HomeMy WebLinkAboutC40500-510 On-Call Mtrls Testing-Spcl InspectionsContract Nos. C40500 and C40510
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE
PREPARED BY
September 24, 2020
Randy Bowman, Project Manager
L ,
REQUEST: Award Contract No. C40500 to Earth Systems Pacific of San Luis Obispo,
California, and Contract No. C40510 to Inland Valley Sladden dba as
Sladden Engineering of Indio, California, for On-Call Materials Testing and
Special Inspection Services, each for a period of twenty-four (24) months
in an aggregate annual amount not to exceed $100,000.
Recommendation
By Minute Motion:
1) Award Contract No. C40500 to Earth Systems Pacific of San Luis
Obispo, California, and Contract No. C40510 to Inland Valley
Sladden dba as Sladden Engineering of Indio, California, for On-Call
Materials Testing and Special Inspection Services, each for a period
of twenty-four (24) months in an aggregate annual amount not to
exceed $100,000; and,
2) Authorize the City Manager to execute the agreements and up to
three (3) 12-month contract extensions per contract.
Funds are available in various relevant project accounts including Measure A and Gas Tax.
Strateqic Plan
On-call materials testing and special inspection services does not contribute directly to
the objectives of the Strategic Plan.
Backqround Analysis
The City constructs projects that require quality assurance testing of roadway subgrade,
concrete, asphalt, masonry, and other construction materials to confirm that construction
meets the City's plans and specifications. Large projects such as the San Pablo Avenue
and CV Link projects have typically required individually tailored materials testing and
special inspection services contracts due to their size and complexity. The City needs
materials testing and special inspection services to support the construction of various
annual projects including pavement resurtacing, pavement slurry sealing, and ADA ramp
construction. In prior years, the City has allocated the cost of materials testing and special
inspection for these projects from their various funding accounts, which staff continues to
recommend for the subject contracts. Staff further recommends the City executes multi-
Contract Nos. C40500 and C40510
September 24, 2020 — Staff Report
Award Contract for On-Call Materials Testing Services
Page 2 of 3
year contracts with competent and qualified professionals so that construction projects
can be implemented and inspected more efficiently.
City staff duly advertised a Request for Proposal (RFP) for said services on PlanetBids,
and on July 14, 2020, the City received 14 proposals. A selection committee comprised
of staff from the Public Works Department reviewed the proposals according to the
following criteria in the RFP:
• Qualifications of the firm
• Management and technical approach to the required duties
• Completeness of the proposal
� Fee proposal
The selection committee ranked the proposals as follows:
�PROPOSER
� Sladden Engineering
� Earth Systems Pacific
� Leighton Consulting
� Geocon West
� IFE
� Krazan
� NV5
� RMA
� Terracon
� Moore Twining
� MTGL
� GeoTek
� Caltech
I ATLAS
LOCATION
Indio, CA
San Luis Obispo, CA
Palm Desert, CA
La Quinta, CA
Palm Desert, CA
Corona, CA
Irvine, CA
Rancho Cucamonga, CA
Colton, CA
Riverside, CA
Riverside, CA
Corona, CA
Brea, CA
Riverside, CA
RANKING
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Based on the review, staff recommends awarding contracts to Earth Systems Pacific and
to Sladden Engineering for a period of two years each, with an option of three, one-year
extensions. Both firms have offices and testing facilities in the Coachella Valley.
Fiscal Analysis
The approved Capital Improvement Project (CIP) budget for Fiscal Year 2020-2021
includes Measure A and Gas Tax funding for the Street Resurfacing Program; and
Measure A funding for the Citywide ADA Curb Ramp Modifications, Citywide Bridge
Inspection & Repair Program, and On-Street ADA Parking Improvements. These project
accounts will fund the materials testing and special inspection services which are
accounted for in the respective projects approved in the current budget. Funds will only
Contract Nos. C40500 and C40510
September 24, 2020 — Staff Report
Award Contract for On-Cali Materials Testing Services
Page 3 of 3
be expended to the extent necessary for the call-out work performed during the contract
period.
LEGAL REVIEW DEPT. REVIEW FINANCIAL
REVIEW
�aw��'(. ?�?002�
N/A r�, G�G,a,
Robert W. Hargreaves Tom Garcia, P.E. Janet M. Moore
City Attorney Director of Public Works
Director of Finance
Interim City Manager, ,Z�a�d�y t�cy�cden
CONSULTANTS: Earth Systems Pacific
720 Aerovista Place, Suite A
San Luis Obispo, CA 93401
Sladden Engineering
45090 Golf Center Parkway, Suite F
Indio, CA 92201
ASSISTANT
CITY MANAGER
�l��Y rr�rfl��
Andy Firestine
Assistant City Manager
ATTACHMENTS: Agreements
Consultant's Proposals
Contract No. C40500
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
Contract No.
PARTIES AND DATE.
This Agreement is made and entered into this 24t'' day of September, 2020, by and
between the City of Palm Desert, a municipal corporation organized under the laws of the State
of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
California 92260-2578, County of Riverside, State of California ("City") and Earth Systems
Pacific, a California Corporation, with its principal place of business at 720 Aerovista Place,
Suite A, San Luis Obispo, California 93401 ("Consultant"). City and Consultant are sometimes
individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for ON-CALL MATERIALS TESTING AND SPECIAL INSPECTION SERVICES (hereinafter
referred to as "the Project").
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and alf applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from September 24,
2020 to September 25, 2022, unless earlier terminated as provided herein. The City shall have
the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than
three (3) additional one-year (1-year) terms. Consultant shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Pavment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -1-
Contract No.
tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner in accordance with the Schedule of Services set forth in Exhibit "A" attached
hereto and incorporated herein by reference. Consultant represents that it has the professional
and technical personnel required to perform the Services expeditiously. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Apqlicable Reauirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for perFormance of this Agreement are as follows: Mark Houghton, Managing
Principal.
3.2.5 Citv's Representative. The City hereby designates Randy Bowman,
Project Manager, or his/her designee, to act as its representative in all matters pertaining to the
administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the scope of Services or change
the total compensation due to Consultant under this Agreement. The City Manager shall be
authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the ConsultanYs total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Mark
Houghton, Managing Principal, or his/her designee, to act as its representative for the
perFormance of this Agreement ("Consultant's Representative"). ConsultanYs Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her professional skill and attention, and shall be responsible for all means, methods,
techniques, sequences, and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times.
3.2.8 Standard of Care; Performance of Emplovees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant represents that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -2-
Contract No.
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions to the extent they are caused by the Consultant's failure
to comply with the standard of care provided herein. Any employee of the Consultant or its sub-
consultants who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Consultant and shall not be re-employed to perform
any of the Services or to work on the Project.
3.2.9 Period of Performance.
3.2.9.1 Consultant shall perForm and complete all Services under this Agreement
within the term set forth in Section 3.1.2 above ("Performance Time"). To the extent consistent
with the foregoing, Consultant shall also perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibit "A" attached hereto, or which may
be separately agreed upon in writing by the City and Consultant ("PerFormance Milestones").
Consultant agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such PerFormance Milestones developed pursuant to provisions of
this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.9.2. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include a Force
Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's
performance and is one or more of the following: (1) Acts of God or other natural disasters; (2)
terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); (4) strikes and other organized labor
action occurring at the site and the effects thereof on the services, only to the extent such strikes
and other organized labor action are beyond the control of Consultant and its subcontractors, and
to the extent the effects thereof cannot be avoided by use of replacement workers; and (5)
pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of
governmental authorities," includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of a public agency applicable to
the services and Agreement.
3.2.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within
a reasonable time of being prevented from perForming, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
resume pertormance of this Agreement. Force Majeure Events and/or delays, regardless of the
Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Reaulations: Emqlovee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with applicable local, state and federal laws, rules
and regulations in any manner affecting the perFormance of the Project or the Services, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with the Services and this Agreement. All violations of such laws and
regulations shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Emplovment Eliqibilitv; Consultant. Consultant certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -3-
Contract No.
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Eaual Opportunitv Emplovment. Consultant represents that
it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.4 Safe . Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Reauirements. Without limiting Consultant's
indemnification of City, and prior to commencement of the Services, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liabilitv Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
(B) Automobile Liabilitv Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City's Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the perFormance of his/her duties under this Agreement.
(C) Professional Liabilitv (Errors & Omissionsl Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers' Compensation Insurance. Consultant shall
maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -4-
Contract No.
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees and volunteers.
(E) Umbrella or Excess Liabilitv Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer's liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies;
and
(4) Policies shall "follow form" to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
If coverage is maintained on a claims-made basis, Consultant shall maintain such
coverage for an additional period of three (3) years following termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coveraae. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the pertormance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primarv/Non-Contributina. Coverage provided by
Consultant (except Professional Liability and Workers' Compensation) shall be primary and any
insurance or self-insurance procured or maintained by City shall not be required to contribute with
it. The limits of insurance required herein may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to
contain a provision that such coverage shall also apply on a primary and non-contributory basis
for the benefit of City before the City's own insurance or self-insurance shall be called upon to
protect it as a named insured.
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -5-
Contract No.
(D) Citv's Riahts of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
(F) Waiver of Subroaation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against the City, its elected or appointed officers, agents, officials, employees and volunteers, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(G) Enforcement of Contract Provisions (non estoapel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Reauirements Not Limitinq. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide to City with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the
performance of the Agreement, under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coveraae Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -6-
Contract No.
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that ConsultanYs insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer's
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Throuph Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) Citv's Riqht to Revise Specifications. The City and Risk
Manager reserve the right at any time during the term of the Agreement to change the amounts
and types of insurance required by giving the Consultant ninety (90) days advance written notice
of such change. If such change results in additional cost to the Consultant, the City and Consultant
shall renegotiate Consultant's compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(0) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timelv Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from ConsultanYs
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Qualitv Manaqement and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the perFormance
of the Services including, without limitation, all applicable provisions of the City's ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant represents that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
the laws, regulations and policies of this Section.
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -7-
Contract No.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Fifty Thousand Dollars ($50,000.00) per year without written approval of the City
Council or City Manager, as applicable. The hourly rate fees submitted by the Proposer shall
remain unchanged for the first two (2) years of the agreement, with the City and Consultant
mutually agreeing upon any escalation in hourly rates if the City options to extend the contract
thereafter.
3.3.2 Pavment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Exqenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailina Waaes. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement
of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for
each craft, classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business and at
the project site. It is the intent of the parties to effectuate the requirements of sections 1771,
1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and
Consultant shall therefore comply with such Labor Code sections to the fullest extent required by
law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
agents, and volunteers free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Reaistration/DIR Compliance. If the Services are being pertormed on a
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -8-
Contract No.
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant's performance of Services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant
or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Insqection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Apreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. Consultant shall have the right to terminate this Agreement upon
giving City ten (10) calendar days prior written notice for any of the following: (1) breach by City
of any material term of this Agreement, including but not limited to Payment Terms; (2) material
changes in the Scope of Services or the nature of the Project, and the failure of the parties to
reach Agreement on the compensation and schedule adjustments necessitated by such changes;
(3) suspension of the Project or the Consultant's services by City for more than ninety (90)
calendar days, consecutive or in the aggregate.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -9-
Contract No.
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Earth Systems Pacific
720 Aerovista Place, Suite A
San Luis Obispo, California 93401
ATTN: Mark Houghton, Managing Principal
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Tom Garcia, P.E.
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentialitv.
3.6.3.1 Documents & Data; Licensinq of Intellectual Proqertv. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents 8� Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -10-
Contract No.
Data the subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Riaht to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Project or
another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification — Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other
proprietary right of any person or entity in consequence of the use on the Project by City of the
Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other pocuments & Data either created by or provided to Consultant in
connection with the perFormance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing
ConsultanYs proprietary information ("Proprietary Information") unless the City's legal counsel
determines that the release of the Proprietary Information is required by the California Public
Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,
in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written
notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall
indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents
from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal
action brought to compel the release of Proprietary Information. City shall not release the
Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to
fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -11-
Contract No.
action brought to compel such release; and/or (2) a final and non-appealable order by a court of
competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 fReservedl
3.6.6 I ndemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend
(with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,
employees, subconsultants or agents in connection with the performance of the Consultant's
Services, the Project or this Agreement, including without limitation the payment of expert witness
fees, reasonable attorney's fees and other related costs and expenses except such loss or
damage caused by the sole or active negligence or willful misconduct of the City. Consultant's
obligation to indemnify shall survive expiration or termination of this Agreement and shall not be
restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers,
employees, agents, or volunteers.
3.6.6.2 If Consultant's obligation to defend, indemnify, and/or hold
harmless arises out of Consultant's performance as a"design professional" (as that term is
defined under Civil Code section 2782.8), or ConsultanYs materials testing or special inspection
services, then, and only to the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise
out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant,
and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction,
ConsultanYs liability for such claim, including the cost to defend, shall not exceed the Consultant's
proportionate percentage of fault.
3.6.7 Entire Aareement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.6.8 Governin4 Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 Citv's Ripht to Emalov Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assipns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assianment; Subcontractinq. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -12-
Contract No.
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction: References: Caqtions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authoritv to Enter Aareement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -13-
Contract No.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -14-
Contract No.
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND TRANSTECH ENGINEERS, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
LAURI AYLAIAN
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ON-CALL MATERIALS TESTING AND
SPECIA� INSPECTION SERVICES
EARTH SYSTEMS PACIFIC
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:
Its:
Printed
Name:
[DELETE THE FOLLOWING SIGNATURE LINE
AND SECOND NOTARY ACKNOWLEDGEMENT
IF SECOND SIGNATURE NOT REQUIRED]
By:
Its:
Printed
Name:
-15-
Contract No.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20_, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, if may prove valuable to persons relying on fhe
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Title(s)
Partner(s)
� Attorney-In-Fact
-� Trustee(s)
C1 Guardian/Conservator
,1 Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
❑ Limited
�_� General
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -16-
Contract No.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20_, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on fhe
document and could prevent fraudulenf removal and reattachment of this form fo another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Title(s)
Partner(s)
� Attorney-In-Fact
1 Trustee(s)
� Guardian/Conservator
� Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
❑ Limited
� � General
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES
-17-
Contract No.
EXHIBIT "A"
SCOPE OF SERVICES, SCHEDULE OF SERVICES, AND COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth herein
may be increased or reduced each year at the time of renewal, subject to mutual agreement
between the Parties, but any increase shall not exceed the Consumer Price Index, All Urban
Consumers, Los Angeles-Riverside-Orange Counties.
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES Exhibit "A"
Contract No. C40510
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
Contract No.
PARTIES AND DATE.
This Agreement is made and entered into this 24t'' day of September, 2020, by and
between the City of Palm Desert, a municipal corporation organized under the laws of the State
of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
California 92260-2578, County of Riverside, State of California ("City") and Inland Valley
Sladden dba Sladden Engineering, Inc., a California Corporation, with its principal place of
business at 45090 Golf Center Parkway, Suite F, Indio, CA 92201 ("Consultant"). City and
Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
RECITALS.
2.1 Project.
The City is a public agency of the State of California and is in need of professional services
for ON-CALL MATERIALS TESTING AND SPECIAL INSPECTION SERVICES (hereinafter
referred to as "the ProjecY').
2.2 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant is duly licensed and has the necessary qualifications to provide such services.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and perFormed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from September 24,
2020 to September 25, 2022, unless earlier terminated as provided herein. The City shall have
the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than
three (3) additional one-year (1-year) terms. Consultant shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Pavment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services shall not be employees of City and shall at all times be
under ConsultanYs exclusive direction and control. Consultant shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -1-
Contract No.
tax withholding, unemployment insurance, disability insurance, and workers' compensation
insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner in accordance with the Schedule of Services set forth in Exhibit "A" attached
hereto and incorporated herein by reference. Consultant represents that it has the professional
and technical personnel required to perform the Services expeditiously. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to Aqalicable Reauirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services. Should one or more of such
personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as
to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
The key personnel for performance of this Agreement are as follows: Brett L. Anderson, P.E.,
President.
3.2.5 Citv's Representative. The City hereby designates Randy Bowman,
Project Manager, or his/her designee, to act as its representative in all matters pertaining to the
administration and performance of this Agreement ("City's Representative"). City's
Representative shall have the power to act on behalf of the City for review and approval of all
products submitted by Consultant but not the authority to enlarge the scope of Services or change
the total compensation due to Consultant under this Agreement. The City Manager shall be
authorized to act on City's behalf and to execute all necessary documents which enlarge the
scope of services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Brett L.
Anderson, P.E., President, or his/her designee, to act as its representative for the performance
of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her
professional skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times.
