Resolution No.10275 establishing the County of Riverside Transportation ... Page 281 of 1319 PAGE 16 | Transportation Analysis Guidelines
CEQA ASSESSMENT - VMT ANALYSIS
CEQA analysis requires an evaluation of project impacts related to VMT. This section provides the process to assist in determining VMT impacts for various land use projects. The process contains a stepped approach that includes screening criteria, identifying significance measure and threshold, VMT analysis, and mitigation measures.
ANALYSIS PROCESS
The following series of analytical steps for SB-743 compliance should be conducted for land use projects as deemed necessary by the Transportation Department. Figure 2 provides a graphical representation of this analysis process.
Resolution No.10275 establishing the County of Riverside Transportation ... Page 282 of 1319 PAGE 17 | Transportation Analysis Guidelines County of Riverside VMT Analysis Flowchart
Identify VMT
Measure
Project
Screening
Identify VMT
Threshold Mitigation Measures Assessment of Impact
Start Screened
Evaluate and
Identify
End
NO
Project presumed to cause lessthan-significant impact YES Screening Criteria
Small Projects Transit Priority Area Local-Serving Retail Affordable Housing Local Essential Service Map-Based Redevelopment Project Efficiency Metric Total VMT Residential Office Retail Other VMT/Capita VMT/Employee Total VMT VMT/Capita
VMT/Employee
Total VMT
Countywide Average VMT* Net Increase in Total VMT** See Note Less than
Threshold
Finding of less-than-significant
impact. Analysis complete.
YES
Project Specific
Regional
Mitigation Bank
NO
Impact Fully
Mitigated
Analysis Complete
YES
Additional analysis
- OR -
Significant Impact with
Statement of Overriding
Considerations
NO
* 15.2 VMT/Capita; 14.2 VMT/Employee** Regional area defined as Riverside CountyNote Countywide Average VMT, Net Increase in Total VMT, or a combination of the two thresholds depending on the land use.
Figure 2
Resolution No.10275 establishing the County of Riverside Transportation ... Page 283 of 1319 PAGE 18 | Transportation Analysis Guidelines County of Riverside Step 1: Evaluate Land Use Type
During the initial step the land use projects will need to be evaluated for the following considerations:
Land use type. For the purposes of analysis, the Institute of Transportation Engineers (ITE) land use codes serve as the basis of land use definitions. Although it is recognized that VMT evaluation tools and methodologies are typically not fully sensitive to some of the distinctions between some ITE categories, the use of ITE land use codes is useful for maintaining consistency across analyses, determining trip generation for other planning level tools, and maintaining a common understanding of trip making characteristics amongst transportation professionals. The ITE land use code is also used as an input into the sketch planning tool. Mixed Use. If there are multiple distinct land uses within the project (residential, office, retail, etc.), they will be required to be analyzed separately unless they are determined to be insignificant to the total VMT. Mixed use projects are permitted to account for internal capture, which depending on the methodology may require a distinct approach not covered in this documentation.
Redevelopment projects. As described under the Non-Significant Screening Criteria section, redevelopment projects which have lower VMT than the existing on-site use can be determined to have a non-significant impact.
Step 2: Screen for Non-Significant Transportation Impact The purpose of this step is to determine if a presumption of a non-significant transportation impact can be made on the facts of the project. The guidance in this section is primarily intended to avoid unnecessary analysis and findings that would be inconsistent with the intent of SB-743. A detailed CEQA assessment will not be required for land use elements of a project that meet the screening criteria shown in Figure 3. If a project is mixed use in nature, only those elements of the project that do not comply with the elements in Figure 3 would require further evaluation to determine transportation significance for CEQA purposes. There are certain exceptions to the screening criteria contained in Figure 3. In cases where these exceptions apply, the Transportation Department will inform the traffic consultant.
Resolution No.10275 establishing the County of Riverside Transportation ... Page 284 of 1319 PAGE 19 | Transportation Analysis Guidelines County of Riverside Figure 3 – Screening Criteria for Development Projects
Project Type Screening Criteria
SMALL PROJECTS1
This applies to projects with low trip
generation per existing CEQA
exemptions or based on the County
Greenhouse Gas Emissions
Screening Tables, result in a 3,000
Metric Tons of Carbon Dioxide
Equivalent (MTCO2e) per year
screening level threshold.
CalEEMod runs were conducted for
a variety of land uses to determine
land uses units under the screening
threshold level.
Presumed to cause a less-than-significant impact:
Single Family Housing projects less than or equal to 110 Dwelling Units; or
Multi Family (low rise) Housing projects less than or equal to 147 Dwelling Units; or
Multi Family (mid-rise) Housing projects less than or equal to 194 Dwelling Units; or
General Office Building with area less than or equal to 165,000 SF; or
Retail buildings with area less than or equal to 60,000 SF; or Warehouse (unrefrigerated) buildings with area less than or equal to 208,000 SF; or
General Light Industrial buildings with area less than or equal to 179,000 SF
Project GHG emissions less than 3,000 Metric Tons of Carbon Dioxide Equivalent (MTCO2e) as determined by a methodology acceptable to the Transportation Department; or
Unless specified above, project trip generation is less than 110 trips per day per the ITE Manual or other acceptable source determined by Riverside County.
PROJECTS NEAR HIGH QUAILITY
TRANSIT2
High quality transit provides a
viable option for many to replace
automobile trips with transit trips
resulting in an overall reduction in
VMT.
Presumed to cause a less-than-significant impact:
Within a ½ mile of an existing major transit stop; and Maintains a service interval frequency of 15 minutes or less during the morning and afternoon peak commute periods.
1 Based on substantial evidence for thresholds for small projects, APPENDIX G. 2 2018 OPR Technical Advisory, pg. 13.
Resolution No.10275 establishing the County of Riverside Transportation ... Page 285 of 1319 PAGE 20 | Transportation Analysis Guidelines County of Riverside LOCAL-SERVING RETAIL3
The introduction of new Localserving retail has been determined to reduce VMT by shortening trips
that will occur.
Presumed to cause a less-than-significant impact:
No single store on-site exceeds 50,000 SF; and
Project is local-serving as determined by the Transportation Department
AFFORDABLE HOUSING4
Lower-income residents make fewer
trips on average, resulting in lower
VMT overall.
Presumed to cause a less-than-significant impact:
A high percentage of affordable housing is provided as determined by the Riverside County Planning and
Transportation Departments
LOCAL ESSENTIAL SERVICE5
As with Local-Serving Retail, the
introduction of new Local Essential
Services shortens non-discretionary
trips by putting those goods and
services closer to residents,
resulting in an overall reduction in
VMT.
Presumed to cause a less-than-significant impact:
Project is local-serving as determined by the Transportation Department; and
Local-serving and Day care center; or
Police or Fire facility; or
Medical/Dental office building under 50,000 square feet; or Government offices (in-person services such as post office, library, and utilities); or
Local or Community Parks
MAP-BASED SCREENING6
This method eliminates the need
for complex analyses, by allowing
existing VMT data to serve as a
basis for the screening smaller
developments. Note that screening
is limited to residential and office
projects.
Presumed to cause a less-than-significant impact:
Area of development is under threshold as shown on screening map as allowed by the Transportation Department
3 2018 OPR Technical Advisory, pg. 16.
4 2018 OPR Technical Advisory, pg. 14.
5 Based on assumption that, like local-serving retail, the addition of necessary local in-person services will reduce VMT given that trips to these locations will be made irrespective of distance given their non-discretionary nature. 6 2018 OPR Technical Advisory, pg. 12.
Resolution No.10275 establishing the County of Riverside Transportation ... Page 286 of 1319 PAGE 21 | Transportation Analysis Guidelines County of Riverside REDEVELOPMENT PROJECTS7
Projects with lower VMT than
existing on-site uses, can under
limited circumstances, be presumed
to have a non-significant impact. In
the event this screening does not
apply, projects should be analyzed
as though there is no existing uses
on site (project analysis cannot take
credit for existing VMT).
Presumed to cause a less-than-significant impact:
Project replaces an existing VMT-generating land use and does not result in a net overall increase in VMT
Step 3: Identify Significance Measure and Threshold
The purpose of this step is to determine the VMT measure and threshold of significance for application to a land use project. Significance thresholds are based on land use type, broadly categorized as efficiency and net change metrics. Efficiency metrics include VMT/capita and Work VMT/employee8
. As described in Figure 4, “Net Change” refers to the net change in regional VMT. “Net Change” is used for elements that include a significant customer base, such as commercial uses although it can extend to a variety of uses that have similar characteristics as shown in Figure 4.
Figure 4 – Threshold Basis
Threshold Basis Efficiency Net Change
Example Land Use Residential, Office, Industrial Retail, Medical Office, Sports Venue Measure for VMT Threshold Per capita, per employee Regional VMT change Customer Component No Yes
Allowable Methods
Non-Significant Screening Criteria, The
Riverside County Sketch Planning Tool,
Travel Demand Model, Other methods
as deemed appropriate by the
Transportation Department
Non-Significant Screening Criteria,
Travel Demand Model, Other methods
as deemed appropriate by the
Transportation Department
The County adopted the county-wide average VMT as threshold of significance. This approach was adopted consistent with several jurisdictions within the County as well as to address the significant housing needs as identified in the SCAG regional housing needs assessment (RHNA). The thresholds of significance, as they relate to the Riverside County, are summarized in Figure 5.
7 2018 OPR Technical Advisory, pg. 18.
8 Work VMT specifically applies to commute trips as represented by the attractions in the Travel Demand Model. Refer to Appendix E for additional information.
Resolution No.10275 establishing the County of Riverside Transportation ... Page 287 of 1319 PAGE 22 | Transportation Analysis Guidelines County of Riverside Figure 5 - Measure for VMT Threshold
Land Use Threshold of Significance
Residential Existing county-wide average VMT per capita Office Existing county-wide average VMT per employee
Retail Net increase in total VMT
Based on these criteria the VMT thresholds of significance shown in Figure 6 have been established. A project would result in a significant project-generated VMT impact if its VMT exceeds the VMT threshold shown in Figure 6 based on its respective land use.
Figure 6 – VMT Threshold of Significance
Land Use VMT Threshold Basis
Residential 15.2 VMT/capita Existing county-wide average VMT per capita.
Office 14.2 Work VMT/employee Existing county-wide average Work VMT per employee
Retail Net regional change
Using the county as the basis or other
area determined appropriate by the
Transportation Department
Other Employment 14.2 Work VMT/employee Existing county-wide average Work VMT per employee for similar land uses
Other Customer Net regional change
Using the county as the basis or other
area determined appropriate by the
Transportation Department
Note that the inclusion of “Other Employment” and “Other Customer” refers to all other service and goods providers that are not included in the basic office/retail categories.
For projects with a significant customer basis it is typically appropriate to separate employee trip characteristics from the customer base unless the customer base is minimal in nature. Under these circumstances, it is most appropriate to evaluate the total of the delta in regional VMT resultant from the customer base plus the delta of VMT resultant from employees based on the following formula:
∆ൌEൈ ሺ𝑉𝑀𝑇ா െ 𝑉𝑀𝑇்ሻ
ൌ Delta
Eൌ Number of Employees
VMTEൌ Estimated VMT/employee
VMTTൌ Threshold VMT/employee
Resolution No.10275 establishing the County of Riverside Transportation ... Page 288 of 1319 PAGE 23 | Transportation Analysis Guidelines County of Riverside As provided for under Allowable Methods in Figure 4, some projects may require approaches and analysis methods not described within this document given their unique locations or the proposed land use is not appropriately represented in the Travel Demand Model. This can also be the case if there is unique data associated with a project such as a market study or other relevant data.
Sketch Planning Tool. Riverside County has developed a sketch planning tool for use in SB-743 land use project analysis. The purpose of the tool is to calculate VMT for a land use project. The source data of the tool was developed from the RIVTAM travel demand model using the methodology described in APPENDIX E. As with any sketch planning tool, there are distinct limitations in terms of its application including limits on the type and size of development that it can be applied to. Note that it is anticipated that the tool will continue to evolve in response to updates to travel demand model data or methodological changes adopted by the County and as such it is important that the most current version of the tool be utilized. Broadly, the sketch planning tool provides the following information:
Institute of Transportation Engineers Trip Generation VMT Threshold Analysis
Greenhouse Gas Estimation
Transportation Demand Management Evaluation
The VMT Analysis methodology is summarized in APPENDIX E.
Step 4: VMT Analysis for Non-Screened Development
Most projects that require a detailed VMT assessment will use one of two methods for assessing a project’s VMT: (1) Riverside County Sketch Planning Tool; or (2) RIVTAM/RIVCOM or other approved travel demand forecasting model.
For non-residential or non-office projects, very large projects, or projects that can potentially shift travel patterns, the sketch tool would not be appropriate or adequate for the VMT assessment. In such cases, the RIVTAM/RIVCOM model may be required based on a preliminary review of the project.
Refer to the VMT Calculations section of APPENDIX E for detailed steps to calculate a project’s VMT using RIVTAM.
There may be projects for which neither the Sketch Planning Tool nor the RIVTAM/RICOM model is appropriate for VMT assessment. In this scenario, the transportation consultant should coordinate with the Transportation Department to determine the appropriate methodology for the analysis.
Step 5: Mitigation Measures
When project VMT exceeds the threshold(s) of significance, the project will need to mitigate its CEQA transportation impact. Projects must propose measures to reduce project VMT and can include the
Resolution No.10275 establishing the County of Riverside Transportation ... Page 289 of 1319 PAGE 24 | Transportation Analysis Guidelines County of Riverside following VMT reducing strategies – project characteristics, multimodal improvements, parking, and transportation demand management (TDM). The type and size of the project will determine the most appropriate mitigation strategies for VMT impacts. For large projects such as general plans or specific plans, VMT mitigations should concentrate on the project’s density and land use mix, site design, regional policies, and availability of transit, bicycle, and pedestrian facilities. For smaller projects such as an individual development project, VMT mitigations will typically require the preparation of a TDM program. A TDM program is a combination of strategies to reduce VMT. The program is created by an applicant for their land use project based on a list of strategies agreed to with Riverside County.
Riverside County has developed a list of potential TDM strategies and the magnitude of VMT reduction that could be achieved. The selection process was guided by the California Air Pollution Control Officers Association (CAPCOA) recommendations found in the 2010 publication Quantifying Greenhouse Gas Mitigation Measures. The area context of Riverside County also influenced the type of TDM strategies that were selected. CAPCOA has found strategies with the largest VMT reduction in rural areas include vanpools, telecommute or alternative work schedules, and master planned communities with design and land-use diversity to encourage intra-community travel. Based on empirical evidence, CAPCOA found the cross-category maximum for all transportation-related mitigation measures is 15% for suburban settings.
APPENDIX F summarizes available TDM strategies along with the maximum VMT reduction, applicable land use application, and complementary strategies. The Sketch Planning Tool includes the TDMs summarized in APPENDIX F.
TRANSPORTATION PROJECTS
Depending on the specific nature of a transportation project; it can alter trip patterns, trip lengths, and even trip generation. Research has determined that capacity-enhancing projects can and often do increase VMT. This phenomenon is commonly referred to as “induced demand.” While methods are generally less developed for the analysis of induced demand compared to other areas of transportation analysis, there is still the need to quantify and understand its impact to the transportation system considering the requirements of SB-743.
Similarly, to land use projects, the approach to transportation project analysis closely align with the 2018 OPR Guidance. In terms of analysis, the analyst should first determine whether the transportation project has been prescreened and determined to have a non-significant impact as described in the following section.
Screen for Non-Significant Transportation Impact
The following non-significant impact examples are provided directly from the 2018 OPR Guidance:
Resolution No.10275 establishing the County of Riverside Transportation ... Page 290 of 1319 PAGE 25 | Transportation Analysis Guidelines County of Riverside Rehabilitation, maintenance, replacement, safety, and repair projects designed to improve the condition of existing transportation assets (e.g., highways; roadways; bridges; culverts; Transportation Management System field elements such as cameras, message signs, detection, or signals; tunnels; transit systems; and assets that serve bicycle and pedestrian facilities) and that do not add additional motor vehicle capacity
Roadside safety devices or hardware installation such as median barriers and guardrails Roadway shoulder enhancements to provide “breakdown space,” dedicated space for use only by transit vehicles, to provide bicycle access, or to otherwise improve safety, but which will not be used as automobile vehicle travel lanes
Addition of an auxiliary lane of less than one mile in length designed to improve roadway safety
Installation, removal, or reconfiguration of traffic lanes that are not for through traffic, such as left, right, and U-turn pockets, two-way left turn lanes, or emergency breakdown lanes that are not utilized as through lanes
Addition of roadway capacity on local or collector streets provided the project also substantially improves conditions for pedestrians, cyclists, and, if applicable, transit Conversion of existing general-purpose lanes (including ramps) to managed lanes or transit lanes, or changing lane management in a manner that would not substantially increase vehicle travel
Addition of a new lane that is permanently restricted to use only by transit vehicles Reduction in number of through lanes
Grade separation to separate vehicles from rail, transit, pedestrians or bicycles, or to replace a lane in order to separate preferential vehicles (e.g., HOV, HOT, or trucks) from general vehicles Installation, removal, or reconfiguration of traffic control devices, including Transit Signal Priority (TSP) features
Installation of traffic metering systems, detection systems, cameras, changeable message signs and other electronics designed to optimize vehicle, bicycle, or pedestrian flow Timing of signals to optimize vehicle, bicycle, or pedestrian flow Installation of roundabouts or traffic circles
Installation or reconfiguration of traffic calming devices Adoption of or increase in tolls
Addition of tolled lanes, where tolls are sufficient to mitigate VMT increase Initiation of new transit service
Conversion of streets from one-way to two-way operation with no net increase in number of traffic lanes
Removal or relocation of off-street or on-street parking spaces Adoption or modification of on-street parking or loading restrictions (including meters, time limits, accessible spaces, and preferential/reserved parking permit programs) Addition of traffic wayfinding signage
Rehabilitation and maintenance projects that do not add motor vehicle capacity
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Addition of Class I bike paths, trails, multi-use paths, or other off-road facilities that serve nonmotorized travel
Installation of publicly available alternative fuel/charging infrastructure Addition of passing lanes, truck climbing lanes, or truck brake-check lanes in rural areas that do not increase overall vehicle capacity along the corridor Significance Threshold and Methodology
For projects that increase roadway capacity and are not identified under the Non-Significant Screening Criteria in the prior section, the significance criterion should be changed to regional VMT. A finding of a significant impact would be determined if a transportation project results in a net increase in regional VMT. Note that for transportation improvements within Caltrans right-of-way, it is required that the analysis of those improvements be consistent with Caltrans SB-743 analysis guidelines.
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APPENDIX A
GLOSSARY OF TERMS
TERM DEFINITION
Active Transportation A means of getting around that is powered by human energy, primarily walking and biking.
Impact Refer to a project’s impacts as determined by the transportation standards or CEQA thresholds of
significance established by the County.
Improvement A change that addresses the effects, particularly adverse effects, of a project on elements of the transportation system for which no transportation standards or CEQA
thresholds of significance have been established by the Transportation Department. Distinct from “mitigation.”
Mitigation A change that addresses the CEQA impacts of a project on elements of the transportation system for which
transportation standards or CEQA thresholds of
significance have been established. Distinct from
“improvement.”
Mixed-Use Project A development project that combines two or more land uses.
Net Change (in Total VMT) Difference in total VMT in the area with and without the project. Performance metric for regional retail projects and transportation projects.
Peak Hour The highest morning or evening hour of travel reported on a transportation network or street.
Project VMT Calculated VMT generated by a development project.
Transportation Demand
Management (TDM)
Programmatic measures that discourage drive-alone trips and encourage pedestrian, bicycle, and transit use. One of the four VMT reduction strategies for development
projects.
Trip Assignment An assignment of vehicle-trips to transportation facilities based on trip distribution percentages.
Trip Distribution A forecast of the travel direction of vehicle-trips to and from a project.
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VMT per Capita The sum of VMT for personal motorized vehicle-trips made by all residents of a development project, divided by the total number of residents of the project.
VMT per Employee The sum of VMT for personal motorized vehicle-trips made by all workers of an office or industrial development project, divided by the total number of workers at the
project.
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APPENDIX B
TRAFFIC ANALYSIS EXEMPTIONS
Under Level of Service (LOS) Analysis
The following types of development proposals are generally exempt from Traffic Analysis requirements per Board of Supervisor’s action November 5, 1996 (Item No. 3.27):
1. All Residential Parcel Maps.
2. Single Family Residential Tracts of less than 100 lots.
3. Apartments and other Multiple Family projects of less than 150 units.
4. Plot Plan and Uses Cases for projects of one acre or less.
5. Preschools, Elementary Schools and Middle Schools.
6. Churches, Lodges, Community Centers, Neighborhood Parks and Community Parks.
7. Mini Storage Yards
8. Congregate Care Facilities that contain significant special services, such as medical facilities, dining facilities, recreation facilities and support retail facilities.
9. Level 1 projects (100-200 peak hour trips) in areas where a comprehensive traffic analysis has been performed and road improvement infrastructure funding mechanisms are in place. The Transportation Department may, however, require a traffic analysis for projects that are anticipated to exhibit potential adverse deficiencies on the circulation system.
10. Any use which can demonstrate, based on the most recent edition of the Trip Generation Report published by the Institute of Transportation Engineers (ITE) or other approved trip generation data, trip generation of less than 100 vehicle trips during the peak hours.
These exemptions will apply in most cases, however, the Transportation Department reserves the right to require a traffic analysis for any development regardless of size and/or type. The level of analysis shall be determined on an individual basis. The following are examples of conditions under which an exemption would not be granted.
a. The presence of an existing or potential safety problem. b. The location of the development in an environmentally or otherwise sensitive area, or in an area that is likely to generate public controversy.
c. The presence of a nearby substandard intersection or street. This is normally considered to be an existing Level of Service “D” or worse, or substandard improvements. d. The need for a focused study for access/operational issues. e. A request from an affected agency, such as Caltrans or an adjacent city, which is deemed by the Transportation Department to be reasonable and rational.
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APPENDIX C
ANALYSIS INPUT PARAMETERS
SIGNALIZED INTERSECTION ANALYSIS INPUT PARAMETERS
PARAMETER VALUE
Base Saturation Flow Rate 1,900 pc/hr/ln
Heavy Vehicle Factor Determine % heavy vehicle in existing traffic stream based on count data or consultation with County Transportation Dept.
Projects with truck intensive uses must convert project trips to passenger car equivalents (PCE=1.5, 2, and 3 for 2-axle, 3-axle, and 4+-axle trucks, respectively). Truck intensive uses include heavy industrial, warehousing or as determined by the
Transportation Department.
Grade Include as appropriate
Exclusive left-turn lane Peak hour volume > 100
Dual left-turn lanes Peak hour volume > 300
Protected left-turn phasing Left-turn volumes > 240 vph Minimum green time 7 seconds each movement in areas of light pedestrian activity. In areas of heavy pedestrian activity, the minimum green shall be calculated based on the methodology in the Highway Capacity Manual.
Cycle length 60 sec to 120 sec
Lost time Per Highway Capacity Manual Exhibit 10-17 (below) Major street Minor Street Number of Phases L (s)
Protected Protected 4 16
Protected Permitted 3 12
Permitted Protected 3 12
Permitted Permitted 2 8
* All above values are from HCM, 6th Edition. Any deviation from these parameters requires prior approval from Riverside County Transportation Department. Refer to HCM, 6th Edition for any default values not specifically identified here.
