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HomeMy WebLinkAboutC31820B- Magnesia Falls Site Wall and Gate - Special Inspection ServicesContract No. C31820B CITY OF PALM DESERT �t STAFF REPORT REQUEST: RATIFICATION OF AGREEMENT WITH SLADDEN ENGINEERING IN THE AMOUNT NOT TO EXCEED $1,900 FOR SPECIAL INSPECTION SERVICES FOR THE MAGNESIA FALLS SITE WALL AND GATE (PROJECT NO. 648-13) SUBMITTED BY: Heather Buck, Project Coordinator CONSULTANT: Sladden Engineering 45090 Golf Center Parkway, Suite F Indio, California 92201 DATE: November 15, 2012 CONTENTS: Sladden Engineering Agreement Construction Progress Photo Recommendation By Minute Motion: Ratify the Agreement with Sladden Engineering in the amount of $1,900 for Special Inspection services for the Magnesia Falls Site Wall and Gate; and 2. Appropriate $1,900 from Account No. 400-4626-433-4001. Background On June 28, 2012, the City Council authorized award of a contract to John Barajas Masonry Construction (Contract No. C31820) for the construction of the project. It was unknown at the time of award of the construction project what special inspections would be required as the engineering was the responsibility of the contractor. Based on the permit documents submitted, the following special inspections are required: Compaction testing for wall footing Concrete inspection and testing for wall footing Masonry sampling and testing during grouting Contract No. C31820B Staff Report Ratify Agreement with Sladden — Magnesia Falls Site Wall (Project No Page 2 of 2 November 15, 2012 648-13) Staff obtained proposals from three geotechnical firms on the 2012 Consultants List. A summary of the proposals is listed in the table below: Firm Cost Hourly Rate Field Notes (Special Inspection) Hours LandMark $1,600 $88.00 11 High hourly rates and fewest field hours Sladden $1,900 $75.00 16 Reasonable hourly rates Leighton $6,041 $90.00 38 High hourly rates and excessive hours Sladden Engineering, Indio, submitted the proposal with the best value. Sladden's hourly rates were reasonable and Sladden allotted an appropriate amount of hours to the project. On October 18, 2012, the City Manager authorized staff to contract with Sladden Engineering to perform special inspection services for the Magnesia Falls Site Wall and Gate project. The Contractor (John Barajas Masonry Construction) commenced construction on October 22, 2012. The project is now approximately 50 percent complete (see attached photo). Staff recommends ratification of the agreement with Sladden Engineering in the amount not to exceed $1,900 for special inspection services for the new site wall and gate along Magnesia Falls which will shield the vacant lot from view and beautify the surrounding area. Completion of the project is expected by the end of November. Fiscal Analysis A $1,900 appropriation is required. Submitted By: Heather Buck, Project Coordinator 041A� I S. Gibson, Director of Finance City Manager Department Head: artin Alvarez Director of Economic Development CITY COUNCIL, ACTION APPROVED ✓— DENIED RECEIVED ---------OTHER MEETING DATE - - C AYES: r nit( (t�nea NOES: 1y'411 , ABSENT: n t)e —"--- ABSTAIN: VERIFIED BV: Origimil on File with Citi C:1rrdC's o1f;cc CADocuments and Settings\rmccormick\Local Settings\Temporary Internet Files\Content.Outlook\D8282BP5\648-13 SR Mag Falls Ratify Sladden.doc Sladden Engineering 45M Golf Center Parkway, Suite F, Indio, CA 92201(760) 863-0713 Fox (760) KO-W47 6782 Stanton Avenue, Suite A. Buena Park. CA 90621 (714) 523.0952 Fax (714) 523-1369 450 Ksan Avenue, BaAumon6 CA 92223 (951) 845-7743 Fax (951) 845.8863 800 E. Florida Avcnuc� Hcmet, CA 92543 (931) 766.8777 Fax (951) 766-8778 October 15, 2012 City of palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attn: Ms. Heather Buck Project: Magnesia Falls Sound Wall Extension NWC Magnesia Falls Drive and Portola Avenue Palm Desert, California City Project if C31820 Subject: Proposal for Compaction Testing and Special Inspection Services SPD 12-10.249 We are pleased to submit the following proposal to provide the compaction testing and special inspection services as outlined herein during, the construction of the proposed extension of the existing sound wall located on the north side of Magnesia Fails Drive west of Portola Avenue In the City of Palm Desert, California. The project will include soil compaction testing within the footing excavations, concrete sampling and inspection of the concrete footings and special inspection services during sound wall construction and grout placement. The scope of services described in this proposal is based upon the construction schedule provided by John Barajas Masonry Contractor. SCOPE OF SERVICES. Services would include soil compaction testing within the footing excavations, concrete sampling and special Inspection services for the concrete sound wall foundations and special Inspection services during sound wall construction and *routing. Observations and testing would be performed on an