Earth SystemsPROPOSAL FOR ON-CALL MATERIALS TESTING SERVICES
Earth Systems
79-811B Country Club Drive
Bermuda Dunes, CA 92203
Ph: (760) 345-1588
fax: (760) 345-7315
www.earthsystems.com
Tuesday, June 11, 2019
Submitted by:
79-811B Country Club Drive
Bermuda Dunes, CA 92203
Ph: (760) 345-1588
www.earthsystems.com
Earth Systems i
Tuesday, June 11, 2019
City of La Quinta
Attn: Mr. Bryan McKinney, City Engineer
78-495 Calle Tampico
La Quinta, CA 92253
SUBJECT: Proposal to Provide On-Call Materials Testing Services
Dear Mr. McKinney:
Earth Systems Pacific (Earth Systems) looks forward to working with the City of La Quinta by
providing geologic report review services. We appreciate this opportunity to express our interest
and demonstrate our experience and qualifications to provide professional services for materials
testing to the City. Our contact person for this commission will be:
Mark Houghton, Managing Principal and Testing and Inspection Project Manager
79-811B Country Club Drive, Bermuda Dunes, California 92203-1244
760-345-1588; mhoughton@earthsystems.com
We hope you will recognize the benefit of Earth Systems’ participation on your team, including:
• Strong understanding of the required work – Earth Systems’ personnel have decades of
experience providing professional geologic, geotechnical, and materials testing services
in the Coachella Valley area. Earth Systems current geologic staff fully understand the
geology of the City and requirements for geologic reports, including fault rupture, seismic
induced settlement, subsidence, rockfall, and fissuring hazards.
• Quality and availability of staff – Earth Systems employs a local base of four qualified and
experienced certified engineering geologists and professional geologists. Our Bermuda
Dunes office is located approximately 8 miles from the City’s office.
• Capacity, Capability, and Commitment – Earth Systems has the resources and specialized
experience readily available to provide the requested geologic services. We would like to
earn your trust and become your consultant for years to come. Geologic professional staff
for this commission are all full-time staff of Earth Systems.
This proposal will remain valid for 180 days from June 11, 2019.
We believe that our technical expertise, local presence, and extensive experience in the La Quinta
area will make us a valuable component of the City’s team. We look forward to working with you.
Thank you for your consideration of Earth Systems.
Respectfully submitted,
Earth Systems
Mark Houghton
Managing Principal and Testing and Inspection Project Manager
Earth Systems City of La Quinta /ii
On-Call Materials Testing Services
Table of Contents
Cover Letter
Table of Contents
1. Qualifications, Related Experience and References ………………………………… 1
2. Proposed Staffing and Project Organization …………………………………………… 5
3. Work Plan/Technical Approach ……………………………………………………………… 9
4. Cost and Price ……………………………………………………………………………………... 10
Appendices
• Insurance Acknowledgement
• Resumes
• Noted Expectations
• Signed Non-Collusion Affidavit Form
Earth Systems City of La Quinta / 1
On-Call Materials Testing Services
1. Qualifications, Related Experience and References
Earth Systems’ Origin and Background
Since 1969, the Earth Systems Pacific (Earth Systems) has provided a full range of expert services
in the fields of geotechnical engineering, engineering geology, geophysical surveys, environmental
assessments, construction monitoring, and materials testing and inspection. Earth Systems has
been consistently named in Engineering News-Record as being among the top 500 engineering/
design firms in the nation. Earth Systems maintains 11 offices in California. Those offices include;
Bermuda Dunes, Perris, Pasadena, Palmdale, Ventura, Santa Barbara, Santa Maria, San Luis
Obispo, Salinas, Hollister, and Fremont. This structure enables us to integrate the advantages of
local knowledge of geotechnical and geologic conditions with a wide base of professional and
technical expertise.
Earth Systems has built a reputation for providing thorough and professional geotechnical,
geologic, and construction inspection services throughout California.
As a mid-sized firm, we rely upon repeat business from our private and public-sector clients. Our
goal for every project is to be responsive to our client’s objectives, budget, and time-frame, to use
our expertise and experience to provide thorough and technically accurate assessment, and to
produce our reports in a prompt and cost-effective manner. Our success and reputation have been
built upon many years of client satisfaction with our services, fees, and the professional product
that we provide. Our professional competence is evidenced by the many contracts that we have
been awarded repeatedly by our clients in the local government, state, and educational sectors.
Some of these on-call clients include:
• The State of California, Dept. of General Services
• The State of California, Dept. of Corrections
• The State of California, Dept. of Mental Health
• California Polytechnic State University, San Luis Obispo
• University of California, Santa Barbara
• Desert Sands Unified School District
• Coachella Valley Unified School District
• The County of San Luis Obispo
• The County of Santa Barbara
• The City of Riverside
• San Bernardino Flood Control
• Riverside County Flood Control and Water Conservation District
• Wastewater Authorities in Riverside County
• University of California – Irvine
• Corona-Norco School District
• Menifee Union School District
• Palm Springs Unified School District
• Riverside Parks Department
• City of Cathedral City
• City of Coachella
• Hi-Desert Water District
• San Jacinto Unified School District
• Beaumont Unified School District
Earth Systems City of La Quinta / 2
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Primary Office Location and Contact Information
The Earth Systems team of experts proposed for geotechnical and material testing services for
the City of La Quinta is based out of our Bermuda Dunes office. Technicians and staff will be
dispatched from this office. Lab testing will be performed and coordinated through this office.
Contact information is as follows:
Earth Systems
79-811B Country Club Drive
Bermuda Dunes, CA 92203
(Ph): 760-345-1588
Primary contact: Mr. Mark Houghton
Email: mhoughton@earthsystems.com
After hours emergency phone number: 760-250-8004
Earth Systems’ staff consists of registered professionals and certified testing and inspection
personnel. Companywide, Earth Systems employs over 160 dedicated individuals. Many have
over 30 years of experience in the geoprofessional field and have enjoyed a long employment
relationship with Earth Systems.
Our professional staff includes:
• Professional Geologists
• Certified Engineering Geologists
• Certified Hydrogeologists
• Registered Professional Engineers (Geotechnical)
• Registered Professional Engineers (Civil)
Our testing and inspection staff hold various certification by:
• International Conference Code (ICC)
• National Institute for Certification in Engineering Technologies (NICET)
• American Concrete Institute (ACI)
• American Welding Society (AWS)
• American Society of Nondestructive Testing (ASNT)
• Division of the State Architect (DSA)
• California Department of Transportation (Caltrans)
Number of local Riverside County Earth Systems professional certifications:
• Geotechnical Engineers 2
• Civil and Staff Engineers 5
• Professional Geologist 3
• Engineering Geologist 2
• Hydrogeologist 1
• Inspectors and Technicians 15
Licenses and certifications
The two most local Earth Systems labs (Perris and Bermuda Dunes) for this project are certified,
accredited and/or approved by:
• AASHTO Materials Reference Laboratory (AMRL) – R18
• Cement and Concrete Reference Laboratory (CCRL)
• Division of the State Architect (DSA) Laboratory Evaluation and Acceptance (LEA) Program
Earth Systems City of La Quinta / 3
On-Call Materials Testing Services
• (LEA Labs #050 – Bermuda Dunes and #283 – Perris)
• California Department of Transportation (Caltrans)
• ASTM Quality Programs E329, D3740, C1077, C1093 for Soil, Concrete, Masonry, and
Aggregate (American Society for Testing and Materials)
What differentiates Earth Systems from our peers is our intense dedication to truly characterize
the geologic, geotechnical, and environmental constraints that affect a particular project and
having two strategic full-service offices in Riverside County. While cost is a major component
for any project, doing the necessary site evaluations to identify issues or enough testing during
construction is our goal to protect the City’s long-term interest. We truly care and are willing to go
the extra steps to assure a quality project. While it is common knowledge that many contractors are
looking for extras and do not bid the project with a full understanding of the project information
and specifications, it is our goal to represent the City so that geotechnical and environmental (if
needed) constraints are addressed and adequately testing during construction. This can be an
arduous task, often adversarial, and fraught with conflict. Our goals during construction are to
establish a good working relationship with the contractors, establish expectations early on, and act
as the City’s agent for quality assurance. The City is looking to us to provide quality geotechnical
and geologic, and materials evaluation, testing and inspection. That is what we do!
Conflict-of-Interest Statement
Earth Systems does/will not have any conflicts of interest as a result of providing the services for
this project.
Lawsuit/Litigation History
Earth Systems is financially sound and stable. The Earth Systems group of companies has provided
a full range of expert services since 1969 and has consistently been named in the Engineering
News Record (ENR) as being among the top 500 engineering and design firms in the nation. There
are no financial issues pending or otherwise which should materially interfere with Earth Systems
abilities to perform the services as set forth in the proposal or which should materially affect
the financial condition or well-being of this Company. Earth Systems has no significant ongoing
contract failures, nor any civil or criminal litigation or investigation. This representation is made
based upon the information available to the undersigned as of this date.
Related Experience
Presented below is a small sample of small and large-scale projects Earth Systems has performed
in recent years. Additional information can be provided if requested.
Project: MURRIETA ROAD RESURFACING
Location: Murrieta, California
Contact: City of Menifee, Carlos Geronimo, 951-723-3722, cgeronimo@cityofmenifee.us
Contract Amount: $16,812.00
Scope of Services: Project includes the widening of the street and asphalt concrete overlays.
Earth Systems provided geotechnical services during construction including:
• Compaction testing and observation street subgrade, base, and asphalt concrete paving.
• Laboratory conformance testing of engineered fill and backfill materials.
• Project management and preparation of required reports.
Key Personnel: Kevin Paul, Mark Spykerman, Steve Clanton
Completion Date: 2018
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Project: CORONA-NORCO SCHOOL DISTRICT – RONDO ELEMENTARY SCHOOL
Location: Norco, California
Contact: Ms. Lynne Murray, CNUSD, 951-736-5048, lemurray@cnusd.k12.ca.us
Contract Amount: $361,000.00 - Contract amount (project is on-going). Includes design reports
and construction testing.
