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HomeMy WebLinkAboutC27950 A D E and F - Portola Avenue and Frank Sinatra 572-08Contract Nos. C27950A, C27950D, C27950E, and C27950F CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACTS FOR THE PORTOLA AVENUE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS PROJECT, AND APPROVE A WATER LINE RELOCATION AGREEMENT WITH COACHELLA VALLEY WATER DISTRICT (PROJECT NO. 572-08) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: January 13, 2011 CONTENTS: Contract No. C27950A Contractors Proposal Contract No. C27950D Contract No. C27950E Contract No. C27950F 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. C27950A 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. C27950D for geotechnical services to Southern California Soil & Testing, Inc., in the amount of $35,210.00; 5. Award Contract No. C27950E for surveying services to RBF Consulting, in the amount of $25,901.00; 6. Approve a loan in the amount of $102,300 and an Agreement (C27950F) with Coachella Valley Water District (CVWD) for the relocation of water lines and installation of siphons; and 7. Authorize the Mayor to execute the subject agreements. Staff Report Award C27950A, C27950D, 27950E & C27950F — Portola Ave & Frank Sinatra Dr January 13, 2011 Page 2 of 5 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 $343,200.00 from Account No. 400-4548-433-4001, Capital Project Reserve. Executive Summary At a budget study session on February 21, 2008, City Council directed staff to begin the process to improve the intersection at Portola Avenue and Frank Sinatra Drive to its ultimate condition; which included expanding traffic lanes, the installation of traffic signals, and drainage improvements. On July 10, 2008, City Council awarded a contract to Kimley-Horn and Associates, Inc., (KHA) to design the improvements and prepare the plans, specifications, and environmental documentation for the project. During the planning and design process, the necessary right-of-way (ROW) was acquired, and staff worked with Southern California Edison on the relocation of transmission guy poles. It is also necessary that CVWD relocate water lines and install siphons. Staff was only recently informed by CVWD that the funds were not budgeted in its current fiscal year. Rather than delay implementation of the intersection improvements, staff met with CVWD, and an agreement has been prepared whereby the City will provide a loan to CVWD for the work. CVWD will repay the loan in full, without interest, during the first quarter of fiscal year 2011-2012. On October 28, 2010, the project was advertised for bid and bids were opened on November 30, 2010. The project requires geotechnical testing and inspections throughout construction, and surveying to re-establish monuments and benchmarks and set new monuments along the new centerline. Staff posted Requests for Proposals (RFP) from professional geotechnical and surveying firms and selected the most qualified firms. Award of contracts to the successful contractor and selected professional firms are now being requested. Background 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 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 Staff Report Award C27950A, C27950D, 27950E & C27950F — Portola Ave & Frank Sinatra Dr January 13, 2011 Page 3 of 5 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. Staff has been working with utility companies throughout the process. Southern California Edison needed to relocate transmission guy poles, and that work began in November 2010. In working to relocate water lines and install siphons, staff was recently informed by CVWD that funds to perform the work were not included in its fiscal year 2010-2011 budget. Rather than delay implementation of the project, the City Manager and staff met with CVWD's General Manager and staff on December 13, 2010, and negotiated an agreement whereby the City will provide a loan to CVWD up to the maximum estimated cost of $102,300. CVWD will repay the loan in full, without interest, during the first quarter of fiscal year 2011-2012, which begins July 2, 1011. On December 10, 2009, City Council authorized staff to advertise the project for bids, and 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 Location 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 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. Staff Report Award C27950A, C27950D, 27950E & C27950F — Portola Ave & Frank Sinatra Dr January 13, 2011 Page 4 of 5 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 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. Staff Report Award C27950A, C27950D, 27950E & C27950F — Portola Ave & Frank Sinatra Dr January 13, 2011 Page 5 of 5 Fiscal Analysis 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: Fund Previously Encumbered Construction Total UtilitY 1 Environmental Design Measure A $291,519 $412,200 $1,050,714 $1,754,433 Drainage Fees - $206,100 $3,094,005 $3,300,105 Traffic Signal Fees - $68,700 - $68,700 Capital Project Reserve - - $240,900 $240,900 Capital Project Reserve - - $102,300 $102,300 Total $291519.00 $687,000 $4,487,919 $5,466,438 Prepared By: e Bo Chen, P.E., City Engineer Departm nt ad7' Mark Greenwood, P.E. Director of Public Works CtTY APPROVED vv COUNCTLACtON DEW", Paul S. Gibson, Director of Finance RECEIVED OTHER Approval: n M. Wohlmuth, City Manager MFETING DATE L' I -- AYES: �/ ;(�1 7f' ) NOES: At ABSENT: i) kC ABSTAIN: 1 VERIFIED BY:_ Original on File with City Jerk's Office CONTRACT NO. C27950A AGREEMENT THIS AGREEMENT is made and entered into this 131-h day of January, 2011, 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; Q) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) 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 supplies 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 applicable 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. CONTRACTOR: BY: Signature to be notarized TITLE: CITY: BY: Signature to be notarized TITLE: Mayor of Palm DesertCA APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm DesertCA APPROVED AS TO FORM: DAVID J. ERWIN CITY ATTORNEY State of California ) County of ) On personally appeared before me, CONTRACT NO. C27950A 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 Thirty -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 officers 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 INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) County of ) Art personally appeared before me, PRINCIPAL , 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 Palm 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 Seventy -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: (Typed Name of CONTRACTOR) (Signature) (Typed Name and Title) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance 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) Acknowledgment State of California ) County of ) On personally appeared before me, CONTRACT NO. C27950A , 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" w� DATE: Mitidelso, Z-OI ZD BIDDER: H & H General Contractors, Ina "CONTRACTOR" r j The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, PORTOLA AVEUNE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS, PROJECT NO. 572-08, hereby proposes to construct he work in accordance with the Contract Documents, including Addenda r, No(s). V for the amount 1 stated in this Proposal. a 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 specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. r 2. The CITY has the right to reject any or all 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 all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 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 will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the check or bond is to be charged with the costs of the resultant 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 costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the Page C-1 i project, attorney expense, additional engineering and architectural expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. 