HomeMy WebLinkAboutAGENDA REPORT 1990 0919 CC REG ITEM 08P- ' MOORPARK ITEM a• P .
BERNARDO M. PEREZ STEVEN KUENY
Mayor o' °o City Manager
SCOTT MONTGOMERY a z> MOORPARK, CALIFORNIA CHERYL J. KANE
Mayor Pro Tem ��/t� City Cou II Meeting City Attorney
ELOISE BROWN �r 'r ,��i� F,LTRICK RICHARDS,A.I.C.P.
Councilmember o`a ` m' of �� ��y Director of
CLINT HARPER, Ph.D. °o� ommunity Development
Councilmember 9,Eo ACTIO /1/./�+ R. DENNIS DELZEIT
PAUL W. LAWRASON,Jr. 4 %' /y / , City Engineer
CouncilmemberCouncilmember401101,2Wit JOHN V.,GILLESPIE
e
LILLIAN KELLERMAN irraW tJ4 Police
City Clerk RICHARDD PoliT. HARE
City Treasurer
MEMORANDUM
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: September 7, 1990 (Council Meeting 9-19-90)
SUBJECT: Contract for Materials Testing
Los Angeles Avenue West Widening Project
OVERVIEW
This presents for approval an Agreement for Materials Testing
Services required for the Los Angeles Avenue (West) Widening
Project.
DISCUSSION
A. Testing Service
One of the elements of the Construction Engineering required
for the Los Angeles Avenue Widening Project is soils and
materials testing. The City Engineer has solicited and has
received a proposal from Buena Engineering for these
services.
B. Fiscal Impact
The fees for these services are described on page three of
the Proposal . The total amount of the fee is $10 ,240 .
RECOMMENDATION
Approve the attached Agreement and authorize the Mayor to
execute same.
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
•
AGREEMENT
THIS AGREEMENT, made and entered into this day of
19_ by and between the City of Moorpark, a
municipal corporation located in the County of Ventura, State
of California, hereinafter referred to as "CITY" and Buena
Engineers, Inc. , a California Corporation, hereinafter referred
to as "BUENA" .
WITNESSETH
Whereas, City requires certain Soils Testing services
during the construction of the Los Angeles Avenue West Widening
Project: and,
Whereas, Buena is experienced in providing such services
and has submitted a Proposal relating thereto; and,
Whereas, City wishes to retain Buena for the performance of
those services set forth in said Scope of Work set forth below.
NOW, THEREFORE, in consideration of the mutual convents,
benefits and premises herein stated, the parties hereto agree
as follows:
City does hereby appoint Buena in a contractual capacity to
perform certain technical services as set forth herein.
I. Scope of Work
The services to be rendered by Buena shall be as set forth
in the Proposal from Buena dated of June 15, 1990 (Exhibit
"A" ) . Said services shall be performed in accordance with
any written and / or verbal instructions given to Buena by
the City Engineer's Office prior to said Proposal date.
II. Compensation
The amount of full compensation to Buena for said services
shall be as set forth in Paragraph G of the Proposal
(Exhibit "A" ) .
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II. Termination
This agreement may be terminated with or without cause by
City at any time with no less than 10 days written notice
of such termination. In the even of such termination,
Buena shall be compensated for such services up to the date
of termination. Such compensation for work in progress
shall be prorated as to the percentage of progress
completed at the date of termination.
This agreement may be terminated by Buena only by providing
City with written notice no less than 30 days in advance of
such termination.
III. General Conditions
A. City shall not be called upon to assume any liability
for the direct payment of any salary, wage or other
compensation to any person employed by Buena
performing services hereunder for City.
B. Buena is and shall at all times remain as to the City
a wholly independent contractor. Neither the City nor
any of its officers, employees, servants or agents
shall control over the conduct of Buena or any of
Buena officer, employees or agents, except as herein
set forth.
Buena shall not at any time or in any manner represent
that it or any of its officers, employees or agents
are in any manner employees of the City.
C. At the time of 1) termination of this agreement or 2)
conclusion of all work; all original documents,
designs, drawings, reports, calculations, diskettes,
computer files, notes, and other related materials
whether prepared by Buena or their subcontractor(s) or
obtained in the course of providing the services to be
performed pursuant to this agreement shall become the
sole property of the City.
D. Buena shall hold harmless, indemnify and defend the
City and its officers, employees, servants and agents
serving as independent contractors in the role of City
Manager, Deputy City Manager, Director of Public
Works, City Engineer, Assistant City Engineer or City
Attorney from any claim, demand, damage, liability,
loss, cost or expense, for any damage whatsoever,
including but not limited to death or injury to any
person and injury to any property, resulting from
misconduct, negligent acts, errors or omissions of
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Buena or any of its officers, employees or agents in
the performance of this agreement, except such damage
as is caused by the sole negligence of the City or any
of its officers, employees, servants or agents.
The City does not, and shall not, waive any rights that it may
have against Buena by reason of Paragraph E hereof, because of
the acceptance by the City, or the deposit with the City, of
any insurance policy or certificate required pursuant to this
agreement. This hold harmless and indemnification provision
shall apply regardless of whether or not said insurance
policies are determined to be applicable to the claim, demand,
damage, liability, loss, cost or expense described in Paragraph
E hereof.
E. Buena shall secure from a good and responsible company
or companies doing insurance business in the State of
California, pay for, and maintain in full force and
effect for the duration of this agreement that
policies of insurance required by this paragraph and
shall furnish to the City Clerk of the City
certificates of said insurance on or before the
commencement of the term of this agreement.
Notwithstanding any inconsistent statement in any of
said policies or any subsequent endorsement attached
thereto, the protection offered by the policies shall:
1 . Name the City and its officers, employees,
servants and agents serving as independent
contractors in the role of City Manager, Deputy
City Manager, Director of Community Development
or City Attorney, as additional insured with
Buena.
2. Insure the City and its officers, employees, and
agents while acting in the scope of their duties
under this agreement against all claims, demands,
damages, liabilities, losses, costs or expenses
arising from, or in any way connected with, the
performance of this agreement by Buena or the
City.
3. Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for any
reason whatsoever, the City shall be notified
by mail , postage prepaid, not less than thirty
(30) days before the cancellation or amendment is
effective. Buena shall give City thirty (30)
days written notice prior to the expiration of
such policy.
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4. Be written on an Occurrence Basis.
F. Consistent with the provisions of Paragraph E, Buena
shall provide general public liability including
automobile liability and property damage insurance in
an amount not less than One Million dollars
($1 ,000 ,000.00) per occurrence and annual aggregate.
G. Consistent with the provisions of Paragraph E, Buena
shall provide workers' compensation insurance as
required by the California Labor Code. If any class
of employees engaged by Buena in work under this
agreement is not protected by the workers'
compensation law, Buena shall provide adequate
insurance for the protection of such employees to the
satisfaction of the City.
H. Buena shall not assign this agreement, or any of the
rights, duties or obligations hereunder. It is
understood and acknowledged by the parties that Buena
is uniquely qualified to perform the services provided
for in this agreement.
I. The Proposal submitted by Buena (Exhibit "A") are
hereby incorporated into this agreement. Where said
exhibits are modified by the agreement, the language
contained in the agreement shall take precedence.
J. Payment to Buena shall be made by City within 30 days
of receipt of invoice, except for those which are
contested or questioned and returned by City, with
written explanation within 30 days of receipt of
invoice. Buena shall provide to City a written
response to any invoice contested or questioned and
further, upon request of City, provide City with any
and all documents related to any invoice.
