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HomeMy WebLinkAboutItem 4.07 AgrmntDghrtySlopeRepr CITY CLERK File # D~!Q]lQJ-[j][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 13,1996 SUBJECT: Agreement with William Cotton and Associates for Geotechnical Services - Dougherty Hills Slope Repair Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) 2) Resolution Agreement RECOMMENDATION: ~doPt Resolution approving agreement FINANCIAL STATEMENT: This agreement provides for costs on a time and materials basis, not to exceed $9,000. The cost ofthe work would be paid from the City's operating budget for legal expenses. DESCRIPTION: William Cotton and Associates has been contacted by the City Attorney's office to provide a review of previous geotechnical conditions associated with tract construction and also a review of the services provided by Berlogar Geotechnical in connection with the Dougherty Hills Slope Repair. While the cost of future services is not included in this cost estimate, Cotton and Associates may ultimately provide expert witness service if and when the City's litigation with the developer of the Dougherty Hills area goes to court. The City Council has previously directed Staff to proceed with the recovery of City expenses from the developers. This review will be done prior to the repairs being made to the affected slopes in order to document the existing slope conditions. Staffrecomrnends that the City Council adopt the resolution approving the agreement. ------------------------------------------------------------------- COPIES TO: William Cotton and Associates ITEM NO. 4.! g:lmiscprojlxtidgelagstcotn RESOLUTION NO. - 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH WILLIAM COTTON AND ASSOCIATES FOR GEOTECHNICAL SERVICES WHEREAS, a geotechnical consulting service is required for review of conditions in the Dougherty Hills Open Space Park; and WHEREAS, William Cotton and Associates has submitted a proposal and qualifications to provide services as needed; and NOW, THEREFORE, BE IT RESOLVED that the City Council approves the agreement with William Cotton and Associates attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 13th day of August, 1996. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\miscproj\xridge\resocotn ....v' "'o-.,l C.~e.~H~Qi t ._ EXHIBIT "A" OF RESOLUTION STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of August 13, 1996, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and WILLIAM COTTON AND ASSOCIATES ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3 . FACILITIES AND EOUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion "bf 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. RESPONSffiLE 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 of the project team without prior written approval by the City. The Project Manager for Consultant shall be PHILIP TSE. 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 Page 1 of2 08/06/96 ;::):w'sr-r _~ _5; d f'", 'k r. r- Attest: 10. NOTICES. Atly written notice to Consultant lhall be sent to: WILLIAM COTTON AND ASSOCIATES 330 Village Lane Lei Gatol, CA 95030 Any written notico to City ahall be unt to: Lee s. Thomplon Director ofPUbliQ Works/City Bnslnoer P. O. Box 2340 Dublin. CA 94568 Executed as oftho clay first above Jtated: CITY OF DUBLIN, A Municipal Corpont1on By 'City" City Cl~ .j, N'\~ Approved as to form: Agreement Page 2 of2 07130/96 City Morney EXHIBIT A SCOPE OF SERVICES AND SCHEDULE PER JOB NO. P3366 DATED JULY 23, 1996 FROM WILLIAM COTTON AND ASSOCIATES (ATTACHED). s Exhibit A Page 1 ofl EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant an amount not to exceed the total sum of Nine Thousand Dollars ($9,000) for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of project based on the cost for services performed in accordance with the July 23, 1996 cost estimate of Nine Thousand Dollars. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant 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 ofl 07/30/96 / :::> EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C Page 1 ofl 07/30/96 !~ -- 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 REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scooe 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 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code ofthe State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (2) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (1) Exhibit D Page 1 of4 07/30/96 o (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. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment oflosses and related investigations, claim administration and defense expenses. 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. ( 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. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. (3) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (4) All Coverages. Exhibit D Page 2 of4 07/30/96 7 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled 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. 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. CONSULTANT NO AGENT. Except as City may specifY in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 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 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 willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction Exhibit D Page 3 of 4 07/30/96 ;:J contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 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. 11. 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. Exhibit D Page 4 of4 07/30/96 10 w' William Cotton and Associates GEOTECHNICAL CONSULTANTS 330 Village Lane Los Gatos. California 95030 (408) 354-5542 :;-.L... _~JS';~.:\-IS;z....-. Mr. Clifford F. Campbell Mevers, Nave, Riback, Silver & Wilson Gateway Plaza 777 Davis Street, Suite 300 San Leandro, California 94577 ~\ ',' ''..'. ~ ~ \) ...."". -....(' \' l""\ ~.' .... \ :--... _'l"~_". a ;-7.. . ''j'j\; .-\ - ).;: 'Z~' 'N fJ t-J\ ~ RS !.J::..! , July 23, 1996 P3366 SlTBJECT: Proposal for Engineering Geologic Investigation RE: Landslide Evaluation, Dougherty Park Hills Dublin, California Dear Mr. Campbell: Thank you for the opportunity to offer our professional services to the City of Dublin. It is our understanding that the City is interested in evaluating and mitigating hillslope instability problems in the vicinity of Crossridge Road, Topaz Circle and Jade Circle. At this time, we propose to perform an engineering geologic investigation of the affected properties to: (1) make a general determination of the hillslope conditions, (2) gain an understanding of previous consultant's work and findings, and (3) evaluate the proposed landslide mitigation activities with respect to our understanding of site conditions. 111is proposal covers technical review of existing documents, aerial photograph interpretation, engineering geologic mapping of surface features, and analysis of available data. The Scope of Work is divided into two phases, as requested in your letter dated July 16,1996. At this time, we are proposing the following Scope of Work, Fee, and Schedule to complete this focused investigation. Scope of Work Estimated Cost 1. Engineering Geologic Investigation A. Review and ComDilation of Available Data Review of tract and grading maps, geologic and geotechnical reports and maps, and publicly available geologic maps, and compilation of pertinent data from these sources onto current base maps. $1,000 B. Photogeologlc Mapping Analysis of pre- and post--construction aerial photographs and preparation of a photogeologic map depicting natural and modified site conditions. $1,000 C. Engineering Geologic Mappirig Engineering geologic mapping of affected properties by field-checking compiled data and by measuring and plotting geologic features onto the current base maps. Final map will depict active and inactive landslide areas, as well as other pertinent geologic conditions. $4,000 ENGINEERING GEOLOGY . ENVIRONMENTAL EARTH SCIENCES · FOUNDATION ENGINEERING II Mr. Cliiford F. Campbell Page 2 July 23, 1996 P3366 2. Geotechnical Evaluation of Proposed Mitigation A. Engineering Geologic Evaluation (Review of Proposed Mitigation Measures Field and office data will be analyzed to develop an understanding of the landslide conditions. Engineering geologic cross sections will be prepared to depict our findings and to compare with proposed mitigation measures. 52,000 B. Meeting and Consultation Preparation and attendance at one meeting with you, City staff and/or representatives of Berlogar to discuss the results of our investigation and evaluation. 