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 i performed, subject to such adjustment and alterations as elsewhere provided herein. G . $ 2 26)c 40 $ Z Zrs 6,00 $.r,C,3,000 $�000 $ 361000 l $ 116 R0 1, $134000 $,6 $ 836 $ I fl, Fs6 $CR $sq $ 1301000 $ t 30, 000 , $ 6.%0 $'181300 $ $ y, Zc- $ 25Z, Gc�F j $ $ q. 3� $55, 10(, $ 4,`4 80 $,a,`4D $ (,6x0 $ 1i bb� $ (01 6 $ 1 i 2'32 $ a.�s' $ isv r ITEM NO. REM DESCRIPTION UNITS I QUANTITY UNIT COST TOTAL 1 Mobilization 2 Stage Construction and Traffic Control 3 BMP (Erosion Control) 4 Adjust Utility to Grade (Water Valve) 5 Adjust Utility to Grade (Manhole) 6 12" PVC Sewer Lateral 7 Clearing and Grubbing 8 Earthwork: Unclassified Excavation 9 Earthwork: Embankment 10 Earthwork: Retention Basin Excavation 11 Concrete Curb & Gutter 12 Concrete Median Curb 13 Asphalt Concrete Dike 14 Type ill Barricade 15 Truncated Domes 16 Concrete Sidewalk BASE BID LS LS LS EA EA LF LS CY CY CY LF LF LF EA EA SF Page C-2 1 1 1 6 13 60 1 13,500 2,700 60,000 6,750 5,900 200 1 2 27,000 gJjt r - 1 r ITEM NO. ITEM DESCRIPTION UNITS QUANTITY UNIT COST TOTAL 17 Concrete Pedestrian Curb Ramp (Access Ramp) EA 4 $ 0 7- $ /o/ t9k o 18 Class 2 Aggregate Base (10") Cy 7,175 $ o*3a $ 19. Asphalt Concrete (Surface Course) Ton 4,700 $7/.95- $338. /45' 20 Asphalt Concrete (A.C. Course) Ton 4,200 $ $,3,1-6 -57; 21 Cold Plane Asphalt Concrete Pavement SF 154,000 $ $ 22 Signing and striping LS 1 $ LowV00 $ ,29,000 23 Traffic Signal Installation LS 1 $ $ 24 Landscape and Irrigation LS I $Zlq6o- $zlqcr-)o- 25 6" PVC LF 1,375 $ $ V/ 930 26 24" PVC LF 3 $ $ 27 18" RCP LF 460 $ /:M 90 $ ;w 28 24" RCP LF 400 $ /?7. 60 $7 29 30" RCP LF 220 $170's,5- $ 371-:57-9/ 30 36" RCP LF 1,035 $ NO $1.20 ., 31 42" RCP LF 1,800 $ $ C,21AI -,710 0 32 60" RCP LF 11550 $ $.29,3 33 StormTech Infiltration Chamber EA 8 $ $ 34 Modified Curb Inlet EA 8 $ 3,00 $ 35 Curb Inlet L=7' EA 2 $ -,.ell 5-49 $ q1 36 Curb Inlet L=14' EA 3 $ 5, 93G 1$ / 7, 37 Curb Inlet L=21' EA 5 C304/ $ L�-/- 5;20 Page C-3 ITEM NO. ITEM DESCRIPTION UNITS QUANTITY UNIT COST TOTAL 38 Curb Inlet L=28' EA 7 $ 9 cj6 $ 39 Headwall EA 2 $ / 7 OO 0 $� 40 Sewer Manhole for Nuisance Flows EA 6 $ a,� jd $ 768 41 Manhole No. 1 EA 3 $ 4530 $ -7G P/ 42 Manhole No. 2 EA 9 $ 3, . -11 $ 3/, /s/ 43 Manhole No. 4 EA 4 $ Sgp00 $ 6 32 44 Special Junction Structure EA 1 $ /a, G3�G $ G S� 45 Dry Well EA 2 $ $ 46 Rock Slope Protection CY 54 $D7 47 3/4 inch Gravel Layer under Riprap CY 15 $�G 8S I 48 Abandon Existing Dry Well EA 1 $ 1G 80 i $ l" 6 s0 49 Concrete Encasement CY 1,925 $ 6�% $ 50 SCE Conduit System LS 1 $ �Q�0 ., $ 7g QDi% i 51 Utility Work LS 1 $ //p $ 4 TOTAL BASE BID PRICE $ 7 ITEM NO. ITEM DESCRIPTION UNITS I I QUANTITY I UNIT COST TOTAL T ALTERNATE #1 BID 19.a Replace Base Bid Item' 19 with Asphalt Rubber Not Mix ARHM Concrete Ton 4,8000 $ 97 $ , ? TOTAL ALTERNATE #1 BID PRICE $ 447, 3,-0' Page C-4 ITEM NO. ITEM DESCRIPTION UNITS I QUANTITY I UNIT COST TOTAL ALTERNATE #2 BID 19.b Replace Base Bid Item #19 with Warm Mix Asphalt Concrete Ton 4,700 -7�• �$' E 33, 145- TOTAL ALTERNATE #2 BID PRICE $ 334 /(o Sr- `' The costs of any work shown or required in the Plans and Specifications, but not 1 specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. `a k TOTAL BID AMOUNT IN FIGURES (BASE BID + ALL ALTERNATES) $ TOTAL BID AMOUNT IN WORDS (BASE BID + ALL ALTERNATES) M,/l/,_o. IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: By. AV /� e .-�- r SignAd6i / Title: CONTRACTOR State of California ) 3 ) County of } Cro Subscribed and sworn to (or affirmed) before me on this day of (year), by proved,to me on the basis of satisfactory evidence to be the person(s) 1 who appeared before e. r Signature of Notary (Seal of Notary) Page C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT XSee Attached Document (Notary to cross out lines 1-6 below) t See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) i signaure of Document signer No t State of California County of . -N I ;tSe ,,L,) i,'►moo KE�WA LEN tLa Com mm # 1895562 Notory PL41 k • 101111111001111111 son Bantu" County Cann. Ex itju�ln1�5 2014 Place Notary Seat Above Signature of Document signer No. 2 (it any) Subscribed and sworn to (or affirmed) before me on this'day of --, 20 ) by Data Month Year Name 0 signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and (2) Name of signer ' proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signatutre­>k' _ f( pia, "- �._- SV ui► of Nolary Putft OPTIONAL Though the information below is not required by law. it may prove valu- Top of thumb here Top of thumb here able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Document Date: 1 j;y�- _ Number of Pages: Signer(s) Other Than Named Above: 0 2009 National Notary Association • NalronalNotary org • t-800-US NOTARY (1-800-878-8827) Item 05910 t.� t; D — INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary._ (1) Address YUJ,1JA J W (2) Telephone No. (3) Type of Firm (Individual, Partnership or Corporation) (4) Corporation organized under the laws of the State of l[D(n i-c ,, (5) Contractor's License No. 559L Exp. Date Contractor hereby swears der natty of perjury that this information provided is true and correci ; 1 1 By: Title: Q (%t - ae CtI �t S ikWG re Contractor l (6) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Wo Vac i t Ule, J I t S� Number of years' experience as a Contractor in construction work List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telep,one No., of Owner 1. (�, p, CD, C5 I D`J� S�tlk1 Cali 2c{� � �1� � 101 Q (1(� 1Vi� 5k- tot Wfc.Le- �Vad ' � 4 `' EcP lqp 2. fo5)� I r;� i � ;. 'r,, ul7 yg 2 �-�as� st ��_3l�' R.c ��tverr►�c, CIS qas�,-� 3• S�'Y1C��,�t1 '11eo OCax,d Page D-1 L" V 1 LT- -1 'fv x `1UTU Y (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: License Number: Address: Telephone: 63,-Y, Work to be performed: Subcontractor's Nam License Number: 00y 71v-ro — v- IV G Telephone: `BSI/ ,100 —z910-d 7 Work to be performed: Subcontractor's Name: I Alf License Number: 1q0 Address: 3 %5—J� A a c"YYG ,1 Telephone: Work to be performed: (10) List the of the '�per�son who inspected the site of the proposed work for your firm c "a.r , AuaYi AA, tl i mgrz: (11) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial 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: License Number: —i23 7� Address: Telephone:_—__ O 3d_t___��Q�—_ Work to be performed:_ Subcontractor's Name: ' �� . w d7T5-�� , �" ^ aQ �' y r License Number: Address:?'''y���1� Telephone: Work to be performed: Subcontractor's Name: L)l o` f tetG c, )M bO 5 6' P -5 License Number: <A rk�6 7 l 5`? Address: n- boy 3(173 Telephone:_ Work to be performed: A" S 06-Pt n G (10) List the rlarrte of the�erson who inspected the site of the proposed work for your firm -iA!.r G' 7i b / l ��r"�i"2 r l i; r; A !, t',,I (1 1) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. Page D-2 E — NON -COLLUSION AFFIDAVIT To be Executed by Bidder and Submitted with Bid STATE OF CALIFORNIA ) COUNTY 0171 �� ) SS t ben first duly sworn deposes and says that hets4 is de of {�N GM1 QJ( WL , the party making the foregoing bid; that the bid is Inot made in the interest of, or on behalf of -i any undisclosed person, partnership, company, association, organization, or t corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, r� communication, or conference with anyone to fix the bid price of the bidder or any other 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 the 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, E company, association, organization, bid depository, or to any memb r or agent thereof to effectuate a collusive or sham bid. By: Sign Title: � l CONTRACTOR State of California County of Subscribed and sworn to.