Intersection analyses should be conducted utilizing acceptable software based on HCM methodology. Closely spaced intersections are to be analyzed using analysis tools capable of accounting for turn lane storage, queue length, blockage, etc. such as Synchro.
Actual signal timing and peak hour factors should be collected in the field and utilized in the existing and nearterm analyses. In cases where traffic is added from a significant number of cumulative projects, the consultant shall use their engineering judgment in the application of peak hour factors to maintain consistency with the existing conditions analyses. A peak hour factor of 1.0 shall be applied to buildout traffic conditions.
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APPENDIX D
LEVEL OF SERVICE TARGETS
Level of Service for Riverside County Roadways1
Roadway
Classification Number of Lanes
Maximum Two-Way Traffic Volume (ADT)2
Service Level C Service Level D Service Level E
Collector 2 10,400 11,700 13,000
Secondary 4 20,700 23,300 25,900
Major 4 27,300 30,700 34,100
Arterial 2 14,400 16,200 18,000
Arterial 4 28,700 32,300 35,900
Mountain Arterial3 2 12,900 14,500 16,100
Mountain Arterial 3 16,700 18,800 20,900
Mountain Arterial 4 29,800 33,500 37,200
Urban Arterial 4 28,700 32,300 35,900
Urban Arterial 6 43,100 48,500 53,900
Urban Arterial 8 57,400 64,600 71,800
Expressway 4 32,700 36,800 40,900
Expressway 6 49,000 55,200 61,300
Expressway 8 65,400 73,500 81,700
Freeway 4 61,200 68,900 76,500
Freeway 6 94,000 105,800 117,500
Freeway 8 128,400 144,500 160,500
Freeway 10 160,500 180,500 200,600
Ramp4 1 16,000 18,000 20,000
NOTES:
1 All capacity figures are based on optimum conditions and are intended as guidelines for planning purposes only. 2 Maximum two-way ADT values are based on the 1999 Modified Highway Capacity Manual Level of Service Tables as defined in the Riverside County Congestion Management Program. 3 Two-lane roadways designated as future arterials that conform to arterial design standards for vertical and horizontal alignments are analyzed as arterials.
4 Ramp capacity is given as a one-way traffic volume.
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APPENDIX E
VMT ANALYSIS METHODOLOGY
The following provides guidance regarding required Baseline and Cumulative scenarios as it applies to land development and transportation projects, Specific Plans, and Community Plans. This analyses approach is based on guidance provided within the 2018 OPR Technical Advisory on Evaluating Transportation Impacts in CEQA (2018 OPR Guidance).
Land Development and Transportation Projects
Typically, the comparison between Baseline and Baseline Plus Project scenarios results in an evaluation of the worst-case scenario whether it be under an efficiency metric (per capita or per employee) or a net change metric (such as for retail or for a transportation improvement). This is a result of the fact that Cumulative analyses include additional developments, which typically have the effect of shortening trips as the proximity of complimentary land uses improve with increasing densities (i.e. houses are closer to shopping opportunities, houses are closer to employment opportunities, etc.).
Accordingly, it can be presumed that a land development project or transportation project will not have a significant impact under Cumulative conditions if it is not determined to have one under Baseline conditions unless there are known circumstances, as determined by Transportation Department, that might alter this outcome. Unless specifically required by the Transportation Department, Project analysis for Cumulative conditions is only required if there is a finding of a significant impact under the Baseline Plus Project conditions.
When a significant impact is determined under Baseline Plus Project conditions, feasible mitigation measures must be identified that could avoid or substantially reduce the impact. Lead agencies are generally given the discretion to determine what mitigation actions are “feasible,” but they must rely on substantial evidence in making these determinations. In addition, CEQA requires the identification of feasible alternatives that could avoid or substantially reduce a project’s significant environmental impacts. If feasible mitigation measures cannot be identified to mitigate the impact of the Project, a Cumulative analysis will be required. A land development project or transportation project that can be sufficiently mitigated to not have a significant impact under Baseline Plus Project conditions would not have to undertake Cumulative analysis.
If Cumulative analysis is determined to be required, the Cumulative analysis should consider the effect of any planned mitigation measures identified during the Baseline analysis even if those mitigation measures do not fully mitigate the impact. If the Cumulative conditions analysis also results in a finding of a significant impact with previously identified mitigation measures, this Cumulative impact shall result in a finding of a significant and unavoidable impact and must therefore be called out in the project’s EIR and subject to a Finding of Overriding Consideration.
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Specific Plans and Community Plans require the same analysis and mitigation approach to Project analysis as described above, with unique Land uses (residential, office, retail, etc.) being required to be analyzed in the aggregate against established Riverside County thresholds. Transportation improvements associated with Specific Plans or Community Plans are also analyzed in the same manner as described in this guidance. However, for Specific Plans and Community Plans, Riverside County requires that Cumulative analysis be completed irrespective of the findings of the Baseline Plus Project conditions. Additionally, No Project and Plus Project conditions under both the Baseline and Cumulative must provide total Regional VMT values. Note that the Regional VMT values are for informational purposes and are not used as the basis for the determination of a significant impact.
Analysis Methodology
Travel Demand Models (TDMs) are broadly considered to be amongst the most accurate of available tools to assess regional and sub-area VMT. While the Southern California Association of Governments (SCAG) maintains the regional travel demand model as a part of the Regional Transportation Plan/Sustainable Communities Strategy program (RTP/SCS), Riverside County maintains its own travel demand model (Riverside County Transportation Analysis Model, RIVTAM) in support of travel forecasting needs of the various agencies and jurisdictions within the County. The latest available version of RIVTAM (developed in 2009 based on the SCAG 2008 RTP Model structure) was determined to be the best fit for developing the VMT thresholds as it has the most up to date land use information for the County, as well as refined zonal structure within the County.
The 2012 Base Year model scenario was used for the baseline conditions and 2040 Future Year model scenario was used for the cumulative conditions in the County. Out of the five other counties included in the model (Ventura County, Los Angeles County, Orange County, San Bernardino County, and Imperial County), San Bernardino is a major contributor of the trips to Riverside County during a typical weekday.
As many of the County’s daily trips originate from or have destinations in areas outside of the County such as San Diego County and the State of Arizona (external trips), their total length could not be computed solely using RIVTAM, additional analysis was required. The length of these trips was determined using two main processes, using Big Data and RIVTAM output files. Data was obtained from Teralytics that summarized the number of trips to and from the County to the surrounding Counties at the Census Tract level for the entire month of October 2019. The distance between each Census Tract was determined by using the TransCAD software, the modeling platform that RIVTAM runs on. The multipath analysis function within the TransCAD software was used to determine the point to point distance between the centroid of each Census Tract using the internal pathing algorithm that determines the shortest path along the roadway network between the centroid of each Census Tract pair. The shortest path between each County Census Tract and each non-County Census Tract that contained at least one trip was multiplied by the share of the total trips to and from each
Resolution No.10275 establishing the County of Riverside Transportation ... Page 299 of 1319 PAGE 34 | Transportation Analysis Guidelines County of Riverside Census Tract within the County to determine the average trip length to and from the County Census Tract. The big data average trip lengths within the County were compared against the RIVTAM model internal trip lengths. The big data average trip lengths within the County were found to be slightly lower than the internal average trip lengths in the RIVTAM model. This was the basis of big data calibration and the external average trip lengths were adjusted. The calibrated average trip length was applied to each TAZ based on the TAZ to Census Tract association and multiplied by the number of external trips to and from that TAZ to determine the total external VMT by TAZ.
These average external trip lengths by TAZ are also available in a spreadsheet form to compute additional VMT outside the model region if required for a project.
Before beginning the Countywide VMT analysis, the zonal structure and various components of RIVTAM were thoroughly reviewed to make the best use of model results to determine the VMT thresholds. Some of the major roadway improvements in the County that occurred after the year 2012 were also included in the model network to compute trip lengths that reflect the most recent travel patterns.
Model Zone Structure. VMT was computed at Traffic Analysis Zone (TAZ) level to determine the thresholds as well as to allow for comparisons among different areas throughout the County. There are 1807 TAZs within the County, including 623 TAZs within the unincorporated parts of the County.
Socio-Economic Data. Socioeconomic data (SED) and other model inputs are associated with each TAZ. Out of several different variables in the model SED, the VMT analysis mainly focused on population, number of households and types of employment that are used in the trip generation component. VMT computation was focused on the fact that the model uses employment variables by 3 income levels to determine commute trips and only some of the employment variables by industry type to determine the rest of the trips. Employment variables used in the model are listed below.
Employment by Income Level:
1. Low Income Employment (less than $25,000)
2. Medium Income Employment ($25,000 to $50,000)
3. High Income Employment ($50,000 or more)
Employment by Industry type:
1. Agriculture and mining
2. Construction
3. Manufacturing
4. Wholesale trade
5. Retail trade
6. Transportation, warehousing, and utility
7. Information
Resolution No.10275 establishing the County of Riverside Transportation ... Page 300 of 1319 PAGE 35 | Transportation Analysis Guidelines County of Riverside
8. Financial activities
9. Professional and business services
10. Education and health services
11. Leisure and hospitality services
12. Other services
13. Public administration
It should be noted that not all the employment variables by industry type in the model are used for trip generation, therefore commute VMT was calculated for the land use types where trip generation rates were available in the model.
Trip Generation. The model runs a series of complex steps to estimate daily trip productions and attractions by various trip purposes for each TAZ. The trip purposes are listed below.
Model Trip Purpose:
1. Home-Based Work Direct (HBWD)
2. Home-Based Work Strategic (HBWS)
3. Home-Based School (HBSC)
4. Home-Based College and University (HBCU)
5. Home-Based Shopping (HBSH)
6. Home-Based Serving-Passenger (HBSP)
7. Home-Based Other (HBO)
8. Work-Based Other (WBO)
9. Other-Based Other (OBO)
The production model uses several variables such as number of workers, household income, age, household size and car availability depending on the trip purpose. Trip productions for every TAZ in the model were compiled separately by each trip purpose. The attraction model uses income categories of employment for the HBW trip purpose, whereas it uses some of the employment categories for all non-HBW trip purposes. The attraction model estimates trip attractions to each TAZ by regression coefficients that vary by employment type. Trip attractions for every TAZ were compiled by each purpose and by each employment type based on these regression coefficients.
Person Trips, Vehicle Occupancy, Trip Distance. Trip productions and attractions were compiled after the mode choice step, and only auto trips were used for the analysis. Since these auto trips are person trips, vehicle occupancy factors were applied for carpool 2 and carpool 3+ auto person trips.
The model uses separate factors for carpool 3+ for each trip purpose. After the vehicle trip productions and attractions were computed for each trip purpose, trip lengths were applied for each zone pair from the respective skim matrices in the model to compute the production and attraction VMT by purpose.
Resolution No.10275 establishing the County of Riverside Transportation ... Page 301 of 1319 PAGE 36 | Transportation Analysis Guidelines County of Riverside VMT Calculations. The residential VMT was computed by combining the production VMT for all the Home-Based trip purposes. Commute VMT was computed from the attraction VMT by Home-Based Work trip purposes.
Residential and commute VMT by each TAZ were computed and average VMT were determined by County levels to determine the thresholds. A step-by-step process is described below to recalculated average VMT using the RIVTAM model if required.
Steps to Recalculate average VMT:
1. Run the RIVTAM model with desired network and SED data
2. Compile Population and Total Employment by each TAZ from SED
3. Use peak and off-peak person trip matrices by trip purpose and combine into daily person trips. These matrices are saved in \msplit\Outputs\. The files are "MS_PK_HBWD.mtx", "MS_PK_HBWS.mtx", "MS_PK_HBOALL.mtx", "MS_PK_HBSH.mtx", "MS_PK_HBSP.mtx ", "MS_PK_OBO.mtx", "MS_PK_WBO.mtx", "MS_PK_HBSC.mtx ", "MS_PK_HBCU.mtx”, and similarly for off-peak.
4. Use the occupancy factors used in the model for each trip purpose to convert the daily person trips to vehicle trips.
5. Use lengths from the respective Skim matrices and multiply to the daily vehicle trips for Drive Alone, Carpool 2, and Carpool 3+ trips to compute daily VMT by purpose. These skim matrix files are “SPMATPK_DA.mtx”, “SPMATPK_SR2.mtx”, “SPMATPK_SR3.mtx”, and similarly for offpeak.
6. Extract the daily VMT sum of productions by each TAZ and by trip purpose.
7. Extract the daily VMT sum of attractions by each TAZ and by trip purpose.
8. Combine the sum of productions by each TAZ for all the Home-Based trip purposes, i.e. “HBWD”, ”HBWS”, ”HBOALL”, ”HBSH”, ”HBSP”, ”HBSC”, ”HBCU”. This will be the Residential VMT for internal trips.
9. Combine the sum of attractions by each TAZ for only the Home-Based-Work trip purposes, i.e. “HBWD”, ”HBWS”. This will be the Work VMT for internal trips.
10. For the external VMT, directly use vehicle trips from the Origin-Destination tables. The files are “AM_OD.mtx”, “PM_OD.mtx”, “MD_OD.mtx”, “NT_OD.mtx”. Combine these vehicle trips to daily trips.
11. Extract daily OD trips sum of productions only for the external vehicle trips.
12. Extract daily OD trips sum of attractions only for the external vehicle trips.
13. Since the OD vehicles trips are for all purposes, multiply the share of Home-Based trip purpose and Home-Based-Work purpose from the mode choice person trips tables to derive the external Residential and Work external trips.
14. Multiply these external trips to the average lengths provided separately by the County.
15. Add external VMT to the internal VMT to get the final VMT for each TAZ.
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APPENDIX F
RIVERSIDE COUNTY TDM MEASURES
#
Transportation
Demand
Management
Measure Description TDM Type
Riverside
County Max
VMT
Reduction
Parking Strategies
3 Parking Cash-Out Provide employees a choice of forgoing current parking for a cash payment to be
determined by the employer. The higher
the cash payment, the higher the
reduction.
Incentive 2.0%
4 Price Workplace
Parking
Implements workplace parking pricing
for employees at employment locations
for all land-use contexts and all types of
development that include employment
where trips originate at home and
terminate at work.
Incentive 5.0%
6 Parking
Management
Strategies
Strategies to encourage efficiency in
parking facilities and improve the quality
of service to parking users
- 3.0%
Transit Strategies
5 Transit Rerouting Coordinate with local transit agency to provide or reroute existing transit
services near the site
Infrastructure 1.0%
6 Transit Stops Coordinate with local transit agency to provide bus stop near the site
Infrastructure 1.0%
7 Safe and Well-Lit
Access to Transit
Enhance the route for people walking or
bicycling to nearby transit (typically offsite). Provide Emergency 911 phones along these routes to enhance safety.
Infrastructure 1.0%
8 Implement
Neighborhood
Shuttle
Implement project-operated or projectsponsored neighborhood shuttle serving residents, employees, and visitors of the
project site
Incentive 3.0%
9 Transit Subsidies Involves the subsidization of transit fare for residents and employees of the
project site. This strategy assumes transit
Incentive 3.0%
Resolution No.10275 establishing the County of Riverside Transportation ... Page 303 of 1319 PAGE 38 | Transportation Analysis Guidelines County of Riverside service is already present in the project
area.
Communication & Information Strategies
10 Mandatory Travel
Behavior Change
Program,
Promotions &
Marketing
Involves the development of a travel
behavior change program that targets
individuals’ attitudes, goals, and travel
behaviors, educating participants on the
impacts of their travel choices and the
opportunities to alter their habits.
Provide a web site that allows employees
to research other modes of
transportation for commuting. Involves
the use of marketing and promotional
tools to educate and inform travelers
about site-specific transportation
options and the effects of their travel
choices with passive educational and
promotional materials.
Incentive 1.0%
11 Promotions &
Marketing
Involves the use of marketing and
promotional tools to educate and inform
travelers about site-specific
transportation options and the effects of
their travel choices with passive
educational and promotional materials.
Incentive 1.0%
Commuting Strategies
12 Required Commute
Trip Reduction
Program
Employee-focused travel behavior
change program that targets individuals’
attitudes, goals, and travel behaviors,
educating participants on the impacts of
their travel choices and the
opportunities to alter their habits.
Incentive 1.0%
13 Employer Sponsored
Vanpool or Shuttle
Implementation of employer-sponsored
employee vanpool or shuttle providing
new opportunities for access to connect
employees to the project site.
Incentive /
Infrastructure
3.0%
14 Preferential Carpool
/ Vanpool Parking
Spaces
Reserved carpool / vanpool spaces
closer to the building entrance.
Infrastructure 1.0%
15 On-site Carts or
Shuttles
Provide on-site cart or shuttle for
employees to travel across campus.
Incentive /
Infrastructure
3.0%
16 Emergency Ride
Home (ERH)
Program
Provides an occasional subsidized ride to
commuters who use alternative modes.
Guaranteed ride home for people if they
need to go home in the middle of the
day due to an emergency or stay late
Incentive 3.0%
Resolution No.10275 establishing the County of Riverside Transportation ... Page 304 of 1319 PAGE 39 | Transportation Analysis Guidelines County of Riverside and need a ride at a time when transit
service is not available.
17 Alternative Work
Schedule or
Telework
(Telecommuting,
Distance-Learning,
etc.)
Flextime, Compressed Work Week
(CWW), staggered shifts, and use of
telecommunications as a substitute for
physical travel.
Incentive 10.0%*
18 On-site Childcare Provides on-site childcare to remove the need to drive a child to daycare at a
separate location.
Infrastructure 2.0%
Shared Mobility Strategies
19 Designated Parking
Spaces for Car Share
Vehicles
Reserved car share spaces closer to the
building entrance.
Infrastructure 1.0%
20 School Carpool
Program
Implements a school carpool program to
encourage ridesharing for students.
Incentive 15.0%
Bicycle Infrastructure Strategies
21 Bike Share Implement bike share to allow people to
have on-demand access to a bicycle, asneeded.
Incentive /
Infrastructure
0.25%
22 Implement/Improve
On-street Bicycle
Facility
Implements or provides funding for
improvements to corridors and crossings
for bike networks identified within a
one-half mile buffer area of the project
boundary, to support safe and
comfortable bicycle travel.
Infrastructure 0.625%
23 Include Bike Parking
in Excess of City
Code
Implements short and long-term bicycle
parking to support safe and comfortable
bicycle travel by providing parking
facilities at destinations
Infrastructure 0.625%
24 Include Secure Bike
Parking and Showers
Implements additional end-of-trip
bicycle facilities to support safe and
comfortable bicycle travel.
Infrastructure 0.625%
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25 Traffic Calming
Improvements
Implements traffic calming measures
throughout and around the perimeter of
the project site that encourage people to
walk, bike, or take transit within the
development and to the development
from other locations.
Infrastructure 1.0%
26 Pedestrian Network
Improvements
Implements pedestrian network
improvements throughout and around
the project site that encourages people
to walk.
Infrastructure 2.0%
Miscellaneous Strategies
27 Virtual Care
Strategies for
Hospitals
Resources to allow patients to access
healthcare services or communicate with
healthcare staff through online or offsite programs.
Infrastructure 6.0%
28 On-site Affordable
Housing
Provides on-site affordable housing. Infrastructure 4.0% * Percentage may be increased if demonstrated by substantial evidence. This may be in the form of published research studies or similar.
Resolution No.10275 establishing the County of Riverside Transportation ... Page 306 of 1319 PAGE 41 | Transportation Analysis Guidelines County of Riverside
APPENDIX G
UNIT-BASED SCREENING THRESHOLDS
FOR SMALL PROJECTS
The Riverside County Greenhouse Gas Emissions Screening Tables document (July 17, 2018) identifies a 3,000 Metric Tons of Carbon Dioxide Equivalent (MTCO2e) per year screening level threshold to identify projects that require the use of the Screening Tables or a project-specific technical analysis to quantify and mitigate project emissions.
The County determined the size of development that is too small to be able to provide the level of greenhouse gas (GHG) emission reductions expected from the Screening Tables or alternate emission analysis method. To do this the County determined the GHG emission amount allowed by a project such that 90 percent of the emissions on average from all projects would exceed that level and be “captured” by the Screening Table or alternate emission analysis method. The GHG emissions calculations from the VMT Tool should be used in conjunction with the County’s GHG emissions screening tables.
California Emissions Estimator Model (CalEEMod version 2016.3.2) was used to determine the maximum number of dwelling units or square footage that would remain within the 3,000 MTCO2e per year screening threshold. CalEEMod is a statewide land use emissions computer model designed to quantify potential criteria pollutant emissions associated with both construction and operations from a variety of land use projects. This model was selected because it is provided by the California Air Resources Board (CARB) to be used statewide for developing project-level GHG emissions. CalEEMod was used with the built-in default trip lengths and types.
CalEEMod runs were conducted for a variety of land uses in order to determine the land use units that trigger SCAQMD threshold of 3,000 MT CO2e/year, as well the CO2e emissions on a per-unit (dwelling unit or thousand square feet) rate that could be used in the VMT Tool. The land uses and corresponding CO2e emissions rates are shown in Table 1.
Resolution No.10275 establishing the County of Riverside Transportation ... Page 307 of 1319 PAGE 42 | Transportation Analysis Guidelines County of Riverside Table 1 - Land Uses and CO2e Emissions Rates
Land Use DU or TSF Total MTCO2e MTCO2e per DU or TSF
Single Family 110 2,997 27.25
Multi-Family (low-rise) 147 2,989 20.34
Multi-Family (mid-rise) 194 2,997 15.45
General Office Building 165 2,989 18.11
Retail 60 2,983 49.72
Warehouse (Unrefrigerated) 208 2,995 14.40
General Light Industrial 179 2,997 16.74
DU = dwelling unit, TSF = Thousand Square Feet
CalEEMod relies on known emissions data associated with certain activities or equipment (i.e. default values) that can be used if site-specific information is not available. CalEEMod contains default values to use in each specific local air district region or county. Input values were selected to be specific to the South Coast portion of Riverside County as the majority of future development that would utilize the screening thresholds is anticipated in this area of the County.
The following outlines the assumptions used in the CalEEMod calculations:
CalEEMod uses Institute of Transportation Engineers (ITE) 9th Edition daily trip generation rates by default. Modeling for the VMT Tool updated CalEEMod defaults to use ITE 10th Edition rates.
Rural trip lengths are longer than urban trip lengths and were conservatively used. The CalEEMod mobile source (vehicle) emissions are based on emissions rates from CARB’s EMissions FACtor Model (EMFAC). The CalEEMod default EMFAC2014 emissions rates were updated with EMFAC2017 emissions rates, which are the latest available from CARB. The CalEEMod carbon intensity factor was adjusted within the model to represent Southern California Edison’s (SCE) current emissions rate. The electricity emission intensity factor in CalEEMod was revised to use the SCE’s reported rate in their 2018 Corporate Responsibility and Sustainability Report. As of 2017, SCE’s power mix was at 32 percent renewable energy and will be required to achieve the 60 percent renewable energy goal by 2030 established by SB 100.
Energy savings from water conservation resulting from the Green Building Code Standards for indoor water use and California Model Water Efficient Landscape Ordinance for outdoor water use are not included in CalEEMod. Conservatively, no updates were made to CalEEMod to account for these measures.
