HomeMy WebLinkAboutAGENDA REPORT 2022 1116 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 16, 2022
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
H. Consider a Professional Services Agreement with Earth Systems Pacific to
Provide Professional Geotechnical Construction Testing and Observation Services
for the Construction of the Princeton Avenue Improvement Project. Staff
Recommendation: Approve Professional Services Agreement for Geotechnical
Construction Testing and Observation Services for the Princeton Avenue
Improvement Project (C0020) to Earth Systems Pacific and authorize the City
Manager to execute the Agreement in the amount of $77,000.00, subject to final
language approval of the City Manager. (Staff: Daniel Kim, City Engineer/Public
Works Director)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 11/16/2022 Regular Meeting
SUBJECT: Consider a Professional Services Agreement with Earth Systems
Pacific to Provide Professional Geotechnical Construction Testing
and Observation Services for the Construction of the Princeton
Avenue Improvement Project
DISCUSSION
On February 16, 2022, the City Council awarded a construction contract to Security
Paving Company, Inc. (Security Paving) for the Princeton Avenue Improvement Project.
The Notice to Proceed letter was issued on July 1, 2022, with an effective start date on
August 1, 2022. Construction of the improvements to Princeton Avenue has
commenced and staff is working closely with Security Paving, FCG Consultants Inc.
(Construction Management), and Stantec Consulting Services Inc. (Design) on the
successful completion of the project.
Earth Systems Pacific (Earth Systems) has been the project geotechnical engineer
since 2010 and is the Geotechnical Engineer of Record. Staff received a proposal from
Earth Systems for professional services to provide Geotechnical Construction Testing
and Observation Services during the construction phase of the project. At this juncture,
the focus of Earth System’s efforts will be to provide geotechnical engineering services
for the construction of the Cast-In-Drilled-Hole (CIDH) pile foundations for the proposed
retaining walls along the south side of Princeton Avenue. There are approximately 300-
plus drilled piles for the project with varying sub-surface geology with encountered
groundwater conditions.
The key task for Earth Systems will be to provide geotechnical reports of sub-surface
conditions and observations during the construction of the CIDH piles. This is an
essential function to address any changing sub-surface conditions encountered during
construction and to keep the project schedule moving forward. Earth System’s fee
proposal for Geotechnical Construction Testing and Observation Services is $77,000
Item: 10.H.
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Honorable City Council
11/16/2022 Regular Meeting
Page 2
and will be performed on a time and materials basis. A draft professional services
agreement is attached to the staff report. Staff is requesting City Council’s review of the
agreement and consideration for approval.
FISCAL IMPACT
There are no fiscal impacts. Budget for the professional services is included in this
year’s appropriations and will be funded by Account No. 2002-311-C0020-55300,
Princeton Avenue Capital Professional Services.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive for the Fiscal Years 2021-2023
Goals and Objectives. However, the City Council has made the Princeton Avenue
Improvement Project a priority for many years.
STAFF RECOMMENDATION
Approve Professional Services Agreement for Geotechnical Construction Testing and
Observation Services for the Princeton Avenue Improvement Project (C0020) to Earth
Systems Pacific and authorize the City Manager to execute the Agreement in the
amount of $77,000.00, subject to final language approval of the City Manager.
Attachment: Professional Services Agreement with Earth Systems Pacific
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF MOORPARK AND
EARTH SYSTEMS PACIFIC FOR
GEOTECHNICAL CONSTRUCTION TESTING AND OBSERVATION SERVICES
FOR THE PRINCETON AVENUE IMPROVEMENT PROJECT,
SPECIFICATION NO. MPK 21-03
THIS AGREEMENT, made and effective as of _____________________________________,
between the City of Moorpark, a municipal corporation (“City”) and Earth Systems Pacific,
a private corporation (“Consultant”). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for geotechnical construction testing and
observation services for the Princeton Avenue Improvement Project, Specification No.
MPK 21-03 services; and
WHEREAS, Consultant is the Geotechnical Engineer of Record for the Princeton
Avenue Improvement Project, Specification No. MPK 21-03
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated October 31, 2022,
which is attached hereto as Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1.TERM
The term of this Agreement shall be from the date of execution to July 8, 2025,
unless this Agreement is terminated or suspended pursuant to this Agreement.