intermittent basis. Testing services will also include compaction testing, concrete and grout sampling along with the associated laboratory testing necessary to evaluate (and document) compliance with the project specifications. Testing will be performed in accordance with appropriate ASTM standards. The scope of services proposed is intended to provide the testing and lnspeclJon services requested by the City of Palm Desert within the email received on October 11, 2012 as well as the project scheduling information provided, Uctober 15, 2012 Sl'D 12-10-249 FEES: The fees for testing services will be dependent on contractor scheduling and project sequencing. Fees will be invoiced at the following hourly rates. Field techrdcian's time will be Invoiced in four hour increments. Field Technician..................................................$75.00/hour Deputy Inspector.....................................$75.00/hour principal Engineer............................................$150.00/hour Compaction testing within footing excavations, concrete and grout sampling and special inspection services as previously described. Compaction testing within footing excavations 4 hours at $75.00/hr..............................................................$300.00 Footing inspection and concrete sampling 4 hours @ $75.00/hr................ —two ..... 0....... I ............. $300.00 .Reinforced masonry inspection and grout sampling 3 hours 0 $75.00/hr..................................................$G00.M Based upon the assumed construction scheduling, the total fees for field testing and inspection services areestimated to be approximately................................................................................ $1,200.00 These estimated fees for field testing and inspection services are based upon the scope of services requested as well as the project schedule provided. Billing will be based upon the actual time required to provide adequate testing and inspection services. Laboratory testing will be performed as dictated by soil conditions and jurisdictional requirements and will be invoiced on a per test basis. The total fees for laboratory testing are estimated to be approximately $400.00. The costs for Individual tests are indicated below. Maximum density/Optimum moisture (Method A-V)..................... $140.00/each Concrete and Grout Compression Testing ........................................$ 30.00/each Report preparation and engineering review will be dependent upon the City of Palm Desert requirements (if a formal report is required) will be invoiced based upon fee schedule rates. The fees for engineering review and report preparation are anticipated to be less than Mum Totalestimated fees....................................................................................._ $1,900.00 Madden EngLuering October 15, 2012 SPD 12-10-249 If there are any questions regarding this proposal or additional information becomes available that may assist in refining the cost estimate provided, please contact the undersigned. Please review and initial the attached Perms and Conditions rev 3.0 dated 2/09 as they form part of this agreement. Additional work required to respond to governmental agency comments will be billed at fee schedule rates in effect at time of work. Reimbursable expenses Incurred will be billed at cost plus Wo. Upon acceptance of this proposal, please sign one copy and return it to our office as authorization to proceed, Respectively submitted, SLADDEN ENGINEERING Attachments: Terms and Conditions rev 3.0 2/09 Schedule of Fees 2012 IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions stated above and in the attached Terms and Conditions rev 3.0 dated 2109. Of Signature �� Print Title 11 ' W,, ,� . ...� Date k1l Z' 7- 111T Title _ President Date /0 /I - / 12, Sladden Enkeerlag WSladden Engineering TERMS AND CONDITIONS Client and Inland VaNsy Sladden, inc, hence mftned to as gladden Engineering agree that the following provisions $hall be part of this agreement. 1. Client and Sladden Engineering Bores to cooperate with each other In order to fulfill their responsibilities and obligations under this agreement. Boat Client and gladden Engineering shah endeavor to maintain good working relationships among members of the project team. 2. This agreement shall be binding upon the helm, executors, administrators, successors and assigns of Client and gladden Engineering. 3. This agreement shall not be assigned by either Client or gladden Engineering without the prior written consent of the other. 4. This agreement contains the entire agreement between Client and gladden Engineering relAting to ft project and the provision of services for the project Any prior agreements, Promises, negotiations or representations not expressy set forth in this agreement are of no force Or effect. Subsequent modificallons t0 this agreement shall he In writing and signed by both Client and Sudden Engineering. 