(or affirmed), before me this day of (month), 20 (year , by , proved to me on the basis of satisfactory evidence4o be the person who appeared before me. Signature of Notary: County and State Page E-1 Notary Public in and for said (seal of notary) CALIFORNIA JURAT WITH AFFIANT STATEMENT XSee Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of� .091511h.KEUEY WALLEN Commission fit 1895552 Notary PUMIC • cmiornia San Bartardioo County My Comm Jd 15.2014 Place Notary Seal Above N Signature of Document Signer No 2 (if any) Subscribed and sworn to (or affirmed) before me on this a,12Iday of (�,'6 . __ Lp, 20 ! , by Date Month Year (1) , Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) A�+ { (and Name of Wner proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Si star ��-Sqn 90�_ t .0 or Naa�Fllc OPTIONAL Though the information below is not required by law, it may prove valu- Top of thumb here Top of thumb here able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document Title or Type of Document: � _1 , 1 it 1 ` L Document Date:.. I. I,_- - Number of Pages: 4 b OSl-- Signers) Other Than Named Above: 0 2009 National Notary Association • NaoonalNotary org • 1-6W-US NOTARY (1-800-876-6827) Item 05910 I F — BIDDER'S BOND To Accompany Proposal KNOW ALL MEN BY THESE PRESENTS, That we, H & H General Contractors, Inc. as principal, and Safeco Insurance Company of America as surety, are held and firmly bound unto the City of Palm Desert In the sum of $ 10% (10% of bid) to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: This project will improve the intersection at the Portola Avenue and Frank Sinatra Drive intersection. This intersection is currently built as an all -way stop control intersection with two thru lanes and a left -turn lane in each direction. The proposed Improvements would install a traffic signal at the intersection and additional widening both north and south of the Intersection, to now become a six lane facility. Portola Avenue will be widened to the north approximately 1500 feet and to the south approximately 2300 feet. In addition, Improvements will be made to the exisfing drainage on Portola, Frank Sinatra, and Heatherwood (including a retention basin on the east side of Portols, south of the Intersection), and landscape for the entire project. and dated November 30, 2010 ' is accepted by the City of Palm Desert, and if the above bounden principal H & H General Contractors, Inc. shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise It shall be and remain in full force and effect. 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, shag be awarded to the prevailing party. Page F-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 23rd day Of November. 2010 Contractor's Name: Contractor's Signature:__ Title: _ ��`�d_ en - Address: 254 E. Drake, San Bemardino, CA 92408 Telephone: 909-4 94wy- Ct0q- ff ! - a 9' 7 Surety's Name: * Insurance Com Surety's Signature: O 1" 6 Title: Attomev-in-Fact Address: 1001 4th Ave Suite 1700 Seattle WA 98154 Telephone: 206-173-3563 Page F-2 CALIPORI!'SA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On November 23, 2010 before me, Cynthia J. Young, Notary Public Name and Tale of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Laurie B. Druck a CYNTNIA_ J. YOUNG COMM. # 1 806614 z f NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY My Conan. Expires July 15, 2012 Names) of Signers) 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 executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. Sign a of Notary P c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent 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) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Top of thumb here Signer is Representing: I I i1lS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4119890 Thfs Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent ' herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Companyj, a Washington stock insurance company, pursuer to and by authority of the 8y4aw and Authorization hereinafter set forth. does hereby name. constitute and appoint JAY P. FREEMAN, PAMELA MCCARTHY, CYNTHIA J. YOUNG, LAURIE B. DRUCK, ALL OF THE CITY OF SAN SERNARDINO, STATE OF CAUFORNIA .................................................................................................................................................................................................................... .................................................................................................................................................................................................................... , each Individually li there be more than one named, its true and lawful attomeyin•fact to make, execute, seat, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obliged" In the penal sum not exceeding FIFTY M1L QN AND Df�100""'►--' ►' •'•'►' DOLLARS ($ 50,000,000.00►►►►- ►►►►►N ►►►►►.) each, and the execution of such undertakings, bonds, recognizarnes and other surety obllgallor►s, In pursuance of few presents, shall be as binding upon the Company as if"had been duly signed by the president and attested by the secretary of the Company In their own proper persons. That this power Is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV • Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject to such limitations as the Chairman or time President may prescribe. shall appoint such ettomeys-in-fact. as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attomeys-in- . Y m fact, subject to the limitations set forth in their respective powers of attorney, shell have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as If signed by the president and attested by the secretary- C .tz C sBy the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact pl Pursuant to Article IV, Section 12 of the Bylaws, Gamet W Efiiott. Assistant Secretary of Safeco Insurance Company of America. is authorized to N v • appoint such atbmeys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and delver as surety aW ® E 0 a any and all undertakings, bonds, recognizances and other surety obligations c o_ W ma That the By-law and the Authorization set forth above are true copies thereof and are now In full force and effect. O M O IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of 17th September 0-0 CC Safeco Insurance Company of America has been affixed thereto In Plymouth Meeting. Pennsylvania this day of O — C 2010 SAFECO INSURANCE COMPANY OF AMERICA C E d o M 08 $► By Garnet W. Elliott, Assistant Secretary 0 '— COMMONWEALTH OF PENNSYLVANIA ss OF MONTGOMERY & y COUNTY �a m 'O On this 17th day of September 2010 before me. a Notary Public, personally came Garnet W. Elfott, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation, and that he Company America thereto with the authority and at the executed the above Power of Attorney and aiPoked the corporate seal of Safeco Insurance of N direction of said corporation. S 2 0IN TESTIMONY WHEREO tpvtr o subscribed my name and affixed my notarial seal at Plymouth Meeting. Pennsylvania, on the day and year 12 � d first above written. n IO By /JJ Tereia Pastefia. Notary Public CERTIFICATE 1, time undersigned, Assl f Safeco, Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and c is in fill force and effect on the date of this certificate; and I do kxther certify that the officer or official who executed the said power of attorney is an Assistant Secretary specaMy authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September 2009 VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company. wherever appearing upon a certified copy of any power of attorney Issued by the company In connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. I TESTIMPNY WHEREOF, I have hereunto subscribed my na tin t ti xed the corporate seal of the said company, this ri day of David M. Carey IAAstant Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Bernardino On ; . _1 �.