Examination of Weldments
20 ea F606 Mechanical Properties of
Externally and Internally Threaded
Fasteners
5 ea E605 Thickness and Density of
S ra ed Fire Resistive Material
5 ea E376 Cohesion/Adhesion of
Serayed Fire resistive Material
Identify any additional costs necessary to perform Subtotal of
the above tests in the spaces below: Extended Costs
Addl Cost
Addl Cost
Addl Cosl
Add) Costs
Addl Cost
Grand Total:
11
ATTACHMENT `B'
REQUIRED EQUAL OPPORTUNITY STATEMENTS
The Bidder shall complete the following statements by checking the appropriate boxes. The Bidder must
have properly completed these statements to be considered an eligible Bidder.
The Bidder has has not participated in a previous contract subject to this equal
opportunity clause prescribed by Executive Order 11246, as amended, of September 24, 1965.
The Bidder bas has not submitted all compliance reports in connection with any such contract
due under the applicable Fling requirements; and that representations indicating submission of required
compliancc reports signed by proposed subcontractors will be obtained prior to award of subcontracts.
If the Bidder has participated in a previous contract subject to the equal opportunity clause and has not
submitted compliance reports due under applicable tiling requirements, the Bidder shall submit a
compliance report on Standard Form 100, "Employee information Report EEO-l" prior to the award of
the contract.
BIDDER'S NAME
ADDRESS
INTERNAL REVENUE-' SERVICE EMPLOYER TDENTIFICATION NUMBER
Name and Title of Signer
sisnatule Dale
Notc Thu penalty for malting false statements in offers is prescribed in 18 U.S.C. 1001,
12
10
ATTACHMENT `C'
CERTIFICATION OF NONSEGREGATED FACILITIES
CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS OF APPLICANMS AND THEIR SUBCONTRACTORS (APPLICABLE TO
FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS
EXCEEDING S10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY
CLAUSE).
The federally-assisted construction contractor certifies that he or she does not maintain or provide, for his
or her employees, any segregated facilities at any of his or her establishments, and that he or she does not
permit his or her employees to perform their services at any location, under his or her control, where
segregated facilities are maintained. The Federally-assisted construction contractor certifies further that
he or she will not maintain or provide, for his or her employees any segregated facilities at any of his or
her establishments, and that he or she will not permit his or her employees to perform their services at any
location, under his or her control, where segregated facilities are maintained. The Federally assisted
construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity
Clause in this contract. As used in this certification, the term "segregated facilities" means any waning
rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which are segregated by explicit
directives or are, in fact, segregated on the basis of race, color, religion, sex or national origin, because of
habit, local custom, or any other reason. The Federally-assisted construction contractor agrees that
(except where he or she has obtained identical certifications from proposed subcontractors for specific
time periods)he or she will obtain identical certifications from proposed subcontractors prior to the award
of subcontracts exceeding $10,000 which arc not exempt from the provisions of the Equal Opportunity
Clause, and that he or she will retain such certi(cations in his or her files.
Certification -The information above is true and complete to the best of my knowledge and belief.
By
Date
Title
NOTE: The penalty for malting false statements in offers is prescribed in 18 U.S.C. 1001, Assurance of
Minority Business Enterprise Participation,
To meet the mandated requirements of the United States Department of Transportation, 49 CPA Part 23,
the assurance below shall be signed by the bidder and submitted prior to award of the contract.
NOTE: The bidder's execution of the signature portion of this proposal shall also constitute
execution of this assurance.
13
ATTACHMENT `D'
BIDDER'S ASSURANCE OF COMPLIANCE WITH TITLE 49 CFR PART 26
RELATING TO DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation,
apply to this contract. It is the policy of the City of Palm Springs / Palm Springs hiternational
Airport to practice nondiscrimination based on race, color, sex, or national origin in the award or
performance of this contract. All firms qualifying tinder this solicitation are encouraged to
submit bids/proposals. Award of this contract will be conditioned upon satisfying the
requirements of this bid specification. These requirements apply to all bidders/Proposers,
including those who qualify as a DBE. A DBE contract goal of 0% has been established for
this contact. The bidder/Proposer shall make good faith efforts, as defined in Appendix A, 49
CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance
of this contract. Form 1 - Disadvantaged Business Enterprise (DBE) Utilization must be included
with the bid forn submitted by the bidder/Proposer by the bid due date.
Form I —
Disadvantaged Business Enterprise(DBE) Utilization
The undersigned bidder/Proposer has satisfied the requirements of the bid specification in the
following manner (please check the appropriate space):
The bidder/Proposer is committed to a minimum of % DBE utilization on this
contract.
The bidder/Proposer(if unable to meet the DBE goal of %) is committed to a
minimum of% DBE utilization on this contract and will submit documentation
demonstrating good faith efforts.
Form 2—
DBT Letters of Intent must be submitted within 5 days of the bid due date by the bidderfProposer.
Form 2 - Letters of Intent must include the following information: (1) the names and addresses of
DBE firms that will participate in the contract; (2) a description of the work that each DBE firm
will perform; (3) the dollar amount or the participation of each DBE firm; (4) DBE business age
(5) DBE approximate annual gross receipts (6) written and signed documentation of
commitment to use a DBE subcontractor whose participation it submits to meet a contract goal;
(7) written and signed confirmation from the DBE that is it participating in the contract as
provided iar the prime contractors commitment; (8) Proof of DBE certification. Fonn 2
contained in Instructions To Bidders.
Documentation Demonstrating Good Faith Efforts must be submitted within 5 days of the bid due
date by the bidder/Proposer. The bidder/Proposer shall make good faith efforts, as defined in
Appendix A, 49 CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in
the performance of this contract. Good Faith Effort form is contained in Instructions To Bidders.
A bid that tails to meet these requirements will be considered non-responsive.
14
0
The undersigned hereby certifies that he or she has read the terms of this commitment and is
authorized to bind the biddcr to the commitment herein set forth.
Name of bidder/Proposer's firm:
State Contractor License No.:
By:
Title:
(Name of Authorized Officer)
Signature:
(Signature of Authorised Ofticei)
Date:
15
RFP 10-08
SPECIAL TESTING AND INSPECTION SERVICES
ADDENDUM NO. 3
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED.IN THE
ORIGINAL DRAWINGS AND SPECIFICATIONS. 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.
The City has received the following questions and is hereby providing answers
thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE:
1. What are the required FAA specifications, lab qualifications that we will need to
have in order to submit on this project?
Since this is not a paving project there are no FAA required Lab specs or
certifications required.
2. Besides page 11 (Attachment A-Pricing Exercise), will we need to still submit
another cost estimate based on the plans and specifications? Or is this only for
laboratory sample testing?
