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Home My WebLink AboutC24100A Special Inspections Fred Waring Drive Soundwall 654-01REQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Contract No. C24100A to LandMark Geo- Engineers and Geologists for Special Inspection for the Fred Waring Drive Soundwall (Project 654-01) SUBMITTED BY: John A. Garcia, P.E., Engineering Manager APPLICANT: LandMark Geo-Engineers and Geologists 77-948 Wildcat Drive Palm Desert, California 92211 DATE: July 13, 2006 CONTENTS: Agreement Proposals Vicinity Map Recommendation: By Minute Motion: 1. Award Contract No. C 24100A , to LandMark Geo-Engineers and Geologists, of Palm Desert, California for Special Inspection services in an amount not to exceed $150,000.00 for the Fred Waring Drive Soundwall construction (Project 654-01). 2. Set aside a 10% contingency for Contract No. C 24100A. 3. Authorize the Mayor to execute the Contract. Discussion: On June 8, 2007 City Council awarded Contract No. C24100 for the construction of the Fred Waring Drive Soundwall to Sukut Construction, Inc., of Santa Ana, California, in the amount of $6,931,432.50. The City of Palm Desert as the owner of these improvements is required under California Building Code 2001 Chapter 17, Section 1701.1 to employ special deputy inspection services for this construction. Staff Report Approve Contract No. C 24100A for Special Deputy Inspection for Fred Waring Drive Soundwall (Project 654-01) Page 2 of 2 July 13, 2006 On June 23, 2006 staff advertised a notice requesting proposals for this service. Proposals were received from the following firms: LandMark Geo-Engineers and Geologists Allwest Geoscience Inc. Earth Systems Southwest Palm Desert, California Corona, California Bermuda Dunes, California The cost of the inspection required is based upon an eight -hour workday during the 210-calendar day construction. After reviewing proposals the approximate cost for this service will be $150,000.00. Funds for this service are available in account number 400-4399-433-4001. Therefore, staff recommends that City Council award contract No. C to LandMark Geo-Engineers and Geologists of Palm Desert, California, in an amount not to exceed $150,000.00, set aside a 10% contingency, and authorize the Mayor to execute the contract. Submitted By: Department Head: AGE: C Az(5 Jo p�rS A. Garcia, P.E. Mar reenwood, P. . Engineering Manager Approval: ACM for Development Services City Manger /cls Director of Public Works j06- Finance l irectc`f .:ITY COUNCIL APPROVED RECEIVED ION: DENIED OTHER MEETI DATE 7 - O -U(4 AYES: NOES: iTy kl l� _ -("�Jj.5 ( a1._ ABSENT. NI ` ABSTAIN: L VERIFIED BY: J)4f/) tRf/- ) Original on Flie wit&City Clerk's Office G:1PubWorkslStaff Reportsl2006UuIy 13111 Award Contract Landmark Geo-Engineers FWD Soundwall Special Inspection 654-011Award 654-01 Special Inspection to LandMark Geo-Engineers.doc CONTRACT NO. AGREEMENT THIS AGREEMENT, made and entered into this 13th day of July, 2006, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and LandMark Geo-Engineers and Geologists, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, CONSULTANT is a corporation, the principal members of which are Professional CONSULTANTS duly registered under the laws of the State of California-, and WHEREAS, CITY desires to engage CONSULTANT to render certain technical and professional CONSULTANTING services as set forth in Exhibit "A" (CONSULTANT'S Proposal of Services) in connection with the Project: Fred Warinq Drive Soundwall Project 654-01 NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage CONSULTANT to perform the technical and/or professional services as hereinafter set forth. (2) CONSULTANT shall perform all work necessary within the schedules provided herein to complete the services set forth in Exhibit "A" attached hereto and by reference incorporated herein and made a part hereof. W \Agenda Items\2006-July 13�,Award Contract Landmark Geo-Engineers FWD Soundwall Special Inspection 654-01�AGREEMENT CONSULTANT -Landmark 654-01 doc CONTRACT NO. (3) All information, data, reports and records and maps as are existing and available from the CITY and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to CONSULTANT without charge by CITY and CITY shall cooperate in every way reasonable in the carrying out of the work without delay. (4) CONSULTANT represents that, it employs or will employ at its own expense, all personnel required in performing the services under this Agreement. (5) All of the services required hereunder will be performed by CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under state and local law to perform such services. (6) The execution of this Agreement by the parties hereto does not constitute an authorization to proceed. CITY's Director of Public Works has not authorized CONSULTANT to proceed. (7) The CONSULTANT shall work closely with the CITY's Director of Public Works, or his designated representative, who shall be the principal officer of the CITY. The CONSULTANT shall review and receive the Director of Public Works approval of the details of work as it progresses. (8) The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other W:Agenda Items12006-July 13Award Contract Landmark Geo-EiZineers FWD Soundwall Special Inspection 654-01AGREEMENT CONSULTANT -Landmark 654-01.doc CONTRACT NO. 