Agr - Converse Consultants - 2024-10-10Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Converse Consultants
Geotechnical Engineering, Environmental & Groundwater Science, Inspection & Testing Services
717 South Myrtle Avenue, Monrovia, California 91016 Telephone: (626) 930-1200 ♦ Facsimile: (626) 930-1212 ♦ www.converseconsultants.com
September 13, 2024 (Revised September 30, 2024)
Mr. Mark Esquer, P.E., M.ASCE District Engineer Costa Mesa Sanitary District 290 Paularino Avenue
Costa Mesa, California 92626
Subject: REVISED PROPOSAL TO PERFORM A GEOTECHNICAL INVESTIGATION Collapsed Underground Pipe Evaluation
South Coast Plaza Near Suite 2849 and Parking Structure 3333 Bristol Street Costa Mesa, California Converse Project No. 24-32-144-00 (01)
Dear Mr. Esquer:
Converse Consultants (Converse) appreciates the opportunity to submit this proposal to the Costa Mesa Sanitary District (Client) outlining our scope of work and fee estimate to conduct
a geotechnical investigation for the design of a proposed dewatering system for the subject
project. This proposal is based on a review of the information you provided to Converse on September 5, 2024.
SITE / PROJECT DESCRIPTION
The project is located at South Coast Plaza, near to Suite 2849. The sewer needs to be dug
up and replaced in between the mall building and the parking structure on the south side of the mall. In the second picture shown lower right, the police car is located almost over the area where excavation is required.
EXHIBIT ADocusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Proposal to Conduct a Geotechnical Investigation Collapsed Underground Pipe Evaluation – South Coast Plaza Costa Mesa, California September 13, 2024 (Revised September 30.2024) Page 2
Converse Consultants W:\32-Geotech\Geotech Working Files\2024\24-32-144 Costa Mesa Sanitary District Collapsed Underground Pipe Evaluation\Proposal\09-30-2024\24-32-144_pro(01)CMSD_Collapsed Underground Pipe Evaluation_Rev 09-30-2024 Text.docx
TE Roberts excavated down 6 feet over the sewer last month and ran into ground water.
The sewer is 19 feet deep. Currently the District has temporary pumps to carry the sewer
flows. The Mall will not allow construction until early January 2025. SCOPE OF WORK Our proposed investigation will provide the necessary personnel, equipment and materials
to explore the site in order to enable the design of a dewatering system. We will conduct
laboratory testing, perform geotechnical analyses, and prepare preliminary geologic, geotechnical and construction recommendations for the proposed project. Our scope of work will include the following tasks:
Task 1: Project Set-up and Utility Clearance
As part of project set-up, personnel from our office will conduct the following:
Review background reference documents provided to Converse.
Coordinate site access with site representative.
Field reconnaissance to map the surface conditions, including drainage, flood hazard,
etc.
Stake/Mark the boring locations in the field.
Notify Underground Service Alert (USA) at least 48 hours prior to drilling to clear the boring locations of any conflict with existing underground utilities.
Obtain the necessary encroachment permit for field work, if needed.
Traffic control plans would be prepared and implemented prior to field work, if necessary. Task 2: Subsurface Exploration
The subsurface field exploration will consist of two (2) exploratory borings, which will be
drilled between the hours of 11 PM and 7 AM. The borings will be made by a standard hollow-stem drill rig to depths of 30 feet below the existing ground surface (bgs) each or to refusal, whichever is shallower.
The purpose of the field exploration is to:
Obtain subsurface information at the site.
Obtain undisturbed and bulk samples of the various soils and bedrock types for laboratory testing.
Determine the necessary parameters for the design of the dewatering system by
others. Soils will be continuously logged and classified by the geologist/engineer in the field by visual examination in accordance with the Unified Soil Classification System.
