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HomeMy WebLinkAbout04/07/2009, C11 - DISPATCH CENTER/FIRE STORAGE FACILITY PROJECT AGREEMENTS �1 council M.*D� April 7,2009 j agenda Repout 1�N°. CITY OF SAN L U I S O B I S P O FROM: Bill Statler, Director of Finance& Information Technology Steve Schmidt, Information Technology Manager SUBJECT: DISPATCH CENTER/FIRE STORAGE FACILITY PROJECT AGREEMENTS RECOMMENDATION Authorize the City Manager to execute agreement actions for design and engineering services related to the Dispatch Center/Fire Storage Facility project as follows: 1. Amendment No. 9 to the design services agreement with RRM Design Group for expanded design and construction coordination and oversight services in the amount of$93,600. 2. Construction materials inspection and testing services agreement with Earth Systems Pacific in an amount not to exceed $131,710. DISCUSSION Overview This report seeks Council authorization to take two agreement actions necessary for the timely and successful completion of this long-awaited project. 1. Amend RRM Design Group's agreement to reflect the current expanded design and engineering, as well as construction oversight services, and the related compensation for those services in the amount of$93,600, for a revised maximum compensation of$493,150. The need for this amendment and the project history are discussed in the background section below. 2. Approve construction materials inspection testing services agreement with Earth Systems Pacific in amount not to exceed $131,710. Earth Systems Pacific provided the analysis for the design of the project and has been pre-qualified for these services through the City Public Works on-call contract program. In both cases, the need for these services was anticipated in the project budget, and as such, no budget action is required to fund this work. However, the size of the agreement actions exceeds the City Manager's purchasing authority. Accordingly, Council approval is required. RRM Design Group: Architectural and Engineering Services The Good News: Carroll Building Company of San Luis Obispo was awarded the construction contract for the public safety and communications and emergency operation center, and fire equipment building in the amount of$3,495,676 on November 20, 2008. This bid amount was Cil - 1 Dispatch Center/Fire Storage Facility Project Agreements Page 2 significantly under the engineer's estimate. On January 5, 2009, the contractor was given the Notice to Proceed. On March 3, 2009, Council authorized the bond financing and final project budget. Construction is estimated to take ten to 12 months. On the Other Hand: Originally, this project was a quick wiring, computer and furnishings remodel of the current dispatch center at the Police Station on Walnut. Or, as an alternative, staff considered relocating the new dispatch center to the building adjacent to the Police Station. But upon closer evaluation, it was evident that those ideas could not ideally meet the space needs for the expected technology and staffing and certainly did not provide for future expansion. Staff considered including the dispatch center at the Corporation Yard, or as part of the City Hall remodel, but neither of those options was a good fit for the long-term needs of the strategic public safety communications and emergency operations center. As a result, in April 2007, Council approved a plan to build a new building adjacent to Fire Station 1 to house the new public safety communications and emergency operations center. This decision was optimum for addressing technology, expansion and emergency needs, but it did require additional design services. The approved site takes out an existing parking area, which required the addition of a new parking area and a related grading/soils analysis. To provide needed storage for the Fire Department, the project was expanded to include the construction of a new storage facility. In completing the redesign and seeking a building permit to construct the new buildings, RRM Design Group dealt with some off-site storm drainage issues and well as coordinated with a neighboring development. All of these issues increased RRM Design Group's work scope and service level; therefore, staff is recommending approval of their request. Summary of Amendment 9 Work Scope and Service Level Changes Current Compensation Amendments 1 8 $399,550 Ex anded Service.Ariiend`ment:9 andAdditional,Com ensation Additional work to obtain a building permit -Resolve off-site storm drainage issues north of Emily Street, along the abandoned South street and on the existing vacant lot immediately adjacent to existing Fire Station #1 site. $10,000 Additional work to coordinate, mitigate and implement off site improvement issues -Evaluate, coordinate, mitigate and implement strategies to coordinate with construction issues and impacts of neighboring roject. $49,500 Additional work during construction administration phase -Coordinate with the contractor, Fire Department and Fire Department's Architect for revisions to the storage building associated with addition of a historic masonry facade. -Ensure compliance with Essential Services building requirements. $34,100 .. .-- Amend menfNo.9 Total "" $93;60Revised Total Compensation $493,150 Earth Systems Pacific: Construction Materials Inspection and Testing Services Earth Systems Pacific was the sub-consultant for the development of the soils engineering design and specifications for the dispatch center. The Public Works Department has pre-approved a list of contractors, which includes Earth Systems Pacific, through their "on-call service contracts." The Public Works Department completed the formal bid process before placing contractors on Cl/ - C?- Dispatch Center/Fire Storage Facility Project Agreements Page 3 this list. Staff recommends continuing with Earth Systems Pacific for the all required project materials and soils testing and reporting as they provided the initial analysis for project design and have been pre-qualified by the City's on-call process. Service Dispatch Storage Antenna Center Building Tower -Grading Observation and Compaction Testing $ 7,670.00 $2,675.00 $ 805.00 Rebar Sampling and Testing 2,460.00 670.00 502.50 Concrete Sampling and Testing for Foundation and Slabs on Grade 8,790.00 2,295.00 1,405.00 Masonry Placement Inspection, Batch Plant Inspection and Block Testing 71,470.00 Glue-Laminated Beam Fabrication Inspection 1,500.00 Epoxy Anchor Inspection/Testing 1,057.50 470.00 Structural Steel Testing 1,850.00 10,820.00 11,280.00 Roof Tile Sampling and Testing 1,305.00 Project Management; Report Preparation and Final Affidavits 2,925.00 1 880.00 880.00 Total Compensation 4 Building Structure $99,027.50 $17,810.00 $14,872.50 Total Compensation for All Services $131,710.00 FISCAL IMPACT As noted above, the need for these services was anticipated in the project budget, and as such, no budget action is required to fund this work. CONCURRENCES The project team, which consists of representatives from Police, Fire, Public Works, Community Development and Information Technology, concurs with this recommendation. ALTERNATIVES Given past Council approvals and work underway, there are no viable alternatives to the recommended actions. ATTACHMENTS 1. Agreement Amendment No. 9: RRM Design Group 2. Agreement: Earth Systems Pacific G:Information Technology/Information Technology Division/Dispatch Center/CAR-4-7 C11 -3 i Attachment 1 AMENDMENT NO. 9 TO AGREEMENT THIS AMENDMENT TO AGREEMENT is made and entered into in the City of San Luis Obispo on April 7,2009,by and between the CITY OF SAN LUIS OBISPO,a municipal corporation,hereinafter referred to as City, and RRM Design Group,hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on June 22, 2004 the City entered into an Agreement with Contractor for Design Services for the Public Safety Communications and Emergency Operations Center Project(90223). WHEREAS, the City desires to amend the scope of services to include changes outlined in the three Additional Services Authorizations each dated January 20,2009. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. The scope of services and related compensation are hereby amended as set forth in Attachment I attached hereto (Statements of Additional Services), resulting in amended compensation of$93,600 and a revised total compensation not to exceed$493,150. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO By: Audrey Hooper, City Clerk Ken Hampian,City Manager APPROVED AS TO FORM: CONTRACTOR By: Jonathan P. Lowell,City Attorney RRM Design Group Cl1-`f Attachment 1 rrmdesigngroup creating environments people enjoy' Additional Services Authorization Client: City of San Luis Obispo Task ID No.: Project: San Luis Obispo Dispatch Center Date: January 20, 2009 Work requested by: Steve Schmidt Job No.:1004514 Request received by: Candice Wong Date received: o Verbal o Letter o Marked Prints o Other o Client authorization required o Included in contract, authorization not required o Verbal authorization received Expended Hours RRM Civil $8,000 RRM Architecture $2,000 Total $10,000 o Non-chargeable X Hourly o Fixed Fee o Other Description of Work to be Performed RRM was requested by the City of San Luis Obispo Public Works Department to perform additional work in order to obtain a building permit for the Dispatch project. The work requested was to resolve off-site storm drainage issues north of Emily Street, along the abandoned South Street and on the existing vacant lot immediately adjacent to the existing Fire Station #1 site. The following is a description of tasks we are currently performing and anticipated. 1. Off site storm water issues and resolution. 2. Off site storm water drainage calculations (Emily Street, South Street and beyond). 3. Additional meetings with City Public Works Department personnel. Meetings occurred on June 6th and 20th and July 2nd, 9th, and 23rd. 4. Response to third and fourth round plan check comments from Public Works received on June 6, 2008 and July 22, 2008. Expended RRM Additional Service Fees: $ 10,000 Expended Other Additional Fees: $ 0 Total Estimated Additional Fees $ 10,000 I hereby authorize the above work to be performed By: Date: Client Signature Please sign and return original so that we may proceed with the above work. COMMUNITY I PUBLIC SAFETY I RECREATION(EDUCATION I URBAN ARCHrrECTS I ENGINEERS I LANDSCAPE ARCHITECTS I PLANNERS I SURVEYORS A CeMmtle CapwdwI V1dw Mm*ffWy,AmNledMC11090I Jmy MMl W.MEMO,LSOW6 I JdIFa2x,LAM" Attachment l rrmdesigngroup creating environments people enjoy' Additional Services Authorization Client: City of San Luis Obispo Task ID No.: Project: San Luis Obispo Dispatch Center Date: January 20, 2009 Work requested by: Steve Schmidt job No.J 004514 Request received by: Candice Wong Date received: o Verbal o Letter o Marked Prints o Other o Client authorization required o Included in contract, authorization not required o Verbal authorization received Expended Hours RRM Civil $9,000 Structural $4,000 Electrical $4,000 RRM Architecture $12.000 Total $29,000 o Non-chargeable X Hourly o Fixed Fee o Other Description of Work to be Performed RRM was awarded $23,000 to assist the City in coordination, mitigation, and implement off site improvement issues as they relate and affect the Dispatch Project. As of June 2008, RRM expended the awarded fees. Since June 2008, RRM has continued to perform off site coordination services without additional compensation.We are now requesting compensation for expended time and are requesting additional compensation to continue performing off site coordination work through the construction phase. The following is a description of tasks RRM and our consultant team has performed. OFF-SITE IMPROVEMENTS COORDINATION AND MEETINGS At the request of the City, RRM assisted with the evaluation, coordination, mitigation, and implementation of potential construction issues and impacts in relation to the off-site and on-site improvements anticipated for a neighboring project. 1. Meetings with neighboring property owner to discuss off-site and on-site improvement issues. 2. Meetings with the City to discuss off-site and on-site improvement issues 3. Meeting with City and Planning Department on June 25, 2008 to discuss south street site wall. 4. Meeting with City and Public Works on July 2, 2008 to review off-site improvements S. Meeting with City Public Works on July 7, 2008 to review off-site improvements 6. Internal coordination meeting on July 24, 2008 to prepare for City meeting with Villages 7. Meeting on July 30, 2008 with City team to discuss site coordination issues and impacts with Villages project. COMMUNITY I PUBLIC SAFETY I RECREATION I EDUCATION I URBAN ARCHIrECTSIENGINEERS ILANDSCAPE ARCNRECTSIPLANNERS ISURMORS A CAA do Capmdan I VMa Mrd9=MArtWW#C1I=Ik^1'Ud.W,RCE 9W%..LS66276 I Jd Fahr.LAP7844 Attachment 1 8. Meeting on August 14, 201..with Villages developer team and City it.-n to discuss site coordination issues. ABANDONMENT OF EXISTING UTILITIES COORDINATION AND MEETINGS 1. Relocation of existing underground dry and wet utilities. Coordination and meetings with utility companies to obtain abandonment agreements. RRM has been working with The Gas Company to prepare applications and pay fees for abandonment. 2. Relocation of existing overhead utilities. Coordination and meetings with utility companies to obtain abandonment agreements. RRM places regular phone calls every week into PG&E to keep updated on their progress. This item is still ongoing with PG&E. Formal meetings occurred on • Meeting on September 3,2008 • Meeting on October 3, 2008 • Meeting on December 17, 2008 SOUTH STREET COORDINATION AND MEETINGS 1. Redesign and adjustment of the structural design and calculations due to increased height of the masonry screen wall. Proposed finish grade elevation on the neighboring property required the design of the masonry wall to be increased. 2. Coordination with City Planning Department on potential impacts to the existing entitlement and. approvals for the Dispatch Project. 3. Meeting with City Planning Department on June 5, 2008 to review design of site wall and potential changes due to adjacent site. 4. RRM will be require the preparation of exhibits and submittal to the Planning Department for approval for the re-design of the site wall. Expended RRM Additional Service Fees: $ 29.000 Estimated RRM Additional Service Fees: $ 20.000 Estimated Other Additional Fees: $ 500 Total Estimated Additional Fees $ 49.500 1 hereby authorize the above work to be performed By: Date: Client Signature Please sign and return original so that we may proceed with the above work. COMMUNITY I PUBLIC SAFETY I RECREATION I EDUCATION I URBAN I I ARCHITECTS IENGINEERS ILANDSCAPE ARCHRECTSIPLANNERS ISURVEYORS A Caftrb CQVXMM IW«Mummy,ArOted ID90I JM hhchW.RCE MM LS 16M MFOW.LA@eu Attachment 1 rrmdesigngroup creating environments people enjoy' Additional Services Authorization Client: City of San Luis Obispo Task ID No.: Project: San Luis Obispo Disoatch Center Date: January 20, 2009 Work requested by: Steve Schmidt Job No.:1004514 Request received by: Candice Wong Date received: o Verbal o Letter o Marked Prints o Other o Client authorization required o Included in contract, authorization not required o Verbal authorization received Estimated Hours o Non-chargeable X Hourly o Fixed Fee o Other Description of Work to be Performed RRM requests additional compensation for Construction Administration services due to an increase in the scope of services from the original contract scope. The following is a description of additional tasks to be performed: STORAGE BUILDING FACADE COORDINATION Coordination with the Contractor, Fire Department and Fire Department's Architect for revisions to the. Storage Building associated with addition of a historic masonry fa4ade to be constructed in the future. Estimated fee. 10 hours COSI IO/hr=$7,700 CONTRACTOR INEXPERIENCE WITH ESSENTIAL SERVICE FACILITIES Due to the General Contractor's inexperience with the requirements of an Essential Services projects, RRM expects