Loading...
HomeMy WebLinkAboutContracts & Agreements_141-2002_CCv0001.pdf AGREEMENT TO FURNISH GEOTECHNICAL ENGINEERING SERVICES FOR THE LNG/LCNG FUELING STATION PROJECT This Agreement is made and entered into this 3rd day of September, 2002, by and between the City of Redlands, a municipal corporation ("City") and Converse Consultants ("Consultant"). In consideration of the mutual promises contained herein. City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant and Consultant hereby accepts the engagement to prepare a soils investigation report and a grading report, as well as perform geotechnical inspection services (collectively, the "Services") for the construction of the LNG/LCNG Fueling Station(the "Project") in the City of Redlands, California. 1.2 All work performed by Consultant under this Agreement shall be done in a professional manner, and Consultant represents that it is skilled and has the professional expertise necessary to provide high quality Services to City for the Project at the level of competency presently maintained by other practicing professional consultants in the industry providing similar types of services. ARTICLE 2 - RESPONSIBILITIES OF CONSULTANT 2.1 The specific services which Consultant shall perform are more particularly described in Exhibit "A," entitled -Geotechnical Engineering Services and Schedule for the LNG/LCNG Fueling Station Project" which is attached hereto and incorporated herein by this reference. 2.2 Consultant acknowledges and agrees that Labor Code section 1720 defines "construction," for purposes of a'-public work," as work performed during the design and preconstruction phases of construction, including, but not limited to. inspection and land survey work. Consultant shall comply with all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including, but not limited to, r;1 all applicable Labor Code and prevailing wage laws. zn ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall place at disposal of Consultant all available information in its possession pertinent to the Project. 3.2 City will provide access to and make all provisions for Consultant to enter upon City- owned property or right-of-way as required by Consultant to perform the Services pursuant to this Agreement. 3.3 City will designate in writing a person to act as City's representative with respect to the Services to be performed under this Agreement, and such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Services covered by this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a prompt and diligent manner in accordance with the schedule attached hereto and incorporated herein by reference as Exhibit-'B." ARTICLE 5 - PAYMENT AND NOTICE 5.1 For the performance of the Services, City will pay Consultant on a time and materials basis in accordance with the hourly rates set forth in Exhibit "C" which attached hereto and made a part of this Agreement. Provided, however, Consultant's compensation shall in no event exceed the sum of$15,000.00 for the Services, and not exceed $5,950.00 for pre-construction reports and not exceed $9,050 for the inspection services. 5.2 Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's hereinabove invoice, by warrant payable to Consultant. 5.3 All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: City: Bill Hemsley, Civil Engineer City of Redlands Public Works Department PO Box 3005 Redlands, CA 92373 Consultant: Hashmi S. E. Quazi, Ph.D., G.E. Converse Consultants 10391 91 Corporate Drive Redlands, CA 92374 When so addressed, such notices shall be deemed given upon deposit in the United States mail-, in all other instances, notices, bills and payments shall be deemed given at the time of actual' delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving notice pursuant to this paragraph. 2 ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant's Insurance to be Primary All insurance required by this Agreement is to be maintained by Consultant for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by the City. Consultant shall provide City with Certificates of Insurance and endorsements evidencing such insurance within fifteen (15) days of execution of this Agreement, or prior to commencement of work, whichever occurs first. 6.2 Workers' Compensation and Employer's Liability A. Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. Such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. B. Consultant expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Consultant for City, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Consultant. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of Consultant, its officers, agents and employees. 6.3 Hold Harmless and Indemnification. Consultant shall indemnify, hold harmless and defend City and its elected officials, and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any negligent or intentionally wrong act, omission or failure of Consultant, its officer, agents and employees in performing the Servicesrequired by this Agreement, Z� City agrees to and shall defend, protect, indemnify and hold harmless Consultant from 3 and against any and all claims, losses, expenses, damages, demands,judgments, causes of action, suits, and liability in tort, contract, or any other basis and of every other kind and character whatsoever, to the extent that claims are caused by, result from or arise out of City's sole negligence, intentional misconduct or strict liability. 