Scope of Services: Earth Systems provided design level geotechnical engineering and geologic
hazards reports, grading observation and materials testing during construction of the building pad
and structure and installation of stone columns. Conformance testing of fill materials and future
compaction testing of infrastructure trench backfill and hardscape subgrades. Our services were
provided under the review of the Division of the State Architect (DSA).
Key Personnel: Kevin Paul, Mark Spykerman, Mark Houghton, Steve Clanton
Completion Date: On-going
Project: DESERT PALISADES DEVELOPMENT
Location: Palm Springs, California
Address: Racquet Club Drive
Contact: Ed Freeman, Pinnacle View, LLC, PO Box 1754, Lake Oswego, OR, 97035, 701-838-2822,
edfreeman3175@aol.com
Project Description: Project includes the construction of streets and site utilities for a new
residential development in Palm Springs, California.
Contract Amount: $174,358.00
Scope of services: Earth Systems provided geotechnical services during construction including:
• Compaction testing and observation during placement of engineered fill and utilities
trench backfill.
• Laboratory conformance testing of engineered fill and backfill materials.
• Project management and preparation of required reports.
Key Personnel: Mark Spykerman, Kevin Paul, Steve Clanton, Juan Nunez
Completion Date: February 2017
Project: CITY OF INDIAN WELLS, HIGHWAY 111 IMPROVEMENTS
Location: City of Indian Wells, California
Contact: Mr. Bondie Baker, City of Indian Wells, 760-346-2489, bbaker@indianwells.com
Project Description: Project included rehabilitation of Highway 111
Contract Amount: $26,000.00
Scope of services: Earth Systems provided Soils and Materials Testing Services during rehabilitation
of Highway 111 (Compaction testing of subgrade, aggregate base, and asphalt concrete with
laboratory conformance testing of soil, aggregate base, and rubberized asphalt concrete; and,
geotechnical engineering oversight). Earth Systems also provided geotechnical engineering and
engineering geology peer review services for geotechnical reports submitted to the City including
professional engineer and geologist field services for verification of undocumented fill removals
and rock fall hazards mitigation conformance.
Key Personnel: Kevin Paul, Steve Clanton
Completion Date: November 2017
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Project: EAGLE CANYON DAM
Location: Cathedral City, California
Address: East Palm Canyon Drive near Perez Road
Contact: Kent Allen, Riverside County Flood Control and Water Conservation District, 1995
Market Street, Riverside, CA 92501, 951-684-8409, kallen@rcflood.org
Project Description: Project includes the construction of an earth fill detention basin dam to
control seasonal flash flood events within Cathedral City.
Contract Amount: $306,601.00
Scope of services: Earth Systems provided geotechnical and geologic services during
construction including:
• Geologic mapping of foundation areas and evaluation of the activity of unforeseen faults
which were encountered within the dam foundation area.
• Slope stability analysis of completed cut slopes and spillway cut slopes for unforeseen
rock instability.
• Oversight during remedial grading and collaboration with Division of Safety of Dams
(DSOD) personnel on the adequacy of native alluvial foundation material and depth of
over-excavation.
• Compaction testing and observation during placement of engineered fill.
• Laboratory conformance testing of engineered fill materials.
• Project management and preparation of required reports for submittal to DSOD.
Key Personnel: Mark Spykerman, Kevin Paul, Mark Houghton, Steve Clanton
Completion Date: October 2015
Project: WESTERN RIVERSIDE REGIONAL WASTEWATER AUTHORITY RIVER ROAD PLANT 14 MGD
EXPANSION
Location: Corona, Riverside County, California
Contact: Krieger and Stewart, Josh MacPeek, 951-684-6900, jmacpeek@kriegerandstewart.com
Contract Amount: $188,000.00
Scope of Services: Earth Systems was retained to provide grading observation and testing, materials
testing, and geologic oversight during construction of the final 2/3 of the plant expansion after the
initial consultant was replaced. Earth Systems staff provided compaction testing of fill materials,
conformance testing of fill materials, and conformance testing of construction materials.
Key Personnel: Kevin Paul, Mark Spykerman, Mark Houghton, Steve Clanton
Completion Date: 2017
2. Proposed Staffing and Project Organization
Key Personnel
As presented below (and in the following resumes), Earth Systems local team members have
worked together on many projects. They have worked for Earth Systems for many years and, most
importantly, have worked together for the same client on many different projects. This not only
demonstrates that Earth Systems performance has been a key factor in retaining repeat clients,
but also that the team members have exemplary client working relationships.
Earth Systems has the available staff resources ad fiscal stability to fulfill the needs of the City of La
Quinta during all phases of your projects and has the deep staff to allow us to support your time
schedules.
Earth Systems City of La Quinta / 6
On-Call Materials Testing Services
LOCAL STAFFING PLAN (Primary Personnel)
Geotechnical Engineering & Geology
Mark S. Spykerman, EG: Associate Engineering Geologist
Kevin L. Paul, PE, GE: Associate Geotechnical Engineer
Anthony Colarossi, PE: Project Engineer
Field and Laboratory Testing and Reporting
Oversight and supervision provided by staff listed above, plus:
Mark Houghton: Materials Testing and Special Inspection – Field and Laboratory
William Kennedy: Laboratory Manager – Soils and Materials Testing
Steve Clanton: Senior Supervisory Technician – Soils and Materials
Shane Schmidt: Soils and Materials Testing/Inspection
Juan Nunez: Soils Testing: Field
Jose Cruz: Soils and Materials Testing: Field and Lab
Multiple Special Inspectors (due to limited page count, an Organization Chart can be provided
upon request)
Mark Houghton, ACI, NICET, ICBO (concrete, masonry)
Senior Materials Inspector and Supervisor (Project Manager, Managing Principal)
Mr. Houghton has over 35 years’ experience providing materials testing and observation and
Special Inspection. Mr. Houghton manages a large staff of certified special inspectors with
appropriate ICBO, DSA, NICET, AWS, and other credentials. For this commission, Mr. Houghton
provides the daily technical oversight and quality control of the technicians and inspectors
assigned. Mr. Houghton manages the team of technicians in strict adherence of the project plans
and specifications. He brings immediate attention to any deviations to the project representatives,
as appropriate. Additionally, Mr. Houghton provides materials testing oversight and assists with
signatory review of laboratory tests.
Mr. Houghton’s role is strengthened by having field inspector experience. He has developed
innovative solutions to many testing and inspection challenges for DSA regulated clients.
Additionally, in conjunction with Mr. Paul, Mr. Houghton administers and records a testing and
learning maintenance program for technicians and inspectors.
Mark Spykerman, PG #3800, EG #1174, HG #331
Associate Engineering Geologist
Mr. Spykerman has over 40 years of experience in engineering geology, geotechnical engineering,
environmental services, and project management including preparation of reports pertaining to
fault and seismic hazards, slope instability, fissuring, seepage, percolation testing, and groundwater/
soil contamination. This includes direct contact with the client, consultants and public agencies,
as well as the coordination and direction of fieldwork, personnel, equipment, laboratory testing,
and analysis.
Mr. Spykerman is a registered professional geologist and certified engineering geologist in good
standing in the State of California since 1983. Mr. Spykerman has been registered in California
as a certified hydrogeologist since 1995. During his 42-year career, he has provided geologic and
geotechnical services for large and small residential projects, commercial projects, school and
Earth Systems City of La Quinta / 7
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hospital projects, water districts, and wind/solar projects. Mr. Spykerman also has experience in
the design of small dams (DOSD jurisdiction) and retention basins.
As managing principal of Earth Systems Inland Empire and Coachella Valley area and associate
engineering geologist, Mr. Spykerman provides project management, hands-on technical services,
staff direction, and coordination of specific services, as requested.
Kevin L. Paul, CE #70084, GE #2930
Principal Geotechnical Engineer
Mr. Paul has over 19 years of geotechnical experience with projects throughout the Inland Empire
including projects in Menifee, Corona, Norco, Eastvale, Pomona, Colton, San Bernardino, Perris,
Riverside, Rubidoux, Irvine, Joshua Tree, Beaumont, Banning, Palm Springs, Desert Hot Springs,
Coachella, Indio, La Quinta, Rancho Mirage, and Palm Desert. Mr. Paul will be the principal
geotechnical engineer for projects providing direct geotechnical engineering work or oversight.
Mr. Paul is also the responsible Engineering Manager for our DSA certified laboratories in Perris
and Bermuda Dunes. He oversees all geotechnical, materials, and laboratory reports prepared in-
house, is an integral part of our quality assurance program, and directs training of our geotechnical
staff.
Other staff include:
Steve Clanton, ICC, ACI (concrete and Soils), Caltrans
Senior Technician
Mr. Clanton has been involved with geotechnical testing for over 27 years, including concrete
sampling and testing, preparing written reports, and laboratory soils and materials testing.
Shane Schmidt, ACI (concrete), Caltrans
Field Technician/Inspector
Mr. Schmidt has been involved with geotechnical testing, materials testing, asphalt paving testing,
concrete sampling and testing, batch plant inspection, preparing written reports and laboratory
soils and materials testing for over 15 years.
William Kennedy, NICET, ACI (concrete), Caltrans
Laboratory Manager
Mr. Kennedy has over 30 years of experience in materials testing. He has been involved with
geotechnical testing, concrete sampling and testing, preparing written reports and laboratory soils
and materials testing.
Project Manager
The name of the Project Manager is:
Mr. Mark Houghton
Earth Systems
79-811B Country Club Drive
Bermuda Dunes, CA 92203
(Ph): 760-345-1588
Email: mhoughton@earthsystems.com
After hours emergency phone number: 760-250-8004
Earth Systems City of La Quinta / 8
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Availability of Key Personnel
Earth Systems takes great care when assembling a team. We select team leaders and staff with the
proper experience, background, and availability to fulfill your projects and schedule requirements.
Earth Systems has the required experienced personnel within our Bermuda Dunes and other
southern California offices to dedicate to your projects throughout your project duration.
Earth Systems’ principal-in-charge, principals, and key staff will be available to the extent necessary
to successfully execute assignments that arise during this commission. Our current work load
is moderate, and we do not envision difficulty in committing personnel to the City’s projects,
regardless of type of project or geographic location.