K. 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 of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
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To: Buena Engineers, Inc.
1731-A Walter Street
Ventura, CA 93003
Attn: Richard M. Beard
Either party may, from time to time, by written notice
to the other, designate a different address which
shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed
delivered upon receipt by personal service or upon
deposit in the United States mail .
L. Nothing contained in this agreement shall be deemed,
construed or represented by the City or Buena or by
any third person to create the relationship of
principal or agent, or of a partnership, or of a joint
venture, or of any other association of any kind or
nature between the City and Buena.
M. This agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all
prior agreements or understandings, oral or written,
are hereby merged herein. This agreement shall not be
amended in any way except by a writing expressly
purporting to be such an amendment, signed and
acknowledged by both of the parties hereto.
N. 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.
0. 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.
P. 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
attorney's fees, from the losing party, and any
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judgement or decree rendered in such a proceeding
shall include an award thereof.
Q. Cases involving a dispute between the City and Buena
may be decided by an arbitrator if both sides agree in
writing, with costs proportional to the judgement of
the arbitrator.
R. This agreement is made, entered into, 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.
S. The captions and headings of the various Articles and
Paragraphs of this agreement are for convenience and
identification only and shall not be deemed to limit
or define the content of the respective Articles and
Paragraphs hereof.
IV. RESPONSIBLE INDIVIDUAL
The individual directly responsible for Buena overall
performance of the contract provisions herein above set
forth and to serve as principal liaison between City and
Consultant shall be Richard M. Beard.
Upon mutual written agreement of the parties, other
individuals may be substituted in the above capacity.
V. IMPLEMENTATION
The City shall provide Buena with written notice in advance
of the date at which these services are to be implemented
if different than the date of the agreement.
CITY OF MOORPARK: CONSULTANT:
Bernardo M. Perez , Mayor
buena.con
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•
) Buena Engineers,Inc.
• btinNp// AN EARTH SYSTEMS,INC.COMPANY
1731-A WALTER STREET • VENTURA, CALIFORNIA 93003 • (805) 642-6727
June 15, 1990 B-18922-V2
Peter Brennan
Willdan and Associates
374 Poli Street, Suite 101
Ventura, CA 93001-2613
Subject: Los Angeles Avenue Widening
Moorpark, California
Pursuant to your request, we are pleased to provide the following proposal to perform compaction
testing and intermittent field observation and provide subsequent report for the grading and
construction monitoring of the Los Angeles Avenue widening project in Moorpark, California.
The following scope of services is specifically included as a basis of fees:
A. Preliminary Engineering
A.1 All engineering and testing services will be performed in accordance with the
recommendations of the Geotechnical Engineering Report to be furnished at a later
date.
A.2 The final grading and general development plans will be reviewed to assess the
general compliance with and the implementation of the recommendations of the
Geotechnical Engineering Report.
B. Site Grading
B.1 Full time and intermittent observations will be made, as necessary, by the
Geotechnical Engineer or his technical representative(s) during the rough grading
operation. Involved largely in creating small (up to three to four(3-4) feet high) fill
slopes adjacent to the shoulder. This portion of the grading will include the
placement and testing(for qualification as well as compaction)of imported fill.
B.2 The Owner is to supply field surveying stakes and notes, latest plans and
specification and, any changes pertinent to the performance of Buena Engineers,
Inc. testing and observations.
C. Streets
C.1 Our work in the street areas will include testing on the street subgrade and base
compaction, and R-Value determinations and pavement design, but specifically does
not include field verification of base and asphalt concrete thickness.
VENTURA e "
T -*- COPY
�,"' O LANCASTER
(805) 642-6727 CL
:ENT 948-7538
BAKERSFIELD SANTA BARBARA PALM SPRINGS SAN LUIS OBISPO
(805)327-5150 (805)966-9912 (619)328-9131 (805)544-6187
June 15, 1990 B-18922-V2
C.2 Batch Plant Inspections on a full-time basis will be provided and includes laboratory
tests on aggegates and asphaltic concrete.
C.3 The Owner is responsible for contacting Buena Engineers, Inc. when testing
services are required. Buena Engineers, Inc. will test locations and depths deemed
appropriate to provide the Owner with information on the relative compaction within
the tested areas. Areas may be retested after reworking,if required.
D. General
D.1 Relative compaction tests will be taken in accordance with ASTM D 2922 or ASTM
D 1556 at locations and depths to determine in-situ compaction within fills,
recompaction, trench backfill and street areas.
D.2 Buena Engineers, Inc. will designate those areas to be tested and will request and
expect Contractor cooperation in excavating the required test areas or pits.
D.3 The fees set forth in this proposal includes written reports issued at the completion
of the job. Interim reports may be submitted when necessary to substantiate
periodic invoicing.
D.4 The proposal is based on passing tests only. Retests,if necessary, will be invoiced
to the Owner at $6.00. each in addition to the hourly rate. We will not be
responsible for invoicing retests to the Contractors.
E. Consultation
E.1 Consultation time when no testing is performed or when the Contractor is not ready
for test and does not cancel our personnel will be billed at hourly rates.
E.2 Engineering consultation, either in the office or at the job site, will be billed at
hourly rates, with a two hour minimum for field consultation.
F. Basis of Charges
F.1 The basis of charges for this proposal is the Fee Schedule currently in effect for
Buena Engineers, Inc, dated January 1990, a copy of which is enclosed.
F.2 Due to the need for our personnel to be on the site based on the Contractor
operation, the fees provided below are to be considered estimates only. The fee
schedule rates provided will be charged and based on the Contractors operation , the
total fee charged for this project could be somewhat more or less than the figures
shown below. The fees quoted in this estimate are based on an estimated five (5)
working day grading duration. •
F.3 The fees as provided herein are applicable until five (5) working days have been
completed, at which time, we reserve the right to modify our proposal/contract fee
to reflect rate changes, as outlined in newly issued fee schedules.
BUENA ENGINEERS , INC .
June 15, 1990 B-18922-V2
G. Fee to be Charged
G.1 Engineering services prior to the start of grading,per Section A:
Fee $300.00
G.2 Full time and intermittent observation and testing during site grading, including
back-up laboratory tests for maximum density, with appropriate reports, per
Section B (Based on an average of 4 hours/day on-site, one man at $300.00/day
for 5 days):
Fee $1,500.00
G.3 Testing of utilities and streets per Section C above, assuming approximately sixty
(60) tests for street subgrade, base and asphalt concrete, and four (4) days of batch
paint inspeciton (1000 tons per day)with laboraotry tests:
Fee $8,440.00
G.4 Hourly consultation,per Section D:
Fee-Technician $53.00/hr.
Fee- Senior Technician $63.00/hr.
Fee -Engineer $74.00/hr.
Fee - Senior Engineer $90.00/hr.
G.5 Concrete Inspection:
Casting Cylinders on site $53.00/hr.
(2 hr. min.)
Concrete Compression Tests $18.00/test
TERMS:
Invoices will be submitted at completion or at approximately two (2) week intervals and are due
and payable upon presentation. After one billing cycle (4 weeks) a late payment service charge
may be added at the rate of 1.5% per month (annual percentage rate 18%).
The Client agrees to limit the liability of the Consultant (BUENA ENGINEERS, INC.) in
accordance with Section 8 of the General Conditions attached to this Proposal.