51,000 Please understand that the above Scope of Work is designed to provide a quick understanding of landslide conditions and evaluation of proposed repair schemes that the City will want to implement in the very near future. We have not included the time and cost to prepare a summary report of our activities and findings, or to perform a complete geotechnical engineering evaluation of proposed mitigation measures. Based on our experiences with other landslide litigation cases, we anticipate that additional investigative tasks will likely be needed to further characterize landslides, evaluate contributing factors to instability and document the history of tract development. It is too early to know if subsurface exploration would be needed to characterize the landslides affecting the subject properties. However, it might be possible to document the depths and extents of individual landslides by observing and mapping exposures created during Berlogar's upcoming grading activities. Attached to this proposal is a copy of our current fee schedule. Schedule We are prepared to begin our investigation immediately following authorization to proceed. We understand that you desire.a rapid turnaround and we will strive to complete our work as soon as possible. We anticipate that we will be in positiOll to discuss our evaluation of landslide conditions and proposed mitigation measures within 2 weeks of receiving base maps and aerial photographs. It is our understanding that you or the City of Dublin will obtain pertinent maps and photographs from Berlogar for our use. Fee We estimate that our fee will be approximately 59,000. We propose to bill you for our services on a time-and-expenses basis in accordance with the attached Schedule of Charges. We will invoice you after we have completed our investigation for a total not-to-exceed amount of S9,000 without prior authorization. Agreement If you agree with the Scope of Work, Schedule and Fee outlined above, as well as the attached Schedule of Charges, Limitations and Terms, please sign and return one copy of this proposal to our office. Receipt of the signed proposal will serve as our authorization to proceed. William Corron and Associares )(- Mr. Clifford F. Campbell Page 3 July 23, 1996 P3366 We look forward to providing you with the professional services discussed above. If you have any questions, or need additional information, please contact us. Very truly yours, WILLIAM COTTON AND ASSOQATES, INC. ~~ Patrick O. Shires Vice President Reviewed By: ()/11;~ 'to ~ Ie.- WilliamF. Cole Managing Geologist Approved and Authorized By Date Attachment William CottOn and Associates jl"? WILLIAM COTION AND A5S0CIA TES INC. SCHF:DUl F OF C"HARC:F5 January 1 SKJ6 Personnel ("ha~~~ Prinopal Geologist/Engineer ......... ................_... Managing Geologis~/Engineer .__......_._............. .... Supervising Geologist/Engineer .. _.____... ... ......... .... Senior Geologist/Engineer __.. _. ...... ..... ........_ ........ Senior Staff Geologist/Engineer _. _........ _.... ........... Stat! Geologist/Engineer..... _... _. ___. _...... ...... _...... Field/Laboratory'Technician . __ _...... _. _. ._....... u...... Technical Illustrating ....................................... Word. Processing ..__..... __... __ _ ._.......... ................ Oericalf Accounting ... ..__.... ..... ...... .................. Special Consultinb ........................................___. EquiDment and Suoolv Chatyes Computer .-\ssisted Plotting ................................ Multichannel Seismograph System .._..............___.... Inclinometer System ...._._._. _......__._....._.......__.... SUT\'eying Equipment " __.. _. _..... ... _.... ................. Nudear Moisture/~nsjty Gauge .___......__._........... Vehide .. .._..... __ _ __ ___ ....... __....... __ __........ 4-Whee1 Drive Vehicle ...___........___...............______ Photocopying. _______. ... __..._.. _ _. ......... ...... .......... Engineering Copier __ ........... _._ ........._ ._....... ... .... wmit..tions and Terms S175/hr 5140/hr S 120/hT S 100/hr 5 90/hr S 80/hr S 65/hr 5 SO/hT S 45/hT S 40/hT By Arrangement S 10/sq.lt. S 250/day S lOO/day SlOO/day $lOO/day S .35/mi S .5O/mi S .15/copy S .4()/t!2 Laboratorv Testinr C"har::ves Laboratory testing will be charged on a time-and-mo1terials basis in accordance with the Personnel, Equipment, and Expense charges listed herein. Laboratory samples will be stored for 60 days after the date of final report submittal unless special arrangements are made for longer storage. Geonhvs:ical Servi("e Charyes Geophysical seT\'ices will be charged on a time-and-materials