6 9
Submit the pricing exercise as a stand-alone submittal and then any other
pricing information based on plans and specifications.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
Mari Lynn swel
Procurement Specialist I
DATE: April 8, 2008
ADDENDUM ACKNOWLEDGMENT
Proposer Firm Name:
Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 3 is required by signing and including the
acknowledgment with your response. Failure to acknowledge this Addendum may result in
your proposal being deemed non-responsive.
rvF 111171r�'.�_�
RFP 10-U
SPECIAL TESTING AND INSPECTION SERVICES
ADDENDUM NO. 2
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED.IN THE
ORIGINAL DRAWINGS AND SPECIFICATIONS. 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:
It is IMPERATIVE that you contact Cheryl Martin, Procurement Administrative
Coordinator, via email at Cheryl.Martln(@palmsprings-ca.gov to officially register as a
Proposer for this specific project with your company name, address, phone, fax, contact
person and email address. Failure to officially register may result in not receiving
addenda to the RFP. Note: You may also register your firm in the City's on-line general
vendor database system while on the website, but you MUST still contact Cheryl Martin
as instructed above to register as a proposer for this specific RFP 10-08
The City has received the following questions and is hereby providing answers
thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE-
1. ASTM D2922 is a field test performed by the field technician in the course of their work
day. Do you want these tests billed separately as well as the hourly rate for the soils
technician?
2. ASTM D1556 is a field test performed by the field technician in the course of their work
day. Do you want these tests billed separately as well as the hourly rate for the soils
technIClan?
3. ASTM C172 is a task performed in the course of the day by the field inspector while
casting compressive strength samples. Do you want this task billed separately along with
the Inspector's hourly rate?
0 0
4. ASTM C31 is a task performed in the course of the day by the field inspector while casting
compressive strength samples. Do you want this task billed separately along with the
inspector's hourly rate?
5. ASTM C173 is a field test performed in the course of the day by the field inspector while
casting compressive strength samples. Do you want this task billed separately along with
the inspector's hourly rate?
6 ASTM C143 is a field test performed in the course of the day by the field Inspector while
casting compressive strength samples. Do you want this task billed separately along with
the inspector's hourly rate?
7. ASTM E164 is a field test performed in the course of the day by the field inspector while
performing ultrasonic examinations of welds. Do you want this task billed separately
along with the inspector's hourly rate?
8. ASTM E605 is a task performed in the course of the day by the field inspector while
inspecting sprayed fire resistive material. Do you want this task billed separately along
with the Inspector's hourly rate?
The answer to all of the above questions is as follows: If the testing is included in
the course of normal work and the cost is included in the hourly rate, you should
note it that way on Exhibit A "Included in hourly rate"
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
&L��
Mari Lynn B�lll
Procurement Specialist I
DATE: April 1, 2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name:
Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and including the
acknowledgment with your response. Failure to acknowledge this Addendum may result in
your proposal being deemed non-responsive.
i,
RFP 10-08
SPECIAL TESTING AND INSPECTION SERVICES
ADDENDUM NO. 1
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.
This Addendum is being issued for the following clarification:
Section 6 PROPOSAL CONTENTS — Reference is made on Page 5 to the fact that Envelope #2
will be clearly marked "Cost Proposal'. The term "Cost Proposal" is synonymous with the term
used on Attachment"A"—D.8 'Pricing Exercise". The form included in the RFP as "A" is the form
to be filled out and provided in Envelope#2.
Section 14 WAGE RATE REQUIREMENTS — Although there are definitions of prevailing wage,
the document does not state definitively whether or not the project is prevailing wage. For
clarification purposes: this is a Federal prevailing wage protect.
BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA
L" 4:z4�_
Marl Lynn BosxAbIl
Procurement Specialist I
DATE. March 26, 2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name,
Authorized Signature:
Date.
Acknowledgment of Receipt of Addendum 1 is required by signing and including the
acknowledgment with your response. Failure to acknowledge this Addendum may result in
your proposal being deemed non-responsive.
Revised: 3/23/07
EXHIBIT "C"
CONSULTANT'S PROPOSAL
Consultants Proposal — attached hereto.
51,1761 1
EXHIBIT "C"
Tabie of Contents
Letter of Interest
A. Firm Qualifications
A.I Firm Profile
A.2 Firm Principal Officer
A.3 Firm Background/Qualifications
A.4 Staff Overview
Resumes
Staff Matrix
A.5 Subcontractors
A.6 Relevant Experience
B. Proposed Work Procedures/Approach
11,1 Cost Control Approach
B.2 Notification Requirements
C. References
C.I Successful Projects
III���tlII i
D. Cost Schedule (separate envelope)
E. Appendix
_ Attachments
Attachment B Required Equal Opportunity Statements
1 Attachment C Certification of Nonsegregated Facilities
Attachment D Compliance with Title 29 CFR 26 Relating to DBE
Addendum$
Addendum HI
Addendum 42
Addendum#3
I
Geotechnical Engineering
am
1 Engineering Geology
Materials Engineering,
Testing&Special Inspection
QAlQC Third Party
Roofing&Waterproofing Consulting
1
A. Firm Qualifications
since
19"9... AJ Firm Profile Southern California Soil&Testing,Inc.(SCS&T)
Corporation,California/Smte Certified SBE
P 760.775,5983
F 760.775.8362
A.2 Principal Officer/ Gordon T.M.Woodard,Vice PresidendPrmcipal Engmeer
Primary Contact: 760.775.5983 (office) 760-775.8362(fax)
619.944.4059(mobile) gwoodard@scst.com
—__ - A.3 Firm Background/ Since our inception in 1959,Southern California Soil&
Qualifications: Testing,Inc.(SCS&T) has earned a reputation as one of
Coromdo Bay Bndgc 1967 Southern California's premier firms offering engineering
and construction support services. Our team of sldlled
engineers,inspectors,and technicians has successfully
completed over 40,000 projects throughout Southern
California,including Testing and Inspection services for
:+ �•: �
• " "? - r airport Improvement projects such as: the City of Palm
,1 Springs Airport multiple phases 1.11&III, and San Diego
�e;' International Airport East and West Terminal Expansion,
I Commuter Terminal,storm drain pipes,HVAC upgrade,
reroofing,and relocation of avaiation offices.
Qualcomm Smdlum,1967 A.3.1 Length of Time Over 49 years-Established in 1959
in Business:
A.3.2 Services! Geotechnical Engineering
Engineering Geology
Soil&Materials Testing
Special Inspection
Third Parry Quality Control/Quality Assurance
Roofing&Waterproofing Consulting
Forensic Investigations
In-house Laboratory Testing
5hamu Swdlum-Sea World 19117
A.3.3 Certifications AASHTO Material Reference Laboratory(AMRL)
and Accreditations: American Concrete Institute (ACI)
1 American Society forTestmg and Materials(ASTM)
American Society of Non-destructive Testing(ASNT)
_. LA American Welding Society(AWS)
CalTrans
`,• ``.r �i�� ". Cement&CQncrete Reference Laboratory(CCRL)
City of Los Angeles
' i `'�f;t;�`r .• City of San Diego
Division of State Architect(DSA)
5 D Padres Paco Park,2003 International Building Code(IBC)
' International Code Council (]CC)
Tmxler Nuclear Gauge Certified
U.S.Navy
Southern California Soil&Testing.Inc.