2.SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a contractual
capacity to provide geotechnical construction testing and observation services, as set
forth in Exhibit C. In the event there is a conflict between the provisions of Exhibit C and
this Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C. Consultant
shall complete the tasks according to the schedule of performance which is also set forth
in Exhibit C.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the rates or total contract
value of Seventy-Seven Thousand dollars ($77,000.00) as stated in Exhibit C, without a
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written Amendment to the Agreement executed by both parties. Payment by City to
Consultant shall be in accordance with the provisions of this Agreement.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and professionally, experience,
standard of care, and talent, perform all tasks described herein. Consultant shall employ,
at a minimum, generally accepted standards and practices utilized by persons engaged
in providing similar services as are required of Consultant hereunder in meeting its
obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Anthony P. Mazzei, Senior Vice President/Managing
Principal, and no other individual may be substituted without the prior written approval of
the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual time
spent on the above tasks. This amount shall not exceed Seventy-Seven Thousand dollars
($77,000.00) for the total term of the Agreement unless additional payment is approved
as provided in this Agreement.
Consultant shall not be compensated for any services rendered in connection with
its performance of this Agreement, which are in addition to those set forth herein, unless
such additional services and compensation are authorized, in advance, in a written
amendment to this Agreement executed by both parties. The City Manager, if authorized
by City Council, may approve additional work not to exceed ten percent (10%) of the
amount of the Agreement.
Consultant shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all non-disputed fees. Any expense or
reimbursable cost appearing on any invoice shall be accompanied by a receipt or other
documentation subject to approval of the City Manager or the City Manager’s designee.
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If the City disputes any of Consultant’s fees or expenses, City shall give written notice to
Consultant within thirty (30) days of receipt of any disputed fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City. Upon
termination or suspension of the Agreement pursuant to this Section, the Consultant will
submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default and can terminate or suspend this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall
not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, he/she shall cause
to be served upon the Consultant a written notice of the default. The Consultant shall
have thirty (30) days after service upon it of said notice in which to cure the default by
rendering a satisfactory performance. In the event that the Consultant fails to cure its
default within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. LIQUIDATED DAMAGES
There are no liquidated damages under this Agreement.
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9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any such
audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Consultant. With respect to computer files, Consultant shall make available to the City,
at the Consultant’s office and upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling, transferring, and
printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including reasonable legal counsels’
fees and costs to the extent same are caused by any negligent or wrongful act, error or
omission of Consultant, its officers, agents, employees or subconsultants (or any agency
or individual that Consultant shall bear the legal liability thereof) in the performance of
professional services under this Agreement. Consultant’s defense obligation is limited to
reimbursement of reasonable defense costs caused by Consultant’s negligence not to
exceed its proportionate percentage of fault and as awarded by a court of competent
jurisdiction.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, , including reasonable legal counsels’ fees and costs, court costs,
interest, defense costs, and expert witness fees), , to the extent caused by the
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performance of this Agreement by Consultant or by any individual or agency for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or any
other person or entity contracted by Consultant in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the successors,
assigns, or heirs of Consultant and shall survive the termination of this Agreement or this
Section.
City does not and shall not waive any rights that it may have against Consultant by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement..
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated
herein by this reference as though set forth in full.
12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control. Neither
City nor any of its officers, employees, or agents shall have control over the conduct of
Consultant or any of Consultant’s officers, employees, or agents, except as set forth in
this Agreement. Consultant shall not at any time or in any manner represent that it or any
of its officers, employees, or agents are in any manner officers or employees, or agents
of the City except as set forth in this Agreement. Consultant shall not incur or have the
power to incur any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
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Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of Work
Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
Should the Scope of Services include work that is considered a public work to
which prevailing wages apply, the public work project is subject to compliance monitoring
and enforcement by the California Department of Industrial Relations (DIR). Consultant
agrees to comply with and be bound by all applicable terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term of
this Agreement. For every subcontractor who will perform work on this project, Consultant
shall be responsible for subcontractor’s compliance with (a) and (b), and Consultant shall
take all necessary actions to ensure subcontractor’s compliance. Labor Code Section
1725.5 requires all contractors and subcontractors to annually register with the DIR before
bidding or performing on any public work contract.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of the
City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Services
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
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in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm have
any interests, nor shall they acquire any interest, directly or indirectly, which will conflict
in any manner or degree with the performance of their services hereunder. Consultant
further covenants that in the performance of this Agreement, they shall employ no person
having such interest as an officer, employee, agent, or subconsultant. Consultant further
covenants that Consultant has not contracted with nor is performing any services directly
or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or
partnership(s) and/or public agency(ies) owning property and/or processing an
entitlement application for property in the City or its Area of Interest, now or within the
past one (1) year, and further covenants and agrees that Consultant and/or its
subconsultants shall provide no service or enter into any contract with any developer(s)
and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies)
owning property and/or processing an entitlement application for property in the City or
its Area of Interest, while under contract with the City and for a one (1) year time period
following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service or
by deposit in the United States mail, certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
To: Anthony P. Mazzei, Senior Vice President/Managing Principal
Earth Systems Pacific
5917 Olivas Park Drive, Suite F
Ventura, CA 93003
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
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19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or
other action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Consultant understand and
agree that the laws of the state of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled to
recover its costs and expenses, including reasonable attorneys’ fees, from the losing
party, and any judgment or decree rendered in such a proceeding shall include an award
thereof.