6.4 Assigninent. Consultant is expressly prohibited from subletting or assigning any of the services covered by this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, the Consultant will add the subcontractor as an additional insured and provide the City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 6.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. 6.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability insurance throughout the duration of this Agreement in the amount of one million dollars ($1,000,000) per claim made. Certificate of liability insurance shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, -whichever occurs first. 6.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. The City shall be named as an additional insured and a certificate of insurance shall be delivered to City within fifteen (15) days of execution of this Agreement or prior to commencement of work, whichever occurs first. ARTICLE 7.- GENERAL CONSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the terms or 4 conditions of this Agreement the prevailing party shall, in addition to any costs and other relief,be entitled to recover its reasonable attorneys' fees. 7.2 Consultant shall not sublet or assign any of the Services to be performed under this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions, and conditions of this Agreement. 7.3 The Consultant's key personnel proposed for this project is as follows: Joseph Sidor Consultant agrees that these key personnel will be made available and assigned to City's Project, and that they will not be replaced without concurrence from City. 7.4 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Project documents developed by Consultant pursuant to this Agreement shall become the property of City and shall be delivered to City upon completion of Services. 7.5 Consultant and City agree that Consultant is, for all purposes under this Agreement, an independent contractor with respect to the services provided pursuant to this Agreement and not an employee of City. All qualified personnel provided by Consultant pursuant to the provisions of this Agreement are to be employed by Consultant for its account only, and in no event shall Consultant or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. 7.6 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Engineering Services. 7.7 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all services and (2) deliver or otherwise make available to City, copies of any data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. Consultant shall be compensated on a pro-rata basis for any-work- completed up until notice of termination. TS This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties and any prior negotiations, proposals or oral agreements are superseded by this written Agreement. Any amendment to this Agreement, to be effective, shall be in writing and approved by the City Council of City and signed by City and Consultant. 5 7.9 This Abreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS W-HEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: By Mayor City Jerk { Date September 3, 2002 CONVERSE CONSULTANTS By Date Hashmi S. E. Quazi, Ph.D., G.E. —� 6 Converse Consultants Over 50 Years of Dedication in Geotechnical Engineering and Environmental Sciences EXHIBITS "A", "B" AND "C" INCLUDED August 15, 2002 Mr. Bill Hemsley City of Redlands Public Works Department I P. 0. Box 3005 � 35 Cajon Street, Suite 222 Redlands, CA 92373 \�1C Subject: PROPOSAL TO PROVIDE GEOTECHNICAL ENGINEERING SERVICES LNGILCNG Fueling Station Project at the Corporate Yard City of Redlands, San Bernardino County, California Converse Project No. 02-81-234-00 Dear Mr. Hemsley: Converse Consultants (Converse) appreciates the opportunity to submit this proposal to provide geotechnical engineering services for the above referenced project. As part of our services, we will prepare a geotechnical investigation report, which will include design and construction recommendations for the facility. In preparation of this proposal we reviewed the agreement to furnish geotechnical engineering services for the LNG/LCNG Fueling Station Project. Our project personnel, project description, scope of work, cost estimate, and proposed deliverables/schedule is presented below: PROJECT PERSONNEL Converse will staff this project with qualified and experienced licensed civil engineers and certified engineering geologists. A brief description of the project team and responsibilities will be assigned as follows: ♦ William Chu, G. E.: Mr. Chu is a Registered Geotechnical Engineer in California, with over 12 years of experience. He has conducted geotechnical investigations and prepared technical reports for similar projects. Mr. Chu will be responsible for performing the geotechnical engineering analyses, supervision of laboratory testing, and preparation of the technical report. He will be the designated project manager. + Roy Rushing, C.E.G: Mr. Rushing is a Certified Engineering Geologist in California, with over 20 years of experience. He has conducted geologic studies for similar projects. Mr. Rushing will be responsible for providing the review of geologic and seismic conditions and for supervision of field exploration. 