Providing professional engineering services in
Southern California For over 49 years
1
Our professional engineers and technicians have A. Firm Qualifications
extensive project experience and under5nnding
of local conditions necessary to meet the
challenge of building in Southern California,with
its unique earthen,envmonmental and sesmlc A.3 Firm 9ackgreundlQualifieations
challenges.
SCS&T is a locally owned geotechnical engineering and materials testing and
Since our inception in 1959 our professional staff inspection firm that has been providing professional services throughout
of experienced and registered professionals has Southern California since 1959.
earned SCS&T a reputation as one of Southern
California's premier engineering firms. For over 49 years,SCS&T has maintained the values of proactive service,
reliability,and integrity, We value our relationships with our clients and try to
differ from other testing and inspection agencies by:
• Utilizing multi-credentialed inspectors. Our services on over 40,000
projects throughout Southern California have included on-and off-site testing
and inspection of soils compaction and density tests,structural concrete,
drilled piers,site concrete,mortar,masonry,grout,asphaltic concrete
I pavement,structural steel,steel joists,metal decking,cold formed metal
framing,metal fabrications,reinforcing steel,welding,fire proofing,bolts and
imbeds,and mechanical connectors;
• Committing to team development and budding long-term relationships with
our clients;
• Utilizing proactive,professional staff that can handle problems should they
arise and get you immediate answers to any field questions;
• Accommodating your needs. From being on your site when you need us,
to designing invoices that will work smoothly with your billing system we are
committed to making sure your needs are met;
• Providing sernce-orienred and comprehensive Project Management.
SCS&T's goal is to provide quality service in a timely and cost effective manner.
We strive to reach this goal by providing our clients with realistic budgets
and a project management system to determine resolutions to questionable
circumstances in early phases of your project,and to help prevent unexpected
change orders as a result of nonconformance issues;
A.4 Staff Overview/Names and Specialties of Staff Members
Assigned to this Project
In order to effectively coordinate special testing and inspection services
for the City's proposed projects,Southern California Soil&Testing,Inc.
(SCS&T) has assembled a top-quality team for you, including a principal
' project manager who will serve as your primary point-of-contact and will be
responsible for day-to-day operations of your projects. In addition to project
engineering staff,we have Included experienced certified special inspectors
and laboratory technicians who will be responsible for materials testing and
' inspection services. We have included Simon Wong Engineering,a certified
DBE,as pare of our team to provide all offsite plant inspection. SCS&T and
Simon Wong Engineering have had success in working together in various
capacities for over six years.
' ��.
g A. Firrn QrnaNficatimlrns
e
KEY PERSONNEL: AA Staff Overview/Names and Specialties of Staff Members Assigned
to this Project
Gordan T.M.Woodard RCE
Vice Presldend Principal Engineer The following key personnel have been assigned specifically to work with
Primary Point of Contact theThe City of Palm Springs (City)for the Improvement,Modification and
Rehabihtiation on the Terminal Complex Project(Project)and serve as a
James J.Stone RCE,RGE part of your construction team:Gordon Woodard,R.C.E.,will serve as
Georechnical Project Manager Principal Engineer/Project Manager;James J.Stone,RCE,RGE,will serve as
Geotcchnical Project Manager;SCS&T inspectors will include as appropriate:
Ron Saudour Joe Kjodrud,Lavinia Petrila,Steve Arce,Mlles Woodard and Tim Olk-Soils
Regional Laboratory Dircctor Technicians and Laboratory technicians will include Ron Baudour,Raleigh
Raleigh Easton
Easton,Michael Jimenez and Michael Gereminski,
Laboratory Supervisor Mr.Gordon T.M.Woodard,RCE,Vice President/Principal Engineer
will serve as the City's project manager and will provide project oversight
rIELD/LAB STAFF for materials testing and inspection services. During Gordon's 15 years of
experience,he has served as a Project Manager on numerous public works,and
private projects to include both hands-on expertise and progressive project
Garrott Fountain,RCE,RGE management. Gordon has served as principal engineer on recent projects for
Project Engineer the City of Palm Springs Airport.
Joseph a As Project Manager,Gordon will be available to all City and project personnel.
Special Inspector
He will be responsible for coordinating assignments with the City's Project
Michael Geriminslai Team,scheduling appropriate field and laboratory personnel,discussing findings
Special Inape¢or
and conclusions with District personnel,reviewing final reports,and all budget
items,
Miles Woodard
Special Inspector Mr.James(Jim)J.Stone, RCE,RGE,Principal Geotcchnical Engineer
will serve as the District's Geotechnical Project Manager. Jim has has almost
Tim Olk 40 years experience in geotechnical engineering and has served as project
manager on numerous projects of similar size and scope throughout Southern
Special Inspector California. Jim has a thorough understanding of Southern California's diverse
Lavinia Petrila geologic conditions will prove invaluable in the successful completion of your
So,ISTechnman
projects.
Mr.Ron Baudour has been a part of the SCS&T team for the duration of his
James Sanchez Sods Technician 20 years experience. As Regional Laboratory Supervisor, Ron has worked
with many projects of simdiar size and scope.
I
Michael Jimenez The selected project team members bring to the City over 100 years of
laboratory Technician combined expertise and experience that will be valuable during the sensitive
Clint Adkins 'grey areas'that sometimes arise on a project. Utilizing their best practices and
Laboratory Technician lessons learned,this roam will provide effective communication with the City,a
proactive approach to each task and will always ensure that proper compliance
with the contract documents are followed.
1 Please see the following pages for Key Personnel Resumes and Staff Matrix for
an illustration of certifications,experience,depth,and qualifications of SCS&Ts
' additional team members available to serve the City,
A.S Subconsultants
SCS&T intends to utilize Simon Wong Engineering as a DBE sub-
contractor to perform batch plant testing,as needed for the duration
on this contract.to assist in meeting DBE goals
A. Firm Qualifications - Resume
Gordon M.Woodard
Skills &Experience
- Gordon has been in the construction Industry since 1988 and
MEMO 0--mmew
specifically in the materials testing and inspection industry since
Vlsm Grande Elemen+ ,y School 1993. He has supervised and directed many major inspection
projects including San Diego International Airport's East and West
Terminals
Gordon?Woodard,R,C.E.
Vice President Duties&Responsibilities
EDUCATION: Gordon joined SCS&T in 1994. As Principal Engineer,Gordon
San Diego State University is responsible for building envelope,roofing,and waterproofing,
55,Civil Engineering materials testing and special inspection,and Quality Assurance/
Quality Control.His duties include project management,review of
CERTIFICATIONS: construction plans and specifications,attending jobsite meetings,
Registered Civil Engineer selection and supervision of project staff,overseeing implementation
State of California 460481 of Quality Assurance programs,preparing and monitoring service
estimates,and reviewing and reporting test results.Gordon routinely
City of San Diego observes his staff of Registered Roof Observers (R.R.O.),special
Prestressed Concrete;#631 inspectors,and monitors forensic and production inspections.
