DESERT COMMUNITY COLLEGE DISTRICT AGREEMENT FOR PROFESSIONAL SERVICES This agreement is made and entered into this 141h day of October 2013, between the DESERT COMMUNITY COLLEGE DISTRICT, Riverside County, California, hereinafter referred to as the "District" and MSA CONSULTING, INC., hereinafter referred to as the "Consultant." Consultant agrees to provide the DISTRICT the services enumerated in Section 7 of this Agreement under the following terms and conditions: I. Services shall begin on the 141h day of October, 2013 and shall end on the 30 th day of September, 2014 for the SWPPP consulting services in relation to the Applied Sciences project specified in Section 7. 2. Consultant understands and agrees that he and/or all of his employees are Independent Consultants and are not entitled to benefits of any kind or nature normally provided employees ofthe DISTRICT and/or to which DISTRICT employees are normally entitled, including, but not limited to, State Unemployment Compensation or \Vorkers' Compensation. Consultant shall assume full responsibility for payment of all federal, state and local taxes 01' cono'ibutions including Unemployment Insurance, Social Security and Income Taxes with respect to Consultant's employees. 3. Consultant shall furnish, at his own expense, all labor, materials, equipment and other items CatTY out the terms ofthis Agreement. necessary to 4. In the performance of the work herein contemplated, Consultant is an independent contractor, with the authority to control and direct the performance of the details of the work, DISTRICT being interested only in the results obtained. 5. Consultant agrees to defend, indenmify and hold harmless the DISTRICT, its Board of Trustees, employees and agents from any and all liability or loss arising in any way out of Consultant's negligence in the performance of this Agreement, including, but llot limited to any claim due to u~ury and/or damage sustained by Consultant, and/or the Consultants employees or agents. DISTRICT agrees to defend, uldemnify and hold harmless the Consultant, its employees and agents fi'om any and all liability or loss arisulg in any way out of the negligence of the DISTRICT, its employees or agents, including, but not limited to any claim due to injury ancVor damage sustained by DISTRICT, and/or DISTRICT'S employees or agents. 6. Consultant shall provide DISTRICT with a Certificate of Insurance showing a mll1lmum $1,000,000.00 combined single limits of general liability and automobile coverage as requu'ed by the State of California. 7. Services to be rendered to the DISTRICT by the Consultant are as follows: • • Completing the preparation, processulg & monitoring of SWPPP (Storm Water Pollution Prevention Plans) as per proposal dated May I, 2012 (See attached Exhibit "A"). Supersedes Purchase Order # P0021018 dated September 10,2012. Cost of Services is not to exceed: $12,325.00 exp~nses • Reimbursable • Total cost of this agreement $12,325.00. MSA Consulting, Inc. October 14, 2013 $12,325.00 41-244·0283·0·051O-06OO-S110 Applied Sciences SWPPP Environmental Services EIS Project 11210022 is not to exceed: NONE 1 8. 9. DESERT COMMUNITY COLLEGE DISTRICT Neither pal1y shall assign or delegate any part of this Agreement without the written consent of the other pal1y. The work completed herein must meet the approval of the DISTRICT and shall be subject to the DISTRICT'S general right of inspection and supervision to secure the satisfactory completion thereof. Consultant agrees to cOlllply with all Federal, State, Municipal and District laws, rules and regulations that are now, or Illay in the future become applicable to Consultant, Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 10. Payments will be made by the DISTRICT to the Consultant as follows: Invoicing shall be submitted monthly for services performed in the previous 30 day billing period. Invoices submitted shall be accompanied by a detailed time sunUllary for the amount being submitted for payment. Where a percent complete is called out on the invoice a detail summary for the equivalent shall also accompany the invoice. Invoices shall be paid within 30 days of presentation and approval of the monthly invoice for these services on the Applied Sciences project. Failure to bill in a timely manner could result in rejection of your invoice at the District's discretion. Reimbursements directly related to the project; outside printing; reproduction and reprographics diJ"ectly related to deliverables, including reimbursement for shipping, overnight mail, postage and mileage for business travel (excluding travel fi'olll residence to the Site or Consultant's home or branch offices or between Consultant's home office and branch office's) at a rate established by the Illternal Revenue Service. Any single item which exceeds $500.00 in value must be approved in writing, in advance by the District. Failure to obtain such approval shall result in the cost of such an item being borne by the Consultant, without reimbursement by the District. Approved reimbursements are paid by the District at cost when proper doculllentation accompanies the invoice. 