10391 Corporate Drive, Redlands, California 92374 P.P� . Telephone ( 9) 796-0544 # Facsimile (909) 796-7675 # e-mail ccieconv aol corn Proposal To Provide Geotechnical Engineering Services LNG/'LCNG Fueling Station Project at the Corporate Yard City of Redlands, San Bernardino County,California August 15,2002 Page 2 ♦ Hashmi S. E. Quazi, Ph.D., G. E.: Dr. Quazi will be the designated Principal-in- Charge of the project. He will provide technical assistance as well as fiscal, scheduling, and resource management oversight. The principal-in-charge is always available to discuss issues of mutual concern with the design engineer. PROJECT DESCRIPTION The project will consist of installing a new LNG/LCNG Fueling Station at the Corporate Yard. SCOPE OF WORK Our proposed investigation will provide the necessary personnel, equipment and materials to explore the site, perform laboratory testing, provide soils engineering and geotechnical analysis, and prepare design and construction recommendations for the proposed project. Based on our knowledge of the geotechnical requirements, the following scope of work is proposed: Task 1: Document Review We will review pertinent documents, publications and reports with respect to soil, seismicity, and groundwater depth. Task II: Project Set-up As part of the project set-up, staff personnel from our office will conduct a field reconnaissance to verify site access and mark the boring locations. We will notify Dig Alert and City maintenance personnel for locations of existing buried utilities, at least 48 hours prior to drilling to clear the boring locations of any conflict with existing underground utilities. Task III: Subsurface Exploration A program of subsurface investigation will be conducted to determine soil profiles at the site. Depth to groundwater (if encountered) will be measured and samples will be obtained for laboratory testing. Our subsurface investigation will include drilling two (2) borings. One (1) boring will be drilled to depths of 50 feet and the other to 20 feet below existing ground surface or to refusal, whichever is shallower. If refusal is encountered at shallower depths, the borings will be terminated at that depth. Borings will be drilled with an 8-inch diameter hollow-stem auger mounted on a truck. &Converse Consultants CCI EN-nOFFICEUOBFI LE\200218 I\02-234'kO2234-0.pro Proposal To Provide Geotechnical Engineering Services LNG/LCNG Fueling Station Project at the Corporate Yard City of Redlands,San Bernardino County,California August 15,2002 Page 3 The borings will be visually logged and sampled at regular depth intervals and at changes in subsurface soils. Relatively undisturbed ring and bulk samples of the subsurface soils will be obtained at frequent intervals in the borings. The undisturbed samples will be obtained with a California Modified Sampler (2.4-inch inside diameter and 3-inch outside diameter) lined with thin sample rings. The soil will be retained in brass rings (2.4 inches in diameter and one inch in height). The central portion of the sample will be retained and carefully sealed in waterproof plastic containers for shipment to our laboratory. Bulk soil samples will be collected in plastic bags and brought to our laboratory. Standard Penetration Tests (SPTs) will be performed at selected depths in the borings using a standard (1.4-inch inside diameter and 2.0-inch outside diameter) split-barrel sampler. The mechanically driven hammer for the SPT sampler is 140 pounds, falling 30 inches for each blow. The recorded blow counts for one foot of sampler penetration after six (6) inches of seating penetration will be shown on the Logs of Borings in the "blows/foot" column. The standard penetration tests will be performed in accordance with the ASTM Standard D1586-84 test method. Task IV: Laboratory Testing Soils samples obtained during exploratory field investigation will be tested in our laboratory to evaluate their engineering properties. Laboratory testing may include, but will not necessarily be limited to; moisture density, Atterberg Limits, direct shear, particle size analysis, expansion index, and consolidation and compaction tests. pH, chloride, sulfate, and minimum electrical resistivity tests will also be conducted. Task V: Engineering Analyses and Report Preparation 1. Description of on-site soils, boring locations, and test methodologies used in making determinations. 2. Geology-Seismicity: • Description of the site seismicity • Location of site relative to known earthquake faults and the controlling fault • Design horizontal and vertical acceleration ground shaking from earthquakes based on deterministic and probabilistic analyses • Site coefficients for soil characteristics relative to Uniform Building Code (UBC) earthquake forces • Secondary effects from earthquakes including liquefaction and lateral spreading DConverse Consultants CCIEN-ROFFICE\JOBFILE\2002\81\02-234\02234-O.pro Proposal To Provide Geotechnical Engineering Services LNG/LCNG Fueling Station Project at the Corporate Yard City of Redlands,San Bernardino County,California August 15,2002 Page 4 • Recommendations if above conditions will prevent the use or significantly increase the cost of developing the site 3. Design Parameters • Bearing value for alternate foundations systems (i.e., caissons, spread footings, mats, etc.), along with settlements characteristic for each systems • At-rest, active, passive and seismic earth pressures • Increase in allowable earth pressures values for seismic and wind loads • Modulus of subgrade reaction for slab-on-grade design 4. Site Preparation • Special site problems and solutions to these problems such as any unsuitable soil, existing structures, septic tanks, old fill, certified fill, perched water table, etc. • Rough grading • Finish grading • Subgrade preparation • Suitability of on-site soils for re-grading or for use as compacted fills • Types of imported fill (if required) for use in compacted fill • Special recommendations for expansive soils or for the proposed work site where expansive soils are present • Recommendations regarding over-excavation, re-compaction, and special recommendations regarding grading activities when working with an improved site or adjacent to existing structures. 