Resumes for each key team member are included in the Appendix.
Organizational Chart
Mark Houghton
Managing Principal
Earth Systems
Southwest
Mark Houghton, ICC, ACI
Testing & Special Inspection Field
& Lab, Provide Materials Testing
Oversight
Kevin Paul, PE, GE
Principal Geotechnical Engineer
Project Manager & Engineering Oversight
Geotechnical Engineering & Geology
Steve Clanton, ICC, ACI
Senior Field Technician, Provide
Field Soils Testing Oversight
Anthony Colarossi, PE
Project Engineer
Engineering Evaluation
William
Kennedy, NICET I
Laboratory Manager
Perform Lab Testing
Alexander
Schriener, PG
Associate Geologist
Provide Environmental Evaluation
Shane Schmidt, ACI
Field Technician/
Inspector, Perform Field
Materials Testing
Rocio Carrillo, PE
Project Engineer
Engineering & Field
Work
Juan Nunez
Field Technician
Provide Field Soils Testing
Jose Cruz, ACI
Field Technician
Special Inspectors
Guillermo Jimenez, AWS, ICC
Justin Jimenez, ACI, ICC
Dave Kretz, AWS, ICC, ACI
William LeFave, AWS, ICC, ACI
Anthony Pacheco, AWS
Jack Rearick, AWS
Provide Project Special Inspection
Environmental Administrative
Cole Jones
Oversee Office Admin.
Mary Rubio
Word Processing
Julian Geisinger
Staff Geologist/
Technician
Earth Systems City of La Quinta / 9
On-Call Materials Testing Services
3. Work Plan/Technical Approach
• Review project plans, specifications and Geotechnical report to gain thorough
understanding of materials to be used. Review of plans, specifications and reports shall be
performed in our Bermuda Dunes office by our engineer who provided public works plans
examination for other cities and departments. These reviews shall provide notification
of the conformance to construction documents and relevant codes as required by the
different projects.
• Recommend street structural sections and street rehabilitation alternatives. Street section
analysis can be performed to provide coring, logging, crack mapping, failure determination
and laboratory testing of the soil, bases, membranes and asphalt. These studies can
produce rehabilitation reports and data for the repair or adequate construction methods
for roadway development.
• Coordinate material testing activities and source inspections through the resident engineer.
Shop and source inspections will be provided upon request and coordination of in town
and out of town facilities. These services will include identification of materials, fabrication
procedure examination, component marking and tagging and shipment tracking.
• Conduct required tests for steel, concrete, soil subgrade, backfill, hot mix asphalt,
aggregate base and other materials used on individual projects. Our technicians are
Caltrans certified for soil, base and asphalt. Our inspectors are certified by ICC and AWS
and have been approved for Caltrans projects. The Bermuda Dunes laboratory is Caltrans,
AMRL, CCRL and ASHTO accredited.
• Observe methods used by contractor to place materials and notify Resident Engineer of
practices that may cause non-conforming test results. Quality Assurance and consultation
may be provided by our staff technician which each have a minimum of 15 years of
experience in their field of expertise. Their daily activities are overseen by a senior
Engineer on our staff. Together most issues can be documented and reported to the
Resident Engineer to assist in remediation of inadequate construction methods. Earth
Systems offers decades of experience and extensive Geotechnical knowledge within the
Coachella Valley.
• Maintain summary logs of material tests performed throughout the duration of each
project. Summary logs and tables with completed As-built reports are provided by Earth
Systems for the projects we provide observation and testing and are available upon
request.
Earth Systems City of La Quinta / 10
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4. Cost and Price
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE
(Effective January 1, 2019 - June 30, 2019)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering
geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for
services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon
request; fixed-fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a
specific project, please contact our office.
PERSONNEL Hourly Rate
Principal Professional ............................................................................................................................................. $210.00
Associate Professional ........................................................................................................................................... $188.00
Senior Professional ................................................................................................................................................ $166.00
Project Professional ............................................................................................................................................... $150.00
Staff Professional ................................................................................................................................................... $110.00
Special Inspector, Prevailing Wage* ...................................................................................................................... $110.00
Technician, Prevailing Wage* ................................................................................................................................ $102.00
Special Services/Caltrans Technician, Prevailing Wage* ....................................................................................... $110.00
Special Services Technician .................................................................................................................................... $110.00
Special Inspector ...................................................................................................................................................... $94.00
Technical Assistant and Drafter ............................................................................................................................... $90.00
Technician ................................................................................................................................................................ $83.00
Clerical/Administrative ............................................................................................................................................ $75.00
* Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.
BASIS OF CHARGES, GENERAL
1. Field technician services for regular work days for non- Prevailing Wage projects are subject to a 2-hour minimum charge
and billed in 2-hour increments portal to portal. Special inspection is billed in 4-hour increments. Over-time is billed in
1-hour increments.
2. Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in
one day) for personnel are at time and one-half; Sundays and holidays are at double time. Work performed on weekends,
holidays, and when work starts outside of regular business hours is subject to a 4-hour minimum charge.
3. Charges are calculated in one-hour increments and accumulate on a portal-to portal basis.
4. A 2-hour cancellation charge applies if scheduled inspection or testing is cancelled after 3 p.m. the day prior to the
scheduled work.
5. Mileage is invoiced at a rate of $0.90/mile (portal-to-portal).
6. Nuclear gauge charge: $12.50 per hour.
7. Subcontracted services, materials, rental equipment, out of town travel, and expenses are charged at cost plus 20
percent. Fixed per diem rates for specific projects can be provided upon request.
8. Minimum report charge: $150.00. Report copies: $25.00 each (minimum). Posting of electronic documents to project
websites will be charged at clerical/administrative services rate.
9. Invoices are payable upon presentation. Invoices thirty days past due are subject to a service charge of one and one -half
percent per month. Payments using a credit card will be assigned a 3% surcharge.
PREVAILING WAGE PROJECTS
1. Field technician services for regular work days for Prevailing Wage projects are subject to a 4-hour minimum charge, then
billed in 2-hour increments portal to portal. Special inspection is billed in 4-hour increments. Over-time is billed in 1-
hour increments.
2. The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial
Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to
adjustment. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can
vary for different classifications of work under prevailing wage regulations.
3. State regulations requires electronic submittal of Certified Payroll to DIR. A fee of $75.00/week will be assessed.
Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the
clerical/administrative services rates.
Earth Systems City of La Quinta / 11
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JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2019 - June 30, 2019)
BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the
Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional
hourly charge ($80.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted,
for steel samples.
SOILS
All prices are based on California and Modified California sample sizes (2” – 2.5” diameter) unless noted otherwise. Preparation
of 3” diameter samples add $20.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for
proper disposal.
Atterberg Limits: Liquid Limit or Plastic Limit................................................................................................................ $105.00
Atterberg Limits: Plasticity Index .................................................................................................................................. $225.00
California Bearing Ratio, 3 points; incl. ref maximum density ...................................................................................... $785.00
California Bearing Ratio, 9 points; incl. ref maximum density ................................................................................... $1,100.00
Consolidation, one dimensional .................................................................................................................................... $236.00
Consolidation, timed, per point ...................................................................................................................................... $63.00
Basic Corrosivity w/out Report (pH, Sulfate, Chl., Resistivity) ...................................................................................... $270.00
Direct Shear, per point, 3 points minimum .................................................................................................................. $265.00
Expansion Index Test ..................................................................................................................................................... $178.00
Maximum Density and Optimum Moisture: 4” Mold ................................................................................................... $210.00
Maximum Density and Optimum Moisture: 6” Mold ................................................................................................... $230.00
Maximum Density and Optimum Moisture: California Impact ..................................................................................... $230.00
Moisture and Unit Weight Determination, from ring samples ....................................................................................... $23.00
Moisture Only .................................................................................................................................................................. $16.00
Permeability Tests, constant head or falling head .................................................................................................... Per Quote
R-Value .......................................................................................................................................................................... $470.00
R-Value, CA State Hwy/set of 3, Cement, Lime, Other additives .................................................................................. $470.00
Hydro Collapse Potential ............................................................................................................................................... $135.00
Hydrometer Analysis, assumed specific gravity, with 200 wash ................................................................................... $225.00
Sieve/Hydrometer Analysis, assumed specific gravity, w/200 wash............................................................................. $225.00
Sieve Analysis, Aggregate Base/Subbase ...................................................................................................................... $170.00
Sieve Analysis 200 wash only ........................................................................................................................................ $115.00
Sieve Analysis with wash ............................................................................................................................................... $136.00
Sieve Analysis, Oversize Material .................................................................................................................................. $199.00
Specific Gravity .............................................................................................................................................................. $178.00
Swell Test, undisturbed ................................................................................................................................................. $178.00
Swell Test, remolded ..................................................................................................................................................... $225.00
Unconfined Compressive Strength, untreated .............................................................................................................. $158.00
Unconfined Compressive Strength, lime or cement treated material .......................................................................... $550.00
THERMAL RESISTIVITY TESTS
Concrete, 1 point w/moisture content (requiring special collection procedure) ................................................................... $210.00
Field Testing using Thermal Resistivity Meter ........................................................................................................................ $315.00
Soil, per moisture point, per sample ...................................................................................................................................... $260.00
Soil, 3 moisture points with dry‐out curve, per sample ......................................................................................................... $780.00
CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions ..................................................................................................................... $250.00
Absorption, Coarse Aggregate .................................................................................................................................................. $89.00
Absorption, Fine Aggregate .................................................................................................................................................... $136.00
Clay Lumps and Friable Particles in Aggregate ....................................................................................................................... $116.00
Cleanness Value of Coarse Aggregate .................................................................................................................................... $165.00
Crushed Particles, each size .................................................................................................................................................... $116.00
Durability Index, Coarse or Fine Aggregate ............................................................................................................................ $165.00
Earth Systems City of La Quinta / 12
On-Call Materials Testing Services
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2019 - June 30, 2019)
Flat and Elongated Particles in Aggregate .............................................................................................................................. $116.00
Organic Impurities in Fine Aggregate ....................................................................................................................................... $90.00
Potential Reactivity of Aggregated by Chemical Method, each size ................................................................................... Per Quote
Sand Equivalent ...................................................................................................................................................................... $135.00
Sieve Analysis, washed ........................................................................................................................................................... $165.00
Soundness, Sodium Sulfate, 5 cycles ...................................................................................................................................... $345.00
Specific Gravity, Coarse Aggregate ......................................................................................................................................... $135.00
Specific Gravity, Fine Aggregate ............................................................................................................................................. $135.00
Uncompacted Void Content of Fine Aggregate Angularity, w/fine Aggregate SG .................................................................. $230.00
Unit Weight of Aggregate ....................................................................................................................................................... $135.00
CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders ......................................................................................................................................... $32.00
Compression Test of Cored Samples, cored at laboratory ....................................................................................................... $90.00
Compression Test of cores delivered by others ....................................................................................................................... $75.00
Compression Test of Lightweight Concrete .............................................................................................................................. $35.00
Density of Concrete Cylinders .................................................................................................................................................. $70.00