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 annul this Agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (9) The right is reserved by the CITY to terminate the Agreement at any time upon seven (7) days written notice, in the event the project is to be abandoned or indefinitely postponed, or in the event the CONSULTANT'S services, in the sole judgment of CITY, are unsatisfactory or because of the CONSULTANT'S failure to prosecute the work with diligence or within the time limits specified or because of his disability or death. In any such case, the CONSULTANT shall be paid the reasonable value of the services rendered, based upon CONSULTANT'S standard hourly rates, up to the time of the termination. The CONSULTANT shall keep adequate records to substantiate costs and provide copies of original timecards in the event of termination or suspension. (10) All documents including tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by CONSULTANT pursuant to this agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the re- use or other use of the plans, specifications, reports or other design documents, CITY shall require the party using them to indemnify and hold harmless CITY and W:\Agenda Items\2006-July 13\Award Contract Landmark Geo-Erl,�ineers FWD Soundwall Special Inspection 654-01\AGREEMENT CONSULTANT -Landmark 654-01.doc CONTRACT NO. CONSULTANT regarding such re -use or other use, and CITY shall require the party using them to eliminate any and all references to CONSULTANT from the plans, specifications, reports and other design documents. (11) The CONSULTANT shall comply with all federal, state and local laws, ordinances and regulations applicable to work. (12) No change in the character or extent of the work to be performed by the CONSULTANT shall be made except by supplemental authority in writing between CITY and the CONSULTANT. The supplemental authority shall set forth the changes of work, extension of time and adjustment of the fee to be paid by CITY to the CONSULTANT, if any. (13) In connection with the execution of this Agreement, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The CONSULTANT shall take affirmative actions to insure equal employment opportunity and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation and selection for training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the CONSULTANT. (14) The CITY agrees to pay the CONSULTANT for the work required by this Agreement on the following basis: W:Agenda Items12006-July 13Award Contract Landmark Geo-Er4jineers FWD Soundwall Special Inspection 654-01AGREEMENT CONSULTANT -Landmark 654-01.doc CONTRACT NO. CONSULTANT shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount not to exceed: $150,000.00 (One Hundred Fiftv Thousand Dollars and no/100 ONLY). CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify CONSULTANT of disputed invoices within fifteen (15) days of receipt of said invoice. Exhibit "A". (15) The CONSULTANT agrees to complete the work as displayed in (16) In the event that any judgment is entered in any action upon this Agreement, the party hereto against whom such judgment is rendered agrees to pay the other party an amount equal to the reasonable value of the legal services performed in his or its behalf in such action and that such amount may be added to and made a part of such judgment. (17) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the CONSULTANT without written consent of the CITY. (18) The CONSULTANT shall be an independent contractor, not an employee of the CITY. (19) Prohibited interests are as follows: No officer, member or employee of the CITY during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The parties hereto covenant and agree that to their knowledge no member of the City Council, officer or employee of the CITY has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in business of the W:Agenda Items12006-July 13Award Contract Landmark Geo-EVineers FWD Soundwall Special Inspection 654-01AGREEMENT CONSULTANT -Landmark 654-01.doc CONTRACT NO. contracting party other than the CITY, and that if any such interest comes to the knowledge of either party at any time a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. The CONSULTANT hereby covenants that he has, at the time of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed by the CONSULTANT. (20) The CONSULTANT shall indemnify and save harmless the CITY, its officers and employees from and against any liability, loss, cost or expense resulting from any