5. Recommendations for pavement structural section COST ESTIMATE Our services will be performed in accordance with our current Schedule of Fees and General Conditions, copies of which are attached and form a part of this proposal. The total charges for the geotechnical services described in this proposal are presented below: EDConverse Consultants CCI EN-ROFFICE\JOBFILE\2002\81\02-234\02234-O.pro Proposal To Provide Geotechnical Engineering Services LNG/LCNG Fueling Station Project at the Corporate Yard City of Redlands,San Bernardino County, California August'15,2002 Page 5 FEE ESTIMATE Service j Cost Task 1: Document Review $350.00 Task It: Project set-up $150.00 Task III: Subsurface Exploration (includes drill rig rental) $1,450.00 Task IV: Laboratory Testing $1,250.00 Task V: Engineering Analyses and Report Preparation $2,750.00 TOTAL $5,950.00 This cost estimate includes our professional services, outside costs for subcontracted drilling services, and time required to contact and verify boring locations with Underground Service Alert. Our fees are based on the following assumptions: • Site access to the boring locations will be available at no cost to us • It is understood by both contracting parties that this phase of the project does not fall under the prevailing wage act as defined in Labor Code Sections 1770-1780. • No permits will be required and access to the site will be provided at no cost to us. • Level D personal protection will be required during the field investigation. Our services will be performed on a time-and-materials basis in accordance with the unit rates presented herein, and/or the unit rates indicated in our attached Schedule of Fees and General Conditions. Our estimate assumes that ready access to the site will be available at no cost to us. PROPOSED DELIVERABLES/SCHEDULE Our deliverables work products are: • Four bound copies the geotechnical investigation report • Soil boring logs and soil boring locations in AutoCAD Version 14 (Base Map will be provided to us) Converse Consultants CCI EN-ROFFICEIJOBFILB2002118 1\02-234102234-0.pro Proposal To Provide Geotechnical Engineering Services LNG/LCNG Fueling Station Project at the Corporate Yard City of Redlands,San Bernardino County, California August 15,2002 Page 6 Our schedule for the project is presented in the table below: Task No. Week No. 1 ! Week No. 2 Week No. 3 Week No. 4 Z I 3 i i --- 4 '. 5 SERVICES DURING GRADING We will provide a soils technician to observe and test soils compaction during grading. The cost for our services will depend on the project schedule and the contractor's progress. Since this information is not available now, we are unable to provide a budget. Our services will be charged on a time a material basis in accordance with the attached Schedule of Fees. CLOSURE During the course of this work, we will carry workers' compensation insurance as required by law. Our findings and recommendations will be prepared in accordance with generally accepted professional engineering and engineering geologic principles and practice in this area of Southern California. Unless we hear differently, we will assume that these conditions are acceptable to you. Please sign two copies of the Authorization and Agreement Block at the end of this proposal. Retain one copy for your files and return one copy, together with a copy of this proposal, to this office to formally authorize our services. This proposal will expire sixty (60) days from its issuance, if not accepted in that time. Our billing rates are reviewed at the beginning of each year and are subject to adjustment. It is understood by both contracting parties that this is not a prevailing wage project as defined in Labor Code Sections 1770-1780. Special billing instructions, including backup documentation requirements, should be mutually agreed upon and indicated below. Subsequent additions or changes should be likewise mutually agreed upon and submitted in writing with appropriate authorization. Converse Consultants CCI E NT\OF F I CEU OBF I LE\2002\81\02-234\02234-0.pro Proposal To Provide Geotechnical Engineering Services LNG/LCNG Fueling Station Project at the Corporate Yard City of Redlands,San Bernardino County, California August 15,2002 Page 7 Please do not hesitate to contact the undersigned at (909) 796-0544 if you have any questions or wish to discuss this proposal in greater detail. The opportunity to be of service to City of Redlands is appreciated. CONVERSE CONSULTA TS Hashmi S. E. Quazi, Ph.D., G. E. Senior Vice President/Principal Engineer Dist.: 2/Addressee Encl.: Schedule of Fees and General Conditions HSQ/bag/mJr Converse Consultants CCI EN-ROFFICExJOBFI LE12002181\02-234\02234-0.pro Proposal To Provide Geotechnical Engineering Services LNG/LCNG