3.2.8 Standard of Care: Performance of Emnlovees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant represents that all employees and subconsultants
shall have su�cient skill and experience to pertorm the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -2-
Contract No.
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions to the extent they are caused by the ConsultanYs failure
to comply with the standard of care provided herein. Any employee of the Consultant or its sub-
consultants who is defermined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to pertorm the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Consultant and shall not be re-employed to perform
any of the Services or to work on the Project.
3.2.9 Period of Performance.
3.2.9.1 Consultant shall perform and complete all Services under this Agreement
within the term set forth in Section 3.1.2 above ("Performance Time"). To the extent consistent
with the foregoing, Consultant shall also perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibit "A" attached hereto, or which may
be separately agreed upon in writing by the City and Consultant ("Performance Milestones").
Consultant agrees that if the Services are not completed within the aforementioned Performance
Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of
this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.9.2. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include a Force
Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's
performance and is one or more of the following: (1) Acts of God or other natural disasters; (2)
terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without
limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by
governmental authorities that are required for the services); (4) strikes and other organized labor
action occurring at the site and the effects thereof on the services, only to the e�ent such strikes
and other organized labor action are beyond the control of Consultant and its subcontractors, and
to the extent the effects thereof cannot be avoided by use of replacement workers; and (5)
pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of
governmental authorities," includes ordinances, emergency proclamations and orders, rules to
protect the public health, welfare and safety, and other actions of a public agency applicable to
the services and Agreement.
3.2.9.3 Should a Force Majeure Event occur, the non-perForming Party shall, within
a reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the
Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in
accordance with the termination provisions of this Agreement.
3.2.10 Laws and Requlations: Emplovee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with applicable local, state and federal laws, rules
and regulations in any manner affecting the performance of the Project or the Services, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with the Senrices and this Agreement. All violations of such laws and
regulations shall be grounds for the City to terminate the Agreement for cause.
3.2.10.1 Emplovment Eliqibilitv: Consultant. Consultant certifies that
it fully complies with all requirements and restrictions of state and federal law respecting the
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -3-
Contract No.
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Oqportunitv Emplovment. Consultant represents that
it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs or
guidelines currently in effect or hereinafter enacted.
3.2.10.4 Safety. Consultant shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Consultant's
indemnification of City, and prior to commencement of the Services, Consultant shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance
of the type and amounts described below and in a form that is satisfactory to City.
(A) General Liabilitv Insurance. Consultant shall maintain
commercial general liability insurance with coverage at least as broad as Insurance Services
Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage. The policy must include
contractual liability that has not been amended. Any endorsement restricting standard ISO
"insured contract" language will not be accepted.
(B) Automobile Liabilitv Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering
bodily injury and property damage for all activities of the Consultant arising out of or in connection
with Work to be pertormed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident. The City's Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(C) Professional Liabilitv (Errors & Omissionsl Insurance.
Consultant shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous coverage through
a period no less than three years after completion of the Services required by this Agreement.
(D) Workers' Comqensation Insurance. Consultant shall
maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -4-
Contract No.
insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees and volunteers.
(E) Umbrella or Excess Liabilitv Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
policy with limits that will provide bodily injury, personal injury and property damage liability
coverage at least as broad as the primary coverages set forth above, including commercial
general liability and employer's liability. Such policy or policies shall include the following terms
and conditions:
(1) A drop down feature requiring the policy to respond if
any primary insurance that would otherwise have
applied proves to be uncollectible in whole or in part for
any reason;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies;
and
(4) Policies shall "follow form" to the underlying primary
policies.
(5) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
If coverage is maintained on a claims-made basis, Consultant shall maintain such
coverage for an additional period of three (3) years following termination of the Agreement.
3.2.11.2 Other Provisions or Requirements.
(A) Proof of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
(B) Duration of Coveraqe. Consultant shall procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the Services
hereunder by Consultant, his/her agents, representatives, employees or subconsultants.
(C) Primarv/Non-Contributinq. Coverage provided by
Consultant (except Professional Liability and Workers' Compensation) shall be primary and any
insurance or self-insurance procured or maintained by City shall not be required to contribute with
it. The limits of insurance required herein may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to
contain a provision that such coverage shall also apply on a primary and non-contributory basis
for the benefit of City before the City's own insurance or self-insurance shall be called upon to
protect it as a named insured.
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -5-
Contract No.
(D) Citv's Riahts of Enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications, or is
canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may terminate this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the State of California,
with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
(F) Waiver of Subroqation. All insurance coverage maintained
or procured pursuant to this agreement shall be endorsed to waive subrogation against the City,
its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against the City, its elected or appointed officers, agents, officials, employees and volunteers, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(G) Enforcement of Contract Provisions (non estopqel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non-compliance with any requirement imposes no additional obligations on
the City nor does it waive any rights hereunder.
(H) Requirements Not Limitinq. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to
a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher limits than the
minimums shown above, the City requires and shall be entitled to coverage for the higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
(I) Notice of Cancellation. Consultant agrees to oblige its
insurance agent or broker and insurers to provide to City with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed
to provide that the City and its officers, officials, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the
performance of the Agreement, under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(K) Prohibition of Undisclosed Coveraae Limitations. None of
the coverages required herein will be in compliance with these requirements if they include any
limiting endorsement of any kind that has not been first submitted to City and approved of in
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -6-
Contract No.
writing.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that ConsultanYs insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the insurer's
limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(M) Pass Throuqh Clause. Consultant agrees to ensure that its
subconsultants, subcontractors, and any other party involved with the Project who is brought onto
or involved in the Project by Consultant, provide the same minimum insurance coverage and
endorsements required of Consultant. Consultant agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subconsultants, subcontractors, and others engaged in the Project will be submitted to City for
review.
(N) CitV's Riqht to Revise Specifications. The City and Risk
Manager reserve the right at any time during the term of the Agreement to change the amounts
and types of insurance required by giving the Consultant ninety (90) days advance written notice
of such change. If such change results in additional cost to the Consultant, the City and Consultant
shall renegotiate Consultant's compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(0) Self-Insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to
comply with these specifications unless approved by City.
(P) Timelv Notice of Claims. Consultant shall give City prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
(Q) Additional Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Services.
3.2.12 Water Qualitv Manaqement and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City's ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must comply with the lawful requirements of the City, and any other municipality,
drainage district, or other local agency with jurisdiction over the location where the Services are
to be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
Consultant represents that all employees and subcontractors shall have sufficient skill and
experience to perform the work assigned to them without impacting water quality in violation of
the laws, regulations and policies of this Section.
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -7-
Contract No.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Fifty Thousand Dollars ($50,000.00) per year without written approval of the City
Council or City Manager, as applicable. The hourly rate fees submitted by the Proposer shall
remain unchanged for the first two (2) years of the agreement, with the City and Consultant
mutually agreeing upon any escalation in hourly rates if the City options to extend the contract
thereafter.
3.3.2 Pavment of Compensation. Consultant shall submit to City monthly
invoices which provide a detailed description of the Services and hours rendered by Consultant.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed
and approved charges. If the City disputes any of Consultant's fees, the City shall give written
notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth
therein. Consultant shall submit its final invoice to City within thirty (30) days from the last date
of provided Services or termination of this Agreement and failure by the Consultant to submit a
timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute
acceptance of any Services completed by Consultant. The making of final payment shall not
constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "A" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not pertorm, nor be compensated for, Extra Work without written authorization
from the City.
3.4 Labor Code Requirements.
3.4.1 Prevailina Wactes. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the perFormance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement
of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for
each craft, classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business and at
the project site. It is the intent of the parties to effectuate the requirements of sections 1771,
1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and
Consultant shall therefore comply with such Labor Code sections to the fullest extent required by
law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees,
agents, and volunteers free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws.
3.4.2 ReQistration/DIR Compliance. If the Services are being performed on a
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -8-
Contract No.
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project
and require the same of any subconsultants. This Project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant's performance of Services, including any delay, shall be
Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant
or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the perFormance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Actreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those Services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause. Consultant shall have the right to terminate this Agreement upon
giving City ten (10) calendar days prior written notice for any of the following: (1) breach by City
of any material term of this Agreement, including but not limited to Payment Terms; (2) material
ehanges in the Scope of Services or the nature of the Project, and the failure of the parties to
reach Agreement on the compensation and schedule adjustments necessitated by such changes;
(3) suspension of the Project or the Consultant's services by City for more than ninety (90)
calendar days, consecutive or in the aggregate.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -9-
Contract No.
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: Sladden Engineering
45090 Golf Center Parkway, Suite F
Indio, CA 92201
ATTN: Brett L. Anderson, P.E.
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Tom Garcia, P.E.
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentialitv.
3.6.3.1 Documents & Data; Licensinct of Intellectual Propertv. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -10-
Contract No.
Data the subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Riqht to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Project or
another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification — Documents and Data. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other
proprietary right of any person or entity in consequence of the use on the Project by City of the
Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentialitv. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other pocuments & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing
Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel
determines that the release of the Proprietary Information is required by the California Public
Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,
in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written
notice of ConsultanYs objection to the City's release of Proprietary Information. Consultant shall
indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents
from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal
action brought to compel the release of Proprietary Information. City shall not release the
Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to
fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -11-
Contract No.
action brought to compel such release; and/or (2) a final and non-appealable order by a court of
competent jurisdiction requires that City release such information.
3.6.4 Cooperation: Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 fReservedl
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend
(with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subconsultants or agents in connection with the performance of the ConsultanYs Services, the
Project or this Agreement, including without limitation the payment of expert witness fees,
reasonable attorney's fees and other related costs and expenses except such loss or damage
caused by the sole negligence or willful misconduct of the City. Consultant's obligation to
indemnify shall survive expiration or termination of this Agreement and shall not be restricted to
insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, or volunteers.
3.6.6.2 If ConsultanYs obligation to defend, indemnify, and/or hold
harmless arises out of ConsultanYs performance as a"design professional" (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, ConsultanYs indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not
exceed the ConsultanYs proportionate percentage of fault.
3.6.7 Entire Aareement. This Agreement contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.6.8 Governina Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 Citv's Riqht to Emplov Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.6.12 Assiqnment: Subcontractinq. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -12-
Contract No.
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
3.6.14 Amendment: Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.6.19 Authoritv to Enter Aqreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES -13-
Contract No.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
ON-CALL MATERIA�S TESTING AND
SPECIAL INSPECTION SERVICES -14-
Contract No.
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND TRANSTECH ENGINEERS, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
LAURI AYLAIAN
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES
SLADDEN ENGINEERING
[IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:
Its:
Printed
Name:
[DELETE THE FOLLOWING SIGNATURE LINE
AND SECOND NOTARY ACKNOWLEDGEMENT
IF SECOND SIGNATURE NOT REQUIRED]
By:
Its:
Printed
Name:
�iN�
Contract No.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On . 20_, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
documenf and could prevent fraudulent removal and reatfachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Title(s)
� Partner(s)
-� Attorney-In-Fact
� Trustee(s)
� Guardian/Conservator
, ; Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
�� Limited
� � General
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES
S[�
Contract No.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20_, before me, , Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
documenf and could prevent fraudulent removal and reattachmenf of fhis form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Title(s)
� Partner(s)
-� Attorney-In-Fact
� Trustee(s)
1 Guardian/Conservator
� Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
❑ Limited
�_� General
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES
-17-
Contract No.
EXHIBIT "A"
SCOPE OF SERVICES, SCHEDULE OF SERVICES, AND COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth herein
may be increased or reduced each year at the time of renewal, subject to mutual agreement
between the Parties, but any increase shall not exceed the Consumer Price Index, All Urban
Consumers, Los Angeles-Riverside-Orange Counties.
ON-CALL MATERIALS TESTING AND
SPECIAL INSPECTION SERVICES Exhibit "A"
PROPOSAL TO PROVIDE ON-CALL MATERIAL TESTING AND
SPECIAL INSPECTION SERVICES
Earth Systems
79-811B Country Club Drive
Bermuda Dunes, CA 92203
Ph: (760) 345-1588
fax: (760) 345-7315
www.earthsystems.com
Tuesday, July 14, 2020
Submitted by:
Earth Systems City of Palm Desert / i
On-Call Material Testing and Special Inspection Services
Table of Contents
Cover Page
Table of Contents
1. Cover Letter …………………………………………………………………………………………… ii
2. Certification of Proposal ……………………………………………….….……………..…… iii
3. Experience and Technical Competence …………………………………………………… 1
4. Firm Staffing and Key Personnel ………………………………..…………………………… 4
5. Proposed Method to Accomplish the Work …………………………………….……… 5
6. Fee Proposal ………………………………………………………………………………………….. 6
7. Appendices ………………………………………………………………..…………………………. 11
• Litigation
• Project Team Resumes
• Changes to Agreement
79-811B Country Club Drive
Bermuda Dunes, CA 92203
Ph: (760) 345-1588
fax: (760) 345-7315
www.earthsystems.com
Earth Systems ii
July 14, 2020
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Randy Bowman, Project Manager, Public Works Dept.
Subject: ON-CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES
Earth Systems Pacific (Earth Systems) is pleased to submit this proposal to provide quality
material testing and special inspection services for the subject projects. This Quality Assurance
commission will be serviced from our Bermuda Dunes office and lab in the Coachella Valley which
is AASHTO Materials Reference Laboratory (AMRL) accredited, Cement and Concrete Reference
Laboratory (CCRL) accredited, Caltrans certified, and Division of State Architect (DSA) Laboratory,
and Evaluation and Acceptance (LEA) accredited. This office consists of professional personnel
with geotechnical and civil engineer, geologist, engineering geologist, and hydrogeologist State
registrations or certifications and technicians/inspectors with current ICBO, AWS, ICC, ACI and
other relevant certifications.
Upon notice of contract award, Earth Systems is unencumbered to mobilize the in-house listed
team to perform the services which are the basis of the RFP. Inspectors are available on 24-hours’
notice or less and response to issues provided in an expedient manner. Deliverables are prepared
and updated on an ongoing basis such that they are ready to be provided at the completion of
milestones such that delays are not encountered.
Earth Systems has had a local presence in Riverside County for over 40 years and has successfully
demonstrated the ability to provide professional consulting services and quality testing and
inspection for various governing agencies. This team offers several advantages to the City of Palm
Desert:
• Highly qualified and experienced professional personnel who understand the required
work and can anticipate the important geotechnical issues and constraints of your
projects;
• Decades of experience and an exemplary history in successful public works projects;
• A local, experienced leadership team composed of principal and senior level specialists
who have proven their ability to deliver successful projects;
• A comprehensive understanding of your needs and requirements; and,
• Our office is located in close proximity to the City Center (within 8 miles).
We trust this statement of qualifications adequately presents our experience, capabilities, and
our interest providing the required services for the City and our willingness to enter into an
Agreement. Mr. Mark Houghton, Principal-in-Charge and Project Manager will be the authorized
representative for Earth Systems. Mr. Houghton is in Earth Systems Bermuda Dunes facility at 79-
811B Country Club Drive, Bermuda Dunes, California 92203, (760) 345-1588. Earth Systems does
not anticipate using sub-consultants on this project, having the capabilities in-house.
Respectfully submitted,
Earth Systems
Mark Houghton
Managing Principal, Project Manager
Earth Systems iii
2. Certification of Proposal
Earth Systems Pacific hereby submits our proposal and, by doing so, agrees to furnish services
to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and
conditions of the RFP.
Earth Systems City of Palm Desert / 1
On-Call Material Testing and Special Inspection Services
3. Experience and Technical Competence
Earth Systems’ Origin and BackgroundSince 1969, the Earth Systems Pacific (Earth Systems) has provided a full range of expert services in the fields of geotechnical engineering, engineering geology, geophysical surveys, environmental assessments, construction monitoring, and materials testing and inspection. Earth Systems has been consistently named in Engineering News-Record as being among the top 500 engineering/design firms in the nation. Earth Systems maintains 11 offices in California. This structure enables us to integrate the advantages of local knowledge of geotechnical and geologic conditions with a wide base of professional and technical expertise.
Earth Systems has built a reputation for providing thorough and professional geotechnical, geologic, and construction inspection services throughout California. In southern California, most of our engineering and geology professionals have lived and worked in this region for over 30 years, thus gaining an unparalleled knowledge of local geologic and geotechnical conditions.