to spend an increased amount of time performing construction administration activities than originally anticipated when the fees were prepared in 2004. RRM was originally awarded $38,456 for the bidding and construction administration phase. RRM's portion of that fee for architectural services is $29,000. This allows for roughly 6.5 billable hours per week for 10 months construction duration. Since construction commenced on January 5,2009, we are expending an average of 20 billable hours per week.This is directly due to the increase in oversight and attention required to ensure the project remains on track and on schedule. Some examples of the additional time requirements that include: • Job site Meetings. Our original contract was based on attending construction meetings once every two weeks. We have now been requested to attend job meetings on a weekly basis to ensure that the Contractor's many issues and questions are addressed in a timely manner. We anticipate that we will need to continue attending weekly job site meetings for the first two months of construction. COMMUNITY I PUBLIC SAFETY I RECREATION I EDUCATION I URBAN ARCHIrECrSIENGINEERS ILANDSCAPE ARCHRECTSIPLANNERS ISURVEYORS A CWmYa Capnfim lila MaWW..kddW 0011060 I Jm Michail.RCE MOS..L$061161✓a11FaNa,LAN2841 l t Attachment 1 • Submittal Review., We expect an increase in time required to review submittals due to Contractor's incomplete or inadequate submittals. Already we have had to reject 5 of 9 submittals due to incomplete information. As a result, we will need to spend extra time reviewing and marking up inadequate submittals 2 or 3 times instead of a complete submittal just once. • Requests for Informadon(RFI's).- Due RFI's).Due to the Contractor's inexperience with an essential services projects, there will be an increase in the amount of time spent addressing questions that a more experienced contractor would not need to ask. For instance, we have already received many RFI's regarding the Fire Alarm system that make apparent they do not understand that this is a deferred approval item and that they are responsible for developing the required drawings and details needed to gain agency approval. Also, many of the RFI's asked concerning the initial site work were matters of construction means and methods that it is the responsibility of the Contractor to resolve, and not the designers. Estimated fee:300 hours(PS770/hr= $33,000 Estimated RRM Additional Service Fees: $ 34.100 Estimated Other Additional Fees: $ 0 Total Estimated Additional Fees $ 34.100 I hereby authorize the above work to be performed By: Date: Client Signature Please sign and return original so that we may proceed with the above work. COMMUNITY I PUBLIC SAFETY I RECREATION I EDUCATION I URBAN Q AkHn=I ENGINEERS I LANDSCAPE A MiftMS I PLANNERS I MkYORS ACa WbWwaibn IVIM Wrepray,AF&Ae SMINOI JQq WOW,RCE QW,,LSOM I A ff Fwbw,LA NM" 1 Attachment 2 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on April ,2009,by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Earth Systems Pacific,hereinafter referred to as Contractor. WITNESSETH: WHEREAS, Contractor has been been pre-qualified for soils and materials testing based on the City's on-call service process. WHEREAS, Contractor submitted a proposal that was accepted by City for soils and materials testing for the Public Safety Communications and Emergency Operations Center project(90223). NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services as outlined in the attached proposal(Exhibit A). 2. INCORPORATION BY REFERENCE. Contractor's proposals dated September 16, 2008, September 17, 2008 and September 17, 2008 (shown as Exhibit A), and Agreement for Testing of Construction Materials Services — Specification No. 50410.7227.06D Terms (Exhibit B) are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in the Exhibit A to this Agreement,City will pay and Contractor shall receive therefor compensation not to exceed$131,710. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and Exhibit A. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Finance and Information Technology Director of the City. Attachment 2 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor Name Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each parry is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO By: Audrey Hooper,City Clerk Ken Hampian,City Administrative Officer APPROVED AS TO FORM: CONTRACTOR By: Jonathan P. Lowell,City Attorney Fred J. Potthast,G. E.,Vice President Earth Systems Pacific CII - 11 Attachment 2 Exhibit A 4378 Old Santa Fe Road Earth Systems Pacific San Luis Obispo, CA 93401-8116 �. (805) 544-3276 • FAX (805) 544-1786 September 16, 2008 E-mail: esc@earthsys.com Mr. Steve Schmidt, Information Technology Manager City of San Luis Obispo, FIT 990 Palm Street San Luis Obispo, CA 93401 PROJECT: NEW DISPATCH CENTER CITY OF SAN LUIS OBISPO 1135 ROUNDHOUSE ROAD SAN LUIS OBISPO, CALIFORNIA SUBJECT: Revised Proposal to Provide Construction Material Inspection and Testing Services for Structure and Sitework Improvements REF: 1) Project Plans for New Dispatch Center, City of San Luis Obispo, 1135 Roundhouse Road, San Luis Obispo, California, by RRM Design Group, dated August 1, 2008 2) Soils Engineering Report, Public Safety Dispatch Center, San Luis Obispo, California, by Earth Systems Pacific, Doc. No. 0512-080.SER, dated December 14, 2005 Dear Mr. Schmidt: As requested during a recent meeting with Marcia Walther, Construction Manager; this revised proposal to provide observation, testing and inspection services for various construction materials has been prepared for this project, which is planned to begin later this year. This proposal has been revised from a previous version in 2007 that was based on 75% Construction Documents. Our firm is most qualified to provide these services, as we provided the soils engineering report that was used in the design, and our personnel also provided both soils engineering and materials testing services during construction for the adjacent Fire Station No. 1. The project will consist of a single-story building of approximately 3,000 square feet, and associated flatwork, landscaping, and utility connections. The structure will be of masonry construction, with wood trusses and steel columns. The foundation system will consist of conventional continuous and spread foundations, and concrete slabs-on-grade. This proposal is for services associated with the structure and sitework improvements; services associated with the antenna tower and the storage building are covered under separate proposals. Our proposed scope of work was based upon a review of the above-referenced plans, our understanding of our expected duties, our experience with similar projects, and our recent conversations with Ms. Walther. . It is important to note that, as we can not control the construction process, the contractor's time frames, or the contractor's fabrication shops, our services must be provided on a time and materials basis. We have assumed that this projectis subject to the State of California Prevailing Wage (P.W.) law; we are unaware of any DVBE or other special requirements for our services. We have also assumed that the City of San Luis Obispo will engage Ms. Walther's services separately as the overall Project Inspector(PI). J ` l I Attachment 2 Exhibit A 91ty of San Luis Obispo 2 September 16, 2008 The scope of work addressed in this proposal is for observation and compaction testing during excavation and backfill operations for the structure, utility lines and flatwork. We also propose to provide inspection and/or testing services during the following: sampling of concrete during. placement for the structure and the perimeterwall foundations and slabs-on-grade, shop and field welding of structural steel members, shop fabrication of wood products, inspection of masonry construction, and installation of anchor bolts. Laboratory testing and report preparation associated with these services will also be provided. We have assumed that the project civil