HomeMy WebLinkAboutItem 4.06 HansenRnchGeotechStdy (2)
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 24, 1995
SUBJECT:
Contract with Kleinfelder, Inc., to Provide Peer Review of the
Geotechnical Study Prepared for the Hansen Ranch Development
Report by: Lee S. Thompson, Public Works Director
EXHIBITS A TT ACHED:
,/ I) Resolution
I 2) Standard Consultants Agreement and Proposal
RECOMMENDATION: IJ A.I'Y I) Adopt Resolution
V.' 2) Authorize City Manager to execute Agreement
FINANCIAL STATEMENT:
The cost of the peer review, per the Scope of Work in the attached
agreement, is not to exceed $7,720. This fee will be recovered from
the developers of the Hansen Ranch project through plan review fees
(a deposit has already been received).
DESCRIPTION: A soils and geotechnical study has been prepared by Berlogar
Geotechnical Consultants for the Hansen Ranch development on behalf of the developer of the project.
The initial Conditions of Approval for the project require that an outside soils consultant be retained to
perform a "peer" review of the developer's soils engineer's report and the available soils data.
The firm of Kleinfelder, Inc., was requested to provide a proposal for performing this work. Staff has
reviewed the proposal, prepared the attached agreement, and recommends approval of the agreement with
Kleinfelder, Inc.
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ITEM NO.:~ COPIES TO: Kleinfelder, Inc. '
CITY CLERK
FILE~,
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RESOLUTION NO.
-95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH KLEINFELDER, INC.
TO PERFORM PEER REVIEW OF THE GEOTECHNICAL STUDY
FOR THE HANSEN RANCH DEVELOPMENT
WHEREAS, a soils and geotechnical study was prepared by
Berlogar Geotechnical Consultants for the Hansen Ranch development on
behalf of the developer; and
WHEREAS, the initial Conditions of Approval for the
project require that an outside soils consultant be retained to
perform a "peer" review of the developer's soils engineer's report
and the available soils data; and
WHEREAS, the firm of Kleinfelder, Inc., was requested to
provide a proposal for performing this work and did provide said
proposal;
WHEREAS, Staff has determined that Kleinfelder, Inc., has
demonstrated adequate ability to perform the work,
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Dublin does approve the agreement with Kleinfelder, Inc.,
to perform a peer review of the Geotechnical Study for the Hansen
Ranch Development.
BE IT FURTHER RESOLVED that the City Manager is authorized
to execute the agreement.
PASSED, APPROVED AND ADOPTED this 24th day of April, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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STANDARD
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublin, California, as of , 1995, by
and between the CITY OF DUBLIN, a municipal corporation ("City"), and Kleinfelder, Inc.
("Consultant"), who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to City the services described in Exhibit A. Consultant shall provide
said services at the time, place, and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth in Exhibit B. The payments specified in
Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to
this Agreement. Consultant shall submit all billings for said services to City in the manner
specified in Exhibit B; or, ifno manner be specified in Exhibit B, then according to the usual and
customary procedures and practices which Consultant uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C,
Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be
required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only
the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in
Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit Dare
part of this Agreement. In the event of any inconsistency between said general provisions and
any other terms or conditions of this Agreement, the other term or condition shall control insofar
as it is inconsistent with the general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this
reference incorporated herein.
6. SUBCONTRACTING. The Consultant shall perform the work contemplated
with resources available within its own organization and no portion of the work pertinent to this
contract shall be subcontracted without written authorization by the City, except that which is
expressly identified in the Consultant's proposal.
7. CHANGES. City may from time to time require changes in the scope of
the services by Consultant to be performed under this Agreement. Such changes, including any
change in the amount of Consultant's compensation which are mutually agreed upon by City and
Consultant, shall be effective as amendments to this Agreement only when in writing.
8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s)
to the project for the duration of the project. There shall be no change in the Project Manager or
members ofthe project team without prior written approval by the City. The Project Manager
for Consultant shall be Michael Majchrzak.