Primary Office Location and Contact InformationThe Earth Systems team of experts proposed for geotechnical and material testing services for the City of Palm Desert is based out of our Bermuda Dunes office. Technicians and staff will be dispatched from this office. Lab testing will be performed and coordinated through this office. Contact information is as follows:Mark HoughtonEarth Systems Pacific79-811B Country Club DriveBermuda Dunes, CA 92203Ph: (760) 345-1588fax: (760) 345-7315Email: mhoughton@earthsystems.comAfter hours emergency phone number: (760) 501-0242
Size of Firm and Licenses/Registrations/Certifications Earth Systems’ staff consists of registered professionals and certified testing and inspection personnel. Companywide, Earth Systems employs over 150+ dedicated individuals. Many have over 30 years of experience in the geoprofessional field and have enjoyed a long employment relationship with Earth Systems.
Number of local Riverside County Earth Systems professional certifications:• Geotechnical Engineers 2• Civil and Staff Engineers 4• Professional Geologist 2• Engineering Geologist 1• Hydrogeologist 1• Inspectors and Technicians 15
Our testing and inspection staff hold various certification by:• International Conference Code (ICC)• National Institute for Certification in Engineering Technologies (NICET)• American Concrete Institute (ACI)• American Welding Society (AWS) • American Society of Nondestructive Testing (ASNT)• Division of the State Architect (DSA)• California Department of Transportation (Caltrans)
Licenses and certificationsThe two most local Earth Systems labs (Bermuda Dunes and Perris) for this project are certified, accredited and/or approved by: • AASHTO Materials Reference Laboratory (AMRL) – R18• Cement and Concrete Reference Laboratory (CCRL) • Division of the State Architect (DSA) Laboratory Evaluation and Acceptance (LEA) Program • (LEA Labs #050 – Bermuda Dunes and #283 – Perris)• California Department of Transportation (Caltrans) • ASTM Quality Programs E329, D3740, C1077, C1093 for Soil, Concrete, Masonry, and Aggregate (American Society for Testing and Materials)
Earth Systems City of Palm Desert / 2
On-Call Material Testing and Special Inspection Services
Type of Services Provided
Materials Testing LaboratorySoil, rocks, and a variety of construction materials are tested in our own, on-premises geotechnical and materials laboratories. Earth Systems maintains certified engineering laboratories in our Perris, Bermuda Dunes, and Palmdale locations, as well as other locations in California. This allows us to maintain control, consistency and knowledge of the samples obtained and tested. These laboratories can perform hundreds of tests upon soils, concrete, asphalt, steel, masonry, and other building materials. Earth Systems participates in the Caltrans Transportation Materials and Research Correlation Testing Program, the AASHTO Materials Reference Laboratory (AMRL), and Cement and Concrete Reference Laboratory (CCRL) testing programs. Our laboratories have been certified and are accredited by the Division of the State Architect (DSA), CCRL, AMRL, and Caltrans. We are also a US Army Corps of Engineers approved laboratory (Palmdale).
Our Bermuda Dunes, Perris and Palmdale laboratories are equipped to test concrete, soils, and aggregates, including but not limited to determination of gradation, compaction characteristics, expansion potential, consolidation, density, sand equivalent, and specific gravity. Our Bermuda Dunes and Palmdale laboratories test asphalt concrete, masonry and reinforcing steel; respectively.
Earth Systems’ laboratory equipment is calibrated annually (or sooner if required) and the calibrations are traceable to the National Bureau of Standards. Tests are conducted by trained technicians/inspectors in accordance with ASTM, Caltrans, and other appropriate laboratory standards. They follow the protocols of an in-house Quality Assurance Program that meets the requirements of oversight agencies such as DSA and AASHTO. Our testing and inspection staff hold various certifications by Caltrans, ICBO, NICET, AWS, DSA or ACI, as appropriate, for soil, reinforced concrete, pre-stressed concrete, asphalt, structural masonry, and structural steel and welding.
Laboratory Testing Services• Soil• Concrete• Asphalt concrete• Aggregate bases• Masonry• Reinforcing and structural steel• High strength bolts• Specialty testing
Field Testing and Inspection Services• Soil compaction testing, grading compliance, and grading certification • Foundation excavation observation• Special Inspection of concrete, masonry, structural steel, shop and field welding, and spray-applied fireproofing• High strength bolt testing and inspection• Asphalt paving inspection• Nondestructive testing including DR-Meter of masonry and concrete• Asphalt, concrete, and grout mix designs
Project Experience
Presented below is a small sample of small and large-scale projects Earth Systems has performed in the last five years. Additional information can be provided if requested.
Project: LINE 4 DRAINAGE PROJECT 522-16Location: Palm Desert, CaliforniaAddress: Tamarisk Row DriveContact: Mr. Ryan Gayler, City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, CA, 92260, 760-346-0611Project Description: Project includes storm drain construction in three streets, and street rehabilitation on Tamarisk Row, including 7.5” aggregate base and 4.5” of asphalt concrete.Contract Amount: $48,629.00
Earth Systems City of Palm Desert / 3
On-Call Material Testing and Special Inspection Services
Scope of services: Earth Systems provided geotechnical testing services during construction including:• Compaction testing and observation during placement of engineered fill and utilities trench backfill.• Laboratory conformance testing of engineered fill and backfill materials.• Project management and preparation of required reports.Key Personnel: Kevin Paul, Mark Houghton, Steve ClantonCompletion Date: November 2019
Project: SOUTH AND NORTH MID-VALLEY PIPELINE CONNECTION TOSCANA COUNTRY CLUBLocation: Indian Wells, CaliforniaAddress: Toscana Country ClubContact: Michael Van, Toscana Land LLC, 76-225 Via Sovana, Indian Wells, CA, 92210, 760-404-1276Project Description: Project includes the construction of two ten inch plastic irrigation line connections from Coachella Valley Water District’s (CVWD) Wastewater Reclamation Plant (WARP-10) and cross Toscana’s westerly property line. The points of connections (POC) are estimated to be approximately 70 feet from the Toscana westerly property line. Maximum trench depth was about 25 feet. Contract Amount: $1,790.00Scope of services: Earth Systems provided geotechnical services during construction including:• Compaction testing and observation during placement of engineered utility trench backfill.• Laboratory conformance testing of engineered fill and backfill materials.• Project management and preparation of required reports.Key Personnel: Kevin Paul, Steve ClantonCompletion Date: December 2015
Project: EAGLE CANYON DAMLocation: Cathedral City, CaliforniaAddress: East Palm Canyon Drive near Perez RoadContact: Kent Allen, Riverside County Flood Control and Water Conservation District, 1995 Market Street, Riverside, CA 92501, 951-684-8409Project Description: Project includes the construction of an earth fill detention basin dam to control seasonal flash flood events within Cathedral City. Contract Amount: $306,601.00Scope of services: Earth Systems provided geotechnical and geologic services during construction including:• Geologic mapping of foundation areas and evaluation of the activity of unforeseen faults which were encountered within the dam foundation area.• Slope stability analysis of completed cut slopes and spillway cut slopes for unforeseen rock instability.• Oversight during remedial grading and collaboration with Division of Safety of Dams (DSOD) personnel on the adequacy of native alluvial foundation material and depth of over-excavation.• Compaction testing and observation during placement of engineered fill.• Laboratory conformance testing of engineered fill materials.• Project management and preparation of required reports for submittal to DSOD.Key Personnel: Kevin Paul, Steve ClantonCompletion Date: October 2015
Project: CITY OF INDIAN WELLS, HIGHWAY 111 IMPROVEMENTSLocation: City of Indian Wells, CaliforniaContact: Mr. Bondie Baker, City of Indian Wells, 760-346-2489Project Description: Project included rehabilitation of Highway 111 Contract Amount: $26,000.00Scope of services: Earth Systems provided Soils and Materials Testing Services during rehabilitation of Highway 111 (Compaction testing of subgrade, aggregate base, and asphalt concrete with laboratory conformance testing of soil, aggregate base, and rubberized asphalt concrete; and, geotechnical engineering oversight). Earth Systems also provided geotechnical engineering and engineering geology peer review services for geotechnical reports submitted to the City including professional engineer and geologist field services for verification of undocumented fill removals and rock fall hazards mitigation conformance.Key Personnel: Kevin Paul, Steve ClantonCompletion Date: November 2017
Earth Systems City of Palm Desert / 4
On-Call Material Testing and Special Inspection Services
4. Firm Staffing and Key Personnel
Team Qualifications and Professional Experience
Earth Systems recognizes that clients select geoprofessionals on the experience, strength, and
“fit” of the complete team. Most importantly, Earth Systems manages our core services with an
emphasis on developing an understanding of your needs. Therefore, this team is organized to
allocate the necessary testing services to expedite projects and remain proactive in the service
cycle. We have the distinct advantage of a Bermuda Dunes office coupled with experience from
associated offices within southern California, thus allowing for special assignments to be handled
by those Earth Systems individuals who specialize in each specific area.
Availability of Key Personnel
Earth Systems takes great care when assembling your Team. We select team leaders and staff
with the appropriate experience, background, and availability to fulfill your projects and schedule
requirements. Earth Systems has the required experienced personnel within our Bermuda Dunes
office to dedicate to your projects throughout your project duration. This Team is available to the
extent proposed for the duration of each project.
Kevin L. Paul – Associate Geotechnical Engineer
Mr. Paul has over 19 years of experience in the geotechnical engineering, materials engineering,
materials testing and inspection, and environmental services field. He was the geotechnical
engineer of record during the Eagle Canyon Dam construction in Cathedral City. He is also an
experienced Qualified Project Manager with responsibility of multi-million-dollar project fees.
Mr. Paul’s work includes direct contact with the client, consultants and public agencies; proposal
preparation, contract negotiation, coordination and preparation of project teams, direction of
fieldwork, personnel and equipment, laboratory testing and analysis, and report preparation such
that excellent client service is provided and client retention in assured.
Mark Houghton - Materials Testing/Inspection Supervisor
Principal-in-Charge, Project Manager
Mr. Houghton supervises construction testing and observation services for public works, military
projects, commercial and residential developments, water treatment facilities, wastewater
treatment facilities, and municipal buildings. Mr. Houghton is experienced in laboratory and field
testing, and inspection for soil, shotcrete, concrete, and asphalt placement. He has provided roller
compacted concrete design and quality control programs for Division of Dam Safety projects.
In addition, Mr. Houghton provides analysis and studies on stressed structures and materials,
including forensic testing, rehabilitation programs, and seismic damage studies.
Steven Clanton - Supervisory Field Technician/Laboratory Manager
Mr. Clanton has been involved with geotechnical testing, concrete sampling and testing, preparing
written reports and laboratory soils and materials testing for over 25 years. Mr. Clanton also
provides technician dispatch for soils, aggregate base, and asphalt concrete related projects. Mr.
Clanton has been providing dispatch for over 18 years. All technicians are equipped with company
provided smart phones for reachability. (909) 841-1285
Shane Schmidt – Special Inspector
Mr. Schmidt has been involved with geotechnical testing, materials testing, asphalt paving,
concrete sampling and testing, batch plant inspection, preparing written reports and laboratory
soils and materials testing for over 15 years.
Earth Systems City of Palm Desert / 5
On-Call Material Testing and Special Inspection Services
William Kennedy – Laboratory Supervisory
Mr. Kennedy has over 27 years of experience in materials testing. He has been involved with
geotechnical testing, concrete sampling and testing, preparing written reports and laboratory soils
and materials testing.
Additional technicians available to assist on this project include;
• Juan Nunez - Technician
• Jose Cruz - Technician
Resumes of key personnel can be found in the Appendices:
5. Proposed Method to Accomplish the Work
• Review project plans, specifications and Geotechnical report to gain thorough
understanding of materials to be used. Review of plans, specifications and reports shall be
performed in our Bermuda Dunes office by our engineer who provided public works plans
examination for other cities and departments. These reviews shall provide notification
of the conformance to construction documents and relevant codes as required by the
different projects.
• Recommend street structural sections and street rehabilitation alternatives. Street section
analysis can be performed to provide coring, logging, crack mapping, failure determination
and laboratory testing of the soil, bases, membranes and asphalt. These studies can
produce rehabilitation reports and data for the repair or adequate construction methods
for roadway development.
• Coordinate material testing activities and source inspections through the resident engineer.
Shop and source inspections will be provided upon request and coordination of in town
and out of town facilities. These services will include identification of materials, fabrication
procedure examination, component marking and tagging and shipment tracking.
• Conduct required tests for steel, concrete, soil subgrade, backfill, hot mix asphalt,
aggregate base and other materials used on individual projects. Our technicians are
Caltrans certified for soil, base and asphalt. Our inspectors are certified by ICC and AWS
and have been approved for Caltrans projects. The Bermuda Dunes laboratory is Caltrans,
AMRL, CCRL and ASHTO accredited.
• Observe methods used by contractor to place materials and notify Resident Engineer of
practices that may cause non-conforming test results. Quality Assurance and consultation
may be provided by our staff technician which each have a minimum of 15 years of
experience in their field of expertise. Their daily activities are overseen by a senior
Engineer on our staff. Together most issues can be documented and reported to the
Resident Engineer to assist in remediation of inadequate construction methods. Earth
Systems offers decades of experience and extensive Geotechnical knowledge within the
Coachella Valley.
• Maintain summary logs of material tests performed throughout the duration of each
project. Summary logs and tables with completed As-built reports are provided by Earth
Systems for the projects we provide observation and testing and are available upon
request.
Earth Systems City of Palm Desert / 6
On-Call Material Testing and Special Inspection Services
6. Fee Proposal
CITY OF PALM DESERT 2020 STANDARD FEE SCHEDULE
Earth Systems________________________________________________
79-811 Country Club Drive, Suite B | Bermuda Dunes, CA 92203 | Ph: 760.345.1588 | www.earthsystems.com
CITY OF PALM DESERT FEE SCHEDULE
(Effective through July 30, 2022)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering
geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for
services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon
request; fixed-fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a
specific project, please contact our office.
PERSONNEL Hourly Rate
Principal Professional ............................................................................................................................................. $209.00
Associate Professional ........................................................................................................................................... $185.25
Senior Professional ................................................................................................................................................ $166.25
Project Professional ............................................................................................................................................... $152.00
Staff Professional ................................................................................................................................................... $123.50
Special Inspector, Prevailing Wage* ...................................................................................................................... $114.00
Technician, Prevailing Wage* ................................................................................................................................ $109.25
Special Services/Caltrans Technician, Prevailing Wage* ....................................................................................... $112.10
Special Services Technician .................................................................................................................................... $106.40
Special Inspector ...................................................................................................................................................... $96.90
Technical Assistant and Drafter ............................................................................................................................... $91.20
Technician ................................................................................................................................................................ $93.10
Clerical/Administrative ............................................................................................................................................ $76.00
* Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.
BASIS OF CHARGES, GENERAL
1. Field technician services for regular work days for non- Prevailing Wage projects are subject to a 2-hour minimum charge
and billed in 2-hour increments portal to portal. Special inspection is billed in 4-hour increments. Over-time is billed in
1-hour increments.
2. Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in
one day) for personnel are at time and one-half; Sundays and holidays are at double time. Work performed on weekends,
holidays, and when work starts outside of regular business hours is subject to a 4-hour minimum charge.
3. Charges are calculated in one-hour increments and accumulate on a portal-to portal basis.
4. A 2-hour cancellation charge applies if scheduled inspection or testing is cancelled after 3 p.m. the day prior to the
scheduled work.
5. Mileage is invoiced at a rate of $0.90/mile (portal-to-portal).
6. Nuclear gauge charge: $14.25 per hour.
7. Subcontracted services, materials, rental equipment, out of town travel, and expenses are charged at cost plus 20
percent. Fixed per diem rates for specific projects can be provided upon request.
8. Minimum report charge: $152.00. Report copies: $28.50 each (minimum). Posting of electronic documents to project
websites will be charged at clerical/administrative services rate.
9. Invoices are payable upon presentation. Invoices thirty days past due are subject to a service charge of one and one -half
percent per month. Payments using a credit card will be assigned a 3% surcharge.
PREVAILING WAGE PROJECTS
1. Field technician services for regular work days for Prevailing Wage projects are subject to a 4-hour minimum charge, then
billed in 2-hour increments portal to portal. Special inspection is billed in 4-hour increments. Over-time is billed in 1-
hour increments.
2. The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial
Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to
adjustment. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can
vary for different classifications of work under prevailing wage regulations.
3. State regulations requires electronic submittal of Certified Payroll to DIR. A fee of $71.25/week will be assessed.
Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the
clerical/administrative services rates.
Earth Systems City of Palm Desert / 7
On-Call Material Testing and Special Inspection Services
CITY OF PALM DESERT 2020 STANDARD FEE SCHEDULE
Earth Systems________________________________________________
79-811 Country Club Drive, Suite B | Bermuda Dunes, CA 92203 | Ph: 760.345.1588 | www.earthsystems.com
CITY OF PALM DESERT FEE SCHEDULE - MATERIALS TESTING
(Effective through July 30, 2022)
BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the
Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional
hourly charge ($85.50/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted,
for steel samples.