24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire understanding
between the parties relating to the obligations of the parties described in this Agreement.
All prior or contemporaneous agreements, understandings, representations, and
statements, oral or written, are merged into this Agreement and shall be of no further
force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party’s own independent investigation of
any and all facts such party deems material.
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25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if any,
and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any such waiver constitute
a continuing or subsequent waiver of the same provision. No waiver shall be binding
unless executed in writing by the party making the waiver.
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30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK EARTH SYSTEMS PACIFIC
__________________________________ __________________________________
Troy Brown, City Manager Anthony P. Mazzei
Senior Vice President/Managing Principal
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for claims
or suits by one insured against another. Limits are subject to review but in no event less
than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant’s employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability for each
such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on
behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
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addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured’s liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one insured
against another. Coverage shall be applicable to the City for injury to employees of
Consultant, subconsultants, or others involved in the Work. The scope of coverage
provided is subject to approval by the City following receipt of proof of insurance as
required herein. Limits are subject to review but in no event less than $2,000,000
aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG 2037
with edition acceptable to the City. Consultant also agrees to require all contractors
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operation limits the application of such insurance coverage.
4. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
5. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or reduced
at any time and no replacement coverage is provided, the City has the right, but
not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Agreement and to pay the premium. Any premium so paid
by the City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at the City’s option.
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6. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to the
City of any cancellation of coverage. Consultant agrees to require its insurer to
modify such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any party
will “endeavor” (as opposed to being required) to comply with the requirements of
the certificate.
7. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
8. Consultant agrees to ensure that of its subcontractors, and any other party
involved with the Work who is brought onto or involved in the Work by Consultant,
provide the same minimum insurance required of Consultant. Consultant agrees
to monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with its subcontractors and
others engaged by Consultant in the Work will be submitted to the City for review.
9. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer, or other entity
or person in any way involved in the performance of Work contemplated by this
Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
10. The City reserves the right at any time during the term of the Agreement to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in additional
cost to the Consultant, the City will negotiate additional compensation proportional
to the increased benefit to the City.
11. For purposes of applying insurance coverage only, this Agreement will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
12. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non-compliance with an insurance requirement
in no way imposes any additional obligations to the City nor does it waive any rights
hereunder in this or any other regard.
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Earth Systems Pacific Page 14 of 15
13. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until the
City executes a written statement to that effect.
14. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant’s insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to the City within
five days of the expiration of coverage.
15. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
16. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
17. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
18. The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts or impairs the
provisions of this section.
19. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against the City for payment of
premiums or other amounts with respect thereto.
20. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this Agreement. The City
assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve the
City.
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Earth Systems Pacific Page 15 of 15
Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ ____________
2. Dollar amount of Subcontract: $ ____________
3. Does the total contract amount represent compensation for multiple
documents or written reports? Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
__________________________________
______________________
Date
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EXHIBIT C
I (80 5 ) 642 6727 I www.earthsvste m s .com
October 31, 2022
City of Moorpark
Attention: Daniel Kim
799 Moorpark Avenue
Moorpark, California 93021
Project: Princeton Avenue Widening
Moorpark, California
Subject: Proposal -Geotechnical Construction Testing Services
Proposal No.: VEN-22-10-14
Pursuant to our recent discussions, Earth Systems Pacific (Earth Systems) is pleased to provide the
following proposal to provide construction testing and inspection services during widening of
Princeton Avenue in Moorpark, California. The project is subject to California prevailing wage law.
This project involves rough grading, constructing and backfilling retaining walls, and general road
construction. Some of the retaining walls will be CIDH pile supported. Earth Systems understanding
is that about 315 CIDH piles will be constructed.
Earth Systems' roll on the project is understood to be limited to providing geotechnical/geologic pre-
construction and construction consultation, and observing CIDH pile drilling.
The estimated fees presented below are based on many assumptions about how the work will
proceed at the project site. Our services are dependent on your contractor's schedules and
efficiency. Hence, the fees are only estimates and neither fixed fees nor not-to-exceed fees.
The following scope of services is proposed:
A. Pre-Construction and Construction Consultation : $5,000.00
1. Project improvement plans will be reviewed to gain an understanding of the project and to
be able to communicate effectively with various project personnel.
2. A geologist will log "test" borings drilled by the project contractor. Of primary interest are
the depth to bedrock and the depth at which groundwater is encountered . It is pertinent to
know if the groundwater is perched, or a local/regional groundwater.
