HomeMy WebLinkAboutItem 3.2 GHAD ENGEO Agreement STAFF REPORT
GEOLOGIC HAZARD DISTRICT CLERK
ABATEMENT DISTRICT File #360-60
DATE: June 2, 2015
TO: Honorable President and Board of Directors �i
FROM: Christopher L. Foss, GHAD District Manager Y4
SUBJECT: Approval of a Consulting Services Agreement with ENGEO Incorporated
Prepared by Andrew Russell, District Engineer
EXECUTIVE SUMMARY:
The Board of Directors will consider approving consulting services agreements with ENGEO
Incorporated for day-to-day Geologic Hazard Abatement District activities, geotechnical
engineering, maintenance, and emergency response activities.
FINANCIAL IMPACT:
Under the agreements, the selected consultant will provide services to each Geologic Hazard
Abatement District (GHAD) based upon the rate schedule included in each agreement.
Services provided will be funded by each GHAD's operating budget.
RECOMMENDATION:
Staff recommends that the Board: 1) Adopt the Resolution Approving the Consulting Services
Agreement Between the Fallon Crossing Geologic Hazard Abatement District and ENGEO
Incorporated; 2) Adopt the Resolution Approving the Consulting Services Agreement Between
the Fallon Village Geologic Hazard Abatement District and ENGEO Incorporated; and, 3) Adopt
the Resolution Approving the Consulting Services Agreement Between the Schaefer Ranch
Geologic Hazard Abatement District and ENGEO Incorporated.
Submitted By 'eviewed By
District Engineer District Treasurer
DESCRIPTION:
Geologic Hazard Abatement District (GHAD) staff prepared and initiated a Request for
Qualifications (RFQ) from qualified individuals or firms to provide professional management and
engineering services for the Fallon Crossing GHAD, Fallon Village GHAD, and Schaefer Ranch
GHAD. The RFQ specified that the selection process would be based upon qualifications and
Page 1 of 2 ITEM NO. 3.2
specific experience of key project team members, experience with similar types of services, and
satisfaction of current or previous clients.
The RFQ was sent to 19 engineering firms, posted on the web, and sent to the California
Association of GHADs for distribution to Association members. Staff received and evaluated
responses from two firms and then conducted interviews with both firms. Based upon the
qualifications submitted and the results of the interview, Staff is recommending ENGEO
Incorporated as the consultant for each GHAD.
ENGEO currently provides management and engineering services for seven GHADs, has vast
experience with geologic and geotechnical studies within Dublin, and is equipped to respond to
emergencies. ENGEO also prepared the Plan of Control and Engineer's Reports for both the
Fallon Village CHAD (including the Jordan Ranch Annexation) and the Schaefer Ranch CHAD.
Consulting services provided through the Agreements will be paid by the operating budget of
each GHAD separately. The operating budget is funded through assessments collected from
properties within each GHAD.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None required. A copy of the staff report was provided to ENGEO Incorporated.
ATTACHMENTS: 1. Resolution Approving the Consulting Services Agreement Between
the Fallon Crossing Geologic Hazard Abatement District and
ENGEO Incorporated
2. Exhibit "A" to Resolution, Consulting Services Agreement
3. Resolution Approving the Consulting Services Agreement Between
the Fallon Village Geologic Hazard Abatement District and ENGEO
Incorporated
4. Exhibit "A" to Resolution, Consulting Services Agreement
5. Resolution Approving the Consulting Services Agreement Between
the Schaefer Ranch Geologic Hazard Abatement District and
ENGEO Incorporated
6. Exhibit "A" to Resolution, Consulting Services Agreement
Page 2 of 2
FALLON CROSSING GHAD RESOLUTION NO. - 15
A RESOLUTION OF THE BOARD OF THE
FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT
APPROVING AN AGREEMENT WITH ENGEO INCORPORATED
FOR CONSULTING SERVICES
WHEREAS, this Resolution is adopted pursuant to the provisions of Division 17 (Section
26500 et seq.) of the Public Resources Code, entitled "Geologic Hazard Abatement Districts"
("the GHAD law"); and
WHEREAS, the Fallon Crossing Geologic Hazard Abatement District requires consulting
services; and
WHEREAS, the qualifications of ENGEO Incorporated are appropriate for the work
proposed.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Fallon
Crossing Geologic Hazard Abatement District hereby approves the Agreement (attached
hereto as Exhibit A) with ENGEO Incorporated for consulting services.
BE IT FURTHER RESOLVED that the District Manager is authorized to execute the
Agreement.
BE IT FURTHER RESOLVED that the District Clerk shall certify the adoption of this
Resolution.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon
adoption.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Board President
ATTEST:
District Clerk
CONSULTING SERVICES AGREEMENT BETWEEN
FALLON CROSSING GEOLOGIC HAZARD ABATEMENT DISTRICT
AND
ENGEO INCORPORATED
THIS AGREEMENT for consulting services is made by and between the FALLON CROSSING
Geologic Hazard Abatement District("GHAD") and ENGEO INCORPORATED ("Consultant") as of
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to GHAD the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2018, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the GHAD's right to terminate the Agreement, as provided for in Section 8.
1.2 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 its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that GHAD, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from GHAD of such desire of GHAD,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. GHAD hereby agrees to pay Consultant for services outlined in Exhibit
A in accordance with the hourly rate schedule attached hereto as Exhibit B. In the event of a conflict
between this Agreement and Consultant's proposal, regarding the amount of compensation, the Agreement
shall prevail. GHAD shall pay Consultant for services rendered pursuant to this Agreement at the time and
in the manner set forth herein. The payments specified below shall be the only payments from GHAD to
Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to GHAD
in the manner specified herein, Except as specifically authorized by GHAD, Consultant shall not bill GHAD
for duplicate services performed by more than one person.
2015 Fallon Crossing GHAD Services Agreement Page 1 of 13
Consultant and GHAD acknowledge and agree that compensation paid by GHAD to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible.
GHAD therefore has no responsibility for such contributions beyond compensation required under this
Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• At GHAD's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing the
work, the hours spent by each person, a brief description of the work, and each
reimbursable expense;
• The Consultant's signature.
2.2 Monthly Payment. GHAD shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. GHAD
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant,
2.3 Total Payment. GHAD shall pay for the services to be rendered by Consultant pursuant
to this Agreement. GHAD shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
GHAD shall make no payment for any extra,further, or additional service pursuant to this
Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.5 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to CHAD. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
2015 Fallon Crossing GHAD Services Agreement Page 2 of 13
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the GHAD or Consultant terminates this
Agreement pursuant to Section 8, the GHAD shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.9 Rate Adjustments. Consultant will be entitled to an annual rate adjustment upon each
annual anniversary of this Agreement, the amount of said increase to be approved by the
GHAD. The base for computing the adjustment shall be the Consumer Price Index for
Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U.S.
Department of Labor, Bureau of Labor Statistics (Index)which is published for the year
ending in December. If the Index has increased over the Index for the prior year, the rates
for the following year shall be established by multiplying the rates for the current year by a
fraction, the numerator of which is the Renewal Index and the denominator of which is the
Index for the preceding year. In no case shall the adjusted rates be less than the initial
rates as set forth in Exhibit B. A sample calculation is set forth below. The District
Treasurer shall calculate the adjusted rate on each anniversary date of this agreement and
shall provide notice to Consultant of such new rates.