SOILS
All prices are based on California and Modified California sample sizes (2” – 2.5” diameter) unless noted otherwise. Preparation
of 3” diameter samples add $19.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for
proper disposal.
Atterberg Limits: Liquid Limit or Plastic Limit................................................................................................................ $104.50
Atterberg Limits: Plasticity Index .................................................................................................................................. $223.25
California Bearing Ratio, 3 points; incl. ref maximum density ...................................................................................... $783.75
California Bearing Ratio, 9 points; incl. ref maximum density ................................................................................... $1,092.50
Consolidation, one dimensional .................................................................................................................................... $232.75
Consolidation, timed, per point ...................................................................................................................................... $66.50
Basic Corrosivity w/out Report (pH, Sulfate, Chl., Resistivity) ...................................................................................... $266.00
Direct Shear, per point, 3 points minimum .................................................................................................................. $261.25
Expansion Index Test ..................................................................................................................................................... $175.75
Maximum Density and Optimum Moisture: 4” Mold ................................................................................................... $209.00
Maximum Density and Optimum Moisture: 6” Mold ................................................................................................... $228.00
Maximum Density and Optimum Moisture: California Impact ..................................................................................... $228.00
Moisture and Unit Weight Determination, from ring samples ....................................................................................... $25.65
Moisture Only .................................................................................................................................................................. $19.00
Permeability Tests, constant head or falling head .................................................................................................... Per Quote
R-Value .......................................................................................................................................................................... $460.75
R-Value, CA State Hwy/set of 3, Cement, Lime, Other additives ................................................................................ $465.50*
Hydro Collapse Potential ............................................................................................................................................... $137.75
Hydrometer Analysis, assumed specific gravity, with 200 wash ................................................................................... $223.25
Sieve/Hydrometer Analysis, assumed specific gravity, w/200 wash............................................................................. $223.25
Sieve Analysis, Aggregate Base/Subbase ...................................................................................................................... $166.25
Sieve Analysis 200 wash only ........................................................................................................................................ $114.00
Sieve Analysis with wash ............................................................................................................................................. $161.50*
Sieve Analysis, Oversize Material .................................................................................................................................. $199.50
Specific Gravity .............................................................................................................................................................. $175.75
Swell Test, undisturbed ................................................................................................................................................. $175.75
Swell Test, remolded ..................................................................................................................................................... $223.25
Unconfined Compressive Strength, untreated .............................................................................................................. $156.75
Unconfined Compressive Strength, lime or cement treated material .......................................................................... $546.25
THERMAL RESISTIVITY TESTS
Concrete, 1 point w/moisture content (requiring special collection procedure) ................................................................... $209.00
Field Testing using Thermal Resistivity Meter ........................................................................................................................ $308.75
Soil, per moisture point, per sample ...................................................................................................................................... $256.50
Soil, 3 moisture points with dry‐out curve, per sample ......................................................................................................... $774.25
CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions ..................................................................................................................... $247.00
Absorption, Coarse Aggregate .................................................................................................................................................. $90.25
Absorption, Fine Aggregate .................................................................................................................................................... $133.00
Clay Lumps and Friable Particles in Aggregate ....................................................................................................................... $118.75
Cleanness Value of Coarse Aggregate .................................................................................................................................... $161.50
Crushed Particles, each size .................................................................................................................................................... $114.00
Durability Index, Coarse or Fine Aggregate ............................................................................................................................ $166.25
Earth Systems City of Palm Desert / 8
On-Call Material Testing and Special Inspection Services
CITY OF PALM DESERT 2020 STANDARD FEE SCHEDULE
Earth Systems________________________________________________
79‐811 Country Club Drive, Suite B | Bermuda Dunes, CA 92203 | Ph: 760.345.1588 | www.earthsystems.com
CITY OF PALM DESERT FEE SCHEDULE - MATERIALS TESTING
(Effective through July 30, 2022)
Flat and Elongated Particles in Aggregate .............................................................................................................................. $114.00
Organic Impurities in Fine Aggregate ....................................................................................................................................... $90.25
Potential Reactivity of Aggregated by Chemical Method, each size ................................................................................... Per Quote
Sand Equivalent ...................................................................................................................................................................... $133.00
Sieve Analysis, washed ........................................................................................................................................................... $161.50
Soundness, Sodium Sulfate, 5 cycles ...................................................................................................................................... $337.25
Specific Gravity, Coarse Aggregate ......................................................................................................................................... $133.00
Specific Gravity, Fine Aggregate ............................................................................................................................................. $133.00
Uncompacted Void Content of Fine Aggregate Angularity, w/fine Aggregate SG .................................................................. $228.00
Unit Weight of Aggregate ....................................................................................................................................................... $133.00
CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders ......................................................................................................................................... $32.30
Compression Test of Cored Samples, cored at laboratory ....................................................................................................... $90.25
Compression Test of cores delivered by others ....................................................................................................................... $76.00
Compression Test of Lightweight Concrete .............................................................................................................................. $36.10
Density of Concrete Cylinders .................................................................................................................................................. $71.25
Density of Hardened Concrete ................................................................................................................................................. $99.75
Flexural Strength, Simple Beam with Third Point Loading ..................................................................................................... $147.25
Grading of Shotcrete Cores .................................................................................................................................................... $152.00
Sample Storage, monthly per sample ....................................................................................................................................... $28.50
Shrinkage, set of 3 .................................................................................................................................................................. $399.00
Unit Weight of Lightweight Concrete ..................................................................................................................................... $104.50
Enviro. Recycling Fee, per cylinder, core or beam .......................................................................................................................$1.90
Enviro Recycling Fee, per flex beam ............................................................................................................................................$4.75
Enviro Recycle Fee/Form Stripping, per shotcrete panel/beam............................................................................................... $47.50
MASONRY
Absorption of Block, set of 3 .................................................................................................................................................. $147.25
Compression Test, 2” x 4” Mortar Cylinders ............................................................................................................................ $39.90
Compression Test, 3” x 3” x 6” Grout Samples ......................................................................................................................... $39.90
Compression Test on Block, set of 3 ....................................................................................................................................... $147.25
Compression Test on Grouted Prisms, includes cutting ......................................................................................................... $218.50
Compression Test on Masonry Cores ....................................................................................................................................... $76.00
Coring of Grouted Masonry by Subcontractor ................................................................................................................... cost + 20%
Masonry Shrinkage, set of 3 ................................................................................................................................................... $285.00
Moisture Content of Block as received, set of 3 ..................................................................................................................... $123.50
Shear Test on Masonry Cores, 2 faces .................................................................................................................................... $152.00
Specific Gravity and Unit Weight of Block, set of 3 ................................................................................................................ $166.25
Enviro Recycling Fee, per prism ...................................................................................................................................................$4.75
Enviro Recycling Fee, per mortar or grout sample ......................................................................................................................$1.90
FIREPROOFING
Fireproof Bond Test .................................................................................................................................................................. $76.00
Fireproofing Density Test ......................................................................................................................................................... $90.25
ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples .......................................................................................... $52.25
Compaction of Lab Samples, CA Kneading Compactor, set of 3 ............................................................................................. $399.00
Compaction of Lab Samples, CA Kneading Compactor, set of 5 ............................................................................................. $641.25
Compaction of Lab Samples, Marshall Method set of 3 –(50 blows/side) ............................................................................. $304.00
Compaction of Lab Samples, Marshall Method set of 3 –(75 blows/side) ............................................................................. $399.00
Extraction of Oil from A.C. Mixtures ....................................................................................................................................... $270.75
Extraction of Oil from Rubberized Mixtures ........................................................................................................................... $356.25
Earth Systems City of Palm Desert / 9
On-Call Material Testing and Special Inspection Services
CITY OF PALM DESERT 2020 STANDARD FEE SCHEDULE
Earth Systems________________________________________________
79-811 Country Club Drive, Suite B | Bermuda Dunes, CA 92203 | Ph: 760.345.1588 | www.earthsystems.com
CITY OF PALM DESERT FEE SCHEDULE - MATERIALS TESTING
(Effective through July 30, 2022)
Ignition Oven Binder Content, after initial correction value is determined ........................................................................... $185.25
Ignition Oven Binder Content Correction Value /mix design, average of 3 ............................................................................ $831.25
Ignition Oven Gradation Correction Value, per mix design ................................................................................................. Per Quote
Moisture Content ..................................................................................................................................................................... $52.25
Sieve Analysis of Extracted Aggregate .................................................................................................................................... $204.25
Sieve Analysis of Ignition Oven Residue ................................................................................................................................. $204.25
Specific Gravity, Theoretical Maximum, Rice Method ............................................................................................................ $147.25
Stability and Flow, Marshall Apparatus, set of 3 .................................................................................................................... $228.00
Stabilometer, Hveem S-Value, set of 3 ................................................................................................................................... $199.50
Enviro Recycling Fee, per sample ................................................................................................................................................$2.85
Enviro Recycling Fee for Extracted Oils..................................................................................................................................... $33.25
* Includes formal report of test results following 28-Day tests. Formal reports for earlier tests are subject to an additional $23.75 fee
REINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, sample preparation not included .............................................................................. $161.50
Pipe Flattening Test, sample preparation not included ................................................................................................ $161.50
Reinforcing Steel Coupler Tensile and Slip Tests ........................................................................................................... $304.00
Structural Steel Bend Test, sample preparation not included ...................................................................................... $166.25
Structural Steel Machining/Sample Preparation .......................................................................................................cost + 20%
Structural Steel Tensile Test, sample prep not included ............................................................................................... $166.25
Tensile and Bend Tests of Reinforcing Bar, #2 through #9............................................................................................ $152.00
Tensile and Bend Tests of Reinforcing Bar, #10 through #18 ................................................................................... Per Quote
Enviro Recycling Fee, per sample ...................................................................................................................................... $1.90
BOLT TESTS
Bolt Tests, chemical or mechanical ............................................................................................................................... $118.75
WELDER QUALIFICATION
AWS D1.1: 3/8” Plate, per position ........................................................................................................................... Per Quote
AWS D1.1: 1” Plate, per position ............................................................................................................................... Per Quote
AWS D1.3: Sheet Steel ............................................................................................................................................... Per Quote
AWS D1.4: Reinforcing Bar ........................................................................................................................................ Per Quote
ASME/API Pipe Sections ............................................................................................................................................ Per Quote
EQUIPMENT/CHARGES (Does Not Include Personnel)
110-volt Portable Electric Generator ...................................................................................................................... $99.75/day
Anchor Pull Test Equipment ...................................................................................................................................... $76.00/hr.
Bailer (disposable) w/dedicated rope ...................................................................................................................... $28.50/ea.
Concrete and Asphalt Concrete Coring Equipment................................................................................................. $99.75/day
Concrete Slab Moisture Transition Kit...................................................................................................................... $52.25/ea.
Conductivity Meter.................................................................................................................................................. $80.75/day
Cut-Off Saw ............................................................................................................................................................. $76.00/day
Double Ring Infiltrometer (per set) ....................................................................................................................... $147.25/day
Drum Dolly............................................................................................................................................................... $23.75/day
Drums ....................................................................................................................................................................... $76.00/ea.
Dynamometer, In-line Scale .................................................................................................................................... $52.25/day
Hammer Drill ........................................................................................................................................................... $52.25/day
Hand Auger/Sampler Equipment ............................................................................................................................ $52.25/day
Lock n, Load VOC Sample Pres. Sys. ......................................................................................................................... $23.75/ea.
Magnetic Particle Equipment .................................................................................................................................... Per Quote
Manometer ............................................................................................................................................................. $99.75/day
Mini-Troll Groundwater Level Transducer ................................................................................................................ Per Quote
Earth Systems City of Palm Desert / 10
On-Call Material Testing and Special Inspection Services
CITY OF PALM DESERT 2020 STANDARD FEE SCHEDULE
Earth Systems________________________________________________
79-811 Country Club Drive, Suite B | Bermuda Dunes, CA 92203 | Ph: 760.345.1588 | www.earthsystems.com
CITY OF PALM DESERT FEE SCHEDULE - MATERIALS TESTING
(Effective through July 30, 2022)
Nuclear Density Equipment, per hour ............................................................................................................................. $14.25
Paint Thickness Meter ............................................................................................................................................... Per Quote
Percolation Tank System and Trailer ..................................................................................................................... $247.00/day
Personal Protective Equipment Level C ..................................................................................................................... Per Quote
Pile Driving Equipment (for pile load testing) ....................................................................................................... $807.50/day
Pile Load Testing Equipment ................................................................................................................................. $522.50/day
Pulse Velocity Meter ............................................................................................................................................... $99.75/day
Rebound Hammer (Schmidt Hammer) .................................................................................................................... $52.25/day
Reinforcing Steel Locating Equipment (DR-Meter) ................................................................................................. $76.00/day
Relative Humidity Meter ......................................................................................................................................... $52.25/day
Safety and Specialty Equipment ................................................................................................................................ Per Quote
Sampling Consumables ............................................................................................................................................. Per Quote
Skidmore Bolting Calibration Equipment .............................................................................................................. $199.50/day
Slope Inclinometer Equipment, per hole .................................................................................................................. Per Quote
Soil Sampling Containers (metal) ............................................................................................................................. $19.00/ea.
Soil Sampling Containers (glass) ................................................................................................................................. $4.75/ea.
Tape Extensometer ................................................................................................................................................... Per Quote
Tension Equipment ................................................................................................................................................. $52.25/day
Torque/Tension Equipment .................................................................................................................................... $61.75/day
Water Level Indicator .............................................................................................................................................. $47.50/day
Per Diem ................................................................................................................................................................ $166.25/day
DIR Compliance/eCPR, per week ..................................................................................................................................... $76.00
DSA Box Posting, ea. ...................................................................................................................................................... $142.50
DSA Lab Compliance, per week ....................................................................................................................................... $47.50
Vehicle Mileage Charge/mile ............................................................................................................................................ $0.90
Earth Systems City of Palm Desert / 11
On-Call Material Testing and Special Inspection Services
7. Appendices
a. Litigation
Earth Systems is financially sound and stable. The Earth Systems has provided a full range of expert
services since 1969 and has consistently been named in the Engineering News Record (ENR) as
being among the top 500 engineering and design firms in the nation. There are no financial issues
pending or otherwise which should materially interfere with Earth Systems abilities to perform the
services as set forth in the proposal or which should materially affect the financial condition or
well-being of this Company. Earth Systems has no significant prior ongoing contract failures, nor
any civil or criminal litigation or investigation. There is no negative history. This representation is
made based upon the information available to the undersigned as of this date.
Earth Systems Resume
Kevin Paul Associate Geotechnical Engineer
Mr. Paul has over 16 years of experience in the geotechnical engineering, materials
engineering, materials testing and inspection, and environmental services field. He
is also an experienced Qualified Project Manager with responsibility of multi-million-
dollar project fees. Mr. Paul’s work includes direct contact with the client, consultants
and public agencies; proposal preparation, contract negotiation, coordination and
preparation of project teams, direction of fieldwork, personnel and equipment,
laboratory testing and analysis, and report preparation such that excellent client
service is provided and client retention in assured.
KEY QUALIFICATIONS
His geotechnical engineering experience includes being the geotechnical
engineer for utility transmission lines, pipelines, railroads (AREMA), roadways
(city, county, and Caltrans), airports, helipads (FAA and military design), bridges
(city, county, and Caltrans), hospitals, schools, nursing homes (OSHPD and DSA
oversight and review), large industrial complexes, commercial and residential
developments, power transmission towers, solar-arrays, mining, military offices
and hangers, deep excavation, dewatering, parking structures, pavements,
storage tanks, slope stability and liquefaction studies. Mr. Paul has also been the
materials engineer for many varied Special Inspections including cast-in-place
caissons, and engineering review of teams of special inspectors overseeing
concrete, rebar, masonry, high strength bolting, and welding operations. Mr.
Paul is the Engineer-of-Record for the Earth Systems Perris and Bermuda Dunes,
California laboratories in regard to AASHTO Materials References Laboratory
(AMRL) and Cement and Concrete Reference Laboratory (CCRL) accreditation,
California Department of Transportation (Caltrans) certified laboratory, and
Division of State Architect (DSA) Laboratory Evaluation and Acceptance (LEA)
programs.
RELEVANT PROJECTS
• Amistad High School, Desert Sands USD. Supplemental geotechnical
engineering report for evaluation of stone columns and lateral spreading
hazard. Acted as senior geotechnical engineer.
