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HomeMy WebLinkAbout04560 - EARTH SYSTEMS DOWNTOWN PARKING STRUCT CP01-27 MO7070 Earth Systems Southwest Downtown Pkg Struct CPO1-27 AGREEMENT #4560 CM signed p/M07070 9-10-02 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Observation and Testing Services Related to Construction of the Downtown Parking Structure, City Project 01-27 THIS ONTRA T SERVICES AGREEMENT (herein "Agreement") is made and entered into this day of w `may and between the CITY OF PALM SPRINGS, a municipal corporation (h rein "City") and EARTH SYSTEMS SOUTHWEST (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and servie forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and 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 of competent jurisdiction. 1.3 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. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein by this reference, but not exceeding the maximum contract amount of forty-five thousand four hundred and seventy dollars ($45,470) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B, Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Craig S. Hill is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. Page-1- 3.2 Contract Officer. Michael Fontana, the City's designated Owner's Representative, is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"), The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 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. Contractor shall perform all services required herein as an independent contractor of City and shall remain under 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. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 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 coverages 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 A. Page-2- 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, prior to 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 4.1 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 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 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 the work or services 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, but excluding such claims or liabilities arising from the negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith. 4.3 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. 4.4 Sufficiency of Insurer or Surety. Insurance (except for Worker's Compensation) 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 Page-3- 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. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until November 30, 2002. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. 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 ensure 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. 6.2 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. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he 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. 6.4 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 Page-4- 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. 6.5 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. 6.6 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. 6.7 Severability. In the event that part of 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 portions 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. 6.8 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. 6.9 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, whether or not the matter proceeds to judgment. 6.10 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) Page-5- 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 City Clerk City Manager APPROVED AS TO FORM: / APPeZ��//'rOK) By: City Attorney CONTRACTOR: Check one:_Individual_Partnershipx Corporation 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 Officer). Signature (notarized) Signature (notarized) Name: Craig S. Hill Name: ir26 <- �7 °82, 2"j Title: President Title: ��cre Oar -7 ��ft rr `( ' //'G e�SurG/ Stateof California State ofl.Ak'"§ev�r'o­ Coun of lyersl Count of:x=�. b' Y ly.— s, ss�e�w; �� Nt. ohrs�n July 25, 2002 Carole Graves Notar�yy P blip On before me, On 7R9 z before me,�' - 1 personally appeared Cra-1 4 Hi 71 pers6na y appeared .)nxrwi J. ''r5roi•,n 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 persons) whose name(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. which the person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: ?wLJ Notary Signal [P,✓ Notary Seal: Notary Seal: , / CAROLE GRAVES m JENNJF R N.JOHNSENIL Commission 01266089 Commission#'1303863 � iemycomm. Notary Public-California _ z -ems-. "-I, Notary Public- California Riverside County San Luis Obispo CountyExpiresJun2200A Ml yComm Expires May 8,2005 Page-6- EXHIBIT "A" SCOPE OF WORK The Contractor will perform compaction testing, intermittent field observations with appropriate reports for the grading and site improvements and materials testing during construction of the Downtown Parking Structure, City Project 01-27. Contractor is to provide such services within 24-hour advance notification by the City, as follows: Task 1 - Grading Perform intermittent observations and compaction testing during grading observations to observe the progress of work related to site preparations, required pre-moistening, slope construction and placement of fills. Task 2 - Building and Utilities Perform testing services on footings, utility trench backfill and miscellaneous backfill. Test at appropriate locations and depths to provide information on the relative compaction within the tested areas. Areas found to have low density will be retested after reworking. Task 3 - Materials Testing Perform materials testing and inspections services as required by building codes, plans and specifications. Task 4 - Laboratory Tests Perform the following laboratory tests: Comp. Curve ASTM-D 4", Comp. Curve ASTM-D 6", Concrete Compression Tests, Grout/Mortar Compression tests, Mix Design tests Task 5 -Reports The Contractor shall provide written reports at the completion of the project. Interim reports may be submitted, when necessary to substantiate periodic invoicing. If, pursuant to Section 4.4, the City requires an increased level of insurance coverage, the City shall reimburse any increased cost to Contractor necessary to satisfy the City's increased insurance requirements. The requirements of Section 4.3 Performance Bond are hereby waived. Page -7- EXHIBIT "B" SCHEDULE OF COMPENSATION Contractor shall be compensated for inspections based on the hourly rates listed below times the actual services provided. Contractor shall be compensated for materials testing based on the actual tests performed times the cost per particular test as listed below. Contractor shall be paid monthly based on actual work performed. Said invoice to be paid within 30 days from receipt. Task 1- Grading Estimated Quantities: 80 Technician hours at$65.00 per hour .......................................................................................... 5,200.00 8 Senior Technician hours at$76 per hour ........................................................................................ 608.00 24 trips at$25 per trip ........................................................................................................................ 600.00 TotalEstimated Fee .................................................................................................................... $6,408.00 Task 2 - Buildings and Utilities Estimated Quantities: Footing Observations, 20 hours at$65 per hour ............................................................................. 1,300.00 Utilities Under Slab, 10 hours at$65 per hour ................................................................................... 650.00 Miscellaneous Backfill, 20 hours at$65 per hour ............................................................................ 1,300.00 20 trips at$25 per trip ........................................................................................................................ 500.00 Total Estimated Fee .................................................................................................................... $3,750.00 Task 3 - Materials Testing Concrete: Reinforcing Steel Inspection, 48 hours at$76 per hour .................................................................. 3,648.00 P.T. Inspection, 32 hours at$76 per hour ....................................................................................... 2,432.00 Concrete Inspection, 84 hours at$76 per hour ............................................................................... 6,384.00 Batch Plant Inspection, 88 hours at$76 per hour ........................................................................... 6,688.00 Sample Pick Up, 24 hours at$76 per hour ..................................................................................... 1,824.00 Trips, 12 hours at$25 per hour .......................................................................................................... 300.00 Total Estimated Fee .................................................................................................................. $21,276.00 Masonry: Masonry Inspection, 80 hours at$76 per hour ...............................................................................- 6,080.00 Simple Pick Up, 8 hours at$76 per hour ............................................................................................ 608.00 Trips, 8 hours at$25 per hour ............................................................................................................ 200.00 Total Estimated Fee .................................................................................................................... $6,888.00 Structural Steel: Welding Inspection, 24 hours at$76 per hour ................................................................................ 1,824.00 Bolting Inspection, 12 hours at$76 per hour ...................................................................................... 912.00 Total Estimated Fee .................................................................................................................... $2,736.00 Page-8- EXHIBIT "B" Task 4 - Laboratory Tests Comp. Curve ASTM-D 4", 2 hours at$150 per hour............................................................................300.00 Comp Curve ASTM-D 6", 2 hours at$180 per hour.............................................................................360.00 Concrete Compression Tests, 88 hours at$21 per hour..................................................................1,848.00 GrouVMortar Comp. Tests, 24 hours at$21 per hour..........................................................................504.00 Mix Designs, 3 hours at$150 per hour.................................................................................................450.00 Total Estimated Fee.......................................................................................................................$3,462.00 Task 5 - Reports Grading, 1 hour at$500 per hour.........................................................................................................500.00 Building, 1 hour at$250 per hour.........................................................................................................250.00 Inspections, 1 hours at$200 per hour................................................................................... ..............200.00 TotalEstimated Fee..........................................................................................................................$950.00 Total Estimated Contract Fee (Not to Exceed)........................................................$45,470.00 Page-9- i.ueuur: I lr ❑'artl naTar r ACORD,. CERTIFICATE OF LIABILITY INSURANCE 07/11/02Dm) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Oakland, CA 94604.2675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510465-3090 Edi Barrow INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Fire Insurance Company Earth Systems Southwest INSURER B: State Compensation Ins. Fund of CA Attn: Carole Graves INSURER C: 79-811B Country Club Drive INSURER D: Bermuda Dunes,CA 92201 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INj AGONDITIONS HSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM DO Y DATE MM DO V A GENERAL LIABILITY 57CESOA2013 04/01/02 04/01/03 EACH OCCURREN000X COMMERCIAL GENERAL LIM ILITY FIRE DAMAGE(An00aCLAIMS MADE � OCCUR MED EXP(Any one0X PD Ded:10,000 PERSONAL&ADV INJURY noo GENERAL AGGREGATE $2 QQQ QQQ GEN'L AGGREGATE LIM ITAPPL IES PER PRODUCTS -COMP/OP AGG $2 QQQ QQQ POLICY EX PRO- JECT X LOC A AUTOMOBILE LIABILITY 57UUNIF9613 04/01/02 04/01/03 COMBINED SINGLE LIMIT $1,000,QQQ X ANY AUTO (Ea accldent) ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTYDAMAGE $ (Per accident) GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND GP541UT6502 05/01/02 05/01/03 X WCSTATU- OTH- EMPLOYERS'LIABILITY GP54JUT6501 05/01/01 05/01/02 E.L.EACH ACCIDENT $1 O ,OQO - _ —_ __ E.L.DI.SFASE- _AEMPIOYEE OOa1,00Q000 _ E.L.DISEASE -POLICY LIMIT I$1 QQQ QQQ OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Block 28 Parking Structure. BD-08460-04&05.The City of Palm Springs, its officers,employees and agents are additional insureds to general and automobile liability.Waiver of Subrogation applies to general and automobile liability. Insurance is primary per policy form. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURERLETTER CANCELLATION SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL%>RVA''MXTp MAIL 3Q DAYSWRITTEN Attn: Bruce Johnson NOTICE TO THE CERTIFICATE HOLD ER NAM ED TO TH E LEFT,Ba1k3NLjIRxAR1QAkR1nIkXXx P.O. Box 2743 napxaaxTaamor9nuerTottmaxatxemoaumcx�ntp>tp xxx Palm Springs, CA 92263.2743 XXra X aKA"X A.UUTTTHHHOORIIZEED REPR(EESENTAATITIV/Ey,11C .r ACORD 25-S(7/97)1 of 1 #M72770 ARH © ACORD CORPORATION 1988 POLICY NUMBER: 57CESOA2013 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs Attn: Bruce Johnson P.O . Box 2743 Palm Springs, CA 92263-2743 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work'for that insured by or for you. Re : Block 28 Parking Structure . BD-08460-04 & 05 . The City of Palm Springs, its officers, employees and agents are additional insureds to general and automobile liability. Waiver of Subrogation applies to general and automobile liability, Insurance is primary per policy form. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE . CG 20 10 11 85