Fueling Station Project at the Corporate Yard City of Redlands,San Bernardino County, California August l5,2002 Page 8 PROPOSAL TO PROVIDE GEOTECHNICAL ENGINEERING SERVICES LNGILCNG Fueling Station Project at the Corporate Yard City of Redlands, San Bernardino County, California Converse Project No. 02-81-234-00 AUTHORIZATION AND AGREEMENT NAME: (*signature) (print) TITLE: DATE: P.O. No./BILLING INSTRUCTIONS: *Person with authority to financially commit to the scope of work herein and acknowledges that the person signing has read and understands the enclosed General Conditions. Converse Consultants CCIENT\OFFICEUOBFILE\2002\81\02-234\02234-O.pro CONVERSE CONSULTANTS Schedule of Fees Geotechnical Laboratory Testing Compensation for iaboratory testing services will be madein accordance with this fee scheduie. Costs of Des's not on this schedule will be by quote and/or in accordance with our current hourly fee sc.tedule, The rates are based on non-confarninated soil, A surcharge witl be charged for handling contaminated material,which will be determined basel-I on the Project, IDENTIFICATION AND INDEX PROPERTIES TESTS CONSOLIDATION AND SWELL COLLAPSE T ESTS Visual Classification.AST,M D2488 . ........ .......- 8 'Load increments..... ............. ........... . 160,00 Addonal load increment -20.00 Engineering Classification,ASTI M D2487.... .............. 5 00 1.111.1. 111- -1-11--., Moisture Content T;me-Rafio, per load increment........... ....... - -....... 40,00 Moisture Content&Dry(Bulk)Density, Single Point(collapse testj ...... .....---40,00 Single Load Sweli,ASTM b-4546 AS-T,'M D2216&D2937-...----....... ........ ...-115,00 RinSample, Field Moisture- Moisture Con{ent,ASTM D2216 .. ................. .... ...10-00 g TM D427.... . ...... -5000 Shrinkage Limit,AS .......... -......85.00 Ring Sample, Ai r Dried tee;erg Limits,ASTM D4318 Remolded Sample, per specirnen,............ 30,00 Severa' points ........ ... ... .......75,00 Expansion Index-1 est, UBC 29-2,1AIST M D4829- ...... .....80,00 Onepoint......-.... ........ <...............................4000 Particle Size Analysis,ASTM D422 HYDRAULIC CONDUCTIVITY TESTS Fine oieve(Frorn+#200 to Constant'Heat ,AST IS D2434 ........200,00 Coarse Sieve (From+#200 1.0 31n), .....250,00 ......... .....75,00 Failing Head Flexible Wall,ASTM D-5084- Hydrometer......... ...... .. ....... ........ ...80,00 Triaxial Permeability, EPA 9i00__.... ..........- -300,00 Percent Passing# 0 Sieve,ATD!140.......... ......35,00 Remolded Specimen, per specimen- .,...... .-.. ....- --150,00 Spedfic Gravity '4, 70.00 Fine(passing sA sieve),ASTM D8r-- ..............- - CHEMICAL TESTS Coarse(retained on#4- sieve' ASTMI C!27...............7000 Corrosivity (pH, resistivity.sulfates,chlondes},. ...... .. ...140.00 S2nd Equivalent Test ..... .... ....-70,00 Organic Con'tent, AQTM D297A....... ....... ..... ...55,00 Double ydrometer Dispersion,ASTM D4221. . ... 150,00 Conditions: uni, ates-,resen-led on Inis fee schedWe are-fcr routi�.neiy pertcxmed COMPACTION AND BEARING STRENGTH geofecrinicai laboratory tests Niuinerous other earth material physical lests ccan,be performed in ou,gecteci-jr€ labrrazodes,induding iockcore,soiicernent and mi Standard Proctor Compaction,ASTM D698 or ASTM D1 557-91 ;imerrixtur-�� sts, I est.s no,€,ste�can b-e Quoted utmn ieques� This fee schedule is- , e Method A or B �.... ..... ....... .............. valid thro!�gn J31,2003 Method C(6-inch mold)..... - - ...................... -1 30.00 150.00 es a-e based or.ir,.,e assurnipz;on�ha.?samples are uncoritar-inated and di no' California impact Method(Caltrans 216)....... ....... jrgpr,=cs which can, be- co�tain heavv,mPtals, acid-S, carcincigens andior volat':A- R-value,ASTM .......... . ........ 210,00 r-neasuired by Pn orgpnic vaow analyzz�r or detecior with a Caii1ornia Bearing Ratio(CEIR),AST M D!883 conceritration greater than 50 D.orf s-per-mnjiqcmi lnpi--.,, Quoteting lees,are based 1 11 125.00 on the asst ha no p,otective do'hing will be required,to harde samples, 11 I poin. ............. .... ........ ...... ........ veclothing will be riaquire,4 dun'rig handling of samples s defined in Levei D o�otemi 3 pou • a .............. ....... ...... .......325,00 flhe 'l�ederal CF:R Par 1910 Q, )-'hen a 40%increase in fee-s-presentea', n this Relative Density tied Ie will be applied, Lti C pro"ective dothing wilt ne easeir, ee 200,00 Converse wRi not hlaridle sarrip4les Inal iequire eithel-Level B or 11-evel A protection in O�1 cub'c foot rnold... .... ............... .... R - etumedfitheie cur ger techn'cal labcrxones Ccnfaminatedsampiesiiin te rcont 0,91 cubic f0ot mold........ ....... .... ... ...........�300�00 Unconfamninated sarnr:es vvdH b-e disposed -of 30 day-,Line,, rrescntatior of lest results Theciient must afisdcse the source of samDIP-s Sai r,pies im DO`M"frorn cf s,ata wiH �3 1 0 �t -,E: SHEAR STRENGTH - e ;ricineratel a�cr 4 sting, ;n accordance--ovOIr reqwrernems�of flhe I Un'ted Slates Deoiao,-nent Of Agr-W-uliure- SO![sar"I.Ples OtMS'ned'.'Whin the State of 1 orvane/Pocket Penetrometer... ........ ........... ... .......... 5,00 in � t i� ci�rr-flv des!gnatel- quarantine areas will also �De irc e,,a ed r Direct Shear(per point) acciaroance withqwremem of the Stale of cafifumia.Decorte entoffocd and Quick Test ...... <..,...-....