SAMPLE CALCULATION: (Using 1% index increase as an example)
HOURLY CHARGE RATE $150.00/hr
INDEX INCREASE (Assuming 1%) 150 x .01 = 1.50 1.50/hr
$151.50/h r
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all
facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure"occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to GHAD of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the GHAD. Consultant shall maintain
the insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to GHAD. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
2015 Fallon Crossing GHAD Services Agreement Page 3 of 13
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than TWO MILLION DOLLARS ($2,000,000.00) per accident. In the-alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator, The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive-all rights of subrogation against the GHAD and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
GHAD. Consultant shall notify GHAD within 14 days of notification from Consultant's
insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
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a. GHAD and its officers, employees, agents, and volunteers shall be
covered as additional insureds with respect to each of the following:
liability arising out of activities performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and
completed operations of Consultant; premises owned, occupied, or used
by Consultant; and automobiles owned, leased, or used by the
Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to GHAD or its officers, employees, agents,
or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
C. An endorsement must state that coverage is primary insurance with
respect to the GHAD and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the GHAD shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to GHAD and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the CHAD. Consultant shall notify GHAD
within 14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than THREE MILLION DOLLARS ($3,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty(30)
days' prior written notice by certified mail, return receipt requested, has been given
to the GHAD.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
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a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The GHAD shall have the right to exercise, at the Consultant's sole cost
and expense, any extended reporting provisions of the policy, if the
Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the
GHAD prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than AM I.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish GHAD with certificates of insurance and with original
endorsements effecting coverage required herein. 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 GHAD reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The GHAD may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms
of such insurance are either not commercially available, or that the GHAD's
interests are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of GHAD for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to CHAD, its officers, employees, agents,
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and volunteers. The Contract Administrator may condition approval of an increase
in deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them,
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to GHAD at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies GHAD may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, GHAD may, at its sole option exercise any of the following
remedies, which are alternatives to other remedies GHAD may have and are not the
exclusive remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the CHAD, and hold harmless the GHAD and its officials,
officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits,
actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or
damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent
caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its
employees, subcontractors, or agents, arising out of Consultant's performance of services under this
Agreement. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the GHAD or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by CHAD of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration. Consultants's aggregate liability
hereunder shall be limited to $3,000,000.
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Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of CHAD. GHAD shall have
the right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise GHAD shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement
6.2 Consultant No Agent. Except as GHAD may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of GHAD in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind GHAD to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which GHAD is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to CHAD that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to GHAD that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from CHAD.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
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Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. GHAD may cancel this Agreement at any time and without cause upon
written notification to Consultant.
Consultant may cancel this Agreement upon thirty (30)days' written notice to GHAD and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; GRAD, however, may condition payment of
such compensation upon Consultant delivering to GHAD any or all documents,
photographs, computer software, video and audio tapes, and other materials provided to
Consultant or prepared by or for Consultant or the GHAD in connection with this
Agreement.
8.2 Extension. GHAD may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if GHAD grants such an extension, GHAD shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, GHAD shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. GHAD and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to GHAD for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between GHAD and Consultant shall
survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, GHAD's remedies shall include, but not be limited to, the following:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that GHAD would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the CHAD. Consultant hereby agrees to
deliver those documents to the GHAD upon termination of the Agreement. It is understood
and agreed that the documents and other materials, including but not limited to those
described above, prepared pursuant to this Agreement are prepared specifically for the
GHAD and are not necessarily suitable for any future or other use. GHAD and Consultant
agree that, until final approval by GRAD, all data, plans, specifications, reports and other
documents are confidential and will not be released to third parties without prior written
consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the GHAD under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the GHAD, Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds TEN THOUSAND DOLLARS
($10,000.00), the Agreement shall be subject to the examination and audit of the State
Auditor, at the request of GHAD or as part of any audit of the GHAD, for a period of three
(3) years after final payment under the Agreement,
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
2015 Fallon Crossing GHAD Services Agreement Page 10 of 13
party shall be entitled to reasonable attorneys'fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the District limits of GHAD or whose business, regardless of location, would place
Consultant in a"conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any GHAD official in the work performed pursuant to this
Agreement. No officer or employee of GHAD shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the CHAD. If Consultant was an
employee, agent, appointee, or official of the GHAD in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the GHAD for
any sums paid to the Consultant. Consultant understands that, in addition to the
foregoing, it may be subject to criminal prosecution for a violation of Government Code §
1090 and, if applicable, will be disqualified from holding public office in the State of
California,
2015 Fallon Crossing GHAD Services Agreement Page 11 of 13
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the District Engineer,
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Eric Harrell, CEG
ENGEO Incorporated
2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583
Any written notice to GHAD shall be sent to:
District Engineer
Fallon Crossing Geologic Hazard Abatement District
c/o Public Works Department
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the Contract Administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and including the compensation schedule attached
hereto and incorporated herein as Exhibit B, represents the entire and integrated
agreement between GHAD and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
2015 Fallon Crossing GHAD Services Agreement Page 12 of 13
GEOLOGIC HAZARD ABATEMENT DISTRICT CONSULTANT
By: Christopher L. Foss By: c' 10 n c
Title: District Manager Title: f' l sso c` cl-c
Date: Date: Ll r
Attest:
Caroline Soto, District Clerk
Approved as to Form:
Adam U. Lindgren, District Counsel
2015 Fallon Crossing GHAD Services Agreement Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
2015 Fallon Crossing GHAD Services Agreement
Fallon Crossing, Fallon Village, or Schaefer Ranch Geologic Hazard Abatement District(GHAD)
GHAD Services Consultant Scope of Services
The GHAD Services Consultant shall be responsible for the day-to-day general GHAD, geotechnical
engineering, maintenance, and emergency response activities of the GHAD in accordance with all
applicable state and federal statutes,the GHAD Plan of Control, and all adopted GHAD Board of
Directors(GHAD Board) policies and guidelines. GHAD Services Consultant responsibilities shall include
preparation of annual budget, submittal of annual tax roll levy, and property owner support regarding
annual levy.
The GHAD Services Consultant may retain civil and/or geotechnical engineering consultants,geologists,
contractors and/or other vendors as may be required under GHAD law to evaluate, review, design,
construct, inspect, monitor or maintain GHAD facilities and improvements in accordance with the GHAD
Plan of Control. The GHAD Services Consultant shall secure these services on behalf of the District in
accordance with the GHAD Board's procedures related to the awarding of contracts for GHAD repair,
maintenance and improvements projects and for professional and support services.
The GHAD Services Consultant shall provide (or contract to provide) on-call emergency response
services in managing winterization projects, minor repair projects, and slope erosion mitigations.
Emergency response services including the necessary workforce, materials and equipment shall be
available to the GHAD as rapidly as 2 hours after notification, 24 hours a day, 7 days a week.
The GHAD Services Consultant shall report to the District Engineer, and may be required to consult with
the District Manager, District Clerk, District Treasurer,and District Counsel. All items to be submitted to
the GHAD Board for information and/or action shall be submitted through the District Engineer.
In addition,the GHAD Services Consultant shall:
1. Attend, at a minimum,two (2) GHAD Board meetings per year. Additional meeting attendance,
if necessary,can be billed on a time and materials basis.
2. Develop and maintain an accounting and bookkeeping system that allows District costs and
expenditures to be applied to individual project and/or programs. The GHAD Services Consultant shall
reconcile the accounting and bookkeeping records maintained by the GHAD Services Consultant with
those maintained by the District Treasurer.
3. Maintain GRAD Services files, documents, records, and all other work products, in an organized
filing system. Said filing system shall be accessible upon the request of the District Manager, District
Clerk, District Treasurer, District Counsel, or District Engineer(collectively"GHAD Staff.")
4. Fully cooperate with consultants (or others) retained by the GHAD Board or GHAD Staff to
perform management audits or other services authorized by the GHAD Board.
5. In accordance with the schedule established by the Alameda County Tax Collector, prepare (or
cause to be prepared) an annual update to the GHAD assessment role, including an annual update to the
budget. The GHAD Services Consultant shall be responsible to submit the annual tax roll levy,
coordination with the County Tax Assessor, and provide customer service to property owners with
questions about their assessment.
6. On or about the time the GHAD acquires monitoring and maintenance responsibilities as
described in the transfer section of the individual adopted Plans of Control, and prior to March 1 of
every subsequent year, develop a proposed line item budget detailing anticipated income and
expenditures.The proposed budget shall be submitted to the District Engineer and District Treasurer.
7. Provide quarterly year-to-date expense reports comparing actual expenditures to the approved
budget. Copies of the quarterly reports will be submitted to the District Engineer and District Treasurer.