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, 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by
LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the
Administrator or his or designee.
Agreement
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Attest:
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10. NOTICES. Any written notice to Consultant shall be sent to:
Michael Majchrzak
Kleinfelder, Inc.
7133 Koll Center Parkway Suite 100
Pleasanton CA 94566
Any written notice to City shall be sent to:
Lee S. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA 94568
Executed as of the day first above stated:
CITY OF DUBLIN,
a municipal corporation
By
"City"
City Clerk
By
"Consultant"
Approved as to form:
Agreement
Page 2 of2
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City Attorney
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
Geotechnical peer review as described in the attached proposallO-YP5-109 dated
March 20, 1995.
Exhibit A
Page 1 of 1
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EXHIBIT B
PAYMENT SCHEDULE
City shall pay Consultant on a time and expense basis an amount not to exceed the
total sum of Seven Thousand Seven Hundred and Twenty Dollars ($7,720) for services to be
performed pursuant to this Agreement. Consultant shall submit invoices at the end of project
based on the cost for services performed in accordance with the cost estimate breakdown
delineated on the attached March 20, 1995 proposal. Payments shall be made within 30 days of
the invoice date.
The total sum stated above shall be the total which City shall pay for the services
to be rendered by Consultant pursuant to this Agreement.
City shall make no payment for any extra, further or additional service pursuant to
this Agreement unless such extra service and the price therefor is agreed to in writing executed
by the City Manager or other designated official of City authorized to obligate City thereto prior
to the time such extra service is rendered and in no event shall such change order exceed twenty-
five percent (25%) of the initial contract price.
The services to be provided under this Agreement may be terminated without
cause at any point in time in the sole and exclusive discretion of City. If the Agreement is
terminated by City, Consultant shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other materials to the effective date of
such termination. In that event, all finished and unfinished documents and other materials shall,
at the option of the City, become City's sole and exclusive property. Consultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement.
Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date.
The Consultant is not authorized to perform any services or incur any costs
whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Dublin.
Exhibit B
Page 1 of I
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EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Contractor's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and
time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall
City be obligated to furnish any facility which may involve incurring any direct expense,
including, but not limiting the generality of this exclusion, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit C
Page I of 1
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EXHIBIT D
GENERAL PROVISIONS
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 City. City shall have the right
to control Consultant only insofar as the results of Consultant's engineering services rendered
pursuant to this Agreement; however, City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has all
licenses, permits, qualifications and approvals of whatsoever nature which are legally required
for Consultant to practice his profession. Consultant represents and warrants to City that
Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals which are legally required for Consultant to
practice his profession.
3. TIME. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's
obligations pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be included in the
Consultant's proposal.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) 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; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code I "any auto" and endorsement CA 0025.
(3) Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
B. Minimum Limits ofInsurance. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage.
(2) Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
Exhibit D
Page 1 of 4
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(3) Workers Compensation and Employers Liability: Workers Compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1 ,000,000 per accident.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
following provisions:
(1) General Liability and Automobile Liability Coverages.
(a) The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or
on behalf of the Consultant; products and completed operations of the
Consultant, premises owned, occupied or used by the Consultant, or
automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of the protection
afforded to the City, its officers, officials, employees or volunteers.
(b) The Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it to the extent claims result from the act or failure to act of
Consultant.
(c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
(d) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(2) Worker's Compensation and Employers Liability Coverage.
(3) Professional Liability.
Consultant shall carry professional liability insurance in the amount of $500,000
each claim and $1,000,000 aggregate against liability caused by negligent acts,
errors or omissions on the part of the Consultant in the course of performance of
the services specified in this Agreement.
(4) All Coverages.
Each insurance policy required by this clause shaH be endorsed to 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 City.
Exhibit D
Page 2 of 4
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E. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VIII.
F. Verification of Coverage. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.
H. The Risk Manager of City may approve a variation of those insurance requirements upon
a determination that the coverages. scope, limits and forms of such insurance are either
not commercially available or that the City's interests are otherwise fully protected.