The Consultant and the Client agree that there are risks of earth movement and property damage
inherent in land development and repair and the Consultant has not been authorized to perform the
exhaustive and economically unfeasible investigation necessary to eliminate such risks. The
Consultant agrees to perform its services which are intended solely for the use of the Client, in a
proper and professional manner in accordance with current standards of the engineering profession
in the community, and the Client agrees to pay for and look to the Consultant only for such
performances.
It is further understood that the fees to be charged under this agreement are for the professional
services up to and including the appropriate report. The Client is responsible for submittal of the
BUENA ENGINEERS, INC . .
June 15, 1990 B-18922-V2
report to any governing agencies. Additional services related to agency review process after
submittal of the initial report, will be invoiced at current fee schedule rates.
Cancellation of this agreement by the Client or Consultant must be in writing. The Client agrees to
pay for all services and materials provided up to the time of cancellation in accordance with Section
10 of the General Conditions attached to this Proposal.
The General Conditions attached to this Proposal are incorporated hereinto and made a part of this
agreement. Upon acceptance of this proposal, please sign and date both copies of this Proposal
and return one signed copy to BUENA ENGINEERS, INC., 1731 Walter Street, Suite A,
Ventura, California, 93003.
The total amount is due and payable upon receipt of the report.
Respectfully submitted,
BUENA ENGINEERS, INC. AGREED TO AND ACCEPTED
Carole Wockner
Staff Engineer Client Signature and Title
aREVIEWED AND APPROVED////
dsu,d mbPR��-a el V P Client Name (in print)
Richard M. Beard
Geotechnical Engineer
Enclosure: Fee Schedule
Date
Attachments: General Conditions
Copies: 2-Willdan
1 - CW
1 - VTA File
BUENA ENGINEERS, INC .
•
• • GENERAL CONDITIONS BETWEEN GEOTECHNICAL CONSULTANT AND CLIENT
SECTION 1: ENTRY AND PROPERTY CARE SECTION 6: Ulan'CHANGES
1.1 The Client will provide for right of entry of the 6.1 In the event any changes are made in the plans and
Geotechnical Consultant and all necessary equipment, specifications by the Client or persons other than the
in order to complete the work. Geotechnical Consultant, client agrees to hold the
Consultant harmless from any liability arising out of
1.2 While the Geotechnical Consultant will take all rea- such changes and the Client assumes full responsibil-
sonable precautions to minimize any damage to the ity unless the Client has given Consultant prior notice
property, it is understood by the Client that in the and has received the Consultant's written consent for
normal course of work some damage may occur, the such changes.
correction of which is not part of this agreement.
SECTION 7: STANDARD OF CARE
SECTION 2: UTILITIES
7.1 Services performed by the Geotechnical Consultant
2.1 In the prosecution of his work, the Geotechnical under this Agreement will be conducted in a manner
Consultant will take all reasonable precautions to consistent with the level of care and skill ordinarily
avoid damage or injury to subterranean structures or exercised by members of the profession currently
utilities. practicing under similar conditions and in the same
locality. No other warranty, expressed or implied, is
2.2 The Client agrees to hold the Geotechnical Consultant made.
harmless for any damages to subterranean structures
and utilities which are not called to the Geotechnical 7.2 The Client recognizes that subsurface conditions may
Consultant's attention and correctly shown on the vary from those encountered at the specific locations
plans furnished. where borings, surveys, or explorations are made by
the Geotechnical Consultant and that the data, inter-
SECTION 3: SAMPLES pretations and recommendations of the Geotechnical
Consultant are based solely on the information avail-
3.1 Except as noted in paragraph 12, below, the able to him. The Geotechnical Consultant will be
Geotechnical Consultant will retain all soil and rock responsible for those data, interpretations, and
samples for thirty (30)days. Further storage or trans- recommendations, but shall not be responsible for the
fer of samples can be made at the Client's expense interpretation by others of the information de-
upon written request. veloped.
SECTION 4: INVOICES SECTION 8: L.IMTTATION OF LIABILITY
4.1 The Geotechnical Consultant will submit invoices to 8.1 The Client agrees to limit the Geotechnical Consul-
the Client upon completion of services or at two week tart's liability to the Client and all construction con-
intervals, which are due and payable upon pre- tractors and subcontractors on the project arising from
sentation. A Late Payment Finance Charge computed the Geotechnical Consultant's professional acts,
at the periodic rate of 1.5 percent per month (an An- errors or omissions, such that the total aggregate
nual Percentage Rate of 18 percent) will be applied to liability of the Geotechnical Consultant to all those
any unpaid balance commencing thirty days after the named shall not exceed $50,000.00 or the
date of the invoice. Geotechnical Consultant's total fee for the services
rendered on this project, whichever is greater. The
4.2 Fee Schedules are periodically revised. Unless other- Client further agrees to require of the contractors and
wise agreed, new rates apply to ongoing work as the his subcontractors an identical limitation of the
rates are issued. Geotechnical Consultant's liability for damages suf-
fered by the contractor or the subcontractor arising
SECTION 5: OWNERSHIP OF DOCUMENTS from the Geotechnical Consultant's professional acts,
errors or omissions. Neither the contractor nor any of
5.1 All reports, boring logs, field data, field notes, labo- his subcontractors assumes any liability for damages
ratory test data, calculations, estimates, and other to others which may arise on account of the
documents prepared by the Geotechnical Consultant, Geotechnical ConsuItant's professional acts, errors or
as instruments of service, shall remain the property of omissions.
the Geotechnical Consultant.
SECTION 9: INSURANCE
5.2 The Client agrees that all reports and other work fur-
nished to the Client or his agents, which is not paid 9.1 The Geotechnical Consultant represents and warrants
for, will be returned upon demand and will not be used that it and its agents, staff and consultants employed
by the Client for any purpose whatever. by it, is and are protected by workers' compensation
insurance and that the Geotechnical Consultant has
5.3 The Geotechnical Consultant will retain all pertinent such coverage under public liability and property
records relating to the services performed for a period damage insurance policies which the Geotechnical
of five years following submission of the report, dur- Consultant deems to be adequate. Certificates for all
ing which period the records will be made available to such policies of insurance shall be provided to the
the Client at all reasonable times. Client upon request in writing. Within the limits and
Rev.9(89
G204-A
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conditions of such insurance, the Geotechnical Con- that he has done his best to inform Geotechnical
sultans agrees to indemnify and save the Client harm- Consultant of such known or suspected hazardous
Iess from and against any loss, damage, or liability materials' type, quantity and location.
arising from any negligent acts by the Geotechnical
Consultant, its agents, staff, and consultants em- 12.2 Hazardous materials or certain types of hazardous ma-
ployed by it. The Geotechnical Consultant shall not terials may exist at a site where there is no reason to
be responsible for any loss, damage or liability be- believe they could or should be present. Geotechnical
yond the amounts, limits, and conditions of such in- Consultant and Client agree that the discovery of
surance. The Geotechnical Consultant shall not be unanticipated hazardous materials constitutes a
responsible for any loss, damage, or liability arising changed condition mandating a renegotiation of the
from any negligent acts by the Client, its agents, scope of work or termination of services. Geotechni-
staff, or other consultants employed by it. cal Consultant and Client also agree that the discovery
of unanticipated hazardous materials may make it
SECTION 10: TERMINATION necessary for Geotechnical Consultant to take
immediate measures to protect health and safety.