Reinforced Concrete#631
Project Experience
City ofTemccula
Prestressed Concrete ;10877886.89 Palm Springs International Airport Expansion
Reinforced Concrete #0877836.89 Expansion of airport,including 7,000 sf of security checkpoint
space and 3,000 sf of office space. SCS&T is providing geotechnical,
International Code Council(jCC) materials testing,and special inspection services for Phase I and
Prestressed Concrete l40877836.89 Phase II Construction. Gordon served as project manager.
Reinforced Concrete#0877836-43
San Diego International Airport
American Concrete Institute(ACI) On-call Port District contract for East and West Terminal expansion,
Grade 1 400931735 Commuter Terminal,storm drain pipes,HVAC upgrade,reroofing,
and relocation of aviation offices. SCS&T provided geotechnical,
MEMBERSHIPS&ASSOCIATIONS: materials testing,and special inspection services. Gordon served as
Buildin7 Industry Associmion(81A) project manager,
American Concrete Insucuiu(ACI)
Roof Consultants Institute(RCI) City of Indio Capital Improvements Program
National Roof Contractors Association(NRCA) Various CIP projects for the City and Redevelopment Agency,
American Sociery of Civil Engineers(AKE) including city-wide street rehabilitation;new city water wells and
pump stations;waterline improvements;on-Call report review;six
ADDITIONAL PROJECT EXPERIENCE: city parks;42-acre sports complex;teen center. Gordon served as
Adams Avenue School project manager.
Balboa Elemenary$chool
Bethune Elementary School Lincoln High School
SonitaVista High School New state-of-the-art campus with four comprehensive high schools
Bonita Vista Middle School on 24.4 acres,including 323,196 sf of classrooms;an art complex;a
Chesterton Elementary School library;science classrooms;technology classrooms;a career center;
CChula Vista Middle School a 790-seat auditorium;two gymnasiums;baseball,track and football
iremont High School fields;locker rooms;and 376 parking spaces. SCS&T provided
Cawford High School materials testing,special inspection,and third party observation
Cuyamaca College Communication/Arts Building and documentation services. Gordon served as SCS&T's principal
Dewey Elementary School engineer,
Encanm Elementary School
Granger Junior High School New library and multi-purpose building. SCS&T provided
geotechnical,materials testing,special inspection,and QA/QC
services. Gordon served as SCS&T's project manager.
a �n
..
A. Firm Qualifications - Resume
James J.Stone
4*0
iy,r:�.inl Skills&Experience
Jim has been in the construction and geotechnical fields since 1969.
jlWa.
A....mK� Projects have Involved work with the San Diego Community College
Sin Diego Community Collcgc Educational District,the University of California San Diego,the San Diego
Cultural Complex Skills Center Unified School District,and the Sweetwater Union High School
District,among others.
James J.Stone,R.G.E.,R.C.E. Jim has been in the construction and geotechnical fields since 1969.
Alternate Project Manager Projects have involved bridges,buildings,water and wastewater
treatment plants,pipelines,highways,airfields,and residential
EDUCATION: developments throughout San Diego County and Southern
University of Hawaii at Manoa California. Major projects have included Pipeline 4B,Phase I in Mira
Graduate Studies Ocean Engineering Mesa;Pipeline 5 Extension,Phase I in San Marcos;the Gafner Water
Treatment Plant Expansion in Leucadia;the San Marcos Town Center,
San Jose State University and a seismic retrofit of seven bridges along 1-5 in San Diego.
MS,Geotechnical Engineering
Duties&Responsibilities
University of Santa Clara
BS,Civil Engineering Jim joined SCS&T in 1999. As Principal Georechnical Engineer,Jim is
responsible for the management of geotechnical engineering studies
CERTIFICATIONS: and investigations including foundation investigations,slope stability
Registered Geotechnical Engineer analyses,structural distress assessments,site remediation evaluations,
State of California #808 and forensic studies. Jim has consulted on hazardous waste site
characterizations and clean-up projects.
Registered Civil Engineer
SGRe of California n 25081 Project Experience
Stare of Nevada #014752
Palm Springs International Airport Expansion
MEMBERSHIPS&ASSOCIATIONS: Expansion of airport,including 7,000 sf of security checkpoint
American Society of Civil Engineers(ASCE) space and 3,000$f of office space. SCS&T is providing geotechnical,
materials testing,and special inspection services. Jim serves as
ADDITIONAL PROJECT EXPERIENCE: principal geotechnical engineer.
Ian Diego Straw University Co-Generation
1 Facility Chino Airport*
Southwestern College Perimeter Road widening/ New runway. Geotechnical investigation and pavement design. Jim
Fire Lane servd as principal geotechnical engineer,
UCSD Rady School of Management
UCSD North Campus Wedge Pi oicct King Abdulaza International Airport*
Adams Elementary School Royal Family terminal apron pavement. Investigation of premature
Carlsbad High School pavement distress. Jim servd as project manager.
ChulaVista High School
Dana Middle School Kaneohe Marine Corps Air Station*
Franklin Elementary School Runway and revetment improvement.Value Engineering Study for
Jefferson Elementary School pavement upgrades and airfield improvements. Jim servd as principal
Lincoln High Schaal geotechnical engineer.
King Elementary School
Madison High School Truk Airport*
Mary Layton Faye Elementary School New paved runway,terminal building,and airport support facilities.
Ocean View Hills School Geotechnical investigation for earthwork foundation,and pavement
Porter Elementay School design. Jim servd as principal geotechnical engineer.
Salt Crcela Elementary School
Votemns Elementary School Honolulu International Airport*
Freight terminal apron and taxiway. Geotechnical investigation and
pavement design. Jim served as principal georechnical engineer, .�.�
i L i
w A. Firm Qualifications - Resume - Laboratory Supervisors
f• Ron Baudour and Raleigh Easton
Skills& Experience
Ron has been in the construction industry since 1983.
Raleigh has been in the construction industry since 1997. Prior to joining
1 5C5&T Laboarones SCS&T,Raleigh performed framing and masonry construction work-
Duties &Responsibilities
Ron Baudour Ron joined SCS&T in 1983 and Raleigh in 2000, A5 Director of Laboratory
Laboratory Manager Services,Ron's responsibilities include schedulemg of special inspections. As
Laboratory Supervisor,Raleigh is more involved in the day-to-day training and
Raleigh Easton testing in the laboratory. Both Ron and Raleigh coordinate responsibilities
Assistant Laboratory Manager in the lab area to meet the challenges of varying workloads and conditions.
Raleigh also doubles as a special inspector.They are both responsible for
CERTIFICATIONS FOR RON BAVDOUR: maintenance and procurement of any equipment required for Certification
Caltrans and/or approval by the various licensing agencies,such as Cement Concrete
CTM 201 304,308,309 366,370 and 382 Reference Laboratories(CCRL),American Society forTesung and Materials
(ASTM),Caltrans,and the American Association of State Highway
American Concrete Institute(ACI) Transportation Officials(AASHTO). Ron maintains approval by all of the
Grade 1#997818 relevant regulatory and licensing agencies.
