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05167 - SOUTHERN CALIFORNIA SOIL & TESTING INC AIRPORT SPECIAL TESTING/INSPECTION
DOCUMENT TRACKING Page: 1 Report: One Document Detail March 4, 2008 Condition: Document Number a5167, Document# Description Approval Date Expiration Date Closed Date A5167 testing services at airport 09/27/2005 05/01/2007 Company Name: Southern California Soil & Testing Address: 6280 Riverdale Street, San Diego, CA 92120 Contract Amt. Total Paid Balance Group: AIRPORT 5214,776.00 S214,776.00 Service: In File xRef: AIRPORT Ins. Status: Certificate and Policies are OK , Document Tracking ltems Due Completed Track inn Amount Amount r Code Item Description Date Date Date Added Paid under$25k-- CM may auth 09/07/2006 $23,500.00 MO7771 CO 11/02/2005 $11,540.00 CO 1 in Pile 11/16/2005 MO 7844 Amend 1 -not prov by dept 04/05/2006 $99,365.00 i Amend 1 to CA for sig 04/17/2006 Amend 1 distrib to dept in file 05l08/2006 kdh MO 79944 Amend 2 02/07/2007 $80,371.00 4 kdh Amend 2 returned to AI -Amt incorrect 0 2/0 912 0 0 7 a kdh Amend 2 with correct amt recv'd 03/15/2007 kdh Amend 2 to CA for sig 03116l2007 s kdh Amend 2 to CM for sig 03/18/2007 kdh Amend 2 dlstrib to dept 03/19/2007 kdh per Janet B agreement still open 08/24/2007 ` ,� N END OF REPORT � w * * ° O WW \ 3/7 AMENDMENT NO. 2 AGREEMENT NO 5167—SPECIAL TESTING& INSPECTION SERVICES TINS SECOND AMENDMENT to Agreement No. 5167 for contract services, (herein "Amendment") made and entered into on the �� day of YY anki- 2001 , by and between the CITY OF PALM SPRINGS (herein "City") and SOi1TIE-RN CALIFORNIA SOIL & TESTING, INC. (herein "CONTRACTOR") is hereby amended effective (Y1(hYlln. \fib aa�1, as foIIows: i RECITALS The City and Contractor entered into that certain Contract Services Agreement No 5167 for Special Testing & Inspection Services ("Agreement"), as duly amended from time to time. The parties wish to amend the Agreement pursuant to the terms of this Amendment to add additional services to be performed by the Contractor and increase the Contract Sum to authorize payment for such additional services. NOW,THEREFORE,the parties hereto agree as follows: Section I Exhibit"A" Scope of Services, is hereby amended by adding the attachments `A' and `B' defining the work included in this amendment. Attachment `A' is additional services for City Project 2005-10 (Floldroom) and Attachment `B' is the scope of services for City Project 2005-10 (Landscape and Security Wall). Section 2 Compensation: 2.1. Contract Sum — The contract sum is amended to reflect total compensation for initial agreement amount ($23,500), Change Orders and Amendments to date ($110,905) and the additional amounts for Attachment `A' ($20,675), Attachment `B' ($59,696).New contract amount is NTE $214,776.00 Exhibit"C" Schedule of Compensatiou. is amended l y adding the following: ■ Attachment `A' (Passenger Holdroom) shall be a lump sum, not to exceed $20,675. Actual, compensation shall be based on hours worked times the hourly rate (see Exhibit C), but not exceeding the $20,675, Contractor shall submit invoices monthly based on the actual number of hours worked in completion of Work for reimbursement. ■ Attachment `B' (Landscape and Security Wall) shall be a lump sum,not to exceed $59,696. Actual compensation shall be based on hours worked times the hourly rate (sec Exhibit C), but not exceeding the $59,696. Contractor shall submit invoices monthly based on the actual number of hours worked in completion of Work for reimbursement. Section 4 1. Pull Force and Effect. Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. Section 5 Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ih) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iV) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. SIGNATURES ON NEXT PAGE IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the _. date first written above, CITY OF PALM SPRINGS ATTEST: a municipal corporation - - c A - _, •. U, Clerk City Manager APPROVED BY CITY COUNCIL APPROVED AS TO FORM: 9// El �. City Attorney CONTRACTOR: Southern CulTomia Soil&Testing Inc.Check one: Individual PartnershipA'Corpomtian rg3 33` N0 CIoRvS7} c_ ItC- °o $exbC 07 IzAiG a T_Kb t o CA ` a-20i-3%:33 SF�g7;s c �d t Tax-0 Corporations require two noarized signatures: One from each of the fallowing: A. Chairman of l3oarxl, President,or any Vice President AND 3.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). yy yy Signature(notarized) Sigruly a(notarized) Name: IJ'_ �Ft s<� �� I Z Name: • Title: ze' -sIbu-,iq ( Title: i _S .C-1 T tn Address: 6 17C>7L. r[>l�(�i�cZ� _ Address: Pb BoX �001-a-2 / S GC, SAN `"C ? C6 �f (� Similar Cd I!L (M. A' Stateof_ VYI t dfil/1Mw Countyaf_JAN \eFlj ss County of ,, a� ss ' _13 � Q\ NC LNORktd' 04 lrcibm me, D�PX L.NORRLS On�1 n before me, ��11 � personally appeared I4ow Rad k'4 z personally appeared C ifl U�a_'r W�oclanr�l personally knowa to me(or proved to me on the basis ofsabsfactory personally known to me(or pm�te me on the basis ofsntisfnctory evidence)to be the person(s)whose nmi is/are subscribed to the evidence)to be the persons)whose names)is/am subscribed to the within instrument and acknowledged to me that hetshdthcy within instrument and acknowledged to me that he/sha they executed the some in his/hcdthcir nuthorizcd capacity(irs),and that executed the same in his/her/dreir authorized capacitAics),and that by histh"Itheir signature(s)on the instrument the person(s), or the by histher/their signatum(s)on the instrument the person(s),or the entity upon behalf of which the pcnon(s) acted, executed the entity upon behalf of which the person(;) acted, executed the insImmerlL NPFtrumenL WITNESS my hand and official seal- WITNESS my hand and officialseal- Notary /fin n Notay Signature; iU OVLW Notary Signature:,T Q)_k lJ�OULO Notary Seal: """""� Notary Seal; 'NE L NORRIS I� . 61my hIANE L. NORRIS3 p ANE L. NORRIS Conln.LIC-CA IPO r� L� Carom,#15079N4 �n NOTARY PU9LIC-CALIFCftNIA Vy1 ry.,�µ, NOTARY PU6LIC-CALIFORNIASan Diego Counly rrF 5nn Diego county Comm Fxpues Augusl1ri,200E 6 bF? My Comm "Expo,;August 15,200E �-...a.:.-..-.— � ..�' F _ EXHIBIT A (IIOLDROOM) Special Inspection by SCS&T (Includes $79 per hour 140 hours inspection of the following items): reinforcing steel; structural and site concrete placement; reinforced masonry, mortar and grout placement; structural steel, steel joists, metal decking, clad formed metal framing, metal fabrications, and field welding, high-strength bolting; fireproofing; bolts and embeds; and mechanical connectors . Special Inspection by Simon and Wong: Bolts in concrete (Drilled anchors, i.e. Epoxy ad Expansion Anchors) Geotechnical Services $70 per hour 4 hours Compressive Strength of Concrete $21 per cylinder 6 cylinders Compressive Strength of Grout $21 per cylinder 3 cylinders Fireproofing Thickness No charge No charge Fireproofing Tests Density/Cohesion-Adhesion $50 per test 4 tests (by Simon and Wang) Interim Verification of Special Inspection Report $500 1 added Report (for COO) Project Engineer I Project Manager $150 per hour 4 hours Roof Inspection $79 per hour 100 hours Added Costs for Special Inspection and Materials Testing (Holdroom) $20,765.00 EXHIBIT B (LANDSCA.PE AND SECUFJ TX WALL) Special Inspection by SCS&T (Includes $79 per hour 720 hours inspection of the 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 . Special Inspection by Simon and Wong: Bolts in concrete (Drilled anchors, i.e. Epoxy ad Expansion Anchors) Geotechnical Services: $79 per hour 16 hours Compressive Strength of Concrete $21 per cylinder 24 cylinders Compressive Stren th of Mortar $21 per cylinder 24 cylinders Compressive Strength of Grout $21 per cylinder 48 cylindersr Interim Verification of Special Inspection Report $500 1 added Report (for COO) Project Engineer I Project Manager $150 per hour 2 hours Added Costs for Special Inspection and Materials Testing (Landscape & Security Wall) $59,696.00 EXI-EBIT ` A ' Southern California Testing Testing & Inspection Services Agreement A5167, Amend 1 MO 7844 04-05-06 AMENDMENT NO. 1 AGREEMENT NO 5167— SPECIAL TESTING & INSPECTION SERVICES THIS FIRST AMENDMENT to Agreement No.