The 2019 Building Energy Efficiency Standards (adopted on May 9, 2018) took effect on January 1, 2020. Under the 2019 standards, homes would use about 53 percent less energy and
Resolution No.10275 establishing the County of Riverside Transportation ... Page 308 of 1319 PAGE 43 | Transportation Analysis Guidelines County of Riverside nonresidential buildings would use about 30 percent less energy than buildings under the 2016 standards. Conservatively, no updates were made to CalEEMod to account for these reductions under the 2019 Building Energy Efficiency Standards.
Resolution No.10275 establishing the County of Riverside Transportation ... Page 309 of 1319 City of Indio
City Council
April 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Approve Amendment No. 1 to the Professional Services Agreement with Tilden-Coil Constructors for Construction Management and General Conditions for the Public Safety Campus in the not to exceed amount of $3,470,829.
RECOMMENDATION:
Approve Amendment No. 1 to the Professionl Services Agreement with Tilden-Coil Constructors for Construction Management and General Conditions for the Public Safety Campus in the not to exceed amount of $3,470,829.
SUMMARY:
In June 2021, Tilden-Coil Constructors was hired to assist with pre-construction management services for the Public Safety Campus. They were only to proceed into the construction phase services upon satisfactory completion of the pre-construction phase services, of which they have done a stellar job.
Therefore, this Amendment adds a Construction Management Services Fee of $1,684,373 as well as General Conditions of $1,786,456 for a total amount of $3,470,829.
BACKGROUND INFORMATION:
In March 2021, City staff released a Request for Quote (RFQ) seeking aqualified consultant to perform professional consulting to manage the pre-construction of the Public Safety Campus project. The qualified consultant would provide professional pre-construction management services to help manage, plan, and execute the pre-construction of the Public Safety Campus. Due to the complexity of essential service facilities, experience in managing, planning, design, and construction of these types of facilities, specifically police and fire stations, was an essential criterion for the City.
With over 80 years of experience in educational, institutional, commercial and industrial facilities throughout Southern California, Tilden-Coil Constructors was selected as the pre-construction management consultant that will represent the City in all matters related to the evaluation, development and definition of scope and schedule to improve functions and facilities for the Public Safety Campus. Tilden-Coil will only proceed into the construction phase services upon satisfactory completion of the pre-construction phase services of which they went above and beyond.
The Public Safety Campus consists of a fire station, a one-story communication dispatch center, and a two-story public safety servicesbuilding, which will serve both fire and police services such as code enforcement, property and evidence, and fire prevention services. Naturally, Tilden-Coil will take into consideration the final buildout of the site that will include the new police station headquarters.
AGENDA ITEM #8.12
Approve Amendment No. 1 to the Professional Services Agreement with Tild... Page 310 of 1319 Additionally, Tilden-Coil coordinates with pertinent City stakeholders, while obtaining their participation and commentary throughout the definition and program development of the projects under evaluation. They also arrange, chair and create minutes of all project related meetings.
In coordination with Holt Architects and the City, Tilden-Coil provides scheduling services, estimating services and other professional services necessary to accurately develop cost and scheduling impacts of proposed alternatives. If any third-party consultants are deemed necessary for project purposes, Tilden-Coil assists the City in their solicitation and contracting and manage their work, deliverables and invoice approvals for payment.
Staff recommends approval of Amendment No. 1 with Tilden-Coil Constructors to include Construction Management and General Conditions.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$1,000,000 In current year budget: Yes
Current FY General
Fund Impact:
$1,000,000 Budget adjustment: No
Next FY Financial
Impact:
$2,470,829 Strategic Objective: Public Safety
Source of funds: Lease Revenue Bonds and
General Fund (Measure X)
Fund-Org-Object
Reference:
102 and Lease Revenue
Bonds
ALTERNATIVES:
Not approve the amended agreement.
ATTACHMENTS:
Tilden-Coil Amendment No.1
APPROVAL(S):
Roxanne Diaz, City Attorney Approved - 14 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022
Approve Amendment No. 1 to the Professional Services Agreement with Tild... Page 311 of 1319 Amendment No.1 – Consultant Agreement | Indio Public Safety Campus 1 of 4
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
FOR PUBLIC SAFETY CAMPUS
This Amendment No.1 is dated March 24, 2022 and is between the City of Indio (“City”) and Tilden-Coil Constructors, Inc. (“Consultant”) (collectively “Parties”).
RECITALS
Pursuant to that certain Professional Services Agreement for Public Safety Campus dated June 16, 2021 (the “Agreement”);
The City and Consultant desire to enter into this Amendment to authorize the Consultant to commence Construction Phase Services and to increase the compensation pursuant to Exhibit B of the Agreement;
The Parties hereby agree to amend the said Agreement in accordance with the terms and conditions contained in this Amendment;
The Parties therefore agree as follows:
AGREEMENT
1. Defined Terms. Defined terms used but not defined in this Amendment are as defined in the Agreement.
2. Section 3 Compensation. Paragraph 3.A Compensation is hereby amended by removing reference to $78,000 and replacing it with the new amount of $3,548,829 which is inclusive of preconstruction $78,000, Construction Management Fee $1,684,373 and General Conditions $1,786,456.
3. Amendment to Exhibit A. Exhibit A of the Agreement is hereby amended by adding the following scope of services pertaining to the construction phase:
i. CPM Schedule Maintenance. Maintain a detailed and date specific CPM schedule. Continue to update the CPM construction schedule and distribute to the appropriate parties.
ii. Budget Control and Maintenance. Prepare cumulative project budget reports updated regularly with the latest construction cost and soft cost data. iii. Storm Water Pollution Plan. Ensure that Storm Water Pollution Prevention Plan is initiated, and maintained.
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iv. Schedule of Values. Review and reconcile each contractor’s schedule of values for each of the activities included in the construction schedule. Incorporate this report into the project standard billing package and use as the basis for all future progress payments during the construction phase.
v. Monthly Billing Procedures. Generate a standard billing process and confirm billing information from the contractors. Review and obtain Inspector and Architect approvals. Forward monthly contractor billing packages to the City. vi. Safety Programs. To the extent required by OSHA or any other public agency, obtain each Contractor’s safety programs and monitor their implementation along with any necessary safety meetings. Construction Manager’s responsibilities for monitoring of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors.
vii. Conduct Pre-Construction Conference. Conduct pre-construction conference for the benefit of the successful contractors. Provide information with regard to reporting procedures and site rules and regulations prior to the start of construction. viii. Project Record Documents. Coordinate and expedite all activities in connection with the contractors’ obligation to provide “as-built” documents. Ensure that all as-builts are incorporated into a single set of Project Record Documents. ix. Document Control. Establish and implement procedures for submittals, change orders, and requests for information. Maintain logs, files, and other necessary documentation.
x. Building Information Modeling. Conduct trade coordination meetings with the contractors within the Building Information Model, including incorporation of shop drawings within the model.
xi. Shop Drawings & Submittals. Review and monitor the status of shop drawings and related correspondence.
xii. Administration of the Construction Contracts. Management and Supervision:
Manage, supervise and coordinate all construction activities in accordance with the Construction Documents and project schedule. Provide full-time onsite management of the project as necessary. Ensure that City requirements regarding certified payrolls and subcontractor and material supplier releases are carried out. xiii. Change Order Review. Establish and implement a change order processing system that provides review of scope, price, and added contract time. xiv. Contractor Claims. Evaluate and mitigate all claims for additional cost or time due to any alleged cause.
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xv. Project Meetings. Coordinate and attend weekly job-site progress meetings with the City, Architect, Inspector, and Prime Contractors if and when needed. xvi. Insurance Certificates. Monitor Prime Contractor insurance certificates for coverages, endorsements, limits, and expiration dates.
xvii. Relocation. Coordinate the arrival and installation of any City furnished materials and FF&E. Provide coordination schedules for user relocation if needed. xviii. User Training. Schedule and document all City training sessions. Arrange for supplementary information where needed. Arrange for Manufacturers to conduct training for maintenance and operations staff
xix. Punch lists. Develop punch list of defective work. Create a punch list schedule for completion. Verify completion of punch list items.
xx. Submit As-Builts. Review contractual requirements for As-Built Documents and crate procedures.
xxi. Project Closeout and Warranties. Create Operation and Maintenance Manuals.
Compile all contractor turn-over items and deliver to the City. Process and coordinate all post construction project warranty and guarantee claims xxii. Final Lean Releases. Verify requirements in the Construction Documents.
4. Amendment to Exhibit B. Exhibit B of the Agreement is hereby amended by revising the second paragraph (Construction Phase Services (Markup)) to read as follows, and by adding the new paragraph below entitled “General Conditions”:
Construction Phase Services (Markup)
Construction Management fee shall be 3.95% of the final sum of prime contracts.
The sum of prime contracts at the time of bid is $42,642,358 and the Construction Management fee shall be $1,684,373.
General Conditions
The fixed general conditions budget for the project shall be $1,786,456 which is based upon 22 months of construction and one month of closeout. The General Conditions are attached hereto as Exhibit D.
5. Addition of Exhibit D. The new Exhibit D, General Conditions budget, attached hereto, shall be added to the Agreement.
6. Terms and Conditions. The parties agree that all of the terms and conditions of the Agreement, not amended by this Amendment, shall remain in full force and effect.
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7. Entire Agreement. The Agreement, as amended by this Amendment, contains the entire agreement of the parties hereto with respect to the subject matter hereof. This Amendment may not be modified, changed or terminated, in whole or in part, in any manner other than by an agreement in writing signed by duly authorized representatives of the Parties.
The parties are signing this agreement on the date stated in the introductory clause.
THE CITY OF INDIO
By:
Name:
Title:
TILDEN-COIL CONSTRUCTORS, INC.
By:
Name:
Title:
Approve Amendment No. 1 to the Professional Services Agreement with Tild... Page 315 of 1319 1 / 3
Original: 03/28/22
Update:
Printed on: 03/28/22
Construction Closeout
Public Safety Campus Days 665
City of Indio Weeks 95 5
Months 22 1
Description Qty Unit Unit Cost Total
General
Conditions
Owner
Expense
Direct Cost
of the Work
Construction Supervision
Project Executive (10%) 10 wk $ 6,655 $ 66,552 x
Production Director (5%) 5 wk $ 6,582 $ 32,912 x
Safety Officer (5%) 5 wk $ 4,888 $ 24,442 x
Sr. Project Manager wk $ 5,040 $ - x
Sr. Superintendent wk $ 5,040 $ - x
Project Manager (Full Time) 100 wk $ 4,598 $ 459,800 x
Assistant Project Manager wk $ 4,066 $ - x
Superintendent (Full Time) 95 wk $ 4,695 $ 446,006 x
Area/Assistant Superintendent wk $ 3,872 $ - x
Sr. Project Engineer wk $ 3,872 $ - x
Project Engineer (Full Time) 100 wk $ 3,600 $ 360,000 x Scheduler wk $ 4,800 $ - x
BIM Manager wk $ 6,000 $ - x
BIM Specialist 15 wk $ 5,184 $ 77,760 x
BIM Technician wk $ 4,640 $ - x
Survey wk $ 5,184 $ - x
Preconstruction Manager wk $ 4,598 $ - x
Estimator wk $ 3,557 $ - x
Preconstruction Coordinator wk $ 2,044 $ - x
Labor Compliance Coordinator wk $ 2,420 $ - x
Accountant wk $ 3,630 $ - x
Sr. Project Administrator wk $ 2,620 $ - x
Project Administrator (1/2 Time) 50 wk $ 2,322 $ 116,100 x Project Engineer Intern 12 wk $ 1,332 $ 15,984 x
Field Labor wk $ 3,485 $ - x
Post-Construction / Closeout Expenses (add labor above) LEED Certification Submittals wk $ - $ -
Owner Training wk $ - $ - x
Post-Occupancy Maintenance wk $ - $ - x
Warranty Labor wk $ - x
Construction Materials/Expenses
Site Management
Recycling/Trash Dumpster Removal / Hauling
(TCC Only) 0 mo $ 550 $ - x
Final Clean Up $ 0.8 $ - x
Safety Measures 1 ls $ 2,500 $ 2,500 x x
Safety Equipment 1 ls $ 500 $ 500 x x
Fire Prevention Equipment (Fire Extinguishers) 1 ls $ 500 $ 500 x x Traffic Control / Signage $ - x
Dust Control $ - x
Construction Water $ - x
Hydrant Meters mo $ - x
SWPPP Implementation $ - x
GENERAL CONDITIONS ESTIMATE
EXHIBIT D
AGENDA ITEM #8.12
Approve Amendment No. 1 to the Professional Services Agreement with Tild... Page 316 of 1319 2 / 3
Original: 03/28/22
Update:
Printed on: 03/28/22
Construction Closeout
Public Safety Campus Days 665
City of Indio Weeks 95 5
Months 22 1
Description Qty Unit Unit Cost Total
General
Conditions
Owner
Expense
Direct Cost
of the Work
GENERAL CONDITIONS ESTIMATE
Rumble Plates mo $ 125 x
QSP Owner Reporting (weekly/quarterly/annual) $ - x
Weather Protection $ - x
Temporary Heating $ - x
Caretaker/Security $ - x
Temporary Fencing & gates $ - x
K-rail x
Parking Fees x
Vandalism/Graffiti Repair x
Temporary Facilities & Storage
Office Trailer Rental & Expenses 22 mo $ 750 $ 16,500 x Office Trailer Mobilization & Set up & tear down 2 ea $ 5,000 $ 10,000 x Office Trailer Alarm (includes commissioning) 22 mo $ 100 $ 2,200 x Storage Bins mo x
Project Signs 1 allow $ 1,500 $ 1,500 x
Temporary Utilities & Services
Temp Power / Poles & Connection mo $ - x
Monthly Power mo $ - x
Toilets / Hand Wash mo $ 1,200 $ - x
Temp Lighting ls $ 2,500 $ - x
Extend Temp Utilities $ - x
Equipment & Fuel
Management Fuel 200 wk $ 150 $ 30,000 x
Supervision Fuel 95 wk $ 150 $ 14,250 x
Equipment Fuel $ - x
Small Tools/Equipment Repair $ - x
Equipment Rental $ - x
Specialty Services
Blueprints/Plans (Printing) 1 ls $ 5,000 $ 5,000 x
Blueprints/Plans (Electronic Conversion/Software) $ - x Photos/Video $ - x
Web Camera $ - x
Surveying $ - x
C.P.M. Schedule Incl. x
Material Testing $ - x
Special Inspections $ - x
Soils Testing $ - x
Electronic File Archiving $ - x
Communication Services
Project Telephones / Internet 22 mo $ 400 $ 8,800 x
Cellular Phones 22 mo $ 225 $ 4,950 x
Mobile/In Field Computing (tablets) 22 mo $ 125 $ 2,750 x Project Management System $ - x
Systems Installation/Network Config. (Trailer) 1 ls $ 1,000 $ 1,000 x
EXHIBIT D
AGENDA ITEM #8.12
Approve Amendment No. 1 to the Professional Services Agreement with Tild... Page 317 of 1319 3 / 3
Original: 03/28/22
Update:
Printed on: 03/28/22
Construction Closeout
Public Safety Campus Days 665
City of Indio Weeks 95 5
Months 22 1
Description Qty Unit Unit Cost Total
General
Conditions
Owner
Expense
Direct Cost
of the Work
GENERAL CONDITIONS ESTIMATE
Office Equipment
Computers - Hardware/software/server 22 mo $ 1,200 $ 26,400 x Office Copier 22 mo $400 $ 8,800 x
Office Furnishings 22 mo $ - $ - x
Office Supplies 22 mo $ 175 $ 3,850 x
Office Cleaning mo $ - $ - x
Drinking Water 22 mo $ 50 $ 1,100 x
Postage/Shipping 22 mo $ 150 $ 3,300 x
Travel Expenses
Meetings $ - x
Promotion Expenses $ - x
Travel/Lodging $ - x
Meals $ - x
Soft Costs
Owner Purchases $ - x
Insurance $ 42,000 x
Permits/Fees/Licenses $ 1,000 x x
Total General Conditions Estimate $ 1,786,456
Construction Cost $ 42,642,358
GCs/mo $81,203
EXHIBIT D
AGENDA ITEM #8.12
Approve Amendment No. 1 to the Professional Services Agreement with Tild... Page 318 of 1319 City of Indio
City Council
April 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Award twenty-three contracts to the individual contractors listed in each bid category for the amounts listed therein as set forth in the Bid Summary Letter on file with the City Clerk and attached to agenda report for the Public Safety Campus Project in the total aggregate amount of $42,642,358.
RECOMMENDATION:
Award twenty-three contracts to the individual contractors listed in each bid category for the amounts listed therein as set forth in the Bid Summary Letter on file with the City Clerk and attached to this agenda report for the Public Safety Campus Project in the total aggregate amount of $42,642,358 and authorize the City Manager to execute all documents necessary to enter into the contracts, including any necessary amendments thereto, not to exceed the total aggregate amount.
SUMMARY:
On February 9 and February 16, 2022, the City published the Notice Inviting Bids for the construction of Public Safety Campus Project. Subsequently on March 15, 2022, bid openings were conducted and the City received over 115 proposal submissions. The cost of the project came in near initial projections. The costs include three new buildings: Police Dispatch Center (7,336 sf), Fire Station (13,445 sf), and a Public Safety Services building (22,596 sf) that will house both fire and police personnel.
BACKGROUND INFORMATION:
In 2019 the City embarked upon architectural and engineering services for the management, planning, and design of the Public Safety Campus with Holt Architecture. In 2021, Tilden-Coil Constructors was brought on board to assist with pre-construction management services. Since the inception of the project, the City has successfully navigated through the following phases: preliminary design, schematic design, entitlements, plan check, and now the Notice Inviting Bids. Therefore, the only outstanding action is to award the 23 construction contracts in order to begin construction.
The overall construction schedule is projected to be 22 months, beginning in June 2022 and concluding in the Spring of 2024.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$800,000 In current year budget: Yes
Current FY General
Fund Impact:
$800,000 Budget adjustment: No
AGENDA ITEM #8.13
Award twenty-three contracts to the individual contractors listed in eac... Page 319 of 1319 Next FY Financial
Impact:
$30,000,000 Strategic Objective: Public Safety
Source of funds: 2022 Lease Revenue Bonds and
General Fund (Measure X)
Fund-Org-Object
Reference:
102 and Lease Revenue
Bonds
ALTERNATIVES:
Not award the twenty-three contracts for the Public Safety Campus.
ATTACHMENTS:
Public Safety Campus - Summary of Construction Awards
Public Safety Campus - Prime Contract Package
APPROVAL(S):
Roxanne Diaz, City Attorney Approved - 14 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022
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Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Crew, Inc. SJD&B, Inc. Southern California
Grading, Inc.
BID FORM
Base Bid Amount $ 3,614,800.00 3,184,000.00 $ 3,900,000.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 696291, 09/30/2022, C12, C31, C21, A
1001950, 03/31/2023,
A, B, C12
275738, 02/29/2024,
A, C12
City - Business Located In? Rancho Dominguez Walnut Irvine Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000000685, 06/30/22
1000030237,
06/30/22 100002461, 06/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal (pg.23) Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? No- Missing location
on all subcontractors Yes Yes
Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Hanover Insurance
Company (The), 2097-
4 Great American
Insurance Company,
1301-1
Hartford Fire
Insurance Company,
0085-1
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? N/A N/A N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP01 - Site Demo, Earthwork (A)
Award twenty-three contracts to the individual contractors listed in eac... Page 327 of 1319 Bidder's Name Crew, Inc. SJD&B, Inc. Southern California Grading, Inc.
Subcontractor 1 Bravo Concrete Engineering and Environmental T3 Contractors Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2 Acuna Corp X10 Group Condon-Johnson & Associates Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 3 BMP Solutions SJ Grigolla Construction Hardy & Harper Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 4 ADEP Precision Contracting Plump Engineering ABC Resources, Inc.
Lic # Verified Yes N/A Yes
DIR # Verified Yes Yes Yes
Subcontractor 5 Pacific Land Surveying Professional Abestos Removal Lic # Verified N/A Yes
DIR # Verified Yes Yes
Subcontractor 6 Keller North America
Lic # Verified Yes
DIR # Verified Yes
BP01 - Site Demo, Earthwork (A)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 328 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Bogh Engineering, Inc. Hamel Concrete, Inc. KAR Construction, Inc.
BID FORM
Base Bid Amount $ 1,821,000.00 1,781,900.00 $ 1,823,000.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 788915, 12/31/2022, A, C-8, B, C29, C30
1011533, 02/29/2024,
A, B, C-8
595709, 06/30/2022,
B, C-8
City - Business Located In? Beaumont Murrieta Ontario
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000000953, 06/30/23
1000035646,
06/30/22
1000000930,
06/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Arch Insurance
Company, 3005-6
North American
Specialty Insurance
Company, 3208-6
Travelers Casualty
and Surety Company
of America, 2444-8
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes N/A Yes
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP02 - Concrete: Structural (C8)
Award twenty-three contracts to the individual contractors listed in eac... Page 329 of 1319 Bidder's Name Bogh Engineering, Inc. Hamel Concrete, Inc. KAR Construction, Inc.
Subcontractor 1 URSTEEL Inc. Surfacing Solutions ACP Blason LLC Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2 Next Century Rebar Upland Contarcting
Lic # Verified Yes Yes
DIR # Verified Yes Yes
Subcontractor 3
Lic # Verified
DIR # Verified
BP02 - Concrete: Structural (C8)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 330 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Winegardner Masonry
Inc. Majestic Masonry Inc. NuWay, Inc.
BID FORM
Base Bid Amount $ 847,167.00 845,805.00 $ 862,200.00 $
Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 390895, 06/30/2022, C29 458955, 8/31/22, C29 665872, 3/31/23, C29,C8
City - Business Located In? Yucaipa Upland Riverside
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000001526, 06/30/22 1000005527, 6/30/24 1000000598, 6/30/22 Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? None None None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? N/A N/A N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Ohio Casualty
Insurance Company
(The), 5133-4
Granite Re, Inc ,
6204-2
Harco National
Insurance Company,
3711-9
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? N/A N/A Yes
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP03 - Masonry (C29)
Award twenty-three contracts to the individual contractors listed in eac... Page 331 of 1319 Bidder's Name Winegardner Masonry Inc. Majestic Masonry Inc. NuWay, Inc.
Subcontractor 1 None None None
Lic # Verified N/A N/A N/A
DIR # Verified N/A N/A N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP03 - Masonry (C29)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 332 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
KCB Towers Inc Canyon Steel
Fabricators, Inc.
McMahon Steel
Company, Inc.
BID FORM
Base Bid Amount $ 3,183,000.00 3,113,395.00 $ 3,297,931.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 503206, 12/31/2022, C51, C13 911436, 2/29/26, C51 779638, 5/31/22, C51
City - Business Located In? Highland Fontana Chula Vista Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000001570, 06/30/22 1000009451, 6/30/22 1000000442, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Ohio Casualty
Insurance Company
(The), 5133-4
Old Republic Surety
Company, 3254-0
Argonaut Insurance
Company, 1523-0
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes Yes N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP04 - Structural Steel & Decking (C51)
Award twenty-three contracts to the individual contractors listed in eac... Page 333 of 1319 Bidder's Name KCB Towers Inc Canyon Steel Fabricators, Inc. McMahon Steel Company, Inc.