8. Prepare a GHAD Maintenance and Operations Plan (Maintenance Plan), based upon the GHAD
Plan of Control and the GHAD Services Consultant's professional recommendations.
9. Develop and submit an Annual Report to the District Engineer on the activities of the GHAD.
The report shall include a comparison of income, expenditures, and the adopted program budget. In
addition,the report shall include the GHAD Services Consultant's evaluation and, if appropriate,
recommendations related to the need to complete, update and/or revise the following:
a. The GHAD Plans of Control.
b. The GHAD's operations and maintenance program and inspection schedule.
C. The GHAD's Maintenance and Operations Plan.
10. Maintain an Annual Work Program and a Monthly Incident Log. The Annual Work Program is to
include all major repair projects,significant incidents, and special projects. The Monthly Incident Log
shall detail all active incidents under review and/or construction by the District and/or District
consultants as well as all active GHAD construction projects.The incident log shall indicate the status of
all active incidents and shall identify the individual to be contacted with questions on any particular
incident and/or project.
11. Perform, or cause to be performed, routine geotechnical analyses and slope stability studies for
maintenance and long-term preventive programs and perform all other studies, monitoring,
maintenance and repair as set forth in the GHAD Plans of Control.
12. Develop and maintain a Communications Plan for the GHADs. The Communications Plan shall
include an emergency response protocol, an incident response protocol, and a community education
plan.
EXHIBIT B
COMPENSATION SCHEDULE
GHAD shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s) entitled, "Preferred Client Fee Schedule, Effective April 2014," attached hereto.
2015 Fallon Crossing GHAD Services Agreement
GEOTECHNICAL
ENVIRONMENTAL
ENGEO WATER RESOURCES
CONSTRUCTION SERVICES
Expect Excellence PREFERRED CLIENT FEE SCHEDULE
Effective April 2014
PROFESSIONAL SERVICES .... $285.00 per hour
President............................•---........................................................................... $235.00perhour
Principal Engineer/Geologist........................................................................................$215.00 per hour
Associate Engineer/Geologist.............................................
.........................................
Senior Engineer/Geologist............................................................................................$190.00 per hour
Project Engineer/Geologist/Manager............................................................................$170.00 per hour
$170.00 per hour
Environmental Scientist............................................................................. .......$150.00 er hour
Staff Engineer/Geologist.......--•............................................................................................................$125.00 per hour
Assistant Engineer..................................................••-...................... ............$135.00 per hour
Sr.Engineering Services Representative.........................•---.....--•--.................. p
Construction Services Manager...................................................................................
$145.00 per hour
................•--...........................$135.00 per hour*/**
Senior Field Representative II................................................................................$120.00 per hour*/**
Senior Field Representative I.......--•....................•--• .....................................$115.00 per hour*/**
Field Representative.................................•--•......----•..........
Laboratory Technician......-•.............................................................................
..........$120.00 per hour*
.................................................$150.00 per hour
Network Administrator.......................................... ......................................................$125.00 per hour
CADSpecialist.............................................................
Project Assistant...................... ....................................
.....................................•--.........$105.00 per hour
* Two-hour minimum portal to portal.Travel time,pick-up and delivery will be billed based on normal hourly rates,
portal to portal.
* OVERT IlVIE RATES:Rates increased by factor of 1.5 for all hours worked in excess of eight(8)Monday through
Friday, and the first eight(8) hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in
excess of twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours
worked on Sunday and holidays.
** For Prevailing Wage projects,increase the hourly rate by$15.
** Rates increased by factor of 125 for night shift hours(hours commencing after 4:00 p.m.or before 4:00 a.m.);rates
increased by factor of 1.875 (an additional factor of 1.5)for all night shift hours in excess of eight(8).
OTHER FEES
• Equipment and materials will be charged in addition to the above hourly rates.
Deposition,Mediation,Arbitration,or Court Appearance qVi nimurn Charge).$1,600.00 half day/$3,200.00 full day
TERMS
Invoices will be submitted at completion of work or at approximately four-week intervals and are due and payable
upon receipt. Statements will be issued at monthly intervals. Charges not paid within-30 days of invoice date will
accrue a late charge at a rate of 1.5 percent per month.In the event it becomes necessary to commence suit to collect
amount due, Client agrees to pay attorney's fees and costs, as the court may deem reasonable until amount is paid.
Fees will be applicable for one year from the effective date above;thereafter,fees will be adjusted annually.Our fees
will be billed using an invoice format produced by a standardized accounting software package.A more customized
itemization of charges and backup data will be provided upon Client's requests,but at additional fees. Final reports
maybe withheld until outstanding invoices are paid in M.
Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of
client. A principal risk is the potential for human error by ENGEO. For client to obtain the benefit of a fee that
includes a nominal allowance for dealing with our liability, client agrees to limit ENGEO's liability to Client and all
other parties for claims arising out of our performance of the services described in the agreement. The aggregate
liability will not exceed$50,000 (or twice ENGEO's fee,whichever is greater,but not more than $2,000,000) for
professional acts, errors, or omissions, including attorney's fees and costs that may be awarded to the prevailing
party and client agrees to indemnify and hold harmless ENGEO from and against all liabilities in excess of the
monetary limit established above.
2010 Crow Canyon Place,Suite 250• San Ramon,CA 94583 • (925)866-9000• Fax(888)279-2698
www.eneeo.com
ENGEO
EQUIPMENT AND MATERIALS CHARGES Expect Excellence---
DESCRIPTION COST PER UNIT
UNIT($)
Air Content Meter 7.00 hour
All-Terrain Vehicle(Mule) 25.00 hour
Bailers(Disposable) 8.00 each
Camera-Video 10.00 hour
Concrete Crack Monitor 20.00 each
Coring Machine 25.00 hour
Electronic Water Level Indicator 5.00 hour
Engineering Analysis Software 20.00 hour
Equipment Transport(er) 100.00 hour
Exploration Equipment(Percussion Penetrometer) 50.00 hour
Floor Flatness/Floor Level Equipment 20.00 hour
Generator 15.00 hour
GP Hand Held(Garmin) 5.00 hour
GPS Survey Grade(Trimble) 90.00 hour
Hand Auger and Soil Sampler 15.00 hour
Hydraulic Pull-Test Equipment 15.00 hour
Interface Probe 2.00 hour
Magnetic Particle Test Equipment 8.00 hour
Moisture Content Test Equipment 6.00 hour
Multi-Parameter Water Meter 15.00 hour
pH Meter/Turbidity Meter 10.00 hour
Photo Ionization Detector 15.00 hour
R Meter(Pachometer) 15.00 hour
Sampling Tubes 10.00 each
Sand Cone Equipment and Material 5.00 hour
Schmidt Hammer 20.00 hour
Skidmore Wilhelm Bolt Tension Calib. 10.00 hour
Slope Inclinometer/Settlement Indicator/VW Readout 50.00 hour
Torque Wrench 12.00 hour
Transfer Pump 3.00 hour
Ultrasonic Equipment 25.00 hour
Vapor Emission Test Kit 25.00 kit
Vector Conversion 60.00 conversion
Vehicle,mileage,nuclear gauge,misc.equipment,wireless communication 20.00 hour
Vehicle,mileage,misc.equipment,wireless communication 11.00 hour
Water Sampling Pumps 20.00 hour
Bridge Toll actual actual
Mileage .78 mile
Parking actual actual
Trailer 15.00 hour
AutoCAD,Terramodel(Hardware&Software) 20.00 hour
Photocopies Black&White 0.25 each
Photocopies Color 11 x 17 1.50 each
Photocopies Color 8%2 x 11 1.00 each
Plot-Black&White 3.00 square foot
Plot-Color 4.00 square foot
Postage actual actual
Scan-Black&White 1.50 each
Scan-Color 3.75 each
Telephone 0.50 minute
April 1,2014
FALLON VILLAGE GHAD RESOLUTION NO. - 15
A RESOLUTION OF THE BOARD OF THE
FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT
APPROVING AN AGREEMENT WITH ENGEO INCORPORATED
FOR CONSULTING SERVICES
WHEREAS, this Resolution is adopted pursuant to the provisions of Division 17 (Section
26500 et seq.) of the Public Resources Code, entitled "Geologic Hazard Abatement Districts"
("the GHAD law"); and
WHEREAS, the Fallon Village Geologic Hazard Abatement District requires consulting
services; and
WHEREAS, the qualifications of ENGEO Incorporated are appropriate for the work
proposed.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Fallon Village
Geologic Hazard Abatement District hereby approves the Agreement (attached hereto as
Exhibit A) with ENGEO Incorporated for consulting services.
BE IT FURTHER RESOLVED that the District Manager is authorized to execute the
Agreement.
BE IT FURTHER RESOLVED that the District Clerk shall certify the adoption of this
Resolution.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon
adoption.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Board President
ATTEST:
District Clerk
CONSULTING SERVICES AGREEMENT BETWEEN
FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT
AND
ENGEO INCORPORATED
THIS AGREEMENT for consulting services is made by and between the FALLON VILLAGE
Geologic Hazard Abatement District ("GHAD") and ENGEO INCORPORATED ("Consultant") as of
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to GHAD the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2018, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the GHAD's right to terminate the Agreement, as provided for in Section 8.
1.2 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 its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that GHAD, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from GHAD of such desire of GHAD,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. GHAD hereby agrees to pay Consultant for services outlined in Exhibit
A in accordance with the hourly rate schedule attached hereto as Exhibit B. In the event of a conflict
between this Agreement and Consultant's proposal, regarding the amount of compensation, the Agreement
shall prevail. GHAD shall pay Consultant for services rendered pursuant to this Agreement at the time and
in the manner set forth herein. The payments specified below shall be the only payments from GHAD to
Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to GHAD
in the manner specified herein. Except as specifically authorized by GHAD, Consultant shall not bill GHAD
for duplicate services performed by more than one person.
2015 Fallon Village GHAD Services Agreement Page 1 of 13
Consultant and GHAD acknowledge and agree that compensation paid by GHAD to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible.
GHAD therefore has no responsibility for such contributions beyond compensation required under this
Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• At GHAD's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing the
work, the hours spent by each person, a brief description of the work, and each
reimbursable expense;
• The Consultant's signature.
2.2 Monthly Payment. GHAD shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. GHAD
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Total Payment. CHAD shall pay for the services to be rendered by Consultant pursuant
to this Agreement. GHAD shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
GHAD shall make no payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.5 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to GHAD. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
2015 Fallon Village GHAD Services Agreement Page 2 of 13
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the GHAD or Consultant terminates this
Agreement pursuant to Section 8, the GHAD shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.9 Rate Adjustments. Consultant will be entitled to an annual rate adjustment upon each
annual anniversary of this Agreement, the amount of said increase to be approved by the
CHAD. The base for computing the adjustment shall be the Consumer Price Index for
Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U.S.
Department of Labor, Bureau of Labor Statistics (Index) which is published for the year
ending in December. If the Index has increased over the Index for the prior year, the rates
for the following year shall be established by multiplying the rates for the current year by a
fraction, the numerator of which is the Renewal Index and the denominator of which is the
Index for the preceding year. In no case shall the adjusted rates be less than the initial
rates as set forth in Exhibit B. A sample calculation is set forth below. The District
Treasurer shall calculate the adjusted rate on each anniversary date of this agreement and
shall provide notice to Consultant of such new rates.
SAMPLE CALCULATION: (Using 1% index increase as an example)
HOURLY CHARGE RATE $150.00/hr
INDEX INCREASE (Assuming 1%) 150 x .01 = 1.50 1.50/hr
$151.50/hr
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all
facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to GHAD of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the GHAD. Consultant shall maintain
the insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to GHAD. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
2015 Fallon Village GHAD Services Agreement Page 3 of 13
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than TWO MILLION DOLLARS ($2,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the GHAD and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
CHAD. Consultant shall notify GHAD within 14 days of notification from Consultant's
insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy;
2015 Fallon Village GHAD Services Agreement Page 4 of 13
a. GHAD and its officers, employees, agents, and volunteers shall be
covered as additional insureds with respect to each of the following:
liability arising out of activities performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and
completed operations of Consultant; premises owned, occupied, or used
by Consultant; and automobiles owned, leased,or used by the
Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to GHAD or its officers, employees, agents,
or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
C. An endorsement must state that coverage is primary insurance with
respect to the GHAD and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the GHAD shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to GHAD and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty(30) days' prior written notice by certified mail, return receipt
requested, has been given to the CHAD. Consultant shall notify GHAD
within 14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than THREE MILLION DOLLARS ($3,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty(30)
days' prior written notice by certified mail, return receipt requested, has been given
to the CHAD.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
2015 Fallon Village GHAD Services Agreement Page 5 of 13
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The GHAD shall have the right to exercise, at the Consultant's sole cost
and expense, any extended reporting provisions of the policy, if the
Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the
GHAD prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than AM I.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish GHAD with certificates of insurance and with original
endorsements effecting coverage required herein. 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 GHAD reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The GHAD may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms
of such insurance are either not commercially available, or that the GHAD's
interests are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of CHAD for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to GRAD, its officers, employees, agents,
2015 Fallon Village GHAD Services Agreement Page 6 of 13
and volunteers. The Contract Administrator may condition approval of an increase
in deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to GHAD at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies GHAD may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, GHAD may, at its sole option exercise any of the following
remedies, which are alternatives to other remedies GHAD may have and are not the
exclusive remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the GRAD, and hold harmless the GHAD and its officials,
officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits,
actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or
damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent
caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its
employees, subcontractors, or agents, arising out of Consultant's performance of services under this
Agreement. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the GHAD or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by GHAD of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration. Consultants's aggregate liability
hereunder shall be limited to $3,000,000.
2015 Fallon Village GHAD Services Agreement Page 7 of 13
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of CHAD. GHAD shall have
the right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise GHAD shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement
6.2 Consultant No Agent. Except as GHAD may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of GHAD in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind GHAD to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which GHAD is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to GHAD that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to CHAD that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from CHAD.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
2015 Fallon Village GHAD Services Agreement Page 8 of 13
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement,
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. GRAD may cancel this Agreement at any time and without cause upon
written notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days' written notice to GHAD and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; CHAD, however, may condition payment of
such compensation upon Consultant delivering to GHAD any or all documents,
photographs, computer software, video and audio tapes, and other materials provided to
Consultant or prepared by or for Consultant or the GHAD in connection with this
Agreement.
8.2 Extension. GHAD may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if GHAD grants such an extension, GHAD shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, GHAD shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. GHAD and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to GHAD for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator,
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between GHAD and Consultant shall
survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, GHAD's remedies shall include, but not be limited to, the following:
2015 Fallon Village GHAD Services Agreement Page 9 of 13
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that GHAD would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the GRAD. Consultant hereby agrees to
deliver those documents to the GHAD upon termination of the Agreement. It is understood
and agreed that the documents and other materials, including but not limited to those
described above, prepared pursuant to this Agreement are prepared specifically for the
GHAD and are not necessarily suitable for any future or other use. GHAD and Consultant
agree that, until final approval by CHAD, all data, plans, specifications, reports and other
documents are confidential and will not be released to third parties without prior written
consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the GHAD under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the GHAD. Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds TEN THOUSAND DOLLARS
($10,000.00), the Agreement shall be subject to the examination and audit of the State
Auditor, at the request of GHAD or as part of any audit of the GHAD, for a period of three
(3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
2015 Fallon Village GHAD Services Agreement Page 10 of 13
party shall be entitled to reasonable attorneys'fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California,
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this'
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the District limits of GHAD or whose business, regardless of location, would place
Consultant in a"conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any GHAD official in the work performed pursuant to this
Agreement, No officer or employee of GHAD shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the CHAD. If Consultant was an
employee, agent, appointee, or official of the GHAD in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the GHAD for
any sums paid to the Consultant. Consultant understands that, in addition to the
foregoing, it may be subject to criminal prosecution for a violation of Government Code§
1090 and, if applicable, will be disqualified from holding public office in the State of
California.
2015 Fallon Village GHAD Services Agreement Page 11 of 13
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials,
10.9 Contract Administration. This Agreement shall be administered by the District Engineer,
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Eric Harrell, CEG
ENGEO Incorporated
2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583
Any written notice to GHAD shall be sent to:
District Engineer
Fallon Village Geologic Hazard Abatement District
c/o Public Works Department
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the Contract Administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and including the compensation schedule attached
hereto and incorporated herein as Exhibit B, represents the entire and integrated
agreement between GHAD and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
2015 Fallon Village GHAD Services Agreement Page 12 of 13
GEOLOGIC HAZARD ABATEMENT DISTRICT CONSULTANT
By: Christopher L. Foss By: �
Title: District Manager Title: � o c s C,
Date: Date: LA
Attest:
Caroline Soto, District Clerk
Approved as to Form:
Adam U. Lindgren, District Counsel
2015 Fallon Village GHAD Services Agreement Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
2015 Fallon Village GHAD Services Agreement
Fallon Crossing, Fallon Village, or Schaefer Ranch Geologic Hazard Abatement District(GHAD)
GHAD Services Consultant Scope of Services
The GHAD Services Consultant shall be responsible for the day-to-day general GHAD,geotechnical
engineering, maintenance, and emergency response activities of the GHAD in accordance with all
applicable state and federal statutes, the GHAD Plan of Control, and all adopted GHAD Board of
Directors(GHAD Board) policies and guidelines. GHAD Services Consultant responsibilities shall include
preparation of annual budget, submittal of annual tax roll levy, and property owner support regarding
annual levy.
The GHAD Services Consultant may retain civil and/or geotechnical engineering consultants, geologists,
contractors and/or other vendors as may be required under GHAD law to evaluate, review, design,
construct, inspect, monitor or maintain GHAD facilities and improvements in accordance with the GHAD
Plan of Control. The GHAD Services Consultant shall secure these services on behalf of the District in
accordance with the GHAD Board's procedures related to the awarding of contracts for GHAD repair,
maintenance and improvements projects and for professional and support services.
The GHAD Services Consultant shall provide (or contract to provide) on-call emergency response
services in managing winterization projects, minor repair projects, and slope erosion mitigations.
Emergency response services including the necessary workforce, materials and equipment shall be
available to the GHAD as rapidly as 2 hours after notification, 24 hours a day, 7 days a week.
The GHAD Services Consultant shall report to the District Engineer, and may be required to consult with
the District Manager, District Clerk, District Treasurer, and District Counsel. All items to be submitted to
the GHAD Board for information and/or action shall be submitted through the District Engineer.
In addition,the GHAD Services Consultant shall:
1. Attend, at a minimum,two (2)GHAD Board meetings per year. Additional meeting attendance,
if necessary, can be billed on a time and materials basis.
2. Develop and maintain an accounting and bookkeeping system that allows District costs and
expenditures to be applied to individual project and/or programs. The GHAD Services Consultant shall
reconcile the accounting and bookkeeping records maintained by the GHAD Services Consultant with
those maintained by the District Treasurer.
3. Maintain GHAD Services files, documents, records, and all other work products, in an organized
filing system. Said filing system shall be accessible upon the request of the District Manager, District
Clerk, District Treasurer, District Counsel, or District Engineer(collectively"GHAD Staff.")
4. Fully cooperate with consultants (or others) retained by the GHAD Board or GHAD Staff to
perform management audits or other services authorized by the GHAD Board.
5. In accordance with the schedule established by the Alameda County Tax Collector, prepare (or
cause to be prepared) an annual update to the GHAD assessment role, including an annual update to the
budget. The GHAD Services Consultant shall be responsible to submit the annual tax roll levy,
coordination with the County Tax Assessor, and provide customer service to property owners with
questions about their assessment.
6. On or about the time the GHAD acquires monitoring and maintenance responsibilities as
described in the transfer section of the individual adopted Plans of Control, and prior to March 1 of
every subsequent year, develop a proposed line item budget detailing anticipated income and
expenditures.The proposed budget shall be submitted to the District Engineer and District Treasurer.
7. Provide quarterly year-to-date expense reports comparing actual expenditures to the approved
budget. Copies of the quarterly reports will be submitted to the District Engineer and District Treasurer.
8. Prepare a GHAD Maintenance and Operations Plan (Maintenance Plan), based upon the GHAD
Plan of Control and the GHAD Services Consultant's professional recommendations.
9. Develop and submit an Annual Report to the District Engineer on the activities of the GHAD.
The report shall include a comparison of income,expenditures, and the adopted program budget. In
addition,the report shall include the GHAD Services Consultant's evaluation and, if appropriate,
recommendations related to the need to complete, update and/or revise the following:
a. The GHAD Plans of Control.
b. The GHAD's operations and maintenance program and inspection schedule.
C. The GHAD's Maintenance and Operations Plan.
10. Maintain an Annual Work Program and a Monthly Incident Log. The Annual Work Program is to
include all major repair projects, significant incidents, and special projects. The Monthly Incident Log
shall detail all active incidents under review and/or construction by the District and/or District
consultants as well as all active GHAD construction projects.The incident log shall indicate the status of
all active incidents and shall identify the individual to be contacted with questions on any particular
incident and/or project.
11. Perform, or cause to be performed, routine geotechnical analyses and slope stability studies for
maintenance and long-term preventive programs and perform all other studies, monitoring,
maintenance and repair as set forth in the GHAD Plans of Control.
12. Develop and maintain a Communications Plan for the GHADs. The Communications Plan shall
include an emergency response protocol, an incident response protocol, and a community education
plan.
EXHIBIT B
COMPENSATION SCHEDULE
GHAD shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s) entitled, "Preferred Client Fee Schedule, Effective April 2014," attached hereto.
2015 Fallon Village GHAD Services Agreement
GEOTECHNICAL
ENVIRONMENTAL
EN1(%7. E0 WATER RESOURCES
CONSTRUCTION SERVICES
Expect Excellence PREFERRED CLIENT FEE SCHEDULE
Effective April 2014
PROFESSIONAL SERVICES $285.00 per hour
President.............................................................................................................
........................................$235.00 per hour
Principal Engineer/Geologist................................................ $215.00 per hour
Associate Engineer/Geologist.............................................................................................$190.00 per hour
Senior Engineer/Geologist....................................................................................
Project Engineer/Geologist/Manager............................................................................$170.00 per hour
Environmental Scientist................................................................................................$170.00 per hour
Staff Engineer/Geologist...............................................................................................$150.00 per hour............$125.00 per hour
Assistant Engineer.............................................................................................
.........................................$135.00 per hour
Sr.Engineering Services Representative............................
Construction Services Manager........................................... $145.00 per hour
Senior Field Representative ............................................ $135.00 per hour our
...................................$120.00 per hour*/**
Senior Field Representative ...............................................
............................... .$115.00 per hour*/**
..................................................................
Field Representative............................ $120.00 per hour*
Laboratory Technician...........................................................................................,,,,.$$150.00 per hour
Network Administrator...............................................................................................
CADSpecialist..............................................................................................................$125.00 per hour
Project Assistant....................................................................
........................................$105.00 per hour
* Two-hour minimum portal to portal.Travel time,pick-up and delivery will be billed based on normal hourly rates,
portal to portal-
* OVERTIME RATES:Rates increased by factor of 1.5 for all hours worked in excess of eight(8)Monday through
Friday, and the first eight(8)hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in
excess of twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours
worked on Sunday and holidays.
** For Prevailing Wage projects,increase the hourly rate by$15.
** Rates increased by factor of 1.25 for night shift hours(hours commencing after 4:00 p.m.or before 4:00 a.m.);rates
increased by factor of 1.875 (an additional factor of 1.5)for all night shift hours in excess of eight(8).
OTHER FEES
• Equipment and materials will be charged in addition to the above hourly rates.
