HomeMy WebLinkAbout03997 - EARTH SYSTEMS CONSUT DEMUTH PARK Earth Systems Consultants
• Southern California
Demuth Park Monitoring Wells
AGREEMENT #3997
CM Signed, 6-30-98
CITY OF PALM SPRINGS - -- - --- — -- ---
Engineering Division
CONTRACT :iERVICES AGREEMENT FOR
DEMUTH PARK MONITORING WELLS
City Project No. 97-19
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made
and entered into this day of , 191.A ,
by and between the CITY OF PALM SPRINGS,U a municipal corporation
(herein "City") and Earth Systems Consultants Southern California
(herein "Contractor") . (The term Contractor includes professionals
performing in a consulting capacity) .
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 services set
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 Stun. 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 Three Thousand One Hundred Dollars
($3,100.00) ("Contract Sum") .
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2 .2 Method of Payment. Provided that Contractor is not
in default under the terms of this Agreement, Contractor shall be
paid in accordance with Exhibit B of this contract.
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.
3 .2 Contract Officer. Tom Cartwright 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 AND INDEMNIFICATION
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) Comprehensive General Liability Insurance. A
policy of comprehensive general liability insurance written on
a per occurrence basis in an amount not less than either (i) a
combined single limit of $500, 000. 00 or (ii) bodily injury
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limits of $250, 000. 00 per person, $500, 000 . 00 per occurrence
and $500, 000. 00 products and completed operations and property
damage limits of $100, 000. 00 per occurrence and $100, 000. 00 in
the aggregate.
(b) Worker' s Compensation Insurance. A policy of
worker' s compensation insurance in such amount as will fully
comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both the
Contractor and the City against any loss, claim or damage
arising from any injuries or occupational diseases occurring
to any worker employed by or any persons retained by the
Contractor in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance. A policy of
comprehensive automobile liability insurance written on a per
occurrence basis in an amount not less than either (i) bodily
injury liability limits of $250, 000. 00 per person and
$500, 000. 00 per occurrence and property damage liability
limits of $100, 000. 00 per occurrence and $250, 000. 00 in the
aggregate or (ii) combined single limit liability of
$500, 000 .00 . Said policy shall include coverage for owned,
non-owned, leased and hired cars .
All of the above policies of insurance shall be primary
insurance and shall name the City, its officers, employees and
agents as additional insureds . 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 . A11
of said policies of insurance shall provide that said insurance may
not be amended or canceled without providing thirty (30) days prior
written notice by registered mail to the City. 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 4 . 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 or
appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance 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 persons for which the
Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory
only if issued by companies qualified to do business in California,
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• •
rated "A" or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, and only if
they are of a financial category Class VII or better, unless such
requirements are waived by the Director of Administrative Services
or designee of the City due to unique circumstances .
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, including
paying any legal costs, attorneys fees, or paying any judgment
(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 to the extent caused by the negligence or willful
misconduct of the City.
5.0 TERM
5. 1 Term. Unless earlier terminated in accordance with
Section 5.2 below, this Agreement shall continue in full force and
effect until December 31, 1,998.
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.
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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 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
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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.
IN WITNESS WHEREOF, the parties have executed and entered into
this Agreement as of the date first written above.
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CITY
CI Y OF PALM SPRI G
a mun' ci co on
City a ager
ATTEST:
Cit Clerk
APPROVED AS TO FORM:
City Attor ey
[SIGNATURES CONTINUED ON NEXT PAGE]
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CONTRACTOR:
EARTH SYSTEMS CONSULTANTS SO. CALIFORNIA
By:
Name : Craig S. Hill
Title: Exec. Vice-President
Address : 79-811b Country Club Drive
Bermuda Dunes, CA 92201
[END OF SIGNATURES]
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EXHIBIT "A"
SCOPE OF SERVICES
Earth Systems Consultants Southern California, Contractor, shall
provide technical review and consultation services to the City of
Palm Springs for the Demuth Park Monitoring Wells project, located
at 4375 Mesquite Avenue Palm Springs, as follows:
1 . Review the bidding documents and provide comments regarding
the technical portions of the project specifications prior to
bidding.
2 . Assist the City with technical questions that may come up
during the bidding process.
3. Assist the City with inspection and review of Construction
Contractor' s submittals, such as drawings .
