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Home My WebLink AboutAwrd/C27950A-C/Portola Ave x Frank Sinatra Intrsctn (572-08) Contract No. C27950A, C27950B, C27950C CITY OF PALM D '�"� �} � �t��;:a �3.��'�,�.,,,1 7 — �� .��..�.,�...._...,. PUBLIC WORKS DEPAI�TI�NT f,/ � � , C!`��T's�'s?��7�''�.�..511..."�, �" � STAFF REPOR [�; ��4�7� �;�� r,��e� REQUEST: AWARD CONTRACTS FOR FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS PROJECT (PROJECT NO. 572-08): A. CONTRACT NO. C27950A FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS TO H & H GENERAL CONTRACTORS, INC., IN THE AMOUNT OF $3,931,371.00 PLUS A 10 PERCENT CONTINGENCY OF $393,137; B. CONTRACT NO. C27950B FOR GEOTECHNICAL SERVICES TO SOUTHERN CALIFORNIA SOIL & TESTING, INC., IN THE AMOUNT OF $35,210.00; AND C. CONTRACT NO. C27950C FOR SURVEYING SERVICES TO RBF CONSULTING, IN THE AMOUNT OF $25,901.00 SUBMITTED BY: Mark Greenwood, P.E., Director of Pubiic Works DATE: December 9, 2010 CONTENTS: Agreement No. C27950A Contractors Proposal Agreement No. C27950B Agreement No. C27950C Vicinity Map Recommendation By Minute Motion, take the following action with regard to the Portola Avenue and Frank Sinatra Drive Intersection Improvements project: 1. Select the warm-mix asphalt alternative; 2. Award Contract No. C27950 for the construction of the improvements to H & H General Contractors, Inc., in the amount of$3,931,371.00; 3. Approve a 10 percent construction contingency of$393,137.00; 4. Award Contract No. C27950B for geotechnical services to Southern California Soil & Testing, Inc., in the amount of$35,210.00; 5. Award Contract No. C27950C for surveying services to RBF Consulting, in the amount of $25,901.00; and 6. Authorize the Mayor to execute the subject agreements. Staff Report Award C27950A, C279506 & C27950C— Portola Ave & Frank Sinatra Dr December 9, 2010 Page 2 of 4 Funds are available in the following accounts: $1,050,714.00 from Account No. 213-4548-433-4001, Measure A; $3,094,005.00 from Account No. 232-4548-433-4001, Drainage Fees; and $240,900.00 from Account No. 400-4548-433-4001, Capital Project Reserve. Backqround The project consists of widening Portola Avenue and improving traffic flow, drainage, pedestrian access, safety, and aesthetics at the intersection at Portola Avenue and Frank Sinatra Drive. The project will replace the current four-way stop located at the intersection with a traffic signal. These improvements will bring the intersection Level of Service from F to C for the Year 2020 projections and support the City's traffic vision for 2020 as described in the General Plan. Drainage issues at the intersection will also be eliminated. The necessary right-of-way (ROW) for the project has been acquired along the east and west side of Portola Avenue south of Frank Sinatra Drive, the east side of Portola Avenue north of Frank Sinatra Drive, the south side of Frank Sinatra Drive west of Portola Avenue, and the north side of Frank Sinatra Drive east of Portola Avenue. On July 10, 2008, City Council awarded a contract to Kimley-Horn and Associates, Inc., in the amount of $511,000 to design the improvements and prepare the plans, specifications, and environmental documentation for the project. City Council subsequently approved Amendment No. 1 in the amount of $96,000 on September 9, 2008; Amendment No. 2 in the amount of $76,000 on September 10, 2009; and Amendment No. 3 in the amount of $4,000 on April 8, 2010, bringing the total design contract amount to $687,000. On December 10, 2009, City Council authorized staff to advertise the project for bids. Staff has been working with Southern California Edison to relocate transmission guy poles, which started in November of this year. On October 28, 2010, the City Clerk advertised and called for bids for the construction of Portola Avenue and Frank Sinatra Drive Intersection Improvements. On November 30, 2010, the bids were opened and publicly read aloud. The results are as follows: Contractor Locafion Amount H & H General Contractors, Inc. Highland, CA $4,736,864.00 Cooley Construction Inc. Hesperia, CA $4,785,998.00 Hazard Construction San Diego, CA $4,961,950.00 C.S. Legacy Construction, Inc. Chino, CA $5,161,118.00 Dateland Construction Company Inc. Indio, CA $5,371,418.75 Granite Construction Company Indio, CA $5,414,414.00 Staff Report Award C27950A, C27950B & C27950C— Portola Ave & Frank Sinatra Dr December 9, 2010 Page 3 of 4 H & H General Contractors, Inc., submitted the lowest responsive bid. In H & H General Contractors' bid, the base project costs ($3,593,206) plus the cost of conventional asphalt ($338,165), plus the cost of rubberized asphalt ($467,328), plus the cost of warm-mix asphalt ($338,165) totaled $4,736,864. The bid was 40 percent less than the engineer's estimate. Below is a summary of the project cost based upon the various materials available for the surface course of pavement. Base costs including Conventional asphalt: $3,593,206 + $338,165 = $3,931,371 Base costs plus Rubberized asphalt: $3,593,206 + $467,328 = $4,060,534 Base costs plus Warm-mix asphalt: $3,593,206 + $338,165 = $3,931,371 The cost for warm-mix and conventional asphalt is the same. Rubberized asphalt would be an additional $129,163. Warm-mix asphalt has been used in the recent Citywide Resurfacing and Civic Center Parking Lot projects. The material was easy to pave with, providing a smooth driving surface, and the asphalt has been wearing well. Warm-mix asphalt also has environmental benefits when compared to conventional and rubberized asphalt. The process of producing warm-mix asphalt uses less natural gas, and generates fewer emissions. Staff recommends that Council select the warm-mix asphalt alternative. The project requires geotechnical testing and inspections throughout construction. Therefore, staff posted a Request for Proposals (RFP) from professional geotechnical firms for the subject project, and the following firms submitted proposals: Geotechnical Firm Location Earth System Southwest Bermuda Dunes, CA Southern California Soil & Testing Indio, CA Staff ranked the proposals in the areas of qualifications of the firm and its personnel, management approach, technical approach to this particular project, and overall completeness of the proposal. Southern California Soil & Testing, Inc., scored the highest initially based on the aforementioned criteria, which accounted for 30 percent of the overall score. The cost, which accounted for 70 percent of the overall score, was also a factor, and Southern California Soil & Testing, Inc., provided the lowest cost proposal as well. Therefore, after weighting the qualifications and cost factors, Southern California Soil & Testing, Inc., scored the highest overall. Additionally, the project will disturb established City survey monuments and benchmarks that are used to establish the elevation, property lines, and roadway centerline. The survey monuments and benchmarks will need to be re-established, along with setting new monuments along the relocated centerline. Therefore, staff posted a RFP for professional survey services, and RBF Consulting, Palm Desert, California, was the only firm that submitted a proposal. RBF Consulting is a qualified Staff Report Award C27950A, C279506 & C27950C— Portola Ave & Frank Sinatra Dr December 9, 2010 Page 4 of 4 firm, the cost proposal was within 5 percent of the City's initial estimate for the surveying services for this project, and staff is confident in the value of the surveying. Fiscal Analvsis There is no fiscal impact beyond the contract amount. General Fund money will be used to fund the landscaping component of the project through Capital Project Reserve. The total project costs are summarized below: Previousl Encumbered Fund Utilit�L Desiqn Construction Total Environmental Measure A $291,519.00 $412,200.00 $1,050,714.00 $1,754,433.00 Draina e Fees - $206,100.00 $3,094,005.00 $3,300,105.00 Traffic Si nal Fees - $68,700.00 - $68,700.00 Capital Project Reserve ' - $240,900.00 $240,900.00 Total $291,519.00 $687,000.00 $4,385,619.00 $5,364,138.00 Prepared By: Depart n H d: � "� .,______- Aaron Kulp, P.E., Associate Engineer Mark Green od, P.E. Director of P blic Works Paul S. Gibson, Director of Finance Approval: r,. � John . oh muth, City Manager CONTRACT NO. C27950A AGREEMENT THIS AGREEMENT is made and entered into this 9th day of December, 2010, by and between City of Palm Desert, California, hereafter called "CITY" and H & H General Contractors, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. PORTOLA AVEUNE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS, PROJECT NO. 572-08, CONTRACT NO. C27950A, in strict accordance with the Contract Documents identified below, CITY has accepted said Proposal. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h} The General Specifications; (i} The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos. 01; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 250 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. CONTRACT NO. C27950A 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or suppties in connection with the performance of the Agreement. c. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $1,000 dollars per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicabte law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. CONTRACT NO. C27950A Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires 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 I will comply with such provisions before commencing the perFormance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. jRemainder of this page has intentionatly been left blank. Signature blocks are contained on the next page] CONTRACT NO. C27950A CONTRACTOR: BY: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY: ATTEST BY: Signature to be notarized TITLE: Mayor of Palm Desert. CA TITLE: Citv Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY State of California ) ) County of ) On before me, � 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 (Seal) CONTRACT NO. C27950A PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to H & H General Contractors, Inc. hereinafter designated as the "Principal", a contract for: PORTOLA AVEUNE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS PROJECT NO. 572-08 CONTRACT NO. C27950A WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, H & H General Contractors. Inc. the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of Three Million, Nine Hundred Thirtv-One Thousand. Three Hundred Seventy-One Dollars ($3,931,371.00), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and perFormed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its o�cers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the City to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. CONTRACT NO. C27950A IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) ) County of ) On before me, � 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 (Seal) CONTRACT NO. C27950A PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Paim Desert (sometimes referred to hereinafter as "Obligee") has awarded to H & H General Contractors, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated December 9, 2010 described as follows: PORTOLA AVEUNE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS, PROJECT NO. 572-08, CONTRACT NO. C27950A, (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, H & H General Contractors, Inc., the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Three Million, Nine Hundred Thirty-One Thousand, Three Hundred Seventv-One Dollars ($3,931,371.00), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. CONTRACT NO. C27950A The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be perFormed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAUCONTRACTOR: SURETY: (Typed Name of CONTRACTOR) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). {MPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) CONTRACT NO. C27950A Acknowledgment State of California ) ) County of ) On before me, , 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 (Seal) C — CONTRACTOR'S PROPOSAL PORTOLA AVEUNE AND FRANK SINATRA DRIVE , INTERSECTION IMPROVEMENTS PROJECT NO. 572-08 , ; TO: CITY OF PALM DESERT, "CITY" DATE: ��ef�1') ��/ S� ZOIZ� � BIDDER: H 8�H General ContractorB,Ina "CONTRACTOR" � The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the ' Contract Documents for the construction of, PORTOLA AVEUNE AND FRANK SlNATRA DRIVE � INTERSECTION IMPROVEMENTS, PROJECT NO. 572-08, hereby proposes to construct,�he work in accordance with the Contract Documents, inciuding Addenda � No(s). �L. for the amount � stated in this Proposal. � By submitting this Proposal, CONTRACTOR agrees with CITY: ' 1. That unless withdrawn in person by CONTRACTOR or some person authorized .� in writing by CONTRACTOR -- not by telephone or telegram — before the time 1 specified in the Notice Inviting Bids for the pubiic opening of bids, this Proposal ' constitutes an inevocable offer for 60 calendar days after that date. � 2. The CITY has the right to reject any or ail Proposals and to waive any � irregularities or informalities contained in a Proposal. ' 3. That the contract shall be awarded only by the governing body of CITY. Said � contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the � CITY shall obtain alt necessary signatures of the governing body, at which time ' the contract sha11 be deemed awarded. 1 4. To submit to CITY such information as CITY may require to determine the � Bidder's financial standing experience and to perform the work. � 5. That the accompanying certified or cashier's check or Bid Bond constitutes a � guarantee that if awarded the contract, CONTRACTOR wi11 execute the Agreement and deliver the required bonds and certificates of insurance within 10 ; days after notice of award. If CONTRACTOR faifs to execute and deliver said � documents, the, check or bond is to be charged with the costs of the resul#ant damages to CITY, including but not limited to publication costs, the difference in ' money between the amount bid and the amount in excess of the bid which cosis ' ClTY to do or cause to be done the work involved, �ease and rental costs, additional safaries and overhead, �ncreased interest and costs of funding the ° Page C-1 . project, attomey expense, addi#ional engineering and architectural expense and ' cost of maintaini�g or construction aiternate facilities occasioned by the failure to execute and deliver said documen#s. it is understood that the quantities shown hereon, except for those quantities marked � "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjustment and atterations as elsewhere provided herein. ITEM ITEM �ES�RIp1'it1N �lNITS QUANTITY UNIT Ct)S7 TOTAL NC�. . , ; BASE BID 1 Mobilization LS 1 S �Z�JC l�1 S �Z�,C`Ua^ 2 Stage Construction and Traffic Control LS 1 $,C��Q 00 S fy�.��QQ D � ? �� 3 BMP(Erosion Control) LS 1 S��QDO � .��QO D i 4 Adjust Utility to Grade(Water Vaive) EA s a� s 1,6�D , 5 Adjust Utility to Grade(Manhole) EA 13 � �: d s (��(p$ 6 12"PVC Sewer Lateral LF 60 a � � �Ql�'Q ' 7 Clea�ing and Grubbing LS 1 � 130��OQ � t?jQ'Q�0 , t $ Earthwork: Unclassifisd Excavation CY 13,500 S GJ�'�0 $"18�3 Q� 9 Eartnwor�c: Embankment CY 2,7Q0 $ '�.(p� �� , 10 Earthwork; Retention Basin Excavatfon CY 60,000 S y, ZC% 3 �, '�j Z� L%��,; � 11 Concrete Curb S Gutter LF 6,750 � `�,`�p S �$�Cj"�� 12 Concrete Median Curb LF 5,900 $�.�.�- $55�� 93 Asphalt Concrete Dike LF 200 a�.�� S ,C��/�g� 14 Type itl Barricade EA 1 a 1��'�� a� ! 15 Truncated Domes EA 2 $ �� $ � ;a,�2 � 96 Concrete SidewaJk S� 27,OOfl $ a,�� $ � � �� Page G2 � � ITEM ITEM DE$�CRIPTION . UNITS QUANTlTY UN1T�Ct�ST TOTAL NO, ' �� Rencrete Pedestrian Curb Ramp(Access EA 4 S �'"„�p s�p p�0 p� .� , , �s Class 2 Aggregate Base(10„� cY 7,�Ts s�yc 3a a /7�, �9� r * 19 Asphalt Concrete(Surface Course) Ton 4,70Q $ "�� 9S $ �8� /fps , � 20 Asphalt Conc�ete(A.C, Course) Ton 4,200 $ �� 3� �'70 ' 21 Coid Ptane Asphalt Concrete Pavement SF 154,000 S �. ,� S �� 22 Signing and striping LS 1 E �,9� 0�0 $ �/�0�0 1 � ' 23 Traffic Signal lnstaliation LS 1 $ � �Q p� S Z��;D j� � 24 Landscape and irrigation LS 1 $ �1 qJ pGfd � Zl��Ov�� "1 25 6"PVC LF 1,375 S �'"3,'�` $ 73�9�0 ; � 26 24" PVC LF s a �3�3� E ��0 8 --� 27 18"RCP LF 460 S /�i.�0 S "��/o� � 2$ 24"RCP LF 400 $ /�. �i� S � 7Sf�'�'�d , 29 30" RCP LF 220 3 /'7Q,.sJ'r S ��s�� 30 36"RCP LF 1,035 3 ��p S /� �00 � ; 31 42"RCP LF 1,800 $ �/8 S�/a��O D 1 32 60"RCP LF 1,550 s ��3 a��3� (p.S�O t ,/ ; 33 StormTech Infiltration Chamber EA 8 S f�"7(�j� S /'7/ //02, � 34 Modified Curb I�let EA 8 $ �300 $f��yQ� , 35 Curb Inlet l=7' EA 2 � ��j''(�g E �� , , 36 Curb inlet 1=14' EA 3 $ �93� 3 /� �� ) 37 Curb Inlet L=21' EA 5 $ $ , /0,�D`� u�/, S�� Page C-3 � . , ITEM ITEM dESCRIP"T'It3N UNtTS QUANTITY UNtT�4ST TOTAI ' Na. , , 38 Cu�b Inlet L=28' EA 7 $ ��'fj� s �'�7� 39 Headwalf EA 2 S�7(�p 0 a�yC�pO � ' 40 Sewer Manhole for Nuisance Flows EA s a o?,/�.� a ��6� �� 41 Manhote No.i EA 3 $ �� $'7G/� : � 42 Manhote No.2 EA 9 ;�.��J' S�� /,3� 43 Manhoie No.4 EA a a S'qo� S� 61�2 , � � 44 Speciai lunction Structure eA � a�a,G3'G s /a`5"� ` ' , 45 Dry Weil EA z S 9 �ag s ��G"7� ? + 46 Rock Siope Protection CY 54 �a �fj'7 s /� /�8 47 3/4 inch Gravel Layer under Riprap CY 15 S �'�q ;��j 8� � 48 Abandon Existing Dry Wel) EA 1 S �G�Q s �� b�� i 49 ConcreteEncasement CY 1,925 E �p►� S1��,7-00 50 SCE Ccnduit System LS 1 S��'Q0� s 7q Qd O � i 51 utility work �s 1 � ��p S// �DD TOTAL BASE BID PRICE $ . - ITEM �TEM DESCRIPTtQN UNITS QUANTITY UNIT C4ST TOTAL { NO. ALTERNATE#1 BID ' 19.a Repface Base B(item#19 with Asphal# Ton 4,8000 S �, � � ,�7 Rubber Hot Mix ARHM Concrete � � � �� TOTAL ALTERNATE #1 B!D PRICE $ ,��,'7� ,3� Page C-4 � � ; iTEM NQ. iTEM DESCRiPTIC?N UNITS QUANTlTY UNlT COST TQTAL � ALTERNATE#2 BID � � 19.b Replace Base Bid Item#19 with Warm Ton 4,700 E �S a Mix Asphalt Concrete 7�� ,,3�� L� � � ; TOTAL ALTERNATE #2 BiD PRICE � ,,338, /6 S� , ' The costs of any work shown or required in the Plans and Specifications, but not � specifically identified as a Pay item are included in the related Pay ttem(s), and no j additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. `a �3� ��y �- � TOTAL BiD AMOUNT IN FIGURES (BASE BID + ALL ALTERNATES) $T_,� TOTAL BiD AMOUNT IN WORDS (BASE BID + ALL ALTERNATES) �a..✓ /h��/o.� , �'�'i��J l ✓n tL ��c � S� J�c ►�v-l.�S�r- � l�� ,��/h:�-d S�� ! ' IN WlTNESS WHEREOF CONTRACTQR executed this proposal as of date set forth on - Page C-1: �, � � By: 6i-� � Sign re / Title: � Q �C�n� -�C � � CONTRACTOR � State of�aJifornia ) a � ) � County of ) 5 Subscribed and s,*wom to (or affirmed) before me on this�____r day of (moh�h), (year), by , prove to me on the basis of satisfactory e�ldence to be the person(s) F who appeared before e. , `i,�;,�._,�r-�..�t:��' y ��, ; � �ti �r ��_� .t ��. �,�,��- '�,,� , �.-,..3.