• Air National Guard, Predator Aircraft Beddown Hanger, Victorville,
California. Geotechnical Engineer of Record for a new Predator Aircraft
Hanger and facility for the Air National Guard. Reports were prepared
under Unified Facilities Criteria, Army Corps guidelines.
• Union Pacific Railroad, HDR Engineering, Auto Facility Expansion, Mira
Loma, California. Geotechnical Engineer of Record for a Union Pacific
Railroad administration building, railroad track realignment, steeped fill
slopes, and auto facility storage parking area in the City of Mira Loma,
California.
• San Bernardino County Flood Control District, FEMA Levee Certification,
Phase 2, Non-Federal Levee Certification Project. Geotechnical
Engineer of Record during Phase 2 of the FEMA certification process for
non-Federal levees for San Bernardino County Flood Control District to
evaluate, from a geotechnical standpoint, whether the levees meet or
exceed the current FEMA requirements for levee certification.
• Riverside Public Utility and Southern California Edison. Acted as
Geotechnical Engineer of Record for the design of new 69kV and 220kV
transmission substations and power transmission lines throughout the city
of Riverside, California.
• Various Utility Scale Solar Plants. Acted as Geotechnical Engineer of Record
for the design and construction of various utility scale solar photovoltaic
systems (solar arrays) which will provide solar derived power. The arrays
are located in central and southern California, and Arizona, and total over
10,000 acres combined.
REGISTRATIONS AND CERTIFICATIONS
Registered Professional Engineer
(Geotechnical), State of California,
(No. 2930)
Registered Professional Engineer (Civil),
State of California, (No. 70084)
Registered Professional Engineer (Civil),
State of Arizona, (No. 53526)
Registered Professional Engineer (Civil),
State of Nevada, (No. 22338)
EDUCATION
B.S., Civil Engineering, Ryerson
Polytechnic University, Toronto, Canada
Licensed Radiation Safety Officer
OSHA 40 Hour safety trained
Loss Prevention System (LPS) Program
Trained
Exxon Mobil Oil Corporation, Loss
Prevention System Safety Program
Trained
Personal Leadership Essentials, 16 Hour
Course
AWARDS
Excellence Award for Major Retail,
Commercial and Industrial Project
Excellence, Technical Training Seminar,
Best Project/Project Management
for 75-million-dollar renovation of
the Galleria at Tyler Mall in Riverside,
California. Company Fees over $1.5
million.
2016 ASCE Flood Control California
Project of the Year, Eagle Canyon Dam
and Debris Basin
PROFESSIONAL AFFILIATIONS
Lifetime Member, Golden Key
International Honor Society
EMAIL
kpaul@earthsystems.com
Earth Systems Resume
Mark Houghton Materials Testing/Inspection Supervisor, Principal-in-Charge, Project Manager
Mr. Houghton supervises construction testing and observation services for
schools, colleges, hospitals, military projects, commercial and residential
developments, wastewater treatment facilities, and municipal buildings. Mr.
Houghton is experienced in laboratory and field-testing, and inspection for soil,
shotcrete, concrete, and asphalt placement. He has provided roller-compacted
concrete design and quality control programs for Division of Dam Safety
projects. In addition, Mr. Houghton provides analysis and studies on stressed
structures and materials, including Forensic testing, rehabilitation programs,
and seismic damage studies. Mr. Houghton is intimately familiar with DSA
inspections and submittal requirements as well as “Box” and inspection card
programs.
KEY QUALIFICATIONS
• ACI Concrete Testing Technician, No. Level I – February 1987
• NICET, Construction, Lab, Exploration, No. Level III – March 1992
• ICBO Reinforced Concrete, No. 77106 – November 1994
• Hazardous Waste Operations, February 1994
• NRMCA Pervious Concrete Technician – October 2007
• NRMCA Approved Plant Inspector – November 2008
RELEVANT PROJECTS
• 5 Tower Sites – Patriot Towers – Forensic Structural Evaluation
• Shadow Hills High School – DSUSD – Materials Testing and
Inspections
• Shadow Hills High School Stadium – DSUSD – Forensic Structural
Evaluation
• Fox Theater Riverside - City of Riverside - Forensic Structural
Evaluation
• Desert Regional Medical Center – DRMC– Materials Testing and
Inspections
• Thousand Palms Fire Technology Center – County of Riverside
• Eisenhower Medical Center – EMC– Materials Testing and
Inspections
• Performing Arts Center Temecula Valley High School - Forensic
Structural Evaluation
• Avenue 52 Bridge – Granite – Materials Testing and Inspections
• Fred Waring Bridge – Granite – Materials Testing and Inspections
• Embassy Suites Hotel – Santa Rosa Plaza – Materials Testing and
Inspections
• Pabco Solar Field Nevada – Access Consulting – Foundation Test
Development
• E Solar - Foundation Test Development
• Superior Ready Mix – Plant Certification
• Palm Springs Tramway Upgrade - Materials Testing and Inspections
• Larson Justice Center – County of Riverside - Materials Testing and
Inspections
• Littlerock Dam (CA) Roller-Compacted Concrete Testing
REGISTRATIONS AND CERTIFICATIONS
ACI Concrete Testing Technician, Levels
I and II
NICET, Construction, Lab, Exploration,
Level III
ICBO Reinforced Concrete, No. 0845226-
88
ICBO Reinforced Masonry, No. 0845336-
84
CGEA CET No. 193
EDUCATION
Antelope Valley College
Lancaster, CA
NRMCA Pervious Concrete Technician
Training
OSHA 40-Hour Safety Trained
Loss Prevention System Program Trained
American Concrete Institute
Troubleshooting Concrete Construction
Training
California Geotechnical Engineers
Association Technician Certification
Program
PROFESSIONAL AFFILIATIONS
International Conference of Building
Officials (ICBO)
American Concrete Institute (ACI)
California Geotechnical Engineers
Association (CGEA)
National Institute for Certification
Engineering Technologies (NICET)
National Ready Mixed Concrete
Association (NRMCA)
EMAIL
mhoughton@earthsystems.com
Earth Systems Resume
Steve Clanton Supervisory Field Technician/Laboratory Manager
Mr. Clanton has been involved with geotechnical testing, concrete sampling
and testing, preparing written reports and laboratory soils and materials
testing.
KEY QUALIFICATIONS
• ICC – Soils Inspector 8045991-EC
• ACI Concrete Field Testing, Technician Grade 1
• 40 Hour Hazardous Waste Worker
• 24 hour First Response Operations Level
• Radiation Safety and Nuclear Gauge Certification
• California Geotechnical Engineers Association-Loss Prevention
RELEVANT PROJECTS
• Palm Springs High School – Palm Springs Unified School District
• Temescal Valley Elementary School – Corona-Norco Unified School
District
• Harada Elementary School – Corona-Norco Unified School District
• Indio Elementary School #3 – Desert Sands Unified School District
• Country Club of the Desert Golf Course – Country Club of the Desert
• Indian Ridge Golf Course – Sunrise Company
• Mirada Estates – Stroker Construction
• Heritage Palms Country Club – Lennar Homes
• Heimark District Center – Anheuser Busch
• Desert Regional Airport off site improvement
• Heart Institute – Heart Institute of the Desert
• City of Cathedral City Parkway Structure – City of Cathedral City
• Eagle Canyon Dam - Cathedral City
• Desert Palisades Development - North Palm Springs
• Toscana Country Club - Indian Wells
• Murrieta Road Resurfacing - Menifee
• Highway 111 Improvements - Indian Wells
REGISTRATIONS AND CERTIFICATIONS
ESSW Laboratory Testing Technician –
Grade 1 (Certification)
California Department of Transportation
(Certification)
International Code Council
Soils Special Inspector (Certification)
EDUCATION
High School 1992
EMAIL
sclanton@earthsystems.com
Earth Systems Resume
Shane Schmidt Special Inspector
Mr. Schmidt has been involved with geotechnical testing, materials testing,
asphalt paving, concrete sampling and testing, batch plant inspection,
preparing written reports and laboratory soils and materials testing for over
15 years.
KEY QUALIFICATIONS
• ACI Concrete Field Testing, Technician Grade 1
• ACI Concrete Strength Testing Technician
• Arizona Technical Testing Institute Field Technician
• Certified Cal-Trans Field Technician
• Radiation Safety and Nuclear Gauge Certification
• Radiation Safety Officer for Nuclear Gauges
• California Geotechnical Engineers Association loss prevention
• OSHA General Industry Safety & health, 30 hr. course
RELEVANT PROJECTS
• Horizon Alternative Education Complex – Desert Sands USD
• Temescal Valley Elementary School – Corona-Norco USD
• Palo Verde High School – Palo Verde USD
• Toscana Country Club – Sunrise Co.
• Terra Lago –SunCal Companies
• Outdoor Resort Motorcoach - & Spa – Outdoor Resorts
• Heritage Palms – Lennar Group
• Hiemark District Center – Anheuser Busch
• McCarran International Airport Las Vegas NV runway improvements
• Betty Ford Children’s Pavilion
• Lucy Curci Cancer Center
• JFK Hospital
• North Baja Pipeline Project Ehrenburg Compressor Station
• Chukawalla Valley State Prison Central Chiller Plant & Associated
Pipe Loop
• Indio High School Modernization
• Palm Springs High School Auditorium Renovation
• Coachella Valley Unified School District Education Support Complex
REGISTRATIONS AND CERTIFICATIONS
ESSW Laboratory Testing Technician –
Grade 2
Nuclear Gauge Safety and Training
1999
Radiation Safety Officer for Nuclear
Gauges
2007
ACI Concrete Field Testing Technician
ID: 00018821
ACI Concrete Strength Testing Technician
ID: 00018821
California Department of Transportation
Field Technician 2014-2016
Arizona Technical Testing Institute (ADOT)
Field Technician 2013-2018
EDUCATION
High School Diploma
EMAIL
sschmidt@earthsystems.com
Earth Systems Resume
William Kennedy Laboratory Supervisor
Mr. Kennedy has over 27 years of experience in materials testing. He has been
involved with geotechnical testing, concrete sampling and testing, preparing
written reports and laboratory soils and materials testing.
KEY QUALIFICATIONS
• Provides proper protection, handling and storage of project
materials samples.
• Performs all laboratory testing and operations in accordance with
appropriate standards and testing procedures.
• Supervises lab technicians providing quality control and quality
assurance of all laboratory operations.
• Maintains all laboratory and testing equipment, which includes
routine and annual calibrations, by an outside service.
• Authors laboratory testing and inspection reports.
• Receive and Log in incoming samples and assign personnel for
testing.
RELEVANT PROJECTS
Performed soils and materials testing for various roadway improvements,
underground utilities and municipal facilities including:
• Palm Springs Airport, Palm Springs, CA
• Bermuda Dunes Elementary School, Bermuda Dunes, CA
• Highway 86 Improvements, Coachella, CA
• El Mirador/Desert Hospital Expansion, Palm Springs, CA
• Bay Area Light Rail System, Mountain View, CA
• Stockton Sewer Expansion, Stockton, CA
• Palm Canyon Rubberized AC Overlay, Palm Springs, CA
CERTIFICATIONS
Radiation Safety and Nuclear Gauge Use,
1991
ESSW Laboratory Testing Technician –
5/5/2015
ACI Aggregate Testing Technician – 2013-
2018
ACI Concrete Strength Testing Technician
2013-2018
ACI Laboratory Testing Technician 2013-
2018
Cal-Trans Certification in CTM 105 and
201
NICET National Institute for Certification
in Engineering Technologies Level I –
2016 -2019
EMAIL
wkennedy@earthsystems.com
Earth Systems City of Palm Desert
On-Call Material Testing and Special Inspection Services
c. Changes to Agreement
3.2.10.4 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. However, general job site safety and
responsibility remains the contractor’s responsibility. In carrying out its Services, the
Consultant shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the work and the conditions under which the
work is to be performed.
3.2.11.2 Other Provisions or Requirements.
(F) Waiver of Subrogation. All general, auto and WC
insurance coverage maintained or procured pursuant to this agreement shall be endorsed
to waive subrogation against the City, its elected or appointed officers, agents, officials,
employees and volunteers, or shall specifically allow Consultant or others providing
insurance evidence in compliance with these specifications to waive their right of recovery
prior to a loss. Consultant hereby waives its own right of recovery against the City, its
elected or appointed officers, agents, officials, employees and volunteers, and shall require
similar written express waivers and insurance clauses from each of its subconsultants.
3.2.12 Water Quality Management and Compliance. [Not applicable to this Consultant,
and Services.] Consultant shall keep itself and all subcontractors, staff, and employees fully
informed of and in compliance with all local, state and federal laws, rules and regulations
that may impact, or be implicated by the performance of the Services including, without
limitation, all applicable provisions of the City’s ordinances regulating water quality and
storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the
California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any
and all regulations, policies, or permits issued pursuant to any such authority. Consultant
must comply with the lawful requirements of the City, and any other municipality, drainage
district, or other local agency with jurisdiction over the location where the Services are to
be conducted, regulating water quality and storm water discharges. Failure to comply with
laws, regulations, and ordinances listed in this Section is a violation of federal and state
law. Consultant warrants that all employees and subcontractors shall have sufficient skill
and experience to perform the work assigned to them without impacting water quality in
violation of the laws, regulations and policies of this Section.
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant
shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials,
officers, employees, volunteers, and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind,
in law or equity, to property or persons, including wrongful death, in any manner to the
extent arising out of, pertaining to, or incident to any negligent acts, errors or omissions,
or willful misconduct of Consultant, its officials, officers, employees, subconsultants or
agents in connection with the performance of the Consultant’s Services, the Project or this
Agreement, including without limitation the payment of all expert witness fees, ,reasonable
attorney’s fees and other related costs and expenses not to exceed the Consultant’s
proportionate percentage of fault, except such loss or damage caused by the negligence or
willful misconduct of the City. Consultant’s obligation to indemnify shall survive expiration
or termination of this Agreement and shall not be restricted to insurance proceeds, if any,
received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
Sladden Engineer�ng
45090 Go1f Centcr P:�rkway, Suite F, Indio, CA. 92241 {7b(i) 863-0713
6782 Stanion Avenue Suitc C, F3uenh Park, CA 90621 (714) 523-4952
45(7 Egan Avenue, I3eaumont, CA 92223 (9�1} 845-7743
www.Sladdcnengineering,com
July 13, 2�20 SPD 2D-D7-�31
City of Palm Desert
7351 D Fred Waring Drive
Palm Desert, California 92260-2578
I'roject: On Call Materials Testii�g & Special Inspection Services
Palm Desert, California
Sladden Engineering is pleased to submit tlle attached summary of qua3ifications and proposal to
pravide construction Materials Testulg and S�ecial Inspectioli services far the City of Pa1m
Des�rt, Califarnia on an "On Cal]" �asis.
Sladden Engineering has been providing geotecluucal and construction materials testing services
and special inspectian services since it was founded in 19�9 and has pro�en experience with
thousands of projects througho�at Southern California. 1-1avulg per£ornled construction materials
testing and special inspection services on hundreds oE projects withi�l ti�e Coachella Valley aild
the City of Palm Desert, Sladden �ngineering is uniquely qualified to provide the necessary soil
and canstruction rnaterials testing services.
As Principal Engineer, lang time Palrn Desert resident Srett I�. Anderson will be responsible far
ma�Zaging and oversight of the materials testing and special Snspection services to be provided by
Sladden Engineering on an on call basis. The worl< will be managed out of the local Indio oEfice
{760)863-0713
Sladden Engineering appreciates d1e opportunity fo provide the O� Call Constructian Materials
Testing and Special I�Zspecfia3l services requested far the City of Palm Desext.
If you have at�y questions regardrng this submittal or the capabilities of Sladden �ngineering,
please coa�tact the undersigned
Sladden Erigineering
www. Slacfdene�igi►z eerifzg. coiAz
Respectfully Submitteci,
SLADDEN ENGINEERYNG
Sladden Engineer�ng
4509d Galf Center Pa�kway, Suite F, Indio, CA 92201 {7bD) 863-0713
6782 Stanton A�enue, Suite C, T3ueoa Park, C'A 90621 (714} 523-0952
450 Egan Avenue, Beaumcmt, CA 92223 (951) 845-7743
www. sladdenezigineering.conn
]uly 13, 202D
City of Palm Desert
73510 Fred Warulg Drive
Palm Desert, California 92260-2578
Project:
Subject:
On Call Materials Testing & S�ecaal I�ispection Services
Palm Desert, California
Certification af Proposal
SPD 20-07-431
The undersigned hereby submits this proposal and, by doing so, agrees to furnish services to the
City ir� accordance with the Request far ProFasal (RrT') and to be bound by the terms and
conditions of the RFP.
