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HomeMy WebLinkAboutA5601 - EBERHART/UNITED CONSULTANTS INC GARNET HILL EARTHQUAKE FAULT STUDY 3RD PARTY REVIEW AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 5601 WITH EBERHART/UNITED CONSULTANTS, INC. GEOTECHNICAL SERVICES GARNET HILL EARTHQUAKE FAULT STUDY, THIRD PARTY REVIEW This Amendment No. 1 to the Contract Service Agreement with Eberhart/United Consultants, Inc., a California corporation (Agreement Np. 5601), a roved by the City Manager on January 22, 2008, is made and entered into this 2m- day of lwajz _ , 20 11 , by and between the City of Palm Springs, a California charter city (hereinafter "City") and Eberhart/United Consultants, Inc., (hereinafter"Consultant"). RECITALS Whereas, the City and Consultant now desire to extend the term of Agreement No. 5601 and to provide additional compensation for the requested scope of work. The recital above is incorporated herein by reference and the following articles of Agreement No. 5601 are hereby amended to read as follows: 1. SECTION 3.1 The maximum contract amount is amended to Thirty Thousand Dollars ($30,000.00). 2. SCOPE OF SERVICES Exhibit "A" — Exhibit 'A" the Scope of Services shall be amended to add the following statement: The services provided herein shall be completed upon the submittal of a report outlining the third-party review of the Garnet Hill Earthquake Fault Study, and its review and approval by the City Engineer. 3. Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 5601 remain in full force and effect. Purchase Order Number(s): 0000656 Agreement Number: 5601 Original MO Number: N/A City Manager Approval: January 22, 2008 Original Contract Amount: $ 20,000.00 Amount of Increase: $ 10,000.00 Amended Total: $ 30,000.00 [SIGNATURES ON NEXT PAGE] x Agreement No. 5601 Amendment No. 1 Page 2 ATTEST: CITY OF PALM SPRINGS, a California charter city City CleFk City Manager APPROVED AS TO FORM: APPROVED BY CITY COUNCIL By: ?I-_ b1 City Attorney e CONTRACTOR: Check one:_Individual_Partnership &Corporation 1 Corporations require two notarized signatures, One signature must be from the ��air ry Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary T s(i r, Assistant Treasurer, or Chief Financial Officer). By: By: otarized igna ure of Chairman of Board, Note zed S ature lecretary,Asst Secretary, President or any Vice President Treas rer,Asst treasurer or Chief Financial Officer Name!, \M Name. 0—yu _ Title: 1 (y.S1,Ak)Q+ Title: State of State of t County of County of On_D Dc,30,o$before me,�Y t On beL30sMbefore me, Del— personally appeared JCtn personally appeared who proved to me on the basis of satisfactory evidence who proved to me on the basis of satisfactory evidence to be the person(&)whose name(s) is/aye subscribed to to be the person(4 whose name(s) is/are subscribed to the within instrument and acknowledged to me that the within instrument and acknowledged to me that he/she" executed the same in hisAHwAheir he/sheAheyr executed the same in his/herAbeir- authorized capacity(a Q, and that by hisfperfih@W authorized capacity(+ee), and that by his/4eFAh& signaturesW on the instrument the person(s), or the signatures(s) on the instrument the person(.&), or the entity upon behalf of which the person(4 acted, entity upon behalf of which the person(e) acted, executed the instrument. executed the instrument. I certify under PENALTY OF PERJURY under the laws I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is of the State of California that the foregoing paragraph is true and correct. true and correct. WITNESS my hand and official seal. WITNESS my hand nd official seal. Notary Signatur Notary Signatur Notary Seal: Notary Seal: TRACY HOOFER t;;rZ TRACY HOOFER aCommisslon# 1676238 Commisslon# 1676238 Notary PublicNotary PublicContra Costa County Contra Costa County Comm.Expires Jul 15,2010 My Comm.Expires Jul 15,2010 O� pALA4 S A AI �yN City of Palm Springs Department of Public Works and Engineering 3200 East Tahquitz Canyon Way•Palm Springs,California 92262 ROAT4D C P Tel:(760)323-8253•Fax:(760)322-8360.Web:www.palmspringsca.gov �E1FpR�� May 31, 2011 Mr. Gary M. Cappa United Inspection &Testing 2001 Crow Canyon Road, Suite 100 San Ramon, CA 94583 Re: Garnet Hill Earthquake Fault Study, City Agreement No. 6601 Dear Mr. Cappa: The City is in receipt of your letter dated April 13, 2011, requesting the assignment of City Agreement No. 5601 related to the Garnet Hill Earthquake Fault Study with Eberhart/United to United Inspection & Testing as a result of its acquisition of Eberhart/United on September 30, 2009. Pursuant to Section 5.3 of the agreement, neither the agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. The City has reviewed your request and will approve the assignment of the agreement under the provision that United Inspection & Testing agree to all terms, conditions, covenants and requirements of the original agreement (including, but not limited to, the scope of services, schedule of performance, compensation, and insurance requirements) and they remain in full force and effect. In addition, pursuant to Section 11.1, Notice, please provide the official