Subcontractor 1 Jaysco The McIntyre Company A
California Partnership Anning-Johnson Company
Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP04 - Structural Steel & Decking (C51)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 334 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
K & Z Cabinet Co., Inc. Stolo Cabinets, Inc. Spooner's Woodworks, Inc.
BID FORM
Base Bid Amount $ 353,200.00 347,210.00 $ 429,680.00 $
Number & Written Values Match Yes Yes Numerical does not match written portion
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 319196, 08/31/2023, C-6
267920, 08/31/2022,
B, C-6
672108, 05/31/2023,
C-6, C61/D28
City - Business Located In? Ontario Brea Poway
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000404685, 06/30/22
1000004779,
06/30/22
1000004870,
06/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Hanover Insurance
Company (The), 2097-
4 Western Surety
Company, 0761-7
U.S. Specialty
Insurance Company,
3220-1
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes Yes N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP05 - Finish Carpentry & Casework (C6)
Award twenty-three contracts to the individual contractors listed in eac... Page 335 of 1319 Bidder's Name K & Z Cabinet Co., Inc. Stolo Cabinets, Inc. Spooner's Woodworks, Inc.
Subcontractor 1 GW Surfaces GW Surfaces California Crafted Marble Inc Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2 Dale Hinrichs Custom Installations
Lic # Verified Yes
DIR # Verified Yes
Subcontractor 3
Lic # Verified
DIR # Verified
Subcontractor 4
Lic # Verified
DIR # Verified
Subcontractor 5
Lic # Verified
DIR # Verified
BP05 - Finish Carpentry & Casework (C6)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 336 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Commercial Roofing
Systems, Inc. -
withdrew
Danny Letner, Inc dba
Letner Roofing
Company
Courtney, Inc.
BID FORM
Base Bid Amount $ 2,165,000.00 1,870,000.00 $
Number & Written Values Match Yes Yes
Addenda - Acknowledged (3) Yes Yes
California License #, Expiration, License Classification 689961, 06/30/2022, B, C39, C43
699236, 11/30/2022,
C-8, C33, C39,
C61/D12
City - Business Located In? Orange Irvine
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000002763, 06/30/22
1000007792,
06/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? None None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? N/A N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Western Surety
Company, 0761-7
Liberty Mutual
Insurance Company,
1022-3
Power of Attorney Attached? Yes Yes
Certificate of Authority Authorization Attached? N/A N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes
Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes
Site Conditions Certification Yes Yes
BP06 - Roofing & Waterproofing (C39)
Award twenty-three contracts to the individual contractors listed in eac... Page 337 of 1319 Bidder's Name Commercial Roofing Systems, Inc.
- withdrew
Danny Letner, Inc dba Letner
Roofing Company Courtney, Inc.
Subcontractor 1 None None
Lic # Verified N/A N/A
DIR # Verified N/A N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP06 - Roofing & Waterproofing (C39)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 338 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Challenger Sheet
Metal, Inc.
Danny Letner, Inc dba
Letner Roofing
Company
Best Contracting
Services Inc.
BID FORM
Base Bid Amount $ 1,626,000.00 1,427,000.00 $ 1,677,000.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 525782, 03/31/2024, C39, C43
689961, 06/30/2022,
B, C39, C43
456263, 05/31/2022,
A, B, C17, C39, C43
City - Business Located In? Santee Orange Gardena
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000001937, 06/30/22
1000002763,
06/30/22
1000000563,
06/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? None None None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? N/A N/A N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Markel Insurance
Company, 3601-2
Western Surety
Company, 0761-7
Hanover Insurance
Company (The), 2097-
4 Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? N/A N/A N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP07 - Sheet Metal & Cladding (C43)
Award twenty-three contracts to the individual contractors listed in eac... Page 339 of 1319 Bidder's Name Challenger Sheet Metal, Inc. Danny Letner, Inc dba Letner Roofing Company Best Contracting Services Inc.
Subcontractor 1 None None None
Lic # Verified N/A N/A N/A
DIR # Verified N/A N/A N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP07 - Sheet Metal & Cladding (C43)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 340 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Construction Hardware
Co.
Montgomery Hardware
Co.
Whitehead
Construction, Inc.
BID FORM
Base Bid Amount $ 542,600.00 535,000.00 $ 619,000.00 $
Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 515824, 08/31/2023, C-7, C28, C61/D28
285746, 2/29/24,
C61/D16,C61/D24,
C61/D28,B
879992,
6/30/22,B,C17,
C61/D16,C28,
C61/D24,C61/D28
City - Business Located In? Pomona Rancho Cucamonga Riverside Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000000757, 06/30/22 1000003532, 6/30/22 1000008069, 6/30/24
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Ohio Casualty
Insurance Company
(The), 5133-4
Great American
Insurance Company,
1301-1
Markel Insurance
Company, 3601-2
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes N/A N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP08 - Doors, Frames & Hardware (C28,D16 or D28)
Award twenty-three contracts to the individual contractors listed in eac... Page 341 of 1319 Bidder's Name Construction Hardware Co. Montgomery Hardware Co. Whitehead Construction, Inc.
Subcontractor 1 Solid Door Installations JLM Installations, Inc None Lic # Verified Yes Yes N/A
DIR # Verified Yes Yes N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP08 - Doors, Frames & Hardware (C28,D16 or D28)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 342 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Best Contracting
Services Inc. -
withdrew
Queen City Glass Co. Velocity Glazing, Inc.
BID FORM
Base Bid Amount $ 1,272,877.00 900,018.00 $ 1,380,000.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 456263, 05/31/2022, A, B, C17, C39, C43
289252, 04/30/2024,
C17
1016618, 07/31/2022,
C17
City - Business Located In? Gardena Murrieta Escondido
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000000563, 06/30/22
1000001153,
06/30/22
1000041885,
06/30/23
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? None Yes None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? N/A Yes N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Hanover Insurance
Company (The), 2097-
4 Everest Reinsurance
Company, 2259-0
Ohio Casualty
Insurance Company
(The)
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? N/A Yes N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP09 - Aluminum & Glazing (C17)
Award twenty-three contracts to the individual contractors listed in eac... Page 343 of 1319 Bidder's Name Best Contracting Services Inc. Queen City Glass Co. Velocity Glazing, Inc.
Subcontractor 1 None Triton Glass None
Lic # Verified N/A Yes N/A
DIR # Verified N/A Yes N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP09 - Aluminum & Glazing (C17)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 344 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Bogh Engineering, Inc. RVH Constructors, Inc. Hamel Contracting, Inc.
BID FORM
Base Bid Amount $ 2,741,000.00 2,675,000.00 $ 2,792,008.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 788915, 12/31/2022, A, C-8, B, C29, C30
818630, 04/30/2023,
B, C-2, C61/D34
919635, 12/31/2022,
A, B, C-8
City - Business Located In? Beaumont Tustin Murrieta
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000000953, 06/30/23
1000007877,
06/30/23
1000001863,
06/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Arch Insurance
Company, 3005-6
Old Republic Surety
Company, 3254-0
North American
Specialty Insurance
Company, 3208-6
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes Yes N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP10 - General Package (B)
Award twenty-three contracts to the individual contractors listed in eac... Page 345 of 1319 Bidder's Name Bogh Engineering, Inc. RVH Constructors, Inc. Hamel Contracting, Inc.
Subcontractor 1 Woods Commercial Door Woods Commercial Door Grid Iron Services Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2 Smoke Guard Smoke Guard National Garage Door Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 3 Sunbelt Flooring Sunbelt Flooring Acevedo Builders Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 4 Pugliese Interior Systems Pugliese Interior Systems Eastridge Engineering & Construction
Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 5 YTI Enterprises Choice Builders Solutions L2 Specialties Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 6 Partition Specialties Herk Edwards YTI Enterprises Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 7 Contract Decor Premier Culinary Solutions Premier Culinary Solutions Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
BP10 - General Package (B)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 346 of 1319 Bidder's Name Bogh Engineering, Inc. RVH Constructors, Inc. Hamel Contracting, Inc.
BP10 - General Package (B)
Designation of Subcontractors Form - Detailed Review
Subcontractor 8 Schindler Elevator Schindler Elevator Contract Decor Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 9 Diverse Janitorial Contract Decor California Facility Specialties Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 10 Rendy's Cleaning Service Kone Inc.
Lic # Verified Yes Yes
DIR # Verified Yes Yes
Subcontractor 11 Compass Builders Smoke Guard
Lic # Verified Yes Yes
DIR # Verified Yes Yes
Subcontractor 12 Gormley Specialties Hamel Interiors
Lic # Verified Yes Yes
DIR # Verified Yes Yes
Subcontractor 13 Avidex Industries LLC
Lic # Verified Yes
DIR # Verified Yes
Award twenty-three contracts to the individual contractors listed in eac... Page 347 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Sierra Lathing
Company Inc.
Infinity Drywall
Contracting Caston, Inc.
BID FORM
Base Bid Amount $ 5,595,549.00 5,484,480.00 $ 6,378,585.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 198103, 07/31/2022, C-9, C35
886097, 10/31/2022
C-9, C35
502789, 8/31/22, C-9,
C35
City - Business Located In? Rialto Anaheim San Bernardino Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000004676, 06/30/22
1000005114,
06/30/24 1000001222, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile United Fire & Casualty
Company, 2416-6
Liberty Mutual
Insurance Company
1022-3
Liberty Mutual
Insurance Company
1022-3
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes Yes Yes
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP11 - Framing, Drywall & Plaster (C9 & C35)
Award twenty-three contracts to the individual contractors listed in eac... Page 348 of 1319 Bidder's Name Sierra Lathing Company Inc. Infinity Drywall Contracting Caston, Inc.
Subcontractor 1 A Lopez & Sons Inc Commercial Scaffolding Dittemore Insulation Contractors Inc
Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2 Versatile Coatings Inc Versatile Coatings Inc Lic # Verified Yes Yes
DIR # Verified Yes Yes
Subcontractor 3 Dittemore Insulation Dittemore Insulation Contractors Inc
Lic # Verified Yes Yes
DIR # Verified Yes Yes
BP11 - Framing, Drywall & Plaster (C9 & C35)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 349 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
CG Acoustics, Inc. Elljay Acoustics, Inc. Preferred Ceilings, Inc.
BID FORM
Base Bid Amount $ 549,047.00 529,930.00 $ 644,700.00 $
Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 951228, 03/31/2024, C-2, B
1082089, 10/31/23,
C-2
705630, 4/30/23
C-2
City - Business Located In? Winchester Placentia Brea
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000039217, 06/30/24 1000830324, 6/30/22 1000001964, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? None None None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? N/A N/A N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile U.S. Specialty
Insurance Company,
3220-1
Everest Reinsurance
Co.
2259-0
Merchants Bonding
Co.
2482-8
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? N/A Yes Yes
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP12 - Acoustical Ceiling & Treatment (C2)
Award twenty-three contracts to the individual contractors listed in eac... Page 350 of 1319 Bidder's Name CG Acoustics, Inc. Elljay Acoustics, Inc. Preferred Ceilings, Inc.
Subcontractor 1 None None None
Lic # Verified N/A N/A N/A
DIR # Verified N/A N/A N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP12 - Acoustical Ceiling & Treatment (C2)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 351 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Progressive Surface
Solutions LLC
Continental Flooring,
Inc.
Pro Installations, Inc
dba Prospectra
Contract Flooring
BID FORM
Base Bid Amount $ 313,103.00 301,410.00 $ 337,200.00 $
Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 929883, 08/31/2022,
C54, C61/D12, C15,
C61/D34, C61/D06,
C61/D50, C61/D03
571581, 6/30/23
C15
740392, 9/30/22
C15
City - Business Located In? Tustin Rancho Cucamonga Cerritos Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000042517, 06/30/22 1000002449, 6/30/22 1000002810, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? None None None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? N/A N/A N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Harco National
Insurance Company,
3711-9
Washington
International
Insurance Co.
2401-8
Endurance Assurance
Corp.
5082-3
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes Yes Yes
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP13 - Finish Flooring (C15)
Award twenty-three contracts to the individual contractors listed in eac... Page 352 of 1319 Bidder's Name Progressive Surface Solutions
LLC Continental Flooring, Inc. Pro Installations, Inc dba Prospectra Contract Flooring Subcontractor 1 None None None
Lic # Verified N/A N/A N/A
DIR # Verified N/A N/A N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP13 - Finish Flooring (C15)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 353 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Progressive Surface
Solutions LLC
Continental Marble &
Tile Co. Premier Tile & Marble
BID FORM
Base Bid Amount $ 304,933.00 301,400.00 $ 329,871.00 $
Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 929883, 08/31/2022,
C54, C61/D12, C15,
C61/D34, C61/D06,
C61/D50, C61/D03
394, 10/31/22
C54
682059, 12/31/23
C54
City - Business Located In? Tustin Corona Gardena
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000042517, 06/30/22 1000002594, 6/30/22 1000002984, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? None None None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? N/A N/A N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Harco National
Insurance Company,
3711-9
U.S. Specialty
Insurance Company,
3220-1
Western Surety
Company
0761-7
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes Yes Yes
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP14 - Ceramic Tile (C54)
Award twenty-three contracts to the individual contractors listed in eac... Page 354 of 1319 Bidder's Name Progressive Surface Solutions
LLC Continental Marble & Tile Co. Premier Tile & Marble Subcontractor 1 None None None
Lic # Verified N/A N/A N/A
DIR # Verified N/A N/A N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP14 - Ceramic Tile (C54)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 355 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Rivco Coatings Inc. Inland Pacific
Coatings, Inc.
Prime Painting
Contractors, Inc.
BID FORM
Base Bid Amount $ 442,000.00 380,000.00 $ 445,000.00 $
Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 894557, 07/31/2023, C33
585185, 8/31/22
C33
717254, 1/31/24
C33
City - Business Located In? Menifee Lytle Creek Northridge Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 10000420096, 06/30/23 1000043948, 6/30/23 1000008197, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes
No, Missing corp seal
and corporate
resolution
Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? None None None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? N/A N/A Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Ohio Casualty
Insurance Company
(The), 5133-4
U.S. Specialty
Insurance Company,
3220-1
Ohio Casualty
Insurance Company
(The), 5133-4
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? N/A Yes N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP15 - Painting (C33)
Award twenty-three contracts to the individual contractors listed in eac... Page 356 of 1319 Bidder's Name Rivco Coatings Inc. Inland Pacific Coatings, Inc. Prime Painting Contractors, Inc.
Subcontractor 1 None None None
Lic # Verified N/A N/A N/A
DIR # Verified N/A N/A N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP15 - Painting (C33)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 357 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
J.G. Tate Fire
Protection Systems,
Inc.
Daart Engineering
Company, Inc. Fischer, Inc.
BID FORM
Base Bid Amount $ 562,832.00 536,000.00 $ 568,000.00 $
Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 800609, 10/31/2023, C16, C10
372946, 4/30/23
C16
853357, 1/31/23
C16
City - Business Located In? Murrieta Riverside San Bernardino Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000005084, 06/30/23 1000002258, 6/30/22 1000000857, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Harco National
Insurance Company,
3711-9
SureTec Insurance
Co
4914-8
Merchants Bonding
Co.
2482-8
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? N/A No Yes
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP16 - Fire Sprinkler (C16)
Award twenty-three contracts to the individual contractors listed in eac... Page 358 of 1319 Bidder's Name J.G. Tate Fire Protection Systems,
Inc. Daart Engineering Company, Inc. Fischer, Inc.
Subcontractor 1 Facilities Protection Systems Facilities Protection Systems None Lic # Verified Yes Yes N/A
DIR # Verified Yes Yes N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP16 - Fire Sprinkler (C16)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 359 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Rivera Equipment dba
Valley Industrial
Mechanical - withdrew
JPI Development
Group, Inc.
MPI - Miller Plumbing,
Inc.
BID FORM
Base Bid Amount $ 4,131,000.00 3,664,000.00 $ 4,225,430.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 1051483, 03/31/2023, C36
778930, 5/31/22
C36
720851, 4/30/23
C36
City - Business Located In? Oak Hills Murrieta Covina
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000365455, 06/30/22 1000000801, 6/30/22 1000001568, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Liberty Mutual
Insurance Company,
1022-3
North American
Specialty Insurance
Co
3208-6
Ohio Casualty
Insurance Company
(The), 5133-4
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes N/A N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP17 - Plumbing (C36)
Award twenty-three contracts to the individual contractors listed in eac... Page 360 of 1319 Bidder's Name Rivera Equipment dba Valley
Industrial Mechanical JPI Development Group, Inc. MPI - Miller Plumbing, Inc.
Subcontractor 1 Roadway Engineering Torrent Resources Robert's Concrete & Coring Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2 Torrent Resources JA Salazar Construction Lic # Verified Yes Yes
DIR # Verified Yes Yes
Subcontractor 3 CMB Structures
Lic # Verified Yes
DIR # Verified Yes
BP17 - Plumbing (C36)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 361 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
ACH Mechanical
Contractors, Inc. Westland Mechanical Simco Mechanical
BID FORM
Base Bid Amount $ 2,748,000.00 2,590,000.00 $ 2,843,500.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 780560, 06/30/2022, C20
894940, 10/31/22,
C20 974288, 6/30/22, C20
City - Business Located In? Redlands Rancho Cucamonga La Canada Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000003396, 06/30/23 1000062056, 6/30/22 1000005424, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Markel Insurance
Company, 3601-2
Contractors Bonding
and Insurance
Company, 3000-7
Argonaut Insurance
Company, 1523-0
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? N/A N/A N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP18 - HVAC (C20)
Award twenty-three contracts to the individual contractors listed in eac... Page 362 of 1319 Bidder's Name ACH Mechanical Contractors, Inc. Westland Mechanical Simco Mechanical Subcontractor 1 Climate LLC Air Exchange Inc Climate LLC Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2 Inland Air Balance Climate LLC Los Angeles Air Balance Co., Inc Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 3 Mechanical Insulation Systems American Air Balance Co., Inc Karcher Insulation Inc Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 4 Scot-Therm Insulation Inc Air Exchange Inc Lic # Verified Yes Yes
DIR # Verified Yes Yes
BP18 - HVAC (C20)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 363 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
F.E.C. Electric, Inc. Rancho Pacific Electric
Construction Inc
Southern California
West Coast Electric,
Inc.
BID FORM
Base Bid Amount $ 6,382,800.00 6,248,941.00 $ 6,510,000.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 743507, 12/31/2023, A, B, C-7, C10
1047107, 11/30/22,
B,C10
462222, 8/31/22, B,
C10
City - Business Located In? Redlands Rancho Cucamonga Beaumont Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000004480, 06/30/22 1000062492, 6/30/22 1000002036, 6/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes, incorrect CSLB for Bay Alarm Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Travelers Casualty
and Surety Company
of America, 2444-8
Hartforf Fire Insurance
Company, 0085-1
Merchants Bonding
Company (Mutual)
2482-8
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes Yes N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP19 - Electrical & Low Voltage (C10)
Award twenty-three contracts to the individual contractors listed in eac... Page 364 of 1319 Bidder's Name F.E.C. Electric, Inc. Rancho Pacific Electric Construction Inc
Southern California West Coast
Electric, Inc.
Subcontractor 1 Apple Valley Communications T and D Communications, Inc West Coast Fire & Integration Inc Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2 Bay City Electric Works Callide Technical dba Avcom Systems Inc
Lic # Verified Yes Yes
DIR # Verified Yes Yes
Subcontractor 3 Bay Alarm Company
Lic # Verified Yes
DIR # Verified Yes
BP19 - Electrical & Low Voltage (C10)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 365 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
PremierWest
Landscape Inc. Urban Habitat Pierre Landscape, Inc.
BID FORM
Base Bid Amount $ 635,000.00 628,760.00 $ 707,811.00 $
Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 1016876, 08/31/2022, C27
963744, 7/31/23,
C27,C61/D49,A
638989, 3/31/24,
A,C27
City - Business Located In? Walnut La Quinta Irwindale
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000044351, 06/30/22 1000003890, 6/30/22 1000009575, 6/30/23
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? None None None Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? N/A N/A N/A
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile American Contractors
Indemnity Company,
3634-3
Old Republic Surety
Company, 3254-0
Harco National
Insurance Company,
3711-9
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes N/A N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP20 - Landscaping & Irrigation (C27)
Award twenty-three contracts to the individual contractors listed in eac... Page 366 of 1319 Bidder's Name PremierWest Landscape Inc. Urban Habitat Pierre Landscape, Inc.
Subcontractor 1 None None None
Lic # Verified N/A N/A N/A
DIR # Verified N/A N/A N/A
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP20 - Landscaping & Irrigation (C27)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 367 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Terra Pave, Inc. N/A N/A
BID FORM
Base Bid Amount $ 1,492,000.00
Number & Written Values Match Yes
Addenda - Acknowledged (3) Yes
California License #, Expiration, License Classification 456836, 05/31/2022, A, C12
City - Business Located In? Whittier
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000000807, 06/30/22
Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Fidelity and Deposit
Company of
Maryland, 2479-4
Power of Attorney Attached? Yes
Certificate of Authority Authorization Attached? N/A
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes
Non-Collusion Declaration - provided & signed Yes
Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes
Site Conditions Certification Yes
BP21 - Asphalt Paving (A or C12)
Award twenty-three contracts to the individual contractors listed in eac... Page 368 of 1319 Bidder's Name Terra Pave, Inc. N/A N/A
Subcontractor 1 Falcon Striping, Inc.
Lic # Verified Yes
DIR # Verified Yes
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP21 - Asphalt Paving (A or C12)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 369 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Inland Building
Construction
Companies, Inc.
KAR Construction, Inc.
Bravo Concrete
Construction Services,
Inc.
BID FORM
Base Bid Amount $ 1,943,000.00 1,897,900.00 $ 1,971,000.00 $ Number & Written Values Match Yes Yes Yes
Addenda - Acknowledged (3) Yes Yes Yes
California License #, Expiration, License Classification 405281,5/30/23,
C2,B,C10,C61/D42,
C61/D52,C61/D16,
C61/D24,C61/D28,
C8,C61/D34
595709, 6/30/22,
B,C8
856049, 3/31/23,
C8,B,A
City - Business Located In? San Bernardino Ontario Riverside Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes Yes Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000001174, 6/30/24 1000000930, 6/30/22 1000001509, 6/30/24 Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes Yes Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Yes Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes Yes Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Yes Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile United States Fire
Insurance Company,
4821-5
Travelers Casualty
and Surety Company
of America, 2444-8
Harco National
Insurance Company,
3711-9
Power of Attorney Attached? Yes Yes Yes
Certificate of Authority Authorization Attached? Yes Yes Yes
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes Yes Yes
Non-Collusion Declaration - provided & signed Yes Yes Yes Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes Yes Yes
Site Conditions Certification Yes Yes Yes
BP22 - Site Concrete (C8)
Award twenty-three contracts to the individual contractors listed in eac... Page 370 of 1319 Bidder's Name Inland Building Construction
Companies, Inc. KAR Construction, Inc. Bravo Concrete Construction Services, Inc.