10.1 This Agreement may be terminated by either party Geotechnical Consultant agrees to notify Client as
upon seven (7) days written notice in the event of soon as practically possible should unanticipated
substantial failure by the other party to perform in hazardous materials or suspected hazardous materials
accordance with the terms hereof. Such termination be encountered. Client encourages Geotechnical
shall not be effective if that substantial failure has Consultant to take any and all measures that in
been remedied before expiration of the period specified Geotechnical Consultant's professional opinion are
in the written notice. The Agreement may also be justified to preserve and protect the health and safety
terminated under the conditions set forth in Section of Geotechnical Consultant's personnel and the
12.2. In the event of termination, the Geotechnical public. Client agrees to compensate Geotechnical
Consultant shall be paid for services performed to the Consultant for additional cost of working to protect
termination notice date plus reasonable termination employees' and the public's health and safety. In
expenses. addition, Client waives any claim against Geotechni-
cal Consultant, and agrees to defend, indemnify and
10.2 In the event of termination, or suspension for more save Geotechnical Consultant harmless from any
than three (3) months, prior to completion of all re- claim or liability for injury or Ioss arising from
ports contemplated by this Agreement, the Geotech- Geotechnical Consultant's discovery of unanticipated
nical Consultant may complete such analyses and hazardous materials or suspected hazardous materials.
records as are necessary to complete his files and may Client also agrees to compensate Geotechnical Con-
also complete a report on the services performed to the sultant for any time spent and expenses incurred by
date of notice of termination or suspension. The Geotechnical Consultant in defense of any such claim,
expenses of termination or suspension shall include with such compensation to be based upon
all direct costs of the Geotechnical Consultant in Geotechnical Consultant's prevailing fee schedule and
completing such analyses, records and reports. expense reimbursement policy relative to recovery of
direct project costs.
SECTION 11: OTHER CONTRACTUAL REQUIREMENTS
12:3 In the event the project site is not owned by Client,
11.1 Neither the Client nor the Geotechnical Consultant Client warrants that he has obtained all necessary
may delegate, assign, sublet or transfer his duties or permission for Geotechnical Consultant to enter onto
interest in this Agreement without the written consent the site and conduct subsurface exploration activities.
of the other party. Client recognizes that it is his responsibility to in-
•
form the property owner of the discovery of unantici-
11.2 If the Client is a corporation or public entity, the in- paled hazardous materials or suspected hazardous ma-
dividual or individuals who sign this Agreement on terials. Client also recognizes that any such discovery
behalf of the Client warrant that they are duly autho- may result in a significant reduction of the property's
rized agents of the Client. The Client binds himself, value, and this may spur the property's owner to
his partners, successors, executors, administrators and institute action against Geotechnical Consultant,
assigns to this agreement in respect to all its terms Accordingly, in such situations, Client waives any
and conditions. claim against Geotechnical Consultant, and agrees to
defend, indemnify and save Geotechnical Consultant
SECTION 12: HAZARDOUS MATERIALS harmless from any claim or liability for injury or loss
of any type arising from Geotechnical Consultant's
12.1 When hazardous materials are known, assumed or discovery of unanticipated hazardous materials or sus-
suspected to exist at a site, Geotechnical Consultant is petted hazardous materials on a site not owned by
required to take appropriate precautions to protect the Client. Client also agrees to compensate Geotechni-
health and safety of his personnel, to comply with cal Consultant for any time spent and expenses in-
applicable laws and regulations, and to follow carred by Geotechnical Consultant in defense of any
procedures that Geotechnical Consultant deems pru- such claim, with such compensation to be based upot,
dent to minimize physical risks to employees and the Geotechnical Consultant's prevailing fee schedule and
public. Client hereby warrants that, if he knows or expense reimbursement policy relative to recovery of
has any reason to assume or suspect that hazardous direct project costs.
materials may exist at the project site, he has so in-
formed Geote.clutical Consultant. Client also warrants
F
1990 FEE SCHEDULE
Introduction
Listed herein are typical prices for engineering, geology and testing services most
frequently performed by BUENA ENGINEERS, INC. Prices for services not listed
and quotations for projects involving volume work will be given upon
request.
Sampling and testing are conducted in accordance with the latest applicable or designated
specifications of the American Society for Testing and Materials, AASHTO, CALTRANS,
SSPWC, UBC, military standards, or other pertinent agencies.
BASIS OF TIME
Straight Time: Monday through Friday, B hours between 7:00 am and 5:00 pm.
Overtime: Monday through Friday, between 5:00 pm and 7:00 am, and all day
Saturday.
Premium Time: Time over 8 hours on Saturday, over 12 hours on weekdays and all day
Sunday and Holidays.
Per Diem: When location of work dictates, $30.00 per day, plus lodging.
BASIS OF CHARGES
{ Test prices shown are for laboratory work only, and include reporting of routine results not
{ calling for comment, recommendations or conclusions. The following are examples of items
which constitute additional costs: Sampling, preparation of samples, analysis of results,
preparation of reports setting forth comments, recommendations or conclusions. The
minimum report charge is $200.00.
Documents sent by Facsimile will be billed at $2.00 for the first page, and at $0.50 per
page for each additional page.
Rental of special equipment, machine shop work, freight, subcontracted testing and other
charges advanced are invoiced at cost plus 20% service charge.
Miscellaneous expenses encountered in performance of our services, such as field office set-
up, toll charges, permit fees and per diem expenses, are billed at cost. Mileage, when
chargeable, is $0.40 per mile for cars or similar vehicles. Support vehicles are charged at
$0.50 per mile.
Services are based on a minimum charge of two hours. A four hour minimum charge will be
made for services in excess of two hours. A six hour minimum charge will be made for
services in excess of four hours. An eight hour minimum charge will be made for services
in excess of six hours.
Invoices will be submitted at two week intervals and become due on
presentation. Accounts unpaid after 30 days will be considered past due and
subject to a Late Payment Finance Charge at a rate of 1.5% per month (18%
per annum).
This Fee Schedule is effective from January 1, 1990, and is applicable until revised.
1
1
[ CONSULTING SOIL AND ENGINEERING GEOLOGY
Geotechnical Engineering Reports Distress Foundation Evaluations
Geologic Hazard Studies Seismic Hazard Studies
Observations and Field Testing Groundwater Studies
Percolation Testing Pile Driving and Caisson Observation
Paving Design Drilling Services/Monitoring Wells
Analysis of Slope Stability Data Evaluation
Consultation Report Preparation
Moisture-Density Testing Related Services
I.
Non-technical Assistant $28.00/hour
I Technical Word Processor $37.00/hour
Technician (plus cost of test performed) $42.00/hour
Technician (hourly rate only) $53.00/hour
Drafter $53.00/hour
Senior Technician $63.00/hour
Certified or Deputy Inspectors On Request
Supervising Technician $68.00/hour
I Staff Engineer or Geologist $74.00/hour
Project Engineer or Geologist $80.00/hour
Senior Engineer or Geologist/Project Manager $90.00/hour
I Associate $105.00/hour
Principal or Consultant $145.00/hour
Compaction Test (in addition to above hourly rates) $6.00/lest
Compaction Test (when billed separately) $40.00/test
4 Laboratory Rates $55.00/hour
Observation and testing services are billed portal to portal, in accordance with the following
1 minimum charges:
---Two hours minimum charge.