Density of Hardened Concrete ............................................................................................................................................... $100.00
Flexural Strength, Simple Beam with Third Point Loading ..................................................................................................... $150.00
Grading of Shotcrete Cores .................................................................................................................................................... $150.00
Sample Storage, monthly per sample ....................................................................................................................................... $25.00
Shrinkage, set of 3 .................................................................................................................................................................. $400.00
Unit Weight of Lightweight Concrete ..................................................................................................................................... $100.00
Enviro. Recycling Fee, per cylinder, core or beam .......................................................................................................................$2.00
Enviro Recycling Fee, per flex beam ............................................................................................................................................$5.00
Enviro Recycle Fee/Form Stripping, per shotcrete panel/beam............................................................................................... $50.00
MASONRY
Absorption of Block, set of 3 .................................................................................................................................................. $150.00
Compression Test, 2” x 4” Mortar Cylinders ............................................................................................................................ $40.00
Compression Test, 3” x 3” x 6” Grout Samples ......................................................................................................................... $40.00
Compression Test on Block, set of 3 ....................................................................................................................................... $150.00
Compression Test on Grouted Prisms, includes cutting ......................................................................................................... $220.00
Compression Test on Masonry Cores ....................................................................................................................................... $75.00
Coring of Grouted Masonry by Subcontractor ................................................................................................................... cost + 20%
Masonry Shrinkage, set of 3 ................................................................................................................................................... $300.00
Moisture Content of Block as received, set of 3 ..................................................................................................................... $125.00
Shear Test on Masonry Cores, 2 faces .................................................................................................................................... $150.00
Specific Gravity and Unit Weight of Block, set of 3 ................................................................................................................ $170.00
Enviro Recycling Fee, per masonry prism ....................................................................................................................................$3.00
Enviro Recycling Fee, per mortar or grout sample ......................................................................................................................$2.00
FIREPROOFING
Fireproof Bond Test .................................................................................................................................................................. $75.00
Fireproofing Density Test ......................................................................................................................................................... $90.00
ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples .......................................................................................... $50.00
Compaction of Lab Samples, CA Kneading Compactor, set of 3 ............................................................................................. $400.00
Compaction of Lab Samples, CA Kneading Compactor, set of 5 ............................................................................................. $650.00
Compaction of Lab Samples, Marshall Method set of 3 –(50 blows/side) ............................................................................. $300.00
Compaction of Lab Samples, Marshall Method set of 3 –(75 blows/side) ............................................................................. $400.00
Extraction of Oil from A.C. Mixtures ....................................................................................................................................... $275.00
Extraction of Oil from Rubberized Mixtures ........................................................................................................................... $360.00
Earth Systems City of La Quinta / 13
On-Call Materials Testing Services
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2019 - June 30, 2019)
Ignition Oven Binder Content, after initial correction value is determined ........................................................................... $185.00
Ignition Oven Binder Content Correction Value /mix design, average of 3 ............................................................................ $850.00
Ignition Oven Gradation Correction Value, per mix design ................................................................................................. Per Quote
Moisture Content ..................................................................................................................................................................... $50.00
Sieve Analysis of Extracted Aggregate .................................................................................................................................... $200.00
Sieve Analysis of Ignition Oven Residue ................................................................................................................................. $200.00
Specific Gravity, Theoretical Maximum, Rice Method ............................................................................................................ $150.00
Stability and Flow, Marshall Apparatus, set of 3 .................................................................................................................... $230.00
Stabilometer, Hveem S-Value, set of 3 ................................................................................................................................... $200.00
Enviro Recycling Fee, per sample ................................................................................................................................................$3.00
Enviro Recycling Fee for Extracted Oils..................................................................................................................................... $35.00
* Includes formal report of test results following 28-Day tests. Formal reports for earlier tests are subject to an additional $25.00 fee
REINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, sample preparation not included .............................................................................. $165.00
Pipe Flattening Test, sample preparation not included ................................................................................................ $165.00
Reinforcing Steel Coupler Tensile and Slip Tests ........................................................................................................... $300.00
Structural Steel Bend Test, sample preparation not included ...................................................................................... $165.00
Structural Steel Machining/Sample Preparation .......................................................................................................cost + 20%
Structural Steel Tensile Test, sample prep not included ............................................................................................... $165.00
Tensile and Bend Tests of Reinforcing Bar, #2 through #9............................................................................................ $150.00
Tensile and Bend Tests of Reinforcing Bar, #10 through #18 ................................................................................... Per Quote
Enviro Recycling Fee, per sample ...................................................................................................................................... $2.00
BOLT TESTS
Bolt Tests, chemical or mechanical ...........................................................................................................................cost + 20%
WELDER QUALIFICATION
AWS D1.1: 3/8” Plate, per position ........................................................................................................................... Per Quote
AWS D1.1: 1” Plate, per position ............................................................................................................................... Per Quote
AWS D1.3: Sheet Steel ............................................................................................................................................... Per Quote
AWS D1.4: Reinforcing Bar ........................................................................................................................................ Per Quote
ASME/API Pipe Sections ............................................................................................................................................ Per Quote
EQUIPMENT/CHARGES (Does Not Include Personnel)
110-volt Portable Electric Generator .................................................................................................................... $100.00/day
Anchor Pull Test Equipment ...................................................................................................................................... $75.00/hr.
Bailer (disposable) w/dedicated rope ...................................................................................................................... $25.00/ea.
Concrete and Asphalt Concrete Coring Equipment............................................................................................... $100.00/day
Concrete Slab Moisture Transition Kit...................................................................................................................... $50.00/ea.
Conductivity Meter.................................................................................................................................................. $80.00/day
Cut-Off Saw ............................................................................................................................................................. $75.00/day
Double Ring Infiltrometer (per set) ....................................................................................................................... $150.00/day
Drum Dolly............................................................................................................................................................... $20.00/day
Drums ....................................................................................................................................................................... $75.00/ea.
Dynamometer, In-line Scale .................................................................................................................................... $50.00/day
Hammer Drill ........................................................................................................................................................... $50.00/day
Hand Auger/Sampler Equipment ............................................................................................................................ $50.00/day
Lock n, Load VOC Sample Pres. Sys. ......................................................................................................................... $20.00/ea.
Magnetic Particle Equipment .................................................................................................................................... Per Quote
Manometer ........................................................................................................................................................... $100.00/day
Mini-Troll Groundwater Level Transducer ................................................................................................................ Per Quote
Earth Systems City of La Quinta / 14
On-Call Materials Testing Services
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2019 - June 30, 2019)
Nuclear Density Equipment, per hour ............................................................................................................................. $12.50
Paint Thickness Meter ............................................................................................................................................... Per Quote
Percolation Tank System and Trailer ..................................................................................................................... $250.00/day
Personal Protective Equipment Level C..................................................................................................................... Per Quote
Pile Driving Equipment (for pile load testing) ....................................................................................................... $800.00/day
Pile Load Testing Equipment ................................................................................................................................. $500.00/day
Pulse Velocity Meter ............................................................................................................................................. $100.00/day
Rebound Hammer (Schmidt Hammer) .................................................................................................................... $50.00/day
Reinforcing Steel Locating Equipment (DR-Meter) ................................................................................................. $75.00/day
Relative Humidity Meter ......................................................................................................................................... $50.00/day
Rhino Off Road Vehicle .......................................................................................................................................... $100.00/day
Safety and Specialty Equipment ................................................................................................................................ Per Quote
Sampling Consumables ............................................................................................................................................. Per Quote
Skidmore Bolting Calibration Equipment .............................................................................................................. $200.00/day
Slope Inclinometer Equipment, per hole .................................................................................................................. Per Quote
Soil Sampling Containers (metal) ............................................................................................................................. $15.00/ea.
Soil Sampling Containers (glass) ................................................................................................................................. $2.00/ea.
Tape Extensometer ................................................................................................................................................... Per Quote
Tension Equipment ................................................................................................................................................. $50.00/day
Torque/Tension Equipment .................................................................................................................................... $60.00/day
Water Level Indicator .............................................................................................................................................. $45.00/day
Per Diem ................................................................................................................................................................ $150.00/day
DIR Compliance/eCPR, per week ..................................................................................................................................... $75.00
DSA Box Posting, ea. ...................................................................................................................................................... $145.00
DSA Lab Compliance, per week ....................................................................................................................................... $50.00
Vehicle Mileage Charge/mile ............................................................................................................................................ $0.90
Earth Systems City of La Quinta / 15
On-Call Materials Testing Services
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
EXPERT WITNESS SERVICES
(Effective January 1, 2019 - June 30, 2019)
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.
HOURLY CHARGES FOR PERSONNEL
Principal Professional ........................................ $420.00
Associate Professional ....................................... $315.00
Senior Professional ............................................ $265.00
Clerical/Admin Services ....................................... $95.00
SPECIAL SERVICES
Deposition ................................................. $420.00/hr.2
Arbitration ................................................... $420.00/hr.
Court Appearance/Hearings ........... $1,575.00/half day3
Standby to Appear .................................... $790.00/day4
BASIS OF CHARGES
1. Hourly rates are charged during investigation, analysis, consultation, and preparation services.
2. Estimated deposition fee payable in advance by party requesting deposition. The difference between advance
payment and final fee to be billed or refunded in accordance with the fee and billing information in this schedule.