Concrete Strength TesringTechnician.y997$I$
Troxler Certified
Nuclear Gauge Certified 4 3329.80
Roofing Consultants Institute(RCI)
1 Quality Assurance Observer y 10829
MEMBERSHIPS&ASSOCIATIONS:
American Concrete Institute(ACI)
Roofing Consultants Instln¢c(RCI)
Asphalt Pavement Association(APA)
CERTIFICATIONS FOR RALEIGH
EASTON:
Caltrans
CTM 201,304,308,309,366,370 and 382
City of Sam Diego
Reinforced Concrete#877
1 Prestressed Concrete#877
International Code Council(ICC)
Reinforced Concrete#577762-48
Prestressed Concrete 4577762-I8
American Concrete Institute(ACO)
Grade 1 y04%86
Concrete Strength Testing Technician#049686
MEMBERSHIPS&ASSOCIATIONS:
American Concrete Institute
International Code Councii
/
Southern California Soil & Testing, Inc. Staff Matrix
ReguGalmns i Certdical[aes Sernces
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1
SCS&T's extensive project experience in A. Firm Qtllalifieatiol
Southern Callrorma spans over 45 years. SCS&T
has provided borh public and pt vare sector
clients wirh high quality,cos[effective services on
over 35,000 successfully complered projects. A.6 Relevant Experience
Key personnel Gordon Woodard,Jlm Stone,Ron Badour were responsible for similar
services on the following relevant projects:
I City of Palm Springs International
Airport Expansion Phase I
_ Palm Springs,CA
Expansion of airport,including 7,000 sf of
1 security checkpoint space,3,000 sf of office
Space,
�a y�c: wW Gcotechnical Services:
Laboratory Testing;Foaling Excavation
Observation:Site Grading&Back fill Observation
&Testing
Materials Testing&Special Inspection Services:
��-I Concrete,Masonry,Grout,Wulding,Structural&
w
Reinforcing Steel,Fireproofing
City of Palm Springs International
Airport Expansion Phase 11
^ Palm Springs,CA
Confidential Cost,2008 est.
Hold room and airport security wall
I
PROJECTTYPES Geatechmcol Services:
Observation &Testing of Grading,Subgrade,and
Mixed-Use Utility Trenching
Commercial
Materials Testing&S eon Services-
Reinforcing
__ _ _ II Special InsPrn
Retail _ '-' -1 Reinforcing Steel;Structural and Site Concrete;
Office Buildings&Business Parks Reinforced Masonry;Mortar:Grout;Structural
Steel;Field Welding:High-Strength Bolting;
Healthcare Fireproofing.Laboratory Testing
Educational - - City of Palm Springs International
K-12 Airport Runways
IJniversines iM I� ""yy, � Palm Springs,CA
Community Colleges 11� Confidential Cost,2000 est.
CwtyfMunicopal :i _ On-call contract for runway and taxiway
1 - _ rehabilitation
Infrastructnrc
Transpoortation ' Geote[hmcal Services:
er/Telecommunica[ions
lities
Powerl ,, �t Geotechnicol Investigation,Laboratory Testing
_ Materials Testing Services;
Industrial -- �•�- +•+ Laboratory Testing
San Diego Residential International Airport
1 Single-family Homes San Diego,CA
Confidential Cost, 1998
Single-family Housing -ter—..
Multi-family Mid and High-rise 1997 on-call Port District contract for East
and WestTerminal Expansion,Commuter
Military NV Terminal,storm drain pipes,HVAC upgrade,
E'ntertainmentlRecreadon �, _ reroofing,and relocation of avaiation offices
Religious Facilities '"" Geotechnical Services.
Sod Testing
Additional Facilities t , •. Materials Testing&Special Inspection:
j !'r
Concrete.Reinforced Concrete,Field Welding,
Shop Welding,Drilled Anchor,Roofing i�4a
Founded in 1959,SCS&T is a geotechnical B. Proposed Work Procedures/Approach
and materials consulting and testing company,
offering a wide range of construction support
services. From undeveloped land through
final construction,SCS&T utilizes an in-house B.I Cost Control Approach
laboratory and materials testing facility to
provide accurate and verifiable daui in a timely The Special Testing and Inspection services will be performed on an on---call,as-
and cost-effective manner needed basis. SCS&T will utilize multi-credentlaked inspectors on our projects to
optilze the services performed by our special inspectors while reducing costs to
the City. SCS&T will not bill for drive time.We will work with the on-site Owner's
Representative to maximize the number and types of tests that can be performed
during each site visit and minimize the total time required on-site as well as the
total number of site visits required.Field work generally will be performed at a set
hourly rate.Working with the Project Manager,we will schedule our work in the
most efficient manner to minimize the overall cost-We anticipate that the testing and
inspection work will consist of,
• Project engineer participation in a preconstruction meeting;
• Performing field density tests to evaluate earthwork and utility trench backfill
compaction;
• Performing laboratory tests to evaluate the pertinent physical properties of the
materials used in the earthwork:
Making and curing concrete test specimens in the field;
• Performing Air Content tests on freshly mixed concrete in the field;
• Performing Slump tests on freshly mixed concrete in the field;
• Making and curing hydraulic cement mortar test specimens in the field;
Performing laboratory compressive strength tests of cylindrical concrete specimens
COST CONTROL and hydraulic cement mortars;
SCS&T can customize all aspects of project Performing ultrasonic contact examination of weldments in the field;
management to accommodate our clients i • Inspecting and testing as needed for determining the mechanical properties of
budgeting and project management needs externally and internally threaded fasteners;
while adhering to the standards of delivering • Determining the thickness of sprayed fire resistive material in the field and
Professional services determining the density of sprayed fire resistive material in the laboratory;
• Determining the cohesion/adhesion of sprayed fire resistive material in the field;
CUSTOMIZED SERVICES
Documenthnon All of the tests both on-site and at our off-site testing laboratory in conjunction with
BudgUing the plans and specifications for this project will be performed by SCS&T SCS&T will
Reporting have our inspector(s) report to the on-sire office of the Owner's Representative and
Billing log in.The inspector will also log out noting the time of departure and the testing
Archiving that has been performed.In addition,the inspector(s)will submit a daily report
indicating the type and quantities of the testing performed and any necessary test
BUDGETS&SCHEDULES results and observations.Any defective work will be Immediately reported to the
In both a umely and cost�effecove manner, Owners Representative In writing.
