HomeMy WebLinkAboutSR - R22600C - Testing & InspectionPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT NO. R22600C TO EARTH
SYSTEMS SOUTHWEST FOR THE TESTING AND INSPECTION OF
THE HENDERSON COMMUNITY BUILDING CONSTRUCTION
SUBMITTED BY: MISSY WIGHTMAN, PROJECT COORDINATOR
CONTRACTOR: EARTH SYSTEMS SOUTHWEST
79-811 B COUNTRY CLUB DRIVE
BERMUDA DUNES, CA 92203
DATE: AUGUST 24, 2006
CONTENTS: AGREEMENT FOR PROFESSIONAL SERVICES
Recommendation:
By Minute Motion, that the Agency Board:
1) Authorize the award of Contract No. R22600C in the amount of
$73,801 to Earth Systems Southwest for the testing and inspection of the
new 5,800 square foot Henderson Community Building construction at the
Entrada del Paseo site;
2) Authorize the Finance Director to set aside the amount of $7,380 as 10%
contingency (use of contingency requires additional action).
3) Authorize Executive Director to execute said agreement.
Funds are available in Account No.850-4358-433-4001.
Discussion:
On February 23, 2006, the Agency Board authorized the City Clerk to advertise and call for bids
for the construction of the new Henderson Community Building at the Entrada del Paseo site.
The new 5,800 square foot building was designed by Patel Architecture, and is slated to be the
second Leadership in Energy and Environmental Design (LEED) certified building within the
City.
An award of contract to Steton Construction Group for the construction of the Henderson
Community Building was approved at the July 13, 2006, Agency Board meeting. Three
separate professional services proposals were requested for the testing and inspection of the
Henderson Community Building construction. Staff reviewed these proposals and had each
company make needed revisions as staff saw necessary to complete a project of this
Staff Report
Authorize Award of Contract No. R22600C to Earth Systems Southwest for the testing
and inspection of the Henderson Community Building construction
Page 2 of 2 ,
August 24, 2006
complexity. These proposals were then forwarded to the structural engineer of record for the
Henderson Community Building. The structural engineer reviewed the proposals and
recommended only one of the three firms: Earth Systems Southwest. Earth Systems Southwest
submitted a proposal that demonstrated the qualifications, experience, and project
understanding necessary for this project.
Based on the proposals, staff research, and the structural engineer's recommendation, staff
recommends award to Earth Systems Southwest in the amount of $73,801. The testing and
inspection of the Henderson Community Building's construction will begin in late August and will
be complete in the beginning of October 2007. The services will include concrete testing,
special deputy inspection as required by code, and soils compaction testing.
Submitted by:
Missy tman
Project Coordinator
Approval:
-Po, Carlos
ment
Director
Department Head:
-Bette YngoyeA
Director of R elopment/Housing
Paul S. Gibson, Director of Finance
MEN IOWQUDI�!
a'MMEM ME 16M -A
VERIFIED BY P—W..( OT
Origi at on file with City Clerk's Office
GARDA\Melissa Wightman\Henderson Community Building\Staff Report- Award Testing and Inspection.doc
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of , 200_,
("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY
("Agency"} and Earth Svstems Southwest, a Professional Testinq and Inspection Firm
("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties").
WITNESSETH
WHEREAS, Agency desires to retain Consultant as an independent contractor to
perform certain technical and professional consulting services in connection with the
Henderson Communitv Buildinq project, subject to the terms and conditions specified
below, in the documents attached and incorporated herein, and applicable federal, state
and local law.
NOW, THEREFORE, in consideration of performance by the Parties of the
mutual promises, covenants, and conditions herein contained, the Parties hereto agree
as follows:
1. ConsultanYs Services.
1.1 Nature of Services. Consultant shall provide professional and
technical services on a non-exclusive basis, as more particularly described in Section 3,
below, and in Exhibit A, Revised Proposal fvr Inspection and Testing Services.
1.2 Personnel. Consultant represents that it has, or will secure at its
own expense, all personnel required to perform the services under this Agreement. All
of the services required under this Agreement will be performed by Consultant or under
its direct supervision, and all personnel engaged in the work shall be qualified, and shall
be authorized or permitted under state and local law to perform such services.
1.3 Standard of Performance. Consultant shall perform all services
under this Agreement in accordance with the standard of care generally exercised by
like professionals under similar circumstances and in a manner reasonably satisfactory
to Agency.