Subcontractor 1 Systems Waterproofing Inc Upland Contracting, Inc Upland Contracting, Inc Lic # Verified Yes Yes Yes
DIR # Verified Yes Yes Yes
Subcontractor 2 Camblin Steel Services Inc Systems Waterproofing Inc Lic # Verified Yes Yes
DIR # Verified Yes Yes
Subcontractor 3
Lic # Verified
DIR # Verified
BP22 - Site Concrete (C8)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 371 of 1319 City of Indio
Public Safety Campus
Low Bidder Evaluation Form
Bid Date: March 15,2022 at 2:00pm
(Low Bidder Determined by Base Bid)
Econo Fence, Inc. N/A N/A
BID FORM
Base Bid Amount $ 1,068,340.00
Number & Written Values Match Yes
Addenda - Acknowledged (3) Yes
California License #, Expiration, License Classification 337734, 09/30/23, C13, B
City - Business Located In? Riverside
Verified License on CSLB Website? -
https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx Yes DIR Number & Expiration - https://efiling.dir.ca.gov/PWCR/Search 1000001395, 6/30/22 Signature Lines Complete & Signed by Authorized Co. Officer, incl.
Corporate Seal Yes
DESIGNATION OF SUBCONTRACTORS
Must include Name of Subcontractor, Location, Scope, License, Bid Amount, and DIR (Included for Fabricators & Installers >0.5%)? Yes Was Bid Amount and/or DIR # provided with bid or separately within 24 hrs of bid opening? Yes
BID BOND
Bid Bond (attached, Min. 10%, signed, corporate seal, notarized)) Yes Surety Co Name & CA ID Number -
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile Ohio Casualty
Insurance Company
(The), 5133-4
Power of Attorney Attached? Yes
Certificate of Authority Authorization Attached? Yes
OTHER FORMS
Contractor's Certificate Regarding Workers Compensation - provided & signed Yes
Non-Collusion Declaration - provided & signed Yes
Acknowledgement of Bidding Practices Regarding Idemnity - provided & signed Yes
Site Conditions Certification Yes
BP23 - Chain-link & Ornamental Fencing (C13)
Award twenty-three contracts to the individual contractors listed in eac... Page 372 of 1319 Bidder's Name Econo Fence, Inc. N/A N/A
Subcontractor 1 Automated Gate Services, Inc
Lic # Verified Yes
DIR # Verified Yes
Subcontractor 2
Lic # Verified
DIR # Verified
Subcontractor 3
Lic # Verified
DIR # Verified
BP23 - Chain-link & Ornamental Fencing (C13)
Designation of Subcontractors Form - Detailed Review
Award twenty-three contracts to the individual contractors listed in eac... Page 373 of 1319
Award twenty-three contracts to the individual contractors listed in eac... Page 374 of 1319
Award twenty-three contracts to the individual contractors listed in eac... Page 375 of 1319
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Award twenty-three contracts to the individual contractors listed in eac... Page 379 of 1319
Award twenty-three contracts to the individual contractors listed in eac... Page 380 of 1319 12223 Highland Ave. #106-569 Rancho Cucamonga, CA 91739 Letter of Protest
March 17th, 2022
Reference: Bid Protest of Bid Category #18 HVAC
Project: City of Indio Public Safety Campus
Bid Category: #18 HVAC
Mr. Trujillo, please review our official Bid Protest to the apparent low bidder ACH Mechanical Contractors for Bid Category #18 HVAC.
Protest Description:
This formal protest of ACH Mechanical Contractors for Bid Package #18 HVAC on the City of Indio Public Safety Campus on March 15th, 2022 is for the failure to list mandatory sub-contractors on the “Designation of Subcontractors” bid document form.
• Item #16 in the “Instructions to Bidders” clearly states:
16. Listing Subcontractors. Each bidder shall submit with his bid, on the form furnished with the Contract Documents, a list of the names, license numbers, scopes of work, locations of the places of business, contact information, and Department of Industrial Relations (“DIR”) registration numbers of each subcontractor who will perform work or labor or render service to the bidder in or about the project, or a subcontractor who under subcontract to the bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the bidder’s total bid as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100, et seq.) Pursuant to Labor Code section 1725.5, all subcontractors (of any tier) performing work on this Project must be properly registered with DIR. • The subcontractor in reference is clearly called out in Spec Section 23 35 16 “Straight Rail Pneumatic/ Magnetic Vehicle Exhaust Removal System” (Please see attached Exhibit 1 for additional information)
2.03 MANUFACTURER
Award twenty-three contracts to the individual contractors listed in eac... Page 381 of 1319 12223 Highland Ave. #106-569 Rancho Cucamonga, CA 91739 A. PlymoVent Corporation/Plymovent Industrial Ventilation Systems or approved equal 115 Melrich Road
Cranbury, New Jersey 08512
USA
Telephone: (609) 395-3500
Toll Free: (800) 644-0911
FAX: (609) 655-0569
WEB: [email protected]
2.04 LOCAL CONTACT
Air Exchange, Inc.
1494-B East Francis St.
Ontario, Ca. 91761
Contact Name: Jim Cleary
Local: (909) 720-7064
Email: [email protected]
Email: [email protected]
• Item #16 in the “Instructions to Bidders” clearly states:
“a subcontractor who under subcontract to the bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the bidder’s total bid as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100, et seq.) Pursuant to Labor Code section 1725.5, all subcontractors (of any tier) performing work on this Project must be properly registered with DIR.”
ACH Mechanical’s total bid was $2,590,000 which would equate to any subcontractor with a value of over $12,950 to be listed per Public Contract Code Section 4100. The specified vendor/ subcontractor’s total price was $131,204.35. (Please see attached Exhibit #2 Air Exchange/ Plymovent proposal) • Spec Section 23 35 16 “Straight Rail Pneumatic/ Magnetic Vehicle Exhaust Removal System” also states:
1.04 QUALITY ASSURANCE
A. Engage a factory certified & authorized installation contractor specializing in the installation of vehicle exhaust removal systems. The installation contractor must have a minimum of 10 years documented experience to perform the work of this Section & will have completed a minimum of 50 installations similar in design and extent to that indicated for this Project, and who has a record of successful in-service performance. No Exceptions.
Award twenty-three contracts to the individual contractors listed in eac... Page 382 of 1319 12223 Highland Ave. #106-569 Rancho Cucamonga, CA 91739
1.09 BIDDER QUALIFICATIONS
A. Bids will only be accepted from companies that have an established reputation in the business of system design, turnkey installation and long-term service of Automatic Emergency Response Vehicle Exhaust Removal Systems for a minimum of no less than ten (10) years. Bidder shall show proof that the system being bid has been field tested and proven by supplying a list of references with no less than 50 fire stations of the system being bid and installed by bidder (with comparable emergency and non-emergency run rates) within a 200 mile radius of the project being bid. References shall be submitted with the Bid Document and shall include phone numbers and contact names.
B. Bids will only be accepted from companies that have a local (within 2 hours of the job site) inventory of spare parts (a minimum of $10,000) and factory certified and trained service technicians to perform the required service maintenance.
C. Bids will only be accepted from companies using factory certified, trained and experienced installers for the complete installation of the Diesel Exhaust Capture System. No exceptions.
ACH Mechanical is not factory certified & authorized to self-perform this scope of work per Spec Section 23 35 16.
• Based on these grounds that are clearly called out in “The Instructions to Bidders” and per Public Contract Code we respectfully request that ACH Mechanical Contractors bid is deemed nonresponsive to Bid Category #18 HVAC.
Sincerely,
Travis Lee
12223 Highland Avenue #106-569
Rancho Cucamonga, CA 91739
909.732.8027
[email protected]
Award twenty-three contracts to the individual contractors listed in eac... Page 383 of 1319
Award twenty-three contracts to the individual contractors listed in eac... Page 384 of 1319 Customer Name: ACH Mechanical Contractors
Proposal Valid: 180 Days
QTY OLD
ARTICLE #
NEW
ARTICLE #
PRODUCT NAME LIST PRICE TOTAL
1 $ 12,500.00
total
$ 12,500.00
total $ 12,500.00
Customer Address: 411 Business Center Ct.
Redlands, CA. 92373
Customer Contact Name: Galdino Gonzalez Project Name: Indio Public Safety Campus
Customer Phone Number: 909-387-2850
Contact Email: [email protected]
Submitted By: John Whitney
[email protected]
Cell#909-238-7686
Scope of Work: Air Exchange is pleased with the opportunity to provide you with proposal to assist and supervise the installation of the Plymovent vehicle source capturing system. Air Exchange will provide field supervision, installation assistance and commissioning of system as required. Air Exchange will certify installation when completed and provide required warranties and Owner training of system as specified in Mechanical Specification Section 23 35 16.
Total fee for above $12,500.00
Excludes: Equipment and any item not mentioned above. Plymovent equipment to be purchased under material purchase order. ****DOES NOT
INCLUDE, electrical load calculations, structural calculations, Bonds (can be added if required) Blocking & painting of any kind, Carbon monoxide sensors, Structural or electrical Engineering costs of any kind or any material or labor as the result of any required Structural or electrical Engineering calculations, Any other Engineering fees or drawings of any kind beyond what is supplied with the quote tailpipe conversions, permits for project. Terms are also listed at end of proposal****
DESCRIPTION
TOTAL
495 Edison Ct., Ste. A, Fairfield, CA 94534
1141 E. Philadelphia St., Ontario, CA 91761
P: 800.300.2945
www.airexchange.com
AIR EXCHANGE, INC
CA License #664135 C-43, C-61/D-43
NV License #0082193 C-21C
WA License #AirEx*988DJ
DIR# 1000011166
Date: 3-15-2022
MISC FEE - SUPERVISION - CERTIFICATION
TOTAL MATERIAL
12 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate.
All ttit tikidtdl
Air Exchange
Authorized Signature:
Payment to be made as follows: Progressive Invoicing
Title:
Note: This proposal may be
Delivery of system will be within weeks of proposal acceptance.
12 CUSTOMER
SIGNATURE:
PROJECT NAME:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate.
All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by
Workman's compensation Insurance.
Air Exchange
Authorized Signature:
ACCEPTANCE OF PROPOSAL and TERMS AND
CONDITIONS. (Pages 1 and 2, inclusively.) The above
prices, specifications and Terms and Conditions are
satisfactory and are hereby accepted. You are
authorized to do the work as specified. By signing
where indicated, you, as agent for the organization
proposed, hereby authorized Air Exchange, Inc. to
perform the work as specified on Page 1 of 2 of this
proposal and agree and accept the Terms and
Conditions (Page 2 of 2) of this proposal. Payment will be made as outlined above.
DATE OF
ACCEPTANCE:
Payment to be made as follows: Progressive Invoicing
TERMS AND CONDITIONS
AIR EXCHANGE, INC.
ADDITIONAL EXCLUSIONS TO THE PROJECT PROPOSED:
1. Electrical components and hookup are not included, unless indicated on Page 1 of 2 of the proposal.
7. Any/all materials and labor not listed on this proposal.
8. Any VFD's, Fans or Interlocks.
Title:
Note: This proposal may be
withdrawn by Air Exchange if not
accepted within 180 days.
Delivery of system will be within weeks of proposal acceptance.
2. Permits and fees of any kind are not included in this proposal; including but not limited to, any pertinent load calculations; technical drawings, submittals, shop drawings and permit drawings of any kind. Should any of these items be required, a separate quote will be required.
3. Outside services, not limited to but including, concrete work, exterior penetrations, fork or scissor lift rentals, etc. are not included, unless indicated on Page 1 of 2 of the proposal.
4. All work to be performed during normal business hours (M-F, 7:30 a.m. to 4:00 p.m.). Work done outside of normal business hours will be subject to additional charges (I.e., time and one-half, double time, etc.) unless indicated on Page 1 of 2 of the proposal.
5. Payments terms are noted on the proposal. Should you require different terms than noted, an addendum to this contract will need to by fully executed before revised terms will be accepted.
6. Freight is not included, unless indicated on Page 1 of 2 of the proposal. Please provide preferred carrier. If you authorize, Air Exchange, Inc. will pay for freight charges and invoice you, but you must include this provision in your purchase order to Air Exchange, Inc.
9. Remote Control Receiver and Transmitter option.
7. Any/all materials and labor not listed on this proposal.
8. Any VFD's, Fans or Interlocks.
14. Bonds and permit fees of any kind.
15. Engineering fees of any kind including structural calculations or any labor or materials resulting from any structural calculations.
16. Engineered Drawings
5. Payments terms are noted on the proposal. Should you require different terms than noted, an addendum to this contract will need to by fully executed before revised terms will be accepted.
6. Freight is not included, unless indicated on Page 1 of 2 of the proposal. Please provide preferred carrier. If you authorize, Air Exchange, Inc. will pay for freight charges and invoice you, but you must include this provision in your purchase order to Air Exchange, Inc.
9. Remote Control Receiver and Transmitter option.
10. Blocking, Roof Curbs, Roof Jacks.
11. Electrical labor and materials.
12. Air Testing, Air Balancing.
13. Painting.
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Award twenty-three contracts to the individual contractors listed in eac... Page 390 of 1319 Request to be Relieved
Award twenty-three contracts to the individual contractors listed in eac... Page 391 of 1319 Rivera Equipment dba
Valley Industrial Mechanical
License #1051483
PO Box 3457 Victorville, CA 92393
March 21, 2022
Tilden-Coil Constructors
3612 Mission Inn Ave
Riverside, CA 92501
Attn: Bryant Ismerio, Sr Project Coordinator
Re: REVIM’s Public Safety Campus Bid Category 17-Plumbing To Whom it May Concern,
This letter is to inform you that after review of our REVIM’s Public Safety Campus Bid for category #17-Plumbing, we identified a clerical error in one of our subcontractor’s bid amounts.
Based on this error, we are respectfully requesting to withdrawal our bid submitted on March 15, 2022.
Thank you for your time and consideration on this matter.
Please contact me directly with any questions,
Raymond Rivera
Owner/CEO
(760) 963-2598
cc:
Melanie Lopez ([email protected])
Drew Collins ([email protected])
Patrick Baughman ([email protected])
Mario Machuca ([email protected])
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CONTRACT FORM - COVER SHEET
FOR
CITY OF INDIO
City of Indio – Public Safety Campus
CONTRACTOR
NAME:
ADDRESS:
TELEPHONE: ( )
EMAIL
Agreement Form
Payment Bond
Performance Bond
Contractor’s Certificate Regarding Drug-Free Workplace Contractor’s Certificate Regarding Alcoholic Beverage and Tobacco-Free Policy Escrow Agreement for Security Deposits In Lieu of Retention (Optional) Copy of City business license
Insurance Certificates and Endorsements Documents
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AGREEMENT FORM
Bid Category No. _______
THIS AGREEMENT, entered into this____ day of___________, 20__ in the Riverside County of the State of California, by and between the CITY OF INDIO, hereinafter called the “City”, and ________________ , hereinafter called the “Contractor”.
WITNESSETH that the City and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1 - SCOPE OF WORK: The Contractor shall furnish all labor, materials, equipment, tools, and utility and transportation services, and perform and complete all work required in connection with City of Indio – Public Safety Campus (“Project”) in strict accordance with the Contract Documents enumerated in Article 7 below. The Contractor shall be liable to the City for any damages arising as a result of a failure to comply with that obligation, and the Contractor shall not be excused with respect to any failure to comply by an act or omission of the Construction Manager, Architect, Engineer, Inspector, City, or representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the Contract Documents and the Contractor protests, in accordance with the Contract Documents, that the act or omission is preventing the Contractor from fully complying with the Contract Documents. Such protest shall not be effective unless reduced to writing and filed with the City office within seven (7) days of the date of occurrence of such act or omission preventing the Contractor from fully complying with the Contract Documents.
ARTICLE 2 - TIME OF COMPLETION: The City may give notice to proceed within ninety (90) days of the award of the bid by the City. Once the Contractor has received a notice to proceed, the Contractor shall reach Substantial Completion (See Article 1.1.47) of the Work within Six Hundred Seventy (670) calendar days from the start of construction receipt. This shall be called Contract Time. (See Article 8). It is expressly understood that time is of the essence.
Contractor has thoroughly studied the Project and has satisfied itself that the time period(s) for this Project was adequate for the timely and proper completion of submittal, procurement and the Project within each milestone and within the Contract time.
In the event the City desires to postpone giving the notice to proceed beyond this ninety (90) day period, it is expressly understood that with reasonable notice to the Contractor, giving the notice to proceed may be postponed by the City. It is further expressly understood by the Contractor, that the Contractor shall not be entitled to any claim of additional compensation as a result of the City’s postponement of giving the notice to proceed.
If the Contractor believes that a postponement will cause hardship to it, the Contractor may terminate the Contract with written notice to the City within ten (10) days after receipt by the Contractor of the City’s notice of postponement. It is further understood by the Contractor that in the event that the Contractor terminates the Contract as a result of postponement by the City, the City shall only be obligated to pay the Contractor for the work performed by the Contractor at the time of notification of postponement.
Should the Contractor terminate the Contract as a result of a notice of postponement, the City shall have the authority to award the Contract to the next lowest responsible bidder.
ARTICLE 3 - LIQUIDATED DAMAGES: It being impracticable and infeasible to determine the amount of actual damage, it is agreed that the Contractor will pay the City the sum specified in the Supplementary General Conditions per calendar day for each and every day of delay beyond the Contract
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Time set forth in Article 2 of this Agreement (inclusive of Milestones that are critical on the critical path or noted as critical to the City) as Liquidated Damages and not as a penalty or forfeiture. In the event Liquidated Damages are not paid, the Contractor further agrees that the City may deduct such amount thereof from any money due or that may become due the Contractor under the Contract (See Article 9.6 and 2.2 of the General Conditions).
ARTICLE 4 - CONTRACT PRICE: The City shall pay to the Contractor as full consideration for the faithful performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, the sum of _____________________ DOLLARS ($_______________________), said sum being the total amount stipulated in the Bid Contractor submitted. Payment shall be made as set forth in the General Conditions.
Should any Change Order result in an increase in the Contract Price, the cost of such Change Order shall be agreed to in advance by the Contractor and the City, subject to the monetary limitations set forth in Public Contract Code section 20118.4. In the event that the Contractor proceeds with a Change in work without an agreement between the City and Contractor regarding the cost of a Change Order, the Contractor waives any Claim of additional compensation for such additional work.
ARTICLE 5 - HOLD HARMLESS AGREEMENT: Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors, Architect, Construction Manager, Inspectors, and their officers, employees, agents and independent contractors from all liabilities, claims, actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act, omission, or breach connected with or arising from the progress of Work or performance of service under this Agreement or the Contract Documents. As part of this indemnity, Contractor shall protect and defend, at its own expense, City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors, Architect, Construction Manager, Inspectors, and their officers, employees, agents and independent contractors from any legal action including attorney’s fees or other proceeding based upon such act, omission, breach, any nature whatsoever, which may be incurred by reason of or as otherwise required by this Article. (a) Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm or corporation or in connection with the Work called for in this Agreement or the Contract Documents, except for liability resulting from the sole or active negligence, or the willful misconduct of the City. (b) Any bodily injury to or death of persons or damage to property caused by any act, omission or breach of Contractor or any person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages or injury to or death of persons, loss (including theft) or loss of use of any property, sustained by any person, firm or corporation, including the City, arising out of or in any way connected with Work covered by this Agreement or the Contract Documents, whether said injury or damage occurs either on or off City property, but not for any loss, injury, death or damages caused by the sole or active negligence or willful misconduct of the City. (c) Any dispute between Contractor and Contractor’s subcontractors/supplies/ Sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier or any other person employed in connection with the Work and/or filing of any stop notice or mechanic’s lien claims.
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ARTICLE 6 - PROVISIONS REQUIRED BY LAW: Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein, and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction.
ARTICLE 7 - COMPONENT PARTS OF THE CONTRACT: The Contract entered into by this Agreement consists of the following Contract Documents, all of which are component parts of the Contract as if herein set out in full or attached hereto:
Notice Inviting Bids
Instructions to Bidders
Designation of Subcontractors
Non-Collusion Declaration
Bid Guarantee Form
Bid Bond
Bid Form
Contractor’s Certificate Regarding Worker’s Compensation Acknowledgment of Bidding Practices Regarding Indemnity Agreement Form
Payment Bond
Performance Bond
Guarantee
Escrow Agreement for Security Deposit In Lieu of Retention Workers’ Compensation/Employers Liability Endorsement
General Liability Endorsement
Automobile Liability Endorsement
Contractor’s Certificate Regarding Drug-Free Workplace
Contractor’s Certificate Regarding Alcohol and Tobacco
General Conditions
Supplementary General Conditions
Specifications
All Addenda as Issued
Drawings/Plans
Substitution Request Form
Requirements, Reports and/or Documents in the Project Manual or Other Documents Issued to Bidders Trade Scope of Work Summary
All of the above named Contract Documents are intended to be complementary. Work required by one of the above named Contract Documents and not by others shall be done as if required by all.
ARTICLE 8 - PREVAILING WAGES: Wage rates for this Project shall be in accordance with the general prevailing rate of holiday and overtime work in the locality in which the work is to be performed for each craft, classification, or type of work needed to execute the Contract as determined by the Director of the Department of Industrial Relations. Copies of schedules of rates so determined by the Director of the Department of Industrial Relations are on file at the administrative office of the City and are also available from the Director of the Department of Industrial Relations. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).
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The following are hereby referenced and made a part of this Agreement and Contractor stipulates to the provisions contained therein.
1. Chapter 1 of Part 7 of Division 2 of the Labor Code (Section 1720 et seq.)
2. California Code of Regulations, Title 8, Chapter 8, Subchapters 3 through 6 (Section 16000 et seq.)
ARTICLE 9 - RECORD AUDIT: In accordance with Government Code section 8546.7(and Davis Bacon, if applicable) and Article 13.11 of the General Conditions, records of both the City and the Contractor shall be subject to examination and audit for a period of five (5) years after a Final Retention Payment or the Recording of a Notice of Completion, whichever occurs first.
ARTICLE 10 - CONTRACTOR’S LICENSE: The Contractor must possess throughout the Project a Class as specified in the Notice Inviting Bids, Contractor’s License, issued by the State of California, which must be current and in good standing.
IN WITNESS WHEREOF, this Agreement has been duly executed by the above named parties, on the day and year first above written.
CITY OF INDIO
By:
Mayor
ATTEST: APPROVED AS TO FORM:
By: By:
City Clerk City Attorney
Dated:
“CONTRACTOR”
By:
Name (written)
Title
By:
Name (signature)
(CORPORATE SEAL)
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PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Indio (sometimes referred to hereinafter as “Obligee”) has awarded to __________________________________ (hereinafter designated as the “Principal” or “Contractor”), an agreement for the work described as follows: ____________________________________ (hereinafter referred to as the “Public Work”); and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to California Civil Code section 9550;
NOW, THEREFORE, We, _______________________________________, the undersigned Contractor, as Principal; and ________________________________, a corporation organized and existing under the laws of the State of ________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Indio and to any and all persons, companies, or corporations entitled by law to file stop notices under California Civil Code section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of ______________________________________ Dollars ($__________________), such sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code section 13020 with respect to work and labor thereon of any kind, then said Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code section 9550 et seq.
This bond shall inure to the benefit of any person named in Civil Code section 9100 giving such person or his/her assigns a right of action in any suit brought upon this bond.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescission or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any
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person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Obligee and the Contractor or on the part of any obligee named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the___________ day of ___________________, 20___.