- ..,,.. -000 pes-ZExciusion A$5('�,gi�,�c;r�,erp-tionfLew;llbe Agrlculture,Divisiori of Pa,�-,t ln--LisWi • .,at I - �.Onsoliulated-Drained(granular scil) added'o each sarnple" is re�,wired-to be incinterated in accondancew;lh SW�el�iand 130m �ede,a� aw Consolidated- Drained(fine grained soil), est resLMs�equirmg�Icts m! r)resanted-in a pubiishWorniat generated frorn ASTM D3080,,.,. .......-..... .. . .. .............-150,00compu!eIr rts -a w les numbs le r t - erwil Dcresented A mirin P labrratcTy f e-of$5f.,N vAH�-e.-�harq -e -1- �6 --soloo ed to m sent a,a mwi test resuitv Be'vord the Consolidated-Undrained(fine grained), -e I - &�andardu S rci-oek,er�,�-,�,eciazed fransmittal will be c -Padaitionco.st 1 �c Geotechnical lestma does �of lriclij-;e Residual Strength,per Cycle-,---.-....- .......- -3000 re g,. Fe�eral Express, S, el ......�30,00 Remolded Specimens, per specimen ..... . ...... engineering and�or geo-11111r;W, reilew and analysis. Tv,)icai ri-n-around for geottechn,caboa'Rxy iesting is wo-weeks mughiy ten worng days'; -1 0 STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS exped�fe lesf,furn-amund tc,, working diays,2-ti�o%increase in,the'ees in ths schealule w'! 1je app.ed rAlar"y gecitechrucat tests reciume at east one week to (PERPOINT) oerforni in accaraance with the AS-M ior other sfandlarO sDecifications, F:ees k at Unconfined Compression,ASTM 2166. ..... .. presented in this scheoule for�iaatively undisturbed dired shea,,,,conSGAid i-or,or I inconsollidated- Undrained,AST M D2850 ........ ...... expaioressests are t)ased orithe assurnp that.,2-in- -8, mch 'nside rilanne, 110vided to the geotecnnical brpss ring SamPles will be P Consolidated- Undrairied.......,-.- .................. ...350,00 "aboratory fcr"Iesting Rean-oidea be comoad,:�id-'n stlandaml,2 5-mch � firin rid e Consolidated- Drained.. .. ................ ...�350,00 a xPansion pressure sts AM fees Presented in tincs��rtieaiuieaTe basedon he asswnDtion,that ineciienf, With Pore Pressure Measurement. per load....... 00,00 Sannpiepck- Rernoided Specimens, per specimen....... ......................40,00 up U -per rnile driver,: avaable-20a rate,f$45,pe.,hourof dnve t me and so 50 - nvo.ces M!be ueo rnonth'y a-id are payable or3 recegptot exce1�r-,Ir-ssrj'�herwise agreec- uoon interes,of i per mlontti(but r, i e-ding ttte maxim,, rn-,-, Auwed bv iaw w I i'l be,026C`it',ary amount ti-o-:said within Thirty days;payineni tnenrealt6,-to be apolced,firs,to acc,ued�,nte,est-and`then to the principle unpad arriciimif -eCiien' shag -pav anv fees or other cocts incurred in c;!:eciinquient e Consultants GLT2002 CONVERSE CONSULTANTS Schedule Personnel Introduction It is the objective of Converse Cons=ultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Sen.'ices will be performed in a manner co sistent with that level of care and skill ord'nari,y exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedules valid through January 31,200 3. Hourly Charges for Personnel Staff assignments will depend on personnel availability,Job complexity,protect site location and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Meld Technical services Construction Inspector-lCB0 and/or DSA cedified(concrete,masonry,structural steel,fireproofing, includes concrete hatch plant and local steel fabrication inspections') 48 Ultrasonic Welding Tester 6 Soils Technician 5g Senior Soils Technician Supervisory Soils Technician 75 Professional services(Field and Office) Staff Professional 70 Senior Staff Professional 80 Project Professional 100 Senior Professional 120 Principal Professional 146 Principals/Consultants 160 Laboratory Testing Laboratory Technician 60 (unit prices for routine tests quoted upon request; see Geotechnical Laboratory,Testing and Materials Testing Services Schedules of Fees) Office Support Clericalt"it'Vord Processing Drafting 5 CAO Cperatori(Drafting Manager 65 An overtime charge of 50 percent of the above hourly rates(excluding Professional Services',will be added for time in excess of eight hours per day at the Job site and for all time on Saturdays,Sundays and holidays. Travel time to and from the job site will be charged at the hourly rates for the appropriate:personnel. Expenses 1. Exploration expenses(drilling,trenching,efc.i are✓harcred at dust plus fifteen percent. 2, Travel and subsistence expenses(transportation,room and board,etc,)for individuals on protects requiring travel and/or living away from a principal office are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent(rentals)or at a rate of fort,cents per mile far company-owned veh=,,les traveling between principal office and project. 4. Other out-of-pocket direct project expenses"aerial phortos,long-distance telephone calls,permits,outside printing services,tests,etc.) are charged at cost plus fifteen percent. Invoices f. invoices will be submitted to the Client or a monthly oasts,and a final bill wHl he submit ed upon completion of services 2. Payrnent is due upon presentation of invoice and is past-dine thirty days from invoice date 'n the event- Tient fails to make any pay"r ent to Converse when(file,Converse may immediately ately cease,Fork hereunder Until said payment,together with a service charge at the rate of eighteen: percent per annum (but not exceeding the maximum allowed by!awl from the due date, has been received. Further, Converse may at i,s sole option and discretion refuse to perform any further work irrespective of payment frau,Client in the evert Ciienf fails to pay Converse for services t=.Beni said