.00
® Deposition,Mediation,Arbitration,or Court Appearance(Minimum Charge).$1,600.00 half day/$3,200 full day
TERMS
Invoices will be submitted at completion of work or at approximately four-week intervals and are due and payable
upon receipt. Statements will be issued at monthly intervals. Charges not paid within 30 days of invoice date will
accrue a late charge at a rate of 1.5 percent per month.In the event it becomes necessary to commence suit to collect
amount due, Client agrees to pay attorney's fees and costs, as the court may deem reasonable until amount is paid.
Fees will be applicable for one year from the effective date above;thereafter,fees will be adjusted annually.Our fees
will be billed using an invoice format produced by a standardized accounting software package.A more customized
itemization of charges and backup data will be provided upon Client's requests,but at additional fees.Final reports
maybe withheld until outstanding invoices are paid in full.
Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of
client. A principal risk is the potential for human error by ENGEO. For client to obtain the benefit of a fee that
includes a nominal allowance for dealing with our liability,client agrees to limit ENGEO's liability to Client and all
other parties for claims arising out of our performance of the services described in the agreement. The aggregate
liability will not exceed $50,000 (or twice ENGEO's fee, whichever is greater,but not more than $2,000,000) for
professional acts, errors, or omissions, including attorney's fees and costs that may be awarded to the prevailing
party and client agrees to indemnify and hold harmless ENGEO from and against all liabilities in excess of the
monetary limit established above.
2010 Crow Canyon Place,Suite 250• San Rainon,CA 94583 ^ (925)866-9000•Fax(888)279-2698
www.eneeo.corn
ENGEO
EQUIPMENT AND MATERIALS CHARGES -Expect Excellence--
DESCRIPTION COST PER UNIT
UNIT($)
Air Content Meter 7.00 hour
All-Terrain Vehicle(Mule) 25.00 hour
Bailers(Disposable) 8.00 each
Camera-Video 10.00 hour
Concrete Crack Monitor 20.00 each
Coring Machine 25.00 hour
Electronic Water Level Indicator 5.00 hour
Engineering Analysis Software 20.00 hour
Equipment Transporter) 100.00 hour
Exploration Equipment(Percussion Penetrometer) 50.00 hour
Floor Flatness/Floor Level Equipment 20.00 hour
Generator 15.00 hour
GP S Hand Held(Garmin) 5.00 hour
GPS Survey Grade(Trimble) 90.00 hour
Hand Auger and Soil Sampler 15.00 hour
Hydraulic Pull-Test Equipment 15.00 hour
Interface Probe 2.00 hour
Magnetic Particle Test Equipment 8.00 hour
Moisture Content Test Equipment 6.00 hour
Multi-Parameter Water Meter 15.00 hour
pH Meter/Turbidity Meter 10.00 hour
Photo Ionization Detector 15.00 hour
R Meter(Pachometer) 15.00 hour
Sampling Tubes 10.00 each
Sand Cone Equipment and Material 5.00 hour
Schmidt Hammer 20.00 hour
Skidmore Wilhelm Bolt Tension Calib. 10.00 hour
Slope Inclinometer/Settlement Indicator/VW Readout 50.00 hour
Torque Wrench 1100 hour
Transfer Pump 3.00 hour
Ultrasonic Equipment 25.00 hour
Vapor Emission Test Kit 25.00 kit
Vector Conversion 60.00 conversion
Vehicle,mileage,nuclear gauge,misc. equipment,wireless communication 20.00 hour
Vehicle,mileage,misc_equipment,wireless communication 11.00 hour
Water Sampling Pumps 20.00 hour
Bridge Toll actual actual
Mileage .78 mile
Parking actual actual
Trailer 15.00 hour
AutoCAD,Terramodel(Hardware&Software) 20.00 hour
Photocopies Black&White 0.25 each
Photocopies Color 11 x 17 1.50 each
Photocopies Color 8'/2 x 11 1.00 each
Plot-Black&White 3.00 square foot
Plot-Color 4.00 square foot
Postage actual actual
Scan-Black&White 1.50 each
Scan-Color 3.75 each
Telephone 0.50 minute
April 1,2014
SCHAEFER RANCH GHAD RESOLUTION NO. - 15
A RESOLUTION OF THE BOARD OF THE
SCHAEFR RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
APPROVING AN AGREEMENT WITH ENGEO INCORPORATED
FOR CONSULTING SERVICES
WHEREAS, this Resolution is adopted pursuant to the provisions of Division 17 (Section
26500 et seq.) of the Public Resources Code, entitled "Geologic Hazard Abatement Districts"
("the GHAD law"); and
WHEREAS, the Schaefer Ranch Geologic Hazard Abatement District requires consulting
services; and
WHEREAS, the qualifications of ENGEO Incorporated are appropriate for the work
proposed.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Schaefer
Ranch Geologic Hazard Abatement District hereby approves the Agreement (attached hereto
as Exhibit A) with ENGEO Incorporated for consulting services.
BE IT FURTHER RESOLVED that the District Manager is authorized to execute the
Agreement.
BE IT FURTHER RESOLVED that the District Clerk shall certify the adoption of this
Resolution.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon
adoption.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Board President
ATTEST:
District Clerk
CONSULTING SERVICES AGREEMENT BETWEEN
SCHAEFER RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT
AND
ENGEO INCORPORATED
THIS AGREEMENT for consulting services is made by and between the SCHAEFER RANCH
Geologic Hazard Abatement District("GHAD") and ENGEO INCORPORATED ("Consultant") as of
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to GHAD the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on June 30, 2018, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the GHAD's right to terminate the Agreement, as provided for in Section 8.
1.2 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 its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that GHAD, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from GHAD of such desire of GHAD,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. GHAD hereby agrees to pay Consultant for services outlined in Exhibit
A_in accordance with the hourly rate schedule attached hereto as Exhibit B. In the event of a conflict
between this Agreement and Consultant's proposal, regarding the amount of compensation, the Agreement
shall prevail. GHAD shall pay Consultant for services rendered pursuant to this Agreement at the time and
in the manner set forth herein. The payments specified below shall be the only payments from GHAD to
Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to GHAD
in'the manner specified herein. Except as specifically authorized by GHAD, Consultant shall not bill GHAD
for duplicate services performed by more than one person.
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Consultant and GHAD acknowledge and agree that compensation paid by GHAD to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible.
GHAD therefore has no responsibility for such contributions beyond compensation required under this
Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• At GHAD's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing the
work, the hours spent by each person, a brief description of the work, and each
reimbursable expense;
• The Consultant's signature.
2.2 Monthly Payment. GHAD shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. GHAD
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Total Payment. GHAD shall pay for the services to be rendered by Consultant pursuant
to this Agreement. GHAD shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering services pursuant to this Agreement.
GHAD shall make no payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.5 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to GHAD, Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
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2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the GHAD or Consultant terminates this
Agreement pursuant to Section 8, the GHAD shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator,
2.9 Rate Adjustments. Consultant will be entitled to an annual rate adjustment upon each
annual anniversary of this Agreement, the amount of said increase to be approved by the
CHAD. The base for computing the adjustment shall be the Consumer Price Index for
Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U.S.
Department of Labor, Bureau of Labor Statistics (Index)which is published for the year
ending in December. If the Index has increased over the Index for the prior year, the rates
for the following year shall be established by multiplying the rates for the current year by a
fraction, the numerator of which is the Renewal Index and the denominator of which is the
Index for the preceding year. In no case shall the adjusted rates be less than the initial
rates as set forth in Exhibit B. A sample calculation is set forth below. The District
Treasurer shall calculate the adjusted rate on each anniversary date of this agreement and
shall provide notice to Consultant of such new rates.
SAMPLE CALCULATION: (Using 1% index increase as an example)
HOURLY CHARGE RATE $150.00/hr
INDEX INCREASE (Assuming 1%) 150 x .01 = 1.50 1.50/hr
$151.50/hr
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all
facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to GHAD of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the CHAD. Consultant shall maintain
the insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to CHAD. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
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4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than TWO MILLION DOLLARS ($2,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the GHAD and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
CHAD. Consultant shall notify GHAD within 14 days of notification from Consultant's
insurer if such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement, If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed, 11188) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
2015 Schaefer Ranch GHAD Services Agreement Page
a. GHAD and its officers, employees, agents, and volunteers shall be
covered as additional insureds with respect to each of the following:
liability arising out of activities performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and
completed operations of Consultant; premises owned, occupied, or used
by Consultant; and automobiles owned, leased, or used by the
Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to GHAD or its officers, employees, agents,
or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
G. An endorsement must state that coverage is primary insurance with
respect to the GHAD and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the GHAD shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to GHAD and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the CHAD. Consultant shall notify GHAD
within 14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than THREE MILLION DOLLARS ($3,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the CHAD.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
2015 Schaefer Ranch GHAD Services Agreement Page
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The GHAD shall have the right to exercise, at the Consultant's sole cost
and expense, any extended reporting provisions of the policy, if the
Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the
GHAD prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than ANIL
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish GHAD with certificates of insurance and with original
endorsements effecting coverage required herein. 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 GHAD reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The GHAD may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms
of such insurance are either not commercially available, or that the GHAD's
interests are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of GHAD for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to GHAD, its officers, employees, agents,
2015 Schaefer Ranch GHAD Services Agreement Page
and volunteers. The Contract Administrator may condition approval of an increase
in deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to GHAD at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies GHAD may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, CHAD may, at its sole option exercise any of the following
remedies, which are alternatives to other remedies GHAD may have and are not the
exclusive remedy for Consultant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the GHAD, and hold harmless the GHAD and its officials,
officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits,
actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or
damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent
caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its
employees, subcontractors, or agents, arising out of Consultant's performance of services under this
Agreement. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the GHAD or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by GHAD of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration. Consultants's aggregate liability
hereunder shall be limited to $3,000,000.
2015 Schaefer Ranch GHAD Services Agreement Page
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of CHAD. GHAD shall have
the right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise GHAD shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement
6.2 Consultant No Agent. Except as GHAD may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of GHAD in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind GHAD to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which GHAD is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to GHAD that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to GHAD that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from CHAD.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
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Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. GHAD may cancel this Agreement at any time and without cause upon
written notification to Consultant.
Consultant may cancel this Agreement upon thirty(30) days' written notice to GHAD and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; CHAD, however, may condition payment of
such compensation upon Consultant delivering to GHAD any or all documents,
photographs, computer software, video and audio tapes, and other materials provided to
Consultant or prepared by or for Consultant or the GHAD in connection with this
Agreement.
8.2 Extension. GHAD may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if GHAD grants such an extension, GHAD shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, GHAD shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. GHAD and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to CHAD for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between GHAD and Consultant shall
survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, GHAD's remedies shall include, but not be limited to, the following:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that GHAD would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the CHAD. Consultant hereby agrees to
deliver those documents to the GHAD upon termination of the Agreement. It is understood
and agreed that the documents and other materials, including but not limited to those
described above, prepared pursuant to this Agreement are prepared specifically for the
GHAD and are not necessarily suitable for any future or other use. GHAD and Consultant
agree that, until final approval by GHAD, all data, plans, specifications, reports and other
documents are confidential and will not be released to third parties without prior written
consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the GHAD under this Agreement for a minimum of three (3) years, or for any longer
period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the GHAD, Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds TEN THOUSAND DOLLARS
($10,000.00), the Agreement shall be subject to the examination and audit of the State
Auditor, at the request of GHAD or as part of any audit of the GHAD, for a period of three
(3) years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
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party shall be entitled to reasonable attorneys'fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the District limits of GHAD or whose business, regardless of location, would place
Consultant in a"conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any GHAD official in the work performed pursuant to this
Agreement. No officer or employee of GHAD shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the CHAD. If Consultant was an
employee, agent, appointee, or official of the GHAD in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the GHAD for
any sums paid to the Consultant. Consultant understands that, in addition to the
foregoing, it may be subject to criminal prosecution for a violation of Government Code §
1090 and, if applicable, will be disqualified from holding public office in the State of
California.
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10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the District Engineer,
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Eric Harrell, CEG
ENGEO Incorporated
2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583
Any written notice to GHAD shall be sent to:
District Engineer
Schaefer ranch Geologic Hazard Abatement District
c/o Public Works Department
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the Contract Administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and including the compensation schedule attached
hereto and incorporated herein as Exhibit B, represents the entire and integrated
agreement between GHAD and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
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GEOLOGIC HAZARD ABATEMENT DISTRICT CONSULTANT
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By: Christopher L. Foss By: 6L~ 1 '4
Title: District Manager Title: C �?
Date: Dater ` b
Attest:
Caroline Soto, District Clerk
Approved as to Form:
Adam U. Lindgren, District Counsel
2015 Schaefer Ranch GHAD Services Agreement Page
EXHIBIT A
SCOPE OF SERVICES
2015 Schaefer Ranch CHAD Services Agreement
Fallon Crossing, Fallon Village, or Schaefer Ranch Geologic Hazard Abatement District(GHAD)
GHAD Services Consultant Scope of Services
The GHAD Services Consultant shall be responsible for the day-to-day general GHAD, geotechnical
engineering, maintenance, and emergency response activities of the GHAD in accordance with all
applicable state and federal statutes,the GHAD Plan of Control, and all adopted GHAD Board of
Directors (GHAD Board) policies and guidelines. GHAD Services Consultant responsibilities shall include
preparation of annual budget, submittal of annual tax roll levy, and property owner support regarding
annual levy.
The GHAD Services Consultant may retain civil and/or geotechnical engineering consultants,geologists,
contractors and/or other vendors as may be required under GHAD law to evaluate, review, design,
construct, inspect, monitor or maintain GHAD facilities and improvements in accordance with the GHAD
Plan of Control. The GHAD Services Consultant shall secure these services on behalf of the District in
accordance with the GHAD Board's procedures related to the awarding of contracts for GHAD repair,
maintenance and improvements projects and for professional and support services.
The GHAD Services Consultant shall provide (or contract to provide) on-call emergency response
services in managing winterization projects, minor repair projects, and slope erosion mitigations.
Emergency response services including the necessary workforce, materials and equipment shall be
available to the GHAD as rapidly as 2 hours after notification, 24 hours a day, 7 days a week.
The GHAD Services Consultant shall report to the District Engineer, and may be required to consult with
the District Manager, District Clerk, District Treasurer,and District Counsel. All items to be submitted to
the GHAD Board for information and/or action shall be submitted through the District Engineer.
In addition,the GHAD Services Consultant shall:
1. . Attend, at a minimum, two (2) GHAD Board meetings per year. Additional meeting attendance,
if necessary, can be billed on a time and materials basis.
2. Develop and maintain an accounting and bookkeeping system that allows District costs and
expenditures to be applied to individual project and/or programs. The GHAD Services Consultant shall
reconcile the accounting and bookkeeping records maintained by the GHAD Services Consultant with
those maintained by the District Treasurer.
3. Maintain GHAD Services files, documents, records, and all other work products, in an organized
filing system. Said filing system shall be accessible upon the request of the District Manager, District
Clerk, District Treasurer, District Counsel, or District Engineer(collectively"GHAD Staff.")
4. Fully cooperate with consultants (or others) retained by the GHAD Board or GHAD Staff to
perform management audits or other services authorized by the GHAD Board.
5. In accordance with the schedule established by the Alameda County Tax Collector, prepare (or
cause to be prepared) an annual update to the GHAD assessment role, including an annual update to the
budget. The GHAD Services Consultant shall be responsible to submit the annual tax roll levy,
coordination with the County Tax Assessor, and provide customer service to property owners with
questions about their assessment.
6. On or about the time the GHAD acquires monitoring and maintenance responsibilities as
described in the transfer section of the individual adopted Plans of Control, and prior to March 1 of
every subsequent year, develop a proposed line item budget detailing anticipated income and
expenditures.The proposed budget shall be submitted to the District Engineer and District Treasurer.
7. Provide quarterly year-to-date expense reports comparing actual expenditures to the approved
budget. Copies of the quarterly reports will be submitted to the District Engineer and District Treasurer.
8. Prepare a GHAD Maintenance and Operations Plan (Maintenance Plan), based upon the GHAD
Plan of Control and the GHAD Services Consultant's professional recommendations.
9. Develop and submit an Annual Report to the District Engineer on the activities of the GHAD.
The report shall include a comparison of income, expenditures, and the adopted program budget. In
addition, the report shall include the GHAD Services Consultant's evaluation and, if appropriate,
recommendations related to the need to complete, update and/or revise the following:
a. The GHAD Plans of Control.
b. The GHAD's operations and maintenance program and inspection schedule.
C. The GHAD's Maintenance and Operations Plan.
10. Maintain an Annual Work Program and a Monthly Incident Log. The Annual Work Program is to
include all major repair projects, significant incidents, and special projects. The Monthly Incident Log
shall detail all active incidents under review and/or construction by the District and/or District
consultants as well as all active GHAD construction projects.The incident log shall indicate the status of
all active incidents and shall identify the individual to be contacted with questions on any particular
incident and/or project.
11. Perform, or cause to be performed, routine geotechnical analyses and slope stability studies for
maintenance and long-term preventive programs and perform all other studies, monitoring,
maintenance and repair as set forth in the GHAD Plans of Control.
12. Develop and maintain a Communications Plan for the GHADs. The Communications Plan shall
include an emergency response protocol, an incident response protocol, and a community education
plan.
EXHIBIT B
COMPENSATION SCHEDULE
GHAD shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s) entitled, "Preferred Client Fee Schedule, Effective April 2014," attached hereto.
2015 Schaefer Ranch GHAD Services Agreement
GEOTECENICAL
ENVIRONMENTAL
EN� GEO WATER RESOURCES
CONSTRUCTION SERVICES
Expect Excellence PREFERRED CLIENT FEE SCHEDULE
Effective April 2014
PROFESSIONAL SERVICES .............$285.00 per hour
President...........................................................................................................
Principal Engineer/Geologist...........-•.............................•--......---..................................$235.00 per hour
. ........................ $215.00 per hour
Associate Engineer/Geologist.............................................................. $190.00 per hour
Senior Engineer/Geologist..........................................................................................................$170.00 er hour
Project Engineer/Geologist/Manager............................................................................$170.00 per hour
Environmental Scientist..................................................................................
Staff Engineer/Geologist...............................................................................................$150.00 per hour
Assistant Engineer............................•--
.........................................................................$125.00 per hour
Sr.Engineering Services Representative................................................................••..--$135.00 per hour
..$145.00 er hour
Construction Services Manager............................................................ ....$135.00 per hour*/**
Senior Field Representative .............................................
...............................
.............................................$120.00 per hour*/**
Senior Field Representative I.................................•-..............................................$115.00 per hour*/**
Field Representative................................................. 5.00 pe per hour*
Laboratory Technician............................................................................................
Network Administrator..............•-.........-......-..............
..--•............................................$150.00 per hour
CAD Specialist..............................:......•--.....................
................................................$125.00 per hour
ProjectAssistant............................................................................................................$105.00 per hour
* Two-hour minimum portal to portal.Travel time,pick-up and delivery will be billed based on normal hourly rates,
portal to portal.
* OVERTRyLE RATES:Rates increased by factor of 1.5 for all hours worked in excess of eight(8)Monday through
Friday, and the first eight(8) hours worked on Saturday. Rates increased by factor of 2.0 for all hours worked in
excess of twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours
worked on Sunday and holidays.
** For Prevailing Wage projects,increase the hourly rate by$15.
** Rates increased by factor of 1.25 for night shift hours(hours commencing after 4:00 p.m.or before 4:00 a.m.);rates
increased by factor of 1.875 (an additional factor of 1.5)for all night shift hours in excess of eight(8).
OTHER FEES
• Equipment and materials will be charged in addition to the above hourly rates.
• Deposition,Mediation,Arbitration,or Court Appearance(Minimum Charge).$1,600.00 half day/$3,200.00 full day
TERMS
Invoices will be submitted at completion of work or at approximately four-week intervals and are due and payable
upon receipt. Statements will be issued at monthly intervals. Charges not paid within 30 days of invoice date will
accrue a late charge at a rate of 1.5 percent per month.In the event it becomes necessary to commence suit to collect
amount due, Client agrees to pay attorney's fees and costs, as the court may deem reasonable until amount is paid.
Fees will be applicable for one year from the effective date above;thereafter,fees will be adjusted annually-Our fees
will be billed using an invoice format produced by a standardized accounting software package.A more customized
but at additional fees. Final reports
itemization of charges and backup data will be provided upon Client's requests,
may be withheld until outstanding invoices are paid in full'
Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of
client. A principal risk is the potential for human error by ENGEO. For client to obtain the benefit of a fee that
includes a nominal allowance for dealing with our liability, client agrees to limit ENGEO's liability to Client and all
other parties for claims arising out of our performance of the services described in the agreement. The aggregate
liability will not exceed$50,000 (or twice ENGEO's fee, whichever is greater,but not more than $2,000,000) for
professional acts, errors, or omissions, including attorney's fees and costs that may be awarded to the prevailing
party and client agrees to indemnify and hold harmless ENGEO from and against all liabilities in excess of the
monetary limit established above.
2010 Crow Canyon Place,Suite 250• San Raison,CA 94583 °(925)866-9000•Fax(888)279-2698
www.enaeo.com
ENGEO
EQUIPMENT AND MATERIALS CHARGES -Expect Excellence--
DESCRIPTION COST PER UNIT
UNIT($)
Air Content Meter 7.00 hour
All-Terrain Vehicle(Mule) 25.00 hour
Bailers(Disposable) 8.00 each
Camera-Video 10.00 hour
Concrete Crack Monitor 20.00 each
Coring Machine 25.00 hour
Electronic Water Level Indicator 5.00 hour
Engineering Analysis Software 20.00 hour
Equipment Transport(er) 100.00 hour
Exploration Equipment(Percussion Penetrometer) 50.00 hour
Floor Flatness/Floor Level Equipment 20.00 hour
Generator 15.00 hour
GP Hand Held(Garmin) 5.00 hour
GPS Survey Grade(Trimble) 90.00 hour
Hand Auger and Soil Sampler 15.00 hour
Hydraulic Pull-Test Equipment 15.00 hour
Interface Probe 2.00 hour
Magnetic Particle Test Equipment 8.00 hour
Moisture Content Test Equipment 6.00 hour
Multi-Parameter Water Meter 15.00 hour
pH Meter/Turbidity Meter 10.00 hour
Photo Ionization Detector 15.00 hour
R Meter(Pachometer) 15.00 hour
Sampling Tubes 10.00 each
Sand Cone Equipment and Material 5.00 hour
Schmidt Hammer 20.00 hour
Skidmore Wilhelm Bolt Tension Calib. 10.00 hour
Slope Inclinometer/Settlement Indicator/VW Readout 50.00 hour
Torque Wrench 12.00 hour
Transfer Pump 3.00 hour
Ultrasonic Equipment 25.00 hour
Vapor Emission Test Kit 25.00 kit
Vector Conversion 60.00 conversion
Vehicle,mileage,nuclear gauge,misc. equipment,wireless communication 20.00 hour
Vehicle,mileage,misc.equipment,wireless communication 11.00 hour
Water Sampling Pumps 20.00 hour
Bridge Toll actual actual
Mileage .78 mile
Parking actual actual
Trailer 15.00 hour
AutoCAD,Terramodel(Hardware&Software) 20.00 hour
Photocopies Black&White 025 each
Photocopies Color 11 x 17 1.50 each
Photocopies Color 8%i x 11 1.00 each
Plot-Black&White 3.00 square foot
Plot-Color 4.00 square foot
Postage actual actual
Scan-Black&White 1.50 each
Scan-Color 3.75 each
Telephone 0.50 minute
April 1,2014