injury or damage to persons or property caused by the negligent acts or omission of the CONSULTANT, its agents or employees, while engaged in the performance of this Agreement. The CONSULTANT shall submit to CITY, prior to the Notice to Proceed is issued, certification of adequate coverage for "errors and omission" insurance in amounts approved by the City Attorney. Any such insurance shall not be canceled prior to written notice to and approval from the CITY. (21) The City shall not be responsible for payment for services by the Consultant that are directly related to addressing discrepancies, errors, omissions, ambiguities, etc in the plans, specifications, and estimates prepared by the consultant. (22) In case of conflicts within the contract documents, the document precedence shall be as follows: W:Agenda Items12006-July 13Award Contract Landmark Geo-Eeineers FWD Soundwall Special Inspection 654-01AGREEMENT CONSULTANT -Landmark 654-01.doc CONTRACT NO. (a) This Agreement; (b) Exhibit "A" (CONSULTANT'S Proposal of Services, and any written modifications thereto). IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. CITY OF PALM DESERT Municipal Corporation Jim Ferguson, Mayor Date: ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director Of Public Works David J. Erwin, City Attorney Company Name Authorized Signature Date: W:\Agenda Items\2006-July 13\Award Contract Landmark Geo-EMineers FWD Soundwall Special Inspection 654-01\AGREEMENT CONSULTANT -Landmark 654-01.doc CONTRACT NO. EXHIBIT "A" CONSULTANT'S PROPOSAL OF SERVICES W:\Agenda Items\2006-July 13\Award Contract Landmark Geo-Engineers FWD Soundwall Special Inspection 654-01\AGREEMENT CONSULTANT -Landmark 654-01.doc June 26, 2006 LANfl.UARK a DBE/MBE/SBE Company RE Fr ED Ms. Cora L. Salas 20B JUN 2b p : 46 City of Palm Desert 73 -5 10 Fred Waring Drive C' T v GF PALM O ER_1 Palm Desert, CA 92260 E't RIC. , 0RKS BEIIARi i MEI,' Subject: Construction Testing Services Fred Waring Sound Wall Palm Desert, California LCI Proposal No.: LP06I6ST Dear Ms. Salas: 780 N. 4th Street El Centro, CA 92243 (760) 370-3000 (760) 337-8900 fax 77-948 Wildcat Drive Palm Desert, CA 92211 (760) 360-0665 (760) 360-0521 fax Landmark Consultants, Inc. is pleased to provide this proposal for Construction Testing at the proposed soundwall project in the city of Palm Desert, California. The following scope of work is anticipated for this project: • Soil Compaction • Concrete Inspection & Testing (ICBO) • Masonry Wall Inspection & Testing (ICBO) • Laboratory Testing for Soil, Concrete, Grout, Mortar & Masonry Prisms Our services will be provided on time and materials basis in accordance with the rates set forth in the attached prevailing wage fee schedule. The fees presented are based on prompt payment for services presented in our standard invoicing format. Please sign this agreement and return to our office. We appreciate the opportunity to provide these services for the subject project. Please feel free to call me if you have any questions. Sincerely Yours, Landmark Consultants, .Inc. Gr7g M. Chandra, P.E. Area Manager CLIENT ACCEPTANCE: By: Date: (Signature) Name: Title: (Please Print) hANUMARK' a DBEIMBE'/SB,E' Company 780 N. 4th Street El Centro, CA 92243 1760) 370-3000 l760) 337-8900 fax Construction Observation & Testing 77-948 Wildcat Drive Material Testing and Inspection Palm Desert, CA 92211 R60) 360-0665 2006 Prevailing Wage Fee Schedule (760) 360-0521 fax Field Hourlv Rate Soil Technician $ 72.00 Inspector (ICBO/AWS/CWI) 80.00 Ultrasonic (Level 11) } $ 95.00 Staff Engineer/Geologist $ 107.00 Supervisory Tech./Operation Manager $ 88.00 Principal Engineer/Geologist $168.00 Word Processor/Typist $ 52.50 Laboratory Test Max. Density — Op. Moisture (A) $ 156.00 Max. Density -- Op. Moisture (B, C, D) $ 185.00 AC Maximum Density (Marshall) $172.Q0 Check Point $ 63.00 Sieve Analysis $ 107.00 Sand Equivalent $ 72.00 R-Value $ 240.00 CBR (100% Compaction) $ 330.00 Soil Corrosion $ 245.00 Concrete Compression Test $ 22.00 Grout/Mortar Compression Test $ 24.00 Mix Design Review $ 220.00 Masonry Prism Compression Test $ 132.00 Reinforcing Steel Tension & Bend Test $ 135.00 Structural Steel Tension & Bend Test $135.00 Machine Test Specimen $ cost + 20% Basic Charees HOURS WORKED HOURS BILLED Sample pickup/canceled work 2 Hours 0-4 Hours Worked 4 Hours 4-8 Hours Worked Actual Hours 8-12 Hours Worked, Saturdays Time One -Half >12 Hours, Saturdays/Holidays Double Time Fred Waring Drive Widening Soundwall At Desert Breezes Community f I � e a = � a i VICINITY MAP' FRED WARING DRIVE WIDENING OROUIDIA CT SOUNDWALL AT WARING COURT Fiq ED SANTH Y E3 SAN CRISi0v�6LCII:' M cm m 8 o❑ 8 mm � 0 DDCR B 8 El El e x 0 0 VICINITY MAP L:� w o4D coLL �r It F I I I I I I 1 1 ll vl �vlliAI I III I I I i uj III144IIIII W ELKHORN Tip _ IIIIIIIIIII - �I11111111111�� I I I 1 11 AG1JM.I"jVIF D AKOTa. 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