engineer will provide CAD files of applicable site plans for our use in preparing compaction reports. Our anticipated scope of services and estimated costs are as follows: I. Grading Observation and Compaction Testing Provide observation and compaction testing services for .grading of the building and flatwork areas, backfill of utility lines, and repair of existing asphalt concrete pavement, as well as observation of foundation excavations for the structure and the perimeter walls prior to concrete placement. Project management for site visits and report preparation has been included. Field technician 40 hrs. @ $92.50/hr. $3,700.00 Nuclear density tests 110 tests @ $10.00/ea. 1,100.00 Maximum density/optimum moisture tests 6 tests @ $170.00/ea. 1,020.00 Senior Engineer, Site Visits, Project Mgmt. and Report Writing 10 hrs. @ $125.00/hr. 1,250.00 Technician,Drafting (Non P.W.) 10 hrs. @ $60.00/hr. 600.00 Subtotal,Grading Observation and Compaction Testing $7,670.00 II. Rebar Sampling and Testing Assumes that all mbar for concrete and masonry will be unidentified, and will be sampled at the site on six separate visits. Assumes that reinforcing steel for flatwork will not be tested, and that all rebar will be No. 9 size or smaller. If reinforcing steel is fabricated off site where a subcontract inspection service can or must be utilized,and plant sampling and testing is requested, the subcontract services (including mileage if applicable) will be invoiced at cost plus 15 percent. Sampling Rebar 12 hrs. @ $92.50/hr.. $1,110.00 Rebar Tensile&Bend Tests 18 tests @ $75.00/ea. 1,350.00 Subtotal,Rebar Sampling and Testing $29460.00 M. Concrete Sampling and Testing for Foundations and Slabs-on-Grade Provide sampling of reinforced structural concrete and cast compressive strength specimens for structure and perimeter wall foundations and slabs-on-grade, and pick-up, cure, and test samples for compressive strength. Assumes that the Project Inspector will inspect all reinforcement prior to concrete placement and all concrete during placement. Attachment 2 Exhibit A 1411�Ik Nrtvy of San Luis Obispo 3 September 16, 2008 Also assumes batch plant inspection will be required, and that concrete will be supplied from San Luis Obispo. Assumes 6 placements total for structural concrete, with an average of 6 hours billable time for both on-site and batch plants, with no weekend sample pick-. ups. Assumes concrete for sitework (sidewalks, curb and gutter, etc.) will not be tested. Assumes that concrete mix designs and aggregate tests will be provided by the supplier, however the designs will be reviewed by our personnel.. Also provide moisture vapor transmission tests on two occasions (Vaprecision test kits)prior to placement of flooring. Senior Engineer, Concrete Mix Design Review 2 hrs. @ $125.00/hr. $250.00 Batch Plant Inspection . 36 hrs. @ $92.50/hr. 3,330.00 Concrete Sampling 36 hrs. @ $92.50/hr. 3,330.00 Concrete Sample Pick-ups (Non P.W.) 6 pick-ups at 1 hr./ea. @ $60.00/hr. 360.00 Concrete Compression tests 8 sets @ 4/set @ $25.00/ea 800.00 Staff Engineer—Set and Pick Up Vaprecision Test Kits 6 hrs. @ $95.00/hr. 570.00 Vaprecision Kits 6 tests @ $25.00/ea. 150.00 Subtotal, Concrete Sampling and Testing $8,790.00 IV. Masonry Placement Inspection,Batch Plant Inspection and Block Testing Sample and test 5 sets of concrete masonry units per ASTM C-140, and tag pallets for identification at the site. Assumes masonry will be supplied at Air-Vol Block in San Luis Obispo. Provide continuous inspection during placement of masonry units, reinforcing steel placement and grouting for an assumed 14 weeks (70 days) of construction for the CMU structure and sitework walls. Cast, pick-up, cure, and test grout and mortar samples for determination of specified compressive strength (f'm) by the unit strength method. Also provide coring, compression and shear testing of cores on completed masonry. Assumes that batch plant inspection for grout will be required, and that grout will be placed on 17 occasions from a plant in San Luis Obispo. Assumes that a minimum of 5 masons will be utilized at all times, and that masonry and grout placement will be limited to 4-foot lifts. Assumes miscellaneous sample pick-ups on 6 occasions (non weekend) when an inspector may not be on the site. Grout mix design and aggregate tests are to be provided by the supplier, however the designs will be reviewed by our personnel. The cost for coring of the completed masonry is an estimate only based on an assumption of the number of cores that will be secured during each site visit by a subcontract coring company; the actual amount to be invoiced will be at cost plus 15 percent. Senior Engineer, Grout Mix Design Review 2 hr. @ $125.00/hr. $250.00 Sample and Tag Block 10 hrs. @ $92.50/hr. 925.00 Block Tests Per C-140 5 sets @ $530.00/set 2,650.00 Attachment 2 Exhibit A ire `ity of San Luis Obispo 4 September 16, 2008 Placement Inspection 560 hrs. @ $92.50/hr. 51,800.00 Batch Plant Inspection 102 hrs. @ $92.50/hr. 9,435.00 Sample Pick-ups (Non P.W.) 6 pick-ups at 1 hr./ea. @ $60.00/hr. 360.00 Mortar Compression tests .26 sets @ 3/set @ $25.00/ea 1,950.00 Grout Compression tests 23 sets @ 4/set @ $25.00/ea 2,300.00 Masonry Coring 5 ea. @ $250.00/ea. 1,250.00 Core Compression 5 ea. @ $40.00/ea. 200.00 Core Shear 5 ea. @ $70.00/ea. 350.00 Subtotal, Masonry Inspection and Testing $719470.00 V. Glue-Laminated Beam Fabrication Inspection This service will be suhoontracted..to_Forest_Products_Inspection__(FPI)_of_Kelse jville,_. California, at cost plus 15 percent. At this time, we have no indication where the wood products will be fabricated. FPI has inspectors based in the cities of Oregon and California where four of the five major fabricators are located (Standard Structures, Riddle, Duco- Lam, and Willamett). If the wood products are fabricated at one of these manufacturers, there will be no travel charges. If the beams are fabricated at some other location, there will be travel costs in addition to the inspection time. The following cost allowance is based on our experience with similar projects. The actual amount invoiced will be based on the location of the fabricator and the time to complete the project. We have assumed that TH trusses will be produced at an approved fabricator, therefore no shop inspection will be required for these elements. Subtotal,Glue-Laminated Beam Fabrication Inspection $1,500.00 VI. Epoxy Anchor Inspection/Testing Provide torque and/or tension testing of epoxied anchor bolts for the structure and the generator anchorages during an estimated three visits to the site. Assumes that the PI will provide inspection of anchor bolt installation. Anchor Inspection/Testing 9 hrs. @ $92.50/hr. $832.50 Torque/Tension Equipment 9 hrs. @ $25.00/hr. 225.00 Subtotal,Epoxy Anchor Inspection/Testing $17057.50 VII. Structural Steel Inspection Constant visual inspection of shop welding is to be provided for structural steel. We have assumed structural steel will be fully identifiable during shop inspections, therefore no sampling or testing of structural steel will be needed. We have assumed that the structural steel will be fabricated within 1 hour travel time of our main office in San Luis Obispo. If structural steel is fabricated such that additional travel time is needed, travel will be charged at the hourly rate noted and mileage will be charged from San Luis Obispo at $0.85 per mile. If structural steel is fabricated in a location where a subcontract inspection Attachment 2 Exhibit A `rty of San Luis Obispo 5 September 16, 2008 service can or must be utilized, the subcontract services (including mileage if applicable) will be invoiced at cost plus 15 percent. Shop Welding Visual Inspection 12 hrs. @ $92.50/hr. $1,110.00 Field Welding Visual Inspection and Bolting Inspection 8 hrs. @ $92.50/hr. 740.00 Subtotal, Structural Steel Inspection $1,850.00 VIII.Roof Tile Sampling and Testing Provide compression and absorption testing of roof tiles. Assumes all tiles will be sampled from the site or a storage yard