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HomeMy WebLinkAboutHA29410C - Mtrl Tstng-Inspctn Carlos Ortega Villas 825-11 Contract No. HA29410C PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AUTHORIZE AWARD OF CONTRACT NO. HA29410C TO SOUTHERN CALIFORNIA SOIL & TESTING, INC., SAN DIEGO, CALIFORNIA, FOR MATERIALS TESTING AND SPECIAL INSPECTION SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT IN AN AMOUNT NOT TO EXCEED $197,708.00 (PROJECT NO. 825-11) SUBMITTED BY: Heather Buck, Project Coordinator CONSULTANT: Southern California Soil & Testing, Inc. 6280 Riverdale Street San Diego, CA 92120 DATE: June 12, 2014 CONTENTS: Contract Agreement Recommendation By Minute Motion that the Authority Board: 1. Authorize the award of Contract No. HA29410C to Southern California Soil & Testing, Inc., (SCS&T) San Diego, California, for materials testing and special inspection services for the Carlos Ortega Villas project in an amount not to exceed $197,708.00 (Project No. 825-11); 2. Authorize the Finance Director to set aside the amount of $19,770.80 as 10 percent contingency (use of contingency requires additional action); 3. Approve the agreement substantially as to form; and 4. Authorize the Chairman to execute the Agreement. Funds are available in Housing Authority Capital Improvements Account No. 871-8691-466- 4001. Commission Recommendation The Housing Commission reviewed the recommendation at the regularly scheduled meeting of June 11, 2014. Staff will provide a verbal report upon request of the Authority Board. Staff Report Award Contract No. HA29410C to SCS&T for Testing and Inspection Services for COV Page 2 of 3 June 12, 2014 Executive Summary Approval of this request authorizes the Chairman to execute the Agreement for materials testing and special inspection services with SCS&T for the Carlos Ortega Villas project. Construction is anticipated to commence in July 2014 and will take 14 months to complete. The selected consultant will assist the Authority by providing material testing and deputy special inspection services and preparing reports for the testing and inspection. Testing and inspection services will include, but are not limited to soils, foundations, framing and sheathing, concrete, epoxy anchors, and Title 24 HERS testing (Field Verification and Diagnostic Testing services used to show compliance with the Title 24, Part 6; Building Energy Efficiency Standards). Backqround The Carlos Ortega Villas is a 72-unit affordable senior housing project, located on approximately 3.9 acres at the intersection of Washington Street and Avenue of the States. Carlos Ortega Villas will be a flagship project, incorporating the latest in energy efficiencies into both design and construction with the ultimate goal being a net-zero energy project. On April 8, 2010, the Palm Desert Redevelopment Agency Board ("Agency Board") authorized the Executive Director to contract with Interactive Design Corporation (IDC) for architectural services for the Carlos Ortega Villas. Since 2011, staffs' ability to move this project forward has been limited by the dissolution of the former Palm Desert Redevelopment Agency ("Agency"). Despite this, the project entitlement process was completed and the project design was approved by the Successor Agency/Housing Authority on March 22, 2012. As a requirement of the State Department of Finance, a Bond Proceeds Funding Agreement was approved to facilitate this project by the Oversight Board on October 7, 2013, and by the Authority Board on October 10, 2013. On April 26 and May 2, 2014, staff advertised the Notice Inviting Proposals for the Materials Testing and Special Inspection Services portion of the Carlos Ortega Villas project, and on May 20, 2014, eight proposals were received. Below is a summary of the proposals received: Com an Name Location Converse Consultants Redlands, CA Earth S stems Southwest Bermuda Dunes, CA Geocon West, Inc. Palm Desert, CA Hillto Geotechnical, Inc. San Bernardino, CA Inland Foundation En ineerin , Inc. Palm Desert, CA LOR Geotechnical Grou , Inc. Riverside, CA MTGL, Inc. Indio, CA Southern California Soil 8� Testin , Inc. Indio, CA Staff Report Award Contract No. HA29410C to SCS&T for Testing and Inspection Services for COV Page 3 of 3 June 12, 2014 As this is a contract for professional services, award is based