We lool< forward to warking witfl you on your projects. If you have any questions, please contact
this office at (76D) 863-0713.
Res�ectfully submitted,
SLADDEN ENGINEERING
B �� - •
y � ��
Signatur
Name IJ�� !� - �/�r.s c� �
Pru1t
Title
�re s � r,�O �. �"
Date � f f�� Z d
SLADDEN ENGINEERING
BACKGItOUND AND OFFICE INFOIZMATION
Sladden Engineering is a geotechnical engineering and geological consulting firm initially
founded in I959. Sladden �ngineering expanded into the Coachella Valley in 1996. Sladden
Engineexing has a long history as a highly respected geotechnical consulting and materials
testing firm that has been proven with the completion of thousands of successful projects
throughout Southern California. Sladden Engineering's extensive project expexience along with
our highly qualified and experienced pxofessionais and our multaple office iocations throughout
Southern California allows us to meet the diverse asid expanding needs of our clients. SIadden
Engineering has completed hundreds of public works projecEs �vith numerous municipalities
inciuding numerous previous projects for fhe City of Palm Desert.
Our Caltrans certified geotechnical and soil material testing laboratory offers comprehensive
testing services that enable our firm to provide timely and accurate test results.
Sladden Engineering has on staff three professional engineers, two professional geologists, two
and numerous highly experienced technicians and Tnspectors.
Office Lacatzans and Cantacts
Los Angedes I Orange Caunt f— Mr. Fra�zk Garman
6782 Stanton Avenue, Suite C
Buena Park, CaJifornia 90621
Phone: (714} 523-0952
Caache2la Vadley —Indio — Mr, Brett L. Andersan
45040 Golf Center Parkway, Suite F
Indio, California 422D1
I'hone: {760} $63-0713
Fax: (76D} 863-0847
Beaumanf —Mr. Mattheiu J. Cahrt
450 Egan Avenue
Beaumont, California 92223
Phone: (451) 845-7743
Fax:(951)845-8863
Sladden Engineering
�
Sladde�a
Engine��i��
Sl�dden
Engineering
pro��des a
complet�, but
focused graup
D� 5�!'VICB5 �O
assist with
geot�chnicai,
g�ological and
ma�erlal
testing far
d�velapr�ents
a nc!
construc�ian,
SERVICES
Sladden Engineering has provided comprehensive geotechnical engineering services for
a wide spectrum ofi eivil engineering prajects. Sladden �ngineering assists governmental
ag�ncies, develapers, conskruction managers, and other design professionals from the
preliminary design phases of a dev�lapmen# through construction. Our compEete scope
of services p�ovides our ciienfs with consistency and continuiky throughouk fi�e
development and constructior� process.
� �4�!�'�'���
_ � ��;�i.�' ;���`r�""�'-�r� :y , . � ,
;��. �;; i � _;�
,._...r.---- _ �� „ ,� ;
,� � � ��., ;��, f
-��; ,
�' � LL y� ,�'.
� ��• � � •j �•
a � •
W
i, - -
• �...,'
• s
�
White�vater Storm Channel s3ope protection, La Qu'srita, Calif'c�rnia
-S-
.�� _ ► _ . ����
- ` - �i'`'+.� . �-,- `• �' '
��-.' '��. "�ti �'a ��`-�. ��.
4i '1 �
� � V.. �. ; �:.1 ii` _ . . ..
I .�
' T •y.�.�+•' .
�y ` � a�l
Sdatenaent of Qesalifacatior�s �
Ver10.3
�
S�adde��
Engine���-�r��
Materiais
Testing and
Special
Inspection
Ser�ices
Inspection and
7esting for:
• Structural
Concrete
• S�rurtural
Masonry
• Structural
St�ei
+ �ost-tension
Concrete
• Fire�araafing
• Welding
• Hig�3
Str�ngi:h
Baltii7g
• Non-
D�Str�.ictive
�x�mii�a�ic�n
(No€��)
• Labor�Tory
iestinr�
MATERIAL TESTING S� SPECIAL
INSPECTION SERVICES
5kad�en Engineering offers proven expertise and compreher�sive materials testing and
inspection services. We are highly qualifed in fhe procedures for special inspection and
materials testing as established by American Society for Testing and Materials (ASTM),
International Conference af Building O�cials �IGBO}, California Building Code (C�C),
and Uniform Building Code (UBC), as well as local re�uirements.
With one af the oldest City of l.as Angeles kicensed soil engineerir�g Ea�Ooratories,
Sladden Engineering has extensive experience in commonly used soil and �naterial
t�sting �rocedures. The addition of our state of the art laboratory facility in Beaumont
has provided an oppor�unity to expand material testing capabilities. Our laboratory
techniciar� sand field personnel hold muftiple Caltrans certifications.
-13-
S'taiement nf Qt�alrficutzons �
Yer10.3
-�
Sladder�
Eng�ne������
MATERIAL LABORATQRY APPROVALS
Sla�den Engir�eering's Maferials Laboratory has received certificatian as a testing
agency for soils, construction materials and concre#e compression #esting for the City of
Los Angeles and the Caaifornia Depar�ment of Transportation {Cattrans). See attached
certificates.
Sladden Engineering 1�as been certified by Caftrans to perform the following testing;
.
.
.
.
,
.
.
.
.
.
.
.
.
CT 305 Calculations Pertaining to Gratling and S�ecifc Gravities
CT 106 Definitions of Terms Relating to Specific Gravity
CT 125 Methods for SamplEng Highway Materials and Products iJsed in the Raadway 5tructural
5ections
C� 2�1 Methad af Soil and Aggregate Sample Preparation
CT 202 Method af Tests for Sieve Analysis of Fine and Coarse Aggregates
C7 204 Methatl af Tests for Liquid Limit, Plastic Limit and Plast'scity Index of Saifs
CT 205 Method of T�sE for Determining Percentage a€ Crushed Particles
CT 206 Method of Test for Specific Gravity and Absarption of Coarse Aggregate
CT 207 Method of Test fnr 5peciiic Graviiy and Absarption af Fine Aggregate
CT 208 Method of Test for Apparent Specific Gravity o# Fine Aggregate
C7 216 Method af Test Far Relative Compaction of Untreated and 7reated Soi1s and Aggregates
CT 217 Method af Test Sand Equivalent
CT 226 Method for Defermining Moisture Content by �ven l7rying
C7 23� method of Test for Relative Ca�paction of Lintreated and Treated Soils and Aggregates
by the Area Concept Utilizing Nuclear Gages
GT 234 Methooi of Test for Uncampacted Void Content of Fir�e Aggregate
CT 235 Method of Tesf for Percentag� of Flat and Elongated Particles in Coarse Aggregate
CT 301 Method for Determining the Resistance "R" Value of Treated and Untreafed Bases,
5ubbases, and Basement Soiis by the 5tabilnmeter
CT 304 Methoa of Preparation af Bitumi�ous Mixtures for Testing
CT 308 ENeti�od o€ Test Bulk 5pecific Gravity and Densiiy of Bituminous Mixtures
CT 3a9 Theoretical Maximum 5�ecific Gravity and Density o# 8ituminous
Paving Mixtures
C7 366 Method of Test far Stabilometer V�lue
CT 367 Melhod for �etermining Opfimum 8�tumen Cantent (OBC)
CT 370 Method of Determining MoEs#ure Content af 8iluminous Mixtures or Graded Mineral
Aggregates Using Microwave Ovens
CT 371 Method of Test for Resistance of Compacted Bituminous Mixture to Moisture Induced
Damage
CT 3$2 Determination of Aspf�a�t Binder Content o# Bituminaus Paving Mixtures by the Igniiian
Methad
CT 521 Mefhod of Test for Compressive Strength af Molded Con�rete Cylinders
C7 539 Meti�otl of Test for SampGng F'resh Concrete
Sladtler� Engineering is constantly adding new test capabilities ir� its Makerial
Laboratories. Pl�ase call one of the Beaumont Office for a current list a� test
capabilities,
-28-
Stalement of Qrralificatinns �
Tjer�I C1.2
SIA❑ TL-0113: CALTRANS ACCREDITATtON LABORATORY lNSPEC�fiQ� R�PORT
STATE OF CALiF�R�VIA
DEPARTMENT OF
TRANSP�RT�►TIaN
CALTRANS ACCREDITATiO�I LABOFt/aTOFZY INSP�CTfON R�PORi'
-04�2i
, , e Yenjai
iA �Vc�,: 93
Phor�e: 916-247-1911
R5P �: 393
Fo3e: Material Category 50D
Laborato� u: Sladden Engineering
Address: 450 Egan Avenue Beaumont CA, 92223
Lah QC Mar.: Terry Bridenstir�e
E-mail: tbrid�nstine@sladdenengineering.cvm
Telephon e: 951-845-7743
Fax #.: 951-845-5563
CT 105
CT 125 HMA
CT 206
CT 226
CT 3D9
CT 3i4
CT 521
CT 106
G�' 201
C� 207
GT 229
CT 304
CT 371
CT 539
CT 'f 25 AGG
CT 202
CT 208
CT 231
GT 308
CT 3$2
CT 54D
CT 125 GEN
CT 205
CT 2i7
CT 235
c� sss
CT 518
CT 557
A �isuai check wa§ pertormed and documents pro�ided as necessary for the following items:
✓ Facility Safety Manual
,/ Laboratory Procedures Manual
,/ Laboratory Quali#y Control Manual
✓ Praper test equipment
On 2020-05-19 , this laboratory was Caltrans Quaiifisd by:
SEftEE YEIVJAf, IA#93
(Printed name of IA person)
A certitied Independent Assurance {IA) visited this
lai�oratory on 2020-05-�9
Only the equipment to be used on Cal#rans Construction
projects and/or ioca! ennstruction projects on the
National Fligi�way System was checked for qualification.
At khe time of Ca�trans Accreditation, this laboratory had
all necessary equipment to p�rForm the test methads
indicated balow.
Testing personnel shail be Caltrans Qualified and
possess a current Caltrans Certifrcation Form TL�D111
or AASHTq proficiency Farm TL-0115 priar to
�aerforming any sampfing or testing,
CT 125 CEM
CT 204
CT 216
CT 234
CT 309
CT 5p4
CT 556
✓ Copies of current applicable test procedures
✓ Cafibra#ion and service documentation
J Calibration stickers affixed to test equipment
(dated within the 't2 months)
_ '-- -- {\ - -.���_,� � -
(Signature o�l�person)
P�ease verify lab accreciitation by �isiting SIAD website: https:llsia.dot.ca.govl
�age 111
i
Sladden �ngineering
45090 Golf Center Parkway, Suite [` �ndio, CA 92201 (760) 863-0713 I+ax (760) $b3-0847
G782 Stantan Avenue, Suite C, Buena �'ark, CA 90621 (71�3) 523-0952 Fax (714} 523-1369
450 �gan Avenue, }3eaumont, CA 92223 (951) 845-7743 Fax (951) 845-8863
www. sEaddenengineering. com
J�ty Y3, 2020
Related Work Experience — CXty of Palrn Desert - On Call Services
The following list of recent and ongoing reIevant public works project experience are provided as a part
of our qualifications and work pxoposal submittal.
Recentl� Completed and/or Oz�goxng ReIevant Projects:
Monterey Avenue Pavernent Reconstzuction — PaIm Desert, CaIifornia
Alessandzo Alley Improvements — PaIrn Desert, California
Beaumont Avenue Pavement Recoz�stzuctxon — Beaumont, California
Cantact: Mr. Robert Vestal {951) 769-8522
City of Arcadia 2019-2020 Pavernent RehabiIitation Proj ect -- Arcadia, California
Contact: Mr. Jan ]3alanay {b2b) 254-2726
�.a Palrna Avenue Pavement Recoz�struction — Buena Park, California
Contact: Mr. Teddy Luong (714} 562-3500
Hi-Desert Wastewater Reclamation FacitiEy -� Yucca VaIley, California
Contact: Mr. Dave O' Dear - W.M. Lyles Construction (451) 973-7393
EMWD Mozeno ValIey Wastewater RecIamation Facility — Moreno VaIley, California
Contact: Mr. Abdiel Picazo, Jr. - Easkern Municipal Water District (951) 928-3777
SLADDEN ENGINEERING PERSONNEL
Sladden �ngineering will service the City of Palm Desert projects from Ehe Indio offiCe with
support from the Beaumont office as needed. Although the majority of the work for the City of
Palnn Desert wi11 be performed by local personnel, all of the listed pexsonnel will be available far
service to this project. Resumes of our Key Personnel are attached.
Key personnel for the City of PaTm Desert projects include:
�'rincipal Engineer:
Mr. Brett Anderson
Supporting Engineers:
Mr. Franlc Gorman
Dr. John Nielsen
Certified Engineering Geologist:
Mr. Matthew J. Cohrt
Pro£essional Geoiogist
Mr, James W. Minor ITI
Project Manager:
Mr. Srett Anderson
Laboratory Manager:
Mx. Texry Bridenstine
Field Technicians:
Mr. Srad HuIbert
Mr. Joshua Hanson
Mr. Rodney Orsat
Mx. Ryan Reid
Mx. Sean Doyle
Mr. Juan Serrato
Mr. Angel Fuentes
Mr. John Bucholzer
Mr. Robext Farabaugh
Deputy Inspectors
Mr. Brad Hulburt
Mr. Joshua Hanson
Mr. John Bucholzer
Mr. Ryan Reid
Sladden Engineering
www. Sludderrerrgineering. com
Sladden Eng�neering
45090 Golf Center Parkway, Suite F, lndio, CA 92201 (760) SG3-0713
6782 Stanton Avenue, Suite C, Buena i'ark, CA 90621 (714) 523-0952
450 Egan Avenue, �3eaumont, CA 92223 (95l) 845-7743
www. Sladdenengineering. com
July 13, 2020 SPD 2D-D7-431
City of Palm Desext
73510 Fred Waring Drive
Palrn Desert, California 922bfl-2578
PxoJect: On Call Materials Testing and Special Inspection Services
Paim Desert, California
We are pleased to submit the Eollowing proposal to provide the construction materials testing and special
inspection ser�ices as ouElined herein far the City of Palm Deserk. The proposed scope described herein
and the associated fees for our services are based upon our review of the Request for Proposals and our
previous experience with on call services for several municipalities and agencies.
SCOPE OF SERVICES:
Services would include field compactzon testing and material sarnpling during the various phases of
public warks pxojects. Material testing and special inspection services would be performed on a
continuous and/or interrnittenk basis dependent on the projeck needs. Testing services will include
material sampling, field compaction testing and the associated labaratory testing necessary to evaluate
{and document) compliance with the project specifications. Testing will be performed in accordance with
appropriate ASTM or Caltrans test standards as outlined within the City of Palm Desert Quality
Assurance Program included with the RFP. In addition, special inspection services would be pxovided
for various structural elements requiring inspection including structural concrete, structural rnasonry and
structural steel elennents.
FEES:
The #ees for testing services will be dependent on contractor scheduling and project sequencing. Fees will
be invoiced at the foliowing houriy rates. Field technician's time wiil be invoiced in two-l�our
increments. It is our understanding that this is a prevailing wage p�oject.
Field Technician (Prevailing Wage) ...............$115.00/hour
Deputy Inspector {Prevailing Wage)............$115.D0/k�our
Proje�t Engineer ................................................$2DD.00/hour
Laboratory testing will be perfarmed as dictated by soil conditions and the project specifications and will
be invoiced on a per test basis. The costs for individual tests are indicated on the Fee Schedule included
with this proposal.
Siadden Erigineering
www.SIaddenengineerircg.coan
]uly 13, 2020
SPD 20-07-431
Sladden Engineerulg expects to sign the standard Professional Services Agreement w�th the City of Palrn
Desert Sladden Engineering is very fanlal�ar with DIR reporting requirements.
Respectively submitted,
5LADDEN F�NGINEERING
AtEa�hments:
'�'erms a�d Conditions rev 3.0 2/09
Schedule of Pees 2020
5ladde�a EngirieeYin
By � .
�
Signatu
Name � re. � � . ' T' �U`�"�.S � ✓`
Print
7'itle �� S i � n-�
Date � r � 3 �Zp
Sdaddeai Errgineeritag
www.Sladcterzengi��ieering.co�n
2020 SCHEDULE OF FEES
G�N�RAL SCOP� OF SERVIC�S
S�adden Engineering provides professional services in the field of soil mechanics, geology,
foundation design and earthwork engineering in accordance with generally accepted practices at
the tirne of service. No warranty, either expressed or implied, is granted as a part of the
performance of our work. Sladden Engineering does not pro�ide services related to construction
safety and shall be held harmless from any [iability related to safety issues.
In the e�ent that the client requests termination of work prior to completion, we reserve the right
to complete {at the client's expense) any analysis or testing considered necessary to complefe
our records and protect our professional reputation.
PROF�SSIONAL S�RVIC�S
Principal EngineerlGeologist .........................................
Principal Eng�neerlGeologist {Expert Witness) ..............
Project EngineerlGeoiogist ...........................................
Sfaff Engineer/Geologist ...............................................
TESTlNG AND INSPECTION SERVICES
SoilTechnician .......................................................................................
Senior Soil Technician ...............................................................
Soil Technician — Pre�ailing Wage .........................................................
Special Inspection — Pre�ailing Wage ....................................................
Deputy Grading Inspector ......................................................................
SpecialInspection .................................................................................
Special Inspec�ion — Prevailing Wage ...................................................
Admin istrationlSecretarial ......................................................................
Report Preparation ................................................................................
Tra�el Time ..........................................................................................
TESTING AND INSPECTION SERVICES
Soil Technician ..........................................
Soil Technician — Prevailing Wage ............
Special lnspection .....................................
Special lnspection — Prevailing Wage .......
Deputy Grading Inspector .........................
Tra�el Time ..............................................
*s:ao�nn � 7:ooann
** 5undav and Holidays Double Time
$200.00 per hour
$300.00 per hour
$150.00 per hour
$120.00 per hour
. $91.00 per hour
$100.00 per hour
$110.00 per hour
$110.00 per hour
.. $97.00 per hour
, $91.00 per hour
$115.00 per hour
$75.00 per hour
. $9'f.00 per hour
. $91.00 per hour
$136.50 per hour
$165.00 per hour
$136.50 per hour
$172.50 per hour
$145.50 per hour
$136.50 per hour
Minimum Charqes: A minimum of two hours will be charged for field testing and show up time
even if no testing is performed. Reimbursable expenses incurred will be billed at cost plus 15%.
Cancellation Charqes: A minimum of four hours at the applicable billing rate will be charged for
cancellations recei�ed within 12 hours of scheduled �esting/inspection.
Sladden Engineering
www.Sladdenengineering. com
LABORATORY TESTiNG (ASTM I CALTRANS} & FIELD SERVICES
Maximum DensitylOptimum Moisture {ASTM 155�7 - Method A) ................. $150.00 per test
Max[mum DensitylOptimum Moisture (ASTM �557 - Method C) ................. $175.00 per test
Maximum Densi#ylOptimum Moisture (California lmpaci) ........................... $175.00 per test
Maximum Densi#ylTheoretical (Reis Method) .............................................. $125.00 per test
Sie�e Analysis (without 200 wash) ............................................................. $100.00 per test
Sie�e Analysis (with 200 wash) .................................................................... $120.00 per test
Expansion lndex (UBC 18-2) ....................................................................... $135.00 per test
R-Value Determination ................................................................................. $275.00 per test
Sand �qui�alent (A�erage of three) ............................................................. $110.00 per test
Liquid Limit .................................................................................................... $75.00 per test
Plastic Limif ................................................................................................... $75.00 per test
Plasticity Index {Liquid [imit & P[astic limit) ................................................. $140.00 per test
Direct Shear Test ........................................................................................ $225.00 per test
Marshal! Max AICIHVEEM Max ................................................................... $180.00 per tesf
Soluble Sulfate Content Determination ......................................................... $60.00 per test
Resistivity Testin9 .......................................................................................... $85.00 per test
Corrosion Series Determination ................................................................... $160.00 per test
Asphalt Ex#raction Gradation ....................................................................... $185.00 per test
Concrete, Grout, Mortar Compression Tests .......................................... $35.00 per test
Coring and Shotcrete Compression Tests .................................................... $40.00 per test
Lab Technician Sample Preparation ........................................................... $89.00 per hour
Exca�ator with Operator ............................................................................. $150.00 per hour
*`Prices are subject io change without notice
*`Any increase to the State wide general pre�ailing wage determination will be added to the above listed
prevailing wage rate.
Sludden Engineering
www. Sladdenengrneering. com
APPENDICES
Litigation History
Resumes
Sladden �ngineering
45090 Golf Center Parkway, Suitc F Indio, CA 92201 (760) 863-0713 Fax (764) 863-4847
6732 5tanton Avenuc, Suite C, Buena 1'ark, CA 90621 (714) 523-0952 Fa�c (714) 523-1369
450 Egan Avenue, Bcauanont, CA 92223 (951) 845-7743 Fax {951} 8�15-8863
www, sladdenengincering. com
July 13, 2020
Litigation Histozy -� City of Pa1m Desert - On CaIX Services
Sladden Engineering has been named in a single lawsuit within the last 5 years. The lawsuit involves the
alleged differential settlement of a large swimming pool located in the City of Rancho Misage, The
plaintiff alleges that differential settlement has resulted in inconsistent watez' fiow aIong the infanity edge
that forms the entire perimeter of the pool. Sladden Engineering including our I'rofessional Liability
carrier and retained experts contend that the differential settlement that allegediy has occurred is minor
and well within typi�al geoteehnical tolerances. The lawsuit was initiated in 2017 and is currently in the
discovery phase of litigation.
- ... , -
, >.•.-.-,
: _. _.... . . .. ,
. ., .,: ..
..... . , , ,.,. ; :::
EQUCATiDN
M.S, Geotechnical �ngineering
Llniversity of Utah
B.S., Civ�l Engineering
Colorado State Universify
REG[STRATION
California Civil Engineer
RE No. 45389
Arizona Civil Engineer
RE No, 25283
ASSDCIATIONS
American Saciefy Civi[ Engineers
�MP�OYM�NT
�997fio present:
principa� Er�gir�eer
Sladden Engineering
198fi ta 1997:
Senior Project Engineer
Ea�th Sysfems Consultanfs
MR. BRETT L. AMDERSQN
Presidenf
Principal Engineer
PROFE5510NAL SUMMARY
Mr. Anderson has over 3a years of geofechnical experience since
receiving his Master of Science in Geotechnical Engineering, This
includes valua�le design and consfruction experienc� on all types
of projects including:
• HDSpl��S,
• 5chools,
o Airports,
• Bridges,
• Large and smal[ {and deve(opments,
• Waste-water reclamatian facili#ies, and
• Vario�s develo�ments for commercia� and resitlential
pur�oses.
Mr. Anderson's knowledge and expertise inclutles "hands on"
experience during field ex�loration operations and exfensive
construcfion testing and monitoring experience.
PROFESSIONAL R�5PONS[BILiTl�S
As Principal Geatechnical �ngineer for 5ladden Engineering Mr.
Anderson:
• Authors antl reviews geotechnical engineering reports and
proposa[s.
• Manages #he su�s�rface exploration operations for fhese
studies,
• Initiates laboratory testing.
• Performs englneering anafysis of laboratory data, antl
• Provides design paramefers for site preparat�on, fo�ndations
antl other improvements relevant to the projects.
Mr. Ander�on a{so manages the Intlio office and Sladden
�ngineering's Coachel�a Valley operations,
-r9-
Sialernenl nfQual�cQtions �
Yer10.3
EDUCATIQI�
B.S. C9vif �ngineering
Cali#ornia 5tafe Poiytechnic Univ., Pomona
REGISTRA710NS
Cal�fornia CiviE �ngineer No, 36496
ASSOCIAl'1DNS
Lake Hemet Municipa[ Water Dis�rict
Board President
American Society Civi� EngEnears
Vice President Va€ley Wide Recreation and
�arks District— Board af �irectors
Hemet-San ,facinto Actian Group — Member
Fiemet-5an Jacinto Water Master Chairman
�asi President CARPD California Association
Of Recreation and Parlcs Dist�icts
EMPLOYI��N7
1997 to �resent: Sladden Engineering
�rincipal Engineer
1993 ta 20�4: GW E�gineering
Principal Engineer
1983 fo 199�: James W llnland & Assoc.
Vice Presitlent
_. ..... !
MR, FRANK D. GORMAN
C�O
Principa! Engineer
PRQFESSIONAI, Si�MMARY
Mr, �orman has over 35 years of �ngineering and
Management experience which includes alE aspec#s of
Geotecf�nical design work includina� #he develapment of
pavement design sactions, grading spec'rficat'sons, foundation
design, floor slab design, soil suba�rade preparation, report
preparations and correspondence,
I�r. Gorman afsa has expe€ience in the preparation of
construciion drawings, contract specifications and related
contracf doc�rments, the development of project alfernatives
and cost estimates for s#reet improvements, water and waste
water systems, resident�al subdiv�sian plans incl�ding record
maps, grading plans, street plans, water antl gas d€stribuiion
systems and sewage coliection and siorm drain systems.
Mr. Gorman's responsibifities during the construction phases
have incfutletl acting as Q�ality Control Engineer during
various phases of consfr�ction to insure compliance witE�
construc6on drawings and specifications, preparation of
progress pay estimates and negatiation of change arders with
the owner and contractar, Constructlon projects include
variaus municipal facilities, residential and multi-family
developments, commercia� and ind�striaf complexes,
numero�s domestic waEer, effluent and irrigation pipe4ine
projecfs and pumping statlans.
- 18 - Staremenl of Qualifrcations �
TTerI0.3
' .. .......... . '.-..:;;'.-.. �., i .... .-,'„-..,.':., ,. ._, 1
�DLiCAT(ON
-.. , , ._., .,'___.:.._.,; . '.:.�.. '. � .�.:: �.�.': � ,_ _ i ,. , �.'-. - '.--:..''. '.-...-,--,'.�.'f ..... . . ... . ... . . . .
DR. JOHN NIELSEN
Senror Cansulting Engineer
B.S. Civ�i Engineering, San Jose Stafe Univ.
M,S. Civil Engineering, Univ, of Wyoming
Ph.a, Civil Engineering, Co[orado State l�niv,
R�GfSTRATI�NS
California Civii �ngineer No, 1fi113
California Geotechnical Engineer No fi41
Oregon Civ[I Englneer No 74101
Oregon Geotechnical EngineeF 74101
ASSOCIATIONS
American Socie€y Civil Engineers
Assoc. of Soil and Fountlation Engineers
Strucfural Engineers Assoc, of No. Calif
EMPLOYMENT
2004 to present: SEadden Engineering
Senior Engineer
1993 to 2004: �ielsen Geotechnical, lnc.
Principal Engineer
1591 to 1g93: Anderson Consulting Group
�ir. of Geotecf�nical Group
1985 to 20Q4; San Jose State Univ.
Adjunct �rofessor CivEl Engineering
1983 to 1991: �arth Sysfems Consultants
V.p, and Technical birector
1974 to 19$2: Unive�sity of �ew Mexico
Manager of Soil Mechanics, Rock
Mechanics and Pavement Div of tl�e Air
Fflrce Civil Engin�ring Research Facility
19fi3 to 196g; l�.S. Naval Civil Eng, Lab.
Senior P�oject Engineer
1981 to 1983: Gribaldo, Jones & Assoc.
Sfaff Engineer
� 964 to 1867 Univ. of Southern California
Graduate Lecture
PRO��SSfONAL. S�MMARY
pr. Nielsen has over 50 years of geotec�nical experience on a
w�de variety of projects since receiving his Ph.D, and receiving
botl� his Civil and Geotechnical �ngineering Fegistrations. This
experience inclutles; residential construction, �igh-rise of�ce
and apartment buifdings, schools, hridges, rese�voirs and
marina developments, and various commercial, industrial and
military developments. Mr. �iielsen �as had complete
responsibility for all phases of this woric including; preliminary
siie investiga#ions, exploration, laboratory testing, computer
analyses, and report writing presenting site and foundation
recommendafions. Typical woric elemenfs for projecfs have
incEuded: site invesiigafions, evaluation of liquefacfion
potential, seismic response of site, pile capacities and pife
driving supervision, site grading, construcfion ohservafion and
testing of 51tE faci{ities such as streets, sewers, etc,,
founda6on design critaria such as bearing capacify,
seftlements and seismic response of foundation systems,
slope stahility and other geokechnical considerations related to
site development.
Mr. Nielsen has taughl for over 22 years and auf�ored over 50
articles and p�ofessional papers.
PROFESSI�NAt R�SPON5181LlTIES
As a Senior Consulting �ngineer with Slatlden �ngineering,
Mr. Nielsen:
• Authors and reviews geo#echnical engineering reports
and proposa�s.
• Manages fhe subsurfaca exp[oration operations for these
studies.
� fnitiates lahoratory testing.
• Performs engineering anafysis of lahorafory dafa,
� Provides design paramefers for sife preparation,
founda�ions and other improvements relevant to the
projects.
Mr. Nielsen provitles senior consu[ting knowiedge and
experience while mentoring junior staf� memhers for al! flf
Sladden Engineers operations.
- 20 - 5tatement afQualifications �
Yer14.3
. ...:�.,.-
i
MR. IV�ATTHEW C�HRT
Vice Presiderrt
Prirrcipa! Geologisf
�RUCATION PROF�SSfO�IA� S�IMMARY
B,S. Geofogy,
Sonoma �tate University
REGiSYRAYl01�S
Caiifornia Professional Geoiogist
PG No, 8567
Certified Engi�eering Geologlst
C�G No. 2634
Mernber of A�G
Member of AGHP
�MPI.DYMENT
2005 to Present: Sladden �ngineering
Principaf Geofog[st
2003 to 20D5: PJC & Associates, [nc.
5taff Geologist
1991 to1995: United 5iates 1Vavy
Mr, Coh�t`s experience in�iudes a!I aspects of gealogy. Mr,
Cohrl has been involved ir� a variety of projects includ�ng
resid�ntial developmenls and vario�s commercial and
industrial developmeMs. Mr. Cohrfs experience includes;
seismicity evaluation, exploratory trenching and fault studies,
slo�e stability evaluation, geoiogic mapping, rollmg boulder
and or rock fal! hazard eval�ations, ground s�bsidence
studies, laboratory festing and �omputer analyses.
PROFESSIONAL RESPONSkB11,�TlES
As a Geologist with 5ladden Engineering, Mr. CohrE designs
and per�orrns geolog[c site evaluations includEng borehole
logging and sampling, geologic mapping, �ault and seismic
sfudies. He coord'€nates and performs khe geologic stutlies
incfuding related research and ir�vestigatRan of potential
geologEc hazards. Geo4ogic hazards rouiinely evaluated by
Mr. CohrE include; fault hazards, ground shaking potantial,
4iquefacfian potentiai, landsiide or rockfa�l potential and ground
subsidence potential, Ne determinas fhe fa6oratory iesting
program, performs engineering anafysis of labora#ory data,
pre�ares graphic preserstatlons of test da#a and provides
tlesign �arameters for various sfte conditions.
-21-
Statemeni of Qupliftcatlans �
Yer10,3
MR. JAMES W. M�NOR [fl
Senror Geologist
��ucaYioN
B.S. Geology
lJniversity of Califamia, Riverside
M,S, Hydrogeolagy {In Progress)
California 5#ate University, �ong Beach
CERi'IFICATIONS
California Professionai �eologist
PG iJo. 9735
Nu�lear Gauge Certif�cation
Member of AEG, AGl] GRA and GSA
EMPLdYMENT
2013 fo Present: Sladden �ngineering
2009 to 2013 IJCR Paieoecology Laboratory
PROFES510NAL Sl1MMARY
Mr. Minar's experience includes: geologic mapping, dril! site
supervision, soil, fossil and rocic sampling and analysis,
laboratory testing and computer analyse5.