in San Luis Obispo during a single visit. Sample and Tag Tile 6 hrs. @ $92.50/hr. 555.00 Tile Compression, 2 sets 2 tests @ $150.00/ea. 300.00 Tile Absorption, 2 sets, plus Accessory Tiles only 3 tests @ $150.00/ea. 450.00 Subtotal, Roof Tile Sampling and Testing $19305.00 IX. Project Management,Report Preparation and Final Affidavits Staff Engineer 15 hrs. @ $95.00/hr. $1,425.00 Senior Engineer 12 hrs. @ $125.00/hr. 1,500.00 Subtotal, Proj.Mgmt./Report Prep./Final Affidavits $2,925.00 ESTIMATED TOTAL $99oO27.5Q CONDITIONS Our technicians and inspectors will attempt, wherever reasonable, to combine inspections or test multiple areas during site visits, in order to keep the final bill as low as practicable. The presence of our personnel at the site will depend upon the contractor's schedule, the progress of the work, and notification by the project inspector, therefore the fees presented above are to be considered as estimates only, and shall not be construed as guaranteed maximum fees. The invoices will reflect the actual amount of time spent and service performed, and may be greater or less than the estimated amounts. A summary will be provided with each invoice to allow the client to track costs and budget amounts remaining for our services. All field inspections and other site visits (except sample pick-ups) will be subject to a 2-hour minimum charge per day, billed in 1-hour increments. Sample pick-ups on Monday through Friday will be charged 1 hour per visit; sample pick-ups on Saturday, Sunday and Holidays will be charged 2 hours per visit. _ Attachment 2 Exhibit A `ity of San Luis Obispo 6 September 16, 2008 This proposal is based on services provided during regular working hours (0700 to 1700), Monday through Friday. Services provided between 1700 and 0700 on Monday through Friday, and all day Saturday, will be subject to a Prevailing Wage (PW) overtime rate for technicians and inspectors of $115.00 per hour. Services provided on Sundays and Holidays will be subject to a PW double time rate for technicians and inspectors of $130.00 per hour. The non-PW rate for sample pick-up is $60.00/hour for regular time, $90.00/hour for overtime, and $120.00/hour for double time. Services provided beyond San Luis Obispo will be subject to a mileage surcharge of $0.85/mile. The client or client's agent is to supply latest plans and specifications, and notify us of any changes pertinent to the performance of testing and observations. The Project Inspector is responsible for contacting this firm when testing services are required, and for providing adequate notice for inspection of out-of-town fabrication. Earth Systems Pacific will test or inspect at locations deemed appropriate to provide the client with information regarding the acceptability of the tested areas. Previously failed areas may be retested or reinspected after rework, if required. Charges for retests or reinspections due to failing results or improper work, or when tests or inspections are requested but the contractor is not ready and does not cancel scheduled testing or inspection, are not included in the estimate and will be billed at the rates listed previously. This firm shall not be responsible for backcharging contractors for retests or re-inspections. We understand that this estimate will be utilized for preliminary cost estimating purposes only, and that a revised proposal will be requested when the plans are finalized. The revised proposal will be based on the fee schedule in effect at the time of the proposal. Thank you for your consideration of our firm for this project. If you have any questions or require additional information, please contact the undersigned at your convenience. Sincerely, Earth Systems Pacific Fred J. Potthast, G.E. Vice President Attachments: Work Order Terms Copy to: Ms.Marcia Walther,Construction Manager Doc.No.: 0809-063.PRP/ab Attachment 2 Exhibit A 4378 Old Santa Fe Road Earth Systems Pacific San Luis Obispo, CA 93401-8116 d. (805) 544-3276 • FAX (805) 544-1786 E-mail: esc@earthsys.com September 17, 2008 Mr. Steve Schmidt, Information Technology Manager City of San Luis Obispo, FIT 990 Palm Street San Luis Obispo, CA 93401 PROJECT: NEW DISPATCH CENTER— STORAGE BUILDING (ADD. ALT. A) CITY OF SAN LUIS OBISPO 1135 ROUNDHOUSE ROAD SAN LUIS OBISPO, CALIFORNIA SUBJECT: Proposal to Provide Construction Material Inspection and Testing Services for the Storage Building REF: 1) Project Plans for New Dispatch Center, City of San Luis Obispo, 1135 Roundhouse Road, San Luis Obispo, California, by RRM Design Group, dated August 1, 2008 2) Soils Engineering Report, City of San Luis Obispo — Fire Station #1, New Storage Building, San Luis Obispo, California,by Earth Systems Pacific,Doc. No. 0704-125.SER, dated April 24, 2007 Dear Mr. Schmidt: As requested during a recent meeting with Marcia Walther, Construction Manager, this proposal to provide observation, testing and inspection services has been prepared for this project, which is planned to begin later this year in conjunction with the new Dispatch Center. The Storage Building is to be designed and furnished by the supplier, based on the parameters indicated in the referenced project plans. Our firm is most qualified to provide these services, as we provided the soils engineering report that will be used in the design. The project will consist of a single-story metal building of approximately 2,900 square feet, constructed on the south side of the existing fire station building. The foundation system is anticipated to consist of conventional continuous and spread foundations, and concrete slabs-on-grade. This proposal is for services associated with the Storage Building only; services associated with the Dispatch Center and the Antenna Tower are covered under separate proposals. Our proposed scope of work was based upon our understanding of our expected duties, our experience with similar projects, and our recent conversations with Ms. Walther. As the structure is not designed at this time, the special inspection requirements and the location of shop fabrication are unknown, multiple assumptions were made in the development of this proposal. It is important to note that, as we can not control the construction process, the .contractor's time frames, or the contractor's fabrication shops, our services must be provided on a time and materials basis. We have assumed that this project is subject to the State of California Prevailing Wage (P.W.) law; we are unaware of any . DVBE or other special requirements for our services. We have also assumed that the City of San Luis Obispo will engage Ms. Walther's services separately as the overall Project Inspector(PI). Attachment 2 Exhibit A City of San Luis Obispo—New Dispatch Center 2 September 17, 2008 Storage Building(Add. Alt. A) The scope of work addressed in this proposal is for observation and compaction testing during earthwork operations for the building area, utility trench backfill and surrounding flatwork. We also propose to provide inspection and/or testing services during the following: sampling of concrete during placement for the structure, direct tension testing of expansion/epoxy anchors, and shop and field welding and bolting of structural steel members. Laboratory testing and report preparation associated with these services will also be provided. We have assumed that the project civil engineer will provide CAD files of applicable site plans for our use in preparing compaction reports. Our anticipated scope of services and estimated costs are as follows: I. Grading Observation and Compaction Testing Provide observation and compaction testing services for grading of the building and flatwork areas, backfill of utility lines, and observation of foundation excavations for the structure. Project management for site visits and report preparation has been included. Field technician 16 hrs. @ $92.50/hr. $1,480.00 Nuclear.density tests 30 tests @ $10.00/ea. 300.00 Maximum density/optimum moisture tests 2 tests @ $170.0,,0/ea. 340.00 Senior Engineer, Site Visits, Project Mgmt. and Report Writing 3 hrs. @ $125.00/hr. 375.00 Technician, Drafting(Non P.W.) 3 hrs. @ $60.00/hr. 180.00 Subtotal, Grading Observation and Compaction Testing $27675.00 II. Rebar Sampling and Testing Assumes that all rebar for concrete will be unidentified, and will be sampled at the site on 2 separate visits. Assumes that reinforcing steel for flatwork will not be tested, and that all rebar will be No. 9 size or smaller. If reinforcing steel is fabricated off site where a subcontract inspection service can or must be utilized, and plant sampling and testing is requested, the subcontract services (including mileage if applicable) will be invoiced at cost plus 15 percent. Sampling Rebar 4 hrs. @ $92.50/hr. $370.00 Rebar Tensile & Bend Tests 4 tests @ $75.00/ea. 300.00 Subtotal,Rebar Sampling and Testing $670.00 M. Concrete Sampling and Testing for Foundations and Slabs-on-Grade Provide sampling of reinforced structural concrete and cast compressive strength specimens for structure foundations and slabs-on-grade, and pick up, cure, and test samples for compressive strength. Assumes that the Project Inspector will inspect all reinforcement prior to concrete placement and all concrete during placement. Also assumes batch plant inspection will be required, and that concrete will be supplied from San Luis Obispo. Assumes 2 placements total for structural concrete, with an average of 5 hours billable time for both on-site and batch plants, with no weekend sample pick ups. Assumes concrete for sitework (sidewalks, curb and gutter, ell -r1 Attachment 2 i Exhibit A City of San Luis Obispo—New Dispatch Center 3 September 17, 2008 Storage Building (Add. Alt. A) etc.) will not be tested. Assumes that concrete mix designs and aggregate tests will be provided by the supplier, however the designs will be reviewed by our personnel. Senior Engineer, Concrete Mix Design Review 1 hr. @ $125.00/hr. $125.00 Batch Plant Inspection 10 hrs. @ $92.50/hr. 925.00 Concrete Sampling 10 hrs. @ $92.50/hr. 925.00 Concrete Sample Pick-ups (Non P.W.) 2 pick-ups at 1 hr./ea. @ $60.00/hr. 120.00 Concrete Compression tests 2 sets @ 4/set @ $25.00/ea 200.00 Subtotal, Concrete Sampling and Testing $2,295.00 VI. Epoxy Anchor Inspection/Testing Provide torque and/or tension testing of epoxied anchor bolts on 1 visit to the site. Assumes that the PI will provide inspection of anchor bolt installation. Anchor Inspection/Testing 4 hrs. @ $92.50/hr. $370.00 Torque/Tension Equipment 4 hrs. @ $25.00/hr. 100.00 Subtotal,Epoxy Anchor Inspection/Testing $470.00 VII. Structural Steel Inspection Constant visual inspection of shop welding for structural steel is assumed. We have assumed structural steel will be fully identifiable during shop inspections, therefore no sampling or testing of structural steel will be needed. We have assumed that the structural steel will be fabricated within 1 hour travel time of our main office in San.Luis Obispo. If structural steel is fabricated such that additional travel time is needed, travel will be charged at the hourly rate noted and mileage will be charged from San Luis Obispo at $0.85 per mile. If structural steel is fabricated in a location where a subcontract inspection service can or must be utilized, the subcontract services (including mileage if applicable) will be invoiced at cost plus 15 percent. We have assumed that UT inspection of welds will not be required. Shop Welding Visual Inspection 80 hrs. @ $92.50/hr. $7,400.00 Field Welding Visual Inspection and Bolting Inspection 24 hrs. @ $92.50/hr. 27220.00 Torque/Tension Equipment 8 hrs. @ $25.00/hr. 200.00 Bolt assembly tests(tension,hardness and chemical) 2 sets @ $500.00/ea 1,000.00 Subtotal,Structural Steel Inspection $109820.00 Attachment 2 Exhibit A Alf4378 Old Santa Fe Road Earth Systems :Pacific San Luis Obispo, CA 93401-8116 (805) 544-3276 • FAX (805) 544-1786 September 17, 2008 E-mail: esc@earthsys.com Mr. Steve Schmidt; Information Technology Manager City of San Luis Obispo, FIT 990 Palm Street San Luis Obispo, CA 93401 PROJECT: NEW DISPATCH CENTER—ANTENNA TOWER CITY OF SAN LUIS OBISPO 1135 ROUNDHOUSE ROAD SAN LUIS OBISPO, CALIFORNIA SUBJECT: Proposal to Provide Construction Material Inspection and Testing Services for the Antenna Tower REF: 1) Project Plans for New Dispatch Center, City of San Luis Obispo, 1135 Roundhouse Road, San Luis Obispo, California, by RRM Design Group, dated August 1, 2008 2) Soils Engineering Report, Public Safety Dispatch Center, San Luis Obispo, California, by Earth Systems Pacific, Doc. No. 0512-080.SER, dated December 14, 2005 Dear Mr. Schmidt: -As requested during a recent meeting with Marcia Walther, Construction Manager, this proposal to provide observation, testing and inspection services has been prepared for this project, which is planned to begin later this year in conjunction with the new Dispatch Center. The Antenna Tower is to be designed and furnished by the supplier, based on the parameters indicated in the referenced project plans. Our firm is most qualified to provide these services, as we provided the soils engineering report that will be used in the design. The project will consist of a self-supporting tower to carry various whip, panel and microwave antennas. The tower will be designed for an eventual total height of 100 feet, however it will be initially constructed to only 80 feet. We anticipate that the antenna.will be constructed of tubular and/or structural steel, and will be supported by one or more deep foundations. This proposal is for services associated with the Antenna Tower only; services associated with the Dispatch Center and the Storage Building are covered under separate proposals. Our proposed scope of work was based upon our understanding of our expected duties, our experience with similar projects, and our recent conversations with Ms. Walther. As the structure is not designed at this time, the special inspection requirements and the location of shop fabrication are unknown, multiple assumptions were made in the development of this proposal.. It is important to note that, as we can not control the construction process, the contractor's time frames, or the contractor's fabrication shops, our services must be provided on a time and materials basis. We have assumed that this project is subject to the State of California Prevailing Wage (P.W.) law; we are unaware of any DVBE or other special requirements for our services. We have also assumed that the City of San Luis Obispo will engage Ms. Walther's services separately as the overall Project Inspector(PI). Attachment 2 Exhibit A % f San Luis Obispo—New Dispatch Center 2 September 17, 2008 Antenna Tower The scope of work addressed in this proposal is for compaction testing of utility trench backfill, and inspection and/or testing services during the following: drilling of deep foundations and placement of structural concrete, , and shop and field welding and bolting of structural steel members. Laboratory testing and report preparation associated with these services will also be provided. We have assumed that the project civil engineer will provide CAD files of applicable site plans for our use in preparing compaction reports. Our anticipated scope of services and estimated costs are as follows: I. Compaction Testing Provide compaction testing services during backfill of utility lines. Report preparation has been included. Field technician 4 hrs. @ $92.50/hr. $370.00 Nuclear density tests 8 tests @.