on qualifications. Therefore, an evaluation committee of City staff reviewed all proposals received based on technical criteria (qualifications, management approach, technical approach/work plan, and completeness of response) and location of consultant's office(s). Staff reviewed the cost proposal submitted by the highest ranked firm, found it to be within industry standard, and negotiated the final scope and cost with this firm. Staff recommends approval of a contract with SCS&T located in San Diego, California. Although the headquarters is located in San Diego, the project will be serviced out of the local office in Indio. Staff has reviewed the contractor's qualifications and found them to be in accordance with the type of work being performed in this contract. Fiscal Analvsis The estimated costs for the project are listed on ROPS lines 171 and 186. Although the Housing Authority would initially advance the funds for this work, the SARDA may reimburse the Authority for the costs from bond proceeds. The 2007 Housing Set-Aside bond issuance included the Carlos Ortega Villas as a project in the bond covenants. As a requirement of the State Department of Finance, a Bond Proceeds Funding Agreement was approved to facilitate this purpose by the Oversight Board on October 7, 2013, and by the Authority Board on October 10, 2013. Submitted By: ; � � --�-C..� Heather uck, P ject C or 'nator anet ore, Director of Housing < /� � rtin Alvarez Rudy A osta irector of Economic Development Assistant City Manager Review Pau S. Gibson, Director of Finance U� , . �-� Approval: ... ;.::� � , ... . .. _ ;� ���� �..�....�6.��?`�`� .. . : � . �� vEa�IF#�� ���:�r� f(n� n M. Wohlmuth, Executive Director (��-j�al-��� ��-� �i��, ����� ��#y �.���.��� affiCE ���o ��.P1S(.�, 1-�Ct�rl1l�'�,�������/� l,a�����r'��7�C�t'li1Pl'�1` �l(,�S' t�(�1�- MATERIALS TESTING AND SPECIAL INSPECTION SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT NO. 825-11 CONTRACT NO. HA29410C PALM DESERT HOUSING AUTHORITY PROFESSIONAL CONSULTANT SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 12T" day of June, 2014, by and between the Palm Desert Housing Authority, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260 ("Authority") and SOUTHERN CALIFORNIA SOIL & TESTING, INC., a CALIFORNIA CORPORATION, with its principal place of business at 6280 Riverdale Street, San Diego, California, 92120 ("Consultant"). Authority and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional material testing and special inspection consulting services required by the Authority on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional material testing and special inspection consulting services to public clients, is licensed in the State of California, and is familiar with the plans of Authority. 2.2 Project. Authority desires to engage Consultant to render such professional material testing and special inspection consulting services for the Carlos Ortega Villas, Project No. 825-11; Contract No. HA 29410C ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the Authority all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional material testing and special inspection consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 1 3.1 .2 Term. The term of this Agreement shall be from July 1, 2014 to the filing of the Notice of Completion for the construction contract, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Authority retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of Authority and shall at all times be under Consultant's exclusive direction and control. Neither Authority, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, Authority shall respond to Consultant's submittals in a timely manner. Upon request of Authority, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of Authority. 