5. CONSUL TANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City
to any obligation whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation
pursuant to this Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant shall, immediately upon
receiving notice from City of such desire of City, cause the removal of such person or persons.
8. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in which
Consultant practices his profession. All instruments of service of whatsoever nature which
Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first
class and workmanlike manner and conform to the standards of quality normally observed by a
person practicing in Consultant's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to
him, to any subconsultant, to the City, to City officers and employees, or to parties designated by
the City, on account of the negligent performance or character of the work, unforeseen
difficulties, accidents, occurrences or other causes predicated on active or passive negligence of
the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the
City, its officers, officials, directors, employees and agents from and against any or all loss,
liability, expense, claim, costs (including costs of defense), suits, and damages of every kind,
nature and description to the extent directly or indirectly arising from the negligent performance
of the work. This paragraph shall not be construed to exempt the City, its employees and officers
from its own fraud, willful injury or violation oflaw whether wiltful or negligent. For purposes
of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is
not a construction contract. By execution of this Agreement Consultant acknowledges and
Exhibit D
Page 3 of4
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agrees that he has read and understands the provisions hereof and that this paragraph is a material
element of consideration.
Approval of the insurance contracts does not relieve the Consultant or sub consultants from
liability under this paragraph.
10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable
rules and regulations to which City is bound by the terms of such fiscal assistance program.
II. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys,
photographs, memoranda or other written documents or materials prepared by Consultant
pursuant to this Agreement shall become the property of City upon completion of the work to
be performed hereunder or upon termination of the Agreement. No such materials or properties
produced in whole or in part under this Agreement shall be subject to private use, copyrights, or
patent rights by Consultant in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority to publish, disclose (as may be
limited by the provisions of the California Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement. City shall indemnify, defend and hold
harmless the Consultant, its officers, officials, directors, employees and agents from and against
any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages
of every kind, nature and description directly, or indirectly, arising out of the use of such
documents other than for which they were prepared without the written consent of Consultant.
It is recognized and agreed that if the City provides copies of the documents prepared under this
Agreement pursuant to the California Public Records Act, that this use is to be considered a use
for which the documents were prepared.
Exhibit D
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III KlEINFElDER
March 20, 1995
File: 10-YP5-109
Mr. Mehran Sepehri
City of Dublin
P.O. Box 2340
Dublin, California 94568
SUBJECT: Proposal for Geotechnical Peer Review of the Hansen Hill Ranch Residential
Project in Dublin, California
Dear Mr. Sepehri:
At your request, we are submitting this proposal to perform a geotechnical peer review of the
Hansen Hill Ranch Residential project in Dublin. This proposal is based on discussions with you,
a cursory look at the geotechnical investigation report by Berloger Geotechnical Consultants
dated January 14, 1992, and our experience with both projects in this area and with peer review
projects.
The project site is located at Silvergate Drive and Dublin Boulevard in the western portion of
Dublin. This area is within the hilly area of the city. The project will consist of construction of
approximately 180 single family homes on approximately 147 acres. Based on the cursory look at
the geotechnical report, development of the site will require cuts up to 120 feet in height, and fills
up to 55 feet. The geotechnical report indicates that 19 borings, 158 test pits, and 1,022 lineal
feet of trenching was performed at the site. A geologic map of the site indicates the presence of
60 landslides, and a fault.
The purpose of the geotechnical peer review will be to provide an assessment of whether the
geotechnical investigation report has adequately addressed the geologic and geotechnical
conditions at the site. This assessment will be made by visiting the site, reviewing the
geotechnical investigation report, review of available geologic maps and aerial photographs, and
at least one meeting with the geotechnical consultant and the City. A letter report summarizing
our findings will be provided at the end of our involvement. Our scope of work does not include
any design recommendations, nor does our services relieve the geotechnical engineer-of-record of
the responsibility to the project.