$10.00/ea. 80.00 Maximum density/optimum moisture tests 1 test @ $170.00/ea. 170.00 Senior Engineer, Report Writing 1 hrs. @ $125.00/hr. 125.00 Technician, Drafting(Non P.W.) 1 hrs. @ $60.00/hr. 60.00 Subtotal, Compaction Testing $805.00 H. Rebar Sampling and Testing Assumes that all rebar for foundations will be unidentified, and will be sampled at the site on one visit Assumes that all rebar will be No. 9 size or smaller. If reinforcing steel is fabricated off site where a subcontract inspection service can or must be utilized; and plant sampling and testing is requested, the subcontract services (including mileage if applicable) will be invoiced at cost plus 15 percent. Sampling Rebar 3 hrs. @ $92.50/hr. $277.50 Rebar Tensile &Bend Tests 3 tests @ $75.00/ea 225.00 Subtotal, Rebar Sampling and Testing $502.50 III. Concrete Sampling and Testing for Deep Foundations Provide observation of excavations for deep foundations, and sampling of reinforced concrete. Assumes that the Project Inspector will inspect all reinforcement prior to concrete placement and all concrete during placement. Also assumes batch plant inspection will be required, and that concrete will be supplied from San Luis Obispo. Assumes one placement, with 4 hours of billable time, and no weekend sample pick up. Assumes that a concrete mix design and aggregate tests will be provided by the supplier, however the designs will be reviewed by our personnel. a�- Attachment 2 Exhibit A San Luis Obispo—New Dispatch Center 3 September 17, 2008 Antenna Tower Senior Engineer, Concrete Mix Design Review 1 hr. @ $125.00/hr. $125.00 Batch Plant Inspection 4 hrs. @ $92.50/hr. 370.00 Foundation Excavation Inspection 4 hrs. @ $95.00/hr. 380.00 Concrete Sampling 4 hrs. @ $92.50/hr. 370.00 Concrete Sample Pick-up (Non P.W.) 1 pick-ups at 1 hr./ea. @ $60.00/hr. 60.00 Concrete Compression tests I set @ 4/set @ $25.00/ea 100.00 Subtotal, Concrete Sampling and Testing $19405.00 VI. Structural Steel Inspection Constant visual inspection of shop welding for structural steel is assumed. We have assumed structural steel will be fully identifiable during shop inspections, therefore no sampling or testing of structural steel will be needed. We have assumed that the structural steel will be fabricated within 1 hour travel time of our main office in San Luis Obispo. If structural steel is fabricated such that additional travel time is needed, travel will be charged at the hourly rate noted and mileage will be charged from San Luis Obispo at $0.85 per mile. If structural steel is fabricated in a location where a subcontract inspection service can or must be utilized, the subcontract services (including mileage if applicable) will be invoiced at cost plus 15 percent. We have assumed that UT inspection of welds will not be required. Shop Welding Visual Inspection 80 hrs. @$92.50/hr. $7,400.00 Field Welding Visual Inspection and Bolting Inspection. 16 hrs. @ $92.50/hr. 1,480.00 Torque/Tension Equipment 16 hrs. @$25.00/hr. 400.00 Tower bolt assembly tests (tension,hardness and chemical) 4 sets @ $500.00/ea 2,000.00 Subtotal,Structural Steel Inspection $1148000 VIII.Project Management,Report Preparation and Final Affidavits Staff Engineer 4 hrs. @ $95.00/hr. $380.00 Senior Engineer 4 hrs. @ $125.00/hr. 500.00 Subtotal,Proj.Mgmt-/Report Prep./Final Affidavits $880.00 ESTIMATED TOTAL � ( I -O-L3 Attachment 2 Exhibit A %0 San Luis Obispo —New Dispatch Center 4 September 17, 2008 Antenna Tower CONDITIONS Our technicians and inspectors will attempt, wherever reasonable, to combine inspections or test multiple areas during site visits, in order to keep the final bill as low as practicable. The presence of our personnel at the site will depend upon the contractor's schedule, the progress of the work, and notification by the project inspector, therefore the fees presented above are to be considered as estimates only, and shall not be construed as guaranteed maximum fees. The invoices will reflect the actual amount of time spent and service performed, and may be greater or less than the estimated amounts. A summary will be provided with each invoice to allow the client to track costs and budget amounts remaining for our services. All field inspections and other site visits (except sample pick-up) will be subject to a 2-hour minimum charge per day, billed in 1-hour increments. Sample pick-ups on Monday through Friday will be charged 1 hour per visit; sample pick=ups on Saturday, Sunday and holidays will be charged 2 hours per visit. This proposal is based on services provided during regular working hours (0700 to 1700), Monday through Friday. Services provided between 1700 and 0700 on Monday through Friday, and all day Saturday, will be subject to a Prevailing Wage (PW) overtime rate for technicians and inspectors of $115.00 per hour. Services provided on Sundays and Holidays will be subject to a PW double time rate for technicians and inspectors of $130.00 per hour. The non-PW rate for sample pick-up is $60.00/hour for regular time, $90.00/hour for overtime, and $120.00/hour for double time. Services provided beyond San Luis Obispo will be subject to a mileage surcharge of$0.85/mile. The client or client's agent is to supply latest plans and specifications, and notify us of any changes pertinent to the performance of testing and observations. The Project Inspector is responsible for contacting this firm when testing services are required, and for providing adequate notice for inspection of out-of-town fabrication. Earth Systems Pacific will test or inspect at locations deemed appropriate to provide the client with information regarding the acceptability of the tested areas. Previously failed areas may be retested or reinspected after rework, if required. Charges for retests or reinspection due to failing results or improper work, or when tests or inspections are requested but the contractor is not ready and does not cancel scheduled testing or inspection, are not included in the estimate and will be billed at the rates listed previously. This firm shall not be responsible for backcharging contractors for retests or re-inspections. We understand that this estimate will be utilized for preliminary cost estimating purposes only, and that a revised proposal will be requested when the plan are finalized. The revised proposal will be based on the fee schedule in effect at the time of the proposal. CJS-a� Attachment 2 Exhibit A f San Luis Obispo—New Dispatch Center 5 September 17, 2008 Antenna Tower Thank you for your consideration of our firm for this project. If you have any questions or require additional information, please contact the undersigned at your convenience. Sincerely, Earth Systems Pacific 4�/ Fred J..Potthast, G.E. Vice President Attachments: Work Order Terms Copy to: Ms.Marcia Walther,Construction Manager Doc.No.: 0809-076.PRPlml Attachmentt 2 -- Exhibit B AGREEMENT FOR TESTING OF CONSTRUCTION MATERIALS SERVICES, Specification No. 50410.7227.06D THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this 181' day of July 2006, by and between the City of San Luis Obispo and Earth Systems Pacific, hereinafter referred to as the Consultant. 1. Term. The term of this Agreement shall be from the date this Agreement is made and entered as first written above and shall be for a period of approximately three years. 2. Services. The Consultant shall provide the necessary services to complete Construction Materials Testing Services as set out in individual requests in the time frames required. 3. Incorporation by Reference. City's Request for Qualifications dated January 2006 and the Consultants Proposal dated February 21, 2006 along with individual project requests for services are hereby incorporated in and made a part of this agreement. 4. City's Obligation. For providing services as specified in this Agreement, the City will pay and the Consultant shall receive reimbursement for hours worked (including direct salary costs or prevailing wages, employee benefits, overhead and fees)and direct costs. 5. Consultant's Obligation. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by the City, the Consultant agrees with the City to do everything required by this Agreement. Test results of materials tested shall be forwarded to the City within 48 hrs. of the completed test. Field slips will satisfy this requirement. Complete project reports shall be submitted within 30 days of the Consultants last work.performed. Reports must be clear and concise of what materials and tests were performed, location of sample, test method used on the sample and if the material or test provided met project specifications. Test results that do not meet project minimum requirements must be logged separately and re-testing or remedy of failed test must be shown. Log of borings or pile driving must include the numbering system as shown on the project plans, the design depth, actual depth achieved, rate of progress on each pile and date of work. If a numbering system is not shown, a standardized numbering system approved by the engineer shall be used. The Consultant shall submit one hard copy of the report and one electronic Adobe file of the report. 