5, Sladden Englneoring'e or CltWS waiver of any term, Condition or covenant shall not constitute the wavier of any other term condition or covenant. Sladden Englsleerltlg's of Cllenfs waiver of any breach of this Agreement shall not constitute the waiver of any other broach of the agreement. & If any term. Condition or covenant of this agreement is told by a court of Competent jurisdktlon to be Invalid, void or unfilkroeable, the remaining provisions of this agreement shall be valid and binding on Client and Sladden Engineering. 7. This agreement shall be governed by and Construed in accordance with the laws of the State of California. 8. If the scope of aerv10e9 includes Sladden Engineering's assistance in applying for governments[ psmtlts or approvals, Sladden Engineering's assistance shall not constitute a representation, warranty or guarantee that such permits or approvois will be acted upon favorably by any governmental agency. 9. Upon gladden Enghftdng's request, Client and execute and deliver, or cause to be oxeauted and delivered, such additional information, documents or money to pay governmental fees and Charges which are necessary for $4 dden Engineering to perform it services pursuant to the terms of this agreement. 10. Client sdmowledges ON reports, Plans, "WificatfonS, field data notes and other documents. including all documents on electronic media. PrOPWW by Sladden Engineering are instrument of service, and shall remain fthe property Of Sladden Engineering and may be used by Sladden Engineering without the consent of Client. Upon request end payment of all costs involved, client is entitled to a copy of all flnal plans and specifications for use in connection with the project for which the plans and spsoMkatioes have been prepared. CNetd Acknowledges that ik right to udllze Anal plans and speoma lions end the services of Sladden Engineering provided pursuant to this agreement will con*wo only so long as Client is not in default, pursuant to the berms and conditions of this agreement, and Client has performed ON Its obligations under this agreement. t 1. Client agrees not to use or permit any other person to use plans, spscNkalions, drawings. oast estimates, reports or other documents prepared by Sladden Engineering which plans, specifications, drawings cost estimates. reports or other docutenta ae not final and which are not signed and stamped Or sealed by Sladden Engineering. Cunt shop be responsible for any such use of nOn-finat plans, specNcations, drawings, cost estimates, reports or otter docxinW" not signed and steeped or cooled by Sladden Engineering. Client hereby waives any claim for liability against Sladden Engineering for such use. Client further agrees that final plans, spociNCAtpns, drawing$, CM eStlmat", reports or other documents are for the emguswe use of Client and may be used by Client only for the project described on. Such final plans, not a=- drEWkW. Costafa enares. �b or other documents may MOW or used on a different project without writ* moorh atlon or approval by Sladden Engineering. if signed chock -prints are required t0 be submitted with a stamp or seal, they shall not be considered final for purposes of this paragraph. 12. In accepting and utAitlg any drawings, reports and data on any torn of Acbark media generated and Nmishad by Sladden Engineering, Client Covenants and agrees that all such electronic files are instr menu of service of Sladden Engineering, who shah be doomed the author, and shall retain all common law, statutory law and otter rights, including copyrights. 13. Client Acknowledges gladden Engineering has the right to complete AN service$ agreed to be rendered pursuant to tits agreamesa. In the event this agreement Is tenmineldd before the completion of aN services, unless Sudden Engineering is reepondibk for such early termination. Client agrees to release Sladden Enginee ft from all lW ty for services perfomhed. In the event cell Or any potion of the services by gladden Engineering arm suspended, abandoned, or otherwise elated, Client shall pay gladden Engineering AN files and c hangs for services provided prior to temdnst10n, not to exceed the contract *n b specified herein, It any. Client acknowledges t the project cervices are suspended and restarted, there vela be additional Charges due to suspension of the services which shall be paid for by Client es extra services pursuant to Paragraph 46. Client acknowledges if project services are terminated for the convenience of Client, Sladden Engineering Is entitled to reasonable termination costs; and expenses, to be paid by Client as extra services Pursuant to paragraph 4& 14. If the eoopo of services contained In this Agreement doss not include Canstrt ioMphe:d services for this project, Client admowiftes such construction -phase services will be Provided by client or by others and Client assumes all responalti ft for interpretation of the contract document$ and for Construction observation and supervision and waives MY claim against Sladden Ergineedrg that may in any way be Connected thereto. In addition, Client agrees to lndemnW and hold Sladden Engineering hwn*m from any loss, Claim, or post, including reasonable adomeys' fees and costs of defense, arising or resulting from the petknnanoe Of such services by other persons or antiflea and from any and all Wins arising from the mOdifi0etiOn. clarification, interpretation. adMimentts or charges made to the contract documents to is Changed field or other Conditions, except for Ckkft arising from the SOW "09igerh * Or willful misconduct of Sladden Engineering. 