3. Engineering and geologic consultation will be provided on an as-needed basis.
B. CIDH Pile Drilling Observation
1. A Geologist will review the project plans to prepare for providing field services.
2. A Geologist will observe CIDH pile drilling on a continuous basis. It is anticipated that pile
drilling will take 45 days .
3. A report discussing our observations will be submitted to the City .
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October 31, 2022 2 Proposal No.: VEN-22-10-14
C. Project Management and Reports -$2,000.00
1. One hour of project management per week have been allotted over the course of the project.
G. Basis of Charges
1. Services provided as described in Sections A through C above will be billed per the attached
current 2022 Fee Schedule and on our understanding the project is subject to California
prevailing wage law. A copy of our 2022 Fee Schedule is submitted with this proposal. Fees
will be based on the number of hours of work provided toward the project and the fee
schedule in effect at the time the work is performed.
E. Fee Estimate Summary
A. Pre-Construction and Construction Consultation
B. CIDH Pile Drilling Observation (45 days)
C. Project Management and Reports
$5,000.00
$70,000.00
$2,000.00
Total: $77,000.00
This proposal may be considered valid for a period of 90 days, at which time if it is not fully executed
we reserve the right to modify our proposal in both scope and fee.
Terms for Services
1. Investigation, Monitoring and Inspection. If the services include monitoring or inspection of soil,
construction and/or materials, Client shall authorize and pay for Consultant to provide sufficient
observation and professional inspection to permit Consultant to form opinions according to accepted
statistical sampling methods as to whether the work has been performed in accordance with
recommendations. Such opinions, while statistically valid, do not guaranty uniformity of conditions
or materials. Similarly, soils and geology investigations do not guaranty uniformity of subsurface
conditions. Client hereby represents and warrants that it has provided and shall provide to
Consultant all information and sufficient advance notice necessary in order for Consultant to perform
the appropriate level of services. No statement or action of Consultant can relieve Client's
contractors of their obligation to perform their work properly. Consultant has no authority to
supervise or stop the work of others.
Z. Site Access and Utilities. Client has sole responsibility for securing site access and locating
utilities.
3. Billing and Payment. Client will pay Consultant the proposal amount or, if none is stated,
according to the fee schedule attached to the proposal. Prior to initiation of field work, a retainer is
required. This retainer shall be maintained throughout the project and shall be applied to the final
invoice. Payment is due on presentation of invoices, and is delinquent if Consultant has not received
payment within thirty (30) days from date of an invoice. Client will pay an additional charge of 11/2
(1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any
delinquent amount, excepting any portion of the invoiced amount that is disputed in good faith.
EARTH SYSTEMS PACIFIC
93
October 31, 2022 3 Proposal No.: VEN-22-10-14
Each payment will first be applied to accrued interest, costs and fees and then to the principal unpaid
amount. All time spent and expenses incurred {including any in-house or outside attorney's fees) in
connection with collection of any delinquent amount will be paid by the Client to Consultant per
Consultant's current fee schedule. Services to be performed by Consultant hereunder which are not
set forth in this proposal and/or Work Order are additional services. Any additional services provided
by Consultant shall be subject to the terms of this contract and charged per Consultant's current fee
schedule.
4. Ownership of Documents. Consultant owns all documents it creates and grants Client limited
license to use the documents for the purposes stated in the documents. Consultant reserves the right
to withhold delivery of documents to Client until payment in full of current invoices has been
received.
5. Termination. This agreement may be terminated by either party effective seven (7) days from
the date of written notice, or if the client suspends the work for three (3) months. In the event of
termination, Consultant will be paid for services performed prior to the date of termination plus
reasonable termination expenses. If Consultant has not received payment for any invoice within
thirty {30) days from the date of the invoice, or in the event of anticipatory breach by Client,
Consultant may suspend performance of its services immediately and may terminate this contract.
6. Risk Allocation. In order for Client to obtain the benefit of a fee which includes a lesser allowance
for compensating Consultant for its litigation risk, Client agrees to indemnify, hold harmless and
defend Consultant, its agents, employees, or officers, from and against any and all loss, claim,
expenses, including attorney's fees, injury, damages, liability or costs arising out of non-design
services (i.e., services other than as defined by Civil Code Section 2784) performed by Consultant on
this project, except where such loss injury, damage, liability, cost, expenses or claims are the result
of the sole negligence or willful misconduct of Consultant. Client further agrees to limit the total
aggregate liability of Consultant, its agents, employees, and officers to Client, on the entire project,
to the greater of $25,000.00 or total fees charged by Consultant, except that Consultant's liability for
willful misconduct shall not be limited. Client agrees to provide to Consultant proof of insurance
covering claims for property damage including construction defects and related personal injury on
an occurrence basis in an amount of not less than $1 million per occurrence and in the annual
aggregate. These terms may be negotiable depending on the particular facts of your project. You
should consult with an attorney experienced in construction contracts and litigation regarding this
provision.