PRINCIPAL/CONTRACTOR:
By:
SURETY:
By:
Attorney-in-Fact
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IMPORTANT: THIS IS A REQUIRED FORM.
Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code section 105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety’s name must also appear on the Treasury Department’s most current list (Circular 570 as amended). All signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.
Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and Address of agent or representative for service for service of process in California)
Telephone: Telephone:
A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On ___________________________, before me, ___________________________________________, personally appeared _________________________________, who proved on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) as the Attorney-in-Fact of ____________________________ (Surety) and acknowledged to me that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
Commission expires:
(SEAL)
NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto.
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PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Indio (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________ (hereinafter designated as the “Principal” or “Contractor”), an agreement for the work described as follows:
____________________________________ (hereinafter referred to as the “Public Work”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for said Public Work dated _____________ ____________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.
NOW, THEREFORE, we, ______________________________________, the undersigned Contractor, as Principal, and ________________________________, a corporation organized and existing under the laws of the State of ________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Indio in the sum of _____________________________________ Dollars ($_______________), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the bounded Contractor, his or her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said Contract and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill guarantees of all materials and workmanship; and indemnify, defend and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any change, extension of time, alteration in or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same, nor by any change or modification to any terms of payment or extension of time for any payment pertaining or relating to any scheme of work of improvement under the contract. Surety also stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any overpayment or underpayment by the Obligee that is based upon estimates approved by the Architect. The Surety stipulates and agrees that none of the aforementioned changes, modifications, alterations, additions, extension of time or actions shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, modifications, alterations, additions or extension of time to the terms of the contract, or to the work, or the specifications as well notice of any other actions that result in the foregoing.
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Whenever Principal shall be, and is declared by the Obligee to be, in default under the Contract, the Surety shall promptly either remedy the default, or shall promptly take over and complete the Contract through its agents or independent contractors, subject to acceptance and approval of such agents or independent contractors by Obligee as hereinafter set forth, in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of Liquidated Damages; or, at Obligee’s sole discretion and election, Surety shall obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Obligee of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as Work progresses (even though there should be a default or succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the “balance of the Contract Price” (as hereinafter defined), and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of Liquidated Damages. The term “balance of the Contract Price,” as used in this paragraph, shall mean the total amount payable to Principal by the Obligee under the Contract and any modifications thereto, less the amount previously paid by the Obligee to the Principal, less any withholdings by the Obligee allowed under the Contract. Obligee shall not be required or obligated to accept a tender of a completion contractor from the Surety.
Surety expressly agrees that the Obligee may reject any agent or contractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Unless otherwise agreed by Obligee, in its sole discretion, Surety shall not utilize Principal in completing the Contract nor shall Surety accept a bid from Principal for completion of the work in the event of default by the Principal.
No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
The Surety shall remain responsible and liable for all patent and latent defects that arise out of or relate to the Contractor’s failure and/or inability to properly complete the Public Work as required by the Contract and the Contract Documents. The obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, Contractor and Surety shall pay Obligee’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including reasonable attorneys’ fees to be fixed by the Court.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____ day of _____________, 20___.
PRINCIPAL/CONTRACTOR:
By:
SURETY:
By:
Attorney-in-Fact
The rate of premium on this bond is ______________________________ per thousand.
The total amount of premium charged: $__________________________ (This must be filled in by a corporate surety).
IMPORTANT: THIS IS A REQUIRED FORM.
Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code section 105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety’s name must also appear on the Treasury Department’s most current list (Circular 570 as amended). All signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.
Any claims under this bond may be addressed to:
(Name and Address of Surety) (Name and Address of agent or representative for service for service of process in California)
Telephone: Telephone:
A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On ___________________________, before me, ___________________________________________, personally appeared _________________________________, who proved on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) as the Attorney-in-Fact of ____________________________ (Surety) and acknowledged to me that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
Commission expires:
(SEAL)
NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto.
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CONTRACTOR’S CERTIFICATE REGARDING DRUG-FREE WORKPLACE
This Drug-Free Workplace Certification form is required from all successful bidders pursuant to the requirements mandated by Government Code section 8350 et seq., the Drug-Free Workplace Act of 1990. The Drug-Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any State agency must certify that it will provide a drug-free workplace by performing certain specified acts. In addition, the Act provides that each contract or grant awarded by a State agency may be subject to suspension of payments or termination of the contract or grant, and the Contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred.
Pursuant to Government Code section 8355, every person or organization awarded a contract or grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the following:
4. Publishing a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace, and specifying actions which will be taken against employees for violations of the prohibition.
5. Establishing a drug-free awareness program to inform employees about all of the following:
a. The dangers of drug abuse in the workplace;
b. The person’s or organization’s policy of maintaining a drug-free workplace; c. The availability of drug counseling, rehabilitation and employee-assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations;
6. Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.
I, the undersigned, agree to fulfill the terms and requirements of Government Code section 8355 listed above and will (a) publish a statement notifying employees concerning the prohibition of controlled substance at the workplace, (b) establish a drug-free awareness program, and (c) require each employee engaged in the performance of the contact be given a copy of the statement required by section 8355(a) and require such employee agree to abide by the terms of that statement.
I also understand, that if the CITY determines that I have either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of Section 8355, that the contract awarded herein is subject to termination, suspension of payments, or both. I further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of Section 8350 et seq.
I acknowledge that I am aware of the provisions of Government Code section 8350 et seq. and hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990.
DATE:
CONTRACTOR
By:
Signature
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CONTRACTOR’S CERTIFICATE REGARDING ALCOHOLIC BEVERAGE AND
TOBACCO-FREE POLICY
The Contractor agrees that it will abide by and implement an Alcoholic Beverage and Tobacco-Free Policy, which prohibits the use of alcoholic beverages and tobacco products, of any kind and at any time, in City-owned or leased buildings, on CITY property and in CITY vehicles.
The Contractor shall procure signs stating, “ALCOHOLIC BEVERAGE AND TOBACCO USE IS PROHIBITED” and shall ensure that these signs are prominently displayed in all entrances to City property at all times.
DATE:
CONTRACTOR
By:
Signature
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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Indio, 100 Civic Center Mall, Indio, CA 92201, hereinafter called “City”, and _______________________ whose address is _______________________, hereinafter called “Contractor”, and _______________________ whose address is _______________________, hereinafter called “Escrow Agent”.
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for Retention earnings required to be withheld by City pursuant to the Construction Contract entered into between the City and Contractor for ____ __________________in the amount of ________ dated _____________ (hereinafter referred to as the “Contract”). Alternatively, on written request of the Contractor, the City shall make payments of the Retention earnings directly to the escrow agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as Retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of the City, and shall designate the Contractor as beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payments of Retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor, and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven (7) days’ written notice to the Escrow Agent from the City of the notice of default under Article
2.2, Article 9.6 or Article 14, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges
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of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges.
9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of City:
Title
Name
Signature
Address
On behalf of Contractor:
Title
Name
Signature
Address
On behalf of Agent:
Title
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Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date set forth above.
CITY CONTRACTOR
Title Title
Name Name
Signature Signature
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INSURANCE DOCUMENTS & ENDORSEMENTS
The following insurance endorsements and documents must be provided to the City of Indio within five (5) calendar days after receipt of notification of award. If the apparent low bidder fails to provide the documents required below, the City may award the Contract to the next lowest responsible and responsive bidder or release all bidders, and the bidder’s bid security will be forfeited. All insurance provided by the bidder shall fully comply with the requirements set forth in Article 11 of the General Conditions.
1. General Liability Insurance: Certificate of Insurance with all specific insurance coverages set forth in Article 11 of the General Conditions, proper Project description, designation of the City as the Certificate Holder, a statement that the insurance provided is primary to any insurance obtained by the City and minimum of 30 days’ cancellation notice. Bidder shall also provide required additional insured endorsement(s) designating all parties required in Article 11 of the General Conditions.
Incidents and claims are to be reported to the insurer at:
Attn:
(Title) (Department)
(Company)
(Street Address)
(City) (State) (Zip Code)
(_______)
(Telephone Number)
2. Workers’ Compensation/ Employer’s Liability Insurance: Certificate of Workers’ Compensation Insurance meeting the coverages and requirements set forth in Article 11 of the General Conditions, minimum of 30 days’ cancellation notice, proper Project description, waiver of subrogation and any applicable endorsements.
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3. Automobile Liability Insurance: Certificate of Automobile Insurance meeting the coverages and requirements set forth in Article 11 of the General Conditions, minimum 30 days’ cancellation notice, any applicable endorsements and a statement that the insurance provided is primary to any insurance obtained by the City.
Incidents and claims are to be reported to the insurer at:
Attn:
(Title) (Department)
(Company)
(Street Address)
(City) (State) (Zip Code)
(_______)
(Telephone Number)
DATE:
CONTRACTOR
By:
Signature
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City Council
April 20, 2022
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Scott Trujillo, Deputy City Manager
Subject: Award contract to LandMark Consultants, Inc. for Construction Testing Services for the Public Safety Campus project for $157,242 plus a 10% contingency for a not to exceed amount of $172,966.
RECOMMENDATION:
Award contract to LandMark Consultants, Inc. for Construction Testing Services for the Public Safety Campus project for $157,242, plus a 10% contingency for a not to exceed amount of $172,966, in the form approved by the City Attorney and authorize the City Manager to execute the Agreement.
SUMMARY:
As part of the Public Safety Campus project the City received three proposals for construction testing services (geotechnical, compaction testing, concrete inspection, etc.). The proposals came in as follows: Geocon West, Inc. at $233,035; Terracon Consultants, Inc. at $266,935; and LandMark Consultants, Inc. at $157,242. Upon further review, it was determined that LandMark was the lowest and most responsible bidder. Moreover, they have provided geotechnical consulting, materials testing, and inspection services in the Coachella Valley since 1987.
BACKGROUND INFORMATION:
LandMark Consultants, Inc. is a consulting firm which provides services in Soils and Materials Engineering, Fault and Seismic Studies, and Construction Materials Testing. They are a small engineering firm in the geosciences and has established offices/laboratories in Palm Desert and El Centro, CA. LandMark Consultants, Inc. is 100% MBE owned (American Indian Cherokee Nation) firm as certified by State of California, Department of Transportation (CAL TRANS). Their facilities are certified by State of California DSA and CAL TRAN, and accredited by American Association of State Highway and Transportation Officials (AASHTO). The following scope of work is anticipated for this project:
• Geotechnical of The Record - Pre Construction Consulting • Rough Grading Observation & Testing
• Compaction Testing of Utility Trench Backfill
• Compaction Testing of Curb/Gutter Subgrade
• Compaction Testing of Subgrade and Basegrade
• Compaction Testing Driveway Approaches & Sidewalk
• Compaction Testing during Asphalt Concrete Laydown
• Footing Inspection
• Concrete Inspection & Testing
• Masonry Inspection & Testing
AGENDA ITEM #8.14
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• Field Welding & HSB Inspection
• Ultrasonic Inspection (Level II)
Their services as described above will be provided for a budget fee of $157,242; and will be provided on time and materials basis in accordance with the rates set forth in the attached 2022 to 2024 Prevailing Wage fee schedule.
The City’s pre-construction project management firm, Tilden-Coil Constructors, solicited and received three proposals as follows: Geocon West, Inc. ($233,035); Terracon Consultants, Inc. ($266,935); and LandMark Consultants, Inc. ($157,242). Upon further review, it was determined that LandMark was the lowest and most responsible bidder. Therefore, staff recommends awarding the contract to LandMark and budgeting $157,242 plus a 10% contingency for a not to exceed amount of $172,996.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$172,966 In current year budget: Yes
Current FY General
Fund Impact:
$172,966 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Public Safety
Source of funds: General Fund (Measure X) Fund-Org-Object Reference:
102-553005
ALTERNATIVES:
Do not award the contract to LandMark Consultants, Inc.
ATTACHMENTS:
LandMark Proposal
Geocon Proposal
Terracon Proposal
APPROVAL(S):
Roxanne Diaz, City Attorney Approved - 14 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022
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Geo-Engineers
IJMARK
and Geologist
N
a MBE Company
January 18, 2022
Mr. Scott Trujillo
Deputy City Manager for City of Indio
100 Civic Center Mall
Indio, CA 92201
Subject: Construction Testing Services
City of Indio Public Safety Campus
Indio, California
LCI Proposal No.: LP21260T
Dear Mr. Trujillo
Geotechnical of The Record — Pre Construction Consulting Rough Grading Observation & Testing
Compaction Testing of Utility Trench Back?ll
Compaction Testing of Curb/Gutter Subgrade
Compaction Testing of Subgrade and Basegrade
Compaction Testing Driveway Approaches & Sidewalk
Compaction Testing during Asphalt Concrete Laydown
Footing Inspection
Concrete Inspection & Testing
Masonry Inspection & Testing
Nailing Inspection for Shear Wall
Field Welding & HSB Inspection
Ultrasonic Inspection (Level II)
780 N. 4th Street
El Centro, CA 92243
(760) 370-3000
landmark@|andmark—ca.com
77-948 Wildcat Drive
Palm Desert, CA 92211
(760) 360-0665
[email protected]
is pleased to provide this proposal for construction testing at the proposed Public Safety Campus project in the city of Indio, California.
LamlMark Consultants, Inc.
is a small engineering ?rm in the geosciences. We have
established of?ces/laboratories in Palm Desert and El Centro, CA. is 100% MBE owned (American Indian Cherokee Nation) ?rm as certi?ed by State of California, Department of Transportation (CALTRANS). Our facilities are certi?ed by State of California DSA and CALTRAN, and accredited by American Association of State Highway and Transportation Of?cials (AASHTO). We have provided geotechnical consulting and materials testing and inspection services in the Coachella Valley area of Southern California, since 1987.
The following scope of work is anticipated for this project:
LandMark Consultants, Inc.
LandMark Consultants, Inc.
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 414 of 1319 Our services as described above will be provided for a budget fee of $ 157,000.00. Our service will be provided on time and materials basis in accordance with the rates set forths in the attached 2022 to 2024 Prevailing Wage fee schedule.
The fees presented are based on prompt payment for services presented in our standard invoicing format. We appreciate the opportunity to provide these services for the subject project. Please feel free to call me if you have any questions.
Sincerely Yours,
LandMark Consultants, Inc.
Greg M. Chandra, P.E., M.ASCE
Area Manager- Palm Desert Office
LandMark Consultants, Inc Page 2
We have attempted to be realistic in developing our estimate for this project; please keep in mind that our services are directly dependent upon the contractor ’sschedule and events which occur during the duration ofthe project which cannot always be predicted in advance. Any change in the contractor’s schedule will impact our budget. We will attempt to coordinate our services with the contractor ’ssite superintendent to efficiently service the project. In the event that construction activities result in projected additional fees beyond those described herein, we will contact you for additional written budget increase, necessary.
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LANDMARK
Geo—Engineers and Geologists
a M%‘Cbrrpany 780 N 4th street El Centro, CA 92243
(760) 370-3000
(760) 337-5900 fax
77-948 Vwldca Drive Palm Desert, CA 92211
(760) 360-0665
(760)360-0521 fax EST ATE ORKSHEET
FIELD Trips Hrs. Rate Total
Soil Technician - Grading
Soil Technician - Back?ll/SG/Base/AC
ICC Inspector - Rebar & Cone
ICC Inspector - Rebar & Masonry
ICC Inspector - Field Welding
ICC Inspector — HSB
ICC Inspector - Ultrasonic (level II)
ICC Inspector - Nailing
Project Engineer (Meeting)
€?99%6699%9999%
LABORATORY
$9€669%9966
Principal Engineer 4
Project Engineer (Meeting)
CLIENT:
PROJECT:
LOCATION:
PROPOSAL NO.:
Concrete Compression Test
Grout/Mortar Compression Test
AC Extraction/Gradation
Maximum Density/Optimum Moisture (A)
Maximum Density/Optimum Moisture (B/C/D
Maximum Density - AC
120.00
120.00
125.00
125.00
125.00
125.00
195.00
125.00
190.00
Subtotal:
35.00 40.00
300.00
225.00
250.00
250.00
City of Indio
Public Safety Campus
Indio, California
LP21260T
20 160
50 200
20 160
20 160
15 120
15 120
5 40
10 80
5 20
60 40
5 4
2 5
Subtotal:
PRE-CONSTRUCTION GEOTECHNICAL CONSULTING
PROJECT MANAGEMENT - REPORTS
LandMark
225.00
190.00
@ $
@ $
Subtotal:
8% $ 142,650.00
Subtotal:
TOTAL:
€G996999%%99 9969%%9999%%66%
19,200.00
24,000.00
20,000.00
20,000.00
15,000.00
15,000.00
7,800.00
10,000.00
3,800.00
134,800.00
2,100.00
1,600.00
1,500.00
900.00
500.00
1,250.00
7,850.00
900.00
2,280.00
3,180.00
11,412.00
11,412.00
157,242.00
January 2022
@@@@@@@@@ @@@@@@
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2022 to 2024 PREVAILING WAGE PROFESSIONAL
FEE SC EDULE
OFFICES AND LABORATORIES
Phone Email
El Centro, California (760) 370-3000 [email protected] Palm Desert, California (760) 360-0665 [email protected]
BASIS OF CHARGES
Our liability to Client for injury or damage to persons or property arising our work performed for Client and for which legal liability may be found to rest upon us rather than for professional errors and omissions, will be limited to our general liability insurance coverage, which we maintain in limits of $2,000,000. For any damage on account of any error, omission, or other negligence, our liability will be limited to a sum of not to exceed $50,000 or our fee less direct third-party costs, whichever is greater, unless specifically negotiated otherwise. is a consulting ?rm which provides services in Soils and Material Engineering, Fault and Seismic Studies, and Construction Materials Testing. The ?nn's sobjective has been providing engineering services for public utilities, public works infrastructur residential, commercial, and industrial projects in the Southern California areas. e, Landmark Consultants, Inc.
Listed herein are typical fees for services most frequently performed by Fees for other services not listed will be given upon request, as well as special quotations for projects involving volume or special provisions.
Invoices will be issued on a bi-monthly basis, or upon completion of a project, whichever is sooner. Invoices are payable when received unless otherwise agreed. A late payment service charge will be computed at the periodic rate of 1.5% per month, which is an annual percentage rate of 18 % and will be applied to any unpaid balance commencing 30 days after date of the original invoice.
All samples of soil or rock will be destroyed 30 days after submission of ?nal report unless prior arrangements are made.
A two (2) hours minimum will be charged for ?eld technician and thereafter in 4 hours increments. An overtime premium of 1.5 times the standard rate will be charged for all personnel service or laboratory test periods in excess of eight hours per day or Saturday, and 2 times the standard rate for work in excess of 12 hours per week day, in excess of 8 hours on Saturdays and all day on Sundays or holidays. A four (4) hours minimum will be charged for all special inspection services. Per diem will be charged at a rate of $150.00 per day per person or expenses + 10%, whichever is greater. Outside services will be charged at cost + 10% unless otherwise noted.
Landmark Consultants,
Inc.
Gao—E1gi neas ard Gadogists
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Administration/Project Management:
2022 to 2024 Prevailing Wage Professional Fee Schedule
Field
Technician (Soil/Concrete/Asphalt Concrete/pickup) $ 120.00 Coring Technician $ 120.00
Inspector (ICBO/AWS/CWI) $ 125.00
Ultrasonic (Level II) $ 195.00
Staff Engineer/Geologist $ 165.00
Project Engineer/Geologist $ 190.00
Supervisory Tech./Operation Manager $ 135.00
Principal Engineer/Geologist $ 225.00
Word Processor/Typist $ 80.00
Drafting $ 100.00
Trip Charges (over50 miles radius) $ 200.00/trip
Laboratorv Test Each
Max. Density — Op. Moisture (A) $ 225.00
Max. Density — Op. Moisture (B, C, D) $ 250.00
Check Point $ 100.00
Sieve Analysis $ 130.00
Sand Equivalent $ 100.00
Direct Shear $ 310.00
Collapse Potential $ 200.00
Soil Expansion Index $ 155.00
Soil Corrosion $ 240.00
R-Value $ 275.00
CBR (100% Compaction) $ 450.00
AC Maximum Density (Marshall) $ 250.00
AC Extraction/Gradation $ 300.00
Concrete Compression Test $ 35.00
Concrete/AC Core Compression Test $ 75.00
Grout/Mortar Compression Test $ 40.00
Mix Design Review $ 350.00
Masonry Prism Compression Test $ 175.00
Reinforcing Steel Tension & Bend Test $ 190.00
Structural Steel Tension & Bend Test $ 190.00
Machine Test Specimen $ cost + 20%
8% of Field & Laboratory Subtotal
LandMark Consultants, Inc Page 2
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October 21, 2021
Tilden-Coil Constructors
Via email at [email protected]
Attention: Mr. Marty Greenwood, Project Executive
Subject: PROPOSAL FOR GEOTECHNICAL OBSERVATION & TESTING AND
SPECIAL INSPECTION & MATERIALS TESTING
DURING GRADING AND CONSTRUCTION OF THE NEW INDIO PUBLIC SAFETY CAMPUS (GEOCON PROJECT T2878-22-03)
JACKSON STREET & DR. CARREON BLVD
INDIO, CALIFORNIA
Dear Mr. Greenwood:
Geocon West, Inc. (Geocon) is pleased to submit this proposal to provide geotechnical observation and testing, and special inspection and materials testing services during grading and construction of the new Indio Public Safety Campus to be constructed at the existing public safety campus site in Indio, California. This proposal has been prepared based on the 50% project plans and specifications by Holt Architecture, our experience with the project and similar projects in the area, and your estimated project duration of 22 months.
Geocon performed the geotechnical investigation for the site in 2019 and is an on call consultant for the City of Indio. We know the site, the regulatory requirements and City personnel. Geocon would be an excellent choice as the quality assurance partner on the Tilden-Coil team for this project..
PROJECT UNDERSTANDING
The proposed project consists of the demolition of the existing public safety campus, rough grading of the site for the three new buildings and associated improvements and construction of two one-story and one partial two-story buildings to accommodate the Indio Police, Indio Fire, and Public Safety Dispatch services for the City. The three buildings will total 43,377 square feet and will be primarily masonry construction with steel framing. Grading will require the import of 1,883 cubic yards of soil to reach finish grade elevations. The plans indicate the work will be performed in accordance with Chapter 17 of 2019 California Building Code. Typically, public safety buildings are considered critical structures and, as
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such, are required to be constructed under Chapter 17A which would require full time quality assurance inspection of most construction elements. We have followed the periodic and sometimes continuous requirements of Chapter 17 for this estimate. If it is determined that Chapter 17A does apply, this proposal should be reviewed with the construction schedule and revised accordingly.
SCOPE OF SERVICES
It is our intention to provide one highly qualified technician/inspector who will be capable of providing testing of soil and materials inspections in one visit whenever possible.
Our services will be provided on a time and materials basis and are based on the pace and efficiency of the various trades. Therefore, if estimated time or testing services are not required, they will not be billed. Conversely, if additional time or services are required, they will be billed in accordance with the project Schedule of Fees.
We will monitor project costs by tracking them against the estimated costs in Table 1 and provide that tracking with the project billing every four weeks. Invoices will also be accompanied by Daily Field Reports to support the inspection hours being billed.