15. Client agree$ that In Co way can gladden Engineering behold responsible for errors or omissions of: No Client, other deeign Professionals. contractors or subcontractors. The them agrees to indorwdly, hold harmless and defend Sladden Engrngerig from any lose, claim, or Cost. In lodlhq reasonable WOmays' ferns and costs of defense except where such losses am the reah4t of ""%W ce or wWful misconduct by gladden Engineering. IS. gladden Engineering OW to WWW to immedhatey, and without notice. suspend the perfomrrance of any and all of its oblipdw pursuant to this agreement if Client files a voluntary petition seslting nNmf under the United States Bankruptcy Coda or if there is an involuntary bw*f*cy Petition filed against Client in the United States Bftmploy Court, and that petition Is not disrressed within fifteen (15) days of its Ming. Any suspension of serviose maid pursuant to the ProviBiors of this Paragraph shell continue until such time as tide Agreement has been fully and properly assumed in OCCOrConce with the VWICAbb provisions of the United State= ftr*mft Cods and In oomplianoe With the final order or Judgment issued by the Ba knit lc+y Court. If the suspension of PW*ffnanoe Of Sladden Engineering's obligation pursuant a this agreement cortftm for a period In sbiosas of nlrety (60 41"g, Sladden Engineering shall have de right to 10(minAbe ON services pursuant to this agreement. 17. This agreement shell not be construed to alter, affect or wining any design proeeaions1% NK medhanb's lien or stop notice right, which gladden Engineering may have for to performance of savlces pursuant to this sgrearent. Client ogre" to provide to Sladden Engineering the Present name and address of the record owner of the properly upon which the Pf*CI I$ to be located. Client alma agrees to provide Sladden Engineering with the name and address of any and all WWW who may loan money on the project and who arm entitled to reotive a preliminary notice. Page 1 of 4 Tome and Conditions row 3.0 2" *gladden Engineering TERMS AND CONDITIONS 18. If payment for gladden Engineerh o SOMOes IS to be made on behalf of Client by a th"rty lender, Client agrees that Sudden Engineering Shan not be required to Indemnify the thlyd-party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services. 19. if Sladden Engineering. pursuant to this agreement, produces plans, specifications, of Other documents and/or perfamms field Services, and such plans, specifications, or other documents and/or field services, are required by any gonmmerft agency, and such governmental agency Changes its ordinariees, cores, policies, procedures or requirements after the date of this agreement, any additional office or field Services thereby required shall be paid for by Client as extra services in accordance with paragraph 48. 20. Client acknowledges that the design sefvioss performed pursuant to this agreernerit are based upon field and other condition existing at the time these services were performed. Client further acknowledges that field and other conditions may Change by the time project construction occurs and clarification, adjustments, modifications and other changes may be necessary to reflect changed field or other conditions. Such clarifications, adjustments, modifications and other changes shag be paid for by Client as extra services in accordance with paragraph 46. 21. Sudden Engineering is not responsible for delay caused by ■divides or factors beyond gladden Engineering's reasonable control, including but not limited to, delays by reason of shim, lockouts, work slowdown or stoppages, accidents, ads of God, failure of Client to furnish timely Information or approve or disapprove of Sladden Engineering's services or instrument of service promptly, faulty performance by Client or other contractors or governmental agencies. When such delays beyond Sladden Engineering's reasonable control occur, Client agrees gladden Engineering shall not be responsible in damages nor shell Sladden Engineering be deemed to be in default of this agreement Further, when such delays occur, Client agrees that, to the extent such delays cause gladden Engineering to perform extra services, such shall be paid for by Client as extra services in accordance with paragraph 46. 