7. Hazardous Materials. Consultant is responsible only for hazardous materials brought by
Consultant onto the site. Client retains ownership and responsibility in all respects for other
hazardous materials and associated damage.
8. Third Parties and Assignment. This Contract is intended only to benefit the parties hereto. No
person who is not a signatory to this Contract shall have any rights hereunder to rely on this Contract
or on any of Consultant's services or reports without the express written authorization of Consultant.
This Contract shall not be assigned by Client without the Consultant's written consent. This Contract
is binding on any successor companies to Client or Consultant, and on the surviving corporation in
EARTH SYSTEMS PACIFIC
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October 31, 2022 4 Proposal No.: VEN-22-10-14
the event of a merger or acquisition.
9. Prevailing Wage. Our proposal is based on the understanding that our services, as outlined in
this proposal, are subject to the California Prevailing Wage Law.
10. Governing Law, Survival and Forum Selection. The contract shall be governed by laws of the
State of California. If any of the provisions contained in this agreement are held invalid, the
enforceability of the remaining provisions will not be impaired. Limitations of liability, indemnities,
representations and warranties by Client will survive termination of this agreement. The signatories
represent and warrant that they are authorized by the entities on whose behalf they sign to enter
into this contract and that their principals have filed fictitious business name statements, if required.
All disputes between Consultant and client related to this agreement will be submitted to the court
of the county where Consultant's principal place of business is located, and client waives the right to
remove the action to any other county or judicial jurisdiction.
11. Additional Services. Services to be performed by Consultant hereunder which are not set forth
in this proposal and/or Work Order are "Additional Services." Should Client request any Additional
Services, such services shall be charged per Consultant's current fee schedule. Client shall provide
written confirmation within three (3) days of any verbal authorization to the Consultant for
Additional Services, but Client's failure to do so shall not relieve the Client from its obligation to pay
the Consultant for such services.
Upon acceptance of this proposal, please sign and return a signed copy to EARTH SYSTEMS PACIFIC,
5917 Olivas Park Drive, Suite F, Ventura, California 93003.
The project will be performed under the supervision of a Certified Engineering Geologist and a
Geotechnical Engineer that are licensed by the State of California.
Respectfully submitted,
EARTH SYSTEMS PACIFIC
~
Geotechnical Engineer/Managing Principal
Attachment: Earth Systems Fee Schedule -July. 2022
Copies: 1-City of Moorpark
1 -Proposal File
AGREED TO AND ACCEPTED
Client Signature and Title
Client Name (in print)
Date
EARTH SYSTEMS PACIFIC
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JANUARY 1, 2022 FEE SCHEDULE CC-2201‐001.FEE.REV1
FEE SCHEDULE
(Effective July 1, 2022)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering
geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for
services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed
upon request; fixed‐fee quotes for some services can also be provided upon request. To discuss a scope of work and fees
for a specific project, please contact our office.
PERSONNEL Hourly Rate
Principal Professional ..................................................................................................................................... $220.00
Associate Professional .................................................................................................................................... $210.00
Senior Professional ......................................................................................................................................... $195.00
Project Professional ........................................................................................................................................ $175.00
Staff Professional ............................................................................................................................................ $155.00
Special Inspector, Prevailing Wage* ............................................................................................................... $130.00
Technician, Prevailing Wage* ......................................................................................................................... $115.00
Special Inspector ............................................................................................................................................. $110.00
Technician ......................................................................................................................................................... $95.00
Clerical/Administrative ..................................................................................................................................... $85.00
*Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.
BASIS OF CHARGES
1. Field technician services for non‐prevailing wage projects on regular workdays will be subject to a 2‐hour minimum
charge and billed in 2‐hour increments. Special inspection services and all prevailing wage project services will be
subject to a 4‐hour minimum charge and billed in 4‐hour increments. Hourly charges will accumulate on a portal‐
to portal basis. Work performed on weekends, holidays, and when work starts outside of regular business hours
is subject to a 4‐hour minimum charge. A 2‐hour cancellation charge will apply if scheduled inspection or testing
is cancelled after 3 p.m. the day prior to the scheduled work. Saturdays, night work, and premium hours (before
7 a.m., after 5 p.m. or in excess of 8 hours in one day) for personnel are at time and one‐half; Sundays and holidays
are at double time.
2. The prevailing wage rates presented above are based on current rates established by the Department of Industrial
Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, the quoted rates
will be adjusted to correspond to the change. Also, please note that requirements concerning overtime, shift work,
travel time, holidays, and other factors can vary for different classifications of work under prevailing wage
regulations.