5C5&T will work with your project team to
Assist you in meeting your budgets and schedules. Upon completion of the prolect,a final report will be prepared documenting the
Based on the construction schedule and our work observed and tested and including results of the field and laboratory tests.
experience with the construction process,we
will create a budget and establish a program
that allows us to track progress at the level of 13.2 Notification Requirements
dead appropriate for each proloct By being
a proactive part of the construction tehm, we SCS&T would prefer to have 24 hrs.notification for each type of inspection.However,
ensure that the Client is aware or the inspection
budget in a way that minimizes surprises such as we have the capability to respond with short notice because of the proximity of our
change orders at the end of a project- Indio office to the airport. In addition,we have technicians licensed and certified in
multiple types of inspection and testing.Due to our location and diverse staff,SCS&T
PROJECT MANAGEMENT can respond to short notice requests within an hour,if necessary, Inspectors and
SCS&T has a strong commitment to project technician scheduling is performed by our senior staff each working day for the next
management. By assigning the project manager is day. The schedule is reviewed before 6-00 am each day and adjustments made as
your dry-to-day Conuhct for the duration or your necessary to accommodate late requests,enabling SCS&T to respond promptly and
project SCS&T provides mnnnuity throughout
efficiently to City needs.
the entire development process ,,�-
"1 have nothing but excellent comments and C. references
reports of your firm's performance on the
recent(DSA)Lincoln High School Project I can
appreciate the daunting task of coordinating
the efforts of 14 inspectors assigned to our City of Palm Springs International
project...the largest ever awarded to the ;�y�� ,„W Airport Expansion Various Projects
SDUSD at$108,000,000 and 4 years of work Geotechnical Services:
to complete." Laboratory Testing;Footing Excavation
60 Observation;Site Grading&8ockfill Observation
Carol Pezzopone, &Testing
Construction Management Supervisor q I Matenals Testing&Specrol Inspection Services:
San Diego City Schools . I Concrete,Masonry,Grout Welding,Structural&
Reinforcing Steel.Fireproofing
Jeff Warkoski,RSH Construction Ed Howard,Parsons
303,409,4779 702.308.4779
leffrey.warkoski@rsandh com henryhoward@parsons.com
City of Indio
2006 Capital Improvemerim Program
I Various CIP prolecm for the City and
Redevelopment Agency.
_ Geotechnical Services:
" Geotechnical Investigation;Pavement
J�ru Investigation;Grading,Asphalr and Rase
k Material Observation &Testing,Site
1 Inspection:Laboratory Testing;
Jim Smith,City of Indio
760.347.1059 Materials Testing&Special Inspection:
jsmith@mdio.org Concrete,Masonry,Steel
San Diego Community College
Educational Cultural Skills
b•I Complex Center
ICJ San Diego,CA
New wing addition including state of
the art laboratories,lecture rooms and
- •• ,, ,��,", support space.
; .; Geotechnical Services:
Geotechnical Investigation,Subsurface
Lance Lareau,San Diego Community Exploration.Pavement Recommendations,
College District Laboratory Testing
As-Needed Services Materials Testing&Special Inspection
619,388,6546 Services:Concrete,Steel,Masonry,
Laboratory Testing
.—,r�nwe:•.
University of California,San
Diego
Rady School of Management
La Jolla,CA
New facility on 80,000 sf site. Four-
_ it stories,including classrooms,conference
( rooms,offices,computer lab
Geotechnical Services
_ Observation&Testing of Grading,
- Foundation Excavation,Wall Backfill,Curb&
' Gutter,and Utilities;Parking Lot Pavement
Construction,Laboratary Testing
Mike Engel Materials Testing&Special Inspection
UCSD Facilities Design and Services:
Construction Steel,Concrete,Fireproofing,High-Strength
858.534,7484 Bolting,Ultrasonic Testing,Ceiling Wire Pull
Testing,Laboratory Testing
Appendix -Attachments &Addendums
I
I
i
I
ATTACHMENT'S'
REQUIRED EQUAL OPPORTUNITY STATEMENTS
The Bidder shall complete the following statements by checldng the appropriate boxes. The Bidder must
have properly completed these statements to be considered an eligible Bidder.
The Bidder has-X—has not participated in a previous contact subject to this equal
opportunity clause prescribed by Executive Order 11246,as amended,of September 24, 1965.
The Bidder hasYhas not submitted all compliance reports in connection with any such contract
due under the applicable filing requirements; and that representations indicating submission of required
compliance reports signed by proposed subcontractors will be obtained prior to award of subcontracts.
If the Bidder bas participated in a previous contract subject to the equal oppornmity clause and has not
submitted compliance reports due under applicable filing requirements, the Bidder shall submit a
compliance report on Standard Form 100, "Employee Information Report EEO-I" prior to the award of
the contract.
BIDDER'SNAME 50L-;•7pt'LE02+✓ Cf/F/TeA.✓/9 o/G �j�S /J6
ADDRESS 83 - 7e C♦T�i S f/� �f✓!J S,Ii G �+.✓dia. CA
q Z2n
INTERNAL REVENUE SERVICE EMPLOYER IDENTIFICATION NUMBER.
f 95-._ 2. 2yd�33
` �ALw ES' � STtiN //�.� i.ya/AAL rs'+C`O��</,✓NIGA L �/�'�NEE,y�
Name and Title of Signer
S D
Note:The penalty for malting false statements in offers is prescribed in 18 U.S.C. 100I.
12
ATTACHMENT'C'
CERTIFICATION OF NONSEGREGATED FACILITIES
CERTIFICATION TO BE SUBMT[TED BY FEDERALLY ASSISTED CONSTRUCTION
CONTRACTORS OF APPLICANTS AND THELR SUBCONTRACTORS (APPLICABLE TO
FEDERALLY ASSISTED CONSTRUCTION CONT&WTS AND AF-WED ,SUBCONTRACTS
EXCEEDING $10,000 WIUCE ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY
CLAUSE).
The rederally-assisted construction contractor certifies that he or she does not maintain or provide,for his
or her employees,airy segregated facilities at any of his or her establishments,and that he or she does not
permit his or her employees to perform their services at any location, under his or her control, where
segregated facilities are maintained. The Federally-assisted construction contractor certifies further that
he or she will not maintain or provide,for his or her employees any segregated facilities at any of his or
her establishments,and that he or she will not permit his or her employees to perform their services at any
location, under his or her control, where segregated facilities are maintained. The Federally assisted
construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity
Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting
rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which are segregated by explicit
directives or are,in fact,segregated on the basis of race,color,religion,sex or national origin,because of
habit, local custom, or any other reason. The Federally-assisted eonstractdom contractor agrees that
(except where he or she has obtained identical certifications from proposed subcontractors for specific
time periods)he or she will obtain identical certifications from proposed subcontractors prior to the award
of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Oppornmity
Clause,and that he or she will retain such certifications in his or her files.
Certification-The information above is true and complete to the best of my knowledge and belief.
By
TitlerR/�✓• GEaTtc H. LNG it.
NOTE: The penally for malting false statements in offers is prescribed in 18 U.S.C. 1001. Assurance of
Minority_Business Ejmp iae Participation.
To meet the mandated requirements of the United States Department of Transportation,49 CFR Part 23,
the assurance below shall be signed by the bidder and submitted prior to award of the contract.
TlpTB: The bidder's execution of the signature portion of this proposal shall also constitute
execution of this assurance.
13
ATTACHMENT `D'
BIDDER'S ASSURANCE OF COMPLIANCE WITH TITLE 49 CFR PART 26
RELATING TO DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation,
apply to Plus contract. It is the policy of the City of Palm Springs / Palm Springs International
Airport to practice nondiscrimination based on race, color, sex, or national origin in the award or
performance of this contract. All films qualifying under this solicitation are encouraged to
submit bids/proposals. Award of this contract will be conditioned upon satisfying the
requirements of this bid specification. These requirements apply to all bidders/Proposers,
including those who qualify as a DBE_ A DEE contract goal of 0% has been established for
this contact. The bidder/Proposer shall make good faith efforts, as defined in Appendix A, 49
CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance
of this contract.Form 1 -Disadvantaged Business Enterprise (DBE) Utilization must be included
with the bid fonm submitted by the bidder/Proposer by the bid due date_
Form 1 —
Disadvantaged Business Enterprise(DBE)Ublizatioo
The undersigned bidder/Proposer has satisfied the requirements of the bid specification in the
following manner(please check the appropriate space):
The bidder/Proposer is committed to a minimum of %DBE utilization on this
contract. se' \ 1s CLCa&\71Cx\
The bidder/Proposer(if unable to meet the DBE goal of %) is committed to a
minimum of% DBE utilization on this contract and will submit documentation
demonstrating good faith efforts.
Form 2—
DBE Letters of Intent must be submitted within 5 days of the bid due date by the bidder/Proposer.
Form 2 -Letters of Intent must include the following information: (1)the names and addresses of
DBE firms that will participate in the contract; (2) a description of the work that each DBE firm
will perform; (3) the dollar amount of the participation of each DBE firm; (4) DBE business age
(5) DBE approximate annual gross receipts (6) written and signed documentation of
commitment to use a D13E subcontractor whose participation it submits to meet a contract goal;
(7) written and signed confirmation from the DBE that is it participating in the contract as
provided in the prime contractors commitment; (8) Proof of DBE certification. Form 2
contained in Instructions To Bidders.
Documentation Demonstrating Good Faith Efforts must be submitted within 5 days of the bid due
date by the bidder/Proposer. The bidder/Proposer shall make good faith efforts, as defined in
Appendix A, 49 CFR Part 26 (Attaclmrent 1), to meet the contract goal for D13E participation in
the performance of this contract. Good Faith Effort form is contained in Instructions To Bidders.
1 A bid that fails to meet these requirements will be considered non-responsive.
14
The undersigned hereby certifies that he or she has read the terms of this commitment and is
authorized to bind the bidder to the commitment herein set Forth.
Name of bidder/Proposer's firm: r—
S'a ✓774,C e ,J 4r.9G --
State Contractor License No.- r✓�A
By: J q MjE S T- S'���. l�E6rSs��Gp �rEaTff"osrNrcr9 L Er�Gr�Ed�
Title:i`2rr�� N�.
/NL//nr1Glr�O1�Ls�i[trcA� EtiI�rNL/�/L
(Nemc o uthorizsd ORic
Signa
A ture:
(Signature Au�4onizcd Ofl3csr)
atc:
15
04 PALS S
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CgrrFOR��A
RFP 10-08
SPECIAL TESTING AND INSPECTION SERVICES
ADDENDUM NO.1
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,
This Addendum is being Issued for the following clarification:
Section 6 PROPOSAL GONTF --Reference Is made on Page 5 to the fact that Envelope#2
will be clearly marked 'Cost Proposal". The term "Cost Proposal" Is synonymous with the term
used on Attachment"A"—D.8 Wcing Exercise". The form included In the RFP as"A"is the form
to be filled out and provided in Envelope#2.
Section 14 WAGE RATE R —Although there are definitions of prevailing wage,
the document does not state definitively whether or not the project is prevailing wage. For
clarification purposes:this is a Federal prevailing wage project.
BY ORDER OF THE CITY OF PALM SPRINGS,CALIFORNIA
" (LP
Mari Lynn Bos II '^
Procurement Specialist I
DATE: March 26,2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Firm Name: S e rJ r N I"a L) CA 9- F f u of 1,9 SO<1- f
Authorized Signature: -il'
Date:CN
Acknowledgment of Receipt of Addendum t is required by signing and including the
acknowledgment with your response. Failure to acknowledge this Addendum may result In
your proposal being deemed non-responsive.
OF ?AIM s
A�
w Z
V N
C'�rfFOR���
RFP 10-08
SPECIAL TESTING AND INSPECTION SERVICES
ADDENDUM NO,2
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED.IN THE
ORIGINAL DRAWINGS AND SPECIFICATIONS. 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:
It Is IMPERATIVE that you contact Cheryl Martin, Procurement Administrative
f` Coordinator, via email at Chea l,Madin@paIlrnsprings-ca=oc> v to officially register as a
Proposer for this specific project with your company name, address, phone, fax, contact
person and email address. Failure to officially register may result in not receiving
addenda to the RFP. Note: You may also register your firm in the City's on-line general
vendor database system while on the webslte, but you MUST still contact Cheryl Martin
as instructed above to register as a proposer for this specific RFP 10-08
The City has received the fallowing questions and is hereby providing answers
thereto:
RESPONSES TO QUESTIONS RECEIVED TO DATE:
1. ASTM D2922 Is a field test performed by the field technician in the course of their work
day. Do you want these tests billed separately as well as the hourly rate for the soils
technician?
2. ASTM D1556 is a field test performed by the field technician in the course of their work
day.Do you want these tests billed separately as well as the hourly rate for the soils
technician?
3. ASTM C172 is a task performed in the course of the day by the field inspector while
casting compressive strength samples. Do you want this task billed separately along with
the inspector's hourly rate?
4. ASTM C31 Is a task performed In the course of the day by the field inspector while casting
compressive strength samples.Do you want this task billed separately along with the
inspector's hourly rate9
5. ASTM C173 is a field teat performed In the course of the day by the field inspector while
casting compressive strength samples.Do you want this task billed separately along with
the inspector's hourly rate?
6 ASTM C143 is a field test performed in the course of the day by the field inspector while
casting compressive strength samples.Do you want this task billed separately along with
the inspector's hourly rate?
7. ASTM E164 is a field test performed in the course of the day by the field Inspector while
performing ultrasonic examinations of welds. Do you want this task billed separately
along with the inspector's hourly rate?
8. ASTM E605 is a task performed in the course of the day by the field inspector while
Inspecting sprayed fire resistive material.Do you want this task billed separately along
with the inspector's hourly rate?
The answer to all of the above questions Is as follows' If the testing is included in
the course of normal work and the cost is included in the hourly rate,you should
note it that way on Exhibit A "Included in hourly rate"
BY ORDER OF THE CITY OF PALM SPRINGS,CALIFORNIA
Mari Lynn Bo9well
Procurement Specialist I
DATE: April 1,2008
ADDENDUM ACKNOWLEDGMENT:
Proposer Finn Name: S if—aop ^li'q
Authorized Signature:
Date:
Acknowledgment of Receipt of Addendum 2 is required by signing and including the
acknowledgment with your response. Failure to acknowledge this Addendum may result in
your proposal being deemed non-responsive.
t
FA Al
oY spy.
4 m
RFP IM8
SPECIAL TESTING AND INSPECTION SERVICES
ADDENDUM NO. 3
This Addendum is being issued for the following changes and informational items:
THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE
SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED.IN THE
ORIGINAL DRAWINGS AND SPECIFICATIONS, 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.
The City has received the following questions and is hereby providing answers
thereto.
I
RESPONSES TO QUESTIONS RECEIVED TO DATE=
1. What are the required FAA specifications, lab qualifications that we will need to
have in order to submit on this project?
Since this is not a paving project there are no FAA required Lab specs or
certifications required.
Z Besides page 11 (Attachment A-Pricing Exercise), will we need to still submit
another cost estimate based on the plans and specifications?Or is this only for
laboratory sample testing?
Submit the pricing exercise as a stand-alone submittal and then any other
pricing information based on plans and specifications.
BY ORDER OF THE CITY OF PALM SPRINGS,CALIFORNIA
1
Mari Lynn swel
Procurement Specialist I
DATE: April 8, 2008
ADDENDUM ACKNOWLEDGMENT
Proposer Firm Name_ S o C'y o,F u e .v en Sv e/— O'� f�sr/p C
Authorized Signature: cs
Date:o v /U r o
Acknowledgment of Receipt of Addendum 3 is required by signing and including the
acknowledgment with your response. Failure to acknowledge this Addendum may result In
your proposal being doomed nonresponsive.
D. Cost Schedule - Submitted in Separate Sealed Envelope
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Section 0, Cost Schedule April 14, 2008
DA -- Hourly Rates for Onsite Inspection
Special Inspection by SCS&T (Includes inspection of the $88 per hour
following items)! reinforcing steel; structural and site
concrete placement; reinforced masonry, mortar and grout
placement; structural steel, steel joists, metal decking, clod
formed metal framing, metal fabrications, and field welding,
high-strength bolting; fireproofing; bolts and embeds; and
mechanical connectors.
Geotechnical Testing $88 per hour
D.2 — Hourly Rates for Offsite Inspection
^If offsite shop inspection is required, Simon Wong $88 per hour
Engineering will perform offsite services.
D.3— Unit Costs for Onsite Testing
Air & Entrainment _ Included in hour) rate
_ Slump test of concrete Included in hourly rate
Temperature of concrete _ Included in hourly rate
Fireproofing Thickness Included in hourly rate
�WUltrasonic Contact Examination Included in hourly rate
D.4 - Unit Costs for Offsite Testing
Compressive Strength of Concrete $21 per cylinder
Compressive Strength of Mortar $21 per cylinder
Compressive Strength of Grout $21 per cylinder
Fireproofing Tests Density/Cohesion-Adhesion $50 per test
Miscellaneous Test Result Reports No Charge
Tensile and Hardness Testing of H.S. Bolts $50 per sample
D.5 - Reports
Final Verification of Special Inspection Report $500
Miscellaneous Test Result Reports No Charge
Geotechnical Report $850
D.6 - Reimbursable Expenses to Owner
D.7 -Additional Costs to Owner
Project Engineer/ Project Manager 8 hours x-$150 per hour
D.8 — Pricing Exercise Attached
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ATTACHMENT'A'
D.8 PRICING EXERCISE
k*TO SE SUBMITTED WITH COST PROPOSAL IN SEALED ENVELOPE#2**
/
No. of Tests ASTM Test/Description Unit Price Extended Price
5 ea D2922 Density of Soil and Soil S132 $660
Aggregate
5 ea D1556 Density and Unit Weight of $220 $1,100
Soil
5 ea D2167 Density and Unit Weight of $220 $1,100
Soil
5 ea D1557 Laboratory Compaction 5212 $1,060
Characteristics of Soil
5 ea D3017 Water Content of Soil and incl in D2922
Rock in Place price
10 ea C172 Sampling Freshly Mixed $294 $2,940
Concrete
10 es C31 Making and Curing Concrete ncl in C172
Test Specimens price
10 ea C39 Compressive Strength of $104 $1,040
Cylindrical Concrete Specimens
10 ea C173 Air Content of Freshly Mixed incl in C172
Concrete price
10 ea C143 Slump of Hydraulic Cement incl in C172
Concrete price
10 ea C109 Compressive Strength of $104 $1,040
Hydraulic Cement Mortars
10 ea E164 Ultrasonic Contact $309 53,090
Examination of Weldments
20 ea P606 Mechanical Properties of $294 $5,880
Externally and Internally Threaded
Fasteners
5 ea E605 Thickness and Density of $359 $1,795
Sprayed Fire Resistive Material
5 ea E376 Cohesion/Adhesion of incl in E605
Sprayed Fire resistive Material price
Identify any additional costs necessary to perform Subtotal of $19,705
the above tests in the spaces below: Extended Costs
Addl Cost Project Engineer On-Site Observations $102 $1,632
and Meetings per hour
Add[ Cost Final Report $850
Addl.Cost
Addl Cost
Addl Cost
Grand Total: $22,187
All of the above Unit Prices include anticipated drive time testing equipment, reimbursable
expenses, vehicles, consumables needed for testing and reporting, and daily report preparation on-site.
Revised. 3/23/07
EXHIBIT "D"
SCHEDULE OF COMPENSATION
Total Compensation shall not exceed S80,000.
Compensation for services rendered shall be in accordance with hourly and per test rates
identified below. Minimum hours, vehicle expense, travel time and travel expenses are
specifically excluded from compensation to be paid to Consultant under this agreement.
Work Item Fee
Special Inspection—On site. $88/11r
Gcotechnical Services $88/11r
Off-site hispections $88/hr
Testing
Compresive Strength Concrete $21/cylinder
Compresive Strength Mortar $21/cylinder
Compresive Strength Grout $21/cylinder
Fireproffing Tests (Density & Coliesion-Adhesion) S50/test
Fireproofing Thickness No Charge
Ultrasonic Contact Examination Included in Hourly rate
Tensile and Hardness Testing of H.S. Bolts S50/sample
Reports
Final Verification of Special Inspection Report $500
Miscl. Test Reslut Reports No Charge
Reimbursable Expenses to City None
Additional Cost
Project Engineer/Project Manger(Owner Requested) $150
Call-out and Contractor not ready 2 hr ininimum charge
Note: All on-site tests are included in the hourly rate (Example- soil density).
For overtime work, the Consultant will be compensated at the hourly rates listed above times 1.5.
Overtime will apply to work performed by an individual inspector in excess of 8 hours per day;
work performed on weekends and work performed on City Holidays. City Holidays are
identified as : New Year's Day; Martin Luther King Jr. Day, Lincoln's Birthday, Washingto's
Birthday, Memorial Day, hidependence Day, Labor Day. Thanksgiving Day, and Christmas.
Invoices for all on-site services performed shall be prepared in detail sufficient to reconcile them
against the Owner's Representative on-sit log.
52A7b' I
Revised 3/23/07
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
The required scope of services shall be completed throughout the project schedule of 10.5
months commencing from date of signature on the Agreement by Consultant.
Contractor's testing personnel shall be available on 24 hoour notice from the Owner's
Representative of his designee.
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