The undisturbed ring samples of the subsurface materials will be obtained at five-foot intervals, at changes in soil profiles, or where unusual conditions are encountered. The
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Proposal to Conduct a Geotechnical Investigation Collapsed Underground Pipe Evaluation – South Coast Plaza Costa Mesa, California September 13, 2024 (Revised September 30.2024) Page 3
Converse Consultants W:\32-Geotech\Geotech Working Files\2024\24-32-144 Costa Mesa Sanitary District Collapsed Underground Pipe Evaluation\Proposal\09-30-2024\24-32-144_pro(01)CMSD_Collapsed Underground Pipe Evaluation_Rev 09-30-2024 Text.docx
relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4 inches inside diameter and 3.0 inches outside diameter) lined with thin-walled sample rings.
The sampler will be driven into the bottom of the borehole with successive drops of a 140-
pound hammer falling 30 inches. The number of successive drops of the driving weight (“blows”) required for one foot of penetration will be shown on the boring summary sheet in the “blow/6-inch” column. The soil will be retained in brass rings (2.4 inches in diameter and one inch in height). The central portion of the sample will be retained and carefully sealed
in waterproof plastic containers for shipment to the laboratory. Bulk samples of
representative soil types will be collected in plastic bags. Groundwater levels, where encountered in the borings during drilling, will be recorded. Borings terminated at a depth less than 10 feet below existing ground surface where
groundwater is not encountered will be backfilled with soil cuttings and capped to match
surface conditions. Borings extending into groundwater or deeper than 10 feet below existing ground surface will be backfilled with cement grout and capped to match surface conditions.
Waste Disposal
All excess soil cuttings will be contained in approximately three (3) drums. The drums will be temporarily stored on the site away from drainage areas and secured from unauthorized entry until laboratory analytical results are received. The waste will be profiled for the most cost-effective disposal or recycling option. For budgeting purposes, we have assumed three
(3) drums of waste will need to be transported and disposed of as non-hazardous waste.
Converse will be responsible for the preparation of waste manifests, and for arranging for proper transportation and disposal of the waste. A Client representative will be responsible for signing the manifests as the Generator. Copies of the manifests will be provided.
Task 3: Geotechnical Laboratory Testing Soil samples obtained in the subsurface exploration will be transported to the Converse laboratory. Geotechnical testing may include the following:
In situ moisture contents and dry densities (ASTM Standard D2216, and D7263)
Soil corrosivity (Caltrans 643, 422, 417)
Expansion Index (ASTM D 4829)
Fines content/Passing No. 200 Sieve (ASTM D 1140)
Grain size distribution (ASTM Standard D6913)
Maximum dry density and optimum-moisture content relationship (ASTM Standard
D1557)
Direct shear (ASTM Standard D3080) Samples will be stored in our laboratory for at least 30 days after the report is completed. At
that time, samples will be disposed of unless we receive notification to do otherwise.
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Proposal to Conduct a Geotechnical Investigation Collapsed Underground Pipe Evaluation – South Coast Plaza Costa Mesa, California September 13, 2024 (Revised September 30.2024) Page 4
Converse Consultants W:\32-Geotech\Geotech Working Files\2024\24-32-144 Costa Mesa Sanitary District Collapsed Underground Pipe Evaluation\Proposal\09-30-2024\24-32-144_pro(01)CMSD_Collapsed Underground Pipe Evaluation_Rev 09-30-2024 Text.docx
Task 4: Engineering Analyses and Report Data obtained from the exploratory borings and laboratory testing will be evaluated.
Engineering analyses will be performed to present dewatering system design
recommendations in a geotechnical investigation report, which will include the following items: Site Condition
Description of on-site soils, boring locations, and test methodologies utilized
Groundwater depth
Location relative to flood hazard zone Faulting and Seismicity
Location relative to known earthquake faults
Anticipated ground shaking from earthquakes
Geologic conditions and geologic cross sections
Liquefaction characteristics
Other secondary effects from earthquakes
Site coefficient for soil characteristics relative to CBC 2022 earthquake forces
Recommendations for Site Preparation
Trench backfill
Suitability of on-site soils for grading or for use as compacted fill
Types of imported fill (if required) for use as compacted fill
Special recommendations for expansive soils or for proposed site work where expansive soils are present
Shrinkage and subsidence
Design Recommendations
Lateral earth pressures and resistance to lateral load
o Active earth pressures o Passive earth pressures o Seismic lateral forces above grade
Modulus of subgrade reaction
Soil Corrosivity Evaluation
Typical permeabilities of soils encountered Construction Recommendations
Temporary excavations
Shoring Design Parameters At this time, no field pumping test is proposed for this project. If needed, we can prepare another proposal for a field pumping test.