3. Nuclear gauge charge: $12.50/hour.
4. Mileage zone charge (portal to portal): $25 within 10 miles, $50 within 20 miles, $75 within 30 miles, $100 within
40 miles, $125 within 50 miles. For more remote sites, a quote can be provided.
5. Subcontractors and other expenses will be charged at cost plus 10 percent.
6. Out of town travel and expenses will be charged at cost plus 20 percent. Fixed per diem rates for specific projects
can be provided upon request.
7. Minimum report charge: $250.00. Posting of electronic documents to project websites will be charged at
clerical/administrative services rate
8. Invoices are payable upon presentation. Invoices thirty days past due will be subject to a service charge of one
and one‐half percent per month.
9. Fees for depositions, hearings, or and court appearances (as Expert Witness) are listed on a supplemental fee
schedule.
0 Earth Systems
1731 Walter Street, Suite A I Ventura, CA 93003 I Ph: 805.642.6727 I www.earthsystems.com
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JANUARY 1, 2022 FEE SCHEDULE CC-2201‐001.FEE.REV1
10. Due to State regulations requiring electronic submittal of Certified Payroll to DIR for prevailing wage projects, a
fee of $85 per project will be assessed twice a month.
11. Payments using a credit card will be assigned a 3% convenience fee.
12. Rates presented herein will remain in effect through December 31, 2022. Hourly rates for professional and
administrative staff will be subject to a 3 percent annual increase effective January 1 of the applicable year. Hourly
rates for prevailing wage work will be subject to adjustment based upon changes in general prevailing wage
determinations by the Department of Industrial Relations (DIR). For estimating purposes, an annual fee increase
of 5 percent should be assumed for prevailing wage rates.
SUBCONTRACTED SERVICES
Subcontracted services are to be billed at cost plus 20%. Subcontracted services include, but are not limited to, consultants'
fees, equipment rental (such as drilling, trenching and special access equipment), materials, freight, outside laboratory
tests, aerial photographs, permit fees, and incidental expenses. Subcontracted services do not include subcontracted
Special Inspectors, who will be billed at the rates shown on Page 1 of this Fee Schedule
SPECIAL FIELD SERVICES
Geophysical work, pile load tests, vane shear tests, piezometer installations, slope indicator installations, and other special
tests can be quoted on an individual basis.
ENVIRONMENTAL SERVICES
Rates for environmental sampling, safety, and testing equipment can be provided on request. All rentals or purchases of
required equipment and supplies, as well as subcontracted services, will be invoiced at cost plus 20%. Testing of
contaminated soil will be per quote. Contaminated samples will be returned to sender for proper disposal.
SOILS LABORATORY FEES
Atterberg Limits/Plasticity Index (ASTM D 4318): .............................................................................................. $250.00
California Bearing Ratio, 3 points (ASTM D 1883) .............................................................................................. $750.00
California Impact (CT 216) .................................................................................................................................. $275.00
Consolidation, one dimensional (ASTM D 2435) ................................................................................................ $250.00
Consolidation, timed, per point .......................................................................................................................... $100.00
Corrosivity Tests (EPA 300) ................................................................................................................................. $200.00
Direct Shear, 3 points (ASTM D 3080) ................................................................................................................ $400.00
Expansion Index Test (ASTM D 4829) ................................................................................................................. $220.00
Hydrocollapse Potential Test (ASTM D 5333) ..................................................................................................... $150.00
Long Hydrometer Analysis, assumed specific gravity, with 200 wash (ASTM D 422, CT 203) ............................ $300.00
Maximum Density and Optimum Moisture:
4” Mold (ASTM D 1557) ............................................................................................................................... $300.00
6" Mold (ASTM D 1557) ............................................................................................................................... $350.00
Moisture and Unit Weight Determination, from ring samples (ASTM D 2937) ................................................... $40.00
Moisture Only (ASTM D 2216) .............................................................................................................................. $30.00
Permeability Tests, constant head, falling head (EPA 9100) .......................................................................... Per Quote
R‐Value (ASTM D 2844, CT 301) .......................................................................................................................... $420.00
Sand Equivalent (ASTM D 2419, CT 217) ............................................................................................................ $165.00
Short Hydrometer, assumed specific gravity, with 200 wash (ASTM D 422) ..................................................... $200.00
Sieve Analysis with 200 wash (ASTM D 1140, CT 202) ....................................................................................... $200.00
Sieve Analysis without 200 wash, Aggregate Base or Sub‐base ......................................................................... $150.00
Sieve Analysis of Oversize Material ................................................................................................................ Per Quote
Specific Gravity (ASTM D 854) ............................................................................................................................ $175.00
Swell Test, Undisturbed ...................................................................................................................................... $205.00
Swell Test, Remolded ......................................................................................................................................... $230.00
Unconfined Compressive Strength, untreated (ASTM D 2166) .......................................................................... $175.00
Unconfined Compressive Strength, Lime or Cement Treated Material ............................................................. $500.00
0 Earth Systems
1731 Walter Street, Suite A I Ventura, CA 93003 I Ph: 805.642.6727 I www.earthsystems.com
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JANUARY 1, 2022 FEE SCHEDULE CC-2201‐001.FEE.REV1
MATERIALS LABORATORY TESTING FEES
An additional hourly charge ($100/hr.) will be applied for cutting, capping, or other preparation of non‐standard samples.