3.2.4 Substitution of Ke� Personnel. Consultant has represented to Authority that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of Authority. In the event that Authority and Consultant cannot agree as to the substitution of key personnel, Authority shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the Authority, or who are determined by the Authority to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the Authority. The key personnel for performance of this Agreement are as follows: 2 Southern California Soil & Testinq, Inc. Garrett, Fountain, PE, GE Principal Engineer/Project Manager License No. California - PE #63885 /GE #2752 Andrew Neuhaus, PG, CEG Senior Geologist License No. California - CEG #2591 / PG #8398 Michael Geriminsky Field and Soil Material Tester/Special Inspector Joseph Urrete Field and Soil Material Tester/Special Inspector Randy Hallmark Waterproofing Inspector Advancinq Home Performance, Inc. Robert Bachus HERS Subconsultant License No. 3.2.5 Authority's Representative. The Authority hereby designates Heather Buck, Project Coordinator or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("Authority's Representative"). Consultant shall not accept direction or orders from any person other than the Executive Director, Authority's Representative or his/her designee. Authority's Representative shall have the power to act on behalf of the Authority for review and approval of all products submitted by Consultant, but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The Executive Director shall be authorized to act on Authority's behalf and to execute all necessary documents which increase the Scope of Work or change the Consultant's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. 3.2.6 Consultant's Representative. Consultant hereby designates Garrett Fountain, PE, GE, License No. PE #63885 / GE #2752, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with Authority staff in the performance of Services and shall be available to Authority's staff, consultants and other staff at all times. 3 3.2.8 Standard of Care; Performance of Employees. Consuitant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the Authority, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the Authority to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Authority, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold Authority, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the Authority that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Authority that the subconsultant has secured all insurance required under this section. Without limiting Consultant's indemnification of Authority, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Authority. General Liabilitv insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) 4 cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liabilitv Insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Professional Liabilitv (Errors & Omissions) Insurance: Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3} years from termination or expiration of this Agreement. Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, Palm Desert Country Club Villas (PDCCV), and their officers, agents, employees and volunteers. Other provisions or requirements Insurance for Subconsultants: All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and PDCCV as an Additional Insured to the Subconsultant's policies. Consultant shall provide to Authority satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Consultant shall provide certificates of insurance to Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shatl be kept on file with Authority at all times during the term of this contract. Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. 5 Duration of CoveraQe: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. Authoritv's Riqhts of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Authority will be promptly reimbursed by Consultant or Authority will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Authority may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subroqation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and PDCCV, their elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and PDCCV, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. Primary and Non-Contributinq Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limitinq: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to Authority with a thirty (30) day notice of cancellation (except for 6 nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and PDCCV and their officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. Authoritv's Riqht to Revise Specifications: The Authority reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Authority and Consultant may renegotiate Consultant's compensation. Self-Insured Retentions.: Any self-insured retentions must be declared to and approved by Authority. Authority reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Authority. Timelv Notice of Claims: Consultant shall give Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safetv: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred ninety-seven thousand seven hundred 7 eight dollars ($197,708.00) without authorization of the Authority Board or Executive Director, as applicable, per the Palm Desert Municipal Code. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to Authority a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. Authority shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the Authority disputes any of Consultant's fees, the Authority shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by Authority, or included in Exhibit "C" of this Agreement. 3.3.4 Extra Work. At any time during the term of this Agreement, Authority may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by Authority to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the Authority Board or Executive Director, as applicable, per the Palm Desert Municipal Code. 3.3.5 Rate Increases. Not applicable. 3.3.6 Prevailinq_Waqes. Consultant is aware of the requirements of California Labor Code Section 1720, et se�{c., and 1770, et s�ce ,., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an appficable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. Authority shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principat place of business and at the project site. Consultant shall defend, indemnify and hold the Authority, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of 8 Authority during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. Authority may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to Authority, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Authority may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Authority may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: SOUTHERN CALIFORNIA SOIL & TESTING, INC. 6280 Riverdale Street San Diego, California 92120 ATTN: Garrett Fountain, Principal Authority: Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: Janet Moore, Director of Housing Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 9 3.5.3 Ownership of Materials and Confidentialitv. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for Authority to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that Authority is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the Authority. Authority shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at Authority's sole risk. 3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other pocuments & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of Authority, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use Authority's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of Authority. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. 3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the Authority, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct 10 of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.5.6.2 Additional Indemnitv Obli.ata ions. To the fullest extent permitted by law, Consultant shall defend, with counsel of Authority's choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against Authority or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against Authority or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shatl also reimburse Authority for the cost of any settlement paid by Authority or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Authority's attorney's fees and costs, including expert witness fees. Consultant shall reimburse Authority and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Authority, its directors, officials officers, employees, agents, or volunteers. 3.5.7 Entire Aareement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governinq Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 Authority's Riqht to Emplov Other Consultants. Authority reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assiqns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Authority. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 11 3.5.13 Construction; References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to Authority include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by bath Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.171nvalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Authority shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Authority, during the term of his or her service with Authority, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation, or to 12 undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Aqreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of Autharity. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. By: By: SOUTHERN CALIFORNIA SOIL & Chairman or Executive Director TESTING Name: Title: ATTEST: By: Name: Title: By: By: Rachelle D. Klassen Secretary [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] APPROVED AS TO FORM: By: Best Best & Krieger LLP Authority Counsel 13 EXHIBIT "A" SCOPE OF SERVICES Scope of Services shall be per the Request for Proposals (issued April 26, 2014) and Addenda No(s). 1, 2, and 3. 14 EXHIBIT "B" SCHEDULE OF SERVICES Approved Baseline Schedule to be submitted by General Contractor for construction will be distributed to Consultant and incorporated as a part of this Agreement. Schedule of Consultant's Services shall be coordinated as required with the construction schedule. 15 EXHIBIT "C" COMPENSATION Total compensation shali not exceed the total lump sum contract amount. Consultant shall be compensated for actual services performed based on the following estimated hours: Client City of Palm DeseR May 30,2014 ProJect Carlos Ortega Vilias SCS&T Proposal No. i4-0330R Budget Surrvnary/Cost Estimate Table Prevailing Wage Rates BUDGET ESTIMATE SUMMARY EARTHWORK OBSERVATION AND COMPACTION TESTING SERVICES Estimated Rate/Unit Total Cost HourslUnit FIELD TECHNICIAN $34,960.00 Soils Tech-Grading 160 hours @ $92.00 lhour $14,720.00 Soils Tech-Utflity Trench 160 hours @ $92.00 fhour $14,720.00 Soils Tech-Subgrade/Base/Asphalt 60 hours @ $92.00 fiour $5,520.00 PROFESSIONAL STAFF $8,832.00 Pregrade Meeting 4 hours @ $132.00 lhour $528.00 Footing Observations,Staff 60 hours @ $112_DO /hour $6,720.00 Project ManagemenUEngineer-Geotechnical 12 hours @ $132.Od /hour $1,584.00 REPORTS $2,850.00 Transfer of Geotechnical Engineer Letter 1 letter @ $'150.00 /report NC Report-Grading 1 report @ $2,500.00 /report $2,500.00 Pad Certification 1 report @ $350.00 /report $350.00 LABORAT�RY TESTiNG $2,678.�0 Asphalt Conformance Testing(Hveem-Max 2 tests @ �465.00 ltest $930.0� Density, Percent Bitumen, Extraction-Gradation) Maximum Density Test 5 tests @ �200.00 ltest $1,000.00 Corrosivity(Suifates,Chlorides, pH, Resistivity) 4 tests @ $187.00 ftest $748.00 TOT14L FOR EARTHWORK OBSERVATIOM AND COMPACTION TESTING SERVICES $49,320.00 16 Clrenf City of Palm Desert May 30,2014 Project Carlos Ortega Villas SCS&T PYoposal No. 94-0330R Budget Summary/Cost Esfrmale Table Prevailing Wage Rates BUDGET ESTIMATE SUMMARY MATERIALS ENGINEERING SERVICES E���� Rate/Unit Total Cost HourslUnit DEPUTY INSPECTORRECHNICIAN $22 816.00 Concrete Drilled Anchor inspection 48 hours @ $92.00 /hour $4,416.00 Cast-in-Place Concrete Inspection 200 hours @ $92.00 /hour $18,400.00 BUILDING INSPECTOR $13,248.00 Framing Framing Inspection 144 hours @ $92.00 /hour $13,248.00 PROFESSIONAL STAFF!REPORTS $9 192.00 Project ManagemenUMeetings 18 hours @ $312.00 /hour $4,992.00 Final Verified Report 12 report @ $350.00 /report $4,200.00 MATERIALS LAB TESTING $5 544.00 Materiai Sampie Pick Ups 30 trips @ $66.00 /trip $1;980.00 Concrete Cylinder Compression 132 tests @ $27.00 ltest $3,564.OD TOTAL FOR SPECIAL INSPECTION AND MATERIALS TESTING SERVICES $50,800.00 CJrent City of Palm Desert May 30,2014 Project Carlos Ottega Villas SCS&T Proposa/No. 19-0330R Budget SummaryfCast Estimate Table Prevailing Wage Rates BUDGET ESTIMATE SUMMARY ROOFING/WATERPROOFING/FIRE CAULKINGIHERS TESTING Hours/Unit Rate/Unit Total Cost 3RD PARTY OBSERVATION $93 652.00 Waterproofing Quality Control 576 hours @ $92.00 fiour $52,992.00 Fire Caulking Inspectors 80 hours @ $92.00 /hour $7,360.00 HERS Testing 74 units @ $450.00 /unit $33,300.00 PROFESSIONAL STAFF $2 436.00 Project Management 14 hours @ $174.00 /hour $2,436.00 REPORTS $1,500.00 Final Report 1 report @ $1,500.00 /report $1,500.00 TOTAL FOR 3RD PARTY CONSULTING SERVICES $97,588.00 17 Client City of Palm Desert May3Q 2014 Project CarlosOrtega Viilas SCS&TProposalNo. 