GEOTECHNICAL OBSERVATION AND TESTING
• Compaction Testing. Provide a geotechnical technician as required for the project during earthwork (grading and remedial grading), utility backfill, subgrade and base compaction, and asphalt paving. The technician will be equipped with a vehicle and field-testing equipment to provide in-place density test results in the field, as well as to collect samples for both earth and materials testing.
• Professional Field Support & Consultation. Provide site observations during grading to document and approve remedial removal bottoms and support the field-testing operations as necessary. Perform inspection of footing excavations for each building prior to the placement of steel.
• Observation & Testing during Site Paving. Provide geotechnical observation and testing during asphalt paving of the site.
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SPECIAL INSPECTION AND MATERIALS TESTING
• Inspection & Testing of Portland Cement Concrete. Provide an ICC concrete inspector to perform observation, sampling, and testing of Portland cement concrete onsite. The structural plans indicate batch plant inspections are not required. The inspector will prepare five test specimens per every 150 cubic yards of PCC placement or for each day’s placement, whichever is more frequent. Laboratory compression testing will be performed and will be reported to the project CM & RE the day of laboratory testing. • Structural Steel/Welding and Bolting. Provide an AWS structural steel and bolting inspector to provide special inspection of welding, nondestructive testing, and bolting of structural steel.
Field and shop (periodic) inspection will be provided as needed as will laboratory testing on rebar.
• Masonry Inspection and Testing. Provide an ICC masonry inspector to provide periodic inspection and sampling during CMU construction. Test masonry block specimens prior to and during construction and core/test post construction masonry. • Anchoring Inspection & Testing. Provide an ACI concrete inspector to provide special inspection of concrete anchor bolting.
• Laboratory Testing. Perform laboratory soil testing as required for project support and to screen potential import soil. The quantity and type of tests performed will depend upon the conditions encountered. We have also estimated material testing based on the duration of inspections and frequency of testing required based on Chapter 17. The actual cost for laboratory tests would be invoiced in accordance with our Schedule of Fees. • Professional Project Support. Provide professional consultation, project management, and support services during construction. This includes providing site observation, performing mix design reviews, responding to RFI’s, attending occasional project meetings as needed, corresponding with the project design and construction management team, scheduling, etc. • Report Preparation and Submittal. Prepare a geotechnical observation report at completion of grading and upon completion of site improvement construction.
Assumptions:
• Batch plant inspection of PCC is not required.
• All structural components will be delivered to the site with mill certs from an approved facility and shop inspection will not be required.
• The structural steel framing will be inspected by the Structural Engineer.
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ESTIMATED FEE
We propose to perform the scope of services outlined herein. The estimated cost based on the hours and test quantities provided by you are included in Table 1, below. Our services will be provided on a time and materials basis in accordance with our attached Schedule of Fees. The invoices will be itemized to reflect only the actual time and costs incurred. They will be accompanied by Daily Field Reports and budget tracking.
We have prepared this proposal with the understanding that this project is subject to prevailing wages.
If Client should conclude this project is not subject to prevailing wages, please so advise Geocon in writing immediately. If failure to so advise Geocon results in additional costs to Geocon, Client will reimburse Geocon for all costs and expenses.
This proposal is intended for initial budgeting purposes only and should be reviewed and revised if necessary. The actual fee for services is directly related to the construction schedule, weather, and efficiency of the contractor performing the work, and could be more or less than estimated.
Additional change orders will be submitted if necessary, as the project progresses.
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Table 1
Personnel Rate Qty Estimate
Engineering Technician $102 180 $18,360
Testing & Observation during Utility Trench Backfill - Est 6 Weeks Engineering Technician $102 270 $27,540 Testing & Observation during Subgrade for Site & Aggregate Base for Drive Areas - Est 4 Weeks PT Engineering Technician $102 80 $8,160 Testing & Observation during AC Paving - Est 3 Days FT Engineering Technician $102 33 $3,366 $20 563 $11,260
Geotechnical Observation & Approval of Removal Bottoms Project Geologist/Engineer $135 30 $4,050 Foundation Inspections Prior to Steel Placement ICC Inspector/Field Survisor $127 12 $1,524 $74,260
ACI Concrete Technician $112 160 $17,920
AWS Welding Inspector $112 120 $13,440
Welding Inspection - Shop - Periodic - 1 Day per Building AWS Welding Inspector $112 24 $2,688 Non Destructive Testing - Est 1 Day per Building ASNT Level II Inspector $150 24 $3,600 ICC Masonry Inspector $112 480 $53,760
ICC Inspector $112 36 $4,032
$15 844 $12,660
$108,100
Soils
Laboratory $220 6 $1,320
Maximum Density/Optimum Moisture - 6" (D1557 Aggregate) Laboratory $230 3 $690 Expansion Index (ASTMD4829) Laboratory $160 3 $480
Soluble Sulfate (CT417) Laboratory $100 3 $300
Chloride Content 9CT422) Laboratory $55 3 $165
Resistivity 7 pH (CT 643) Laboratory $135 3 $405
Sieve Analyses (ASTM D422) Laboratory $115 2 $230
Sand Equivalent (ASTM 2419) Laboratory $110 4 $440
Import Soil Screening - Est 4 Sources
Expansion Index (ASTMD4829) Laboratory $160 4 $640
Soluble Sulfate (CT417) Laboratory $100 4 $400
Chloride Content 9CT422) Laboratory $55 4 $220
Resistivity 7 pH (CT 643) Laboratory $135 4 $540
Laboratory $220 4 $880
Materials
Laboratory $35 100 $3,500
Laboratory $195 3 $585
Grout Prism Compression (ASTM C1019) Laboratory $35 45 $1,575 Mortar Compression (ASTM UBC 21-16) Laboratory $30 54 $1,620 Assemblage Comp Str 8" Block Laboratory $200 3 $600
Masonry Core Shear Str 8" Max Laboratory $35 3 $105
Coring Technician $200 3 $600
Laboratory $100 3 $300
Laboratory $50 3 $150
Bolt Wedge Tensil up to 7/8" (ASTM F606) Laboratory $100 5 $500 Bolt Proof Load up to 7/8" (ASTM F606) Laboratory $100 5 $500 Nut Proof Load up to 7/8" (ASTM F606) Laboratory $100 5 $500 Bolt/Nut/Washer Hardness (ASTM A370) Laboratory $150 5 $750 Engineering Technician $112 25 $2,800
$20,795
Project Management, Response to RFIs, Project Meetings as Needed, Data Review, QA/QC of Field Operations, Project Construction Support as Needed Sr. Project Engineer/Geologist $145 88 $12,760 Project Field Support Field Supervisor $115 48 $5,520
Scheuling/Dispatch, Administrative Project Support Administrative $80 95 $7,600 Final Report of Testing & Observation during Rough Grading GE/CEG/Drafting/Admin $2,500 1 $2,500 GE/CEG/Drafting/Admin $1,500 1 $1,500
$29,880
ESTIMATE GEOTECHNICAL OBSERVATION AND TESTING & SPECIAL INSPECTION: $233,035 Final Report of Testing and Observation during Construction of Improvements subtotal
PCC Concrete Compression Testing (C140)
Masonry Block Conformance (ASTM C90)
Reinforcing Steel (Bend up to #8) (A615, A706) 18 for PCC, 10 for Masonry Sample Pickup & Delivery
Reinforcing Steel (Tensile Up to #8) (A615, A706) 18 for PCC, 10 for Masonry subtotal
Professional Project Support & Reporting
Maximum Density/Optimum Moisture - 4" (D1557 Soils)
Activity Description
Geotechnical Observation and Testing & Special Inspection Soils Observation & Testing
Testing and Observation during Remedial Grading, Import, Grading - Est 4 Weeks subtotal:
Masonry Inspection - Estimate 4 Weeks per Building Periodic & Continuous Post-Installed Anchor Inspection
Vehicle & Equipment
PCC Sampling, Testing & Inspection - PCC> 2500 psi - Estimate 20 placement days subtotal:
Geotechnical Laboratory Testing
Maximum Density/Optimum Moisture - 4" (D1557 Soils)
Vehicle & Equipment
Special Inspection
Welding Inspection - Field - Est 5 Days per Building
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 423 of 1319 Proposal No. IE-2870 - 6 - October 21, 2021
LIMITATIONS
It is mutually agreed between client and Geocon that all services afforded and work performed by Geocon are provided pursuant to Civil Code Section 2782, et seq., and such agreement is expressly integrated into and made a part of any and all contracts or agreements entered into between the parties.
Please carefully review the contents of this proposal. If it meets with your approval, issue a contract for our review. We will commence with the scope of services outlined herein upon receipt of your written authorization; however, services provided by Geocon will be pursuant to the Schedule of Fees until or unless a mutually agreed upon, negotiated contract is finalized.
Please be advised that if Geocon is required to provide an immediate defense to Client pursuant to a claim alleging the negligence of Geocon, Client will be billed on a time and materials basis for such defense in accordance with Geocon’s Schedule of Fees, and if there is a final determination by a court of competent jurisdiction that a portion of the damages awarded in connection with a claim were caused by or attributable to Geocon, then Geocon shall be obligated to reimburse Client for that portion of the defense costs reasonably incurred by Client which is attributable to the portion of the damages caused by or attributable to Geocon. Notwithstanding the foregoing, under no circumstances shall Geocon be liable for providing an immediate defense to Client for any claim not alleging the negligence or other liability of Geocon.
Should you have any questions regarding this proposal, or if we may be of further service, please contact the undersigned at your convenience.
Very truly yours,
GEOCON WEST, INC.
Lisa A. Battiato, CEG
Regional Manager
Enclosures: 2021 Schedule of Fees
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 424 of 1319 GEOCON WEST, INC • 41571 Corning Place, Suite 101, Murrieta, A 92562 www.geoconinc.com • 951.304.2300 • FAX 951.304.2392
GEOTECHNICAL
ENVIRONMENTAL
2021 Schedule of Fees – RV21 MATERIALS
PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman.................................................................................................................................................. $80/hr.
Engineering Assistant/Lab Technician.......................................................................................................................................................................... $90/hr.
Engineering Field Technician ........................................................................................................................................................................................*72/hr.
Senior Field Technician .................................................................................................................................................................................................*72/hr.
Special Inspector (Concrete, Rebar, Masonry, Welding, etc.).....................................................................................................................................*82/hr.
Field Technician Supervisor ....................................................................................................................................................................................... *115/hr.
Staff Engineer/Geologist............................................................................................................................................................................................. *120/hr.
Sr. Staff Engineer/Geologist ....................................................................................................................................................................................... *125/hr.
Project Engineer/Geologist......................................................................................................................................................................................... *135/hr.
Senior Project Engineer/Geologist ............................................................................................................................................................................. *145/hr.
Senior Engineer/Geologist.......................................................................................................................................................................................... *155/hr.
Associate Engineer/Geologist ..................................................................................................................................................................................... *165hr.
Principal Engineer/Geologist/Litigation Support ..........................................................................................................................................................250/hr.
Attorney Fees (General) ............................................................................................................................................................................................. *350/hr.
Deposition or Court Appearance................................................................................................................................................................................ $400/hr.
Overtime/Saturday Rate/Night Rate (10pm – 6am w/ 8 Hr minimum per call out)....................................................................1.5 X Regular Hourly Rate Sunday and Holiday Rate................................................................................................................................................................2 X Regular Hourly Rate Minimum Field Services Fee (per day or per call-out)............................................................................................................................................... 4 Hours Short-Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time)....................................................................................... 4 Hours Short-Notice Cancellation (upon or after arrival at jobsite) ....................................................................................................................................... 4 Hours *Prevailing Wage (PW) California Labor Code §1720, et. Seq. add $30/hr.
TRAVEL
Personnel.................................................................................................................................................................................................Regular Hourly Rate Subsistence (Per Diem).................................................................................................................................................................................................Quote Vehicle Mileage ........................................................................................................................................................................................................ 0.60/mile
EQUIPMENT & MATERIALS
*Nuclear Density Gauge/Sand Cone Testing Equipment ............. $10/hr. Water Buffalo .................................................................................$50/ea. *Vehicle............................................................................................ $10/hr. Battery-Powered Pump ................................................................$75/day *Special Inspection Equipment ........................................................ $5/hr. Water Level Indicator ....................................................................$40/day Coring Machine (concrete, asphalt, masonry) ............................ $275/day Perforated 3” PVC Pipe...............................................................$15/10ft.
Generator..................................................................................... $100/day Gravel............................................................................................$25/bag Double Ring Infiltrometer............................................................ $125/day Sand .............................................................................................$25/bag GPS Unit...................................................................................... $160/day AC Cold Patch ..............................................................................$25/bag Pick-up Truck .............................................................................. $125/day Quick Set PCC Patch...................................................................$25/bag Mobile Laboratory with Lab Technician .................................. $1,525/day Temp Marking Paint ..................................................................... $10/can Drive-Tube Sampler ....................................................................... $50/day Lath...................................................................................................$8/ea.
Hand-Auger .................................................................................. $40/day Air Compressor ...........................................................................$100/day Dynamic Cone Penetrometer .................................................... $400/day Soil Sample Tube ..........................................................................$10/ea.
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 425 of 1319 - 2 -
GEOTECHNICAL
ENVIRONMENTAL
2021 Schedule of Fees – RV21 MATERIALS
LABORATORY TESTS
COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES
(D698/D1557/T99/T108) 4-inch mold ............................................... $220 (D422/T88) Particle Size, Hydrometer w/out Sieve ..........................$165 (D698/D1557/T99/T108) 6-inch mold ............................................... $230 (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash ................$150 (CT 216) California Impact................................................................. $230 (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash................$115 Check Point ........................................................................................ $100 (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash...............$100 (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ................. $150 (C117/D1140/T11) Materials Finer than #200 ....................................$90 (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) ............ $50 (D2216/T265/CT226) Moisture Content..............................................$30 (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ................. $300 (D2487/D2488) Visual Soil Classification............................................$30 (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ......... $100 (D2937) Density of In-Place Soil, Drive-Cyl. Method..........................$45 SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method.............................. $55
(D2844/CT301) Resistance Value $290 (C131/C535/CT211) L.A. Abrasion Resistance ................................ $200
(D2844/CT301) Resistance Value, Treated $295 (C142/T112) Clay Lumps and Friable Particles................................ $170
(D1883) California Bearing Ratio ...................................................... $530 (C123/T113) Light Weight Particles...................................................$245 (C977) Stabilization Ability of Lime.................................................... $185 (D3744/CT229/T210) Durability Index Fine ......................................$190 (D1883) Calif. Bearing Ratio (Army Corp of Engineers) $105 (D3744/CT229/T210) Durability Index Coarse $225 CHEMICAL ANALYSIS .................................................................... (CT227) Cleanness Value.................................................................. $170
(G187/CT643/T288) pH and Resistivity............................................ $135 (D4791) Flat & Elongated Particles ...................................................$165 (D4972/T289) pH Only......................................................................... $30 (D693/CT205) Percent Crushed Particles.........................................$145 (CT417) Sulfate Content $100 (D5821) Percent. of Fractured Particles, Coarse Aggregate............ $140
(CT422) Chloride Content.................................................................... $55 (C40/CT213/T21) Organic Impurities ..................................................$75 (D2974) Organic Content..................................................................... $50 (C235) Soft Hardness (Scratch Hardness) ......................................$100 PERMEABILITY, CONSOLIDATION AND EXPANSION.................. (C88/CT214/T104) Sulfate Soundness ............................................. $410
(D5084) Permeability, Flexible Wall .................................................. $270 (C1252/T304) Uncompact. Void Content, Fine Aggregate ..............$150 (D5856) Permeability, Rigid Wall $260 (C127/CT206/T85) Coarse Specific Gravity...................................... $125
(D2434) Permeability, Constant Head ............................................. $280 (C128/CT207/T84) Fine Specific Gravity ..........................................$150 (D2434) Permeability, FHA Slab-on-Grade ...................................... $110 (D854/CT209/T100) Specific Gravity of Soil .....................................$150 (D2434) Permeability, Hourly .............................................................. $55 (C29/CT212/T19) Unit Weight & Percent Voids..................................$90 (D2435/T216) Consolidation (6 pts. w/ Unload) ............................... $350 (D2419/CT217/T176) Sand Equivalent .............................................$110 (D2435/T216) Consolidation Additional Point w/ Unload ................... $65 (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) ...............$165 (D4546) Swell/Compression Testing & Density................................ $120 (D4318/CT204/T89) Liquid Limit..........................................................$95 (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) ............. $85 (D4318/CT204/T90) Plastic Limit.........................................................$95 (D4546) Swell/Settlement Testing & Density (County) .................... $100 (C330) Spec. for Lightweight Aggregates, Struc. Concrete ..........Quote (D4546) Swell/Settlement Testing & Density (FHA) .......................... $90 SHEAR STRENGTH
(D4829) Expansion Index of Soils..................................................... $160 (D2166) Unconfined Compression ....................................................$100 STEEL TESTING .............................................................................. (D3080/T236) Direct Shear (3 points) .............................................. $295
Reinforcing Steel Tests:............................................................................. (D3080/T236) Remolded Direct Shear (3 points) ............................. $300
(A370) Tensile Strength & Elongation (D3080/T236) Direct Shear Addtl. Points/ea. residual pass............. $115
• #11 Bar & Smaller $100 (D2850) Unconsolidated-Undrained Triaxial Shear.......................... $160
• #14 Bar $125 (D2580) Unconsolidated-Undrained Triaxial Staged ........................ $160
• #18 Bar (Proof Test) $125 (D4767) Consolidated-Undrained Triaxial Shear.............................. $265
.................................................................................................................... (D4767) Consolidated-Undrained Triaxial Staged ............................ $340
.................................................................................................................... (EM1110) Consolidated-Drained Triaxial Shear ............................... $375
.................................................................................................................... (EM1110) Consolidated-Drained Triaxial Staged ............................. $480
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 426 of 1319 - 3 -
GEOTECHNICAL
ENVIRONMENTAL
2021 Schedule of Fees – RV21 MATERIALS
LABORATORY TESTS (CONTINUED)
(A370) Bend Test MASONRY**
• #11 Bar & Smaller.............................................................................. $50 Concrete Block Test (Sets of 3 Required):
• #14 & #18 Bar.................................................................................... $70 • (C140) Unit Weight Moisture Content & Absorption.......................$195 (A370) Tensile - Mechanically Spliced Bar • (C140) Moisture Content/Absorption (ea. addtl. specimen) ............ $65
• #11 Bar & Smaller............................................................................ $150 • (C140) Compression Test................................................................$195 • #14 Bar & Larger.............................................................................. $190 • (C140) Compression Test (ea. addtl. specimen) .............................$65 (A370) Tensile – Electric Resist. Butt Splice w/ Control................... $150 • (C426) Linear Drying Shrinkage......................................................$285 (A370) Straightening of bar (if required).............................................. $25 • (C109/UBC 21-16) Mortar Cylinder (2”x4”) ......................................$30 Structural Steel Tests: • (C942) Grout Prism (3”x3”x6”), trimming included............................ $35
• (A370) Machining & Prep of Test Specimen ...................... Cost + 20% Masonry Prism (Assemblage):
• (A370) Tensile Strength & Elongation • (C1314) 8”x8”x16” – 8”x12”x16” ..................................................... $200
Up to 200,000 lbs...................................................................... $100 • (C1314) 8”x16”x16” – 10”x12”x16” .................................................$225 200,000 – 300,000 lbs.............................................................. $125 • (C1314) 12”x12”x16” – 12”x16”x16” ...............................................$250 300,000 – 400,000 lbs.............................................................. $150 • (C1314) Larger than 12”x16”x16” ................................................Quote Pre-stressing Wire & Tendon Tests: Brick Test (Set of 5 Specimens):
• (A421) Tensile Strength, Single Wire.............................................. $150 • (C67) 24-Hour Absorption, Cold Water...........................................$225 • (A416) Tensile Strength, 7-Wire Strand.......................................... $175 • (C67) 5-Hour Absorption, Boiling Water..........................................$225 High Strength Bolt, Nut, & Washer Tests: • (C67) Compression Test or Modulus of Rupture............................ $255
• (A325/A490) Tensile Test on Bolts ................................................. $100 • (C67) Each Additional Specimen ......................................................$45 • (A563) Proof Load Test on Nuts ..................................................... $100 CONCRETE**
• (A325/A490) Hardness Test on Bolts ............................................... $50 Mix Designs:
• (A536) Hardness Test on Nuts.......................................................... $50 • (ACI211/ACI214) Concrete Mix Design ..........................................$350 • (F436) Hardness Test on Washers................................................... $50 • (ACI211/ACI214) Review of Concrete Mix Design.........................$350 Weld Specimen Tests: • (C192) Concrete Trial Mix (includes equipment & labor) ............... $495
• (E164) Ultrasonic Examination......................................................Quote Concrete Properties:
Machining & Prep of Test Specimen ........................... Cost + 20% • (C39/CT521/T22) Comp. Strength, Concrete Cyl............................. $30
• (E381) Macrotech Test (3 Faces) .................................................. $355 • (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core..............$60 ASPHALT TESTING • (C78/CT523) Flex. Strength of 6”x6”x21” Concrete Beam............. $165
Asphalt Properties: • (C174) Length Measuring of Drilled Cores ....................................... $75
• (D2726/CT308/T166) Bulk Spec. Grav., Compacted HMA........... $100 • (C1140) Shotcrete Panel-Coring & Testing (Set of 3)....................$290 • (D1560/CT366) Stabilometer Value (HVEEM) .............................. $145 • (C1140) Shotcrete Panel (each addtl. specimen).............................$90 • (D2041) Theoretical Max Specific Gravity ...................................... $145 • (C496) Static Modulus of Elasticity..................................................$200 • (D5444) Sieve Analysis of Extracted Asphalt................................. $150 • (C496) Drying Shrinkage (Set of 3, up to 28 days).........................$395 • (D6307/CT382) Percent Asphalt, Ignition Method ......................... $150 • (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete..........$95 • (D1188) Unit Weight of Asphalt Core ............................................... $65 • (F1869) Moisture Vapor Emission Rate, Concrete Subfloor............$50
MISCELLANEOUS TESTING SERVICES
Calibration of Hydraulic Ram:
• 100 Ton & Under.............................................................................. $200
• 101 Tons – 200 Tons....................................................................... $300
Use of Universal Testing Machine:
• UTM with One Operator .................................................................. $320
• Additional Technician................................................Regular Tech Rate Spray Applied Fireproofing: *2X Surcharge on rush turn-around for laboratory testing. • (E605/E736) Fireproofing Oven Dry Density/Thickness...... $90 **Fee applies for sample storage, testing, or disposal.
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 427 of 1319 - 4 -
GEOTECHNICAL
ENVIRONMENTAL
2021 Schedule of Fees – RV21 MATERIALS
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing are conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $200.00 per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent, and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $300,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $600,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions.
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 428 of 1319 Terracon Consultants, Inc. 1355 E. Cooley Dr., Suite C Colton, CA 92324 P [909] 824 7311 F [909] 301 6016 terracon.com
November 3, 2021
Tilden-Coil Constructors
3612 Mission Inn Avenue
Riverside, CA 92501
Attn: Marty Greenwood, Project Executive
C: 951.378.4136
[email protected]
Re: Proposal for Geotechnical Observation, Testing and Special Inspection – Rev. 1 City of Indio Public Safety Campus
Northeast corner of Jackson St. & Dr Carreon Blvd.