---Travel/Zone Charges (based on radius from our office, see exception below):
L• Mileage Sample Pickup*
Zone A (0-10 miles) $8.00 $50.00
Zone B (10-20 miles) $16.00 $80.00
Zone C (20-30 miles) $24.00 $105.00
Zone D (30-40 mites) $32.00 $130.00
Zone E (40-50 miles) $40.00 $160.00
Zone F (50-75 miles) $60.00 $230.00
k' Zone G (75-100 miles) $80.00 $300.00
---Travel charges to remote or difficult areas will be billed at $0.40 per mile plus travel
time.
" Includes mileage charges, assumes 1/2 hour on-site for pickup and processing. Time in
excess of 1/2 hour on-site will be billed at hourly rates.
FIELD EQUIPMENT RATES
Drilling Rig including operator $135.00/hour
Drilling Rig Mobilization (plus authorized standby) • $90.00/hour
Backhoes, Bulldozers and/or grubbing to facilitate site accessibility Cost plus 20%
Drilling with casingCost plus 20%
Seismograph Equipment $55.00/day
Liquid Level Equipment $40.00/day
1 2
SOIL ENGINEERING
LABORATORY TESTS
I
Laboratory preparation of sample $55.00/hour
Sieve Analysis, with 200 wash • $100.00
1 Sieve Analysis, without wash - $74.00
Short Hydrometer Analysis (without specific gravity) $58.00
Long Hydrometer Analysis (without specific gravity) $131 .00
Specific Gravity (Sand and Gravel) $74.00
Specific Gravity (Clay and Silt) $79.00
Moisture Content and/or Unit Weight • $26.00
Permeability Tests. Hourly Rates
ATTERBERG LIMITS
Ia) Liquid Umit $63.00
b ) Plastic Limit $47.00
c) Plasticity Index $110.00
I d) Shrinkage Limit ' . $84.00
e) Shrinkage Factors $84.00
I Triaxial compression test on hourly basis, estimates quoted on request, according
to type.
Expansion Index (UBC Standard 29-2) $80.00
Swell Test (FHA or County) $80.00
Direct Shear (quick), 3 points $105.00
Direct Shear (consolidated), per point $55.00
1 Consolidation, 4 points on request
C.B.R on request
Cement Treated Base (compacting, curing and testing) each field specimen $126.00
Cement Treated Base (stability, lab mixing) including 3 specimens $378.00
Sand Equivalent (average of 3) $74.00
(single point) $58.00
R-Value, California State Highway • $210.00
R-Value, California State Highway, cement, lime or other additives on request
f.
COMPACTION CURVES:
a) Standard (ASTM D 1557, Method A or ASTM D 698) $125.00
b) ASTM D 1557, Method B, C, or D $158.00
c) California Impact (State 216) $125.00
d) Check Point (verification of maximum, Method A) $70.00
e) Check Point, Method B, C, or D $75.00
I.
L
3
I
1 • GENERAL CONDfTIONS BETWEEN GEOTECHNICAL CONSULTANT AND CUENT
r SECTION 1: ENTRY AND PROPERTY CARE Geotechnical Consultant, client agrees to hold the
!L 1.1 The Client will provide for right o1 entry of the Consultant harmless from any liability arising out of
Geotechnical Consultant and all necessary equipment, such changes and the Client assumes full responsibil-
II
n order to complete the work. ity unless the Client has given Consultant prior notice
and has received the Consultant's written consent for
1.2 While the Geotechnical Consultant will take all rea- such changes.
sonable precautions to minimize any damage to the SECTION 7: STANDARD OF CARE
U property, it is understood by the Client that in the
normal course of work some damage may occur, the 7.1 Services performed by the Geotechnical Consultant
correction of which is not part of this agreement. under this Agreement will be conducted in a manner
SECTION 2: UTILITIES consistent with the level of care and skill ordinarily
exercised by members of the profession currently
2.1 In the prosecution of his work, the Geotechnical practicing under similar conditions and in the same
Consultant will take all reasonable precautions to locality. No other warranty, expressed or implied, is
avoid damage or injury to subterranean structures or made.
futilities.
2.27.2 The Client recognizes that subsurface conditions may The Client agrees to hold the Geotechnical Consultant vary from those encountered at the specific locations
harmless for any damages to subterranean structures where borings, surveys, or explorations are made by
I and utilities which are not called to the Geotechnical
Consultant's attention and correctly shown on the the Geotechnical Consultant and that the data, inter-
pretations and recommendations of the Geotechnical
plans furnished. Consultant are based solely on the information avail-
SECTION 3: SAMPLES able to him. The Geotechnical Consultant will be
responsible for those data, interpretations, and
3.1 Except as noted in paragraph 12, below, the recommendations, but shall not be responsible for the
Geotechnical Consultant will retain ail soil and rock interpretation by others of the information de-
samples for thirty (30) days. Further storage or veloped.
1 transfer of samples can be made at the Client's
expense upon written request. SECTION 8: LIMITATION OF LIABILITY
SECTION 4: INVOICES 8.1 The Client agrees to limit the Geotechnical Consul.
tant's liability to the Client and all construction con-
4.1 The Geotechnical Consultant will submit invoices to tractors and subcontractors on the project arising
the Client upon completion of services or at two week from the Geotechnical Consultant's professional acts,
intervals, which are due and payable upon pre- errors or omissions, such that the total aggregate
sentation. A Late Payment Finance Charge computed liability of the Geotechnical Consultant to all those
at the periodic rate of 1.5 percent per month (an An- named shall not exceed $50,000.00 or the
ii nuaf Percentage Rate of 18 percent) will be applied to Geotechnical Consultant's total tee for the services
any unpaid balance commencing thirty days after the rendered on this project, whichever is greater. The
date of the invoice. Client further agrees to require of the contractors
4.2 Fee Schedules are periodically revised. Unless and his subcontractors an identical limitation of the
otherwise agreed, new rates apply to ongoing work as Geotechnical Consultant's liability for damages suf-
the rates are issued. fered by the contractor or the subcontractor arising
from the Geotechnical Consultant's professional acts,
SECTION 5: OWNERSHIP OF DOCUMENTS errors or omissions. Neither the contractor nor any
5.1 All reports, boring logs, field data, field notes, labo- of his subcontractors assumes any liability for
1 ratory test data, calculations, estimates, and other damages to others which may arise on account of the
documents prepared by the Geotechnical Consultant, Geotechnical Consultant's professional acts, errors or
as instruments of service, shall remain the property omissions.
of the Geotechnical Consultant. SECTION 9: INSURANCE
5.2 The Client agrees that all reports and other work fur- 9.1 The Geotechnical Consultant represents and warrants
nished to the Client or his agents, which is not paid that it and its agents, staff and consultants employed
for, will be returned upon demand and will not be used by ft, is and are protected by workers' compensation
by the Client for any purpose whatever. insurance and that the Geotechnical Consultant has
5.3 The Geotechnical Consultant will retain all pertinent such coverage under public liability and property
records relating to the services performed for a damage insurance policies which the Geotechnical
period of five years following submission of the Consultant deems to be adequate. Certificates for all
report, during which period the records will be made such policies of insurance shall be provided to the
available to the Client at all reasonable times. Client upon request in writing. Within the limits and
SECTION 6: CLIENT CHANGES conditions of such insurance, the Geotechnical Con-
( suftant agrees to Indemnify and save the Client harm-
IL 6.1 In the event any changes are made in the plans and less from and against any loss. damage, or liability
specifications by the Client or persons other than the 4 arising from any negligent acts by the Geotechnical
t
Consultant, its agents, staff, and consultants em- 12.2 Hazardous materials or certain types of hazardous
ployed by it. The Geotechnical Consultant shall not be materials may exist at a site where there is no rea-
1 responsible for any loss, damage or liability beyond son to believe they could or should be present.