11. This agreement lllay be terminated by either party notifying the other, in writing, no less than thirty (30) days prior to the date of termination. DESERT COMMUNITY COLLEGE DISTRICT ~1~~4#d~ Assistant to Director, Fiscal Services /~~A3 MSA CONSULTING, INC. ~/f)J/'1J Authorized Agent Title:: Date of Board ApprovaVRatification Date frM Employer ID Number Corporate Seal (If Applicable) M5A Consulting, Inc. October 14, 2013 $12,325.00 41·244-Q283·0·051()'06oo·511O Applied Sciences SWPPP Environmental Services EIS Project #210022 2 ., May 1, 2012 Mr. Mac McGinnis COLLEGE OF THE DESERT 43-500 Monterey Avenue Palm Desert, CA 92260 Subject: Proposal Request - Environmental Services (RFP 4779) College of the Desert - Applied Science Building (formerly CTE Building) Dear Mr. McGinnis: MSA Consulting, Inc. (MSA) Is pleased to provide you with this proposal for Environmental Services related to Ihe Applied Science Building for Ihe College of Ihe Desert Palm Desert Campus. Our proposal Is based upon the Information provided 10 us and the College of the Desert and City of Palm Desert standards and requirements. SCOPE OF WORI( MSA (Consultant) proposes 10 perform Ihe following lasks: 1. MSA will prepare a SWPPP and process IhroLlgh the appropriate agencies per the following requirements; 1. According to the new Construction General Permit (CGP) (NPDES No. CAS000002), construction projects associated with a school district are required to comply with the CGP and the State Water Resources Control Board's (SWRCB) program of data management for Storm Water Pollution Prevention Plans (SWPPPs.) Participation Is determined by a disturbed acreage threshold of 1 acre. SWPPPs musl be prepared under Ihe supervision of a Qualified SWPPP Developer (QSD) and Implemented by a Qualified SWPPP Practitioner (QSP.) 2. Provide SWPPP Monitoring services; a. Provide monthly visits during non-active site with corresponding report. b. Provide weeilly visits during active construction with corresponding report. c. Provide annual report and upload 10 SMARTS. Note: SMARTS stam/s for Storm Water Mul/ip/e Applicaflon enel Repolt TrackIng System uncler tlte Stete Water Resources Control Boarel. 34200 DOB HOPE DI\I\'£ 11 Ri\NCHO MillAGE 11 CALifORNIA 11 92270 760-320-98ll 11 760 -323-7893 Fi\X 11 www.MSACONSULTINoINC.COM MI'. Mac McGinnis Page 2 .Ma t 1,2012 COMPENSATION Client agrees to compensate Consultant for slich services as follows: Task/Description 1 2 Fee SWPPP ............ ............... ................................. .. ............ ........... .. ...... $2,700 SWPPP Monitoring ......................................................................... $12,325 Estimated 53 weeks @ $225Nislr (Annual Report) $400 Total- Environmental Services ............................................................. $1 !h~~:ao " ----------------------------------,------~sz~~~~·f~~z­ The proposed Agreement, both Scope and Fee, contained l1erein, shall be valid until September 30,2012. Scheduling for the Work will commence upon receipt of a signed copy of an Agreement for Professional Services which will serve to acknowledge approval of the terms contained herein. Progress billings will be forwarded on a monthly basis. These billings will include the fees earned for the billing period. We. hope the above scope and fee are consistent with your requirements. We appreciate the opportunity to continue to offer our services and would be pleased to answer any questions you might have. Michelle D. Witherspoon Director of Planning and Environ MSA Consulting, Inc MDW:rp Via Electronic Mall 34200 Bou HOI'i1 DRlvn 0 RANCHO MIRAGE Il CAI.II'ORNIA EJ 92270 '/60-320-9811 l!l 760-323-7893 FAX tl WIVII'.MSACONSULTlNGINC.COM October 2,2013 Mr. Jon Zuber Project Manager EISPRO College of the Desert Bond Management Offices 43-500 Monterey Avenue Palm Desert, CA 92260 I Subject: Desert Community College District College of the Desert - Applied Science Project #210022 Dear Mr. Zuber: It is our understanding that the aforementioned Contract with the Desert Community College District will expire on December 28, 2013. This letter serves as a request to extend the Contract to September 2014. Further, it is the understanding of the Desert Community College District and MSA Consulting, Inc. that any authorized services are to be performed per proposal request and are to be completed at no additional cost to the District. Very truly yours, k~ r:.M~ IO'''7 '1 3 5A~ /0 -/0- /.3 Paul R. Sepulveda Director of Design Services MSA Consulting, Inc. PRS:ssf 34200 BOB HOPE DruVE [] RANCHO MIRAGE [] CALIFORNIA Il 92270 760-320-9811 [] 760-323-7893 FAX Il www.MSACONSULTINGINC.COM