Indio, CA 92201
Terracon Proposal No. PCB211401
Dear Mr. Greenwood:
As requested, Terracon Consultants, Inc. (Terracon) is submitting this proposal to perform the Geotechnical Observation, material testing and Special Inspection for the construction of the new City of Indio Public Safety Campus project to be located at Jackson Street and Dr Carreon Boulevard in Indio, California. The proposal is based upon information provided by a representative of Tilden-Coil Constructors.
1.0 PROJECT INFORMATION
We understand the project will consist of the construction of three separate buildings. Building A (DSP) and Building B (FS1) are single-story steel frame structures supported by continuous and isolated spread concrete footings. Building B also includes an ancillary Hose House of masonry construction. Building C (PSS) is a partial 2-Story steel frame structure supported by continuous and isolated spread concrete footings. Onsite parking is to be a mixture of asphalt concrete over compacted subgrade and aggregate base material and heavy-duty concrete pavement over compacted subgrade and aggregate base material. An 8-foot tall masonry security wall with a cumulative total of approximately 1,700 linear feet and a masonry trash enclosure will also be constructed.
Site grading for the project will include grading to provide a level pad with subexcavation to a depth of 10 – 15 feet below existing surface for building pads and scarification and recompaction of pavement areas.
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 429 of 1319 Proposal for Geotechnical Observation, Testing and Special Inspection City of Indio Public Safety Campus ■ Indio, California
November 3, 2021 ■ Terracon Proposal No. PCB11401
Responsive ■ Resourceful ■ Reliable 2
Our understanding of the required construction inspection and testing services for this project is based upon the following information:
■ 50% Construction Drawings, prepared by Holt Architecture, dated 9/21/2021; and ■ Specifications and Contract Documents, prepared by Holt Architecture, dated 6/2021 (excluding sections to be provided by others noted in the Table of Contents)
2.0 SCOPE OF SERVICES
2.1 Field and Laboratory Services
Terracon will provide employees appropriately trained and equipped to respond to the testing and Special Inspection needs of this project as scheduled by the Client or your designated representative. Based on our review of the referenced documents, we understand the scope of the on-call services includes:
Earthwork observation and compaction testing
Site preparation observation
Site grading fill placement
Utility trench backfill
Floor slab and pavement subgrade preparation
Granular base placement
Laboratory soil/aggregate testing
Modified Proctors
Aggregate gradations
Cast-in-place concrete reinforcing steel Special Inspection Bars will be checked for size, placement, lap length, and cleanliness Concrete placement
Portland cement concrete field and laboratory testing Casting of 5 cylinders and performing slump & air content testing as specified Laboratory testing
Compressive strength of concrete
Structural steel erection Special Inspection (at project site) Review welder certifications
Perform periodic visual observations of structural field welded connections Ultrasonic testing of full-penetration welds
Visual observation of field bolted connections
Visual observation of column anchor bolts
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 430 of 1319 Proposal for Geotechnical Observation, Testing and Special Inspection City of Indio Public Safety Campus ■ Indio, California
November 3, 2021 ■ Terracon Proposal No. PCB11401
Responsive ■ Resourceful ■ Reliable 3
Structural masonry Special Inspection and testing
Continuous Inspection of structural masonry construction per ACI Level 3 Material sampling
Grout once per placement, or every 50 cubic yards
Mortar once every 5,000sf of wall area
CMU prisms once every 5,000sf of wall area
Laboratory testing
Compressive strength of grout, mortar and CMU prisms
Non-Structural site masonry Special Inspection and testing Periodic Inspection of structural masonry construction per ACI Level 2 Material sampling
Grout once per placement, or every 50 cubic yards
Laboratory testing
Compressive strength of grout
Hot-mix asphalt testing
Lay-down testing (temperature and compaction)
Production material sampling (from project site)
Laboratory testing
Maximum theoretical specific gravity (once per mix)
Post-installed anchor installation Special Inspection Drilled depth, diameter, cleanliness, epoxy installation process, embedment Shear nailing Special Inspection
Verify nail size, nail spacing and sheathing thickness Project Management
Attendance at pre-construction and project meetings at Client’s request Supervision of laboratory and field services
Preparation and review of project reports and monthly invoices If we have misunderstood any aspect of the proposed project, please advise us at once so we can evaluate the scope of services and make any necessary adjustments. We will confirm your request by sending you a short supplement form that states the additional services, making them part of the original agreement.
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 431 of 1319 Proposal for Geotechnical Observation, Testing and Special Inspection City of Indio Public Safety Campus ■ Indio, California
November 3, 2021 ■ Terracon Proposal No. PCB11401
Responsive ■ Resourceful ■ Reliable 4
2.2 Scheduling
Terracon’s services will be performed on an as-requested basis with scheduling by the Client or the client’s designated representative. Terracon will not be responsible for scheduling our services and will not be responsible for tests or observations that are not performed due to failure to schedule our services on the project. Since our personnel will not be at the site on a resident basis, it will be imperative that we be advised when work is in progress. Services should be scheduled a minimum of 24 hours in advance. Scheduling personnel will be on an as-available basis which may require changes in personnel assigned to the project. For instances of shortnotice requests, personnel may have to be utilized which have a higher rate than those normally assigned and this higher cost may be passed on to the client.
All requests for services should be submitted to Ms. Lynn Blickensderfer in the Colton, CA office at the following phone number: (909) 824-311. Services should not be scheduled through our field personnel.
We recommend the scope of services described in this proposal be provided to the person(s) responsible for scheduling our services so they are aware of the services that are proposed.
2.3 CMELMS™ Management System
In order to provide our clients with real-time field and laboratory data management and reporting, Terracon developed and maintains an automated application that we call CMELMS. The acronym stands for Construction Materials Engineering Laboratory Management System and is utilized by construction materials engineering and testing operations in our offices.
CMELMS is a complete and comprehensive field and laboratory testing data and results management system. Features in the application include accessing and distributing test results and field observation reports by a push of a button.
CMELMS automates the delivery of our testing and inspection information and can be used anywhere with an internet connection or through a wireless device. Data (test results and inspections) can be entered into the application right from the project site so that project managers and engineering staff have real-time access to the field data. Final Client Reports are produced in the same application, which allows us to achieve better communication, more consistency, and faster turnaround of reports on the project.
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 432 of 1319 Proposal for Geotechnical Observation, Testing and Special Inspection City of Indio Public Safety Campus ■ Indio, California
November 3, 2021 ■ Terracon Proposal No. PCB11401
Responsive ■ Resourceful ■ Reliable 5
2.4 Report Turnaround Time
Our field technicians will immediately communicate any non-conformances to the site superintendent and our Project Manager. Terracon will maintain non-conformance logs and lists for all testing types performed by us. The list will be maintained electronically in our database and can be updated and e-mailed at any time.
Non-deviation reports will be digitally signed and distributed, within 5 business days of service.
Laboratory test reports will be digitally signed and distributed within 2 business days of the completion of each test. Our reports will be sent digitally via e-mail.
2.5 Terracon’s Incident and Injury-Free Culture
Employee safety is a core value of Terracon and we are committed to an Incident and Injury-Free (IIF) workplace. It is our personal and organizational commitment at all levels of the company to everyone going home safe to their family every day. All employees are expected to perform their job assignments with safety as a primary objective. Terracon dedicates the time, resources, and equipment necessary for an IIF environment and no employee will be required to work in unsafe conditions.
3.0 COMPENSATION
Based on our review of the referenced documents and our experience with project similar in size and scope, our estimated cost to perform the proposed scope of services is $266,935. A breakdown of our cost is provided in the attached Cost Estimate. For the purposes of developing this estimate, the quantities were estimated based on typical means and methods by contractors/subcontractors in this area.
It should be noted the Client would be billed only for the amount of service provided, i.e. Terracon will not bill for the total budget if the total booked is less than the budget. Please note this is only a budget estimate and not a not-to-exceed price. Many factors, including those out of our control, such as weather and the contractor’s schedule, implementation of RFI’s and/or ASI’s, and how often we are called to the site, will dictate the final fee for our services. Furthermore, all costs associated with deviations, re-testing and re-inspections of failing items, on-site standby time, overtime, and short notice premiums are not included in our estimated cost.
It is our understanding that this project is subject to the California DIR wage determination and requires the payment of prevailing wages to qualified on-site personnel. If this project is not subject to prevailing wages, please inform this office so that we may revise our rates accordingly.
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November 3, 2021 ■ Terracon Proposal No. PCB11401
Responsive ■ Resourceful ■ Reliable 6
4.0 AUTHORIZATION
This proposal may be accepted by executing the attached Agreement for Services and returning it along with this proposal to Terracon. We reserve the right to withhold our reports until the signed Agreement has been received by Terracon. This Agreement, including the limitations it contains, shall constitute the exclusive terms, conditions and services to be performed for this project. This proposal is valid only if authorized within sixty days from the listed proposal date.
We appreciate the opportunity to provide this proposal and look forward to working with you on this project. Please call the undersigned if you have any questions or would like to review this proposal.
Sincerely,
Terracon Consultants, Inc.
A. Shafiq Popalzai, P.E. Brandon Rose
Authorized Project Reviewer Project Manager
Copies to: Addressee (1 pdf)
Attachments: Cost Estimate – Sitework
Cost Estimate – Building A
Cost Estimate – Building B
Cost Estimate – Building C
Cost Estimate Summary
Agreement for Services
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November 3, 2021 ■ Terracon Proposal No. PCB211401
Item No. of
Services
Hrs/
Services
Unit Unit Rate Fee
Earthwork
Utility trench backfill (SD, Elec & Fire) 25 8 Hours $115.00 $23,000.00 Pavement subgrade preparation 7 8 Hours $115.00 $6,440.00 Granular Base Placement 7 8 Hours $115.00 $6,440.00
Asphalt Placement and Testing 10 8 Hours $115.00 $9,200.00 Nuclear Gauge Charge 49 Days $50.00 $2,450.00
Trip Charge 49 Trips $175.00 $8,575.00
Special Inspection and Sampling
Foundation Observation and Testing 9 4 Hours $115.00 $4,140.00 Reinforcement Inspection 9 4 Hours $115.00 $4,140.00
Concrete Placement Observation and Sampling 12 8 Hours $115.00 $11,040.00 Structural Masonry Observation and Inspection 18 8 Hours $115.00 $16,560.00 Nuclear Gauge Charge 9 Days $50.00 $450.00
Trip Charge 48 Trips $175.00 $8,400.00
$100,835.00
Modified Proctor 5 Each $180.00 $900.00
Sieve Analysis / Aggregate Gradation 5 Each $150.00 $750.00 Theoretical Maximum Density of Asphalt 4 Set $180.00 $720.00 Concrete Compressive Strength 80 Each $25.00 $2,000.00
Grout Compressive Strength 48 Each $25.00 $1,200.00
Sample Pick UP 30 Each $195.00 $5,850.00
$11,420.00
Admin/PM/PE Report Review 126 Each $50.00 $6,300.00
Final Compaction Letter Report (if required) Each $500.00 $.00 Project Engineer 8 Each $175.00 $1,400.00
$7,700.00
$119,955.00
Special Inspection and Field Testing
Subtotal for Technician & Travel
Laboratory Testing
Subtotal for Lab Testing
Project Administration, Engineering Review and Reporting Subtotal for PA & Reporting
Estimated Subtotal for Above Services
It should be noted the client is billed only for the amount of service provided, i.e. Terracon will not bill for the total Cost Estimate if the total booked is less than the estimate. The number of tests, trips, and hours on-site are primarily controlled by the contractor’s schedule. We recommend the contractor review our estimated number of tests, trips, and duration of on-site time to determine if our estimate is compatible with their production.
The estimated cost can be revised if necessary.
Cost Estimate - Sitework
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November 3, 2021 ■ Terracon Proposal No. PCB211401
Item No. of
Services
Hrs/
Services
Unit Unit Rate Fee
Earthwork
Subgrade Preparation (prior to fill placement) 1 4 Hours $115.00 $460.00 Fill placement observation and testing 4 8 Hours $115.00 $3,680.00 Utility trench backfill (SD, Elec & Fire) 2 4 Hours $115.00 $920.00 Floor subgrade preparation 1 4 Hours $115.00 $460.00
Nuclear Gauge Charge 8 Days $50.00 $400.00
Trip Charge 8 Trips $175.00 $1,400.00
Special Inspection and Sampling
Foundation Observation and Testing 2 4 Hours $115.00 $920.00 Reinforcement Inspection 2 8 Hours $115.00 $1,840.00
Concrete Placement Observation and Sampling 3 8 Hours $115.00 $2,760.00 Post Installed Anchor Observation and Inspection 3 4 Hours $115.00 $1,380.00 Shear Nailing Observation and Inspection 2 4 Hours $115.00 $920.00 Welding and HS Bolt Observation and Inspection 5 8 Hours $115.00 $4,600.00 Non-Destructive Testing 1 8 Hours $125.00 $1,000.00
Trip Charge 18 Trips $175.00 $3,150.00
$23,890.00
Modified Proctor 2 Each $180.00 $360.00
Sieve Analysis / Aggregate Gradation 2 Each $150.00 $300.00 Concrete Compressive Strength 25 Each $25.00 $625.00
Non-shrink Grout Compressive Strength 3 Each $35.00 $105.00 Sample Pick UP 3 Each $195.00 $585.00
$1,975.00
Admin/PM/PE Report Review 40 Each $50.00 $2,000.00
Pad Certification Letter (if needed) Each $300.00 $.00
Project Engineer 4 Each $175.00 $700.00
$2,700.00
$28,565.00
Special Inspection and Field Testing
Subtotal for Technician & Travel
Laboratory Testing
Subtotal for Lab Testing
It should be noted the client is billed only for the amount of service provided, i.e. Terracon will not bill for the total Cost Estimate if the total booked is less than the estimate. The number of tests, trips, and hours on-site are primarily controlled by the contractor’s schedule. We recommend the contractor review our estimated number of tests, trips, and duration of on-site time to determine if our estimate is compatible with their production.
The estimated cost can be revised if necessary.
Project Administration, Engineering Review and Reporting Subtotal for PA & Reporting
Estimated Subtotal for Above Services
Cost Estimate - Building A (Communications/Dispatch Center)
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 436 of 1319 Proposal for Geotechnical Observation, Testing and Special Inspection City of Indio Public Safety Campus ■ Indio, California
November 3, 2021 ■ Terracon Proposal No. PCB211401
Item No. of
Services
Hrs/
Services
Unit Unit Rate Fee
Earthwork
Subgrade Preparation (prior to fill placement) 1 4 Hours $115.00 $460.00 Fill placement observation and testing 4 8 Hours $115.00 $3,680.00 Utility trench backfill (SD, Elec & Fire) 2 8 Hours $115.00 $1,840.00 Floor subgrade preparation 2 4 Hours $115.00 $920.00
Nuclear Gauge Charge 9 Days $50.00 $450.00
Trip Charge 9 Trips $175.00 $1,575.00
Special Inspection and Sampling
Foundation Observation and Testing 3 4 Hours $115.00 $1,380.00 Reinforcement Inspection 5 8 Hours $115.00 $4,600.00
Concrete Placement Observation and Sampling 6 8 Hours $115.00 $5,520.00 Structural Masonry Observation and Inspection 4 8 Hours $115.00 $3,680.00 Post Installed Anchor Observation and Inspection 4 4 Hours $115.00 $1,840.00 Shear Nailing Observation and Inspection 1 4 Hours $115.00 $460.00 Welding and HS Bolt Observation and Inspection 8 8 Hours $115.00 $7,360.00 Non-Destructive Testing 1 8 Hours $125.00 $1,000.00
Trip Charge 32 Trips $175.00 $5,600.00
$40,365.00
Modified Proctor 2 Each $180.00 $360.00
Sieve Analysis / Aggregate Gradation 2 Each $150.00 $300.00 Concrete Compressive Strength 35 Each $25.00 $875.00
Non-shrink Grout Compressive Strength 3 Each $35.00 $105.00 Grout Compressive Strength 8 Each $25.00 $200.00
Mortar Compressive Strength 3 Each $25.00 $75.00
Concrete Masonry Prism 3 Each $190.00 $570.00
Sample Pick UP 10 Each $195.00 $1,950.00
$4,435.00
Admin/PM/PE Report Review 56 Each $50.00 $2,800.00
Pad Certification Letter (if required) Each $300.00 $.00 Project Engineer 6 Each $175.00 $1,050.00
$3,850.00
$48,650.00
Special Inspection and Field Testing
Subtotal for Technician & Travel
Laboratory Testing
Subtotal for Lab Testing
Project Administration, Engineering Review and Reporting Subtotal for PA & Reporting
Estimated Subtotal for Above Services
It should be noted the client is billed only for the amount of service provided, i.e. Terracon will not bill for the total Cost Estimate if the total booked is less than the estimate. The number of tests, trips, and hours on-site are primarily controlled by the contractor’s schedule. We recommend the contractor review our estimated number of tests, trips, and duration of on-site time to determine if our estimate is compatible with their production.
The estimated cost can be revised if necessary.
Cost Estimate - Building B (Fire Station #1 Headquarters)
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 437 of 1319 Proposal for Geotechnical Observation, Testing and Special Inspection City of Indio Public Safety Campus ■ Indio, California
November 3, 2021 ■ Terracon Proposal No. PCB211401
Item No. of
Services
Hrs/
Services
Unit Unit Rate Fee
Earthwork
Subgrade Preparation (prior to fill placement) 1 4 Hours $115.00 $460.00 Fill placement observation and testing 7 8 Hours $115.00 $6,440.00 Utility trench backfill (SD, Elec & Fire) 3 8 Hours $115.00 $2,760.00 Floor subgrade preparation 2 4 Hours $115.00 $920.00
Nuclear Gauge Charge 13 Days $50.00 $650.00
Trip Charge 13 Trips $175.00 $2,275.00
Special Inspection and Sampling
Foundation Observation and Testing 2 4 Hours $115.00 $920.00 Reinforcement Inspection 7 8 Hours $115.00 $6,440.00
Concrete Placement Observation and Sampling 10 8 Hours $115.00 $9,200.00 Structural Masonry Observation and Inspection 4 8 Hours $115.00 $3,680.00 Post Installed Anchor Observation and Inspection 4 4 Hours $115.00 $1,840.00 Shear Nailing Observation and Inspection 1 4 Hours $115.00 $460.00 Welding and HS Bolt Observation and Inspection 14 8 Hours $115.00 $12,880.00 Non-Destructive Testing 2 8 Hours $125.00 $2,000.00
Trip Charge 44 Trips $175.00 $7,700.00
$58,625.00
Modified Proctor 2 Each $180.00 $360.00
Sieve Analysis / Aggregate Gradation 2 Each $150.00 $300.00 Concrete Compressive Strength 60 Each $25.00 $1,500.00
Non-shrink Grout Compressive Strength 3 Each $35.00 $105.00 Grout Compressive Strength 16 Each $25.00 $400.00
Mortar Compressive Strength 3 Each $25.00 $75.00
Concrete Masonry Prism 3 Each $190.00 $570.00
Sample Pick UP 14 Each $195.00 $2,730.00
$6,040.00
Admin/PM/PE Report Review 74 Each $50.00 $3,700.00
Pad Certification Letter (if required) Each $300.00 $.00 Project Engineer 8 Each $175.00 $1,400.00
$5,100.00
$69,765.00
Special Inspection and Field Testing
Subtotal for Technician & Travel
Laboratory Testing
Subtotal for Lab Testing
Project Administration, Engineering Review and Reporting Subtotal for PA & Reporting
Estimated Subtotal for Above Services
It should be noted the client is billed only for the amount of service provided, i.e. Terracon will not bill for the total Cost Estimate if the total booked is less than the estimate. The number of tests, trips, and hours on-site are primarily controlled by the contractor’s schedule. We recommend the contractor review our estimated number of tests, trips, and duration of on-site time to determine if our estimate is compatible with their production.
The estimated cost can be revised if necessary.
Cost Estimate - Building C (Public Safety Services)
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November 3, 2021 ■ Terracon Proposal No. PCB211401
Element of Construction Cost
Sitework $119,955.00
Building A (Communications/Dispatch Center) $28,565.00
Building B (Fire Station #1 Headquarters) $48,650.00
Building C (Public Safety Services) $69,765.00
Optional Structural Steel Shop Fabrication Inspection (Not included in Total) $39,125.00 (40 days of fabrication and 5 days of NDE at a local shop) $266,935.00
1 2
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7 8
9 10
11 12
13 14
15 16
17 Cost Estimate Summary
Masonry construction will be low-lift.
Estimated Grand Total for Above Services
The following assumptions were used in preparing our estimated fee:
We have assumed that contractors on the site will work a single shift 5-day per week schedule; All rates are based upon a 4-hour minimum charge for on site. A four-hour increment will apply for all assignments in excess of 4 hours up to 8 hours.
Site wall CMU grout will be placed in a minimum of 200 linear feet of wall per lift, per placement.
Concrete batch plant and shop inspection is not required.
Offsite welding inspection is not required.
All steel will be identifiable when delivered to the project site.
Invoices for the project will be submitted on a monthly basis or as needed.
The estimated fees are based on California prevailing wages.
This fee schedule is designed specifically for the service requested. If any revision of the fee schedule is requested, a new fee schedule will be needed for a revised contract.
Inspections cancelled after 3:00 pm the day prior to the inspection will be charged 2 hours.
All utilities outside of building footprints will be completed within 25 days.
Approximately 60,000 sq-ft will be scarified and recompacted per day.
Staff time, laboratory testing and extra trips required for re-testing / re-inspection will be marked on the monthly invoices and be considered out-of-scope items;
An overtime rate of 1.5 times the regular rate will apply for all work over 8 hours, up to 12 hours, on week days and the first 8 hours on Saturday. Double time will be charged for week day work in excess of 12 hours, Saturday work in excess of 8 hours, work on Sunday, and work on holidays.
Testing and inspection services must be scheduled by the client / contractor with 48 hours’ notice to our dispatch (909-824-7311 or [email protected]) Monday through Friday 7:00 am to 3:00 pm. Our services are provided on an on-call, as requested basis.
Terracon will not be responsible for scheduling our services and will not be responsible for tests that are not performed due to failure to schedule our services;
Terracon’s services specifically exclude job site safety responsibility, and our services do not relieve any contractor/subcontractor from complying with project specifications; and,
Award contract to LandMark Consultants, Inc. for Construction Testing Se... Page 439 of 1319 Reference Number: PCB211401
AGREEMENT FOR SERVICES
This AGREEMENT is between Tilden-Coil Constructors (“Client”) and Terracon Consultants, Inc. (“Consultant”) for Services to be provided by Consultant for Client on the City of Indio Public Safety Campus project (“Project”), as described in Consultant’s Proposal dated 11/03/2021 (“Proposal”), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement).
1. Scope of Services. The scope of Consultant’s services is described in the Proposal, including but not limited to the Scope of Services section (“Services”), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement).
Portions of the Services may be subcontracted. Consultant’s Services do not include the investigation or detection of, nor do recommendations in Consultant’s reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of
1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties.
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant’s reliance agreement, subject to the prior approval of Consultant and Client.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT’S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT’S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant’s Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant’s substantial completion of Services on the project.
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers’ compensation insurance in accordance with the laws of the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insurance ($1,000,000); (ii) commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage.