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HomeMy WebLinkAboutReso 018-96 Berlogar/DoughHillsRESOLUTION NO. 18 - 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH BERLOGAR GEOTECHNICAL CONSULTANTS FOR INVESTIGATION AND DESIGN OF SLIDE REPAIR IN DOUGHERTY HILLS OPEN SPACE WHEREAS, the City of Dublin requested a proposal from Berlogar Geotechnical Consultants for investigation, design, and assistance in preparing bid documents for repair of slides in the Dougherty Hills Open Space; and WHEREAS, the scope of work and costs proposed are reasonable and the City desires that Berlogar Geotechnical Consultants perform the work; NOW, TEEFORE, BE IT RESOLVED that the Dublin City Council approves the agreement with Berlogar Geotechnical Consultants attached as Exhibit "A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 13th day of February, 1996. AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTES :~.~.y{ Cler.~k~_k~ ~ Mayor g:hgenmiscXresoberl K2/G/feb-96/resoberl .doc EXHIBIT A OF RESOLUTION STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of February 13, 1996, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Be~ogar Geotechnical Consultants ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the ConsultanUs proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the proJ.'ect for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. The Project Manager for Consultant shall be Frank Berlogar. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMEPSON ("Administrator").. All correspondence shall be directed to or through the Administrator or his or designee. Agreement Page 1 of 2 02/05/96 10. NOTICES. Any written notice to Consultant shall be sent to: Berlogar Geotechnical Consultants 5587 Sunol_ Blvd. Pleasanton CA 94566 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: Attest: ~ C~it~Ce?~l (L Approved as to form: City Attorney CITY OF DUBLIN, Zfuni ' i ' 'ity" By ! "~nsuitant"~Y~~ Agreement Page 2 of 2 02/05/96 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE PER JOB NO. 2090.000 DA;I'ED JANUARY 31, 1996 FROM BERLOGAR GEOTECffNICAL CONSULTANTS (ATTACHED). Exhibit A Page 1 of 1 EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant an amount not to exceed the total sum of Twenty-Seven Thousand Dollars ($27,000) for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of project based on the cost for services performed in accordance with the cost estimate of January 31, 1996. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized tO obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shah maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 02/05/96 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 of 1 02/05/96 EXHIBIT D GENERAL PROVISIONS o o , INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. .TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 0Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/7.8) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Exhibit D Page I of 4 02/05/96 D, (3) Workers Compensation and Employers Liability: Workers Compensation limits as- required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (2)- (3) (4) (a) The City, its officers, officials, and employees are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shalI be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (C) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the pan of the Consultant in the course of performance of the services specified in this Agreement. All Coverages. Exhibit D Page 2 of 4 02/05/96 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either pa. rty except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of InSurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, and employees from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from and, to the extent caused by the consultants, negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree Exhibit D Page 3 of 4 02/05/96 10. 11. that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance_ contracts does not relieve the Consultant or subconsultants from liability under this paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another govermnental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in p.art, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 4 of 4 02/05/96 January 31, 1996 Job No. 2090.000 Mr. Lee S. Thompson Public Works Director City of Dublin P.O. 2340 Dublin, California 94568 Subject: Dougherty Hills Park Landslides Dublin, California ':7' ,z t/- ,',., BGC BERLOGAR GEOTECH NICAL CONSULTANTS .:, ..;.. , '( Dear Mr. Thompson: Pursuant to your letter of January 23, 1996, we are please to submit herewith our proposal to perform geotechnical investigations of four landslide areas. Two of the landslides are located in the slope above Crossridge Road and two of them are located on the slope above Jade Circle. At this point in time, preliminary indications are that the two slides above Jade Circle may be potentially significantly more complicated than the slides above Crossridge Road~ The two slides above Crossridge Road appear typical of slump slides on oversteepened cut slopes. The two slides the north bend and south bend of Jade Circle appear, based on air photo review and field reconnaissance, that they might be located on larger deep seated landsliding that preexisted the development. It is always important in landslide investigations to consider potential for deeper sliding than the current level of activity, but this appears to be particularly critical for the two above Jade Circle. We propose that our investigation of the four landslides consist of excavation of backhoe test pits using a crawler-mounted excavator gaining access through the city water tank site. We anticipate that four to five test pits will be required for each of the two slides above Crossridge Road and that six to eight test pits will be required for each of the slides above Jade Circle. If the findings in the backhoe pits are judged conclusive above Crossridge Road, we would not drill borings for additional subsurface information in these two slides; however, should the backhoe exploration of the two slides not be conclusive, borings will be needed. With regard to the two slide areas above Jade Circle, we anticipate that at least one boring each will should be drilled in each of these slides. We anticipate that these borings would extend to depths of approximately 25 to 40 feet. Depending on subsurface conditions encountered and the results of the backhoe work and the initial borings, it may be necessary to drill additional borings to provide for a thorough investigation of either of these two slides. Samples would be recovered from the borings and test pits and returned to our laboratory for further examination and testing. Laboratory testing is expected to be limited to index properties testing and strength testing for the design of the slide repair work. The information developed in our field and laboratory programs would be analyzed so that specific recommendations for repair of each of the four slide areas can be developed and presented in our report. SOIL ENGINEERS · ENGINEERING GEOLOGISTS · 5587 SUNOL [3OL'LEVARD · PLEAS-\XT()N, CA 94566 · (510) 484-L',220 · F..\\:' 51[)~ 846-:~'.-':' January 31, 1996 Job No. 2090.000 Page 2 With regard to the investigation and design phase of our work, we anticipate that the cost for our investigation will range between $15,000 to $24,000, depending on the number and depths of the borings drilled. Our fee for this work will be determined in accordance with the attached Fee Schedule - 1994 which is made a part hereof by reference. An approximate breakdown of this budget is as follows: Field Investigation Laboratory Analysis Report Preparation $6,000- $10,000 $2,000- $3,000 $4,000- $6,000 $3,000- $5,000 TOTAL $15,000- $24,000 With regard to your request and scope of work, we believe that we can generally satisfy the intent of your four requested items as scope of work, but it may or may not be possible to determine the actual cause of each of the four slides. With regard to fees for work beyond the design investigation and recommendations for repair, we recommend that you budget an additional $2,000 to $3,000 for assisting the City staff in preparation of the design documents for repair and mitigation work. With regard to construction observation services, our fee will depend upon two variables that cannot be defined at this point in timeZ The two variables are the final magnitude of the repair work and the rate of progress of the contractors repair work. For preliminary budget purpose, we recommend that you anticipate our fee for construction phase services to range between $25,000 and $50,000. Please feel flee to call me if you have any questions. Respectfully, BERLOGAR GEOTECHNICAL CONSULTANTS ogar Attachment: Fee Schedule - 1994 wp51/proposal/3258 BERLOGAR GEOTECHNICAL CONSULTANTS FEE SCHEDULE - 1994 General Billing Rate/Hour ./"""Principal Engineers and Geologists ........................................................................ $152.00 Nssociate Engineers and Geologists ......................................................................... 132.00 Senior Engineers and Geologists ........................................................................... 116.00 Project Engineers and Geologists ........................................................................... 104.00 Staff Engineers and Geologists ............. - ................................................................. 94.00 Supervising Technicians ................................................................................. 104.00 Laboratory Technicians ................................................................................... 80.00 Senior Engineering Technicians . .' ........................................................................... 80.00 Engineering Technicians .................................................................................. 72.00 Computer Time ........................................................................................ 20.00 Draftsman ............................................................................................ 70.00 Word Processor ........................................................................................ 47.00 Clerical .............................................................................................. 32.00 Outside Services .................................................................................. Cost + 15% Vehicle ........................................................................................... 44C/mile Nuclear Density Gauge (Two-Hour Minimum) ............ ...................................................... 7.00 Proton Magnetometer ................................................................................ 100.00/day Seismograph (12 Channel) ............................................................................ 263.00/day Slope Indicator .................................................................................... 126.00/day Sondex Instrument ................................................................................... 88.00/day Facsimile Charges .................................................................................. 1.00/sheet Overtime work performed at the request of the Client or necessitated by Contractor - working overtime will be billed at 1.5 times the hourly rates listed above. Limitations BERLOGAR GEOTECHNICAL CONSULTANTS provides services in the field of Soil Engineering - Engineering Geolog',/, in accordance with presently accepted professional practices. No warranty, either expressed or implied, is granted as part of performance of our work. ,"~'f any d~magc,,on-aceount of ~nY-erre~-~rnis~i~eP`pr~fessi~n~a~ne~igence;-~uH~abiEt~.y-~iH-be-~m~ed-t~-a-5um-~f~c5~4~r~ur"fee~~ · - wh;chever is greater. In the event the Client makes a claim against BERLOGAR GEOTECHNICAL CONSULTANTS at law or otherwise, for any alleged error, omission or other acts arising out of the performance of our professional services, and the Client fails to prove such claim, then the Client shall pay all costs incurred by BERLOGAR GEOTECHNICAL CONSULTANTS in defending itself against the claim. On-Site InvestiRation Conditions (a) (b) Client shall indicate to Consultant the property lines and is responsible for accuracy of markers. Client shall grant free access to the site for all necessary equipment and personnel. The Client shall notify any and all possessors of the project site, whether they be lawfully or unlawfully in possession, that Client has granted Consultant free access to the project site, and Client shall secure permission (and any permits) necessary to allow Consultant free access to the project site at no charge to Consultant unless specifically agreed to other,vise in the letter of proposal attached hereto. (c) (d) (e) (0 Client shall take steps to see that the property is protected inside and out, including all landscaping, shrubs and flowers, and Consultant will not be responsible for damage to lawns, shrubs, landscapes, walks, sprinkler systems, or underground utilities and installation caused by movement of earth or equipment. Client shall locate for Consultant and shall assume responsibility for the accuracy of his representatives as to the locations of all underground utilities and installations. Consultant will not be responsible for damage to any such utilities or installations not so located, and any such damage may, at Consuttant's option, be repaired by Consultant and billed at cost p]us 1 S percent to Client. Such costs are in addition to the fees defined by the proposal of which this Fee Schedule is a part. Consultant will make borings and/or trenches during subsurface exploration of the site. Consultant will attempt to backfill all borings and/or trenches but will make no attempt to compact said backfill so it is probable that settlement of the backfill will occur. Client hereby agrees to accept all responsibility for conditions related to backfill settlement. If Client requests, Consultant will retain a third party to compact such backfill. The charges thereof will be billed to the Client at cost plus 15 percent. Such charges are in addition to any amounts previously authorized by the Client. All samples of soil or rock wilt be discarded thirty days after submission of our report unless specific arrangements are previously m~ide by Client. Laboratory Tests (Unit charge for laboratory testing including the normal laboratory work and reporting of results only. Unusual ortime-cor~suming sample preparation or special tests are billed at hourly charge for the laboratory technician. Charges for testing which are not listed will be given upon request. Similarly, a reduction of the Fee Schedule rate can be given for a large number of tests). Billing Rate/Test Classification Tests '. Atterberg Limits (PI & LL) ......................... $109 Sieve Analysis ................................... 85 Percent Passing #200 Sieve .......................... 43 Hydrometer Analysis ............................. 102 Sand Equivalent .................................. 89 Specific Gravity ................................. 107 Bulk Specific Gravity .............................. 92 Moisture Content/Unit Weight ....................... 11 Coml~action Curves A. 4-1nch Mold ................................. 168 B. 6-Inch Mold ................................. 198 C. Col Impact fWet) .............................. 168 D, Col Impact (Dry) .............................. t98 E. 1 Point Verification ............................. 71 Durability Factor A. Fine ....................................... 158 B. Coarse ..................................... 128 R-Value Tests Not Requiring Reproportioning ...................... 223 Requiring Reproportioning ......................... 250 Cement, Lime, Other ............................. 250 Concrete Tests (including moisture content and dry unit weight determinations) A. Compression Tests (set o~ 3 specimens) ............... 53 B. Trial Batch .................................. 670 Shrink/Swell Tests (including moisture content and dry unit weight determinations) A. Undisturbed .................................. 68 g. Remolded ................................... 132 Billing .Rate/Test Stren~[th Tests (including moisture content and dry unit weight determinations) Direct Shear, Per Point A. Undisturbed ................................. $ 40 B. Retooldeal .................................... 82 Triaxial Compression. Per Point A. Unconsolidated, Undrained ...................... 110 B. Unconsolidated, Undrained and Backsaturated ......... 183 C- Consolidated, Undrained ........................ 196 D. Conso!idated, Undralned and Backsaturated .......... 250 E. Consolidated, Drained .......................... 196 F, Pore Pressure Measurements ....................... 62 G. Retooldeal Specimens, Add, Per Point ................ 42 Unconfined Comoression A. Undisturbed .................................. 70 B. Remolded .................................. 112 Consolidation Tests (including moisture content and dry unit weight determinations) A. Undisturbed ................................. 168 B. Remolded .................... ............... 210 C. Time Compression Curve, Per Increment .............. 42 Aspbaltic Concrete A. Maximum Density .............................. 87 B. Extraction ................................... 110 C. Gradation ................................... 100 Soecial Conditions In the event that the Client requests termination of the work prior to completion of a report, we reserve the right to complete such analyses and records as are necessary to place our files in order and, where considered by us necessary to protect our professional reputation, to complete a report on the work performed to-date. A termination charge to cover the cost thereof in an amount not to exceed 30 percent of all charges incurred up to date of the stoppage of the work may, at the discretion of BERLOGAR GEOTECHNICAL CONSULTANTS, be made. All work including letters and reports prepared by BERLOGAR GEOTECHNICAL CONSUL1'ANTS shall remain the .~ole property of BERLOGAR GEOTECHNICAL CONSULTANTS until payment in full is received. Expert witness testimony/deposition minimum charges: $900/half-day; $1,600/full--day; preparation at applicable hourly rates. Project-related costs including: Outside printing and reproduction, special fees, permits or insurance, telegrams, telephone, shipping, equipment . rental, meals and lodging and other similar items are billed at cost plus 15 percent. Copies of previously-issued reports of up to 50 pages will be billed at $35.00 for the first copy, and $25.00 for each additional copy. Specific quotes for larger reports and/or reports containing drawings larger than 8~ x 11 inches. A new Fee Schedule is issued at the beginning of each year. Unless other arrangements have been made, charges for all work performed after December 31, 1994, (including projects initiated in the prior year) wilt be based on the new schedule of charges. Billing Invoices will be issued every month, payable upon receipt, unless otherwise agreed. Client agrees to pay on receipt all invoices not questioned within ten days a~er mailing by BFRLOGAR GEOTECHNIC_J~L CONSULTANTS. Any questions raised after this ten-day period will be answered by BERLOGAR GEOTECHNIC. AL CONSULTANTS and should any credit be due, BERLOGAR GEOTECHNICAL CONSULTANTS will apply the credit to future invoices, or if requested by Client, refund any amount due. A service charge of two percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment therea~er to be applied first to accrued interest and then to lhe principal unpaid amount. Any atterney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client.