EXHIBIT "A"
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
Contractor's compensation for work described on attached Exhibit
"A" will be on a time-and-materials, not-to-exceed basis in
accordance with Contractor' s standard fee schedule . Fees to the
three tasks listed on said Exhibit "A" are as follows :
1 . Review and provide comments (assumes 10 hours) $1, 000. 00
2 . Assist with technical questions (assumes 5 hours) $ 500. 00
3 . Assist with construction contractor' s submittals
(assumes 16 hours) $1, 600. 00
TOTAL: $3, 100.00
Contractor agrees to begin work upon receipt of an executed copy of
this agreement and at the City' s request. Contractor will notify
the City of any major change in the Scope of Work as described
above prior to executing such a change. Fees for additional
services as requested and authorized by City will be charged at the
hourly rates in effect at the time the services are requested.
EXHIBIT "B"
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EXHIBIT "B-1"
Earth Systems Consultants
Southern California 79411B Country club Drive
Bermuda Dunes,CA 92201
Fee Schedule January 1, 1998
CONSULTING SOIL ENGINEERING, ENGINEERING GEOLOGY,
AND ENVIRONMENTAL ASSESSMENT SERVICES
Ceotechnical Engineering Studies Distress Foundation Evaluations
Geologic Hazard Studies Seismic Hazard Studies
Phase 1 Site Assessments Site Characterizations
Observations and Field Testing Groundwater Studies
Percolation Testing Pile Driving and Caisson Observation
Paving Design Drilling Services/Monitoring Wclls
Analysis of Slope Stability Data Evaluation
Consultation Report Preparation
Moisture-Density Testing Related Services
Non-technical Assistant............................................................................................ $32.00/hour
Technical Word Processor........................................................................................ $40.00/ltour
Technician (plus cost of test performed).................................................................. $46.00/hour
Technician (hourly rate only).................................................................................. $58.00/hour
Drafter..................................................................................................................... $58.00/hour
TechnicalResearch ................................................................................................. $63.00/hour
SeniorTechnician ................................................................................................... $69.00/hour
SupervisingTechnician............................................................................................ $74.00/hour
Staff Engineer, Geologist or Environmental Assessor............................................. . $82.00/hour
Project Engineer, Geologist or Environmental Assessor............................................ $88.00/hour
Senior Engineer, Geologist or Environmental Assessor............................................ $100 00/hour
Associate......................................................................................... ....................... $115.00/hour
Principalor Consultant............................................................................................ $160.00/hour
Expert Witness (4 hour minimum)........................................................................... $210.00/hour
Field Density Test (in addition to above hourly rates).............................................. $ 6.00/test
Field Density Test (when billed separately).............................................................. $44.00/test
LaboratoryRates..................................................................................................... $65.00/hour
Hazardous Materials Disposal.................................................................................. Cost+20%
AnalyticalLab Testing............................................................................................. Cost+20%
Observation and testing services are billed portal to portal, in accordance with the following minimum
charges:
---Two hour minimum charge.
---Travel/Zone Charges (based on radius from our office, see exceptions below):
mileae Sample Pickup*
Zone (0-10 miles)............................................ 8 $52.00
Zone (11-20 miles).......................................... 16 S83.00
Zone C (21-30 miles).......................................... 24 S109.00
Zone (31-4U miles).......................................... 32 $135,00
Zone (41-50 miles).......................................... 40 $166.00
Zone (51-75 miles)............................4............. 60 $238.00
ZoneG (76-100 miles).............4,.......I..............,...80 $310.00
--- Travel charges to remote or difficult areas will be billed at$0.40 per mile plus travel time.
* Tncludes mileage charges, assume;; 1/2 hour on-site, for pickup and processing. Time in excess
of 1/2 hour on-site will be billed at hourly rates.
EXHIBIT "B-1"
CONTRACT SERVICES AGREEMENT
JUL-14-98 TUE 02:04 PH FAX NO. 06�dlj P. 01/01
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P.O. Box 12675 POLICIES BELOW,
Oakland.CA 94004-2675 6(:); COMPANIES AFFORDING COVERAGE
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79-811 Country Club Dr . ,*4 COURANY
Bermuda Uvnos , CA 92201 LETTER
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INDICATED.NOT WITHSTANOMG ANY REOUPPMENT,TERM ORCONDIT[ONOF ANY CONTRACT DRQTHERQOCM1ENT WITHRES175cl TO WHICH THH'
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addi t ionzi Insureds to general & auto I izbi 1 1 ty. Waiver of Subrogation ;ippl ics
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SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CA CELI EOBEFORETHE
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MAIL 30 DAY SWRITTENTJOTICE TO T1 IECEPTIFIQA TE HOLDERNAMEOTO THE
Ci ty of Pw III Springs
Attn: Margot DvNros itirs
Engineering
F.O. Box 2143 114616000
Palm Springs, CA 92263