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Proposal to Conduct a Geotechnical Investigation Collapsed Underground Pipe Evaluation – South Coast Plaza Costa Mesa, California September 13, 2024 (Revised September 30.2024) Page 5
Converse Consultants W:\32-Geotech\Geotech Working Files\2024\24-32-144 Costa Mesa Sanitary District Collapsed Underground Pipe Evaluation\Proposal\09-30-2024\24-32-144_pro(01)CMSD_Collapsed Underground Pipe Evaluation_Rev 09-30-2024 Text.docx
PROJECT SCHEDULE After the boring locations have been marked, USA requires 48 hours of advance notice for
utility clearance. Converse can begin subsurface exploration in ten (10) working days after
receipt of your written authorization to proceed with mobilization of equipment and permission to access the site, weather and site conditions permitting. Converse estimates the field work to require one (1) day. The laboratory testing, engineering analyses, preparation and submission of the geotechnical report will take approximately four (4) weeks
after completion of the field exploration.
FEE ESTIMATE Our consulting services will be provided in accordance with our current Schedule of Fees and General Conditions, copies of which are attached. The total cost breakdown for our
professional services is presented in the table below.
TASK COST
Task 1: Project Set-up and Utility Clearance $1,195.00
Task 2: Subsurface Exploration $3,330.00
Task 3. Geotechnical Laboratory Testing $3,400.00
Task 4: Engineering Analyses and Report $4,750.00
Exploration Permit from Orange County $250.00
Traffic Control during field work (Prevailing Wage) – Not Required $0.00
Ground Penetrating Radar (Utility Locator) $1,500.00
Drill Rig including Cement Grout (Prevailing Wage) $8,418.00
Analytical Testing $450.00
Drum Disposal $800.00
TOTAL $24,093.00
Our cost is based on the following assumptions:
All field work will be done in one mobilization during the hours of 11 PM and 7 AM.
Access to the site is feasible from the existing street.
Access to the site prior to field exploration will be available during normal weekday
working hours at no additional cost to Converse.
Converse will minimize the impact and disturbance to the existing site conditions; however, some degree of disturbance or damage may occur by the field work.
The site owner representative will assist Converse to clear existing underground
utilities at no additional cost to Converse. Converse will not be responsible for any
utility damage due to boring.
The borings will be backfilled with cement grout and soil cuttings. As a result, the surface may settle over time. If construction is delayed, it is recommended that the owner monitor the borings and, if needed, backfill any settlement or depression that
might occur to prevent trip and fall injuries in the area of potential settlement.
Converse will contact Underground Service Alert (USA).
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Proposal to Conduct a Geotechnical Investigation Collapsed Underground Pipe Evaluation – South Coast Plaza Costa Mesa, California September 13, 2024 (Revised September 30.2024) Page 6
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Converse will not be responsible for any markings left by Converse and USA.
Utility plans, if available, will be provided by owner.
It is understood by both contracting parties that only the driller’s work and utility locator’s work are subject to prevailing wage as defined by California Labor Code Sections 1770-1780. CLOSURE
During the course of this work, Converse will carry insurance as agreed in the contract.
Converse’s services will be provided in accordance with the project requirements and generally accepted professional engineering and geologic principles and practice in this area of Southern California. Unless we hear differently, we will assume that these conditions are acceptable to you.
This proposal will expire 90 days from its issuance if not accepted in that time. Our billing rates are reviewed at the beginning of each year and are subject to adjustment at the beginning of each calendar year.