1.4 Consultant Reqresentative. For the purposes of this Agreement,
the individual who will serve as the Consultant Representative shall be Mark Houphton
("Consultant Representative").
1.5 Time of Commencement. The execution of this Agreement
constitutes an authorization to proceed. No separate written Notice to Proceed will be
issued by the Agency Representative.
1.6 Time of Performance. Consultant shall commence the services
contemplated under this Agreement immediately upon receipt of an executed
agreement from the Agency, and shall prosecute to completion each task listed in
Section 3 in a timely and diligent manner three hundred ninetv-five t3951 calendar days
of receipt of a Notice to Proceed.
Professional Services Agreement — Agency — V.1
2. Services by Agency:
2.1 Aqencv Representative. For the purposes of this Agreement, the
Agency Representative shall be Missv Wiphtman, or such other person designated by
the Agency's Executive Director ("Agency Representative").
2.2 Provision of Data. All information, data, reports and records and
maps as are existing and available from the Agency and necessary for the carryings out
of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge
by Agency, and Agency shall cooperate in every way reasonable in the carrying out of
the work without delay.
3. Consultant's Scope of Work. Upon delivery by Agency to Consu{tant of
an executed agreement, Consultant shall immediately commence work pursuant to this
Agreement. Consultant's scope of work shall consist of the services in Exhibit A
appended to this Agreement.
3.1 Reportinq & Record Keeqinq. To assist Agency in the performance
of its planning, reporting, and financial administration obligations, Consultant shall,
throughout the term of this Agreement, keep Agency reasonably informed of progress
on work required under this Agreement, and of any problems or delays, anticipated or
otherwise, associated with each aspect of the work. Consultant shall promptly respond
to any request by Agency for information, progress reports, or documentation.
Consultant shall maintain accurate records of all work performed for each Assignment
under this Agreement, including but not limited to originals or copies, as applicable, of
all deliverable documents described in Exhibit A. Upon the comp{etion of work, and if
requested by the Agency, Consultant shall deliver to Agency the originals of all
renderings, models, or documentation produced, and may retain copies of such
documentation, at Consultant's election.
3. 2 Compliance with Laws. Consultant shall at all times possess any
and all licenses and permits necessary to provide the services herein, and shall comply
with applicable federal, state and local laws, ordinances, codes and regulations in the
performance of this Agreement, and with all applicable with any applicable City vf Palm
Desert policies and guidelines.
3.3 Confidentialitv. Except as otherwise permitted or required by law or
as necessary to pertorm its services, Consultant shall maintain as confidential and shall
not disclose any and/or all information received in the course of performing pursuant to
this Agreement. Consultant shall promptly inform the Agency in the event Consultant
receives a subpoena or court order requiring disclosure of confidential information.
4. Compensation. Agency shall pay Consultant for the Services provided
under this Agreement on the following basis.
4.1 Not-to-Exceed Fee: Agency shall pay to Consultant a total amount
not to exceed $ 73,801 for the basic services described in Exhibit A. Payment shall be
made on a monthly basis, based upon the rates defined in Exhibit B. The not-to-exceed
fee shall not be exceeded without written agreement between the parties.
4.2 Additional Services: Additional services beyond those described in
Exhibit A shall be reimbursed on a time-spent basis at the rates described in Exhibit B.
Agency shall not be obligated to compensate Consultant for additional services
performed without advance authorization from the Agency Representative.
4.3 Extraordinary Expenses/Costs. No claims for additional services,
expenses or costs incurred by Consultant will be allowed unless such additional
services, expenses or costs are authorized by Agency in writing prior to the
performance or incurrence of such services, expenses or costs. Any additional
services, expenses or costs authorized by Agency shall be compensated at rates
mutually agreed upon by the Parties in writing.
5. Method of Payment.
5.1 Invoices. Consultant shall submit to Agency invoices each month
for all services, if any, completed, and all expenses or costs incurred pursuant to this
Agreement during the preceding month. The invoices shall describe the services
rendered during the period and shall show the number of hours worked, the hourly rates
charged, tests performed and any milestone achievements. Copies of receipts for
expenses or costs shall be submitted with each invoice. Agency shall review such
invoices and notify Consultant in writing within fifteen (15) cafendar days of any disputed
amounts.
5.2 Pavment. Agency shall pay all undisputed portions of the invoice
within thirty (30) ca{endar days after receipt of the invoice up to the maximum amounts
set forth in Section 5.