6. Invoices. Invoices must be broken down by the project name, City specification number and what charges are associated to what project where multiple charges appear on a single invoice. Invoices must be billed according to the Fee Schedule submitted in the Statement of Qualifications in response to the RFQ. Annual adjustments of the Fee Schedule must be approved by the City. Attachment 2 Exhibit B 7. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages, and amounts specified in the attachment as a precondition to contract execution and maintain the coverage for the duration of the agreement. 8. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Fee Schedule and additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 9. Laws to be Observed. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 10. Payment of Taxes. The prices shall include full compensation for all taxes that the Consultant is required to pay. 11.. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary to perform the assigned work. 12. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations. 13. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 14. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 15. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub Consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the'work hereunder. 16. Consultant Non-Discrimination. In the performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 17. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. Attachment 2 Exhibit B 18. Payment Terms: The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Consultant(Net 30). 19. Compensation from Authorized Additional Expenses. To receive compensation for additional expenses outside the scope of the project work, the Consultant shall obtain prior written authorization from the City to incur those expenses. Compensation for these additional expenses shall include time and materials only without markup. 20. Hold Harmless and Indemnification, The Consultant agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Consultant's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Consultant, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same;provided, however, that the Consultant's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 21. Contract Assignment: The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 22. Change in Status. The Consultant shall notify the City immediately if it is no longer able to provide any of the services outlined in the submitted proposal. 23. Interests of Consultant. The Consultant covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 24. Termination. If, during the term of the agreement, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform; which notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant has not performed the work or cured the deficiency within the ten days specked in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's 'Attachment 2 _ Exhibit B surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment.representing the City's damages from such breach. 'Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. 25. Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Engineer. 26. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Consultant as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand upon full payment to Consultant for services rendered. 27. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. 28. Complete Agreement. This written agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. Exhibit A — Supplemental Terms incorporated herein by reference. 29. Notice. All written notices to the parties hereto shall be sent by prepaid postage mail addressed as follows: City: Consultant Pamela King Earth Systems Pacific Public Works Department Dennis Shallenberger 955 Morro Street 4375 Santa Fe Road San Luis Obispo, CA 93401 San Luis Obispo, CA 93401 Attachment 2 Exhibit B Authority to Execute Agreement. Both the City and the Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year written above. CITY: CONSULTANT: Ken Hampian, City)Administrative Officer Earth SysterR§ Pacific Approved as to Form: Margaret McQuade, Vice President Jona ell, City Attorney Print/type name dnd title Attachment 2 Exhibit B Exhibit A Supplemental Terms Between City of San Luis Obispo ("City") And Earth Systems Pacific("Consultant") 1. SITE ACCESS AND UTILITIES. CITY has the sole responsibility for obtaining site access for CONSULTANT to perform its services. CITY agrees that CONSULTANT's only obligation, to the extent practicable under the circumstances, is to mark the proposed boring/excavation areas and to contact the local utility clearance agency prior to any such boring/excavation services. CITY agrees that CONSULTANT is not responsible, and shall not be considered negligent, for any damage or loss due to any undisclosed or unknown surface or subsurface utility or obstructions owned by CITY or third parties so long as CONSULTANT complied with the foregoing sentence prior to its boring/excavation services. 2. FIELD REPRESENTATIVE. CONSULTANT shall not be responsible for: (i) construction means and methods, techniques, sequences, procedures, or safety precautions, and programs in connection with the Project; (ii) the failure of any contractor, subcontractor, vendor, or other Project participate, not under contract to CONSULTANT, to fulfill their respective contractual responsibilities to CITY or to comply with federal, state, or local laws, regulations and codes; or(N)procuring permits, certificates, and license required for any construction. CONSULTANT shall not have the authority to direct, control or stop construction of third parties'work. CONSULTANT does not guarantee that proposals, bids, or actual Project costs will not vary from CONSULTANT's cost estimates or that actual schedule will not vary from CONSULTANTs project schedules. 3. DOCUMENTS. CITY agrees that all CONSULTANT provided documents shall be used for the intended Project for the purposes stated in such documents. Any unauthorized use or distribution of such documents by the CITY shall be at the sole risk of the CITY and without any liability to CONSULTANT. 4. STANDARD OF CARE. CONSULTANT will perform its services with that degree of skill and care ordinarily exercised by reputable members of CONSULTANT's profession in the same or similar locality. 5. HAZARDOUS MATERIALS. CONSULTANT is responsible for hazardous materials brought by CONSULTANT onto the site. CITY retains ownership and responsibility in all respects for other hazardous materials and associated damage. 6. WAIVER. Neither party shall be responsible for consequential or incidental damages. ell - 3! Attachment 2- Exhibit B Section E INSURANCE REQUIREMENTS Consultant Services The 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 the Consultant, its agents, representatives, employees or subconsultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability, code 1 (any auto).. 3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per claim. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials,employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days prior written notice by certified mail return receipt requested, has been given to the City. The Consultant agrees to notify the.City in the event that the policy is suspended, voided, or reduced in coverage or limits; a minimum of 30 days prior written notice by certified mail, return receipt requested, will be provided. Attachment 2 Exhibit B Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. �1�-33