��5,167 for contract�services, (herein "Amendment") made and entered into on the day of 1WYL 200�, by and between the CITY OF PALM SPRINGS (herein"City") and S UTHERN CALIFORNIA SOIL & TESTING, INC. (herein "CONSULTANT") is hereby amended effective [lrl. as follows: e RECITALS The City and Consultant entered into that certain Contract Services Agreement No 5167 for Special Testing &Inspection Services ("Agreement"), as duly amended from time to time. The parties wish to arnend the Agreement pursuant to the terms of this Amendment to add additional services to be performed by the Consultant and increase the Contract Sum to authorize payment for such additional services. NOW, THEREFORE, the parties hereto agree as follows: Section 1 Exhibit"A" Scope of Services, is hereby amended by adding the attachments `A' and `13' defining the additional work included in this amendment. Attachment `A' is additional services for City Project 2005-01 and Attachment `13' is the scope of services for City Project 2005-10. Section 2 Compensation: 2.1. Contract Sum—The contract sum is amended to reflect total compensation for initial agreement amount ($23,500), Change Order 41 ($11,540) and the additional amounts for Attachment `A' ($26,404), Attaclunent `13' ($72,961). New contract amount is NTE $134,405.00 Exhibit "C" Schedule of Compensation, is amended by addine the following: u Attachment `A' (Security Checkpoint) shall be a lurnp sum, not to exceed $26,404. Actual compensation shall be based on hours worked times the hourly rate (see Exhibit C),but not exceeding the $26,404. Consultant shall submit invoices monthly based on the actual number of hours worked in completion of Work for reimbursement. o Attachment `13' (Passenger Holdroom) shall be a lump sum, not to exceed $72,961. Actual compensation shall be based on hours worked times the hourly I)VdG l4l�ML IJJD rate (see Exhibit C),but not exceeding the $72,961. Consultant shall submit invoices monthly based on the actual number of hours worked in completion of Work for reimbursement. Section 3 Exhibit"ID" Schedule of Performance, is amended by adding the following: 1. Work performed for Exhibit `A' will be conducted NLT 1 March 2006. 2. Work performed for Exhibit `13' will be conducted between the months 1 May 2006 and 1 May 2007. Progress payments shall be made as invoiced by the Consultant and shall be based on the actual work completed for services provided during the billing cycle. Section 4 1. Full Force and Effect. Except as previously modified herein, all other provisions of the Agreement shall remain unmodified in full force and effect. Section 5 Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. SIGNATURES ON NEXT PAGE IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: _ a municipal corporation Clerk City Manager APPROVED BY CITY COUNCIL / APPROVED T FORM: Mn -ttIti , , .O. to dL� jI By. TI, City Attom y CONSULTANT: Southern California Soil&Testing Inc.Check one:_Individual_Partnership)(Corporation 83740 Citris Avenue,Suite G Indio,CA 92201 Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President.AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Of6cei). By:� _ �.� _a By: �a, r:' �o Signature(notarize ) Signature(notar ed) iName. �' - L�� >�,'P 6 Name: �4..¢e�'- �..+"•� Title: tl��ll✓`�1,&°'-'Cti.�4.Q Title: C�.G,w- �:nae-C.w1. ��-�:eGr Address: Address: state of 0AI-IrOkWIX Staleof 0y41-IFO"14 County ofSA„(2)/f(I0 ss Comity of ✓A,Y&-e o ss �/� a.(� �/ � On/� fbe>?o�OU�OINAL//f RV/purA2ylUiLJ(r On�/cif/LTiz�beforeme,////rJA��1I�I>>.{nn{6j(,: IQ�GKo�i1'eyJUl�i1(C 4 personally appeared f/(10A"W kATZ personally appeared lA"ILNe/ &Jld6i personally lamwn to me( y personally known to me Trideirce)to be the peisonN whose nameN is/zinc Subscribed to the eafdernm)to be the personN)whose nameN ishrre subscribe I to the within instrument and acknowledged to me that he/she/Rtey within instrument and acknowledged to me that ire/ /tHey executed the same in liis/iierkkcw authorized capaclty(iea),and that executed the same in h;IW9 eir ainhorized capacity(`lec),and that by 1ns+L++heu signatuietN) on the instrument the personN, of the by Pas/W/then signatureN)on the instrument the person(,or the entity upon behalf of which the person(s) acted, executed the entity upon behalf of which the person(N acted, executed the nrshLIDCnt instumcm. WITNESS my hand and official se WITNESS my hand and offici s 1 Notary Signature Notary Signature: Notary Seal: Notary Seal: 6 TiNA MAR1E A.C.BARE T'A MA"' A.C.BARCLAY COMM.#1412101 COMA#1412101 PCOMM. NOTARYPUBUC-eN1FORNIA�t d SOARYPU PUBLIC COUNTY n aSACRAMENTO COUNTY G) EXP.MAY 1d,2oO7A '�� COMM.EXP.MAY 16,2�W7� ATTACHMENT `A' SECURITY CHECKPOINT Special Inspection by SCS&T (Includes $75 per hour 270 hours inspection of the 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 . Special Inspection by Simon and Wong: Bolts in concrete (Drilled anchors, i.e. Epoxy ad Expansion Anchors) Geotechnical Services $75 per hour 20 hours Compressive Strength of Concrete $21 per cylinder 10 cylinders Compressive Strength of Grout $21 per cylinder 20 cylinders Interim Verification of Special Inspection Report $512 2 added Report (for COO) Project Engineer/ Project Manager $150 per hour 20 hours Added Costs for Special Inspection and Materials Testing (Security Checkpoint) $26,404.00 ATTACHMENT `B' PASSENGER HOLDROOM Materials Engineering Special Inspection $75 per hour 270 hours Services (Includes inspection of the 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. Materials Engineering professional Staff services includes: Project management— $150 per hour 12 hours Principle Engineer Client meetings $75 per hour 4 hours Materials Engineering plan review and reports includes: Concrete mix design $1150 per review 3 reviews Final report $500 per report 1 report Materials Engineering Laboratory testing includes: Tension proof load on anchors and dowels $75 per test 8 tests Base plate grout compression tests $21 per test 6 tests Concrete cylinder compression tests $21 per test 27 tests Grout prism compression tests $21 per test 12 tests Mortar cylinder compression tests $21 per test 12 tests Masonry prism compression tests $124 per test 6 tests Fireproofing density/cohesion tests $50 per test 12 tests Bolt assembly— hardness test $25 per test 8 tests Bolt assembly—tensile test $25 per test 8 tests Geotechnical Field Technician Services $75 per hour 48 hours includes inspection and testing of grading, utility trench, and subgrade/base. Geotechnical Professional Staff includes: Site observation $92 per hour 2 hours Grading observation $92 per hour 2 hours Footing observation $92 per hour 2 hours Project management $150 per hour 4 hours Pre-clrade meeting $150 per meeting 1 Meeting Geotechnical plan review and reports includes: Plan review grading and foundations $450 1 report Grading report $1,000 1 report Site improvement report $500 1 report Final letter- Geotechnical $150 1 letter Geotechnical Laboratory Testing includes: Maximum density test (Method A) $158 1 test Maximum density test (Method C) $175 1 test Resistance value $230 2 tests Added Costs for Special Inspection and Materials Testing (Passenger Holdroom) $72,961.00 DATE AG'©R'D,N CERTIFICATE . ,.F LIABILIT`�P� INSURANC- _.page I of 3 12/06/2005 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 305191 Nashville, IN 3 72 3 0-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Southern California Soil & Testing, Inc- INSURERA: Transportation Insurance Company 20494-001 P. O. Box 600627 San Diego, CA 92160 INSURERS Crum and Forster Insurance Company 42471-001 INSURER C INSURER D: INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR NSR DD' POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR TYPEOFINSURANCE POLICYNUMBER AT M DDM/ ATE M 0 A X GENERAL LIABILITY 2088066337 12/1/2005 12/1/2006 EACH OCCURRENCE $ 1 000 000 $ COMMERCIAL GENERAL LIABILITI PREMISESOEa occusence $ 300,000 CLAIMS MADE [i] OCCUR MED EXP(Any one person) $ 5 000 PERSONAL&ADV INJURY $ 11000,000 GENERALAGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X I POLICY F PRO LOC A X AUTOMOBILE LIABILITY 2088066337 12/1/2005 12/l/2006 COMBINED SINGLE LIMIT $ 11000,000 X ANY AUTO (Eaaccldent) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Perperson) X HIREDAUTOS BODILYINJURY X NON-OWNEDAUTOS (Per accident) $ PROPERTYDAMAGE S (Peraccident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACHOCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ S B WORKERS COMPENSATION AND 4086907065 12/1/2005 12/I/2006 X oRYLMIUTs 6R EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L EACHACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ 1 000 000 If yes,describe under SPECIAL PROVISIONS below EL.DISEASE-POLICY LIMIT I$ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: All Operation Primary/Non-Contributory wording provided when required by written contract. Blanket Additional Insured coverage provided when. required by written contract. Additional. Insured status on Automobile is included in the Auto coveracre form. CERTIFICATE:HOLDER CANCELLATION Except 10 nays Nan Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL X%X1MXXX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFMMXXIKLSKYfYMtYA0}G}SYt.L xoKa�1€xluwxatawtK,x�sxxlxmx�xi€asx�cwxx�aXKlxx���tKxar�Ix�arlK City of Palm Springs xx11�KdCd[x�EXX 3400 19 Tahquit5 Canyon Way A H ZEDREP NTATIVE Palm Springs, CA 92262 ACORD 25(2001/08) Co11:1478825 Tpl:438519 Cert:6532722 0 ACORD CORPORATION 1988 DATE WIHIS ' CERTIFICATE F LIABILITY INSURANG. _Page 2 of 3 12/06/2005 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Southern California Soil & Testing, Inc. INSURERA. Transportation Insurance Company 20494-001 P. O. Box 6OD627 San Diego, CA 92160 INSURERS Crum and Forster Insurance Company 42471-001 NSURER C: INSURER D: INSURER E' DESCRIPTION OF OPERATIONS/LOCATIONMEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Blanket Waiver of Subrogation provided when certh.older and insured agree in writing to waive rights to recover against one another. It is hereby agreed that City of Palm Springs Coll:1478825 Tpl:438519 Cert:6532722 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Co11:1478825 Tp1:438519 Cert:6532722 CNA G-(Ed,1 Gq9 (Ea,laoi) IMPORTANT;THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH CA.OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO,THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE"BODILY INJURY"OR"PROPERTY DAMAGE"ARISING OUT OF THE "PRODUCTS-COMPLETED OPERATIONS HAZARD:' SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY, CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS-•COMPLETED OPERATIONS COVERAGE This endorsement modifies Insurance provided under the folluVing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: AS REQ111M BY WRITTEN CONTRACT ALL OPERMONS OR WRMEN AGREMENT WITH THE INSURED City of Palm Springs' i.s'.1ncluded .as Additional Insured under the General Liability policy as respects work performed by the Named Insured. (Coverage under this entlorsement fs not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED(section II)Is amended to written contract or written agreement or In the Include as an insured any person or organization, Declarations of this parley, whichever IS less, including any person or arganaation shown in the These Limits of Insurance are Inclusive of,and schedule above, (called addRlonar Insured)whom not in addition to,the Limits of lnsumnbe shown you are required to add as an additional Insured an In the onlaatons. this policy under a written contract or written 3. The coverage provided to the additional Insured agre'oment; but the written contract or written by this entlorsement and paragraph f. of the agreement must be: definition of 'Insured,. contract" under 1. Currently In effect or becoming effective during DEFINITIONS (Section V) do not apply to the term or this policy;and "bodily Injury'or'propedy damage"arising out or the"products-completed operations hazard" 2. Executed prior to the"bodily Injury,""property unless required by thawrillen'conbactorwUNen damage,"or-personal and advertising injury.' agreement. When coverage does apply to B. The Insurance provided to the eddlllonal insured is "bodily injury"or'property damage'.arsing out limited as follows: or the'products-completed operatlans hazard' 1. That person or organization is an additional such coverage will not apply beyond: insured solely for Ilabillty due to your negligence a. The period of time required by the wrtimn and specifically resulting from"your wore for convect or Willem agreement;or the additional insured which is the subject of the b. 5 years from the completion of"your work" wdteh contract or written agreement, No on the project which Is the subject of the coverage applies to liability resulting from the written contractorwrHlen agreement, sole negligence of the additional insured. 2. The Limits of Insurance applicable to Mu whichever Is less. additional Insured are [hose speolfed in the 4• 'the insurance provided to the additional insured does not apply to "bodily Injury,' "property 6-17957-G99 Page 1 of (Ed.10/tit) G-17957-G99 (Ed.vV01) damage," or "personal and advertising injury' 4. Other Insurance arising out of an architect's, engineers, or b. Excess Insurance surveyors rendering of or failure to render any professional services including: This Insurance is excess over any other a. The preparing, approving, or failing to insurance naming the additional insured prepare or approve maps, shop drawings, as an insured whether primary,excess, opinions, reports, surveys, field orders, contingent or on any other basis unless change orders or drawings and a written contact or written agreement specifications;and specifically requires that this insurance be either primary of primary and b. Supervisory, or inspection activities noncontributing to the additional performed as part of any related insured's own coverage.This insurance architectural or engineering activities. is excess over any Other insurance to C. As respects the coverage provided under this which the additional insured has been endorsement, SECTION IV — COMMERCIAL added as an additional insured by GENERAL LIABILITY CONDITIONS are amended endorsement as follows: When this insurance is excess,we will 1. The fallowing Is added to the Duties In The have no duly under Coverages A or B Event of Occurrence, Offense, Claim or Suit to defend the additional insured against Condition: any"suir if any other insurer has a duty to defend the additional insured against e. An additional insured under this that"suit" If no other insurer defends, endorserrlam will as soon as practicable: we will undertake to do so, but we will (1) Give written notice of an occurrence or be entitled to the additional insured's an offense to us which may result in a rights against all those other insurers. claim or'sult`under this insurance; When this insurance is excess over (2) Tender the defense and indemnity of other insurance, we will pay only our share of the amount of the less,it any, any claim or"suit to us for a loss we that exceeds the sum of cover under this Coverage Part (3) Tender the defense and indemnity of (1) The total amount that all such other any claim or"suit"to any other insurer insurance would pay for the loss in which also has insurance for a loss we the absence of this Insurance;and cover under this Coverage Part;and (2) The total of all deductible and self- (4) Agree to make available any other insured amounts under all that insurance which the additional insured other insurance. has for a toss em cover under this We will share the remaining loss,Ferry, Coverage Part. with any other insurance that a not f. We have no duty to defend or indemnify an described to this Excess Insurance additional insured under ,his endorsement provision and was not bought specifically to apply in excess of the until we receive written notice of a claim or Llmirs of insurance shown in the "suit"from the additional insured. Declarations of this Coverage Part. 2. Paragraph 4.b.of the Other Insurance Condition is deleted and replaced with the following. G-17957-G99 Page 2 of 2 (Ed.10101) POLICY NUMBER: 208806633, COMMERCIAL GEh"1AL LIABILITY INSURED: Southern California Soil &Testing, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Persons or Organization: ,Any Person or Organization with whom you agree in writing to waive your right to recover against them. You must agree to this waiver prior to the date of loss. (If no entry appears above, information required to complete this endorsement will be >hown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 AC(al-Dn CERTIFICA i c OF LIABILITY INSURAmCE 01/227/06 PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cavignac & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 B Street, Suite 1800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego, CA 92101-8005 INSURERS AFFORDING COVERAGE Seffrey J. Steen INSURED INSURER A:James River Insurance Com anV Southern California Soil & Teating, Inc. INSURER B: 6280 Riverdale Street INSURER C: San Diego, CA 92120 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM1QDPCQ POLICYEFFECTIVE POUCYEXPIRAMON LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE ❑OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP ASS $ POLICY PRO LOC IJPCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE § (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY. ASS $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ § WORKERS COMPENSATION AND WRYI IMIT OFTEH- S EMPLOYERS'LIABILITY EL EACH ACCIDENT $ EL DISEASE-EA EMPLOYE § E.L DISEASE-POLICY LIMIT $ OTHER A Professional Liability 000028772 01/30/06 01/30/07 Each Claim $1,000,000 Aggregate $2,000,000 $ DESCRIPTION OF OPERATIONS/LOCADONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTSPECIAL PROVISIONS Professional Liability - Claims made form, aggregate limit policy. Defense coats included within limit of liability. 10 days NOC Eor non-payment of premium. Re: All Operations CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL 3400 E Tahqui.tZ Canyon Way IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 92262 USA d'7�/AUTHORIZED REPRESENTATIVE ,JL, ', 4—sau— ACORD 25-S(7/97) Katherine p ACORD CORPORATION 1988 3927446 Cavignac & Associates 450 H Street, Suite 1800 San Diego, CA 92101-8005 USA City of Palm Springs 3400 8 Tahquitz Canyon Way Palm Springs, CA 92262 USA If you have questions regarding the content of this document, please contact the Insured listed on the certificate or Cavignac G Associates. CC: The data included in this notice and in the attached document is confidential to ConfirmNet and the party responsible for bringing you this information. Powered ByCertificafesNOWN Best's Rating Center- Company Information for Crum and Forster Insurance Company Page I of 2 Bests it V RatATIMATer Rating_�Center View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: select one Industry Research ER Print this pa U!�_ingsDeflnft�ioris � Crum and Forster Insurance Company Search 8 Ratings (a member of Fairfax rinanck Grow (view securities or related issuers) Assigned to companies that F-Financial Sn_qM_ _ _al(!JSA� p) s L A.M.Best#:01886 NAIC#:42471 FEIN#: 222464174 have,in our opin1O an PYeSS Release; n� i excellent ability to ..tiheir Address:305 Madison Avenue Phone:973-490-6600 ongoing obligations to Related Products Morristown, NJ 07962 Fax:973-490-6612 policyholders. A-Excellent Industry=11Re Regional Web:www.afins.com Country Risk Best's Ratings [Flow to Get Re Led Canted en AnEilyst Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating: A-(Excellent) Long-Term:a- Affiliation Code:p(Pooled) Outlook: Stable Financial Size Category:Xill($1.25 billion to$1.5 billion) Action:Affirmed • Outlook: Stable Date:April 03,2006 Action:Affirmed Effective Date:April 03,2006 Denotes Under Review Besrs Ratings Reports and News Visit our News Room for the latest news and Dress releases for this company and its A.M. Best Group. .Un'derstainjing "Best's Ratings Best's Company Report-includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Business Value a Report Revision Date:04/03/2006 (represents the latest significant change). 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New Search J Itransportation insurance View results starting with: A 13 C D E _F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings . 4 Outlook/ Outlook/ 4 AMB# Company Name w Rating Implication Long-Term Y Implication Short-Term Domicile 02131 Transportation Insurance Company A Negative a Negative US: Illinois (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0411412006 04:20 PM ES.T. $Financial Strength Ratings(FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M. Best Company,Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick, New Jersey,08858, U.S.A. Page 1 of 2 Kathie Hart From: Troy Butzlaff Sent: April 14, 2006 6:04 PM To: Kathie Hart Subject: RE: Southern CA Soil &Testing -Agreement No.A5167 Kathie: I will accept their A- rating for Worker's Compensation insurance. Troy Troy L. Butzlaff Assistant City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Tel: (760) 322-8336 P.O. Box 2743 Fax: (760) 323-8207 Palm Springs, CA 92263-2743 TDD: (760) 864-9527 www.ci.palm-springs.ca.us TroyBt?a ci.oalm-sorinas.ca.us From: Kathie Hart Sent: Friday, April 14, 2006 4:28 PM To: Troy Butzlaff Cc: Jay Thompson Subject: Southern CA Soil &Testing - Agreement No. A5167 It has been noted the above subject has workers comp with Crum and Forster Insurance Company with a rating of A-.. The agreement is for a total of$134,405 for materials testing at the airport. Please advise if this will be acceptable and I should proceed with the processing of the agreement. kAvut 9' Kathie Ra&, CMC Chief Deputy City Clerk City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 02262 KathieH(Oci. alm-springs,ca.us Office (760) 323-8206 Fax (760) 322-8332 04/17/06 So. California Soil & Testing CITY OF PALM SPRINGS Airport Special Testing & Wsp Co 1 SPECIAL TESTING& INSPECTION SERVICES AGREEMIENT #5167 MO 7771 , 11-2-05 CHANGE ORDER - -- - -- To: Southern California Soil &Testing Inc. Date: 19 October 2005 83740 Citrus Avenue, Suite G Project No. CP05-01 Indio, CA 92201-3438 Project Name: Expansion/Holdroom-Security Checkpoint Phase III (Part 2) - Special Testing & Inspection Change Order No. 1 Contract Purchase No.A-5167 Attn: Gordon T.M. Woodard, R.C.E.Vice President Account No. E�escrlption of Change: This change order confirms the additional Testing and Inspection work needed to support the construction of the terminal expansion/checkpoint as described in the scope of work from the agreement. Testing and inspection services will include, but not be limited to, soils compaction and density tests, structural concrete, site concrete, mortar, masonry, grout, structural steel, steel joists, metal decking, cold Formed metal framing, metal fabrications, reinforcing steel, welding, fireproofing, roofing, bolts and imbeds, and mechanical connectors. Inspections will occur on and off site. (See attachment 'Exhibit A' for details): AUTHORIZATION FOR CHANGE: i summary of CostMme 'I Original Contract Price $23,500.00 Total of all Previous Change Orders $00,000.00 Total of this Change Order $ 11,540.00 Total Contract Price $ 35,040.00 i This Change Order(increases)(decreases)(unchanged)the contract time by 0-working days. I have received a copy of this Change Order Constructio M $per: �- ' and the above AGREED PRICES are acceptable Approval: ✓ ;. )O- e: b 71 b5 to the contractor. arsons Aviation Departm nt Approval: 13 ,�,,.:9.. _..--� -✓'==� �4 YSu y�-A - 6 Date: yF ., Reviewed By: Assistant Aviation Di,eeor- I as &Plann y Title: f,H, �® ~ Approved by: If,- - Date: �'D Date: Xre , JaAc Aviation Director City Approval: c J ' J yf J ity Clerk ——T - Date: d CA City Manager Distribution: Original Conformed Copies Conformed-File Copy City Clerk (1) Aviation Director (1) Contractor (1) Procurement&Contracting (1) Finance (1) Attachment 1 (Cost Breakout) Parsons (1) 0MGN'I L DID APPROVED DYMYCOUNCIL /aj /0 ' AGREa 4E�4�?� to 11VV 1 �r ��i51b EXHIBIT A Special Inspection by SCS&T (Includes $75 per hour 108 hours inspection of the 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 . Special Inspection by Simon and Wong: Bolts in concrete (Drilled anchors, i.e. Epoxy ad Expansion Anchors) Geotechnical Services $75 per hour 20 hours Compressive Strength of Concrete $21 per cylinder 20 cylinders Compressive Strength of Grout $21 per cylinder 20 cylinders Interim Verification of Special Inspection Report $500 1 added Report (for GOO) Project Engineer/ Project Manager $150 per hour 4 hours Addled Costs for Special Inspection and Materials Testing $11,540.00 CONTRACT ABSTRACT Contract Company Name: Southern California Soil & Testing Company Contact: Gordon Woodard Summary of Services: Testing & Inspection - Change Order#1 i Contract Price: 11,540.00 i i Funding Source: 415-6600-56062 (AIP 37) Contract Term: No change Contract Administration Lead Department: Aviation Contract Administrator: Steve Zehr Contract Approvals Council/ Community Redevelopment Agency Approval Date: 11/2/05 Minute Order/ Resolution Number: M07771 Agreement No: A5167 Contract Compliance Exhibits: Yes Signatures: Yes Insurance: Yes Bonds: N/A Contract prepared by: Steve Zehr Submitted on: 11/7/05 By: Janet Buck MEMORANDUM TO: Janet Buck Aviation FROM: Kathie Hart, CMC Chief Deputy City Clerk DATE: November 18, 2005 SUBJECT: Southern California Soil & Testing A5167 — CO 1 cc: File Attached are two (2) duplicate originals of the above referenced agreement. We have retained the original our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach. i So California Soil & Testing Inc. Airport Special Testing & Inspection AGREEMENT #A5167 CM 9-27-05 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT l for Special Testing and Inspection Services for Palm Springs International Airport I Expand Terminal/Holdroom-add Checkpoint Phase III (PART 2) City Project No. 2005-10 THIS ONTRACT ERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of Jguly� , by and between the CITY OF PALM SPRINGS, a municipal " corporation, herein"City")and Southern California Soil&Testing Inc. (herein"Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor 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. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments,taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, ONICIE'IAL SID AND/OIL AGREEFl;I"I T I I (b) has carefully considered how the services should be performed, and (c) fully understands the facilities,difficulties and restrictions attending performance of the services underthis Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder,Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work,and the equipment,materials, papers, documents, plans,studies and/or other components thereof to prevent losses or damages,and shall be responsible for all such damages, to persons or property, until acceptance of the work by 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. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in(i)the Contract Sum,and/or(ii)the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000;whichever is less, or in the time to perform of up to one hundred eighty(180)days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to The provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements"attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of twenty three thousand five hundred Dollars, ($23,500.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the :services, (iii) payment for time and materials based upon the Contractor's rates as specified in the i i I Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1 st)working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this ,Agreement. 3.2 Schedule of Performance. Contractor 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" attached hereto as Exhibit"D", if .any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Maieure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to,acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this :iection. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 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 of Performance (Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. 'The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: I I E Gordon Woodard Southern California Soil & Testing 83-740 Citrus Avenue, Suite G Indio, CA 92201 (760) 775-5983 (760) 775-8362 (fax) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter Into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. 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 approval 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 Contractor,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 the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available,to persons or entities with offices located in the Coachella Valley("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors,if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local :Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection,discharge, supervision or control of Contractor's employees, servants, representatives or i . I i agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor 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. Contractor 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. City shall not in anyway or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain,at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverage's for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned leased and hired cars. (d)Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit B. All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled,the Contractor shall,priorto the cancellation date,submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance,endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the i I subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions,suits, claims, damages to persons or property, losses,costs, penalties, obligations,errors, omissions or liabilities, (herein"claims or liabilities')that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of thework,operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay anyjudgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers,agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall.deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A"or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. 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 Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten(10) days of receipt of notice from the City Manager. it 'I 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor 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. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to 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 times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. ;Such records shall be maintained for a period of three(3)years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor,its employees,subcontractors and agents 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 Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health safetyand general welfare such immediate action may be necessary. Compliance with the 9 Y ry p provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor,or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due,without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 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. 7.6 Legal Action. In addition to any other rights or remedies, either party may hake 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. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement,the Contractor and its sureties shall be liable for and shall pay to the City the sum of_(Waived in Exhibit "B")_($__J as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance(Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty(30)days'written notice to Contractor,except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination,Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. i i I 1 I II Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section,the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages),and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action,taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 81 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, 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 Contractor or to its :successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, director 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 is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant AaainstDiscrimination. Contractor covenants that,by and for itself, its heirs, executors, assigns, and all persons claiming under or through them,that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion,sex, marital status, national origin,or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color,creed,religion,sex,marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, 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 prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer,CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either parry may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72) hours from the time of mailing If mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 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 a 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 are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party 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 said party is bound. SIGNATURES ON NEXT PAGE i . I IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation E3 : — erk City Manager APPROVED BY CITY MAN IkER APPROVED A FORM: � r By'-- -- (�= — - --------- City Attorne CONTRACTOR: Southern California Soil&Testing Inc. Check one:__Individual—Partnership—Corporation 83-740 Citrus Avenue, Suite G Indio, California 92201 Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,orany Vice President: AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). EBy:------ ----------�'--��-=--- By'------------------r---- Signature(notarized) Signature(notarized) Name: ?fly°hk�'/---6�-"00I,&MJ)-------- Name:_ Wo,,aAl2_0 J11 Z � _ Title- dress: Title, 6411 ' �1 ---------------------- --�L$�111�.:L'( -_�=1---�%J.F�..=`—�---- (�.�` �`�l—tom r FLU _� t1L'-.._�f�° Address:_a7�° G G/ KL .ec�cL�l{' S f „ --- Ftd _ a State of_t�°✓°�`4N State of County of `9 ___ County of---SA ______ss On F"���' Qfens me, ©i•�+Mf'B1G9171f _--_-- OnZ+�7'O� before /' -- —1——I,-- personally appeared __ (j'i doe wovr (voc/ personally appeared __ �'t`/�am_ MBA o'G�___ _ personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. persons)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. j Notary Signature:___— 1 a � Notary Signature:_ — Notary Seal: Notary Seal: EXHIBIT "A" PDIANE L. NORRIS SCOPE OF SERVICES Camm.#1567804 rp DIANE L. NORRIS 1n NOTARY PUBLIC-CALIFORNIA N' r�r�� N• - NOT RY PI18L#IC�ALIBFORNIA Ut San Oiego County vl My Comm.Expires Augusl16,2008"r �� San Olega County My Comm.Ezpire��s Augusl�G,2�B8 I I Contractor shall provide special testing and inspection services to the City of Palm Springs for the Palm Springs International Airport Expand Term inal/Holdroom-add Checkpoint Phase 3(PART 2), City Project No. 2005-10. The address of the jobsite is: 3400 East Tahquitz Canyon Way, Palm Springs CA 92262. The Contractor will provide all special testing and inspection services as required by the plans and specifications prepared for this project by Gensler Architects (dated March 7, 2005, as amended) and as otherwise directed by the Project Engineer of the construction management firm employed by the City to manage this project (Parsons Transportation Group, Inc.). All services provided by Contractor pursuant to this Agreement must be coordinated with the Project Engineer or his designee. 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, asphaltic concrete pavement, structural steel, steel joists, metal decking, cold formed metal framing, metal iG'Drications, 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 Contractor will have its inspector(s) report to the on-site office of the Project Engineer and log in. Immediately 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 copies) indicating the type and quantities of the testing performed, any test results, and observations to the Project Engineer. Daily reports are due no later than ten (10) days after testing has occurred. contractor shall immediately report any defective work to the Project Engineer. Such notice shall be delivered as soon as it is identified, by the quickest means available (either by phone or in (person). Contractor shall follow up such notification with a written report of the failure or deficiency. EXHIBIT "B" SPECIAL REQUIREMENTS Section 5.3 The requirement of Section 5.3 for a performance bond is hereby waived. Section 7.7 Liquidated Damages will not apply to this agreement. I I - I EXHIBIT "C" SCHEDULE OF COMPENSATION Total compensation shall not exceed $23,500. Compensation for services rendered shall be in accordance with hourly and pertest rates identified below. Minimum hours, vehicle expense, travel time and travel expense are specifically excluded From compensation to be paid to Contractor under this agreement. Special Inspection by SCS&T (Includes inspection of the $75 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 . Special Inspection by Simon and Wong: Bolts in concrete (Drilled anchors, i.e. Epoxy ad Expansion Anchors Geotechnical Services: $75 per hour Off-site Inspection: $75 per hour On-site 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 (by Simon $50 per test and Wong) Fireproofing Thickness No charge Ultrasonic Contact Examination $100 per connection Tensile and Hardness Testing of H.S. Bolts $50 per sample Off-site Testing NA Reports Final Verification of Special Inspection Report $500 Miscellaneous Test Result Reports No Charge Reimbursable Expenses to Owner None _Additional Costs to Owner Project Engineer/ Project Manager $150 per hour Total Costs for Special Inspection and Materials Testing See Budget Estimate on Next Page All on-site tests are included in the hourly rates for labor. i EXHIBIT "C" SCHEDULE OF COMPENSATION For overtime work, the Contractor will be compensated at the hourly rates listed above. Overtime will apply to work performed by an individual inspector in excess of 8 hours per day;work performed on weekends and worked performed on City holidays. City holidays are identified as: New Year's Day; Martin Luther King Jr. Day; Lincoln's Birthday; Washington's Birthday; Memorial Day; Independence Day; Labor Day;Thanksgiving Day,the day after Thanksgiving; Christmas Eve; and Christmas. Invoices for all on-site services performed shall be prepared in detail sufficient to reconcile them .against the Projecl Engineer's on-site log. i i I EXHIBIT"D" SCHEDULE OF PERFORMANCE I I ie required scope of services shall be completed throughout the project schedule of 12 months commencing from date of signature on agreement by the contractor. �,,";ractor's testing personnel shall be available on 24-hour notice from the Project Engineer or his designee. E ! Farm Il■-13 Request for Taxpayer Give form to the .t (Rev..ian,ary 2003) requester.Do not i nepanmentoftheTreawry idefitification Number and Certification send to the IRS. { Internal Raw nue Service c Name Southern California Soil & Testing, Inc. 8 Business name,d different from above Individual/ Exempt from backup g• Check appropriate box: ❑ Sole proprietor ® Cwpwatlen ❑ Partnership ❑ Other ► ----------------- ❑ wkhholtling Address(number, street,and apt.or suite no.) Requester's name and address(optionap �y Post Office Box 600627 City, state.and 21P code San Diego, CA 92160 List account numbers)here(optiooall " Taxpayer Identification Number I Enter your TIN in the appropriate lox. For Individuals,this is your social security number(SSN), sex:lal security numb[ However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions can page 3. For other entities, it is your employer identification number(EIN). If you do not have a number, see How to get a TIN on page 3, or Note: If the account is in rncre than one name, see the chair on page 4 for guidelines on whose number FE^pl"w Identificatio nu n1w to enter. 9 15�2 1214 IO 1713 13 Certification Under penalties of perjtxy, 1 certify that: 1, the number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding. or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a resolt of a fature to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S, person(Including a U.S.resident alien). Certification instructions.You must cross otx item 2 above if you have been notified by the IRS that you are currently subject to backup Far h�icauresyou h ve failed t re oft all Interest and of secured on y�tax return. For real estate transactions,item 2 does not apply. For m rnerx BRN,and general property,cancellation of debt,contributions to an individual retirement ly payments other than interest and dividends,you are riot required to sign the Certfficatlon,but you must provide your correct TIN.(See the instructions on page 4.) Sityn slgntebre elf Data 1► iPurpose of Form Nonresident alien who becomes a resident alien Generally,only a nonresident alien individual may use the A person who is required to file an information return with terms of a tax treaty to reduce or eliminate U.S. tax on the IRS, must obtain your correct taxpayer identification certain types of Income. However, most tax treaties contain a number(TIN)to report, for example, income paid to you, real provision known as a "saving clause." Exceptions specified estate transactions, mortgage Interest you paid, acquisition in the saving clause may permit an exemption from tax to or abandonment of secured property, cancellation of debt, or continue for certain types of income even after the recipient contributions you made to an IRA. has otherwise become a U.S. resident alien for tax purposes. U.S. person. Use Form W-9 only if you are a U.S. person If you are a U.S. resident alien who is relying on an (including a resident alien),to provide your correct TIN to the exception contained in the saving clause of a tax treaty to person requesting it(the requester) and, when applicable, to: claim an exemption from U.S, tax on certain types of income, 1. Certify that the TIN you are giving is correct(or you are you must attach a statement that specifies the following five wailing for a number to be issued), items: 2. Certify that you are not subject to backup withholding, 1. The treaty country. Generally, this must be the same dr treaty under which you claimed exemption from tax as a 3. Claim exemption from backup withholding if you are a nonresident alien. U.S. exempt payee, 2. The treaty article addressing the income. Note: If a requester gives you a form other than Form W-9 3. The article number (or location) in the tax treaty that to request your TIN,you must use the requester's form if it is contains the saving clause and its exceptions. substantially similar to this Form W-9. 4. The type and amount of income that qualifies for the Foreign person if you are a foreign person, use the exemption from tax. appropriate Form W-8 (see Pub. 515, Withholding of Tax on S. Suuficient facts to justify the exemption from tax under Nonresident Aliens and Foreign Entities). the terms of the treaty article. Cat. No. 10231x Fwm 'll-3 (Rev 1-2003) (1F QALm Se x" 4 V � ' M E M O R A N D U M nNh4K,4 TO: Steve Zehr Assist. Director of Aviation FROM: Kathie Hart, CMC Chief Deputy City Clerk DATE: September 30, 2005 ' SUBJECT: Southern California Soil & Testing A5167 cc: File Attached are three duplicate originals of the above referenced agreement. I have retained the original for our files. Please feel free to contact me if there are any questions and/or if additional information is necessary, ext. 8206. /kdh attach. i i CONTRACT ABSTRACT I Contract Company Name: Southern California Soil & Testing Company Contact: Gordon Woodard Summary of Services: Testing & Inspection Contract Price: NTE $23,500.00 Funding Source: 415-6600-56062 (AIP 37) Contract Term: 1 Year Contract Administration Lead Department: Aviation Contract Administrator: Steve Zehr Contract Approvals Council/ Community Redevelopment Agency Approval Date: Not required. Minute Order/ Resolution Number: �.a'�•v� Agreement No: e�U Contract Compliance Exhibits: Yes Signatures: Yes Insurance: Yes Bonds: N/A Contract prepared by: Steve Zehr Submitted on: 9/19/05 By: Janet Buck ACOIRD,� CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 07/14/2005 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Southern California Soil & Testing, Inc. INSURERA: Bartford Fire Insurance Company 19662-001 P. O. Box 600627 INSURERS American States Insurance Company 19704-001 San Diego, CA 92160 INSURER Clarendon National Insurance Company 20532-000 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AD N R TYPE OFINSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LTR DATE MMIDD/Y DATE(MMIUD/YY LIMITS A X GENERALLIABILITY 72CESCA2919 12/1/2004 12/l/2005 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY PREMISESOEaaccurence S 300,000 CLAIMS MADE 1XI OCCUR MEO EXP(Any one person) $ 10,000 X Ned Pay Aaq $100,000 PERSONAL&ADV INJURY S 1,000,000 GENERALAGGREGATE $ 2 000,000 BE AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY JECOT LOC H AUTOMOBILE LIABILITY 01CG28859030 12/l/2004 12/l/2005 COMBINED SINGLE LIMIT X ANY AUTO (Eaaccidanl) $ 1,000,000 ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per nardent) PROPERTY DAMAGE $ (Per amdenO GARAGELIABII.ITY AUTO ONLY-EA ACCIDENT $ ANVAUTO OTHERTHAN EA ACC S AUTOONLV. AGG $ EXCESSLIABILITV EACHOCCURRENCE $ OCCUR CLAIMSMADE AGGREGATE S DEDUCTIBLE $ RETENTION $ $ L+ WORKERS COMPENSATION AND 01KR0030808 12/31/2004 12/31/2005 X TOFVLAMITS OER EMPLOYERS'LIABILITY ANY PROPRIETORTARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000.00 OFFICER/MEMBER EXCLUDED E.L.DISEASE-EA EMPLOYEE $ 11000,000 SyE describe under SPECIAL PROVISIONS below EL.DISEASE-POLICY LIMIT $ 1.000.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS Re: All Operation It is hereby agreed that City of Palm Springs is included as Additional Insured under the General Liability policy as respects work performed by the Named Insured. CERTIFICATE HOLDER CANCELLATION except io mye ewe Pe�ec er Pr®i. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOF DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEF NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALT IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OF City of Palm Springs REPRESENTATIVES. 3400 E Tahquitz Canyon Way A T IZED REP E ENTATIVE Palm Springs, CA 92262 ACORD 26(2001108) Coll:1349808 Tpl:366618 Cert:6007656 ©ACORD CORPORATION 198 Page 2 of 2 I I I IMPORTANT i If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AC�!5(2001108) Co11:1349808 Tp1:366618 Cert:6007650 i Policy Number: 72CESCA2919 Effective Date: 12/1/2004 Named Insured: Southern California Soil &Testing, Inc. I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I AMENDMENT OF OTHER INSURANCE CONDITION SCHEDULED ADDITIONAL INSUREDS SCHEDULE ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE TO INCLUDE AS AN ADDITIONAL INSURED, AND THE WRITTEN CONTRACT OR WRITTEN AGREEMENT OR PERMIT REQUIRES THIS INSURANCE TO BE PRIMARY FOR ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE TO INCLUDE AS AN ADDITIONAL INSURED. City of Palm Springs It is agreed that, solely with respect to any additional insured's under this policy which appear in the Schedule of this endorsements, that the Other Insurance Condition (Section IV) is deleted in its entirety and replaced by the following, but only with respect to your operations, operations on your behalf or"your work." Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: ai. Primary Insurance This insurance is primary and we will not seek contribution from other insurance available to the person or organization shown in the Schedule of this Endorsement except when b. below applies: b. Excesslnsurance This insurance is excess over any of the following other insurance, whether primary, excess, contingent or any other basis: 1) That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for"your work," 2) That is Fire insurance for premises rented to you; or 3) If the loss arises out of the maintenance or use of"aircraft,: "autos"or watercraft to the extent not subject to Exclusion g. (SECTION 1). When this insurance is excess, we will have no duty under this policy to defend any"claim" or"suit"that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1) The total amount that all such other insurance would pay for ht loss in the absence of this insurance; and 2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Insurance provision and was not bought specifically to apply in excess of the limits of insurance shown in the Declarations of this policy. c. Method of Sharing Form GN 20 1614(ED.01/95)Printed in U.S.A(NS) Page 1 of 2 i If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or non to the loss remains, whichever comes first. i If any of the other does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insured's. i i l i i i i i i I� it Form GN 20 16 14(ED.01195)Printed in U.S.A INS) Page 1 of 2