All compression test fees include formal report following 28‐day tests. Formal reports for earlier tests will be subject to
an additional report fee of $25.
AGGREGATE
Abrasion, L.A. Rattler, 100 & 500 revolutions, ASTM C 131 (Small Size Aggregate) ........................................... $300.00
Abrasion, L.A. Rattler, 100 and 500 revolutions ASTM C535 (Large Size Aggregate) ......................................... $560.00
Absorption, Coarse Aggregate (ASTM C 127, CT 206) ........................................................................................ $100.00
Absorption, Fine Aggregate (ASTM C 128, CT 207) ............................................................................................ $150.00
Clay Lumps and Friable Particles in Aggregate (ASTM C 142) ............................................................................ $110.00
Cleanness Value of Coarse Aggregate (CT 227) .................................................................................................. $150.00
Crushed Particles, each size (CT 205) ................................................................................................................. $150.00
Durability Index, Coarse or Fine Aggregate (ASTM C 3744, CT 229) ................................................................... $200.00
Flat and Elongated Particles in Aggregate (ASTM C 4791) ................................................................................. $110.00
Organic Impurities in Fine Aggregate (ASTM C 40, CT 213) ................................................................................ $100.00
Potential Reactivity of Aggregate by Chemical Method, each size (ASTM C 289) .......................................... Per Quote
Sieve Analysis, washed (ASTM C 117, CT 202) .................................................................................................... $210.00
Soundness, Sodium Sulfate, 5 cycles (ASTM C 88) ............................................................................................. $500.00
Specific Gravity, Coarse Aggregate (ASTM C 127) .............................................................................................. $150.00
Specific Gravity, Fine Aggregate (ASTM C 128) .................................................................................................. $150.00
Uncompacted Void Content, Fine Aggregate, incl. specific gravity (ASTM C 1252, AASHTO T304, CT 234) ...... $280.00
Unit Weight of Aggregate (ASTM C 29) .............................................................................................................. $150.00
CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders, includes disposal fee and report after 28 days (ASTM C 39) ...................... $35.00
Compression Test of Cored Samples, does not include coring, but includes disposal fee (ASTM C 42) .............. $75.00
Grading of Shotcrete Cores, does not include coring (ACI 506.2) ...................................................................... $100.00
Compression Test of Lightweight Concrete (ASTM C 495) ................................................................................... $45.00
Density of Concrete Cylinders (ASTM C 138) ........................................................................................................ $75.00
Density of Hardened Concrete (ASTM C 642) ..................................................................................................... $105.00
Shrinkage of Beams, set of 3 (ASTM C 157) ........................................................................................................ $410.00
Flexural Strength, Simple Beam with Third Point Loading (ASTM C 78, CT 523) ................................................ $180.00
Unit Weight of Lightweight Concrete (ASTM C 567) .......................................................................................... $130.00
Enviro Recycle Fee/Form Stripping, Per Shotcrete Panel/Beam .......................................................................... $65.00
MASONRY
Absorption of Block, set of 3 (ASTM C 140) ........................................................................................................ $165.00
Compression Test on Block, set of 3 (ASTM C 140) ............................................................................................ $165.00
Compression Test on Grouted Prisms, includes cutting and disposal fee (ASTM C 1314). ................................ $300.00
Compression Test on Masonry Cores (ASTM C 140) ............................................................................................ $80.00
Compression Test, 2” x 4” Mortar Cylinders (ASTM C 780) .................................................................................. $45.00
Compression Test, 3” x 3” x 6” Grout Samples (ASTM C 1019) ............................................................................ $45.00
Moisture Content of Block as received, set of 3 (ASTM C 140) .......................................................................... $100.00
Shear Test on Masonry Cores, 2 faces ................................................................................................................ $175.00
Unit Weight of Block, set of 3 (ASTM C 140) ...................................................................................................... $165.00
Coring of Grouted Masonry by Subcontractor ...............................................................................................cost + 20%
Enviro Recycling Fee, Per Masonry Prism ............................................................................................................... $2.00
Enviro Recycling Fee, Per Mortar or Grout Sample ................................................................................................ $2.00
0 Earth Systems
1731 Walter Street, Suite A I Ventura, CA 93003 I Ph: 805.642.6727 I www.earthsystems.com
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JANUARY 1, 2022 FEE SCHEDULE CC-2201‐001.FEE.REV1
ASPHALTIC CONCRETE
All fees for asphaltic concrete assume that asphalt mix is made in the field. Please request quotes if mix is to be made at
our laboratory.