Fee for reviewing deposition transcript will be billed at hourly rates to the party requesting the review.
3. Minimum half day charge will apply to court appearances and hearings. Time extending through the noon hour will
be subject to the full day charge of $3,150.00.
4. Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during which we are not
required to be away from our offices will be subject to a standby charge of $790.00. Standby at other locations will
be charged at the general hourly rates.
Earth Systems City of La Quinta / 16
On-Call Materials Testing Services
Appendices
• Insurance Acknowledgement
• Resumes
• Noted Expectations
• Signed Non-Collusion Affidavit Form
Insurance Acknowledgement
Earth Systems acknowledges that we can comply with the insurance requirements outlined in
Exhibit E – Insurance Requirements set forth in the RFP.
Earth Systems Resume
Mark Houghton Managing Principal, Soils & Materials Testing/Inspection Supervisor
Mr. Houghton supervises construction testing and observation services for
schools, colleges, hospitals, military projects, commercial and residential
developments, wastewater treatment facilities, and municipal buildings. Mr.
Houghton is experienced in laboratory and field-testing, and inspection for soil,
shotcrete, concrete, and asphalt placement. He has provided roller-compacted
concrete design and quality control programs for Division of Dam Safety
projects. In addition, Mr. Houghton provides analysis and studies on stressed
structures and materials, including Forensic testing, rehabilitation programs,
and seismic damage studies. Mr. Houghton is intimately familiar with DSA
inspections and submittal requirements as well as “Box” and inspection card
programs.
KEY QUALIFICATIONS
• ACI Concrete Testing Technician, No. Level I – February 1987
• NICET, Construction, Lab, Exploration, No. Level III – March 1992
• ICBO Reinforced Concrete, No. 77106 – November 1994
• Hazardous Waste Operations, February 1994
• NRMCA Pervious Concrete Technician – October 2007
• NRMCA Approved Plant Inspector – November 2008
AREAS OF EXPERTISE/or RELEVANT PROJECTS
• 5 Tower Sites – Patriot Towers – Forensic Structural Evaluation
• Shadow Hills High School – DSUSD – Materials Testing and
Inspections
• Shadow Hills High School Stadium – DSUSD – Forensic Structural
Evaluation
• Fox Theater Riverside - City of Riverside - Forensic Structural
Evaluation
• Desert Regional Medical Center – DRMC– Materials Testing and
Inspections
• Thousand Palms Fire Technology Center – County of Riverside
• Eisenhower Medical Center – EMC– Materials Testing and Inspections
• Performing Arts Center Temecula Valley High School - Forensic
Structural Evaluation
• Avenue 52 Bridge – Granite – Materials Testing and Inspections
• Fred Waring Bridge – Granite – Materials Testing and Inspections
• Embassy Suites Hotel – Santa Rosa Plaza – Materials Testing and
Inspections
• Pabco Solar Field Nevada – Access Consulting – Foundation Test
Development
• E Solar - Foundation Test Development
• Superior Ready Mix – Plant Certification
• Palm Springs Tramway Upgrade - Materials Testing and Inspections
• Larson Justice Center – County of Riverside - Materials Testing and
Inspections
• Littlerock Dam (CA) Roller-Compacted Concrete Testing
REGISTRATIONS AND CERTIFICATIONS
ACI Concrete Testing Technician, Levels I
and II
NICET, Construction, Lab, Exploration, Level
III
ICBO Reinforced Concrete, No. 0845226-88
ICBO Reinforced Masonry, No. 0845336-84
CGEA CET No. 193
EDUCATION
Antelope Valley College
Lancaster, CA
NRMCA Pervious Concrete Technician
Training
OSHA 40-Hour Safety Trained
Loss Prevention System Program Trained
American Concrete Institute
Troubleshooting Concrete Construction
Training
California Geotechnical Engineers
Association Technician Certification
Program
PROFESSIONAL AFFILIATIONS
International Conference of Building
Officials (ICBO)
American Concrete Institute (ACI)
California Geotechnical Engineers
Association (CGEA)
National Institute for Certification
Engineering Technologies (NICET)
National Ready Mixed Concrete Association
(NRMCA)
EMAIL
mhoughton@earthsystems.com
Earth Systems Resume
Mark S. Spykerman Associate Engineering Geologist, Senior Vice President
Mr. Spykerman is an associate engineering geologist of Earth Systems at Perris and
Bermuda Dunes. Mr. Spykerman has over 40 years of experience as a geoprofessional.
Employed with Earth Systems for 36 years, he conducts geologic hazards studies and
provides engineering geology expertise relating to the construction of projects such as
infrastructure, schools, hospitals, flood control dams, and master-planned communities.
Mr. Spykerman also provides project management, peer review, client management, and
public presentations.
AREAS OF EXPERTISE
• Geologic hazards studies to identify the presence of active and inactive faults
and the potential for landsliding, liquefaction, fault rupture, fissuring,
rockfalls, debris flows, and slope instability.
• Preliminary environmental site assessments entailing site reconnaissance,
historical research, regulatory agency records and database searches, aerial
photograph review, and final report preparation.
• Familiarity with the Health Department requirements of Los Angeles,
Riverside, and San Bernardino counties for on-site sewage disposal systems
and testing for Health Department over-sight. Engineering geology peer
review services for local Cities.
• Familiarity with County and State geological and their requirements to aid in
project approval and construction.
KEY QUALIFICATIONS/or RELEVANT PROJECTS
Water Tank Sites. Mr. Spykerman has provided geologic and seismic hazards assessments
for various water storage reservoirs in southern California including detailed fault
evaluations, slope stability analysis, and rippability studies for sites in the Antelope Valley,
Inland Empire, Ridgecrest area, and Coachella Valley. Water Districts for which geologic
services were provided include Palmdale Water District, Little Rock Irrigation District,
Antelope Valley-East Kern Irrigation District, Los Angeles County Water District, Rancho
California Water District, Indian Wells Valley Water District, Coachella Valley Water
District, and Rubidoux Community Services District.
City of Indian Wells and City of Coachella. Mr. Spykerman provides engineering geology
peer review services.
City Ranch, Ritter Ranch, Fiesta de Vida, and Indian Trails specific planned communities
in Palmdale and Indio. Project manager and senior engineering geologist where surface
fault rupture hazards were the primary geologic hazard.
Jackson Ranch, Vista Asoledo, PGA West, and Andalusia residential tracts near La
Quinta. Project manager and senior engineering geologist where potential fissuring
hazards were evaluated.
Wrightwood Guest Ranch. Project manager and hydrogeologist for the project where
sewage disposal feasibility and design in complex fault and mountainous terrain where
impacts to potable groundwater extraction wells were of concern.
Antelope Valley Hospital (Lancaster), Eisenhower Hospital (Palm Desert), Hoag Hospital
(Newport Beach), West Hills Medical Center (West Hills), and Hi Desert Regional
Medical Center (Joshua Tree). Project manager and engineering geologist for seismic
hazards analysis for improvements.
Flood Control Dams. Project manager and senior engineering geologist for small flood
control dam projects (Amargosa Creek, Palmdale, Sierra Pelona Park, Palmdale, and Eagle
Canyon, Cathedral City).
Construction Monitoring. Project manager and engineering geologist for residential,
school, hospital, dam, and infrastructure projects including engineering geology mapping,
remedial grading, and supervision of technical staff.
REGISTRATIONS AND CERTIFICATIONS
Certified Engineering Geologist, State of
California (No. 1174)
Professional Geologist, State of California
(No. 3800)
Certified Hydrogeologist, State of California
(No. 331)
EDUCATION
B.A., Geology, California State University,
Fresno
PROFESSIONAL AFFILIATIONS
Association of Engineering and
Environmental Geologists
Seismological Society of America
EMAIL
mspykerman@earthsystems.com
Earth Systems Resume
Kevin L. Paul Senior Geotechnical Engineer
Mr. Paul has over 17 years of experience in the geotechnical engineering, materials
engineering, materials testing and inspection, and environmental services field. He is
also an experienced Qualified Project Manager with responsibility of multi-million-dollar
project fees. Mr. Paul’s work includes direct contact with the client, consultants and
public agencies; proposal preparation, contract negotiation, coordination and
preparation of project teams, direction of fieldwork, personnel and equipment,
laboratory testing and analysis, and report preparation such that excellent client service
is provided and client retention in assured.
KEY QUALIFICATIONS
• Amistad High School, Desert Sands USD. Supplemental geotechnical
engineering report for evaluation of stone columns and lateral spreading
hazard. Acted as senior geotechnical engineer.
• Air National Guard, Predator Aircraft Beddown Hanger, Victorville,
California. Geotechnical Engineer of Record for a new Predator Aircraft
Hanger and facility for the Air National Guard. Reports were prepared under
Unified Facilities Criteria, Army Corps guidelines.
• Union Pacific Railroad, HDR Engineering, Auto Facility Expansion, Mira
Loma, California. Geotechnical Engineer of Record for a Union Pacific Railroad
administration building, railroad track realignment, steeped fill slopes, and
auto facility storage parking area in the City of Mira Loma, California.
• San Bernardino County Flood Control District, FEMA Levee Certification,
Phase 2, Non-Federal Levee Certification Project. Geotechnical Engineer of
Record during Phase 2 of the FEMA certification process for non-Federal
levees for San Bernardino County Flood Control District to evaluate, from a
geotechnical standpoint, whether the levees meet or exceed the current
FEMA requirements for levee certification.
• Riverside Public Utility and Southern California Edison. Acted as
Geotechnical Engineer of Record for the design of new 69kV and 220kV
transmission substations and power transmission lines throughout the city of
Riverside, California.
• Various Utility Scale Solar Plants. Acted as Geotechnical Engineer of Record
for the design and construction of various utility scale solar photovoltaic
systems (solar arrays) which will provide solar derived power. The arrays are
located in central and southern California, and Arizona, and total over 10,000
acres combined.