5.3 Audit of Records. At any time during regular working hours, all
records, invoices, time cards, cost control sheets and other records maintained by
Consuftant shall be available for review and audit by the Agency.
6. Ownership of Work Product.
6.1 Propertv of Aaencv. All documents incfuding but not limited to
plans, bids, proposals, correspondence, permits, certificates, contracts, change orders,
invoices, receipts, reports, analyses or other written material developed or obtained by
Consultant in the performance of this Agreement, including any and all intellectual
property rights arising therefrom ("Work ProducY'), shall be and remain the property of
Agency upon full payment to consultant for its services without restriction or limitation
upon its use or dissemination by Agency. Promptly upon the completion of each
Assignment, or at any other time upon reasonable notice to Consultant by Agency,
Consultant shall deliver all Work Product to Agency so long as agency is current on its
payment obligations to Consultant.
6.2 Re-Use of Work Product. Agency and Consultant agree that all
documents, other than invoices, prepared by Consultant pursuant to this Agreement
shall be used exclusively for the subject project, and shall not be used for any other
work without the mutual agreement of the Parties. Such material shafl not be the subject
of a copyright application by Consultant. In the event Consultant permits the re-use or
other use of such Work Product, Agency shall require the party using them to indemnify
and hold harmless Agency and Consultant regarding such re-use or other use, and
3
Agency shall require the party using them to eliminate any and all references to
Consultant from such Work Product. In the event Agency re-uses such Work Product
on any project other than the project for which they were prepared, such re-use shall be
at the sole risk of Agency unless Agency compensates Consultant for such reuse.
7. Conflict of InteresVProhibited Conduct and Interests
7.1 Conflict of Interest. Consultant and its officers, employees,
associates and sub consultants, if any, wilf comply with all conflict of interest statutes of
the State of California applicable to Consultant's services under this Agreement,
including, but not limited to, the Political Reform Act (Government Code Sections
81000, et seq.) and Government Code Section 1090. During the term of this
Agreement, Consultant shall retain the right to perform similar services for other clients,
but Consultant and its officers, employees, associates and sub consultants shall not,
without the prior written approval of the Agency Executive Director, perform work for
another person or entity for whom Consultant is not currently performing work that
would require Consultant or one of its officers, employees, associates or sub
consultants to abstain from a decision under this Agreement pursuant to a conflict of
interest statute.
7.2 No Solicitation. Consultant, on behalf of itself and its officers,
employees, agents and representatives, warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement, and that it has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, Agency shall have the right to terminate this Agreement
without notice or liability, or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
7.3 No Financial Interest - Aqencv. No officer, member or employee of
Agency during his or her tenure or one (1) year thereafter shall have any interest, direct
or indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and
agree that to their knowledge no member of the Agency Board, or officer or employee of
Agency, has any interest, whether contractual, non-contractual, financial or otherwise, in
this Agreement, or the subjeci matter thereof, nor any business or financial relationship
with Consultant, and that if any such interest comes to the knowledge of either Party at
any time a full and complete disclosure of all such information will be made in writing to
the other Party or Parties, even if such interest would not be considered a conflict of
interest under applicable laws.
7.4 No Financial Interest — Consultant. Consultant hereby covenants,
on behalf of itself, and its officers, employees, agents and representatives, that at the
time of executing this Agreement it has no interest, and that it shall not acquire any
interest in the future, direct or indirect, which would conflict in any manner or degree
with the performance of services required to be performed pursuant to this Agreement.
Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be empfoyed by Consultant. At no time during the term of
4
this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on
Consultant's behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the project.
8. Indemnification. Other than in the performance of professional services
and to the fullest extent permitted by iaw, Consultant shail indemnify, defend and hold
the City, Agency, and City's and Agency's elected officia{s, officers, employees, agents
and volunteers free and harmless from and against all tort liability, including liability for
claims, suits, actions, expenses or costs of any kind, whether actual, alleged or
threatened, reasonable attorney's fees, court costs, and expert witness fees incurred by
City or Agency, arising out of or in any way connected with, in whole or in part, the acts
or omissions of Consultant, or any of Consultant's officers, agents, employees or
contractors, in the performance of this Agreement, including but not limited to, claims,
suits and liabilities for bodily injury, death or property damage to any individual or entity,
including employees or officials of Consultant. The provisions of this paragraph shall
not apply to cfaims arising out of the sole negligence or willful misconduct of City or
Agency, any of City's or Agency's elected officials, officers, employees or agents.
In addition to the foregoing, Consultant shall indemnify, protect, defend and
hold harmless the Agency and the City of Palm Desert, their officials, empfoyees,
agents and representatives from and against any and all losses, liabilities, damages,
costs, and expenses, including reasonable attorney's fees and costs to the extent same
are caused in whole or in part by any negligent or wrongful act, error, or omission of the
Consultant, its officers, agents, employees or subConsultants (or any entity or individual
that the Consultant shall bear the legal liability thereof) in the performance of
professional services under this agreement.
9. Insurance.
Consultant will maintain insurance in conformance with the requirements set forth
below. If Consultant's existing coverage does not meet the requirements set forth here,
it will be amended to do so. Consultant acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to Agency in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to Agency.
9.1 Workers' Compensation and Employer's Liabilitv.
Consultant shall provide Workers Compensation and Employer's Liability {nsurance on
an approved polic form providing benefits as required by law with employer's liability
limits no less that �1,000,000 per accident or disease.
9.2 Professional Liabilitv or Errors and Omissions, Professional
Liability or Errors and Omissions insurance as appropriate shall be written on a policy
form coverage specifically designed to protect against negligent professional acts,
errors or omissions of the Consultant and "Covered Professional Services" as
designated in the poticy must specifically include work pertormed under this agreement.
The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The
policy must "pay on behalf of" the insured and must contain a provision establishing the
insurer's duty to defend. The policy retroactive date must be on or before the effective
date of this agreement.
9.3 Automobile Liabilit�. Consultant shall provide auto liability
coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no
vehicles, this requirement may be met through a non-owned auto endorsement to the
CGL policy.
9.4 Waiver. If the Consultant does not carry Worker's
compensation coverage, or if the Consultant will not operate any vehicfes at any time
within the scope of the services in the agreement, provisions for these coverages may
be waived upon review and approvaf of the Agency's Risk Manager.
10. Status as Independent Contractor. Consultant is, and shall at all times
remain as to Agency, a wholly independent contractor. Consultant shall have no power
to incur any debt, obligation, or liability on behalf of Agency. Neither Agency nor any of
its officials, employees or agents shafl have control over the conduct of Consultant or
any of Consultant's employees, except as set forth in this Agreement.
11. Non-Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the Agency's prior, written
consent. Any attempted or purported assignment or sub-contracting by Consultant shall
be null, void and of no effect.
12. Non-Discrimination and Equal Employment Opportunity. ln the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental disability, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental disability, medical condition, or sexual
orientation. This clause shall be included in any contract prepared or approved by
Consultant in connection with performance of its services under this Agreement.
13. Cooperation. In the event any claim or action is brought against Agency
or City relating to Consultant's performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation, which Agency or
City might require.
14. Termination. The right is resenred by the Agency to terminate the
Agreement at any time upon seven (7) days written notice, in the event the project is to
be abandoned or indefinitely postponed, or in the event the Consultant's services, in the
sole judgment of Agency, are unsatisfactory or because of the Consultant's failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the Consultant shall be paid the reasonable value
of the services rendered, based upon Consultant's standard hourly rates, up to the time
of the termination. The Consultant shall keep adequate records to substantiate costs
and provide copies of original timecards in the event of termination or suspension.
15. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be given by first class U.S. mail or by personal service. Notices shall
be deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during Consultant's and Agency's regular business hours or by facsimile before
or during Consultant's regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth
in the Agreement, or to such other addresses as the Parties may, from time to time,
designate in writing pursuant to the provisions of this section. All notices shall be
delivered to the Parties at the following addresses:
Agency: Carlos L. Orteaa, Executive Director
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
With a copy to: Missv Wiqhtman, Proiect Coordinator
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
Consultant: Mark Houqhton, Testinq and Insqection Supervisor
Earth Systems Southwest
79-811 B Country Club Drive
Bermuda Dunes, CA 92203
Te1: (760) 345-1588
Fax: (760) 345-7315
16. Non-Waiver of Terms, Rights and Remedies. Waiver by either Party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by Agency of any payment to Consultant constitute or be construed as a
waiver by Agency of any breach of covenant, or any default which may then exist on the
part of Consultant, and the making of any such payment by Agency shall in no way
impair or prejudice any right or remedy available to Agency with regard to such breach
or defau{t.
17. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for damages for breach, or to enforce or
interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's
fees and experts' costs.
18. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of
�
any document incorporated herein by reference, the provisions of this Agreement shall
prevail.
19. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Consultant and Agency. This Agreement supersedes all prior oral
or written negotiations, representations or agreements. No promise or representation,
whether oral or written, express or implied, that is not set forth herein, shall be binding
or have any force or effect. This Agreement may not be amended, nor any provision
waived, except in a writing signed by the Parties which expressly refers to this
Agreement.
20. Partial Invalidity. In case any provision of this Agreement should be
deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any
respect, the validity, legality or enforceability of the remaining provisions shall not be
affected or impaired thereby.
21. Successors. This Agreement shall bind and insure to the benefit of the
respective heirs, personal representatives, successors and assigns of the parties to this
Agreement.
22. Waivers. No waiver of any breach or default of any term or provision of
this Agreement shall be deemed a waiver of any other term or provision of this
Agreement, and no waiver shall be valid unless in writing and executed by the waiving
party.
23. Construction. Section headings in this Agreement are solefy for the
convenience of the parties and are not a part of and shall not be used to interpret this
Agreement. This Agreement shall not be construed as if it had been prepared by one of
the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all
references to Sections ace to this Agreement. All exhibits to this Agreement are hereby
incorporated by reference.
24. In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement
(b) Exhibit A— Revised Proposal for Inspection and Testing Services
(c) Exhibit B — Rate Schedule
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
CONSULTANT
By:
its:
CONSULTANT
By:
�ts:
PALM DESERT REDEVELOPMENT AGENCY
Executive Director
ATTEST:
Rachelle D. Klassen, Secretary
APPROVED AS TO FORM
Dave Erwin, City Attorney
�
State of California )
) SS.
County of )
On . , before me, , a
Notary Public, personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) islare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
DESCRIPTION OF ATTACHED DOCUMENT:
(TITLE OR TYPE OF DOCUMENT)
(NUMBER OF PAGES)
(DATE OF DOCUMENT)
(SIGNER(S) OTHER THAN NAMED ABOVE)
ia
(seal)
Right Thumbprint of Signer
(Optional)
EXHIBIT A
PROPOSAL
io
RCPDFA
C/O CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260
REVISED PROPOSAL FOR
INSPECTION AND TESTING SERVICES
HENDERSON COMMUNITY BUILDING
72-559 HIGHWAY 111
PALM DESERT, CALIFORNIA
June 26, 2006
Revised August 4, 2006
�
'
� 2006 Earth Systems Southwest
Unauthorized use or copying of this document is strictly prohibited
without the express written consent of Earth Systems Southwest.
t� �
_ i . �, �.: . . �
�ts,��,ai�.�.ti _;.�-�+%•
� Proposal No.. SWP-07-197R 'r �� �`` ��'r1f-{S- 4
= A, i i.� d'�.!.ti . � ���. �v�":'4i
� Earth Systems
�� Southwest
August 4, 2006
RCPDFA
c/o City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
Attention: Ms. Missy Wightman
Project: Henderson Communifiy Building
72-559 Highway 111
Palm Desert, California
79-811B Country Club Drive
Bermuda Dunes, CA 92203
(760)345-1588
(800)924-7015
FAX (760) 345-7315
Proposal No.: SWP-07-197R
Subject: Revised Proposal for Inspection and Testing Services
Dear Ms. Wightman:
We are pleased to provide this revised proposal to perform inspection and testing services for the
proposed construction of the Henderson Community Building to be located at 72-559 Highway
111 in the City of Palm Desert, California. This revised proposal is based on the plans submitted
to our office and our experience on projects of similar size and scope. The rates in this revised
proposal are based on State of California prevailing wage requirements and the quantities are
based on our review of the plans and specifications.
A. Site Gradin�
A combination of full-time and intermittent observations and compaction testing will be
performed by a representative of Earth Systems Southwest (ESSVi� during site mass-
grading operations to observe the progress of work related to site preparations, required
over-excavation and pre-moistening, and placement of fill and backfill for the retaining
walls. We estimate that compaction testing during mass grading will require a technician
for four hours per day for one week.
B. Buildin�s
Testing services only will be provided by Earth Systems Southwest (ESSW) on footings
and backfill of underslab plumbing trenches. This revised proposal does not include
observation during footing excavation or trench backfill and compaction operations.
C. Sewer and Water Connections
Testing services only will be provided by ESSW on the sewer and water connection trench
backfill. This revised proposal does not include observation during trench backfill and
compaction.
� EAR"I'H SYSTEMS SOUTHWEST
August 4, 2006 2 Proposal No.: SWP-07-197R
ESSW will test at locations and depths deemed appropriate to provide the owner with
information on the relative compaction within the tested areas. Areas with test results
showing low density may be retested after they are reworked, if required.
D. Concrete Samplin� and Testin�
Inspection, sampling, and field-testing during concrete placements shall be provided by a
representative of ESSW with an ICC certified inspector. This will include sampling, slump
tests, temperature morutoring, au content and testing of concrete specimens. ESSW
personnel will provide cylinder pickup and transport. Expansion and epoxy anchors
embedded into concrete will be inspected by ESSW. At this time, batch plant inspection is
not required and therefore is not included in the current scope of work.
E. Shotcrete Samnlin� and Testin�
Inspection, sampling and field-testing during shotcrete placements shall be provided by a
representative of ESSW with a Division of State Architect approved shotcrete inspector.
This will include sampling, slump tests, temperature monitoring, air content and testing of
concrete specimens. ESSW personnel will provide panel pickup and transport. At this
time, batch plant inspection is not required and therefore is not included in the current
scope of work.
F. Structural Steel
Special inspection will be performed for field welding and high strength bolts. This work
will be based an the specification provided in the approved plans and specifications. These
inspections will be provided by American Welding Society (AWS) — Certified Welding
Inspectors (CWI). All full penetration welds will require ultrasonic testing that shall be
provided by ow contract agency, Inland Inspections.
General Terms
A. General
The fees set forth in this revised proposal include written reports issued at the completion
of the job. Interim reports may be submitted, when necessary, to substantiate periodic
invoicing. The estimates provided are based on passing tests on inspections only. We will
not be responsible for invoicing retests to the subcontractors.
Four hour minimums will apply to this project and a two hour show-up charge will be
made when no testing is performed or when the contractor is not ready for tests and does
not cancel our personnel.
B. Consultation
� Engineering consultation, either in the office or at the job site, will be billed at hourly rates,
with a two-hour minimum for field consultation. Some engineering consultation has
� occurred to date and we expect that further hours will be required over the course of
grading and construction.
� EARTH SYSTEMS SOUTHWEST
August 4, 2006
C. Basis of Fees
Proposal No.: SWP-07-197R
The basis of charges for this revised proposal is the Fee Schedule in effect last year for
ESSW, dated January 2006, as modified by this revised proposal.
The fees, as provided herein, are applicable for a period of 60 days from date of this revised
proposal, at which time we reserve the right to modify our revised proposal in both scope
and fee.
The fees contained herein are based upon an esNmate for services performed during
normal business hours. Normal business hours are from 7:00 a.m. through 5:00 p.m.,
Monday through Friday. Should a technician or inspector be reguired for either
Saturday or Sunday, this time will be billed at Fee Schedule overtime rates as an extra
expense to the project.
TERMS FOR SERVICE
The following terms and conditions shall be incorporated into the agreement for services.
1. INVESTIGATION, MONITORING & INSPECTION: If the services include monitoring
or inspection of soil, construction and/or materials, Client shall authorize and pay for Consultant
to provide sufficient observation and professional inspection to permit Consultant to form
opinions according to accepted statistical sampling methods as to whether the work has been
performed in accordance with recommendations. Such opinions, while statistically valid, do not
guaranty uniformity of conditions or materials. Similarly, soils and geology investigations do
not guaranty uniformity of subsurface conditions. Client hereby represents and warrants that it
has provided and shall provide to Consultant all information and sufficient advance notice
necessary in order for Consultant to perform the appropriate level of services. No statement or
action of Consultant can relieve Client's contractors af their obligation to perform their work
properly. Consultant has no authority to supervise or stop the work of others.
2. SITE ACCESS & UTILITIES: Client has sole responsibility for securing site access and
locating utilities.
3. BILLING AND PAYMENT: Client will pay Consultant the proposal amount or, if none is
stated, according to the fee schedule in effect at the time our services are provided. Prior to
initiation of fieldwork, a retainer is required. This retainer shall be maintained throughout the
project and shall be applied to the final invoice. Payment is due on presentation of invoices, and
is delinquent if Consultant has not received payment within 30-days from date of an invoice.
Client will pay an additional charge of 1-1/2 (1.5) percent per month (or the maximum
percentage allowed by law, whichever is lower) on any delinquent amount, excepting any
portion of the invoiced amount that is disputed in good faith. Each payment will iirst be applied
to accrued interest, costs and fees and then to the principal unpaid amount. All time spent and
expenses incurred (including any in-house or outside attorney's fees) in connection with
collection of any delinquent amount will be paid by the Client to Consultant per Consultant's
current fee schedule.
4. OWNERSHIP OF DOCUMENTS: Consultant owns all documents it creates and grants
Client limited license to use the documents for the purposes stated in the documents. Consultant
reserves the right to withhold delivery of documents to Client until payment in full of current
invoices has been received.
EARTH SYSTEMS SOUTHWEST
� "
August 4, 2006 4 Proposal No.: S WP-07-197R
'
5. TERMINATION: 'This agreement may be terminated by either party effective seven (7)
� days from the date of written notice, or if the client suspends the work for three (3) months. In
the event of termination, Consultant will be paid for services performed prior to the date of
termination plus reasonable termination expenses. If Consultant has not received payment for
' any invoice within 30 days from the date of the invoice, or in the event of anticipatory breach by
Client, Consultant may suspend performance of its services immediately and may terminate this
contract.
' 6. RISK ALLOCATION: In order for Client to obtain the benefit of a fee which includes a
lesser allowance for compensating Consultant for its litigation risk, Client a�rees to indemnifv,
� hold harmless and defend Consultant. its agents, employees, or officers, from and against any
and all loss, claim, expenses, including attorney's fees, injury, damages, liability or costs arising
out of non-design services (i.e., services other than as defined by Civil Code Section 2784)
� performed by Consultant on this project, except where such loss injury, damage, liability, cost,
expenses or claims are the result of the sole negligence or willful misconduct of Consultant.
7. HAZARDOUS MATERIALS: Consultant is responsible only for hazazdous materials
brought by Consultant onto the site. Client retains ownership and responsibility in all respects
for other hazardous materials and associated damage.
' 8. ASSIGNS AND THIRD PARTIES: Neither the client nor Consultant may delegate, assign,
or transfer his duties or rights in this Agreement without the written consent of the other party.
T'his Agreement is intended only to benefit the parties hereto. No person who is not a signatory
� to this agreement shall have any rights hereunder to rely on this contract or on any of
Consultant's services or reports without the express written authorization of Consultant.
' 9. STANDARD OF CARE: Consultant agrees to strive to perform its services that are intended
solely for the use of the Client, in a proper and professional manner in accordance with current
standards of geotechnical engineering practice in this community at this time. The Client agrees
� to pay for and look to Consultant only for such performances. No warranty or guarantee is
expressed or implied. Consultant and the Client agree that there are risks of earth movement and
property damage inherent in land development and repair and that Consultant has not been
' authorized to perform the exhaustive and economically unfeasible investigation necessary to
eliminate such risks.
�
�
�
10. EFFECTS OF SITE EXPLORATION: It is understood that in the normal cowse of
providing these services, that Consultant will be required to access the site excavate test pits. All
pits will be backfilled at completion, however some settlement should be anticipated. Consultant
will attempt to minimize the effects of the excavation operations on the site. However, it must be
understood that some damage to existing roadways, vegetation, or other improvements may
occur. Consultant does not propose to restore the site to the same condition as was present prior
to the exploration operations.
11. ENVIRONMENTAL SERVICES: The scope of geotechnical services does not include
any environmental assessment or investigation for the presence or absence of wetlands, hazardous
or toxic materials in the soil, surface water or groundwater, or air, on or below, or around the site.
12. GOVERNING LAW, SURVIVAL AND FORUM SELECTION: The contract shall be
� governed by laws of the State of California. If any of the provisions contained in this agreement
are held invaiid, the enforceability of the remaining provisions will not be impaired. Limitations
�
EARTH SYSTEMS SOUTHWEST
August 4, 2006 5 Proposal No.: SWP-07-197R
of liability, indemnities, representations and warranties by Client will survive termination of this
agreement. The signatories represent and warrant that they are authorized by the entities on
whose behalf they sign to enter into this contract and that their principals have filed fictitious
business name statements, if required. All disputes between Consultant and client related to this
agreement will be submitted to the court of the county where Consultant's principal place of
business is located and client waives the right to remove the action to any other county or judicial
jurisdiction.
Tf the proposed scope of work, Terms for Service, and fees are satisfactory, please sign in the
space provided below and return one copy to our office. This will constitute authorization for
us to proceed with work on the project. Based on the passing of Assembly Bill No. 2629,
services may not commence until the execution of a written contract. ESSW's responsibility for
the project will end upon completion of the services described herein or termination of the
agreement, unless authorization to perform additional work and agreement for payment thereof is
provided by the client. This revised proposal is valid for a period of 90 days. If authorized after
90 days, ESSW reserves the right to reconsider the fees presented herein.
We look forward to assisting you on this project. Thank you for the opportunity to submit this
revised proposal. If you have any questions or require additional information, please call the
undersigned at (760} 345-1588.
Respectfully submitted,
EARTH SYSTEMS SOUTHWEST
��
/
Craig S. Hill
President
AGREED TO AND ACCEPTED
CLIENT NAME (IN PRINT)
SIGNATURE AND TITLE
PLEASE RETURNA SIGNED COPY
TO EARTH SYSTEMS SOUT'HWEST
TINISSN (Tax ID No./Social Security No.)
(This information and signature above authorizes us to review
Client credit history.)
ProposaUpdclmh/cshiaj flreh
Distribution: 2/RCPDFA
c/o City of Palm Desert
1 /CSH
1BD File
Attachments: Job Cost Estimate Sheets
DATE
(760) 346-0611
TELEPHONE NUMBER
(7601-340-0574
FAX NUMBER
EARTH SYSTEMS SOUTHWEST
EXHIBIT B
RATE SCHEDULE
iz
08/11/2906 15:37 760-345-7315 EARTHSI'STEMS
JaB CUST ESTIMA��.'E S�IEE'T
Proposal Nu�aber: SW�,07�X97�i2
Hendercon Comm�nity Building
Matee�isls Inspection and Testing
,
Tusk �tate Quetttity Cost Subtotal
Concrete
Concrete Inspectxo�/Sanzpling $80 96 $7,680
Sa�mple Pieac-up $80 1 b S 1,280
TYips - 2vtae � $29 l 6 $�64
$9,424
Shotcrete
Sho�tcrctc Inspcctior�
Sampie Pick up
�tips - 2one B
$80
�SO
�29
1.68
�b
�6 �
$ � 3,440
$ �,ZSO
$464
,Structural Stee!
_ Shop Welding Insp�ction
FieldWelding Inepeation
H.S: �Bolting
Ultra-Sanic Testing
$15,184
$80 148 $11.$40
�80 � 96 57,680
$80 28 $2,240
$80 24 $1,920
$23,680
Misc.
Mix Design / Design Review $230 4
Epoxy/Ex�ausion Bolt Teatis� S95 24
Trips � Zvnc A $29 6
Laboratorp Tester�
Cox�.ccctc Coxnpcossion Tests $26 54
Shvtcrete Pane� Test $245 16
Stee1 �'e�ntsx�e Testiz�g $375 1.1.
orts
Final Report $500
TOTAL E3TIMATE _ $61,871
i
$920
52,280
�17�
$3,374
$1,66�
$3,920
$4.�.25
�9,709
�soa
$soa
Roceivad Au�-11-06 03:32pw From-760 346 7316 To-PAIk� DESERT CITY CLE PaQe 02
Pac� a2�a2
98/14/2006 14:34
radin
760-345-7315 EARTHSYSTEMS
JOS CUST ES'��].VIA�'E� S�EET
Proposal Nnmber: SVY�-Q'7-197RZ
Job Name: HendersoM Corn�mnniiy Buildit�g
Tas� � Ratc Qua�ti.ty � Cost Subtotel
Techn..%cian $80 80 $6,4p4
Trips $�4 l5 $3b0
$G,760
Bu�
Footi�g Observations $SO
Plumi�ing Under Slab $80
Trips $24
Under�'ound
Sewer S80
wat� $so
Tri�s $24
Backuv Lrrboratory Tests
' Cotxxp. Curve .ASTM-U 4" $187
Comp. Curve ASTM-b 6" $240
R�
Grading $800
Buiiding, Footin,�s & Plumbing �304
Underground Utilities $300
Par3cing Lot & Street 5300
TdTAL EST�I►�ATE � $� 1,930
12
12
6
4
a
3
2
2
1
1
1
1
$960
$960
$144
52,064
$32p
sisa
$7z
$552
5374
$484
$854
$$p0
$300
$300
$30U
$ �,700
PAGE 02/�2