The cost of our services will be on a time and expense basis in accordance with the attached fee
schedule. An estimate of the anticipate scope of work and associated costs is as follows:
(1l1)10.Yl'~-109(MP9~106) 1
KLEINFELDER 7133 KolI Center Parkway, Suite 100. Pleasanton, CA 94566-3101 (510) 484-1700
C 199~. Kleinfeld<<. Inc.
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. Site Visit to Review Adequacy of Geologic Map
Certified Engineer Geologist: 8 hrs at $1201hr
Senior Geotechnical Engineer: 2 hrs at $125/hr $1,210
. Review of Aerial Photographs
Cert. Eng. Geologist: 4 hrs at $120/hr.
Expenses: $200 $ 680
. Review of Geotechnical Report
Cert. Eng. Geologist: 8 hrs at $120/hr.
Senior Geotechnical Eng.: 4 hrs at $125/hr $1,460
. Assessment of Design Recommendations
Includes Performing Separate Slope Stability Analysis
Cert. Eng. Geologist: 4 hrs at $120/hr
Senior Geotechnical Eng.: 2 hrs at $125/hr.
Staff Engineer: 16 hrs at $90/hr. $2,170
. Meeting with City and Design Team
Cert. Eng. Geologist: 4 hrs at $1201hr.
Senior Geotechnical Eng.: 4 hrs at $125/hr. $ 980
. Final Letter
Cert Eng. Geologist: 6 hrs at $120/hr.
Senior Geotechnical Eng.: 4 hrs at $125/hr.
Administration: 4 hrs at $501hr. $1.220
ESTIMATED TOTAL COST $7,720
The above cost estimate may need to be revised during the review process if additional analysis,
additional correspondence or additional meeting time is required. The above estimate applies to
work performed within the next 60 days. After that time, the proposal will be reviewed for
applicability. The proposed investigation specifically excludes the assessment of envirorunental
characteristics particularly those involving hazardous substances.
We normally request a retainer fee. However we waive the retainer with the understanding the
invoices will be paid within 30 days.
Weare prepared to begin immediately after receipt of our executed agreement, as discussed in the
"Authorization" section of this proposal. We anticipated that approximately two weeks will be
needed to perform our assessment.
(1ll)lO-YPS-I09(MP9S106) 2
KLEINFELDER 7133 Koll Center Parkway, Suite 100, Pleasanlon, CA 94566 (510) 484-1700
C 1995, Kleinfelder, Inc.
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Enclosed with this proposal is our standard fonn of agreement and our standard fee schedule. If
this proposal meets with your approval, please sign and return both copies of this contract
agreement to our attention. Upon receipt, we will execute the agreement and return one copy to
your attention.
This proposal was developed after discussions with you, and is a preliminary understanding of
City of Dublin's desires. Ifa portion of this proposal does not meet the project's needs, or if those
needs have changed, Kleinfelder will consider appropriate modifications, subject to the standards
of care to which we adhere as professionals. Modifications such as changes in scope,
methodology, scheduling, and contract tenns and conditions may result in changes to the risks
assumed by City of Dublin. These changes may require adjustments to our fees.
Arrangements for right-of-entry will be the responsibility of the client.
We appreciate the opportunity to present this proposal for the proposed project and look forward
to working with you. If you have any questions or require additional information, please contact
us.
Sincerely,
KLEINFELDER, INC.
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Michael Majchrzak, C.E., G.E.
Senior Geotechnical Engineer
Enclosures: Contract
1994 Fee Schedule
Insurance Certificate
Copyright 1995 Kleinfelder, IDe.
AIl Rights Reserved
Unauthorized use or copying of this document is strictly prohibited.
(lll)lo-YP5-109(MP95106) 3
KLEINFELDER 7133 KolI Center Parkway, Suite 100, Pleasanton, CA 94566 (510) 484-1700
C 1995, Kleinfeld<<. Inc.
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III KLEINFELDER
KLEIN FELDER
Engineering Services Agreement
File No.: 10-YP5-109
Contract No.: 1472
PARTIES
This Agreement, entered into at Pleasanton, California, is made this 20th day of March, 1995 between:
CITY OF DUBLIN
P.O. Box 2340
Dublin, California 94568
and
KLEINFELDER, INC.