AREAS OF EXPERTISE
His geotechnical engineering experience includes being the geotechnical engineer for
utility transmission lines, pipelines, railroads (AREMA), roadways (city, county, and
Caltrans), airports, helipads (FAA and military design), bridges (city, county, and
Caltrans), hospitals, schools, nursing homes (OSHPD and DSA oversight and review),
large industrial complexes, commercial and residential developments, power
transmission towers, solar-arrays, mining, military offices and hangers, deep excavation,
dewatering, parking structures, pavements, storage tanks, slope stability and
liquefaction studies. Mr. Paul has also been the materials engineer for many varied
Special Inspections including cast-in-place caissons, and engineering review of teams of
special inspectors overseeing concrete, rebar, masonry, high strength bolting, and
welding operations. Mr. Paul is the Engineer-of-Record for the Earth Systems Perris and
Bermuda Dunes, California laboratories in regard to AASHTO Materials References
Laboratory (AMRL) and Cement and Concrete Reference Laboratory (CCRL)
accreditation, California Department of Transportation (Caltrans) certified laboratory,
and Division of State Architect (DSA) Laboratory Evaluation and Acceptance (LEA)
programs.
REGISTRATIONS AND CERTIFICATIONS
Registered Professional Engineer
(Geotechnical), State of California,
(No. 2930)
Registered Professional Engineer (Civil),
State of California, (No. 70084)
Registered Professional Engineer (Civil),
State of Arizona, (No. 53526)
Registered Professional Engineer (Civil),
State of Nevada, (No. 22338)
EDUCATION
B.S., Civil Engineering, Ryerson Polytechnic
University, Toronto, Canada
Licensed Radiation Safety Officer
OSHA 40 Hour safety trained
Loss Prevention System (LPS) Program
Trained
Exxon Mobil Oil Corporation, Loss
Prevention System Safety Program Trained
Personal Leadership Essentials, 16 Hour
Course
AWARDS
Excellence Award for Major Retail,
Commercial and Industrial Project
Excellence, Technical Training Seminar, Best
Project/Project Management for 75-million-
dollar renovation of the Galleria at Tyler
Mall in Riverside, California. Company Fees
over $1.5 million.
2016 ASCE Flood Control California Project
of the Year, Eagle Canyon Dam and Debris
Basin
PROFESSIONAL AFFILIATIONS
Lifetime Member, Golden Key International
Honor Society
EMAIL
kpaul@earthsystems.com
Earth Systems Resume
Steven Clanton Supervisory Field Technician/Laboratory Manager
Mr. Clanton has been involved with geotechnical testing, concrete
sampling and testing, preparing written reports and laboratory soils and
materials testing.
KEY QUALIFICATIONS
• ICC – Soils Inspector 8045991-EC
• ACI Concrete Field Testing, Technician Grade 1
• 40 Hour Hazardous Waste Worker
• 24 hour First Response Operations Level
• Radiation Safety and Nuclear Gauge Certification
• California Geotechnical Engineers Association-Loss Prevention
AREAS OF EXPERTISE/or RELEVANT PROJECTS
• Palm Springs High School – Palm Springs Unified School District
• Temescal Valley Elementary School – Corona-Norco Unified
School District
• Harada Elementary School – Corona-Norco Unified School District
• Indio Elementary School #3 – Desert Sands Unified School District
• Country Club of the Desert Golf Course – Country Club of the
Desert
• Indian Ridge Golf Course – Sunrise Company
• Mirada Estates – Stroker Construction
• Heritage Palms Country Club – Lennar Homes
• Heimark District Center – Anheuser Busch
• Desert Regional Airport off site improvement
• Heart Institute – Heart Institute of the Desert
• City of Cathedral City Parkway Structure – City of Cathedral City
• Eagle Canyon Dam - Cathedral City
• Desert Palisades Development - North Palm Springs
• Toscana Country Club - Indian Wells
• Murrieta Road Resurfacing - Menifee
• Highway 111 Improvements - Indian Wells
REGISTRATIONS AND CERTIFICATIONS
ESSW Laboratory Testing Technician –
Grade 1 (Certification)
California Department of Transportation
(Certification)
International Code Council
Soils Special Inspector (Certification)
EDUCATION
High School 1992
EMAIL
sclanton@earthsystems.com
PRIME OFFICE LOCATION
Bermuda Dunes CA
Earth Systems Resume
William Kennedy Laboratory Supervisor
Mr. Kennedy has over 30 years of experience in laboratory testing. He has
been involved with geotechnical testing, concrete sampling and testing,
preparing written reports and laboratory soils and materials testing.
KEY QUALIFICATIONS
Performed soils and materials testing for various roadway improvements,
underground utilities and municipal facilities including:
• Palm Springs Airport, Palm Springs, CA
• Bermuda Dunes Elementary School, Bermuda Dunes, CA
• Highway 86 Improvements, Coachella, CA
• El Mirador/Desert Hospital Expansion, Palm Springs, CA
• Bay Area Light Rail System, Mountain View, CA
• Stockton Sewer Expansion, Stockton, CA
• Palm Canyon Rubberized AC Overlay, Palm Springs, CA
AREAS OF EXPERTISE
• Provides proper protection, handling and storage of project
materials samples.
• Performs all laboratory testing and operations in accordance with
appropriate standards and testing procedures.
• Supervises lab technicians providing quality control and quality
assurance of all laboratory operations.
• Maintains all laboratory and testing equipment, which includes
routine and annual calibrations, by an outside service.
• Authors laboratory testing and inspection reports.
• Receive and Log in incoming samples and assign personnel for
testing.
CERTIFICATIONS
Radiation Safety and Nuclear Gauge Use,
1991
ESSW Laboratory Testing Technician –
5/5/2015
ACI Aggregate Testing Technician – 2013-
2018
ACI Concrete Strength Testing Technician
2013-2018
ACI Laboratory Testing Technician 2013-
2018
Cal-Trans Certification in CTM 105 and 201
NICET National Institute for Certification in
Engineering Technologies Level I – 2016 -
2019
EMAIL
wkennedy@earthsystems.com
Earth Systems Resume
Shane Schmidt Special Inspector
Mr. Schmidt has been involved with geotechnical testing, materials testing,
asphalt paving, concrete sampling and testing, batch plant inspection,
preparing written reports and laboratory soils and materials testing for over
15 years.
KEY QUALIFICATIONS
• ACI Concrete Field Testing, Technician Grade 1
• ACI Concrete Strength Testing Technician
• Arizona Technical Testing Institute Field Technician
• Certified Cal-Trans Field Technician
• Radiation Safety and Nuclear Gauge Certification
• Radiation Safety Officer for Nuclear Gauges
• California Geotechnical Engineers Association loss prevention
• OSHA General Industry Safety & health, 30 hr. course
AREAS OF EXPERTISE/or RELEVANT PROJECTS
• Horizon Alternative Education Complex – Desert Sands USD
• Temescal Valley Elementary School – Corona-Norco USD
• Palo Verde High School – Palo Verde USD
• Toscana Country Club – Sunrise Co.
• Terra Lago –SunCal Companies
• Outdoor Resort Motorcoach - & Spa – Outdoor Resorts
• Heritage Palms – Lennar Group
• Hiemark District Center – Anheuser Busch
• McCarran International Airport Las Vegas NV runway
improvements
• Betty Ford Children’s Pavilion
• Lucy Curci Cancer Center
• JFK Hospital
• North Baja Pipeline Project Ehrenburg Compressor Station
• Chukawalla Valley State Prison Central Chiller Plant & Associated
Pipe Loop
• Indio High School Modernization
• Palm Springs High School Auditorium Renovation
• Coachella Valley Unified School District Education Support
Complex
REGISTRATIONS AND CERTIFICATIONS
ESSW Laboratory Testing Technician –
Grade 2
Nuclear Gauge Safety and Training
1999
Radiation Safety Officer for Nuclear Gauges
2007
ACI Concrete Field Testing Technician
ID: 00018821
ACI Concrete Strength Testing Technician
ID: 00018821
California Department of Transportation
Field Technician 2014-2016
Arizona Technical Testing Institute (ADOT)
Field Technician 2013-2018
EDUCATION
High School Diploma
EMAIL
sschmidt@earthsystems.com
ATTACHMENT 1
CITY OF LA QUINTA DRAFT AGREEMENT FOR CONTRACT SERVICES
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made
and entered into by and between the CITY OF LA QUINTA, (“City”), a California
municipal corporation, and Name[insert the type of business entity, e.g. sole
proprietorship, CA Limited Liability Corp, an S Corp.] (“Contracting Party”).
The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and
conditions of this Agreement, Contracting Party shall provide those
services related to OnCall Materials Testing Services, as specified in the
“Scope of Services” attached hereto as “Exhibit A” and incorporated
herein by this reference (the “Services”). Contracting Party represents
and warrants that Contracting Party is a provider of first-class work
and/or services and Contracting Party is experienced in performing the
Services contemplated herein and, in light of such status and
experience, Contracting Party covenants that it shall follow industry
standards in performing the Services required hereunder, and that all
materials, if any, will be of good quality, fit for the purpose intended.
For purposes of this Agreement, the phrase “industry standards” shall
mean those standards of practice recognized by one or more first-class
firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall
be provided in accordance with all ordinances, resolutions, statutes,
rules, regulations, and laws of the City and any Federal, State, or local
governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply
with applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as
otherwise specified herein, Contracting Party shall obtain at its sole cost
and expense such licenses, permits, and approvals as may be required
by law for the performance of the Services required by this Agreement,
including a City of La Quinta business license. Contracting Party and its
employees, agents, and subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement
any licenses, permits, and approvals that are legally required for the
performance of the Services required by this Agreement. Contracting
Party shall have the sole obligation to pay for any fees, assessments,
and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the performance of the
Services required by this Agreement, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement,
Contracting Party represents warrants that (a) it has thoroughly
investigated and considered the Services to be performed, (b) it has
investigated the site where the Services are to be performed, if any, and
fully acquainted itself with the conditions there existing, (c) it has
carefully considered how the Services should be performed, and (d) it
fully understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement. Should Contracting
Party discover any latent or unknown conditions materially differing from
those inherent in the Services or as represented by City, Contracting
Party shall immediately inform City of such fact and shall not proceed
except at Contracting Party’s risk until written instructions are received
from the Contract Officer, or assigned designee (as defined in Section
4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement
require specialized skills and abilities and that, consistent with this
understanding, Contracting Party’s work will be held to an industry
standard of quality and workmanship. Consistent with Section 1.5
hereinabove, Contracting Party represents to City that it holds the
necessary skills and abilities to satisfy the industry standard of quality
as set forth in this Agreement. Contracting Party shall adopt reasonable
methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent
losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the Services by City, except
such losses or damages as may be caused by City’s own negligence.