the amounts, limits, and conditions of such insurance. Geotechnical Consultant and Client agree that the
The Geotechnical Consultant shall not be responsible discovery of unanticipated hazardous materials con-
for any loss, damage, or liability arising from any stitutes a changed condition mandating a renegotiation
negligent acts by the Client, its agents, staff, or
of the scope of work or termination of services.
other consultants employed by it. Geotechnical Consultant and Client also agree that the
SECTION 10: TERMINATION discovery of unanticipated hazardous materials may
( make it necessary for Geotechnical Consultant to take
10.1 This Agreement may be terminated by either party immediate measures to protect health and safety.
upon seven (7) days written notice in the event of Geotechnical Consultant agrees to notify Client as
substantial failure by the other party to perform in soon as practically possible should unanticipated
1 accordance with the terms hereof, Such termination hazardous materials or suspected hazardous materi-
als not be effective if that substantial failure has als be encountered. Client encourages Geotechnicai
been remedied before expiration of the period speci- Consultant to take any and all measures that in
tied in the written notice. The Agreement may also Geotechnical Consultant's professional opinion are
I be terminated under the conditions set forth in Sec- justified to preserve and protect the health and
tion 12.2. In the event of termination, the Geotech- safety of Geotechnical Consultant's personnel and me
nical Consultant shall be paid for services performed public. Client agrees to compensate Geotechnical Con-
to the termination notice date plus reasonable termi- sultant for additional cost of working to protect em-
nation expenses. ployees' and the public's health and safety. in addi-
10.2 In the event of termination, or suspension for more tion, Client waives any claim against Geotechnical
than three (3) months, prior to completion of all re- Consultant, and agrees to defend, indemnify and save
ports contemplated by this Agreement, the Geotech- Geotechnical Consultant harmless from any claim or
nical Consultant may complete such analyses and•
liability for injury or loss arising from Geotecrnica.
records as are necessary to complete his files and Consultant's discovery of unanticipated hazardous
materials or suspected hazardous materials. Client
may also complete a report on the services R
performed to the date of notice of termination or also agrees to compensate Geotechnical Consu:;ant
suspension. The expenses of termination or for any time spent and expenses incurred by
suspension shall include all direct costs of the Geotechnical Consultant in defense of any such claim,
Geotechnical Consultant in completing such analyses, with such compensation to be based upon Geotechnical
records and reports. Consultant's prevailing tee schedule and expense
reimbursement policy relative to recovery of direct
SECTION 11: OTHER CONTRACTUAL REQUIREMENTS project costs.
11.1 Neither the Client nor the Geotechnical Consultant 12;3 In the event the project site is not owned by Client,
[! may delegate, assign, sublet or transfer his duties or Client warrants that he has obtained all necessary
interest in this Agreement without the written con- permission for Geotechnical Consultant to enter onto
sent of the other party. the site and conduct subsurface exploration activities.
11.2 If the Client is a corporation or public entity, the in- Client recognizes that it is his responsibility to in-
' dividual or individuals who sign this Agreement on form the property owner of the discovery of
behalf of the Client warrant that they are duly autho- unanticipated hazardous materials or suspected haz-
rized agents of the Client. The Client binds himself, ardous materials. Client also recognizes that any
his partners, successors, executors. administrators such discovery may result in a significant reduction
and assigns to this agreement in respect to all its of the property's value, and this may spur the
terms and conditions. property's owner to institute action against Geotech-
nical Consultant. Accordingly, in such situations,
[:;'•:..•::': SECTION 12: HAZARDOUS MATERIALS Client waives any claim against Geotechnical Consul-
12.1 When hazardous materials are known, assumed or tont, and agrees to defend, indemnify and save
suspected to exist at a site, Geotechnical Consultant Geotechnical Consultant harmless from any claim or
is required to take appropriate precautions to protect liability for injury or toss of any type arising from
the health and safety of his personnel, to comply with Geotechnical Consultant's discovery of unanticipated
applicable laws and regulations, and to follow hazardous materials or suspected hazardous mate-
procedures that Geotechnical Consultant deems pru- rials on a site not owned by Client. Client also agrees
[f::.'
dent to minimize physical risks to employees and the to compensate Geotechnical Consultant for any time
public, Client hereby warrants that, if he knows or spent and expenses incurred by Geotechnical Con-
has any reason to assume or suspect that hazardous sultant in defense of any such claim, with such corn-
materials may exist at the project site, he has so in- pensation to be based upon Geotechnical Consultant's
if•::::: formed Geotechnical Consultant. Client also warrants prevailing fee schedule and expense reimbursement
that he has done his best to inform Geotechnical policy relative to recovery of direct project costs.
I Consultant of such known or suspected hazardous
l materials' type, quantity and location.
5
1
1.
MATERIAL TESTING
The following Material Testing and Construction Observation services are available
(Note: Some services are not available at some of our branch offices.)
1
OBSERVATION AND TESTING SERVICES
1 Concrete Batch Plant High Strength Bolts
9
Concrete Placement Masonry
f Asphalt Plant Welding (visual)
Asphalt Placement Reinforcing Steel Placement
Gunite Pile Driving
( CEMENT, CONCRETE AND MASONRY
CEMENT
Grab sample (C.A.C. Title 21) Hourly Rates
Testing individual samples of cement according to ASTM C 150
(excluding "Heat of Hydration and False Set Test") • on request
CONCRETE AND MASONRY AGGREGATE
Sieve Analysis, per primary size $89.00
Wash Analysis $95.00
Sieve Analysis (without wash, 314 inch maximum) $68.00
Specific Gravity, bulk SSD (including absorption) $63.00
Absorption, Sand and Gravel $32.00
Injurious Organic Matter $32.00
Weight per cubic foot •
$95.00
Los Angeles Rattler Test $110.00
Sulphate or Magnesium Soundness, per 5 cycle test (set up charge $50.00)
Coarse aggregate $189.00
Fine aggregate •
. $210.00
Durability (per size fraction) $100.00
Mortar Making Properties of Sand on request
Sand Equivalent (average of 3) $74.00
Potential Reactivity Test (chemical method) on request
Potential Reactivity Test (mortar bar method) on request
Cleanness Test (referee test) $95.00
Crushed Particles, per sieve size $63.00
Friable Particles. per sieve size $63.00
Light Weight Pieces, per sieve fraction $126.00
Scratch Hardness, per sieve fraction $63.00
Soft Particle, per sieve fraction $63.00
• 6
( CONCRETE
Aggregate Tests for mix determination of concrete
(does not include acceptance tests) $378.00/sample
Concrete Mix Design or review $125.00
Drying Shrinkage Tests by ASTM or California Test Methods, complete
facilities, price based on test program (minimum charge $100.00) on request
Compression Tests, or Hold Samples 6" x 12" concrete cylinder $18.00
Compression Tests, Gunite $18.00
Density Tests on concrete cylinders $63.00
Splitting Tensile Test, 6" x 6" concrete beam $63.00
Splitting Tensile Test, 6" x 12" cylinder $63.00
Flexural Strength, or Hold Samples 6" x 6" concrete beam $53.00
Compression Test on cored concrete specimen $18.00
End Preparation of Cores, if required (diamond sawing) $12.00/cut
Gunite cages $20.00
Cement Content of Hardened Concrete on request
Moisture Content (ASTM C 427 set-up charge $150.00 each) $55.00
Complete Concrete Design including laboratory trial batches and
specimens on separate water-cement ratios on request
Accelerated Cure for Beams or Cylinders on request
Slump Cone Rental (non-refundable deposit $50.00) $60.00/month
National Ready Mix Assoc. - Batch Plant Certification on request