PROFESSIONAL R�SPONSIBlL1T1E5
As a Senior Geo[ogisi witit Sfadden �ngineering, Mr. Minor
designs and performs geologic site evaluations. These may
include barehole Iogging and sampling, geologic ma�ping,
fauft and seismic studies, percolation testing and nuclear
gauge compacfion iesfing. He coordinates and perfarms the
subsurface exploration aperations for these sfudies,
de�ermines fhe laboratory iesti�g program, �erForms ana[yses
of labaratary data, prepares graphic presenta#ions af tesf dafa
and provides design parameters for vario�s site conditians,
- 2G - Sioiemer�t of Qualificatians �
Yer10, 3
SIAO 7L-019 t: CT CERTIFkCATEON
� �ALi F�RN IA C�� .� _ . w��RTlI�� ,-_ �
TeSt Meihod
CT 105
CT 'I Q6
CT 125 AGG
CT 125 CEM
CT 125 GEN
CT 125 HMA
CT 201
CT 2Q2
Ci 204
CT 205
CT 206
CT 207
CT 2D8
C3' 216
CT 297
CT 226
CT 227
CT 223
CT 231
CT 234
CT 235
CT 301
CT 304
Expira4ion Date
2Q22-04-12
2q21-Q3-21
207_?_-04-12
2020-a6-26
2020-06-�6
2�20-06-26
2022-04-12
2022-04-�I 2
202'€-03-2'I
2Q22-04-12
2021-03-2�
2Q21-03-21
2021-Q3-2�
2022-04-12
2022-D4-12
2022-04-12
2q22-04-12
2022-04-9 2
202D-06-26
202�-'03-21
2fl2'I -03-21
2D21-D3-2�
2rrz�-o�-a�
IA ResponsiEsle
Shaya Meisamifard
Ser�e Yenjai
Shaya Meisamifard
S�ree Yenjai
Seree Yenjai
Ser�e Yenjai
Shaya Meisamifard
Shaya Meisamifard
Seree Yenjas
Shaya Meisarrzifard
Seree Yei�jai
Seree Yenjai
Sere� Yenjai
Shaya Messamifard
Shaya 1Vleisamifard
5h�ya MeEsamifard
Shaya Meisamifard
5haya Meisamifard
Seres Yenjai
SeFee Yenjai
Seree Yenjai
Seree Yenjai
Ntajid Fahrtosh
�_ �
� �"��.' /��-/.:�lr�irFo-S l
Ce fied Indep��ent Assurance (IA'} �i �-
Date i terY�06I�i 1/2020
Tesfer ID: �32fi6
Associated Labaratory
Lab 1
Lab �
Lab 1
Lab 1
�ab �
L�b 1
Lab 1
Lab 1
I�ab �
�ah 1
Lab 1
Lab �
Lab 1
�ab 1
Lah 1
Lab �
(�io lab)
Lab 1
Le� 1
Lab 1
Lab 1
Lab 1
Lab 1
Note: �i�is cer�ificate is valid as �oi�g as th� Test�r complies with applieable reqE�irements in Caltrans Independen4
Assurance Pragram Manual.
Please veriiy tester certifications by visiting the 51AD w�bsite at https:llsia.dot.ca.t�ovl
Page 112 '
�F T'��.��� ,�+r�����!��
Presents this GERTIFICATE fio
- ;�
�i _
�+���w� �"��`��..�.��������`����
who is certified to �er�orm th� following tests:
51AfJ TL-0111: CT CER7IFICATI�N
-� �AL1�('���IA ��F'�41�i.[��N i
��F �'�A�!�Q����►,�!��
Presents this �ERTiFlCATE to
����� ���'������t�����:�
who is certi�ied ta perform the €ollawing tests:
Test Meth�ad Expiratian Qate IA 12esponsible Associated �.aboratory
CT 308 2022-Q5-01 Majid Fahrtosh Lab 1
CT 3fl9 2022-0�-0� Majid Fahrtosh Lab 1
C-� 3gg 2Q22-Q5-01 Majid Fahriosh Lab 1
Ci 37fl 2022-05-01 Majid Fahrtosll Lab 1
CT 371 2fl22-05-01 M�jid Fahrtosh ��� '�
C`f 382 2022-�5-0'3 Maji� Fahrtosh Lab 1
C� ,2� 2421-03-21 Seree Yenjai La4� �
CT 539 2020-�8-04 5eree Yeiljai �-�b �
Lab 1: 5ladden Enr�ineering, 450 Egan Avenue, 8eaumont
No Lab: Laboratnry associated with the tes€er is nat accredited ta perForm the tesE method identified. Tesfers must be
associated with an accredifed laboratory.
__�.
��..�- - - _ -
�
�
f
/ ,..� . �v' "l7.ci : � •e�hl"to-5�
Certif�d Indep��nt Rssurance (IA) l f`L—
Date issued�061111202Q
Tester ID: D32�6
I
%
Note: This certificat� is valid as long as ihe Tester compli�s with ap�licahle requirements in Ca�trans Independent �
Assurance Program Manual. '
��eas� verify tester certi�icafians by visiting the 51A4] w�L�site at https:lJsia.dot.ca_govl .°�
Page 212 'J
,'
r
�� � �
� ,� STATEW3bE1N�EYENeENT
ASSUk0.HCC 6A7A6ASE
�eriificate� for �rad Hu�burt
6asic Information
First Name
Last Name
Status
Associated Lab�
Brad
Hufburt
Active
S1AD: Certificates for Brad Hulburt
Tota[ 1 item.
Lab Name Manager Name Full Address �istrict �age Alias
SEadden Engineering Terry Bridensfine `. 450 Egan Avenue, Beaumont, 8 Lab 1
CA 92223
Test Methods
�a�ifornia Test (�T} �er�ificafions
Total 9 ifiems.
�xpiration
Tes# Method �ate
CT 125 AGG Sampling - 2020�08-09
AGGREGATES(JTCP-
HMA I f S&A)
Within
Lab(s)
Status IA Responsit�le Scope
Active Seree Yenjai Lab 1
Comments
(�lo
cornments)
Please �erify tesier certification by visiting SIAD website: https:l/sia.dot.ca.govl
Page 113 Date: 2020-05-07
�� -
� �
� �� � STRTEWIaEINOERENOENY
0.SSlSRANCf O1lTA9R5F
SIAQ: Certificates for Brad Hu[burt
Within
Expiration LaE�(s}
Test Method Date Status lA Responsi3�le 5cope Comments
CT 231 Relati�e 2021-D$-D9 Acti�e Seree Yenjai Lab 1 �No
Compaction - Nuclear comments)
Gage
C7 504 Air Confent of 2024-d2-16 Acfi�e Jackie Treat I�a�b 1 �(No
PCC - Pressure Method commen�s)
(JTCP - PCCj �_ � ._ . �
CT 518 Unit Weight - 2024-02-16 Ac#�ve Jackie Treat �� �� Lab 1 ��(No
PCC {JTCP - PCC) - �qmments)
CT 539 Sampling Fresh 2D24-02-16 Active � Jackie Trea� Lab 1 (No
Concrete (JTCP - PCC) Gpmments)
CT 540 Making Cylinders 2024-D2-16 -. Active Jackie Treat Lab 1 {No
� PCC (JTCP - PCC) comments)
CT 543 Air Conteni of 2024-02-96�� ��� `Active Jackie Treat (No labj (No
PCC -Vofume�ric Method � �: � � � � , comments)
(JTCP - PCC)
CT SSfi Slump - PCC 2024=02�.'i6 ' Act€ve Jack�e Treat Lab 1 (No
{JTCP - PCC) � � � comments}
CT 557 Temperature - '` 20��1�02-1fi Active Jackie Treat Lab 1 (�[o
PCC (JTCP - PCC) � � comments)
AASHTOIASTM Proficiencies
Within Lab(s}
Test Nlefhod Expiration Date 5tatus !A Responsible Scope
No resulis found.
Plsase verify �esfer certification by visiting SIAD website: hfitps:/Jsia.dot.ca.gov/
Page 2/3
Comments
Date� 2D20-05-07
t _'
`��_ � �
� 5iA7EwIPf INGFPFMu[N!
��'. '
. �SSlIHA1dC{OATRS0.5E
'j �
SlAD: Ce�ti�icates �or John BuchQl�er
�ert��F���t�� fo� J�nr� �uchc�lz�r
Basic in�orm�tion
FirsY t�ame
Last Alar�e
Status
,lahn
Buchalxer
Active
-
Associated I�abs
Tatai 1 item.
LaI� fVar�e Ma�tager I+iame �ull Atitiress Districi Page Aii�s
St�dden Engineerin� 'Ferry Briclensti�e A5d Egan Avenue, Beaurnont, 8 Lab 1
CA 92223
TeSt M�thods
�ali�orni� Te�� (GT} Cer�r��ca�ian�
Total 9 items.
Expiratio�
7esi Method Daie
GT 125 AGG 5amp(ing - 202Q-D6-09
AGGREGATES (.]7C� -
l�NiA E 1 S&A�
Wit}�in
Lab(s)
Stat�s EA k�es�onsible Scvpe
Act€ve Seree Yenjai Laf� 1
Cdrr�ments
(No
coFnments}
Please verify tester certification by visiting SIA[] website: https:l/siadat.ca.gov!
Page 113 I]ate: 2020-06-� 1
c �4 j ��sp
�i � �
4� ' SfA?E:N�641NOE�ENhEllf
�- RSSUMNSRRATAl1A3E
�a,�,a.
SIAQ: Certifcatesfor,�ohn Bucholzer
Within
Ex�iratian Lah{sj
Test �letf�ad Date Status lA Responsibfe Scope
CT 231 Relativ� 2021-OB-09 Activ� Se�ee Yenj�i l.�b 1
Compactiorr - �i�clear
Gage
CT 544 Air Cantent af 2024-D2-i 6 Active .lackie Treat
PCC - Pressure Method
(JTCP - PCC)
CT 5i8 Unii Weight � 2024-02-16 Active Jacki� Treat
PCC (JTCP - PCC)
CT 539 Sampling Fresh 2D24-D2-16 Active Jackie Treat
Co�cr�te (JTCP - PCC)
Ci 640 Making Cyiinders 2024-Q2�16 Active .lackie Treai
- PCC (JTCP - PCC}
CT 543 Air Content of 2024T02-�fi Active Jacki� Tr'eat
PCC - Volumetric Method
(JTCP � PCCJ
CT S56 Slump - PCC 2024-02-18 Aclive Jackis Treat
(,1TCP - �CC)
CT S57 Temper�tur� - 2�24�02-16 Active Jack�e Treat
PCC (JTCP - PCC}
Al��Hi�fAST� Prafic�encies
Cotn�ttents
(No
comments}
Lab � {Na
camm�nts)
L�b 1 ; (�Vo
commenfsj
Lab 1 (Na
cammer�ts)
l.ab � (No
comr�errts}
(No !ab) (No
camments}
Lab � (Na
cornrnents}
Lab 1 (No
corr3menis)
Wit�in �.aEa(s}
�'est Method �xpiratian pate Status IA Respansible Scape
No results faur�d.
P[Qase verify tester certiftcatiart by �isiEing S1Ab website: https:!lsia.do#.ca.govl
Pege 213
Comr�ents
Qake: 202�-06-11
i" �`� `�.�� s-- �"` x` ��
2S, �� � � ��:�
ix '. sTATEW1oE1HUETEIloiNT
ASSUp0.NffanTAAhSE
�
>, 6-�`
��r�if���t�� �far Ja�hu� H�r���n
Basic Information
First Name Joshua
Last Name Fianson
5tatus Active
SlAQ: Certificates for Joshua Hanson
Associated Labs
Yota! 1 ifem.
Lab hlame Man�ger h�ame Ful# Address ❑istrict Page Alias
Siadden �ngEneering Terry Bridenstine �}5Q Egan Avenue, 8eaumant, 8 Lab 1
CA 92223
T�S� ME�I�O(�S
Gaiifornia Test (C7) Certi�ic�tians
Yotaf 9 items.
V1lithi�
Expirafion �.ab(s)
Test �liethoci Date 5tatus iA Responsibie 5cope Comments
CT'125 AGG Sampling - 2Q2�-08-09 Acii�e Seree Yenjai Lab � (No
AGGREGA'�ES {J`�CP - Gomments)
HMA I 1 S&A)
Please �erify tester certiti�ation by visiting S{AD website: https,l(sia.dot.ca.govl
Page 1I3 �ate: 202��OB-11
5`� ��1c� �����
a, ' sre�+v�o�rHner�Nucr�T
� . AS5�11AN[[pATA4A5E
���
�v�
51AD: Gertificates for Jashua kianson
�l�lili
i Expiration Lab(5)
� TeSt {Vfet€�od Qate Status IA Respansible 5co�ae Cornments
CT 231 Relative 2���-as-as Actiue 5e�ee Yen�ai Lai� 'i (No
Campaction - Nuclear eomments}
Gage
CT 5fl4 A,ir Content of 2Q24-02-16 Active Jackie Tr�at Lab i (Na
PGC - Pressure Method comments}
{JTCP - PCC)
CT 598 IJnit Weight - 2Q24-a2-16 Active Jackie Treat Lai� '1 (Na
PCC (JTCP � �CC) commenis)
Cl� 539 Sampling Fresh 2024-Q2-1� Acti�e Jackie Treat Lai� 'i (No
Co�crete (JTCP - PCC) cammanis)
C� 544 MaEcing Cylinders 2024-�2-1G A,ctiWe Jackie Treat Lat� 1 (No
- PCC {JTCP - PCC� cQmments)
CT 543 Air Confent of 2024-�2-i6 Active Jacicie Treat (Na fab) (No
PCC - Vafumetric Method - . corrrments)
(JTCF - PCC)
Cf 556 Slump - PCC 2Q2A-D2-16 Ac#ive Jackie freat
{JTCP - PCC)
CT 55 T Temperature - 2Q2402-�t6 ActiWe Jackie Treat
PCG (JTCP - PCC)
AASH��IASTM Profiicienc�es
Lab 1
Lab 1
Within Lab(s)
Test Method Expiration pate Status IA k�esponsi�ile Scope
No results found.
Please verify tester certificaiian Eay visiting SiAb website; https;llsfa.doi.ca.govl
Page 2/3
{No
comments)
(No
comments)
Gomments
Date: 2�2Q-06-11
' '�
?°'�, `� � � -� �
�;,� ' Sl6TLWi0flllnFFENUEIIT
�� J.,- , A55UIIANCE oAYAtlASE
,�§.
�sa:r
����fic���� ��r ���r� �eid
Basic l�formation
First hiame
Last hlame
Skafus
Associated Labs
Ryan
Reid
Active
SIAD: Gertificaies for Ryan Reid
Totak 1 item.
f_.ah �lame fVianager PJame Fulf Address ❑istrict P�ge Alias
Sladden �ngineering Terry Bridenstine 450 �gan Avenue, Beaurnant, 8 Lab 3
CA 9Z223
Test Methads
�alifornia Tes't �CT) Cer�[�ic�'tions
Toial �1 iteTnS.
Expiration
Test Method Date
CT i 25 AGG Sampling - 2020-06-26
AGGREGAT�S (,1TCP -
NMA i ! S&A)
Within
�ab(s}
Status IA Responsih[e 5cope Comments
Active Seree Yenjai L,ab 9 jNa
commenfs)
�lease verify tester certification by visiting SIAD websste: https:llsia.dot.ca_gov!
Page 'I!3 �ate: 2D2Q-06-� �
Y�� :� .������
k � � STATEY11hE1NI1EhE170TNY
�.
A55ynAN[EopTRklAs�
�r_, '
'4a�✓
Expiraiion
Test Mathod [?ate
CT 925 GEN Sampling - 2D20-06-26
GENERAL
CT 925 HMA Sampling- 2020-06-26
HMA{JTCP - HMA f)
CT 23� Relati�e 2020-06-26
Compaction - �fuclear
Gage
CT 504 Air Content af 2024-02-16
PCC - Pressure Metf�od
(JTCP � PCC}
CT 5�8 L1nit Weight - 2024Q2-�6
PCC (JTCP - PCCj
' CT 539 Sarn�ling Fresh 2D2402-1 fi
Concreta (JTCP - PCCy
CT 54� Making Cylinders 2024-02-16
- PCC (JTCP - PGC)
CT 5�3 Air Content of 2024-02-16
PCC - Valumetric Method
(JTCP - PCG}
CT 556 Slump - PGC 2024-02-16
{JTCP - PCG}
CT 557 Tamperature - 202�-02-16
PCC (JTCP - PGC)
SIAQ: Certificafes far Ryat� Reid
V111thin
l.ab(s)
S#atus EA ResponsibCe Scope
Acfive Seree Yanjai Lab 1
Active 5eree Yenjai
Ac#i�e Seree Yenj�i
Lab 1
�ab 1
Comments
(No
comrnentsj
(No
' comments)
(hlo
comments)
Active Jac�cie �reat Lal� �i
Acfi�e Jackie Treat
Aci[ve Jackie Treat
Acti�e Jackie Tre�f
Acti�e Jackie TreaE
(No
co�nments)
Lal� 1 (No
camrnantsj
Lab 1 (No
comrne�tsj
Lab 1 (No
c�mrnen#s)
(No I�b) (No
cotr�rnents)
Acti�e Jacicie Treat Lal� '�
Active Jackie `Freat Lal� 1
(�o
comrnents)
(Na
camrnents)
P{ease ver'Ify tester certif[caiion by visiting S€AD website; )itips:/lsia.dof.ca.gov/
Page 213 flaie: 2020wD6-1 