Bulk Specific Gravity of Core Samples (ASTM D 2726 and 1188, CT 308) ............................................................. $50.00
California Kneading Compactor (Hveem LTMD) Max Density on set of 3 (CT 308) ............................................ $400.00
Extraction of Oil from AC Mixtures ..................................................................................................................... $250.00
Extraction of Oil from Rubberized Mixtures (ASTM C 2172) .............................................................................. $315.00
Gyratory Compactor, field mixed asphalt (AASHTO 3112) ................................................................................. $500.00
Hamburg Wheel Tracker Test, per set of field mixed asphalt (AASHTO 324) ..................................................... $750.00
Hazardous Waste Handling Charge for Extracted Oils .......................................................................................... $30.00
Ignition Oven Binder Content Correction Value, per mix (ASTM D 6307) .......................................................... $850.00
Ignition Oven Binder Content after initial correction value is determined ........................................................ $170.00
Ignition Oven Gradation Correction Value, per mix ....................................................................................... Per Quote
Ignition Oven Gradation after initial correction value is determined ................................................................ $270.00
Sieve Analysis of Extracted Aggregate (ASTM C 5444) ....................................................................................... $210.00
Specific Gravity, Theoretical Maximum, Rice Method (ASTM D 2041, CT 309).................................................. $150.00
Stabilometer (Hveem S‐Value), set of 3 (ASTM D 1560, CT 366) $175.00*
Enviro Recycling Fee, Per Sample $2.00
Enviro Recycling Fee for Extracted Oils $45.00
* Fee assumes CT 308 is run concurrently
MISCELLANEOUS TESTING AND EQUIPMENT CHARGES
Anchor Pull Test Equipment. ...................................................................................................................... $150.00/day
High Strength Bolt, Nut, Washer Testing ........................................................................................................ Per Quote
Manometer (Liquid Level) Survey Equipment ............................................................................................ $150.00/day
Nuclear Gauge ................................................................................................................................................ $12.50/hr.
Pachometer (James R Meter) ..................................................................................................................... $200.00/day
Pile Load Test Equipment ............................................................................................................................... Per Quote
Reinforcing Steel Tensile and Bend Tests, No. 3 through No. 9 Bars (ASTM A 615) ........................................... $175.00
Reinforcing Steel Tensile and Bend Tests, No. 10 Bars and larger ................................................................. Per Quote
Skidmore Device ......................................................................................................................................... $250.00/day
Torque Wrench ............................................................................................................................................. $75.00/day
Hand Auger/Sampler Equipment .................................................................................................................. $75.00/day
Rebound Hammer (Schmidt Hammer) ......................................................................................................... $75.00/day
DIR Compliance/eCPR, Per Week ......................................................................................................................... $85.00
DSA Box Posting, Per Week .................................................................................................................................. $85.00
0 Earth Systems
1731 Walter Street, Suite A I Ventura, CA 93003 I Ph: 805.642.6727 I www.earthsystems.com
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JANUARY 1, 2022 FEE SCHEDULE CC-2201‐001.FEE.REV1
EXPERT WITNESS SERVICES
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.
HOURLY CHARGES FOR PERSONNEL
Principal Professional ....................................................................................................... $450.00
Associate Professional ...................................................................................................... $375.00
Senior Professional………………………………… ........................................................... $300.00
Project Professional .......................................................................................................... $275.00
Staff Professional .............................................................................................................. $225.00
Clerical/Admin Services .................................................................................................... $150.00
SPECIAL SERVICES
Deposition .................................................................................................................. $420.00/hr.
Arbitration .................................................................................................................. $420.00/hr.
Court Appearance/Hearings ............................................................................ $2,000.00/half day
Standby to Appear .................................................................................................. $1,000.00/day
BASIS OF CHARGES
1. Hourly rates are charged during investigation, analysis, consultation, and preparation services.
2. Estimated deposition fee payable in advance by party requesting deposition. The difference
between advance payment and final fee to be billed or refunded in accordance with the fee and
billing information in this schedule. Fee for reviewing deposition transcript will be billed at hourly
rates to the party requesting the review.
3. Minimum half day charge will apply to court appearances and hearings. Time extending through
the noon hour will be subject to the full day charge of $3,000.00.
4. Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during
which we are not required to be away from our offices will be subject to a standby charge of
$750.00. Standby at other locations will be charged at the general hourly rates.
0 Earth Systems
1731 Walter Street, Suite A I Ventura, CA 93003 I Ph: 805.642.6727 I www.earthsystems.com
100