Compressive Strength or Bond Strength of Joint Fillers • on request
MASONRY
Compression Test, or Hold Samples, Mortar Cylinders $18.00
Compression Test, or Hold Samples, Grout Cylinders $18.00
Compression Test, Masonry Unit up to 8" width $63.00
Compression Test, Masonry Unit greater than 8" $63.00
Compression Test of Masonry Prisms on request
Absorption Test, Masonry Unit (each) $45.00
Moisture Content, (ASTM C 427) (Set-up charge $150.00 each) $55.00
Linear Shrinkage, Masonry Unit (each) $85.00
Compression Strength, Brick (each) • $63.00
Modulus of Rupture, Brick (each) .. $63.00
Absorption Tests, Brick, 5 hour boil with coefficient (each) $126.00
Shear Test on Masonry Core $65.00
Tensile Test on Masonry Block $95.00
Diamond Sawing of block, if required $25.00/cut
Complete Block Testing per ASTM D 90
(compression, absorption, dimension) each size and type on request
Title 24 Conformance Test Set (without Shrinkage) $378.00
Face Shell Bond Strength (CAC Title 24) (each) $63.00
1
REINFORCING AND STRUCTURAL STEEL
GENERAL TESTING
Rebar-Tensile and Bend as a set, up to #6 $63.00
Structural-Tensile and Bend as a set, up to 3/4" cross-sectional area
(does not include machining charge) $63.00
Rebar-Tensile and Bend as a set, greater than #6 $63.00
Structural-Tensile and Bend as a set, greater than 3/4" cross-sectional area
(does not include machining charges) $63.00
Bend Test (rebar) $30.00
Bend Test (structural)... $30.00
Flattening Test $30.00
Rockwell or Brinell Hardness on request
Deformation, Reinforcing Steel $45.00
Machine Charges Cost plus 20%
EQUIPMENT USE CHARGES
Testing Machine Time (operator and equipment) $70.00/hour
Skidmore Wilhelm Bolt Tension Calibrator $30.00/day
Torque Wrench $30.00/day
with multiplier $35.00/day
Dye Penetrant Test $65.00/hour
James R Meter $55.00/day
Generator $55.00/day
Steam Cleaner $90.00/day
WELDER QUALIFICATION TESTS
Prices for welder qualification examinations are based on certification procedure and are
available upon request.
ASPHALT AND ASPHALTIC CONCRETE
LIQUID AND PAVING ASPHALTS
Chemical Testing on request
Mobile Asphalt Lab $250/day
L
8
•
MATERIAL TESTING
ASPHALTIC CONCRETE MIXES
Sieve Analysis with 200 wash (per bin sample) $95.00
Sieve Analysis without wash (per bin sample) $68.00
Sand Equivalent $74.00
Las Angeles Rattler $110.00
Film Stripping (ASTM) $65.00
Centrifuge Kerosene Equivalent, coarse or fine (each) $126.00
Extraction, % Bitumen and Sieve Analysis $131 .00
Specific Gravity of Compacted Sample $32.00
Stabilometer Test and Mixing of Sample (set of three) $290.00
Stabilometer Test on Premixed Sample (set of three)
Cohesiometer, Swell Test, Moisture Content, and Moisture Vapor
Susceptibility, (each) in conjunction with Stabilometer $252.00
Marshall Test, per cored specimen $55.00
* Marshall Test, set of three (including molding) $265.00
• Marshall Method maximum density only (average of three) $185.00
Complete Design of Wearing Surface for a given Asphalt and
Aggregate (Stabilometer or Marshall) on request
" Theoretical Maximum $63.00
* Maximum Density (Cal 304) $158.00
{ ' premixed samples
DIAMOND CORING
Charges for coring consist of two parts. One is for the wear on the diamond bit known as the
•
"Bit Charge". The other is for coring machine and operator time.
Bit Charges:
Diameter of Core it Charge
2" $2.00/inch
4" $3.00/inch
= 6' $4.00/inch
8" $5.00/inch
NOTE: Minimum bit charge of 6" length per job per day.
Machine and operator (accessible flat work only) $65.00/hour
Machine and two $100.00/hour
operators 100.00/hour
p
Generator-minimum per day $55.00/day
{ Water Tank $10.00/hour
l_-
9
STANDARD PROVISIONS OF MATERIALS TESTING AGREEMENT
. The client binds himself, his partners, successors, 9. In the event all or any portion of the work,
executors, administrators and assigns to the prepared or partially prepared by the consultant
consultant to this agreement in respect to all of be suspended, abandoned, or terminated, the client
the terms and conditions of this agreement. shall pay the consultant for the work performed on
an hourly basis, and not to exceed any maximum
2. The client accepts the responsibility of notifying contract amount specified herein.
the consultant 24 hours in advance of any
{_ necessary tests and observations. If the client 10. In the event that client institutes a suit against
assigns this responsibility to a contractor and/or consultant because of any failure or alleged failure
subcontractor, architect, engineer or job to perform, error. omission, or negligence, and if
inspector, the client will hold harmless the such suit is not successfully prosecuted, or if it is
consultant for claims and defense costs arising dismissed, or if verdict is rendered for
from improper scheduling on the part of the consultant, client agrees to pay consultant all
responsible party. costs of defense, including attorneys fees, expert
witnesses' fees, and court costs and any and all
3. Individual Responsibility: If the client is a other expenses of defense which may be needful
corporation, the individual or individuals who sign immediately following dismissal of the case or
this Contract on behalf of the client guarantee that immediately upon judgment being rendered in
client will perform its duties under this contract. behalf of consultant.
The individual or individuals so signing this
Contract warrant that they are duly authorized 11. Neither the client nor consultant shall assign his
{ agents of the client. interest in this agreement without the written
1l consent of the other.
4. Bankruptcy: If client or consultant should become
bankrupt or make an assignment for the benefit of 12. No conditions or representation, altering,
creditors, consultant, or his trustee in detracting from or adding to the terms hereof
bankruptcy, shall be paid the reasonable value of shall be valid unless printed or written hereon or
all work theretofore performed, and the evidenced in writing by either party to this
obligations of all parties under this contract shall agreement and accepted in writing by the other.
thereupon terminate. In determining reasonable
value under this paragraph, the contract price 13. All agreements on consultant's part are contingent
shall be deemed reasonable, upon, and consultant shall not be responsible for
{ damages or be in default or be deemed to be in
5. Shall litigation be necessary to enforce any term default by reason of, delays in performance by
or provision of this agreement, or to collect any reason of strikes, lockouts. accidents, acts of God
portion of the amount payable under this and other delays unavoidable or beyond
agreement, then all litigation and collection consultant's reasonable control, or due to
�;• expenses, witness fees and court costs and shortages or unavailability of labor at established
attorney's fees shall be paid to the prevailing area wage rates or delays caused by failure of
party. client or client's agents to furnish information or
to approve or disapprove consultant's work
6. Invoices will be submitted at completion of work promptly, or due to the late or slow, or faulty
or at approximately two (2) week intervals and performance by client, other contractors, or
t.:.:•:, are due and payable upon presentation. governmental agencies, the performance of whose
work is precedent to or concurrent with the
7. A late payment FINANCE CHARGE will be computed performance of consultant's work. In the case of
at the periodic rate of 1.5% per month, which is the happening of any such cause of delay, the time
an ANNUAL PERCENTAGE RATE of 18%,and will be of completion shall be extended accordingly.
applied to any unpaid balance commencing 30 days
after the date of the original invoice. 14. In the event that litigation be instituted under the
terms and conditions of this agreement, the same
8. Client hereby agrees that the balance as stated on is to be brought and tried in judicial jurisdiction of
the billing from the consultant to client Is correct, the court of the county in which the consultant's
conclusive and binding on the client unless client, principle place of business is located and client
,.• within ten (10) days from the date of the making waives the right to have the suit brought, or tried
of the billing, notifies consultant in writing of the in, or removed to any other county or judicial
particular item that is alleged to be incorrect. jurisdiction.