-. } Signature of Notary (Seal of Notary) ' Page C-5 CALIFORNIA JURAT WlTH AFFIANT STATEMENT , _ � , __ _ _ �c��z�r,�,�r,�r� ;�See Attached Document (Notary to cross out tines 1-6 below) � See Statement Beiow (Lines 1-6 to be completed only by document signer[sJ, not Notary) � , � , . � } �. � ,� , ,�'`�� ' .j '. / � I� �� `� � .` 4y. ti si�aturo ot oocumeo�signer rw 1 — --- S�Q�ah,.e o�oocumenc s�gner Mo.2(A anr) State of California Subscribed and swom to (or affirmed) before me � � �� Counry of �.t ,,,l�,.r-,�y-��,'►-�o on this,��day of �_��;._-. 20�;,._, � Dale Month Year by , � �1� �LJ3----��..,�� .� � (�.c�� ;; �a. ' � � t Name ol Signer � proved to me on the basis of satisfactory evidence ��1f WALLEa to be the person who appeared before me (.) (,) ConMMssbn#1895552 (and Not�ry PubUc-C�liforni� Sm 8�►dfnu Caunht = (2) �'�'� � Cq1�n.Ex ins Ju115 2014 r,eme a s�� i � proved to me on the basis of satisfactory evidence to be the person who appeared before me.) �; Signatute � �� . - ,�. �✓1 P_ � Place Notary Seal Abova S�g u oi Nolary Pubt�c `,�� OPTIONAL Thaugh the inlormation be/ow Is not requ+red by law,N may prove valu- Top ot ihumb here Top of thumb here � able to persons reiying on the document and could prevent lraudu/ent i,' removaf and reattachment o!this farm to another document. '4 � � � Furiher Description of Any Attached Document .'�� ' _ Title or Type o(Oocument: �,�,:_�{�i�c.�r�. -. �� ,�_ _ _ _ �j `...�-.� � ' Document Date: �.�,� .c�.� 1?_ __ __._ _. Number of Pages:� � _ � , ._.,--z�,�,...�_1`.:. , _.___ _.._. Signer(s)Other Than Nemed/lbove: _ _ ; . ��+. _ � - _ ._ -. . .- _ --��"R'r��'-�'�fi — __ _ � _' _ _ _ -, _ _ � . .. . • m 2009 Natlonel kotary Assoctation•NahonalNotary org•t-800-US NOTARY(t-800-B7E6827) Item M5810 , D — tNFORMATION REQUIRED OF BtDDER The bidder is required to supply the following intormation. Additional sheets may be ; attached if necessary. , (1) Address � � � C a�� f (2) Telephone No. - �� C�� . �� l� ; (3) Type of Firm (Individual, Partnership or Corporation) � C�, 1 (4) Corporation organized under the laws of the State of �l�(l�1 I C�l, Y n ' (5) Contractor's License No. t�� Exp. Date �o��o��' ��I � Contractor hereby swears der nalty of perjury that this information provided is true � and corre.C��; , �' 1 // f / By: < .�- Titte: Q (�� ' �r��l � Si re Contractor � ; {6) List he names and addresses of all owners of the �rm or names and titles of all ` officers of the corporation: �� ( � ' ��" � t --�QQ� U (' �o��O�I(Yl�t�� , U� � ��l �.1. �1 � -� �t - �� l,C� S � � � �T��G � �.� � 611� �� . �� ,��r� c�.�' r i �u� � ► , � sG (7) Numher of years' experience as a Contractor in construction work } (8) List at teast three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & ' Tele hone o. of Owner � , � �r Qf��,�5� s1�t�,�k�s�� M�,` �.01 p r°t��n�`v.c t.�,� �S�`� ��-�- � L, ( , `r�(� /� Q 8/� � l��C i�-l.�Gtt�l� �1�1 12CJU 2. . �Y�(�(d {`t�� tY,`. S� �!�- ��- �� j�rn�d(�,u.� N��,, ��Sp�U+� s*�� -�t cx� ��(�� I ��- ti�_ �� g 2w t �.�VOfftdC,C� q3�S�,�- 3t� � , 3' s-�vmnd�i,�� ea �d t.�"� c��;�C�r�t' �J� , � �,�Q ��}",�� _��,��,� �,!� 2d�� r �v�L�-�tnc�� 1 . Page D-1 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: � � Q Subcontractor's Name: t S t Ol(� ~ c..�1,�,J�j/ � f , License Number: �3 8� ' Address: / .Q�V . '� �� Telephone:__ `7��b� '6,3.�0 Work to be performed: J ,� Subcontractor's Name: a. t � , � � , n , � ,� License Number. „2G��'��— ti /� , + Address: �.��02 -,�f'L/Q��1"y�( �.� � vr,� � eA, . Telephone: 57 � — Work to be pertormed: Subcontractor's Name: � License Number:�(�,�3�7 , Address: 3 7'� c�U� X E�ti p � G� . � ��"v � �,�r�ta��.�.,4-� 9�a ^ ' . � - Tefephone: 91,�f ��— �17a � � Work to be performed: . (10) List the of the erson who inspected #he site of the proposed work for your firm - C� � � c? � �� . (11) A financiai statement or other information and references sufficiently comprehensive to permit an appraisal of your current �nancia! condition may be required by the City. � Page D-2 (9) List the names and addresses of each Subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each Subcontractor: Subcontractor's Name: � �icense Number: _��i�,��_�-_-_ ___�-__-- - -- - - _ _ Address __��-J��'v,�- !O� -- -____ __�_ �._ _�.______ � - __— _ . � �_ __ ��_�___._ ._ __ ___ _ Telephone:_�__� 9� �..3� — �L� _ __,__� _- Work to be performed:�__�� _�„__ _�_ Subcontractor's Name: f y �' � � License Number: _____ ____ __ - -- - - - -- - __ __� _____ _ Address: '`�l?��+��"?�'�---�_�"---��(} d _�._ _ P . � 1 Telephone: 7(vb �� " " __. ___ _�� _ __ � Work to be performed: G �— Subcontractor's Name: 1�.1� l l�c.� /M�v S '�� ,, - � , License Number: �;�� rH �� /�� U Address: � f'' . � �� 3 (r�3 !'p p`-e �c,.. �� _ � �� ! � � 07 Telephone: 7�O -- � `�D — �(� S�(,7 Work to be performed:_ � .Ao-'� S r'�D� n�c (10) List the na of the�erson who inspected the site of the proposed work for your � �- firm �r I.i"r �,_�� t��f � � �� rl /`v�� %i l!t'�r�� (11) A financial statement or other information and references suffic�ently comprehensive to permit an appraisal of your current financial condition may be required by the City. � Page D-2 , � E - NON-COLLUSION AFFtDAViT To be Executed by Bidder and Submitted with Bid � STATE OF CAL{FORNIA � �. , ) SS : COUNTY QF 1, ) � � � , be'n first duly, swom deposes and says that he�e is c1e ' of� � ,'�U(�`,t�, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of � any undisclosed person, partnership, company, association, organization, or � corporation; that the bid is genuine and not coUusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, i and has nat directly or indirectfy co{fuded, conspired, connived, or agreed with any ; bidder or anyone else to put in a sham bid, or that anyone sha{I refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, , communication, or conference with anyone to fix the bid price of the bidder or any other a bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against ti�e pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, , company, association, organization, bid depository, or to any memb r or agent thereof , to effectuate a collusive or sham bid. � gy. , � .�% Sign S Title: - � � ` CUNTRACTOR � State of California . County of Subscribed and sworn tQ�or affirmed), before me t1�is day of (month j, 20 (year ; by , proved to me on the basis of satisfactory evidenc�o be the person who appeared before me. ,� '_ ` . � 1-k� �� <�..�..�..�LC� �\ C:.�-�--�.:._. Signature of Notary: Notary Public in and for said _ County and State `� - (sea! of notary) Page E-1 CALiFORNfA JURAT WITH AFFIANT STATEMENT - - - _ . _ - - -_ _ � _ �� . � �See Attached Document(Notary to cross out lines 1-6 below) 3 �� 3 See Statement Below (Lines 1-6 to be campleted oniy by document signer[s], not Notary) f � � � °�.� . \ � � � � �° ��w� � ��ti � , �� , � Signature W Documenl Signer Na.1 3lgnature d Documant Signer No 2(il arryl State of California Subscribed and swom to (or affirmed) before rne � t�• -.-7 y` � County of �b„ j-;,r��-.,��-��r,.� on this � day of �:.:��L_.r_, 20 �b , � Date AAnnlh Year � � by (1) r , � Name ot 5�4� proved to me on the basis of satisfactory evidence , to be the person who appeared before me (.) (,) � KEL�EY WA�4EN� (and ! ComnMs�fon�1895552 n , •' Irotup Pul�ic•ca►Morni. � (2) �-! ��,�,�` _�Y f� �, F-�.��Y�� , u � Sm 8�rnardUlo Coullty .• nwme m e� Comm. Jui 15,201� proved to me on the basis of satisfactory evidence to be the person who appeared before me.) ' ' Sigpaiur___ Q�1�,.� � �:�.� � Ftece Notary sea�Aaove � � ��Y� c opr�onrac � . : . . : . � � Though the+nlormation befow is not�eqwred by law, it may prove valu- Top at thumb here Top ot thumb here � able to persons�elying on the document and coWd prevent fraudulent � � removat and reattachment of this form to anather document � r Further Description of Any Attached Document � � - 3 \ [� 5 ' Title or Type of Document:�_�3 ��.�e.�s• "`i�!��.� I 3 � � � � Document Date: _� �,��..�..Q_. _ __Number of PaQes: �__ � `{b 0�- �"`� S� .e.�'..{ � Si9ner(s)Other Than Named Above: __ _ , _ ___._.__ ____ .._ _....._ . . _ .. . ^�L."�i._ -. __ '�.'�.'�t.'�C.:_ . . _ . _ _ _ A 2008 NatWnal Notary Aasoclatwn•Nal�ortalNotary.orp•1-800-US NOTAFlY(t-800-876-6827) �tem r5910 F — B+DD�R'� g�ND To Accampany Propasa! KNt�W ALL MEN BY TMESE PRESENTS, That we, H&H General Contractars, Inc. �S prinCi�B�, arld_ Safeco Insurance Company of America � gUt�Ety, are heid and �rmiy bound unto the City of Palm Desert in the Sum of$ �o°� (10�0 of bid) to be paid ta tiie said City or its certain attomey, its successvrs and asslgns; for which payment, well end truiy t4 be made, w� bi�d ourselves, dur heirs, executors and administr�tvrs, successars or assigns,jofntiy and severafly, firmly by these presents. THE CQNDITION OF YHIS �BLtGAT10id IS SUCH, tha# if d�e certaln proposa! of the above bounden principal to perform cert�in wark descMbed �s f4liows: This projsct wiil i�tprov� the intersection �t the Portola Avenue and Frank Slnatra Drive intersedion. This inferae�ction is currentiy �iuitt as an a!1-way stop cx�ntrol intersection with #wo thn, tanes and a Ieft-turn fane in �ach directlori. The proposed improvements would install a traffic signal at the ir�iersection and addltlonal widening both north ar�i sQuth of the lntersectior�, to now be+come a six iane facil;ty. Portola Ave�nUe wiit be widened ta the north approximately 1500 feet and to the south approximately 230d feet. In addition, improvements will be made ta the existing dralnage on Portola, Frank Sinatra, and Heatherwpod (including � retentian basin on the east side of Portola, south of thg Intersectipn), and la�ndsca�e for th� entire project. and dsted ___November so,2a�o . �is accepted by the C+ly of Paim Desert, and if the above boun��n principa) H &H General Contractors, inc. Sn�� duly enter into and execute e contract for such constre�ction, and shall execute and deliver th�@ Performance Bond and Payment Band and insurance certl�cates �s r�quired by said contract, then this obligation shail berame null a�n� vaid; otherwise tt shaq be an�1 remain in futl forc� and effed. Sha,ld i# become necessary for the City to ins#itute a lawsuit, Qr any o#her lega{ proceedirx� to enforce the terms and conditians of this bond, then aN oosts of said proceeding, induding attomey's fees, shai! be awarded to the prevailing party, Page F-1 IN WtTNESS WHEREOF, We hereunta set our Har�ds and Seals thks 23� day of Novembe�. ?