payments are due, 3. Client shall pay attorneysfees or other costs incurred in collecting any delinquent arriount- ner l Conditions The terry and Provisions of the Converse Genera;Ccnditions are incorporated into this fee schedu e as though Set forth=El full. If a copy of the General Conditions does not accompany this fee schedule,Cert should yid equest a copy from this office. Converse Consultants P2002 CONVERSE CONSULTANTS General Conditions Right of Entry _ r General f e services W b rc - d y Converse pursuant',a-he agreement to which these Client warrants to Converse that it has full legal rah to authorize Converse's entry upon the real Ge eral Cure s a art shall be provided n arrJr a=ce�wi`h generaily accepted properly where Converse's services are to be performed('Site herein]and upon all property.if pro:essiona3 ere hew rv, r.Y;ronmen cif_and yes c c ergo �in the area where these any,required for Ingress and egress to the Site. Services are c to ' ii"ered and at the time that se- ices are rendered. Clien acknowledge aes t standard in the donee rig and geoi iC professions' Client authorizes Converse to enter upon the Site and such ad oining prclber(y as is necessary does,tit Include,arc"C"; r e. se riles not extend to.�==eat,a guarantee of perfection of to avow Converse to performits services. the work con r a:ab ereby; further, that even in the exercise of normal and e } reasonable care ssio s may from time o time occur,Except as expressly Converse will take reasonable precautions minimize any damage to the Site however,C lenf set forth in these Gene,c-:v iditons,no tither war'ar;'j,express or iiripll' ued,is extended ev acknowledges that during the normal course of the performance of Converses services,some by:,OnVerSe, damage to the Site may or-cur. The correction of any damage to the Site ;surface or subterranean]shall be the obligation of the Client Converse shall have^ to o supervise.coordinate c henvee oe involved in the cerfonmance es or work by an; third party consurant, contractor or Information Supplied by Client subcontractor Client warrants the accuracy of any information supplied by it to Converse acknowledges that Alhere lonvers nvof le field observation,of grading,:filling and compaction Converse will not verify the accuracy of such information,and agrees that Converses entitled to 'or an{or tI'err) ,s_greed rely upon any such information. a That.{ v a In no,=day be responsible far the manner in which such Client shall immediately notify Converse in w>}#ing of any data information,or knowledge in the won"s P c �^.e -,f any third parry. possession of or known to Client relating to the subsurface conditions existing at the Site and shall provide Converse with the location, size and depth of any and all underground tanks, b That n eY nr Converse is to provide periodic observation, Client piping or structures existing upon the Site. acknor le c-s rillat Converse cannot he responsible for any work pedcrmed at a time or es when Converse was not performing its observation services. Client shall defend,indemnify and save harmless Converse,its officers,agents and employees Converse ii rot provide an opinion concerning the performance of any third from and against any and all claims,costs,suits and damages,including attorneys'fees,arising party,save arc except to the extent that said=work was in fact observed and out of errors,omissions add inaccuracies in documents and information provided to Converse tested by Cun,ierse during the course of construction. by Client. c. That where Converse's services include continuous observation,Client agrees Ownership of Data and Documents;Samples not to allow grading,filling or compaction to be performed at any time or times when Converse Is not physically present upon the Site and shall restrict the All reports,boring logs,field data,field notes,laboratory test data,calculations,estimates and amount and extent of such grading,filling and compaction to that which can be other documents prepared by Converse shall remain the property of Converse. properly cbseree by Converse personnel present on the Site. Client shall have the right to the use of all data.recommendations,proposals,reports,design d. That in the event Converse is to conduct test borings for Client, Client criteria and similar information provided to it by Converse ("information" herein); provided, acknowledges that the accuracy of said test borings relates only to the specific however,that the information shall not be used or relied upon by any party other than Client, location in *,,he boring itself was performed and that the nature of many save and except as may be required by the design and licensing requirements of the project for sites is ',at differing subsurface soil characteristics can be experienced which the information is provided;further,such use shall be limited to the particular site and within a smaii distance. As such,Client acknowledges that greater accuracy is project for which the information is provided. obtained when the number of test borings is increased. Client's right to the use of the information is expressly conditioned upon Clienfs prompt payment Indemnity of Client and Limitation of Liability to Converse of all sums due under the ClientlConverse agreement. In the event of Client's nonpayment or partial payment of said amounts,Client agrees that it shall not use any of the Converse shall ncerr,riify client, its