�� . �,i before me, !�� t .:,.jc , -..1�+_- �' r,l ► <�- Name&4 Title of 0fricer personally appeared Alfred Troy Hodges who proved to me on the basis of satisfactory evidence to be th(pers6n(9) wholie name(g)is/lg subscribed to the within instrument and acknowledged to me that<he/§heAey executed the same in() isftr/dWir authorized capauity(lo), and that by(bas/h;r/t4eif,signatura(� on the instrument the person(§, or the entity upon behalf of which thgp rson(O 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. Signat _ f Notary Public KELLEY WM LIEN! Comm 1181M * 1895552 NO" Pubk • COomla San ftnN r ft County Ulf Comm. .k1115, 2014 Place of Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ) _�, , ,1; -" y `i),_,}_ _ � Document Date: l i :. A�1, Number of Pages:, Signer(s) Other Than Named Above: ---,.-__ _ Capacity(ies) Claimed by Signer Signer's Name:.,.? [ individual "E,?`Corporate Officer Title(s):' ��r <. ; A. _ ! - 4-111. t ❑Partner- 0 Limited U General O Attorney -in -Fact OTrustee OGuardian or Conservator 0 Other: Signer is Representing: W."TNaaWXj1Vt p or.:" T.p.f.b—b b— CONTRACT NO. C27950D AGREEMENT THIS AGREEMENT, made and entered into this 13th day of January , 2011, 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. C27950D 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. C27950D 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. C27950D 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 affirmative actions to insure equal employment opportunity and that employees are treated, during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation and selection for training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the CONSULTANT. Page 4 of 8 CONTRACT NO. C27950D (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 (Thirty -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. C27950D 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. C27950D approved by the City Attorney. Any such insurance shall not be canceled prior to written notice to and approval from the CITY. (21) The City shall not be responsible for payment for services by the Consultant that are directly related to addressing discrepancies, errors, omissions, ambiguities, etc. in the plans, specifications, and estimates prepared by the consultant. (22) In case of conflicts within the contract documents, the document precedence shall be as follows: (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 Jean M. Benson, Mayor Date: ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO CONTENT: Authorized Signature Date: Mark Greenwood, P.E. David J. Erwin, City Attorney Director of Public Works Page 7 of 8 CONTRACT NO. C27950D EXHIBIT "A" Page 8 of 8 I 1 City of Palm Springs s►• November 23, 2010 SCS&T No. 101SO48 Aaron Kulp, P.E. Associate Engineer City of Palm Desert, Public Works Department 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Re: Geotechnical Services - Project No. 572-08 Portola Avenue and Frank Sinatra Drive Intersection Improvements Dear Mr. Kulp: In response to the Request for Proposals (RFP) issued by the City, Southern California Soil &Testing, Inc. (SCS&T) has prepared the following proposal and qualifications package to provide materials testing required for soil, aggregate and asphalt concrete for the completion of construction for the intersection improvements at Portola Avenue and Frank Sinatra Drive. SCS&T will coordinate the material testing along with preparing testing reports accordingly. SCS&T is a consulting firm specializing in the fields of geotechnical engineering, special inspection and materials testing services. Over the past 50 years, the firm has worked on thousands of successfully completed projects in both the public and private sectors. Aside from our work with the City, SCS&T has provided similar services to other cities in the Coachella Valley, including the cities of Palm Springs, Coachella, Rancho Mirage and La Quinta. We are a Small Business Enterprise (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 engineers, engineering geologists, certified special inspectors, geotechnical and materials technicians and the appropriate support personnel. Our clients tend to see the same inspectors, technicians, and engineers throughout the life of a project, which helps to provide continuity, leading to a clearer understanding of the City's project goals. SCS&T meets the insurance requirements as stated in the proposal, and will maintain these requirements during the entire term of this agreement. Please see the enclosed sample insurance certificate. SCS&T Ca„ .-usroM6' ah aspc csa of P-Oft'ct Garrett Fountain, a Registered California Civil and Geotechnical Engineer, will r,,amagewcna to accomn-adatc ou, diemc'� serve as the SCS&T's Project Manager and contact person for the remainder badgering;md project ma ig¢.>mrent reeds of the selection process. He can be reached at:gfountain@scst.com (c) wit€Ie air her Ong Yo thr, Aanhrds of dckyerring 619.944.4012 (o) 760.775.5983 (f) 760.775.8362. CUS11r i ERVIC S PROJECT UNDERSTANDING In general, the intersection improvements at Portola Avenue and Frank Sinatra -,n Drive Avenue will include realignment of centerline, widening of the roadway, construction of a median island, utility construction and landscaping. The purpose of the geotechnical services and materials testing is to assist in PROJECT MANAGEMENT the control of the quality of the work and verify that the completed subgrade beneath the curb/sidewalk, backfill in trenches, pavement aggregate base and asphalt concrete meet project specifications. SCS&T has the experienced gat= r' personnel, field and laboratory equipment, and engineering expertise to complete the required testing services in a professional and timely manner. y f, rvun Whether a project requires research, analysis. investigation or recommendations, our staff has the experience necessary to provide reliable information. SCS&T can assist in various aspects of the project from site planning to thorough site grading and final development. SCS&T provides field observation and testing during earthwork to assist in the implementation of geotechnical recommendations and specifications are followed during construction. GEOTECHNI AI. OBSERVATION & TESTING SC_S&T provides freA obserwnion awj to-ting Ut zderground G'nili.ies Grading Base Macewiai Asph;,,lc Ca;ssuns _� d'+d;ii SCOPE OF SERVICES SCS&T will conduct the following tests for the project: Native Soil As Three random D 1557-09 Laboratory (Under Curb/ Required test throughout Compaction Sidewalk) the project area Characteristics of Soil Native Soil Any test One random D6938-10 In -Place Density (Under Curb/ location location for and Water Sidewalk) (random) every 1,500 Content of sq. ft. Soil by Nuclear Methods Backfill As Three random D 1557-09 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 1557-09 Laboratory Aggregate Required every 500 tons Compaction Base of material. Characteristics of Soil Pavement Any test One random D6938-10 In -Place Density Aggregate location location for and Water Base (random) every 2,500 Content of sq. ft. Soil by Nuclear Methods Asphalt One 30-lbs One sample for D6937-08 Determining Concrete per day of every five cores Density of production taken. Emulsified Asphalt Asphalt Any test One sample D2950-09 Density of Concrete location for every 1,000 