_p10 Contr'�ctv�'s Name: H& H er I Contr Inc. Contractor's Signature:_ � T�t►t�:_ �P`` �. :2� - '' ' ' . Addross: 2� E. Drake, San Bemardino, CA 92408 Telephone: se��-�� a.0�- �`t!-j g_� Sut'�ty's Name: Safeco Insurance Com an of America Surety's Signature: a�111�s2 � ��U;�, - --Caurie�. �5ruck Titi�: Attomev-in-Fact Address: 1001 4th Ave Suite 1700 Seattle WA 98154 Telephone: 2os-a�s-3563 Page F-2 :AL��ORN,IA ALL-PURPOSE ACKNOWLEDGEMENT ' State of California > ss. � County of San Bernardino On November 23. 2010 before me, Cvnthia J. Youna. Notary Public Name and Tide of Otficer(e.g.,"Jane Doe,Notary PuWic") Personally appeared Laurie B. Druck Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the �--��*�»��-�� within instrument and acknowledged to me that she � GYNTHIA J.YOUNG executed the same in her authorized capacity, s •# .�� =� CQMM.# 1806614 � and that by her signature on the instrument the . - A 1?NOTARV PUSLiC-CALIFORNlA� person, or the entity upon behalf of which the pe�son �' ' SAN BERNARDiNO COUNTY acted, executed the instrument. �'"«•�My U.orrtm.EXpires July i 5,2012 .�,a,: . ��.= W I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WlTNESS my hand and official seal. I�C.aC._ 6e� Slgn e of Notary P ic OPT/OIVAL Though the information below is not required by law,it may prove valuable to pe�sons relying on the document and could prevent haudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Clatmed by Signer(s) Signer's Name: O lndividual O Corporate Officer Title O Partner — O Limited O General T�d„„,,,,b n�,e O Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: '�i1S PO4GER OF ATTORNEY t$NOT VALIO UN�ESS IT IS PR1f�17ED QN RED BACKGROUND. 4119890 Thf's Power of Attomep limits the acts ot those named herein,and they hsve ra authorfly to bind tha Company except fn the man�er and to ihe extent ' herein steted. SAFECO INSURANCE COkOPANY Of AMERICA $EATTLE�WASHINGTON POWER OF ATTORNEY KNOW ALL PERSOMS BY THESE PRESEM'S: That Safeco Insurance Compauay ot Amerk:a N�e"Cort�a�Y�. a Wa�irtgt�stock ir�sura�company, pursuant to�d by authority of the 8y-�aw and Aud�o�izatfon h�einafter set brth,does hereby name,c�nstitute and appoint �AY P.FREEMAN, PAMELA MCCARTHY�CYNTHIA J.YOUNG,I.AURIE B.DRUCK,ALL OF THE CITY OF 3AN BERNARDINO,STATE OF CAUFORNlA .................................................................................................................................................................................................................... .................................................................................................................................................................................................................... ,�ch individuapy if there be mae itren one named,its true and IawtW attomey-in-tact to make.execute,s�,adcnowledge and deWer,for and on rts behalf as surety end as its act arui deed, any and aii undertakings, bonds, recogn'a�ces and oU�er swety ob�gatlons in the penel sum not exceedfng �IFTY MIL�ION�,�D 00/t00••••••••••••••• •*••••ppLLARg (S 50,000,000.00••••••••••••••• ••••••) eact►, and the execution of siu;h urxlertekbigs,oonds.renognizences and ou,er surety ohug�ons,in p,rsuance of u,ese preserRs,shaA be�birx�ng upon»�e Cor►pany as if they nad been duy siynea by Q►e pres;dern and etteated by U,e secrc+fary af ine corr►�ny(n their own proper persons That this power is rrrede erx!executed pursuant to and by auttwrity of the foUowing 8y-law and AuthwizaGon: � � ' ARTICLE IV•Execution of CorKracts:Sectfon 12.Surery Bonds and Undertakings. � Any otflcer or othe�official of fhe Corporatlon authorized far that purpose in wridng by the Chairman or the Presiderit,and subject to such IimkaUons � er es tt►e Chakman or the Presidertt rtrey prescdbe.sfiall appolM such atbmeys-in fact,as may be rrecessary to act in behatf of the Corporatlon b make, � exec�te,seai,�knowledge and d�iver�surety arry and�undeRakings,bonds,recognizances and other�rety obNpatior►s Such attomeys•in- �� fact,subject to the Nrmtations set forth in thek respective powers of attomey,shell hava fuH power to bind the CorporaGon by their signature end � M executed,such instrt�nts shall be as binding es ff signed by the president and atte�ted by the secxetary. c C W '� By the following inst�umeM the chairman or the pre�deM has authorized the o1Ncer or other otficial named therein to appoint attaneys-in-fact: _ � ' m PursuaM to Article IV,SecBa�►12 of the By-laws.Gamet W ENiott,Assistant Secretary of Safeco Insurance Company of Amenca,is aul�rorfzed to �� ' 3 appoiM such a�taneys-in-fact as may be nece�ary to act in behalf of the Caporatbn to make.exeaite,s�i.edcnowledge and deWer as surery �W '; any and aN undertakings,bonds,reco9nizances and othec 3txety obligations i E �� That the By-law end the Authorization set forth aba�ne are true coples Mereot end are rww in tuA force anci e�ect. O � � C ' � a�? ,'� IN WITNESS 1AMEREOF, Uus Power of Attomey has been subscribed by an authorited officer or oNicial of the Company and the corporate s�l of �� ; � Safeco Insurance Comparty of Amedca has been affixed thereto M Plymouth Maedng.Pennsylvania tlNs 17ih dsy of September , �� ;� 2010 ;,� SAFECO INSUAANCE COMPANY OF AMERICA a � � a� e (�,�-.� w- . -r�-..� �� y �;►• Gamet W.Eilbtt.Assistant Secretary o ;= COMMONWEALTH OF PENNSYLVANIA ss � ;� COUMY OF MONTGOMERY � � '� On this 17th day of Seniember 2010 , before me, a Notary Pubkc. persor�ally came Gemet W. EHfott, to me known, arM �g � acknowled�d that he is an Assistant Secretary d Safeca Ir�urance Comp�rry of America: that he knows the s�l nf said corporation: and that he � i � euecuted the abave Porrer of Attomey and aHixed tlie corporate s�l of Safeoo Insurence Company of America tha�eto with the aud�ority and at the �� ; � direction of seid c�tporatlo�t. ' v IN TESTIMONY 4VHEREO f�►vb� o subscribed my name and atfixed my notariei seal at Plymouth Meebng, PennsyHania. on the day and year �� r flrst�ove wriitten. � � �� BY ,L�.� Ter PasteNa.Notary Pubhc CERTIFICATE i, the undersigned, Assi f�r f� SBfeco in�xertce Company of M�eriCS,do hereby t�tity thffi the orfginel power of attomey of which the foregoing is a tuN,true and .is in tuli forrce and effect on the da2e af tt�s ceRNicate:�d 1 do turther certil�r that�e ofHc�w oificial who executed the said power af attorney is an Assisf�►t Secret�y specialiy authorized by the d�airman or the presideM to appohri attomeys-in-fact as provided!n AAide N,Section 12 oi the By-iaws of Sateco Insurance Company of America. Th�s certiflcate and the sbove power of attomey may be signed by fetsimile or med�aNcally�ep►oduced slgnatures under and by authority of the fdbwing vate of the board of directors of Sateco Inswance Company oi America et a meeting duly ceNed and held on the 7 8th day of September.20�. VOTEp thst the facsim�or mechanically reproduced signature o!any assistant secretary of the c�mpany,wherever appeering upon a certified copy of any power of ffitorney issued by the a�mpany in cannection wiih surety bonds,shell be valid and binding upon the compeny with the same force and effect as though manusity aiflxed. 2 i ESTIM NY WHERE�OnF,tI1 1have hereunto subscribed my na 'xed the corporate seal of the said company,this �.�►� day of .�W�—• , Da M.Ca►ey, t Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State af Califomia � ss. County of San Bernardino +' . -� On �c�� - , �� _. t ' �:.�i.��.::�_�., � � .,�_ ,.�. •�.�•� �• before me, �� t ?.�,�_ � ..,.a �,- } z ;j� <�_. Name� Title of Omcer � personally appeared Alfred Trov HodQes who proved to me on the basis of satisfactory evidence to be th¢�person(�who�,e nam�Q�Xis/rqr� subscribed to the within instrument and acknowledged to me that�t/�ke�ey executed the same in(hi�r/t�ir authorize�l capa�cit�("te�), and that byt�is/h�r/�l�eif,signatura��on the instrument the�erso�i(�, or the entity upon behalf of which th�person(�acted, executed the instrument. I certify under PENALTY OF PERJURIT under the laws of the State of California that tlte foregoing paragraph is true and correct. � KELLEY WALLEN Comrt�tbn#►t895552 WITNESS my hand and official seal. N0�'�'�'�0�� , S�n 6�rnu�no Cautt�► , , . . Cod�m. Jui f5 20i� �- �..::�t�.•� ..._i ..s�., (•' Signat�a�of Notary Public Place of Notary Seal Above OPTTONAL 7'hough the infortnation below is not required by law,it ttwy prove valuable to persons rely'sng on the document and could prevrnt frauduknt removai and reottachment of this form to another document. Description of Attached Document Title or Type of Document:� l.j.;�,,{�-�' ,,. `�',.�,_�, _ �� Document Date: 1 �;. �:o- Number of Pages:,_ ; �i,.