22. Sladden Engineering Shan not be gable for damages resulting from the adkK% Or Inactions of governmettpd agencies including, but not limited to. permit processing. envirormlertal impact reports, daotcations, general plans and amendments thereto, zoning mom, alneiiattone or Consolidations, use or conditional we permits, pro)aot or plan appMSIS. and building permits. Client agrees that it is the resImsibilky of Clan to maintain in good stanotng all governmental approvals or permits and the dmeiy appy for any necessary extensions thereof. 23, M the Scope of services requires Sladden Engineering to estimate quantities, such estimates are made on the basis of Sladden Engliese ft's experience and qualifications and represent Sladden Engineering's best judgment as a professional generally franc iar with the Industry. However, such estimate are only estimates and shall not constitute representations. warranties or guarantees Of the quantities of the subject of the estimate. 24. Client soknowledges that Sladden Engineering is not responsible for the pemiomma m of work by third parties including, but not limited to, the construction contractor and its subcontractors or utility locating services. Sladden Engineering has no authority to reject or direct the wodc of the client Or contractors, such rights are reserved soft for the dent. 25. It is the Clenre responsibility to identify any and all on site utilities. Repairs required to fix any utilities not identified and damaged dung the execution of this contract by Sladden Engineering will be a! the Client's expense. 26. gladden Engineering makes no wammnty, either express or implied as to its Mmdings, , plans, specifications, or professional advice except that the services were perbmrsd pursuant to generally aeoepled standards Of professional practice in Meet at the Urns and locality of performance. 27. In the event (1) Client agrees to. authorizes, or permits changes in the Ph, specfic dOm Of dOCUM010 pMpared by gladden Engineering, which changes are rot toms rated to In wrglg by Sladden Engineering, or (2) Client agroeS to, authorizes or permits construction of unauthorized Changes In the plans. specificislim or documents prepared by Sladden Engineering, which Charges are not wed to In writing by Sladdea Engineering, or (3) Client does not follow reconnmerdatlons prepared by Sudden Engineering pursuant to this agreement, which changed are not consented to in writing by Sudden Engineering: Client acknowledges that the raiauthorized changes and their efdegs are not the responsibility of Sladdan Engineering and Client agrees to release Sladden Engineering from all Isti ty arieing from the use of such changes, and further agrees to Wand, lodswify and hold harmless Sladden Engineering, es ofFicers, directors, agents, employees and subcomractors from and spinet ail claims, demands, damages or costs, Including attorneys' fees, arlsi g from the unauthorized changes. 28, Client agrees that In seoordance with generally accepted construction prectices, the construction contractor and construction subcontractors will be required to assume sole and complete responsibility for job site conditions during g the oourse of construction of the projact, Including safety of ale persons and property, and that this requirement shag apply continuously and not be Il MW to normal worldng hours. Neither the professional activitin of Gladden Engineering nor the presence of gladden Engineering or its employees or subeontradors at a construction site Shall relieve the contreCZor and its subcontractor of their obligations, duties and responsibilities including, but not limited to. Construction means, methods. sequence,100niques or prooedures necessary for performing, superintending or coordinating all portions of the work of construction In accordance with the Contract documents and applicable health or safety requirements of any regulatory agency or of state law. 29. Client agrees to require Its contractor and subcontractors to review the plans, specifications and documents prepared by Sladden Engineering prior to the commencement of construction -phase work. If the contractor and/or suboontractors determine there am deficiencies, conflicts, errors, omicelons, code violations, Improper uses of materials, or other dercienda In the plans. specifications end documents prepared by $Mdden Engine", contractors and subaordradots shag notify Client so those deficiencies may be corrwed by gladden Engineering prior to the Commencement of construction -phase worse, 30. If during the construction phase of the projat Client discovers or becomes aware of Changed field or other conditions which necessitate darificstons, modifications or other changes to the plans, sped6co Ons, estimates or other documents prepared by gladden EngMsering. Client agrees to notify Sladden Engineering 00 retain Sladden Engineering to prepare the necessary charges of modifications before conebuctlon acUvkiaa proceed. Further. Client agrees to require a provision In its Construction Contracts for the project which requires the oontrector to prOnpUy notify Client of any changed field or other conditions SO that Client may In turn notify gladden Engineering pursuant to the provisions Of this paragraph. Any extra wok performed by gladden Engineering Pursuant to this paragraph shall be paid for as extra cervices pursuant to paragraph 48. 