10
STANDARD PROVISIONS OF MATERIALS TESTING AGREEMENT(CONTINUED)
{ 15. Consultant does not guarantee the completion or or stop notice rights, which the consultant may
quality of performance of contract or the have for the performance of services under this
completion or quality of performance of contracts agreement.
by the contractor or contractors, or other third
parties, nor Is he responsible for their acts or 23. One or More waivers of any terms, condition or
omissions. covenant by the consultant shall not be construed
by client as a waiver of a subsequent breach of the
16. Consultant makes no warranty, expressed or same or any other term, condition or covenant.
implied, as to his findings, recommendations,
specifications, or professional advice except that 24. In the event client fails to pay consultant promptly
these were formulated after being prepared in or within sixty (60) days after invoices are
accordance with generally accepted engineering rendered, then client agrees that consultant shall
practices and under the direction or registered have the right to consider said default a total
professional professional engineers, breach of this agreement and the duties of the
consultant under this agreement terminated. In
17. Client agrees to cooperate in any and every way such event, client shall then promptly pay the
or manner with consultant on project. consultant for all of the fees, charges and
services performed by consultant on an agreed
18. In the event that any changes are made in the plans hourly basis.
and specifications by the client or persons other
than the consultant, which affects the consultants 25. In the event any provision of this agreement shall
work, any and all liability arising out of such be held to be invalid and unenforceable, the other
changes is waived as against the consultant and the provisions of this agreement shall be valid and
client assumes full responsibility for such changes binding on the parties hereto.
unless client has given consultant prior notice and
has received from consultant written consent for 26. Services provided within this agreement are for
such changes. the exclusive use of the client.
19. The client agrees that in accordance with generally 27. There are no understandings or agreement except
accepted construction practices, the construction as herein expressly stated.
contractor will be required to assume sole and
complete responsibility for job site conditions 28. In the event of new Fee Schedules, which are
during the course of construction of the project, compiled on a yearly basis, the new rates would
including safety of all persons and property; that take effect as of the date of the new Fee Schedule,
this requirement shall be made to apply unless otherwise agreed to between the client and
continuously and not be limited to normal working the consultant.
hours, and the client further agrees to defend,
indemnify and hold the consultant harmless from 29. Consultant is protected by Worker's Compensation
any and all liability, real or alleged, in connection Insurance (and/or Employer's Liability Insurance),
with the performance of work on this project, and by Public Liability Insurance for bodily injury
excepting liability arising from the sole negligence and damage, and will furnish certificates thereof
of the consultant. upon request. If client's contract or purchase
order places greater responsibilities upon
20. The client agrees to limit the consultant's liability consultant or requires further insurance
to the client and to all contractors and coverage, consultant, if specifically directed by
subcontractors on the project, due to professional client, will take out additional insurance (if
negligent acts, errors or omissions of the procurable) to protect consultant at client's
consultant to the sum of $50,000 or the expense, but consultant shall not be responsible
consultant's fee, whichever is greater. for property damage from any cause, including
fire and explosion, beyond the amounts and
21. Upon written request, each of the parties hereto coverage of consultant's insurance.
shall execute and deliver, or cause to be executed
and delivered, such additional instruments and 30. The client is responsible for providing the
documents which may be necessary and proper to consultant with complete plans and specifications,
carry out the terms of this agreement. including all addenda, and holds consultant
• harmless for claims arising due to the client's
22. The terms and provision of this agreement shall failure to supply consultant with correct and
not be construed to alter, waive, or affect any complete data.
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! N AGREEMENT
TO STANDARD PROVISIONS OF MATERIALS TESTING
A. Responsibilities of BUENA ENGINEERS and the F. Utilities and Streets
Contractor
Testing services only are provided by BUENA
The presence of our field representative would be ENGINEERS, INC.. on utilities and streets. This
for the purpose of providing observation and field does not include observations during placement of
testing. Our work would not include supervision or utilities, trench backfill, compaction operations or
direction of the actual work of the contractor, his related services.
employees or agents. The contractor for this
project should be so advised. The contractor Daily hand written field reports will be submitted
• should also be informed that neither the presence of to the developer's on-project representatives at
our field representative nor the observation and the conclusion of each day observations are made if
testing by our firm shall excuse him in any way requested by client. The reports will set forth the
from detects discovered in his work. It is number of relative compaction tests taken and a
understood that our firm would not be responsible general comment as to progress of work. The
for job or site safety on this project. Job and site conclusions set forth in the daily field reports are
safety shall be the sole responsibility of the subject to possible changes after office engineering
contractor. review and are submitted only to assist the
developer in dealing with items of non-compliance.
B. Warranty
The developer is responsible for contacting BUENA
We make no warranty, expressed or implied, when testing services are required. BUENA will
except that our services would be performed in test at locations and depths deemed appropriate to
( accordance with engineering principles generally provide the developer with information on the
II accepted at this time and location, relative compaction within the tested areas. Based
on the results of the tests, notice of non-
C. Meaning of 'Observation' compliance with specifications may be given to the
( As used herein, the term 'observation' implies contractor. Areas may be retested after rework,
only that we would observe the progress of the if required.
work we have agreed to be involved with, and We will not be responsible for invoicing retests to
perform tests, from which to develop an opinion as the subcontractors.
Il to whether the work essentially complies with the
job requirements. G General
( D. Degree of Certainty of Compliance Relative compaction tests will be taken in
accordance with ASTM D 2922 or D 1556 at
Any manufactured product, presents statistical locations and depths to determine in-situ
variations in its uniformity, and in the accuracy of compaction within fills, recompaction and trench
tests used to measure its qualities. As compared backfill.
with other manufactured products, field
construction usually has wider fluctuations in both BUENA ENGINEERS, INC. will designate those areas
product and test results. Thus, even with very to be tested and will request and expect contractor
careful observation and testing, it cannot be said cooperation in excavating the required test area or
that all parts of the project comply with the job pits.
requirements. Therefore, our proposal to observe
and test the work for compliance means only that
we would perform our services in such a manner as
to have reasonable certainty that the work
essentially complies with the job requirements.
The degree of certainty would be greater with full-
time observation than it Is with intermittent
observation.
E. Accuracy of Test Locations and Elevations
For tests taken in-situ, their location and elevation
would be determined in accordance with their
•
importance and the accuracy and proximity of
provided survey control. Unless otherwise noted,
the accuracy of locations and elevations should be
implied to be commensurate only with pacing and
sighting methods.
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