officers,directors, agents or employees from any information for any purpose whatsoever and shall return the same to Converse upon demand. claim,demand or'iabi lj arising from personal injury or property loss or damage caused Converse will retain all samples of soil, rock or other materials obtained in the course of by the sole negligence cr willful misconduct of Converse. performing its services for a period of thirty(30)days.Thereafter,further storage or transfer of Anything to the ontrary in the agreement to which these General Conditions are samples to Client may be made at Clienfs expense upon written request from Client to attached or in these G—eral Conditions notwithstanding, Converse's liability shall be Converse received by Converse prior to the expiration of the 30 day period. limited to the lesser of tie fees charged to Client by Converse for the services performed for Client or the sum of fifty thousand dollars. Client may,at its option,increase the Converse shall retain permanent records relating to the Converse services for a period of five(5) maximum amount for which Converse shall be liable by payment of an additional fee. years following submittal of Converse's report during which period the records will be made For the maximum liability sum of one hundred thousand dollars,the additional amount to available to Client upon reasonable notice given by Client and upon payment to Converse of an be paid shall be four percent of the total Converse fee charged hereunder; for the amount sufficient to reimburse Converse for is necessary and reasonable expenses in making maximum liability sum of one million dollars,the additional amount to be paid shall be said records available, five percent of the'total Converse fees charged hereunder. Standard of Care and Professional Responsibility Client acknowledges teat Converse has agreed to charge Client a reduced fee for services in exchange` r the above limitation of liability and that said reduction in fees is Client acknowledges that the services to be performed by Converse involve the use of tests, consideration for sad.m;ta;ion. calculations, analyses and procedures whkt are in a constant state of development, improvement and refinement and that. as such, Improvementts, chianges in methods, and Client shall defend and save harmless Converse, its offi=cers, directors, agents and modifications of procedures have been made in the past, are now being made, and are employees fr^irn a7, 'abs i y, cairns and demands, including expenses of suit and expected'to wwritinuie to be made in the futurer easonab!e attomays fees ansing from personal niudes,inducing disease and death, property Coss or ramra gel injury`a 0 he 3(ii'lrwlud_nig personnel of C;ert,Converse or Further,Client recognizes stat,while necessary for investigations,commonly used exploration subcontractors perform,„`dry work,hereunder) acrd air or ground pollution or environmental methods,such as drilling borings or excavating bens hes involve an inherent ask. For example, impairment arising jut of or in any manner connected with or related to the pierformance exploration on a site containing contaminated materials may result in inducing cross- of Converse's services, except where such injury, loss or damage shall have been contamination,the prevention of which may not complete using presently recognized sealing causes by the sole negirgerice or willfill conduct of Converse. Client acknowledges methods. that Converse ,as ri.argerl Client a reduced fee for services to be performed by rt in exchange for firs ncid'armies and that ate reduction yr fees is consideration for said Client recognizes that the state of practice,i?-,rUding but not limited to the practice relating to hold haT^Iess r .. on. conta=mination or hazardous waste conditions, is changing and evolving and that standards existing at the present fsrne may subsequently change as know edge increases and the state of Converse will not we .ab'e rur corseouentiat damages of any kind,nature or description. the practice continues#o i=mprove. Hazardous Waste,Pollution and Health Hazard Projects("Hazardous Projects„ Client recognizes that projects containing contaminated materials may not perform as Herein) anticipated by Client,even h Converse's services are performed in accordance with the level of care and skill required of it Further, certain governmental regulations relating to Prior to the commencement of services by Converse on any hazardous project, hazardous waste sites may purport to require achievement of results which cannot be Client agrees to advise Converse in writ€ng if any of said services are to be accomplished in an absolute sense. It is recognized that a satisfactorily designed,constructed performed in an area where dust,fumes,gas,noise,vibrations or other particulate or and maintained monitoring system may assist in the early detection of environmental changes nonpadiculate matter is in the atmosphere where it raises a potential or possible allowing for early correction of problem. Unless it is spec lically included in the scope of health hazard or nuisance to anyone working within the area.Prior to the effective services to be performed by Converse,Client understands that.Converse shall not perform such date of the agreement to which these General Conditions are a per, Client monitoring, represents that.t has advised Converse in wrfing of any known hazardous waste Gonversecon otarts r_-Usa