31. Indemnificationof CLIENT. $Went to the provisions and Limitation of 4abift of this Agreement, Sladden agrees to Ir dernntfy and hob harmless CLIENT, its shareholders, officers directors, employees, and agents from and agslnat any Claims, suits, damages, expenses. including reason" attorneys' Liss, or other Irma (collectively "Losses? to the extent caused by Sladden's negligent performance of Services under this Agreement. Indemnification of SLADDEN. Client will indemnify and hold han "" SLADDEN, its shareholders. officers, directors, employees, and agents from and against L.osees to the extant caused by the negigence Of Client, its employees. agent and contractors. CLIENTS Obligation to Indemnity, shag Include any Losses, resulting from (1) a subsequent determination that the Project is subject to prevalling wage regulations, and (2) Lossas arising from the existence, disposal, release, dleei @W. traatntent or transportation of Hazardous Liateriais, the OMOWM of any person to, or any degradation Of the a MMmnent due to Hazardous eoisisr b Limitation of Lis WW. The total OWAky of gladden arl ing out of or related to the Agreemerd, whether based In contract Or tort, shale the limited to the greater Of the COMPOnSWOn actually paid to SLADDEN for the Services under ON Work Orders of $50.000. This limitation of IlsbRy shag include any Losses payable to Client under IndemnificMOn of CLIENT. AN Olsirria by CLIENT against GLADDEN shag be descried waived unless written notice of the claim has been provided to SLADDEN within one (1) Page 2 of 4 TOM and Conditions rev &0 2/W I `wSladden Engineering TERMS AND CONDITIONS year after substantial completion of the Services performed under a Particular Work Order. CLIENT agrees that any claim or auk for damages made or feed against SLADDEN by client wit be made or teed solely against SLADDEN or its successors or assigns and that no shareholder or employee of SLADDEN shall be personally Roble to CLIENT for damages under any circu nstanc es. This Limitation of Liability applis t0 any end all claim$. no matter how pleaded, including claims for errors and omissions, breach of contract, negligence, or breach of fiduciary duty and applies to all phases of Services performed under this Agreernerd. SLADDEN's total liability to CLIENT and anyone claiming by, through, or under CLIENT for damages shall not exceed the percentage share that SLADDEN's negligence bears to the total negligence of aA negligent entities and individuals. 32. Client agrees to purchase and maintain, or cause Contractor to purchase and maintain, during the Course of OoNtruotion, builders risk 'ail risk" insurance, which MR name Sladden Engineering as an additional named Insured as its interest may appear. 33. Sladden Engineering requires notdnation of any and all known environmental safety hazards prior to beginning work. And, if an environmental safety hazard becomes known during work Madden Engineering requires Immediate notification. 34. Client 0dcnOwl8d9es that Sladden Engineering's scope of services for this Project does not Include any services related in any way to asbestos and/or hazardous or to* materials. Should Sladden Engineering or any other party encounter such materials on the job site, or should it In any other way become known that such materials are Present or may be present on the job site or any sdjaeent of nearby areas which may effect Sladden Engineering's services. Sudden Engineering may, at its option, suspend or terminate work on the project until such time as Client retains a Qualified contractor to abate and/or remove the asbestos and/or hazardous or toxic materials and warrant that the job she Is free from any hazard which may result from the existence of such materials. 35. Client hereby agrees to bring no cause ofadion on any basis whatsoever against Sladden Engineering, its officers aril dkecors, principals, employees, agents and aubccMradors if such clekn or cause of action M soy way weddd im►dva Sladden Engineering's services for the iMvestigation. datedien, ebatemerrL replacement, use or specification, or refnoval of products, materials or processes Cordaknirg asbestos, asbestos cement Pipe, and/or any hazardous or toxic materials, Clint fuutMr agrees to defend, indemnHy and hold hwmfess Sladden Engineering, its offloera, directors. prirx#". employees and subCOrrtradOrs from any asbestos and/or hazardous or toxic material rested dalms that may be brought by third parties as a result of the services provided by Sadden Engineering pursuant to this agreement. except daims caused by the sole negligence or willful misconduct of Wadden Engineering. 36. In the event of any litigation arising from or related t0 the services provided under this agreement, the prevailing party will be entitled to recovery of all reasonable Costs Incurred, including staff am, court costs, attorneys' fees and other related expenses. 37, Client agrees that in the event Madden Engineering insttutes "ligation to enforce ar into" the pn>ti1e10114 of this agreement such litigation is to be brought and adjudiceted M the appropriate court in the county in which Sladden ErpltleerkV's Mace of business Is located, and Client waives the right to bring, try Or Mr we such litigation to any other county or judicial district 38. (a) Except as provided In subdivisions (b) and (c), In an effort to resolve any conflicts that arise during the design or Construction of the Projad Or kdowing completion of the pt4 t, client and Madden Engl agree that all disputes between them wising out of or relatkhg to thin agreement shall be submitted to nonbinding mediation, unless the parties mutually agree otherwise. Client and Sudden Engk*Wng summer agree to include a similar mediation provision to an agree nwb with khdppendent contractors And consult rKa retained for the projeOt and to require an independent contractors and Sadden Engineering also to Include a similar mediation provision In ate agreements with sub00nftd* s, suppliers or fabricators 60 retaned, thereby providing for mediation as the polio" meatod.for dispute mookton between the parties to those agreements. (b) Subdivision (a) shalt not preclude or Unlit Sadden Engineering's right to fee an action for collection of fees tf the amount in depute Is within the junction of the smart claims court. (0) Subdivision (s) ahae not prelude Of *W Madden Engineering's right to perhd or srdCroe apWA* design professional's and/or mechanic's lien or stop notice remedies. 39. (a) Except as provided in subdivisions (b) and (C), in the event the parties to this agreement are unable to reach a mediated resolution of any dispute adaing out of the services rendered pursuant to this agreemenL In accordance with paragraph 43, then, unless tlta podia mutually agree Otherwise, such disputes shall be settled by binding ebkr 0" in accordance with the Consbuction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbarator(s) may be entered In any court having jurisdiction them (b) Subdivision (a) shall not preclude or M* Sadden Engineering's right to fie an action for collection of fsp if the smount is dispute is within the jurisdiction Of the small claims cast. (0) Subdivision (a) shoe not preclude or lime Sladden Engineering's right to period or enforce applicable design protessionars and/or mechanics lien or stop notice remedies. 40. Sladden Engineering shall not be regcrbed to execute any documents subsequent tO the 21041119 Of this 60MGnlent that in any way might, In the judgrnant of Sadden Engineering, Increase Sladden Engineering's contractual or legal obligations or risks, or the availability or costs of his or her professional or general liability insurance, BILLINt3 AND PAYMENT 41. AN less and other charges due Madden Engineering wig be biped monthly and shall bee re at the tine of.billing unless specified otherwise in this 4Q►eenten L if Client fails to pay Madden t_rg'rneeing within thirty (30) days slier invoices are rendered. Sladden Engineering shall have Um right in its sole discretion to consider such def ult In payment a material breach of be entire agreement and. upon wridan notice Sadden Engineering's duties, obligations and responsibilities tower this ag►eernent may be suspended or Wminaled. In such event. Client snail promptly Pay Sadden I!r4k srbng for ale okdstWXft tees and charges due Sadden Engineering at the time of susperhsion or termination. ff Sladden•Engineering elects to suspend ortermkiate Madden 4En� reasons OU pumuent to this provision, Madden Engptearing is suspension Or temnination costs or expenses. 42, Client agues that all bMiegs from Sladden Enginesring to Client are correct and blnft On Clift WJBU Client, within ton (10) days from the date Of FOMOI of such billing. notifies Sladden n dden alleInaccuracies, diaorepandos, or errors billing, In � of ged 43. Client agrees to pay a mOF Mty lab payment charge, which win to the teaser of one and one-half peucent (1•1/2%) per month or a monthly charge not to exceed the mandmsun legs" role, which will be applied to any unpaid balance commencing thirty (3o) days after the dste of the ft- 4444. If the project is considered as or N r of the prevaikng wage, Mien the OW is roqul d�to n�a Mft adden Engineentng,110M srarthhe the 01019d, in compliance with the legal rekNirernordai ofthe prevailing wage laws in effect. 