7133 KolI Center Parkway
Suite 100
Pleasanton, CA 94566
hereinafter called "Client"
hereinafter called "Consultant"
PROJECT
Client engages Consultant to provide services in connection with (include name and address of property
owner if other than client):
The review of the Hansen Hill Ranch Residential Development at Silvergate Drive and Dublin Boulevard
in Dublin.
SCOPE OF SERVICES
Consultant agrees to perform services as follows:
Geotechnical peer review as described in Proposal 1 O-VP5-1 09 dated March 20,1995.
Client agrees that all services not expressly included are excluded from Consultant's Scope of Services.
COMPENSATION
Client agrees to compensate Consultant for such services as follows:
On a time and expense basis for an estimated fee of $7,720 as outlined in the attached proposal
10- YP5-1 09 dated March 20, 1995, which is based on Kleinfelder's 1994 Fee Schedule. Any
additional work to be provided beyond that defined above shall be defined and costs estimated
through a contract change order.
Client and Consultant acknowledge that each has read and agrees to the General Conditions
printed on the reverse side of this document which are incorporated herein and made a part of
this Agreement and apply to all services performed by Consultant.
Client: CITY OF DUBLIN
Consultant: KLEIN FELDER, INC.
By:
By:
Title:
Title:
Terence K. Wang
Reaional Manaaer/Princioal
Date:
Date:
M-1OJ61 (Rev 10194)
(111)10-YP5-109(MP95106)
Copyright 19&4, KleInfeIder, Ine.
Page 1 of2
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GENERAL CONDITIONS
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1. Consultant shall invoice Client periodically far the services performed under this Agreement. Client shaD pay such moices upon receipt. Invoices
not paid within thirty (30) days of the invoice date shall be subject to a late payment charge of 1-1/2 percent per month. The invoice amounts shall be presumed
to be correct unless Client notifies Consultant in writing within fourteen (14) days of receipt.
2 If Client fails to pay an invoice when due, Consultant rray suspend aD services until such invoice is paid In tuB. If payment in full is not made within
sixty (60) days of the invoice date, Consultant may treat such nonpayment as a material breach of this Agreement by the Client and may terminate this
Agreement.
3. Consultant shall perfonn its services In a manner consistent with the standard of care and skill ordinarily exerQsed by members of the profession
practicing under similar conditions in the geographic vicinity and at the time the services are performed. No wananty. representation or guarantee, express or
implied, is made or intended by this Agreement.
4. Consultant shall sign certifications only if Consu/blnt appnlYeS the form of such certltIcatlon prior to the c:ornmeIlC*1'I8Id of services, and provided
such certification Is limited to a statement of professional opinion and does not constitute a warranty or guarantee. express or impled.
5. Services provided under this Agreement, including aD reports, information or recommendations prepared or Issued by Consultant, are for the
excluslve use of the Client for the Project specified. No other use Is authorized under this Agreement. Client wm not dIslribute or COf'Nf!!'/ Consultanfs reports or
recommendations to any other person or organization other than those identified in the Project desafption without ConsuIIant's written authorization. Client
releases Consultant from liability and agrees to defend, Indemnify and hold harmless Consultant from any and aD claims. IabtTrties, damages or expenses
arising, In whole or In part. from such unauthorized distribution.
6. Consultanfs reports, boring logs, maps, field data, dnrNings, test results and other similar documents are Instruments of professional service, not
products. Consultant reserves the right to copyright such docUments; howewr, such copyright Is not h1tended to Omit the Client's use of the services provided
under this Agreement other than as described In paragraph 5.
7. Client will make available to Consultant all information regarding existing condlllons, Including the existence of hazardous or dangerous materials, and
proposed uses of the Project site. Client will transmit immediately to Consultant any new information that becomes available or any change In plans. Client
releases Consultant from liability for any Incorrec:t advice, judgment or decision based on any inaccurate information furnished by Client or others. Client agrees
to defend, Indemnify and hold hannless Consultant from any and all claims, rl8btlities, demands or expenses arising, in whole or in part, from such infonnation.