• . ', , , ....��._�LL. �4 Signer(s)Other Than Narned Above: ----�..� Capacity(ies) Claimed by Signer Signer's Name: �-�� .:�.:C, �'��.� F�.�,��d=r- �Individual '6d'Corporate Officer �� .� , . _ � _ T�tle(s): r.��,:�t . ;� � �� ,:.,-,,_ OPartner- ❑ Limited U General `'°'"`�`"` ❑Attorney-in-Fact ❑Trustee OGuardian or Conservatar 0 Other: Signer is Representing: CONTRACT NO. C27950B AGREEMENT THIS AGREEMENT, made and entered into this 9th day of December , 2010, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and Southern California Soil & Testing, Inc., 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 services as set forth in Exhibit "A" (CONSULTANT'S Proposal of Services) in connection with Geotechnical Services of Portola Avenue and Frank Sinatra Drive Intersection Improvements. 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. (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 Page 1 of 8 CONTRACT NO. C27950B 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. The Registered Civil CONSULTANT hereby designated by the CONSULTANT as its representative for supervision of the work required by this Agreement is Garrett Fountain, R.C.E. No. 63885. (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 Page 2 of 8 CONTRACT NO. C27950B consultant, any fee, commission, p,ercentage, brokerage fee, gifts, or any 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 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 Page 3 of 8 CONTRACT NO. C27950B shall require the party using them to indemnify and hold harmless CITY and 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 a�rmative 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. Page4of8 CONTRACT NO. C27950B (14) The CITY agrees to pay the CONSULTANT for the work required by this Agreement on the following basis: CONSULTANT shall submit invoices monthly for services perFormed in the previous month not to exceed the total contract amount of: 35 210.00 (Thirtv-Five Thousand. Two Hundred Ten Dollars: 00/100 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. (15) The CONSULTANT agrees to complete the work and submit the Final Design as displayed in Exhibit "A". (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: Page 5 of 8 CONTRACT NO. C27950B 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 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 arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the CONSULTANT, its agents or employees, while engaged in the performance of this Agreement. The CONSULTANT shall submit to CITY, prior to the issuance of the Notice to Proceed, certification of adequate coverage for "errors and omission" insurance in amounts Page 6 of 8 CONTRACT NO. C27950B approved by the City Attorney. Any such insurance shali 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: (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 CONSULTANT A Municipal Corporation Cindy Finerty, Mayor Authorized Signature Date: Date: ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO CONTENT: Mark Greenwood, P.E. David J. Erwin, City Attorney Director of Public Works Page7of8 CONTRACT NO. C27950B EXHIBIT "A" Page 8 of 8 I, Proposal �" ;t� � � ;�, ? ,� November 23,2010 SCS&T No. I OISO48 ,r ,. �` Aaron Kuip,P.E. - Associate Engineer City of Palm Desert,Pubiic Works Department , ,� �3-510 Fred Waring Drive ' Palm Desert,CA 92260.2578 Re: Geotechnical Services-Project No.572-08 Ciq of Indio Portola Avenue and Frank Sinatra Drive Intersection Improvemenu Dear Mr.Kulp: In response to the Request for Proposals (RFP)issued by the City,Souchern California Soil&Testing,Inc.(SCS&� has prepared the following proposal and ? qualifications package to provide materials tesang required for soil,aggregate ' and asphalt concrete for the completion of construction for the intersection 1 improvemenu at Portola Avenue and Frank Sinatra Drive. SCS8cT wili � �F' ` •'� coordinate the material testing along with preparing tesang reporu accordingiy. � SCS&T is a consulting firm speaalizing in the fieids of geotechnical engineering, � ' ` special inspection and materials testing services. Over the past SO years,the ' '� `�'"� �"�"� firm has worked on thousands of successfully completed projecu in both the .,,�, 7 public and private sectors. Aside from our work with the City,SCS&T has � provided similar services to other cities in the CoachellaValley,including the cides of Palm Springs,Coachella,Rancho Mirage and La Quinra. Gcy of Palm Spnngs We are a Small Business Emerprise(SBE)certified through the State of California and have one of the most reputable full-service laboratories in Southern California.We employ over 60 professionals,including licensed r engineers,engineering geologsu,certified special inspectors,geotechnical and macerials technicians and d�e appropriate supporc personnel. Our ctients tend to see the same inspeaors,oechnicians,and engineers throughout the life of a project,which helps to provide continuity,leading to a clearer understanding of , the Ciq's project goals. , SCS&T meets the insurance requiremenu as stated in the proposal,and will maintain these requiremenu during the entire term of this agreement Please see the enclosed sample insurance certificate. Garrett Fountain,a Registered California Civil and Geotechnical Engineer,will „ serve as the SCS&Ts Project Manager and contact person for the remainder _ , of the selection proc�s. He can be r�ched at gfountain@scstcom(c) 619.944.4012{o)760.775.5983(fl 760.775.8362. ��;R , .�k,� M� ,,;,�. PROJECTUNDERSTANDENG In general,the intersection improvements at PortolaAvenue and Frank Sinatra DriveAvenue will include realignment of centerline,widening of the roadway, consvuction of a median island,utility consvuaion and landscaping. The purpose of the geotechnital services and materials testing is to assist in °�`�s° » �" �" �x �_� �-�� the corrcrol of the quality of the work and verify that the completed subgrade - beneath the curb/sidewalk,backtill in venches,pavemer►t aggregate base and ' r ' t'` asphalt concrete meet project specifications. SCS&T has the experienced � personn�,field and laboratory equipment,and engineering expertise to ` complete the required testing services in a professional and timety manner. � � I.Proposal Whether a projecc requires research,anaiysis. SCOPE OF SERYICES inves[igacion or recommendadons,our staff has the experience necessary co provide reliable SCS8cT will conduct the following tests for the projett: informacion. SC58�T can assist in various aspeccs of che projecc from sice planning to ,�t thorough sice grading and final development ��a)�� F�� T�� t �iC1'�(7�QIt Of Te3tied Sise Frequ�ency 1�,d�ods Tasc 5C5&T provides field observation and Native Soil As Three random D!557-09 Laboratory tescing during earthwork to assist in (Under Curb/ Required test throughout Compaction the impiemen[auon of geocechnical ' SldeWalk� the project area Characteristics recommendacions and specifications are Of$OII followed during cor�struction. ' Native Soil Any test One random D6938-I 0 In-Place Density (Under Curb/ location location for and Water Sidewalk) {random) every 1,500 Content of � sq.�. Soil by Nuciear ' Methods Backfi�� As Three random D f 557-09 Laboratory Material Required test throughout Compaction } {Trench) the project area Characteristics of Soil Backfill Any test One random D6938-10 In-Place Density Material location location for and Water (Trench) (random) every 200 In.ft. Content of Soil by Nuclear Methods , Pavement As One sample for D I 557-09 Laboratory Aggre,gate Required every S00 tons Compaction Base of material. CF�ratteristics r of Soil Pavement Any test One random D6438-10 In-Place Densiq Aggregate location location for and Water Base (random) every 2,500 Content of � Sq•ft. Sal by Nuclear , Methods Asphalt One 30.1bs One sample for D6437-OS Determining Concrete per day of every five cores Densiq of producdon taken. Emulsified ' Asphalt Asphalt Any test One sample D295Q-09 Densiq of Concrete location for every I,000 Biwminous (random) tons of asphalt Concrete in concrete. Place by Nuclear Methods GEOTECHNICAL OBSERYATION& TESTING In the event that any test fails to meet the indusuy standard,additional tests SCS&T provides field observation a�d testing will be required until the material meets or exceed industry srandard. intluding: A summary of all tesu will be provided to the City within 3 business days Underground Utilities following each tes� Additionally,at the compledon of the project,a final report Grading outlining all tests performed and resulu wiH be provided to the City. Base Macerial Asphalt Caissons Footings Soil Nail �T I. Proposal SCS&T��known as one af the most We anticipate that the work wil)consist of: c:omprehensve laboracory and testing facilires m Souchern Cahfornia. • Project Engineer participation in a pre-construaion meeting; I(�t can be buiit,we can test it.When other . PeriodicaNy observing subgrade preparation and performing a test tesung and inspection firms do noc have�he pragram to evaluate the degree of compaction achieved; necessary equipment a�expertise required tc� piocess cests,they come to us.We have bee^ referred to as��the lab's lab" ' Performing laboratory tesu to evaluate the pertinent physical properties of the materials used in the earthwork; All laboro�ory tesung and inspeccions are performed without compromise and are • Periodically observing and testing backfill associated with utility � executed in compliance with current industry undergrounding and relocation as necessary; standards. • Periodically observing and testing curb,gutter,sidewalk and roadway , subgrade and base; � £ • Periodically observing and testing asphalt concrece. � I DEUVERABLES Field reports will be prepared and delivered to the City's represernative daily immediately following each site visi� Laboratory test resulu will be reported as soon as the tests are completed. Specific report formau will be developed in consultation with the City,and reporting procedures will be established to transmit fieid and laboratory test reporu,conclusions and recommendations in the most efficient manner. ' CLOSURE r SCS&T has taken that experience and lessons learned in working with numerous public agencies,and applied them to assist us in refining our processes and procedures in order to better serve our clients.We appreciate ' the opportunity to present our qualificaoons and I�k forward to the possibility working with the Ciq of Falm Deser�t. s Respectfully, PRUCEDURAL.