45. In the evCrt Madden Engineering's fee ache" Charges due to any hnorease of costs such as, but not IknMsd to, the gr&aV of wage Incxeases, increases in insurance, or kOOM In the crest of living, during the Rfettme of this agreement, tit Increase shall be applied to all remaining fees and Charges to riffled the increased costs_ 46. Clint agreee that if Chant requests services not spadfisd in the scope of se, AM described In this 09reement, Client will pay for all such addit'"I services as extra services. In accordance with Madden En girwering's bftV rags uUtzed for this contract. Page 3 Oft 4 Terms grid Canditorts rev 30 200 �Sladden Engineerfnq TERMS AND CONDITIONS 47, Neither party shag be responSW to the other for any special, incidental, indirea penal or oonmitsential damages pndWing lost ptoihs) incurred by dithw Sladden or CLIENT or for which either party may be liable to any third party. The Indemnity obligations and the Nmltstion of lability estabNahed glow shall sundve the expiration or termination of this Agreement. Pape 4 of 4 Tom and Cm2ions rev &0 2= (aSladden Engineering 2012 SCHEDULE OF FEES malle a SCOPE OF SERVICES Sladddn Engineering proviby Pit services In the Mid of coil median" kundstlons deei$n and emmwotr engineering in aodo or" with gemeraiy oomw proebm at the dint: of aervioe. No warranty, either expressed or implies, is granted Ina psd of go p p of our work, 5ladden Engineering does not provide services reboed by mwhmftn sy and fto hold harmless barn any liability related tQ safety issues. be in the avant rink rite client requests termir Wm of welt prior to completion, we reserve the right to complete (at the derd's expense) any analysts or testing considered necessary to cdnplete our records and proW our profeesiortsl reputalbn. PROPEBSMX SERVICES SPrincipal........................................................................... $175.00 per hour Penior EnWnm t................................................................M. $150.00 per hour Shmjed ftal.................................................................... $135.00whour c T� t............................................. I...... I........... $100.00 pw ......................................................... $75.00 per hots �uty� -� ilinng......... ................................................ $".00 per hour ...................................................................... M-00 per hour 08P* inepeebrw (ACI, iCC, AWA Cartieed). .$73.00 per hour Adminisiratlen ....................................................................... !O0 00 per hour ............................................................................................• $50.00 Per Fold Reot ppargion;................ ........................................................ $75.00 per how ..................... A minimum of two hews wie be charged for AW taoo and show up Wne even K no teafkhg ` parf4rrrted. Relmb mm* expense kamW WIN beWoat stoat Pius 15%. 1.11110RATORY TFS, No Mexim m DWdllhrXWvnum Moisture (AMU 1557 - McOW A) ................1. $140.00 each mozirnum DeneitylCP*nWn 1410IMM (ASTM 1867 . Method C) .................. $160.00 each maxima" Deno ►�Dplltrm Moisture (C&tmha ion $.00 Seoh + 'hwrv" (Rats A&WW).. � ' 1m SWO (wMW 200 wash) .................................................... ...............aSN- o each slmve Analn* (wQh 200 wash) ............... ...................................................,. $105.00 each Expansion Index Me 1a-2)..................................................... ................ ... *11/3300.■coo) co Ra�M Detar"nedon ........ .............................1.. Sar>d Equivalent (Average of three) ...................................................I.......... $105.00 each Aridt rnk ............................................................................ 41011.00 pch Plaatle Limit . .... .................... ................................................................................... $65.00 Sam ex � a Ind Tag oral & PL-d8ft Nrh).........................4.6....................... $130.00 each st................................. .......................... $M.00 &am I�tM WW Max A/C .............................. Soluble Sinew Content Detier'rrtUtnt m............................ ............................. $55.00 "oh „......................................1.,,........................ i15�5.00 each Asphalt 6rtraotivrh t3reeadon ....-•-.....-•............................................. 3180.00 each "Prices are subiaat 10 charge wow notim • Indio a emmom •Marnet e 2012-ldw* of Fm rw 10 3ladden Engineering 6702 Stanton Ave., Suite A, Buena Park, CA 90621 (714) 523.0952 Fax (714) 623-1369 45090 Csotf Center Parkway, Suite F Indio, California 92201(760) 86MT13 Fax (760) 863-0947 450 Eoon Avenue. Beaumont. CA 92223 (951) 845-7743 Fax (9511845-8863 Preliminary Information Request Form IN ORDER TO COMFY WITH CALIFORNIA STATE LAW, CIVIL. CODE SECTION 3097, WE MUST FILE A 20 DAY PRELIMINARY NOTICE. PLEASE PROVIDE THE INFORMATION DETAILED BELOW. THIS 1S IN NO WAY A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR, WE FILE ON ALL JOBS. CUSTOMER: START DATE: PLEASE PROVIDE US WITH THE FOLLOWING INFORMATION CONCERNING YOUR JOB # JOB LOCATION: LENDER: Address OWNER: Address GENERAL CONTRACTOR: Address PLEASE RETURN THIS INFORMATION TO OUR OFFICE PROMPTLY BY FAX OR MAIL FAX # 951-845-8863. YOUR COOPERATION IS APPRECIATED, THANK YOU. ����\<.? . 2