B. Client shall secure the permission necessary to allow Consultanrs personnel and equipment ac::c::ess to the project site at no cost to Consultant.
9. Client shall be responsible for c::orrectly designating the Ioc::ation of aD property lines of the Pro;ect site and aD subsurface installations, such as pipes,
tanks, cables, electrical lines, telephone lines and utilities within the Project site, unless alherwIse agreed in writing.
10. Consultant is not responsible for the completion or quality of work that is dependent upon or perfonned by the Client or third parties not under the
direct control of Consultant. nor is Consultant responsible for their acts or omissions or for any damages resulting therefrom.
11. Neither Client nor any other person may change or modify Consultant's work pnxiuct without Consullant's written authorization. Client releases
Consultant from liability and agrees to defend, indemnify and hold harmless Consultant from any and all c::Iaims. labilities, damages or expenses arising, in
whole or In part, from such unauthorl2:ed changes or modIftcations. .
12. Client waives any claim against consultant and agrees to defend, Indemnify and hold harmless Consultant from any and all claims, liabilities,
damages or expenses, including but not Umited to delay of the project. reduction of property value, fear of or actual UJlOSlW8 to or release of toxic or hazardous
substances, and any consequential damages of whatever nature. which may arise directly or Indirectly as a resutt of the servlc::es provided by Consultant under
this Agreerm:rn, unless sUC!' i~jury or loss Is ca~ by the sole nt;'Jligence ?'" Willful miseondU?l ~~ ~
dollars ($50,000) or the amount of C
services on this project. whether provided under this or
14. All disputes between Consultant and Client shall be subject to non-bindlng med'1atlon. Either party may demand mediation by serving a written notice
stating the essential nature of the dispute and the amount of time or money c::Iaimed, and requiring that the mediation proceeds within sixty (60) days of service
of notice. The mediation shall be administered by the American ArbitratIon Association or by such other person or organization as the parties may agree upon.
No action or suit may commence unless the mediation doeS not oc::c::ur within ninety (90) days after service of notk::e, the mediation occurred but did not resolve
the dispute, or a statue of limitation would elapse if suit was net filed prior to sixty (60) days after service of nutic::e.
15. Consultant is protected by Worlcers' Compensation Insurance, Employers' LJability Insurance, General Uabilily Insurance and Automobile Uability
Insurance for bodily Injury and property damage and will furnish evidenc::e thereof upon request. Consullant asaumes the risk of damage to its own supplies and
equipment.
16. Client shall be responsible for jobsite safety, except for Consultant's employees, subeontractDrs or subeonsulIants.
17. AU samples shall remain the property of the Client, n Client shall be responaibIe for and promptly pay far the removaJ and lawful disposal of
samples. cuttings and hazardous materials, unless otherwise agreed in writing. If appropriate, Consultant shall preserve samples obtained for the project for
not longer than sixty (60) days after the issuance of any document that lnc::Iudes the data obtained from those samples.
18. Client solely shall be responsible for notifying II appropriate munlc::lpal, regional, state or federal agencies and prospective bUyers of the existence of
any hazardous or dangerous materials located on or in the project site. or disc:oYered during the perfoml8llCe of this AglMlTl8llt, as may be required by such
agencies.
19. In the event Consultanrs woe!< Is lnterTupted due to delays other than delays caused by Consultant. ConsuItari shaJI be compensated equitably
(based on Consultant's current Schedule of Charges) for !he additional labor or other charges assoc:IIted with maintaining 1ts'Mlf1t force for Client's benefit
during the delay, or at the option of the Client. for charges incurred by Consultant for demobilization and subseqUent remobIIIzation.