Bituminous (random) tons of asphalt Concrete in concrete. Place by Nuclear Methods In the event that any test fails to meet the industry standard, additional tests will be required until the material meets or exceed industry standard. A summary of all tests will be provided to the City within 3 business days following each test. Additionally, at the completion of the project, a final report outlining all tests performed and results will be provided to the City. I . Proposal SCS&T is known as one of the most We anticipate that the work will consist of: comprehensive laboratory and testing facilities in Southern California. Project Engineer participation in a pre -construction meeting; If ,t can be built, we can test it. When other testing and inspection firms do not have the Periodically observing subgrade preparation and performing a test necessary equipment or expertise required tr, program to evaluate the degree of compaction achieved; process tests, they come to us. We have beer, referred to as "the lab's lab." Performing laboratory tests to evaluate the pertinent physical properties of the materials used in the earthwork; All laboratory testing and inspections are performed without compromise and are Periodically observing and testing backfill associated with utility -'t 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 concrete. DELIVERABLES Field reports will be prepared and delivered to the City's representative daily immediately following each site visit. Laboratory test results will be reported : as soon as the tests are completed. Specific report formats will be P� p developed in consultation with the City, and reporting procedures will be established to r -) transmit field and laboratory test reports, conclusions and recommendations in the most efficient manner. PROCEDURAL GUIDELINES CERTIFICATIONS Vk'- ;arf= cer?;kfiud by and adhere to the gufdr i mes of several regulatra�y r� �e:ies. irr'Iu.';ir�F� AMHT A, c r c sr ,,, c i ry fy;r T t' r :i tsrei l> fATM) �;i r } ri? Co (t =IB(s r?..) Th &yC:rl y'a>wK Iwgo >A 3 tfla,. it. ,,A CLOSURE 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 qualifications and look forward to the possibility working with the City of Palm Desert. Respectfully, Southern California Soil &Testing, Inc. --"Garrett Fountain, PE, GE Principal Geotechnical Engineer Enclosure: Work Proposal (2) Cost Proposal (1) C W O p W W cNC .J Z W W I a V coo y o U) ~ La~ Z W O Z i "+ Z(AW u Z O 0. W Ix _ O � � WCL G I- Q Z W (A Q W 15 O O CL -4 e-I Q \ 00 e--I 00 C � "0 � O pp i+ 41 m O H C G a . � C v- \ �le O 00 O L 41 d fC N Aa t N U I vVi O c t U W m a Q L V # i t BUDGET ESTIMATE PROJECT NO. 572-08 PORTOLA AVENUE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENTS FIELD TECHNICIAN - (observation & Density! MOimre Content Testing by Nudear Gauge ASTM D6938-10) Subgrade/Trench Backfill Base Course Asphalt Concrete Curb/Sidewalk Estimated Hours/Unit Rate/Unit 240 hours @ $79,00 /hour 40 hours @ $79.00 /hour 80 hours @ $79.00 /hour 20 hours @ $79.00 /hour PROFESSIONAL STAFF Project Management / Engineering - pre -construction meeting, site visits, report and test result review, client communication and supervision 20 hours @ $140.00 /hour REPORTS Final Verified Report I report @ $1,250.00 /report LABORATORY TESTING Asphalt Density (ASTM D 6937) 1 test @ $80.00 /test Maximum Density ASTM D 1557 5 tests @ $212.00 /test Total Cost $18,960.00 $3,160.00 $6,320.00 $1,580.00 $30,020.00 12 800 $2,800.00 S 1.250.00 $1,250.00 $80.00 $1,060.00 TOTAL $35,2I0.00 Southern California Soil and Testing, Inc. fr ry Confidential Schedule of Fees for Professional Services (Prevailing Wage) Effective January 1, 2009 PROFESSIONAL SERVICES ngineedGeologist PrincipalEngineer/Geologist................................................................................................................................................................................................................... $150 SeniorEngineer/Geologist..........................................................................................................................................................................................................................130 StaffEngineer/Geologist.................................................................................................................... ................................................95 ............................................................ Concrete Mix Design Review....................................................................................................................................................................................................................167 Deposition and Trial Testimony (4-Hour Minimum, with any time over 4 hours billed as 8 hours) ....................... ....................350 ....................................................... Technician Soils/Materials/QA-QC Supervisor...................................................................................................................................................................... ............_.$90 ..................... Soils Technician................................................................................................................................................................................................................................................82 MaterialsTechnician (ACI)...........................................................................................................................................................................................................................82 QA/QC Technician (Third Party)...............................................................................................................................................................................................................82 FloorFlatness (Dip Stick) Technician......................................................................................................................................................................................................200 Coring- Asphalt, Concrete. Masonry and Gunite...............................................................................................................................................................................175 Certified Deputy Inspection Certified Materials Special Inspector...........................................................................................................................$82 ............................................................................ Certified Building Inspector..........................................................................................................................................................................................................................95 NDTTechnician (UT, MT, DT, VT)............................................................................................................................89 .............................................................................. Batch Plant Inspector........................................................................................................................................................................... ...............82 ........................................... OSPHD Inspector A, B.............................................................................................................................................................104 ................................................................... OSPHDInspector C.......................................................................................................................................................................................................................................94 AWS Certified Welding Inspector (Field Welding, Shop Welding, High -Strength Bolting) ................................................. .....................................................89 Miscellaneous Overtimeand Saturday Rate............................................................................................................................................................................ 1.5 x Regular Hourly Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) .......................... .......2 x Regular Hourly Rate ................................... Minimum Professional Fee.........................................................................................................................................................................................................