basis in accordance with the Personnel. Equipment and Expense charges listed herein, EXDert Witness Consultation Expert witness testimony for court appearances will be charged on a daily basis (minimum one day increments) at a rate of 52,200 per day. Deposition testimony will be charged at a rate of 5275 per hour (minimum one hour charge). Preparatior. time for depositions or court appearances will be charged on a time-and-expense basis in accordance with the Personnel, Equipment, and Expense charges listed herein. Arbitration testimony will be charged at the rate of 5175 per hour. Expense Chargee; (Cost Plus 15%) Travel expenses induding air fare, lodging, vehicle rental. etc_ (a flat subsistence charge of S35 per diem for overnight stay wiU be charged in addition to the lodging cost) ExLavation subcontractors and expendable field supplies Reproduction of drawings Film, film development, and photograph printing Special fees, permits, insurance, etc. Long distance telephone costs Special equipment rental Special mail service (air, electronic, courier, etc.) Special consultant fees Public Liability - WILLIAM COrrON AND A5SOCIA TES, LNC is a California Corporation protected by Worker's Compensation Insurance (and/or Employer's Liability Insurance), and by Public Liability Insurance for bodily injury_ and property damage, and will furTush certifiLates thereof upon request We assume the risk of damage to our own supplies and equipment If y!'ur contract or purchase order places greater responsibilities upon us or requires further insurance coverage, we, if specifically directed by you, will procure additional insurance (if procurable) to protect us at your expense, but we shaIl not be responsibJe lor property damage from any cause, including fire and explosion, beyond the amounts of coverage of our insurance. Pmfpc;<;;onal I iahili~ - In performing our professional services, we wiIl use that degree of care and skill ordinarily exercised Wlder similar circumstances by members of our profession. No warranty, express or implied, is made or intended by our proposal for consulting services, by our furnishing oral or written reports, or by OUT inspection or work. Iii '~'U, sABtlla c ee an') a{ 8~ 1'4l),I.:.~i6NlI (:.n'F-Is) Ce!i h fet1f1d la hi,," L b'L, "':"010(:.r.! :... the pcriefHlat1 ee sf prefessieRal se.l"\'iees er t8 ha. e ma.!ie aR!i In(:.au-.ee an., l!:J(J'Fe5S SF iR'lJ'lliea . '-aFRfltj, j'81:f ag;ru:. that the miluifRlHR agg'ftoa.te amsl:I:I t sf ?stlr FeEeo'eF) ;lgaiAst YS ;lRa/ln nia FTBiesf;i9FHll emplB:'eEHi shall he Jimiteg tl;' r~g,QOO 9r tAt' :wJl9Wlt ef tre fee paid w: fBr pFBSiBR.1J beF"'i~ :u: 'BmFwteQ \Uuier tae SC-HiInV ~ OF Gi.'\RCBS, hiEhe: er 8J'f\8tmt is gl'tater. t.leota. ee, .:8~ 8.&.(,: t5 i~,aemniry tt5 agaHL51 sarflaee5 1ft em:es.s Bf f:3"O,ogg aT the afABWlt sf etlr fe.e., hiehe .cr ilft'l6ttf.t i5 f,oCMer,IUa4.l, 1\6." .:."":t:3 er8tlE,nt .r.l)e:.:'~t k15~) ~";ra part:e.J, :., L6Jlif1oUbol"l 'lith 8tH 81'1' peR8RRea 8f1 !8~ J'TajeeL In the event the client makes a claim or brings an action against us for any act arising out of our professional services, and the client fails to prove such a claim or action, the client shall pay all legal and other costs incurred by us in defense of such a claim or actl0I"~ t:jeld 1=xploration - Unless otherwise agreed, the client will furnish right-of--entry on land for planned field operations. The client will also provide us with locations and depths of buried utilities and structures. We will take responsible precautions to minimize damage to land from use of equipment, but our fee does not include cost of restoration oE damage resulting from our exploration operations. We will not be liable for damage or injury arising from damage to subterranean structures (pipes, tanks, telephone Lables, etc.) which are not caUed to Ollr attention and correctly shown on plans iurnished to US. PaYment - Invoices for our services will be submitted, at OUT option, on a monthly basis or when the work is completed. Invoices will be due immediately, but will not be delinquent if paid on or before the thirtieth day following the date of the invoice. If payment is not so made, interest will be due on the amount of the invoices at the rate of 1.5 percent for each month of delinquency. If suit is filed, a reasonable attorney's fee, to be set by the court, shaU be included in any judgment in our favor. )~ William Corron and Associates