The performance of Services by Contracting Party shall not relieve
Contracting Party from any obligation to correct any incomplete,
inaccurate, or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and
conditions of this Agreement, Contracting Party shall perform services
in addition to those specified in the Scope of Services (“Additional
Services”) only when directed to do so by the Contract Officer, or
assigned designee, provided that Contracting Party shall not be required
to perform any Additional Services without compensation. Contracting
Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
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compensation set forth in the Schedule of Compensation, Contracting Party’s
overall compensation shall not exceed the Contract Sum, except as provided
in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which
Contracting Party wishes to receive payment, Contracting Party shall
submit to City no later than the tenth (10th) working day of such month,
in the form approved by City’s Finance Director, an invoice for Services
rendered prior to the date of the invoice. Such invoice shall (1) describe
in detail the Services provided, including time and materials, and (2)
specify each staff member who has provided Services and the number
of hours assigned to each such staff member. Such invoice shall contain
a certification by a principal member of Contracting Party specifying that
the payment requested is for Services performed in accordance with the
terms of this Agreement. Upon approval in writing by the Contract
Officer, or assigned designee, and subject to retention pursuant to
Section 8.3, City will pay Contracting Party for all items stated thereon
which are approved by City pursuant to this Agreement no later than
thirty (30) days after invoices are received by the City’s Finance
Department.
2.3 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer, or assigned designee,
pursuant to Section 1.7 of this Agreement shall be paid for in an amount
agreed to in writing by both City and Contracting Party in advance of the
Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or
less of the Contract Sum may be approved by the Contract Officer, or
assigned designee. Any greater amount of compensation for Additional
Services must be approved by the La Quinta City Council, the City
Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under
no circumstances shall Contracting Party receive compensation for any
Additional Services unless prior written approval for the Additional
Services is obtained from the Contract Officer, or assigned designee,
pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance
of this Agreement. However, the City acknowledges that Contracting
Party’s performance must be governed by sound professional practices.
If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood
that the City will suffer damage.
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that all personnel engaged in such work shall be fully qualified and shall be
authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with
any plans, publications, reports, statistics, records, or other data or
information pertinent to the Services to be performed hereunder which
are reasonably available to Contracting Party only from or through
action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and
expense, and submit concurrently with its execution of this Agreement,
policies of insurance as set forth in “Exhibit E” (the “Insurance
Requirements”) which is incorporated herein by this reference and
expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide
Certificate of Insurance to Agency along with all required endorsements.
Certificate of Insurance and endorsements must be approved by
Agency’s Risk Manager prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected
by City), and hold harmless City and any and all of its officers,
employees, agents, and volunteers as set forth in “Exhibit F”
(“Indemnification”) which is incorporated herein by this reference and
expressly made a part hereof.
6.16.2 Neither party shall be responsible for any
consequential, incidental, special or liquidated damages.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and
submit to the Contract Officer, or assigned designee, such reports
concerning Contracting Party’s performance of the Services required by
this Agreement as the Contract Officer, or assigned designee, shall
require. Contracting Party hereby acknowledges that City is greatly
concerned about the cost of the Services to be performed pursuant to
this Agreement. For this reason, Contracting Party agrees that if
Contracting Party becomes aware of any facts, circumstances,
techniques, or events that may or will materially increase or decrease
the cost of the Services contemplated herein or, if Contracting Party is
providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the
estimated
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increased or decreased cost related thereto and, if Contracting Party is
providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices,
vouchers, canceled checks, reports (including but not limited to payroll
reports), studies, or other documents relating to the disbursements
charged to City and the Services performed hereunder (the “Books and
Records”), as shall be necessary to perform the Services required by
this Agreement and enable the Contract Officer, or assigned designee,
to evaluate the performance of such Services. Any and all such Books
and Records shall be maintained in accordance with generally accepted
accounting principles and shall be complete and detailed. The Contract
Officer, or assigned designee, shall have full and free access to such
Books and Records at all times during normal business hours of City,
including the right to inspect, copy, audit, and make records and
transcripts from such Books and Records. Such Books and Records shall
be maintained for a period of three (3) years following completion of the
Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution
of Contracting Party’s business, custody of the Books and Records may
be given to City, and access shall be provided by Contracting Party’s
successor in interest. Under California Government Code Section
8546.7, if the amount of public funds expended under this Agreement
exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request
of City or as part of any audit of City, for a period of three (3) years
after final payment under this Agreement.
7.3 Ownership of Documents. Contingent upon full payment of
undisputed amounts in accordance with this Agreement, aAll drawings,
specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents, and other materials
plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally, magnetically, or in
injunctive relief, or to obtain any other remedy consistent with the
purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall
govern any termination of this Agreement, except as specifically
provided in the following Section for termination for cause. City reserves
the right to terminate this Agreement at any time, with or without cause,
upon thirty (30) days’ written notice to Contracting Party. Upon receipt
of any notice of termination, Contracting Party shall immediately cease
all Services hereunder except such as may be specifically approved by
the Contract Officer, or assigned designee. Contracting Party shall be
entitled to compensation for all Services rendered prior to receipt of the
notice of termination and for any Services authorized by the Contract
Officer, or assigned designee, thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract
Officer, or assigned designee, except amounts held as a retention
pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination
is due to the failure of Contracting Party to fulfill its obligations under
this Agreement, Contracting Party shall vacate any City-owned property
which Contracting
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Party is permitted to occupy hereunder and City may, after compliance with
the provisions of Section 8.2, take over the Services and prosecute the same
to completion by contract or otherwise, and Contracting Party shall be liable
to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold
any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is
required to initiate or defend or made a party to any action or proceeding
in any way connected with this Agreement, the prevailing party in such
action or proceeding, if recoverable under applicable law and if the party
claiming to be the prevailing party recovers above a bona fide written
settlement offer from the other party. If neither is met, the parties bear
their own respective attorney’s fees, expert fees and court costs., in
addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorneys’ fees; provided,
however, that the attorneys’ fees awarded pursuant to this Section shall
not exceed the hourly rate paid by City for legal services multiplied by
the reasonable number of hours spent by the prevailing party in the
conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on
any appeal, and in addition a party entitled to attorneys’ fees shall be
entitled to all other reasonable costs for investigating such action, taking
depositions and discovery, and all other necessary costs the court allows
which are incurred in such litigation. All such fees shall be deemed to
have accrued on commencement of such action and shall be enforceable
whether or not such action is prosecuted to judgment. The court may
set such fees in the same action or in a separate action brought for that
purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer,
official, employee, agent, representative, or volunteer of City shall be
personally liable to Contracting Party, or any successor in interest, in
the event or any default or breach by City or for any amount which may
become due to Contracting Party or to its successor, or for breach of any
obligation of the terms of this Agreement. The City agrees an individual
employee/agent of the Consultant shall not be individually liable for
negligence.
9.2 Conflict of Interest. Contracting Party covenants that
neither it, nor any officer or principal of it, has or shall acquire any
interest, directly or indirectly, which would conflict in any manner with
the interests of City or which would in any way hinder Contracting
Party’s performance of the Services under this Agreement. Contracting
Party further covenants that in the performance of this Agreement, no
person having any such interest shall be employed by it as an officer,
employee, agent, or subcontractor without the express written consent
of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
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for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings
and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this
Agreement.
10.4 Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed to be an original, and such
counterparts shall constitute one and the same instrument
10.5 Integrated Agreement. This Agreement including the
exhibits hereto is the entire, complete, and exclusive expression of the
understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and
this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any,
between the parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this
Agreement shall be valid unless made in writing and approved by
Contracting Party and by the City Council of City. The parties agree that
this requirement for written modifications cannot be waived and that
any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the
articles, phrases, sentences, clauses, paragraphs, or sections contained
in this Agreement shall be declared invalid or unenforceable, such
invalidity or unenforceability shall not affect any of the remaining
articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be
interpreted to carry out the intent of the parties hereunder unless the
invalid provision is so material that its invalidity deprives either party of
the basic benefit of their bargain or renders this Agreement
meaningless.
10.8 Unfair Business Practices Claims. In entering into this
Agreement, Contracting Party offers and agrees to assign to City all
rights, title, and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright
Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division
7 of the Business and Professions Code), arising from purchases of
goods, services, or materials related to this Agreement. This
assignment shall be made and become effective at the time City renders
final payment to Contracting Party without further acknowledgment of
the parties.
[Note: Delete Paragraph 6 Liquidated Damages.]
ADDENDUM TO AGREEMENT Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing
public works and maintenance projects, as described in this Section 1.3,
Contracting Party shall comply with applicable Federal, State, and local laws.
Contracting Party is aware of the requirements of California Labor Code
Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded a
contract for public work on a “Public works” project unless registered with the
California Department of Industrial Relations (“DIR”) at the time the contract
is awarded. If the Services are being performed as part of an applicable “Public
works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this
project is subject to compliance monitoring and enforcement by the DIR.
Contracting Party will maintain and will require all subcontractors to maintain
valid and current DIR Public Works contractor registration during the term of
this Agreement. Contracting Party shall notify City in writing immediately, and
in no case more than twenty-four (24) hours, after receiving any information
that Contracting Party’s or any of its subcontractor’s DIR registration status
has been suspended, revoked, expired, or otherwise changed. It is understood
that it is the responsibility of Contracting Party to determine the correct salary
scale. Contracting Party shall make copies of the prevailing rates of per diem
wages for each craft, classification, or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at
Contracting Party’s principal place of business and at the project site, if any.