�UlC>ELI�VES& Southern California Soil&Testing,Inc. CERTIFfCAT10N5 Wr are certlf€=ci'�y anu ac�hrrc ev c�� / '�� \ burdeline;of several r�e�.,lat,ary ag�nci€�s. _ �n��{�d�� •'��Garrett Fountain,PE,GE Principal Geotechnical Engineer AASNTC�h1.i�erial Referenie libraf y(AF�MLI Amnricati Sndccy for Testing&Materiai, Enelosure: Work Proposal(2) �ASTr!� Cost Proposal (I) �a9i!orniz Buifdir'�g{:ocie jCE3�') C.err�ent��oncr�ce R�st,.r�;nc:e L�rbce�a�a�y (CC��L) �Tt�e Crty��f L�:Angeles 't�rtirg Clry csf 5an Dif��<a � (7ivise>i�of d7e�Stac�ArcF�+teci (CJtA) f€��r ai Avia[ron Fldrni�aS[rat�c�r;(FF�Ay intr?I-rl�ti<>�'laf�iLii{t1!�?g COdC'(IK�') Srat�oF Cali(o��n�ra(Ca4rrxr�s Snec;f,cacion} T�itie 24 !)Sr'�rmy�:�"�r�s r,�f En�inr�ewrs �� N� I.Proposai W l`D i ri 0`01 r-1 ie-I O� �� r-I� 0! �' ei, Z \� . O ''� F- `� o' W �i M' W c�t �' J � 3 W � i � Z Ni � - �� f W ' N' \1 � � � r'1 1 V ao 0 0� � Nc� � �� V � aW �� u� 0 = � oi � Z y LLi cv� � uZ � MI MI 1 � ^ � 0' � � � � f ol W � Z M! J � M� a W �, � Z MI • � W N� � � \ W `� g �! `� o �°� H' 0 0� �, � ,� � �� ; ' � o i� � � � i_ � � � ��- � � � IO � � ,� ~ � o �� ~ � '�^ 3 u °ic � I r°, `o � � ,o m �a = �� .c ~ '° �. u � o ! cr °�' c. �' � � � �C V W m Q C� H J T � BU DG ET ESTI MATE PROJECT NC?. 5T2-OS PORTOLAAVENUEAND FRANK SINATRA DRIVE INTERSECTION IMPROYEMENTS Estimated Houn/Unit Rate/Unit Total Cost FIELD TECHNtCIAN -(onserra�o„&�a�� Maswrc Contem Testlnp by Nudear Gaige ASTM D6938�►O) SubgradelTrench Backfill 240 hours Q $79.00 /hour $18,960.00 Base Course 40 hours Q $T9.00 /hour $3,�60,pp Asphalt Concrese 80 hours Q ;79.00 /hour ;6,320.00 CtxbtSidewalk 20 hours Q #79.00 /hour s1,580.00 ;30, T0.00 PROFESSIONAL STAFF Project Management/Engineering-pre-conswcdon meeting,site visiu,reporc and test result review, client communication and supervision 20 hours Q �140.00 /hour t2•800•00 $2�8 0.00 REPORTS Final Verified Report I reporc @ ;I,250.00 /repon E1.250.00 $1,2 0.00 LABORATORY TESTING Asphalt Density(ASTM D 693� I test (a3 ;80.00 ltest $gp.pp Maximum Densiq ASTM Q I 557 5 tests Q s212.00 /test ��,060,pp �1,140.00 TC?TA 535,21O.OQ � Southern California Soil and Testing, Inc. � Confidential Schedule of Fees for Professional Servites (Prevailing Wage) Effective January i,2009 �_ _. _. _ � �_ __... ___ _._. PROFESSIONAL SERVICES � _ __ . _ __ � EngineeAGeo/oglst PrincipalEngineer/Geologist ...................................................................................................................................................................................................................$150 SeniorEngineer/Geologist ..........................................................................................................................................................................................................................I 30 StaffEngineer/Geologist ................................................................................................................................................................................................................................95 ConcreteMix Design Review....................................................................................................................................................................................................................I67 Deposition 3nd Tri81 Testimony(4-Hour Minimum,wich any time over�hours billed as 8 hours)................................................................................................. .350 Tachnician Soils/Materials/QA-QC Supervisor ......................................................................................................... .................................................................................................$90 Soils Technician................................................................................................................................................................................................................................................82 MaterialsTechnician(ACI) ...........................................................................................................................................................................................................................82 QA/QC Technician(T'hird Party).................................................................................................................... Floor Flatness(Dip Stick)Technician ............................................................................ ...........................................................................................82 Coring-Asphalt,Concrete.Masonry and Gunite........................................................................»..................................................................................................200 ...............................................................................175 Cenlfled Deputy Inspectlon CertifiedMaterials Special inspector.......................................................................................................................................................................................................$82 Cert�ed Building Inspector..................................................................................................... •..................................................�.................................................................95 NDT Technician(UT,MT,DT,V� ..........................................................................................................................................................................................................89 BauhPlant Inspector ................................................................................................................................................................................... ................82 .................................. OSPHD Inspettor A,B................................................................................................................................................................................................................................104 OSPHDInspector C.......................................................................................................................................................................................................................................94 AWS Certified Welding Inspector(Field Weiding.Shop Welding,High-5trength BokingJ ......................................................................................................89 Miscellaneous Overtimeand Saturday Rate............_...................................................................................._.............»........................................................I.5 x Regular Hourly Rate Sundar and Nationally Recognized Holiday Rate(including the day aher ThanksgivingJ............................................................. .......2 x Regular Hourly Rate MinimumProfessional Fee..............................................._.....................................................................».................................................................................$500/Projea MinimumField Services Fee...................................�..............................».................................................................................................. .....................;400/Projett .......... Rush Surcharge..............................................................................................................................................................................................................normal rate pius 50% � _ _ _ TRAVEL � Personnel.....................»..................... � ...................................................................................................................................................................•••........Regular Hourly Rate PerDiem(variable,depending on location)............ .......................................................................................................... Sample Pick Up(San Diego,Riverside and San Bernardino Counties).......................................................................................................................�580-I 60lday _ _ ...._ __ ..........................