$500/Project MinimumField Services Fee.............................................................................................................................$400/Project ....................................................................... Rush Surcharge.............................................................................................................................................................................................................. normal rate plus 50% TRAVEL Personnel......................................................................................................................................... Regular Hourly 11 Rate ... ......... ......... Per Diem (variable, depending on location)..........................................................................................................................................................................$80-160/da Sample Pick Up (San Diego, Riverside and San Bernardino Counties) y ..................................................................................... $ 6 3 EQUIPMENT AND MATERIALS ._. _ Nuclear Gauge........... Included in Technician Rate ..... ......... ......... ........ Outside Services/Equipment/Materials.................. Cost + 20% ............................... Generator................................................................................................................................................................................................................................................. $50/day Pachometer........................................................................................................................................................................................................................................... $ I 0/hour Concrete Vapor Emission Kits (ASTM F1869)............................................................................................ .....$ 0/hout ............................................................................ Water Spray Rack (ASTM E331 Certified)........................................................................ $200/day ................................................. Monarch625 Spray Nozzle..... ........... ...................... ......................................................... $25/day LABORATORY TESTS Soil And Aggregate Maximum Density, 4-inch mold (ASTM D1557)..............................$175 Plasticity Index (ASTM D4318)............................................................. $100 Maximum Density, 6-inch mold (ASTM D1557)................................. I 95 Hydrometer Analysis (ASTM D422)......................................................106 Rock Correction for Maximum Densities...........................................25 Collapse Potential (ASTM D5333)..........................................................106 LABORATORY TESTS Soil and Aggregate (coot.) Resistance Value, R-Value (Cal 301, ASTM D2844).........................$205 California Bearing Ratio includes Max Density C (ASTM D1883)......594 Sand Equivalent (Cal 217, ASTM D2419).................................................75 Corrosivity (Inc. pH, resistivity, soluble chlorides and sulfates) ............ 180 Sieve Analysis, Coarse (ASTM C136)......................................................57 Sieve Analysis, Fine (ASTM C136)....................................... .................71 Specific Gravity, Coarse (ASTM C127)...................................................66 Specific Gravity, Fine (ASTM C127).........................................................66 Durability Index (Cal 227).......................................................................215 Expansion Index (ASTM D4829)........................................... ..............170 Sieve Analysis (ASTM D422)_....................................................................80 Direct Shear, Normal Speed (ASTM D3080)......................................200 Direct Shear, Slow Speed (ASTM D3080)............................................319 Asphalt Concrete Hveem — Maximum Bulk Specific Gravity (Cal 308) per plug ..... $128 Hveem and Stabilometer (Cal 308/366) per plug...............................168 Rice — Maximum Theoretical Specific Gravity (ASTM D2041) ......256 Bulk Speck Gravity, Cores (ASTM DI188).........................................56 Sieve Analysis Extracted Aggregate (ASTM D5444)............................86 Percent Bitumen (ASTM D6307).._............................................ ........176 Additional laboratory testing prices available upon request. Asphalt Concrete Marshall Density (ASTM D6926) per plug ............................... ..$128 Marshall Density, Stability and Flow (ASTM D6927) per plug ........ 168 Masonry Compressive Strength, Block 8"x 8"x 16" (ASTM C 140) ............... $50 Compressive Strength, Prisms 8"x 16"x8" or smaller ...................106 Compressive Strength, Prisms Larger than 8"x 16"x8" .................143 Compressive Strength, Grout 3"0"W' (ASTM C1019)...................19 Compressive Strength, Mortar 2"x4" (ASTM C780).........................19 Compressive Strength, Mortor 2"x2" (ASTM CI09).........................19 Linear Shrinkage, Block (ASTM C426).............................. ............242 Concrete Compressive Strength, Cylinders (ASTM C39)................................. $19 Compressive Strength, Core (ASTM C42)................... ..................57 Compressive Strength, Shotcrete Panel, 3 cores (ASTM C 1140)...279 Splitting Tensile Strength, 6"x 12" Cylinder (ASTM C496) ..............71 Flexural Strength, 6"x6"x24" Beam (ASTM C78)................................71 Length Change, Mortar or Concrete (ASTM C157)..................... 357 Metals Tensile Strength, #3 - #8 Reinforcing Steel (ASTM A6ISIA706).. $71 Tensile Strength, #9 - # I I (ASTM E8)...................................................87 Bend Test, #3 - # I I Reinforcing Steel (ASTM EB)..............................43 TERMS AND CONDITIONS All field services will be charged from portal to portal with the following minimum charges: • A one -hour minimum charge will be applied to materials sampling and sample pickups. • A two-hour show -up charge will be applied to any service canceled after 4:00 PM the previous day. • A four-hour minimum charge will be applied to all field services. • A six -hour charge will be applied to all field services requiring between four and six hours of work • An eight -hour charge will be applied to all field services requiring between six and eight hours of work • Work in excess of eight hours up to twelve hours in a single day, will be charged in 30-minute increments at I.S times the standard rate. • Work in excess of twelve hours in a day will be charged in one -hour increments at 2.0 times the standard rate. • The Director of Industrial Relations (DIR) may dictate periodic increases to the prevailing wage during the duration of this projecticontract. SCS&T