20. If, during the course of performance of this Agreement, eondlllons or c::irc::umstances are disc:CIYered which were I'lllt contemplated by Consultant at
the commencement of this Agreement, Consultant shall notify Client in writing of the newly discovered eondIIIons or c:IrcumstallC:es. and Client and Consultant
shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and COI'lditions cannot be agreed upon within thirty (30) days after
notice, Consultant may terminate this Agreement and be compensated w1der ~ 21 In this Agreement.
21. This Agreement may be terminated by either party upon ten (10) days written notice sent first cllIss mail, AIlurn r.::eipt requested. In the event of a
termination, Client shall pay for all reasonable charges for work performed and demobilization by Consultant through the tenth (10lh) day after mailing the notice
..../ of termination. 'lhe UMIk.~_JI af lillBitt, ~.4 L.&rll~,JtJ obiJoatiotlG .,ftl1b )",;.~A -A_II ~ bJ..dl,~ ,.dniltt4b..di,~ ."J ~,.IiI~, ""f HI;~ A':!J''iiI';!''''IOI''l.
Z2. Except for actions, such as for enforcement of mechanic's liens, which are required by statue to be broUght in a specific venue, in the event that
litigation is Instituted under the terms of this Agreement. the same Is to be brought and b1ed in the judicial jurisdk:tian of the ccut of the county in which this
Agreement Is signed. Client waives the right to haVe the suit brought, or bied In. or removed to, any other ~ or judic:IaI jurisdiction.
23. Neither Client nor Consultant shall assign its interest in this Agreement wIlhout the written c:onsent of the other.
/ 24. ThiS .Agntemerrt, i~udlng attachments lr1c:orpomed herein by melWlCe. represents the enllre agreement lInd understanding ~ the parties.
Any modifications to this A r
o
parties. One or more waivers of any term. condition or
""011' (Rw 10r'M)
Copyrtght 111M, KWnf.....1nc.
Page 2 of 2
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. 1994 FEE SCHEDULE FOR
ENVIRONMENTAL AND GEOTECHNlCAlJMATERlALS TE'STING SERVICES
PROFESSIONAL STAFF RATES.
Pro.felsiClllll III...... .......... ............ .............. ..... ...... ................ ........... ............... ............" ..... ........ ......
Sta.ff ProfessiOllal ............... ................ ..... ............... ...... .... ....... ......................... ........................
Project Profess:ioaaJ ............ .................................. ............... ...........................
Project MmaJ'er ............................................... .......... ................. ...................
Senior Professional ............. .................................................... _. "'... ..... ......... ....A. .................. ... .... .....
Senior Project MaDaJ'er ........ ........... ................................................ .................
Prineipal Professional ..................... ..... .... ..... ........................... ....... .................
Smior PriDeipaJ\Expert Witness ............ ............... ............................ ..................
Pro.rram ManaJ'er\Spccial CoDsultaDt........ ......... .......................................... .........
Senior Pro,ram ManaJ'er..... ....... ..... ........ ........................................ ..................
ADMINISTRA TIVF1TECHNlCAL STAFF RATES
Administrative\ Word Processor .............. ......... ............ ..... ............ ........ ..............
Technician................................................. ............................ .... ......... ..........
Associate Technician\Dnftsperson ............................. ............... ..... ......................
Senior Tcc:hnician ................................................ ....... ................ ...................
Supervisory T echn.ician ....................................................................................
Minimum Charles For Office Time Per Day...........................................................
.
S 75 I hour
S 90 I hour
S 100 I hour
S 110 I hour
S 120 I hour
S 125 I hour
S 135 I hour
S 200 I boor
S 150 I hour
S 175 I boor
S
S
S
S
S
SO I hour
4S I hour
SS I hour
6S I hour
7S I hour
One Hour at
Applicable Rate
Applies to all professional rates iDcludinJ' but DOt limited to civil, ~hlllnical, chemical, electrical,
potechnical and environmcotal eoginecrsj iDdustrial hyJieDists; poJoJistsj hydrogeoJogistsj hydroJopsts; and
computer specialists.
3
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