�6 3 _ _ � � EQUIPMENT AND MATERIALS NuclearGauge...................................................................................................................................................................................................lncluded in Technician Rate OuuideServices/EquipmendMaterials...................................................................................................................................................... ..Cost+20% ............................. Generator................................................�........................_...........................................»................................................._......... ..........$SO/day ..............................................». Pachometer...........................................................................................................................................................................................................................................$I O�our Concrete Vapor Emission Kits(ASTM F 1869).......................................................................................... ......................$35/kit ................................................................. WaterSpray Rack(ASTM E33 I Certified)..................................................................................................................................................................................$200/day Monarch625 Spray Noule.............................................................................................»..................................................................................................................�25/day ._ __ _ _ _ .._.. LABORATORY TESTS L . Soil And Aggregate I Maximum Density.4-inch mold(ASTM D 155�..............................$I 75 Plastici Index ASTM D4318 Maximum Densiq.6-inch mold(ASTM D 15i ...............................I 95 LY ( ).............................................................$100 �•• Hydrometer Malysis(ASTM D422)...........w.......................»...............106 Rock Correttion for Maximum Densities....».....................................25 Coilapse Patentia)(ASTM D5333)..........................................................106 __ _ _ _ _ _ . LABORATORY TESTS Soit ond Aggrc�ote(corK.) Asphah Concrete Resistance Value,R-Value(GI 301.ASTM D2844).........................$205 Marshall Density(ASTM D6926)per plug.........................................a128 California Bearing Ratio inciudes Max Densicy C(ASTM D1863)......594 Marshall Density,Stability and Fiow(ASTM D692�per plug........168 Sand Equivalenc(GI 217,ASTM D2419�.................................................75 Mosonry Corrosiv'tty(inc pH,resistivity,soluble chlorides and sultates)............I 80 Compressive Suength,Block 8"x 8"x I 6"(ASTM C 144)...............$50 Sieve Analysis,Coarse(ASTM C136)......................................................57 Com ressive Suen Prisms 8"x16 x8"or smaller 106 P gth, �� ................... Sieve Analysis.Fine(ASTM C 136)............................................................71 Compressive Strength,Prisms Larger than 8"x I 6"x6".................I 43 Specific Graviq,Coarse(ASTM C12�...................................................66 Compressive Suength,Grout 3"x3"x6"(ASTM C1019)...................I 9 SpeciBc Gravity,Fine(ASTM C 12�.........................................................66 Compressive Strength,Mortor 2"x4"(ASTM C780).........................I 9 Durabilitr Index(Cal 22�.................................................... .........215 Compressive Suength,Mortor 2••x2„ ASTM C109 ......._. ( )....................... I 9 Expansion Index(ASTM D4829).............................................................170 Linear Shrinkage,Block(ASTM G26)..................................................242 Sieve Analysis(ASTM W22)......................................................................80 Goncrete Direct Shear,Normal Speed(ASTM D3080).....................................200 Compressive Stren C lin M C39 ..... • gth� y ders(AST ).. ..........................$I 9 Direct Shear,Slow Speed(ASTM D3080)............................................319 Compressive Strength,Core(ASTM C42)............................................57 Asphok Concrete Compressive Svength,Shotcrete Panet,3 cores(ASTM C I 140)...279 Hveem—Mauimum Bulk Specific Graviry(Cal 308)per plug.....$I 28 Spl'itting Tensile Suength,6"xl 2"Cylinder(/�STM C496) ..............71 Hveem and Stabilometer(Cal 308/366}per plug...............................168 Flexural Strength,6"x6"�c24"Beam(ASTM C78)................................71 Rice—Maximum Theoretical Specific Gravity(ASTM D2041)......256 Length Change,Mortar or Concrete(ASTM C15n.........................357 Bulk Specific Gravity.Gores(AS7M D!IB8).........................................56 Metah Sieve Analysis Extracted qggregate(ASTM D5444)............................86 Tensile Strength,#3-#8 Reinforcing Steel(ASTM A615/A706)..$71 Percent Bitumen(ASTM D630n............................................................176 Tensile Strength,#9•#I I (ASTM 6B}...................................................87 Additional iaboratory testTn�prices mroilo6k upon requesL Bend Test,#3-#I I Reinforcing Steel(ASTM E8)..............................43 i _._ __. � TERMS AND CONDITIONS 1 AU field services wil!be charged from portal to portai with the following minimum charges: � A one-hour minimum charge will be applied to macerials sampling and sample pickups. • A two-hour show-up charge wili be applied to any service canceled afcer 4:00 PM the previous day. � A four-hour minimum tharge will be applied co a11 field services. • A six-hour charge wii!be applied to all fceld servfces requirirtg between four and six hours of work • M eight-hour charge will be applied to all field services requiring betNreen six and�ght hours of work. • Work in excess of eight hours up to twelve hours in a single day,vvill be charged in 30-minute incremencs at I S rimes the standard rete. • Work in excess of twdve hours in a day wil!be charged in one-hour incremenu at 2A times the snndard race. • The Direttor of Indusvial Relations(D!R)may dic[ate periodic increases w tbe prevaGing wage during the durati«�of this projea(convacc SCS&T will increase our hourly race on the effective dace decermined by the DIR,by a facwr of 1.8 times the hou�ly increase. Work perforn�ed by field or laboratory penonneJ anside of normal business hours{6:30 AM—5:00 PNn wiN be charged a premium on a case-by{ase basis. Reimbursabies:SCS&T reserves the righc to charge for services outside of the contraa in the form of reimbursables.These icems include,buc are not Ifmited to the folbwing consumablec:magneric parcicle powder,uluasonic copu►ent,con�ete cylinder cans.ea.The foNo�Mng are alw included:mfle�ge.travel tane,equipmenc renal,administrative ome utilized for photocopying,disuibution lists,express mailing,archive searches,etc. Subconuacced services rhat are induded on the Fee Schedule will be charged ac those races.Subconuacced services not included in our Fee Sd�edule will be charged at cost plus 20 percent Per Diem charges will be applied to projects outside a 50-mile radius of our office.Mileage will be charged at the r,tte of SO cenu per mile for disances over 5�miles from the locadon of dispaah. Invoices for all services completed or in progress wiq be submiaed bi-moitthly. These invoices are due in full upon presentation co the client Invoices outstanding over 30 days will be considered put due A finance chuge will be compuced ac the rate of 1.5 percent per month,which is an anmial race of 18 percertt,and charged on all past due accounts.If legal acrion is broughc ai ddinquenc accounu,the prevailing party shall be entided to recover iu reasonable actomey's fees and other cosu of collection. Our professional engineering,geology, and inspection servic� are performed in accordance with the current snndards of praccice in the industry. No other wamnq or represenation,express or implied,is made or insended. Should any services provided by SCSBcT for this projecc become subject co state or federal prevailing wdge requiremencs,SCS&T will be compensated fa�those services at iu prevailing wage rates,from the date these requirements become dfecrive through completion of the projecc 6280 Riverdale Sueet 83-740 Civus Avenue,Suite G San Diego, California 92120 � Indio,California 92201 619.280.4321,Toli Free 877.215.4321 T 760.775.5983,Toll Free 877.21S.4321 www.scstcom www.scstcom Celebrating 50 Yeors in Southern Cofifomio CONTRACT NO. C27950C AGREEMENT THIS AGREEMENT, made and entered into this 9t" day of December , 2010, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and SURVEYOR, 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 services as set forth in Exhibit "A" (CONSULTANT'S Proposal of Services) in connection with Survevinq Services of Portola Avenue and Frank Sinatra Drive Intersection Improvements. 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. (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 Page 1 of 8 CONTRACT NO. C27950C 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. The Registered Land Surveyor CONSULTANT hereby designated by the GONSULTANT as its representative for supervision of the work required by this Agreement is Christopher L. Alberts, P.L.S. No. 8508. (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 Page 2 of 8 CONTRACT NO. C27950C consultant, any fee, commission, percentage, brokerage fee, gifts, or any 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 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 Page 3 of 8 CONTRACT NO. C27950C shall require the party using them to indemnify and hold harmless CITY and 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 a�rmative 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. Page 4 of 8 CONTRACT NO. C27950C (14) The CITY agrees to pay the CONSULTANT for the work required by this Agreement on the following basis: CONSULTANT shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount of: 25 901.00 Twent - Five Thousand. Nine Hundred One Dollars: 00/100 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. (15) The CONSULTANT agrees to complete the work and submit the Final Design as displayed in Exhibit "A". (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: Page 5 of 8 CONTRACT NO. C27950C 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 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 arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the CONSULTANT, its agents or employees, while engaged in the performance of this Agreement. The CONSULTANT shall submit to CITY, prior to the issuance of the Notice to Proceed, certification of adequate coverage for "errors and omission" insurance in amounts Page 6 of 8 CONTRACT NO. C27950C approved by the City Attorney. Any such insurance shall not be canceled prior to written notice to and approvai 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: (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 CONSULTANT A Municipal Corporation Cindy Finerty, Mayor Authorized Signature Date: Date: ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO CONTENT: Mark Greenwood, P.E. David J. Erwin, City Attorney Director of Public Works Page 7 of 8 CONTRACT NO. C27950C EXHIBIT "A" Page 8 of 8 �� *� �� : , �,�� .�. � Scope of Work Scoae� This Scape of Work is based upon the information provided in the Request for Proposals and the requirements of the Professional Larxi Surveyors Act and is intended to prepare and file a Record of Sunrey, file Pre and Post Construction Comer Records and rehabilitate City Benchmark #102 as part of City Praject No. 572-08, being the Portola Avenue and Frank Sinatra Drive Intersection Improvements within the City of Palm Desert, CA TASK 1 Record Research RBF Consulting (RBF) shali research recorded Tract Maps, Parcel Maps, Records of Survey, County Comer Rec;ards and City Tie Sheets within the project area to compile a preliminary boundary map to be used for field reconnaissance. RBF shall also research prior completed projects in the area for iritemal field notes relevant to the project. TASK 2 Field Survey RBF shall perform a field survey to locate and measure all existing monumentation and their accessories, both horizontal arKl vertical in order ta preserve the locations of existing monuments and prepare the documents listed in the deliverables. Dual measurements of each monument will be obtained utilizng different satellite constellations to gain statistical strength within the neiworic. All existing monumentation shall be tied out to accessory tie points ta ensure that each monument has at least four ties priar to any demolition. RBF sha(t use a Trimble R8 GPS rover that will utilize the Callege of the Desert CORS Station (COTD) as a virlual base station for horizontal controls and implement fietd procedures to determine NAD83, CA Zone 6 coordinates{Epoch 2004.Q)to an accuracy of+/- 1 cm. RBF shall use a Leica DNA03 elsctronic digital level with a bar code staff for vertical controls and implement field procedur�es to determine NAVD88 elevations and maintain Second Order, Gass If accuracy in acc:ardance with the Standarcis and Spec�cations for Geodetic Control Networks of the Federal Geodetic Control Committee. NGVD29 values will also be established. � TASK 3 Pre-Construction Comer Records RBF shall prepare Pre-Construction Corner Records for the monuments that are to be disturbed as part of this project, The physical character of the found monument and its accessory ties will be shown. These Comer Records wi!! be submitted to the County of Riverside for filing and to the City for review. Proposal for Surveying Services � Page 1 vf 2 CONSULT NG ��.�'""'�`�► <�a�� ;�' � Scope of Work TASK 4 Data Analysis . All raw GPS vector data shall be downloaded daily to the neiwork server and a copy archived in preparation of possible electronic failures. Raw data will then be imported into Trimble Business Center and StarNet for preparation of a least squares adjustment. The basis of horizontal control shall be Califomia State Plane Zone 6 coordinates on the North American Horizontal Datum of 1983 (NAD83), constrained to the City of Palm Desert's Survey Control Neiwork, Epoch 2004.0. Raw data from the digital level runs shall also be downloaded daily and archived, then subsequently imported into the StarNet project for analysis. The basis of vertical control shall be the North American Vertical Datum of 1988(NAVD88), constrained to the City of Palm Desert's Survey Control Network, Epoch 2004.0. GPS Survey results shall be delivered in a report format detailing project constraints including CORS stations utilized, City Control Network Sbtions utilized, project E�ch, statistical deviatian including error ellipsoids and chi-square chedc, Grid to Ground Scale Factors, including map projection scale, slevation and combined factors, af all Survey Control Points. The final step af the data analysis will be preparation of a base map detailing all the abave collected information. TASK 5 Record of Survey Map After analysis of aIl substantiating information, RBF shall prepare a Record of Survey map based on the pro�sed centerline realignment of Portola Avenue in accordance with Section 8762 of the Professional Land Surveyors{PLS)Act. RBF shatl perfam a field sunr�y to set sufficient and durable monument� in the ground with identifying license number to mark the proposed centerline and the existing section line as shown on the Record of Survey Map per Section 8771 af the PLS Act to assure the perpetuatron or reestablishment of any line of the sunrey. TASK 6 Post-Construction Comer Reoords RBF shall prepare Post-Construction Comer Records for destrayed monuments reset and all new manuments set. The physical character of the set monument and its accessory ties will be shown. These Comer Records will be submitted to the County of Riverside and the City for review. TASK 7 Benchmark Data Sheet Upon the completion of all paving, RBF shall set the physical monument provided by the City for relocated City Benchmark #102 and observe the monument to establish the elevatian. To establish the elevation and data required for the benchmark data sheet, a level run to and from another City Benchmark shall be perFormed where foresights and back sights shall not exceed iwo hundred feet, as specified in the RFP. Elevations will also be established from the temporary accessory ties and import�l into the netwark adjustment for further analysis. Photographs of the new monument shall also be obtained and added to the data sheet. Proposal for Surveying Services � � ;* Page 2 of 2 CONSULT?NG r�" ;�� ,; �J .* .�'� Deliverables and Schedule Deliverables We acknowledge we have throroughly reviewed and understand the requirements of the RFP for Project No. 572-08 released by the City of Palm Desert. Deliverables wiA be submitted according to the"Guidelines for GIS Digital Submission"as found in the Riverside County Map Preparation Manual and additionally, aii data as specified in the RFP shall be submitted on digital versatile disks and an extemal USB Flash drive as listed below: Record research—pdf(portable document format)on disk and USB flash drive Field notes—pdf on disk and USB flash drive Pre-construction Comer Records—pdf on disk and USB flash drive Benchmark leveling notes—pdf on disk and USB flash drive Benchmark data sheet—pdf on disk and USB Flash drive StarNET least squares adjustment statistical report—pdf on disk and USB flash drive Post-Construction Comer Recard—pdf on disk and USB flash drive Record of Survey Map — pdf and CAD drawing and all associated backup files on disk and USB flash drive Recard of Survey Map—DXF file an disk and USB flash drive Record of Survey Map—hard copy on 26"x18"paper sheet size Quality Control within RBF happens via wreekty lunch meeting in which specific project ir�formation is analyzed and discussed among all of the team membe�s. It is at these meeting#hat projects are evaluated based on schedule,quality af infamabon and budget. Schedule RBF agrees that if selected, work will commence writhin 48 hours of receipt of Notice to Proceed, and initial field work will be compteted and pre-�nstruction data on field notes will be submitted to the City prior to the awarcied Contractor mobitizing on the site. Pre- Construction Comer Records shall also be submitfed to the Caunty prior to said mobilization. Within thirty calendar days of paving completion, RBF shall establish or re-establish all of the control monuments and submit the data to the City for review. The Record of Survey shall also be submitted to the City within thirty days of paving comptetion. RBF will c�ardinate the map check process until the Recard of Survey Map is offiaally filed with the County. The entire team listed in this proposal has the availability and capacity to give the City of Palm Desert the priarity of their attention and work efforts. 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