will increase our hourly rate on the effective date determined by the DIR, by a factor of 1.8 times the hourly increase. Work performed by field or laboratory personnel outside of normal business hours (6:30 AM — 5:00 PM) will be charged a premium on a case -by -cue basis. Remmbursables: SCS&T reserves the right to charge for services outside of the contract in the form of reimbursables. These items include, but are not limited to the following consumables: magnetic particle powder, ultrasonic copulent, concrete cylinder cans, etc. The following are also included: mileage, travel time, equipment rental, administrative time utilized for photocopying, distribution lists, express mailing, archive searches, etc Subcontracted services that are included on the Fee Schedule will be charged at those rates. Subcontracted services not included in our Fee Schedule 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 rate of 50 cents per mile for distances over 50 miles from the location of dispatch. Invoices for all services completed or in progress will be submitted bi-monthly. These invoices are due in full upon presentation to the client Invoices outstanding over 30 days will be considered past due. A finance charge will be computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, and charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable attorneys fees and other costs of collection. Our professional engineering, geology, and inspection services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended. Should any services provided by SCS&T for this project become subject to state or federal prevailing wage requirements, SCS&T will be compensated for those services at its prevailing wage rates, from the date these requirements become effective through completion of the project. 6280 Riverdale Street San Diego, California 92120 619.280.4321, Toll Free 877.215,4321 www.scst.com Celebrating 50 Years in Southern California 83-740 Citrus Avenue, Suite G Indio, California 92201 760.775.5983, Toll Free 877.215,4321 www.scst.com CONTRACT NO. C27950E AGREEMENT THIS AGREEMENT, made and entered into this 131" day of January , 2011, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and RBF Consulting, 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 Surveying 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. C27950E 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 CONSULTANT as its representative for supervision of the work required by this Agreement is Christopher L. Alberts, P.L.S. No. M (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. C27950E 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. C27950E 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 affirmative actions to insure equal employment opportunity and that employees are treated, during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation and selection for training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the CONSULTANT. Page 4 of 8 CONTRACT NO. C27950E (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. C27950E No officer, member or employee of the CITY during his tenure or one year thereafter shall have any interest, director 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. C27950E approved by the City Attorney. Any such insurance shall not be canceled prior to written notice to and approval from the CITY. (21) The City shall not be responsible for payment for services by the Consultant that are directly related to addressing discrepancies, errors, omissions, ambiguities, etc. in the plans, specifications, and estimates prepared by the consultant. (22) In case of conflicts within the contract documents, the document precedence shall be as follows: (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 A Municipal Corporation Jean M. Benson, Mayor Date: ATTEST: Rachelle Klassen, City Clerk APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director of Public Works CONSULTANT Authorized Signature Date: David J. Erwin, City Attorney Page 7 of 8 CONTRACT NO. C27950E EXHIBIT "A" _'�— _ Scope of Work Scope of Work " This Scope of Work is based upon the information provided in the Request for Proposals and the requirements of the Professional Land Surveyors Act and is intended to prepare and file a Record of Survey, file Pre and Post Construction Comer Records and rehabilitate City Benchmark #102 as part of City Project 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) shall research recorded Tract Maps, Parcel Maps, Records of Survey, County Comer Records 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 internal 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 and vertical in order to preserve the locations of existing monuments and prepare the documents listed in the deliverables. Dual measurements of each monument will be obtained utilizing different satellite constellations to gain statistical strength within the network. All existing monumentation shall be tied out to accessory tie points to ensure that each monument has at least four ties prior to any demolition. RBF shall use a Trimble R8 GPS rover that will utilize the College of the Desert CORS Station (COTD) as a virtual base station for horizontal controls and implement field procedures to determine NAD83, CA Zone 6 coordinates (Epoch 2004.0) to an accuracy of +/-1 cm. RBF shall use a Leica DNA03 electronic digital level with a bar code staff for vertical controls and implement field procedures to determine NAVD88 elevations and maintain Second Order, Class II accuracy in accordance with the Standards and Specifications 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 will be submitted to the County of Riverside for filing and to the City for review. Proposal for Surveying Services PF t Page f CON5ULT`NG 1 Scope of Work TASK 4 Data Analysis All raw GPS vector data shall be downloaded daily to the network 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 California State Plane Zone 6 coordinates on the North American Horizontal Datum of 1983 (NAD83), constrained to the City of Palm Desert's Survey Control Network, 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 Stations utilized, project Epoch, statistical deviation including error ellipsoids and chi-square check, Grid to Ground Scale Factors, including map projection scale, elevation and combined factors, of all Survey Control Points. The final step of the data analysis will be preparation of a base map detailing all the above collected information. TASK 5 Record of Survey Map After analysis of all substantiating information, RBF shall prepare a Record of Survey map based on the proposed centerline realignment of Portola Avenue in accordance with 1111,11,11 Section 8762 of the Professional Land Surveyors (PLS) Act. RBF shall perform a field survey to set sufficient and durable monuments 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 of the PLS Act to assure Fillthe perpetuation or reestablishment of any line of the survey. W TASK 6 Post -Construction Comer Records RBF shall prepare Post -Construction Comer Records for destroyed monuments reset and all new monuments 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 elevation. 