The statutory penalties for failure to pay prevailing wage or to comply with
State wage and hour laws will be enforced. Contracting Party must forfeit to
City TWENTY-
Exhibit A
Page 2 of 5
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight (8)
hours is the legal working day. Contracting Party also shall comply with State
law requirements to maintain payroll records and shall provide for certified
records and inspection of records as required by California Labor Code Section
1770 et seq., including Section 1776. In addition to the other indemnities
provided under this Agreement, Contracting Party shall defend (with counsel
selected by City), indemnify, and hold City, its elected officials, officers,
employees, and agents free and harmless from any claim or liability arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws.
It is agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all “Public works” (as defined by the
Prevailing Wage Laws), Contracting Party shall bear all risks of payment or
non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance with
such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. [Intentionally omitted.]Payments shall be made in
accordance with the provisions of Article 2.0 of the Agreement. In accordance
with said Sections, City shall pay Contracting Party a sum based upon ninety-
five percent (95%) of the Contract Sum apportionment of the labor and
materials incorporated into the Services under this Agreement during the
month covered by said invoice. The remaining five percent (5%) thereof shall
be retained as performance security to be paid to Contracting Party within
sixty (60) days after final acceptance of the Services by the City Council of
City, after Contracting Party has furnished City with a full release of all
undisputed payments under this Agreement, if required by City. In the event
there are any claims specifically excluded by Contracting Party from the
operation of the release, City may retain proceeds (per Public Contract Code
§ 7107) of up to one hundred fifty percent (150%) of the amount in dispute.
City’s failure to deduct or withhold shall not affect Contracting Party’s
obligations under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
Exhibit A
Page 3 of 5
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. If included in Contracting Party’s
services, Ppursuant to California Public Contract Code Section 7104, in the
event the work included in this Agreement requires excavations more than
four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as defined
in Section 25117 of the Health and Safety Code, that is required to be removed
to a Class I, Class II, or Class III disposal site in accordance with provisions of
existing law; (2) subsurface or latent physical conditions at the site different
from those indicated by information about the site made available to bidders
prior to the deadline for submitting bids; or (3) unknown physical conditions
at the site of any unusual nature, different materially from those ordinarily
encountered and generally recognized as inherent in work of the character
provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it
finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under
this Agreement. Contracting Party shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and
protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
Exhibit A
Page 5 of 5
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
( C) adequate facilities for the proper inspection and maintenance of all safety
measures.
. 6 . Since the determination of actual damages Liquidated Damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. If Contracting Party or Contracting Party’s
employees will use personal autos in any way on this project, Contracting Party
shall provide evidence of personal auto liability coverage for each such person.
The term “automobile” includes, but is not limited to, a land motor vehicle,
trailer or semi-trailer designed for travel on public roads. The automobile
insurance policy shall contain a severability of interest clause providing that
coverage shall be primary for losses arising out of Contracting Party’s
performance hereunder and neither City nor its insurers shall be required to
contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against negligent acts, errors or omissions of the Contracting Party
and “Covered Professional Services” as designated in the policy must
specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy
must “pay on behalf of” the insured and must include a provision establishing
the insurer’s duty to defend. The policy retroactive date shall be on or before
the effective date of this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in
accordance with State Worker’s Compensation laws with employer’s liability
limits no less than $1,000,000 per accident or disease.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies or
certificates evidencing the same shall not be construed as a limitation of
Contracting Party’s obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
Exhibit E
Page 2 of 6
Exhibit E
Page 3 of 6
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party’s failure to maintain or secure appropriate
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party . Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
. 1 Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, and employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2 . No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise, with the exception of
Professional Liability. . 3 All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
4. None of the coverages required herein will be in compliance
with these requirements if they include any limiting endorsement of any
kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition
that would serve to eliminate so-called “third party action over” claims,
including any exclusion for bodily injury to an employee of the insured
or of any contractor or subcontractor.
6. All coverage types and limits required are subject to
approval, modification and additional requirements by the City, as the
need arises. Contracting Party shall not make any reductions in scope
of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City’s protection without City’s prior
written consent.
7. Proof of compliance with these insurance requirements,
consisting of certificates of insurance evidencing all the coverages
required and an additional insured endorsement to Contracting Party’s
general liability policy, shall be delivered to City at or prior to the
execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right,
but not the duty, to obtain any insurance it deems necessary to protect
its interests under this or any other agreement and to pay the premium.
Any premium so paid by City shall be charged to and promptly paid by
Contracting Party or deducted from sums due Contracting Party, at City
option.
8. With the exception of Professional Liability, iIt is
acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-
contributing basis in relation to any other insurance or self-insurance
available to City.
9. Contracting Party agrees to ensure that subcontractors, and
any other party involved with the project that is brought onto or involved
in the project by Contracting Party, provide the same minimum
insurance coverage required of Contracting Party. Contracting Party
agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity
with the requirements of this section. Contracting Party agrees that
upon request, all agreements with subcontractors and others engaged
in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any
selfinsured retentions or deductibles on any portion of the insurance
required herein (with the exception of professional liability coverage, if
required) and
Exhibit E
Page 4 of 6
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self-insure its
obligations to City. If Contracting Party’s existing coverage includes a
deductible or self-insured retention, the deductible or self-insured retention
must be declared to the City. At that time the City shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of
this Agreement to change the amounts and types of insurance required
by giving the Contracting Party ninety (90) days advance written notice
of such change. If such change results in substantial additional cost to
the Contracting Party, the City will negotiate additional compensation
proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this
Agreement will be deemed to have been executed immediately upon any
party hereto taking any steps that can be deemed to be in furtherance
of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual
or alleged failure on the part of City to inform Contracting Party of
noncompliance with any insurance requirement in no way imposes any
additional obligations on City nor does it waive any rights hereunder in
this or any other regard.
14. Contracting Party will renew the required coverage annually
as long as City, or its employees or agents face an exposure from
operations of any type pursuant to this agreement. This obligation
applies whether the agreement is canceled or terminated for any reason.
Termination of this obligation is not effective until City executes a
written statement to that effect. 15. Contracting Party shall provide proof
that policies of insurance required herein expiring during the term of this
Agreement have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from
Contracting Party’s insurance agent to this effect is acceptable. A
certificate of insurance and an additional insured endorsement is
Exhibit E
Page 6 of 6
16 . The provisions of any workers’ compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, and officials, and agents.
17 . Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
. 18 These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
. 19 The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20 . Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21 . Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
Exhibit F
Indemnification F.1 Indemnity for the Benefit
of City.
a. Indemnification for Professional Liability. When the
law
establishes a professional standard of care for Contracting Party’s Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel selected by City), and hold harmless City and any and all
of its officials, and employees, and agents (“Indemnified Parties”) from and
against any and all claims, losses, liabilities of every kind, nature, and
description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs,
reasonable attorneys’ fees, litigation expenses, and fees of expert consultants
or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are actually caused in whole or in part by
any negligent or wrongful act, error or omission of Contracting Party, its
officers, agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Party. This indemnity expressly excludes any defense obligation by
Contracting Party but the absence of such duty does not preclude the
Indemnified Parties from seeking its reasonable attorney’s fees and costs as
part of their damages to the extent actually caused by the negligent act, error
or omission of Contracting Party.
b. Indemnification for Other Than Professional Liability.
Other than in the performance of professional services and to the
full extent permitted by law, Contracting Party shall indemnify,
defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including
liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or
threatened, including, without limitation, incidental and
consequential damages, court costs, reasonable attorneys’ fees,
litigation expenses, and fees of expert consultants or expert
witnesses) incurred in connection therewith and costs of
investigation, where the same arise out of, are a consequence of,
or are in any way attributable to, in whole or in part, to the extent
caused by the negligent performance of this Agreement by
Contracting Party or by any individual or entity for which
Contracting Party is legally liable, including but not limited to
officers, agents, employees, or subcontractors of Contracting
Party.
c. Indemnity Provisions for Contracts Related to
Construction
(Limitation on Indemnity). Without affecting the rights of City under any
Exhibit F
Page 1 of 3
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent
and where City’s active negligence accounts for only a percentage of the
liability involved, the obligation of Contracting Party will be for that entire
portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall
apply to a Contracting Party who constitutes a “design professional” as the
term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party’s Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold harmless
City and any and all of its officials, and employees, and agents (“Indemnified
Parties”) from and against any and all losses, liabilities of every kind, nature,
and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and
expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of reasonable attorneys’ fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation, to the extent same are actually caused
by any negligent or wrongful act, error or omission of Contracting Party, its
officers, agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Party. This indemnity expressly excludes any defense obligation by
Contracting Party.
3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed
architects, registered professional engineers, licensed professional land
surveyors and landscape architects, all as defined under current law, and as
may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting
Party agrees to obtain executed indemnity agreements with provisions
Exhibit F
Page 2 of 3
NON-COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
I, __________________________________ (name) hereby declare as follows:
I am ______________________________ of ___________ ______________,
( T it l e ) (Compa n y)
the party making the foregoing proposal, that the proposal is not made in the interest
of, or on behalf of, any un disclosed person, partnership, company, association,
organization, or corporation; that the prop osal is genuine and not collusive or sham;
that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded,
conspired, connived, or agreed with any proposer or anyone else to put in a sham
proposal, or that anyone shall refrain fr om proposing; that the proposer has not in
any manner, directly or indirectly, so ught by agreement, communication, or
conference with anyone to fix the proposal price of the proposer or any other
proposer, or to fix any overhead, profit, or co st element of the proposal price, or of
that of any other proposer, or to se cure any advantage against the public body
awarding the agreement of anyone interest ed in the proposed agreement; that tall
statements contained in the proposal are true; and, further, that the proposer has
not, directly or indirectly, submitted his or her proposal price or any breakdown
thereof, or the contents ther eof, or divulged information or data relative hereto, or
paid, and will not pay, any fee to any cor poration, partnership, company, association,
organization, proposal depository, or to any member or agent thereof to effectuate a
collusive or sham proposal.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Proposer Signature: __________________________ _____________
Proposer Name: ____________________________ ___________
Proposer Title: __________________________ ____________
Company Name: ____________________________ ___________
Address: ____________________________ ___________
Mark Houghton
Managing Principal Earth Systems Pacific
Mark Houghton
Managing Principal
Earth Systems Pacific
79811B Country Club Dr, Bermuda Dunes, CA 92203