address to be used for any written communications from the City. The person executing this Assignment below on behalf of United Inspection & Testing hereto warrants that he/she is duly authorized to execute this Assignment and by so executing this Assignment formally bounds United Inspection & Testing to the terms and conditions of the agreement. Please have the authorized person sign below, date and return this letter to my attention no later than Monday, June 6, 2011. If you have any questions, please feel free to contact me at (760) 323-8253, extension 8744, or by e-mail at Marcus.Fuller@palmspringsca.gov_ Sincerely, Marcus L.. Fuller, P.E., P.L..S. Assistant Director of Public Works/ Assistant City Engineer enc CC.' Craig Gradders Jay Thompson i CONSULTANT SERVICES AGREEMENT ASSIGNMENT GEOTECHNICAL SERVICES GARNET HILL EARTHQUAKE FAULT STUDY, THIRD PARTY REVIEW AGREEMENT NO. 5601 In Witness Whereof, the parties have executed this Assignment as of the dates stated below: CONSUL TANT: United I spection &Testing Date: ignat re) ` Q (41/1(:e a��Slc�ll (pr nt d n e and title) I APPROVED BY CITY MANAGER CITY: Minot City of Palm Springs, CA Date: " David H. Ready,City arlacel .- ATTEST: mes Thompson,City Cleric AOvAa t OL I CONSULTING SERVICES AGREEMENT Geotechnical Services Garnet Hill Earthquake Fault, Study Third Party Review THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into thlson%ay of 1 �anL 200_, by and between the City of Palm Springs, a California charter city ("City"), and Eberhart/United Consultants, Inc., a California corporation ("Consultant"). RECITALS A. City requires the services of a professional geotechnical firm to provide professional third party peer review of a seismic investigation and study "Fault Investigation, Garnet Hill Property, City of Palm Springs, California," currently in progress by Leighton and Associates, Inc. ("Project')- B. Consultant has submitted to City a proposal to provide professional geotechnical consulting services to City pursuant to the terms of this Agreement. C. Based on Its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such - services-D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as Follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide professional geotechnical consulting services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent In the industry. In the event of any inconsistency between the terms contained in the Scope of ServicesfWork and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state, or local governmental agency of competent jurisdiction. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this pz Agreement according to the agreed upon schedule of performance set forth in Exhibit "A". Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3,1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"B,"which total amount shall not exceed $20,000. 3.2 Method of Payment. An invoice shall be submitted for services rendered to the Contract Officer. Payments shall be based on the rates as set forth in Exhibit"B"for authorized services performed. City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. There shall be a maximum of one payment per month. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A". The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 8.5 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but riot exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule and Compensation (Exhibit"A"). 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following Principal is hereby designated as being the representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Dan R. Eberhart, C.E.G. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing employee is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing Principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the Assistant Director of Public Works/Assistant City Engineer, Marcus Fuller, or his designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law,without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "C", which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liability, actions, suits, proceedings, claims, demands, losses, costs, judgments, damages, expenses, including legal costs and attomeys' fees, and causes of action for injury to or death of person or persons, for damage to property, including property owned by City,for any violation of any federal, state, or local law or ordinance, and for errors and omissions committed by Consultant, its officers, employees, representatives, and agents, arising out of or related to Consultant's performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability hereunder. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records, Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting parry on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either parry of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.4 Legal Action. In addition to any other rights or remedies, either party may 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 injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an Immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30)days written notice to City. 10. CITY OrrICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10,2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other parry of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Eberhart/United Consultants, Inc. Attn: Dan Eberhart 72-960 Fred Waring Drive, Suite 19 Palm Desert, California 92260 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY„ City of Palm Springs Date: ��O"OOV6 20 David H. Ready City Manager ATTEST Date: C71 x Z Z trD8 B . James Thompson, - - City Clerk "CONSULTANT" EberharldUnited Consultants, Inc. Date: 2 ' �`! ' By . Namemtle APPROVED BY CITY MANAGER APPROVED AS TOFORW ��� 000, 1 Title: ' �i EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide third party review of the "Fault Investigation, Garnet Hill Property, City of Palm Springs, California", by Leighton and Associates, Inc. (Temecula, CA) that is currently underway. The intent of this review is to provide the City with geological and geotechnical opinions regarding the findings, conclusions and recommendations presented by Leighton and Associates, Inc. (Temecula, CA) with respect to the codes and ordinances of the City of Palm Springs and the State of California guidelines for evaluating the hazard of surface fault rupture. The review will present Consultant's opinion as to whether Leighton and Associates, Inc. (Temecula, CA) has prepared the referenced report in conformance with the guidelines established by the State of California, California Geological survey Note 49 (guidelines for evaluating the hazard of surface fault rupture) and the guidelines established by the County of Riverside for County designated fault zones. The scope of work will include the following: 1. Meet with Leighton and Associates, Inc. (Temecula, CA) and review proposed investigation 2. View fault trenches to verify findings of Leighton and Associates, Inc. (Temecula, CA) 3. Perform independent data evaluation 4. Make recommendations to Leighton and Associates, Inc. (Temecula, CA) during exploration, if needed 5. Review and evaluate report produced by Leighton and Associates, Inc. (Temecula, CA) 6. Prepare a report of review to the city EXHIBIT "B" COMPENSATION Payment for services rendered under this Agreement shall be paid on a time and material basis, not to exceed $20,000 as follows: PERSONNEL CHARGES Classification Hourly Rate Office Assistant*............................................................................................................$ 65.00 WordProcessor*............................................................................................................S 70.00 CAD Operator/Technical Illustrator*............................................................................$ 95.00 Engineering Technician*..................................... -- --- .. -- --- -- .. .. -- .. .$ 85.00 Senior Engineering Technician ---------------------$ 90.00 Laboratory Testing'. ........... • ...........................................................................$ 100.00 Engineering Technician Manager.................................................................................S 125.00 Staff Engineer/Geologist.............................................................................................$ 125.00 Project Engineer/Geologist.........................................................................................S 135.00 Senior Engineer/Geologist.............................................................................•-----------$ 150.00 Associate Engineer/Geologist-------------------------------------------------------------------------------------$ 180,00 Principal Engineer/Geologist ........................$ 190,00 Depositions and Court Testimony(four hour minimum)..............................................$ 400.00 Overtime for these personnel will be charged at 1.5 times the hourly rate for hours worked over 8.0 hours per day and all time worked on weekends and holidays. ** Prevailing wage add$18.00/hour. EQUIPMENT CHARGES Description Rate Automobile/Truck .......................................... . • -- -- .. .. ....................$ 8.00/hour CAD................................................................... ---- -- -- -- ...............$ 10.00/hour Data Recorder(vibrating wire piezometers and settlement cells)...............................$ 40.00/day Exploration Equipment(drill rigs,dozers, backhoes, etc.)...........................................$ cost+ 15% Inclinometer(probe,cable,data recorder)....................................................................$ 75.00/day Manometer.................................................................................................... ...... .......$ 2000. /day Nuclear Density Gauge.................................................................-- -- .. --- .. .. $ 10.00/hour Tiltmeter......................................... .. .. -- .. ....... .. -- -- -- .. ............$ 30.00/day Water Level Indicator(conductive probe) ..............................$ 20.001 day EXPENSES Direct project and/or subcontract expenses(printing, photography, aerial photos, permits, outside laboratory testing,outside consultants, etc.)are charged at cost plus 15 percent. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects more than 60 miles away from their principal office are charged at cost. EXHIBIT "B" COMPENSATION LABORATORY CHARGES Soils Atterberg Limits(ASTM D 431 8)...................................................................................3 200.00 California Bearing Ratio: 1 point(ASTM D 1883).......... ........ .....................................$ 470.00 California Bearing Ratio:3 points @ 95%....................................................................$ 885.00 California Impact(CAL 216)............................................ ..... • .. .. .. .. .. .$ 250.00 ChunkDensity..............................----------------------------------------------------------------____........$ 60.00 Collapse Potential.................................................................. .. .. .. .. .. .. -- ............$ 120.00 Consolidation, undisturbed, 8 points(ASTM D 2435).................................................$ 410.00 Consolidation, remolded, 8 points(ASTM D 2435).....................................................$ 510.00 Consolidation: time-rate, per load increment...............................................................$ 100.00 Corrosion Series(D 4972, G 57, D 4327, D 4658M)....................................................$ 150.00 Direct Shear: undisturbed, 3 points (ASTM D 3080)...................................................$ 350.00 Direct Shear: remolded, 3 points(ASTM D 3080) ------.$ 450.00 Direct Shear. residual, 3 points(ASTM D 6467) .. ..............$ 450.00 Expansion Index(UBC-29-2,ASTM D 4829) ......................$ 200.00 Maximum Density/Optimum Moisture: check point(ASTM D 1557)...........................$ 50.00 Maximum Density/Optimum Moisture: 4-inch(ASTM D 1557)....................................S 250.00 Maximum Density/Optimum Moisture: 6-inch (ASTM D 1557)....................................S 250.00 Moisture/Density(ASTM D 2216, D 4643)...................................................................$ 30.00 Moisture/Density(ASTM D 2937).............................................................. .. $ 25.00 Moisture Test(ASTM D 2216, D 4643)........................................................................$ 25.00 Permeability, Constant Head (ASTM D 2434, CAL 220)----------------------------------------------$ 300,00 Permeability, Falling Head(ASTM D 2434, CAL 220) $ 300.00 pH(ASTM D 4972)................................................................... -- .. .. .. .$ 75.00 Porosity Test................................ . .. .. .. .. .. .. .....................S 40.00 Relative Density(max/min)(D 4254)............................................................................$ 410.00 "R"(Resistance)Value(CAL 301,ASTM D 2844).......................................................$ 400.00 "R"(Resistance)Value(Lime Treated or Requiring Recombining)..............................S 450.00 Sand Equivalent(CAL 217, ASTM D 2419).................................................................$ 100.00 Sieve and Hydrometer Analysis(ASTM C 136, ASTM D 422)-- $ 200.00 Sieve Analysis, Fine(ASTM C 136).............................................................................$ 55.00 Sieve Analysis, Coarse(ASTM C 136) ..................$ 55.00 Sieve Analysis, Fine/Coarse Combined(ASTM C 136) ___..............S 105.00 Sieve Analysis, Finer than#200 (ASTM D 1140, C 117).............................................$ 55.00 Specific Gravity for Soils(ASTM D 854).......................................................................$ 90.00 SulfateContent.....................................................................................----------------...$ 75.00 Swell (ASTM D 4546)........................................................................ .. -- -- .. .. $ 200.00 Triaxial Shear. U-U, undisturbed(ASTM D 2850).......................................................$ 450,00 Triaxial Shear. U-U, remolded (ASTM D 2860)---- ............$ 550.00 Unconfined Compression Test(ASTM D 2166) ................................3 100.00 EXHIBIT"B" COMPENSATION LABORATORY CHARGES—(continued):. Aggregates Absorption, Coarse(ASTM C 127)--------------------------------------------------------$ 75.00 Absorption, Fine(ASTM C 128)-----------------------------------------------------------------------------------.$ 90.00 Clay Lumps/Friable Particles(ASTM C 142)................................................................$ 70.00 Cleanness value(CAL 227)------------------------------------------------------------------------------------------$ 145.00 Durability Factor, Coarse/Fine(CAL 229).....................................................................$ 250.00 Hardness Test(ASTM D 1865).....................................................................................$ 65,00 Lightweight Aggregate(ASTM C 123)............................ ...........................$ 85-00 Los Angeles Rattler(ASTM C 131)-------------------------------------------------------------------------------$ 130-00 Los Angeles Rattler(ASTM C 535)...............................................................................$ 145.00 Lass on Ignition (ASTM C 25).......................................................................................$ 45.00 OrganicImpurities.........................................................................................................$ 55.00 Percent Flat/Elongated (CRD C 119,ASTM D 4791)-----------------------------------------------I---$ 120.00 Plate Bearing Test(ASTM D 1195, D 1196)................................................................... By Quote Potential Reactivity(ASTM C 289)...............................................................................$ 350.00 Sand Equivalent(CAL 217,ASTM D 2419)..................................................................$ 100.00 Sodium or Magnesium Soundness(ASTM C 88).........................................................$ 160.00 Staining Materials(ASTM C 641).................................................................................S 105.00 Specific Gravity, Bulk SSD, Coarse(ASTM C 127)......................................................$ 65.00 Specific Gravity(CAL 209)--------------------------------------------------------------------------------------------S 100.00 Specific Gravity, Fine(ASTM C 128)............................................................................S 90.00 Unit Weight(ASTM C 29)----------------------------------------------------------------------------------------------$ 35.00 Asphaltic Concrete Asphalt Core Density....................................................................................................$ 40,00 Complete Asphalt Concrete Mix Design......................................................................... By Quote Extraction, %Asphalt(ASTM D 2172)..........................................................................S 250.00 Gradation on Extracted Sample (CAL 202)..................................................................$ 200.00 Penetration (ASTM D 5)------------------------------------------------------------------------------------------------$ 70.00 Maximum Theoretical Unit Weight(ASTM 2041)..........................................................$ 90.00 Maximum Density: Hveem Density/Stability(CAL 304/366) (Pre-mixed)------------------------------------------------------------------------------------------------$ 300.00 (Lab-mixed)--- .. -. .........................$ 350.00 Marshall (ASTM D 1559) (Pre-mixed)..................... .......................................................................5 175.00 (Lab-mixed)................................................................................................$ 235.00 Stability Tests: Hveem, Lab-mixed (CAL 304)..............................................................................S 295.00 Hveem, Pre-mixed (CAL 304).............--•-.-----.-------------------------------------.$ 175.00 Marshall, Lab-mixed(ASTM D 1559)...................................................................$ 295.00 Marshall, Pre-mixed(ASTM D 1559)...................................................................$ 175.00 Compensation shall be paid monthly, based on submitted invoices showing hours and expenses charged to each task. EXHIBIT "C" INSURANCE Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000) combined single limit coverage per occurrence; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000) per occurrence; 3. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) per occurrence. 4. Professional liability insurance with limits of at least one million dollars ($1,000,000) per claim and in the aggregate with respect to loss arising from the actions of the Consultant performing professional services hereunder on behalf of the City. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers- B. Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B+, Class VII, or better, unless otherwise acceptable to the City- C. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance Coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured" ("as respects a specific contract" or "for any and all work performed with the City" 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 a specific contract" or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See example below. A. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waive of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See example below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. Failure to obtain the required documents prior to the commencement of work shall not waive the contractor's obligation to provide them. Cancellation Example: SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENnE4VOR TO MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN 2k-T FAILUM=�T-n.�=KAA.ILCI InU nl!'1TInC SWAI I IMPOSE Nn QR1 lQATION nD 1 IAQII ITV nC ANV Il IAIII 1111.1 TUC IAIQI IMER, OC��CCCnITATIVCC *The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." Waiver of Subrogation Example: "IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO." D, Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or Self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. E. SeverabilitV of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.