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 two hundred feet, as specified in the RFP. Elevations will also be established from the temporary accessory ties and imported into the network 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 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 will be submitted according to the "Guidelines for GIS Digital Submission" as found in the Riverside County Map Preparation Manual and additionally, all data as specked in the RFP shall be submitted on digital versatile disks and an external 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 Record — 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 Record of Survey Map — DXF file on disk and USB flash drive Record of Survey Map — hard copy on 26"x18" paper sheet size Quality Control within RBF happens via weekly lunch meeting in which specific project information is analyzed and discussed among all of the team members. It is at these meeting that projects are evaluated based on schedule, quality of information and budget. Schedule RBF agrees that if selected, work will commence within 48 hours of receipt of Notice to Proceed, and initial field work will be completed and pre -construction data on field notes will be submitted to the City prior to the awarded Contractor mobilizing on the site. Pre - Construction Comer Records shall also be submitted to the County prior to said mobilization. f 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 completion. RBF will coordinate the map check process until the Record of Survey Map is officially filed with the County. The entire team listed in this proposal has the availability and capacity to give the City of Palm Desert the priority of their attention and work efforts. Proposal for Surveying Services Page 1 of 1 • CONSULTING �w a 02 re J oa u. °- N LL w0 U � � U W Z W m LL o CO � Hh9 u0ii EM9 (0o bMA O bO4 t0to bq ro V b9 o to N L^ 7 O hV O N a N 0 S N O N m W LL m o (0 toe pp M bO9 N 92 M LL N m O O 0 2 bO9 Q O m m Ulf LL LL fh b9 69 b9 p LA Q7 S N O N M to MO ONi pp Vi tN0 pp b9 to 0U. r M 1A bq N N r 7 O 2 mC4 LL O M � O NM t(0 rH9 O 60 N w of h M w 0 N CO N t0 N t0 40 M i m IL co 64 in � 64 /A o cm N 0 N12 O S cM fA tt0 N (M H 6Oi t0 rM 001 H j C4 co N 7 N VI N 10 f0 (p N O s b9 n n � n ti y 699 in i» en b9 W LL La in O 2 A O H N a o o � m a m a `m m m a C u z 7 y a m pq v N C O U a '" c Q o O 'y 0 a O c c " w O U w a° m t vi D x N L C m r N M Q H - h C27950F AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE COACHELLA VALLEY WATER DISTRICT FOR INSTALLATION OF WATER LINE SIPHONS IN CONJUNCTION WITH THE PORTOLA AVENUE AND FRANK SINATRA DRIVE INTERSECTION IMPROVEMENT PROJECT THIS AGREEMENT ("Agreement") is entered into as of this day of 2011, by and between the City of Palm Desert, a municipal corporation ("the City"), and the Coachella Valley Water District, a public agency of the State of California ("CVWD"). The City and CVWD are sometimes hereinafter individually referred to as a "Party" and/or collectively referred to as the "Parties." RECITALS WHEREAS, CVWD has water services in Portola Avenue, Frank Sinatra Drive and Shepherd Lane ("Project Location") that supply domestic water to the residents of the City; and WHEREAS, the City is installing a storm drainage system in the Project Location to drain surface flows from storms and nuisance water; and WHEREAS, the existing alignment of the water service is in conflict with the proposed storm drainage system requiring siphons to be designed; and WHEREAS, the siphons are required prior to the construction of the storm drainage system; and WHEREAS, the City intends to begin the construction of the drainage system within fiscal year 2010-2011; and WHEREAS, CVWD does not have the necessary funds budgeted in their current 2010-2011 fiscal year budget to have the siphons constructed. NOW, THEREFORE, the Parties mutually agree as follows: 1. General a. The foregoing Recitals are true and correct. b. All exhibits referred to hereinafter are hereby incorporated into and made a part of this Agreement. 2. Location The siphons are located as shown on attached Exhibit "A" ("Intersection") 3. Installation & Loan Amount a. Prior to the construction of the siphons, CVWD or CVWD's contractor shall apply for an encroachment permit and submit a traffic control plan to the City for approval. b. The City shall provide an interest -free loan in the amount of $102,300 to CVWD for the installation of the siphons based on the estimated value of the construction as shown on attached Exhibit "B". c. CVWD shall reimburse the City for the total loan amount within the first quarter of the 2011-2012 fiscal year, which begins on July 1, 2011. 4. Operation and Maintenance a. Term of Maintenance Upon approval of the siphons by the City, CWVD shall assume, in perpetuity, all rights, obligations, and liabilities of ownership of the siphons, including but not limited to, the repair, operation, maintenance, and replacement thereof, at no cost to the City. For purposes of this Agreement, the term "maintenance" shall be in accordance with CVWD's standard operating procedure for the maintenance of siphons. b. Additional Insured If CVWD causes the construction of the siphons to be completed by a third party ("Contractor"), CVWD will arrange with the Contractor to include the City as an additional insured for any commercial general liability insurance required of such Contractor. 5. Notices Any and all notice to be sent to the Parties to this Agreement will be mailed by United States Postal Service Certified Mail to the following addresses: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Mark Greenwood, P.E. Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236-1058 Attn: Mark Johnson, P.E. 6. Legal Relations and Responsibilities a. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties to this Agreement. b. Each Party hereto shall indemnify, defend and hold the other Party and its council members, directors, officers, agents, representatives, servants and employees and their respective successors and assigns (collectively, "Representatives") harmless from any and all liabilities, claims, demands, debts, suits, actions and causes of actions, including but not limited to, property damage, personal injury or wrongful death, arising out of or in any manner connected with (i) any act or omission of such indemnifying Party 2 hereunder, or its Representatives, done or performed pursuant to the terms and provisions of this Agreement; and (ii) any breach by a Party of its obligations under this Agreement. 7. Termination This Agreement may be terminated by both Parties' written consent, effective thirty (30) days following execution of written notification of termination. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first written above. CITY OF PALM DESERT in JEAN M. BENSON, Mayor APPROVED AS TO CONTENT: 0 JOHN M. WOHLMUTH, City Manager COACHELLA VALLEY WATER DISTRICT AIA STEVE ROBBINS General Manager -Chief Engineer ATTEST: 0 RACHELLE D KLASSEN, City Clerk APPROVED AS TO FORM: 0 DAVID J. ERWIN, City Attorney ATTEST: 0 JULIA FERNANDEZ, Board Secretary 3 DATE: 12/20/2010 PORTOLA AVE. AND FRANK SINATRA DR. EXHIBIT A SCALE: NTS AK/MSD DRAWING NO. A DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT BY EXHIBIT B COACHELLA VALLEY WATER DISTRICT OPERATIONS DEPARTMENT WORK ESTIMATE DATE: December 8, 2010 JOB LOCATION: PORTOLA SIPHONS DESCRIPTION OF WORK: 4-SIPHONS ON PORTOLA ADDITIONAL NEEDED: DRAFTING: Y ENCROACHMENT PERMIT: Y SURVEY: Y RIGHT OF WAY Y LABOR (+45%) EQUIPMENT WORK TO BE PERFORMED COMMENTS IN-HOUSE SERVICES $ 30,000.00 ESTIMATE IS BASED ON PREMIUM WORKING CONDITIONS. $ 25,000.00 �/ BASED ON NO UTILITY CONFLICTS & COMPLETE ROAD CLOSURES GRANTED FROM THE CITY. MATERIALS (+10 / 20%) $ 30,000.00 POTHOLE $ - SERVICE INSTALLATION $ - OPERATIONS SERVICE TIE IN $ - ABANDONMENT'S $ - SURVEY $ _ SPOIL DISPOSAL $ 2,000,00 MISC. SERVICES $ - CONCRETE WORK $ 11000.00 ASPHALT $ -_ COMPACTION $ - RENTAL EQUIPMENT $ 5,000.00 EXCAVATOR, WATER TRUCK, SHORING BOX PULVERIZING $ - TRAFFIC CONTROL $ —4 Q0e(} SUB TOTAL 404,00 TO: MIKE HERRERA ADMINISTRATIVE (15%) $ . Q FROM: RON ALEXANDER $9-#'9;699$8- $93,000 "4 + 9,300 contingency $102,300 TOTAL a v z. F.. fl�]OG34CzJ 1" = 250' I',=,j Kimley-Hon PORTOLA AVE. AND FRANK SINATRA DR. and Associates, Inc. PROPOSED IMPROVEMENTS VICINITY MAP DECEMBER 1.2009