14-0330R Budget Summary/Cost Estirrrafe Table Prevailing Wage Rates BUDGET ESTIMATE SUMMARY PROFESSIONAL SERVICES Total for Earthwork Observation �Compaction Testing Services $49,320.00 Total for Special Inspection and Materials Testing Services $50,800.00 Total for Waterproofing Consulting/HERS Testing/Fire Caulking 97 588.00 Total Budget Estimate $197,708.00 ASSUMPTIONS-GENERAL 1 Construction schedule was not available. 2 Plans and specifications were on hand for this estimate(By Interactive Design Corporation,dated April 16,2014). 3 Assumes an 8-hour day at 5 days per week. 4 No overtime is scheduled. 5 No weekend work is scheduled. 6 This budget estimate reflects realistic amounts of inspection and testirig a#a Prevailing wage inspection rate. 7 The Client will be invoiced in 2 hour increments with a 2 hour minimum. 8 The hourly rate reflects an arrticipated start date of 2014. 9 All work pertormed outside our scope of service will be invoiced per SCS&T 2014 Schedule of Fees. 10 Man hours were estimated assuming SCS&T will provide periodic special inspection during the approximate 14 months of construction. 11 4 Concrete cylinders taken for each 50 Cubic Yards. 12 Assumes site concrete is non-structural and will not require special inspection and testing. 18 HOURLY FEE SCHEDULE Hourly Fees shall be paid at the rate listed below or in the above Budget Estimate Summary. , San Oiego 6280 Rivetda{e Stree! 619.2H0.4S21 San Dlego,CA 92120 �.,,�; SOUTHERN CAtiF4RN1A � � 501L&TESTING,IWC. i„a�o 83•T40CitrusAvenue �r.�, ,� �"�.,_ ,...,,�� •t �. � r� �«. .�-.-r Y-„�:....�.�.;s[ 769.775.5883 Suftt G � indio,CA 92207•3�18 Riverside i130Pa1myritaAvenue P,r�eswiLisg Wage ScJredule of Fiesfor Prof�io�ral Serqic�r 951.965.8711 s�,aw aso.a Cety of Po/m Drs�ert O�tega Vit/ar-1014 Toil F�ee Riverside.CA 92507 877.21b.A321 v+ww.sCsl.com PROFESSIONAL SExVICES E�uteerlG¢dogisi PrirnxpatEng}neerlGeologst...........__.._....... ._........ . __........ _......_ ..__.._.... .......__.. . .._. __._.$t74 SeniorEngjneer/Geologjst ..................._..,..._......,....... .......__., _._.__ 132 __...__..... .._.. .._._..... ............___....... .__........ StaffEngjneer�Geologst ......__,_............_......___.....__......_.._ _.__._. .__...__... _ ...__............._......._ _.._...... _.. .... 112 _ ... ConcreteAAixDeagnReview.._.............._.._._.........._........_._......._..._._............ _._..............................._...._.._.._...... 174 _...__.... DtposiGonandTrialTestirrtony{4-HouxlvEnimuzqwithanytimeoverdhoucsbiikdes8hours)_.....__..._ ..,.._____....._....... .......___._..__..365 Techhicicn Soils+MaterialslQA-QCSupervisor __....__. . ........._.. ___.... ......._.... _ .............__...... ....__._, .....,...._. _................ .......5120 SoilsTechrndan ......_.. .....__.._. ...._._..__. .__........__........ . __._...._ . _._ 92 _..._...... . __.._ __.,._.._.. ........._....__........... . MaterialsTechuaan(ACn _...._... .........__.. .__................_,..... _.......... ..__..._.._ 92 _._..__,........ ..._____.._......_._._. ..._..... QA/QCTechnidan(ThirdParty) ...._........._. .......__._ ...,..__............... __..._... . __......92 _... ....... __..._..._......_...._.... F1oorFlatness(DipStick)Technidan.............._.__..........,................__...__ _.,.....__._..............._._._.._................_.........__.,...._........208 Conng-Asphalt,Conaete.NlascauyandGunite. ......... ___._....__......._ ........_.._._....__.... .._..._......._..._...__._ ._..... .__.......182 CeNified 1)epwy In�ecJnn CertiBedMaterialsSpedallnspector _......... .... ....... .__._... _......._.._.,.._...___. _. _....._ _.._...$92 _....._.. _......._.. ............ .. CertifiedBuildirg inspector._.......__......_._ _.._._._ ..__._._. . . ...._..._ . _..........___.__.._.._... .._......__.._ _.. __..._ .___.___....92 1�IDTTechnidan(UT,MT,DT,VTj... _..._................. ...._...... ___.._.109 _....__...._..._....__._....._._..._....._............. ............ BatchPlantInspector... .......... . . ._............. ......._ ....._.._..........._. _.77 _.........._ ..... ...._.... . OSPHDInspectorA,B... .._........ ... ..._.. . ........._ .........._... _._......... ............... ............. ._._.........._._.... ._...__.... ......_..._. 112 OSPHDInspectorC...... . ........... .... ......._..._....._. . ........__..._....._. __......... ._.....,.. _....._. ........... _ _....... _.110 AWSCertifiedWeldinglnspector(Fidd Wetding,ShopWelding,High-StrengthBoiting) ............._..... ..........._..._...... ._.__..,.._..._.....110 A�sreli�xeons OvertimeaztdSatuniayRate...._.... ...._.._._....._..........._.__......_...,.._,..__.............__.__.........._..............._. _...1.5xRegularHourlyRate SlindayandNa4onallyRecognizedHolidayRate(indudingthedayafter77�antcs�ving}......___.. .......__..._.....__......_..2xRegularHourlyRate NLmmumProfessionalFee.............__..._.....___..___.... ............_...._._.._......_.._._..._......_....._.._...__.._._.._.............___...._.......457A/Projed NlimmumFieldServicesFee _...... _........................... ......._.._ .._.__._. ..,...__.... .._..._........ $415/Project _.... ......... _,..___....__..._. RushSu�haz-ge__........_ _..__...._............__......_..... ........_ ._......... .._........ .. norrmlrateplus50% __.. ............ ....__,.... TRAVEL Personnd,_._ ..........__. ........... .._......._.. .................._.... _ ........ ................. ._._.. ._._.._..,.... .................RegutarHouciyRate PerDiem(variable,depmdingonlocation}..... ........_...... . _. ,....._.. . __._._.. _._.........$90-170/day _._.._ Sample Pick up(5an Diego,Riverside and San Bemardino Counties),_......... __.......866 __._. ._......_....._..__......_........._..._....__... ... EQUIPMENT AND MATERIALS t�hxctear Gauge.._........_......................................_............,.........._.............. _Induded in TecYu�idan Rate _..._._........__................................. dutsideServiceslEquipmentlMaterials ...._... ......._...... .... _._ ...._._.... .. ........ . _...,.......,.. Cost+20% _..._...,.... _.. Generator....... _...._.... ..._......... ............ ......_.._..__._,_.... _._..... . _......... _._....__.....S52/day Pachometer.._ __.. __........ _.__... _......... $11Rwur _...._... . __........ ..._........__..__._... .._.._..._........ ConcreteVaporErrnssionKits(ASTMF1869)... ......._. . ._._..._.. ._.,.. .....,._ ....._.. . .._...__ _.._.... .........__..._......$36/kit 19 _LABORATORY TESTS � Soil and Aggregate Maximum Density,a-inch mold(ASTM D1557).......................$200 Collapse Potential(ASTM D5333j................._.............._..........$I 10 Maximum llensity,6-inch mold(ASTM D1557).........................200 F.xpansion Index{AS1'M I�829}.................................................177 Rock Correcrimi for Maximmn Densities......._............................26 Sieve Analysis(ASTM D422)......................_................................83 Plasficity Index(ASTM D4318)....................................................127 1?irect Sheaz,Normal Speed(AS1'M D3080}...............................208 Hydrometer Analysis(AS1'M D422)............................................110 Direct Sheaz,Slow Speed(ASTM D3osoj...................................332 Resiatance Value,R-V'alue{Cal 301,ASTM D2844)...................$276 Masonry Califmrria Bearing Ratio includes Max Density C(nSTM Di883)..618 Compressive Strength,Block 8"x 8".x16"(nSTM C14o).._........$52 Sand Equivalent(Ca1217.AS7'M D2419).......................................88 Compressive Strength,Prisns 8"x16"s8"or smaller................1 1 Q Corrosivity(inc.pH,resistivity,soluble chlorides and sulfates)_._....187 Compressive Strength,Prisms Larger than R':ei6"x8"....._..__...149 Sieve Analysis,Couse(ASTM C136)............................................59 Compressive Strength,Grout 3"x3"x6"(ASTM C1019)................2 i Sizve Analysis,Fine(ASThS C13�........................._...._.._...._.....,4 C�xngressive Shength,Mortor 2"x4"(ASTM C789).....................^7 Specific Graviry,Coazse(ASTM C127).........................................ti9 Compressive Strength,Mortor Z"x2"(ASTM CI09).....................29 Specific Gravity,Fitte(ASTM C127).........--.........................._.....69 Lineaz Stuiniiage,Bl�ck(ASTM C42b)..._..._.............................252 Dw�ability Index(Cal 2?;)................................_......................._224 Concrete AsphallConcrete Cc�mpressive Shength,Cylinders(ASTM C39).........._...._.........$27 Hveem-Maximum Bulk Specific Cnavity(Cal 303)per plug..$I 33 Cotnpressive Strength,Core{ASTM C42).....................................59 Hveem and Stabilometer(Cai 308i366)per plug..........................175 Compressive Strength,Shotcrete Panel,3 cores(ASTR�I Cl 140j...290 Rice—Maximum Theoretical Specific Gravity(ASTM D2o41)...266 Splitting Tensile Strength,6"xl2"Cylinder(ASTM C496) ..........74 Bulk SpeciBc Gravity,Cores(ASTM D1188)............................._.58 Fle�ual Strzngth,6,>x6"�4"Beam(AS1'M C78}.........................74 Sieve Analvsis Extracted Aggegate(ASTM D544�).....................89 Lengh Change,Mortaz or Cmicrete(ASTM C157}.._.................3?I Percer�t Bihunen{ASTM D6307)......................._....._..................]83 MetnLr Mazshall Density(ASTM D6526)per p1ug...................................I 33 Tensile Shength,#3-#8 Reinforcing Steei{ASTM A615/A706)_$?a Marshall Density,Stability and Flow(AS1'M D6927)per plug....175 Tensile Strength,#9-#I 1(AST'M E8}..........................................90 Addidonu[laboratory tesling prices availabie upon requext. Bend Test,#3-#11 Runforcing Steel(AS1'M E8)........................45 TERMS AtVD COIYDITION5 — � All field�erviceswill be charged from poital to portal with the following minimum charges: • A one-hour minimum diarge will be applied to materiais sampling and samplc pickups. • A two-hour sfiow-up charge will be applied to any service canceled after 4:00 PM the previous day. • A two-hour minimum charge will be applied to all field services. • A si�c-hour chazge will be appiied to all field�nrices rcquiring betweai four and six hcwrs of work. • An eight-hour charge will be applied to all field services requiring between cix and eight hours ofwork. • Work in excess of eight hours up to twelve hours in a single day,wi11 be charged in 30-minute increments at 1.5 times the standard rate. • Work in cxces�of twelve hours in a day will be charged in one-hour increments at 2A times ffie staridard rate. • 'lhe Director of Indus7ial Rela[ions(D1R)may didate pa�iodic incrpses[o the prevailing wage during the duration of this�xojccUcontraM.SCS&T will increase our hourly rate on the effective date detemiined by the DIR,by a factor of 1.3 times the hourly increase. • A two and onoha(f perccnt(2.5%)feewill be charged For projed administretive tasks. • Ccrtified payroll can be provided if requested. A one-hour acLninictmtive charge will be invoiced per pay period. Waic pedamal by field cu laborarory personnel outside of normal business hours(6:30 AM-5:00 FMi will be charged a pranium on a case-by-case basis. Reimbursables:SCS&T reserves the nght to d�arge for services outside of the contract in the fomi of reimbursables.These items include,but are not limited to the following consumables:magnetic particle powder,ultrasonic copulent,concrete cylinda cans,etc.The fo�lowing are also included:mileage,travel time,equipma�t rental,administra[ive time utflized for pholocopying,distribu[ion lists,express mailing,archive scarches,etc. Subcontraded savices that are incdided on the Fee Schedule will be charged at thoa rates.Subcontracted services not included in our Fee Sd�edule will be charged at cost plus 20 percrn[.Pa Diem chatges will be applied[o projects outsfde a 50-mile radius of our office.lblileage will be charged at the rate of 50 cents per mile for distances over 50 miles from the location of di�atd�. Invoicc,for all savices wmpleted or in progress will be submitted monthly. Ttiese invoices are�e in fi�ll upon presentation to the dient.Invoices outstanding over 30 days�vill bo considced past due.A finance charge will be compute�l at the rate of 1.5 percent per month,which is an annual rate of 18 percau,az�d charged on all past ck�e aceounts.If leg�l action is brought on delinquau accounts,the prevailing party shall be artitled to recover it,reasonable attomey's fees a�id other eosts of colleMion. Our professional cngineering,geology,and inspedion savices are perfamed in accordance wi[h Uie cutrent 9andards of prac[ice in fhe indusUy.No other warranty or representation,express or implied,is made or intended. Should any services provided by SCS�.T for thSs pruject become subject to state or federat prevailing wage requiranurts.SCSRcT will be compensated for those serviccs at its prevailing wage rates,from the date these requ irements becane effective througt�completion of the project. Celehrating�nore thai�SO I enrs ut Scrutlrern Califoritict 2