If the terms of this proposal are acceptable, please complete and sign the attached
Acceptance of Agreement and Authorization to Proceed form and forward it to our office with one copy of this signed proposal to formally authorize our services. Invoices will be submitted on a monthly basis. Special billing instructions, including backup
documentation requirements, should be mutually agreed upon and indicated in the
authorization form. Subsequent additions or changes should likewise be mutually agreed upon and submitted in writing with the appropriate authorization. Please do not hesitate to contact the undersigned at (626) 930-1275 if you have any
questions or wish to discuss this proposal further. Thank you for the opportunity to submit
our proposal for this project. Sincerely,
CONVERSE CONSULTANTS
Siva K. Sivathasan, PhD, PE, GE, DGE, QSD, F. ASCE
Senior Vice President / Principal Engineer
Dist.: 1 to Addressee via Email Encl: Schedule of Fees, General Conditions
SKS/JPC:jjl
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Proposal to Conduct a Geotechnical Investigation Collapsed Underground Pipe Evaluation – South Coast Plaza Costa Mesa, California September 13, 2024 (Revised September 30.2024) Page 7
Converse Consultants W:\32-Geotech\Geotech Working Files\2024\24-32-144 Costa Mesa Sanitary District Collapsed Underground Pipe Evaluation\Proposal\09-30-2024\24-32-144_pro(01)CMSD_Collapsed Underground Pipe Evaluation_Rev 09-30-2024 Text.docx
PROPOSAL TO CONDUCT A GEOTECHNICAL INVESTIGATION Collapsed Underground Pipe Evaluation South Coast Plaza Near Suite 2849 and Parking Structure 3333 Bristol Street, Costa Mesa, California Converse Project No. 24-32-144-00 (01)
ACCEPTANCE OF AGREEMENT AND AUTHORIZATION TO PROCEED
Firm Name: (Client)1
By: (Print Name)
Signature:
Title: Date:
Telephone No.
Email Address:
P.O. No./Billing Instructions2,3:
1 Invoices will be sent to the Client, who shall be responsible for payment thereof, unless notified otherwise. The Client is represented by a person with authority to financially commit to the scope of work herein and acknowledges that the person signing has read and understands the enclosed General Conditions. 2 Billing requirements, including backup documentation, should be mutually agreed upon and indicated here. Subsequent additions or changes should likewise be mutually agreed upon and submitted in writing with appropriate authorization. 3 It is understood by both contracting parties that only the driller’s work and utility locator’s work are subject to prevailing wage as defined by California Labor Code Sections 1770-1780.
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Converse Consultants PW2025
CONVERSE CONSULTANTS Prevailing Wage Schedule of Fees Personnel Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2025. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services (all including vehicle and equipment) Construction Inspector – ACI/ICC and/or AWS/CWI certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ............................... $150 DSA Masonry Inspector ........................................................................................................................................................... 150 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant, skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) .......................................................................................................... 155 Coring Technician .................................................................................................................................................................... 150 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) ....................................................................... 150 Sample Pick-Up ......................................................................................................................................................................... 60 Professional Services (consultation for field and office, if requested) Staff Professional ................................................................................................................................................................... $140 Senior Staff Professional .......................................................................................................................................................... 145 Project Professional ................................................................................................................................................................. 155 Project Manager ....................................................................................................................................................................... 160 Senior Professional .................................................................................................................................................................. 180 Principal Professional ............................................................................................................................................................... 210 Principal Consultant ................................................................................................................................................................. 225 Laboratory Testing Laboratory Technician ...................................................................................................................................................... Per Test (see Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor .............................................................................................................................................................. $85 Office Support Clerical/Word Processing ......................................................................................................................................................... $80 Drafting ....................................................................................................................................................................................... 85 CAD Operator/Drafting Manager ................................................................................................................................................ 90 Overtime and special shift rates for Field Services personnel are determined in accordance with Prevailing Wage law. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS milage rate per mile for company-owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, bonds, outside printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys’ fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Converse Consultants GLT2025
CONVERSE CONSULTANTS Schedule of Fees – Geotechnical Laboratory Testing
Compensation for laboratory testing services will be made in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project. This fee schedule is valid through December 31, 2025.
IDENTIFICATION AND INDEX PROPERTIES TESTS Visual Classification, ASTM D2488 ................................... 15.00 Engineering Classification, ASTM D2487 ......................... 20.00 Moisture Content and Dry (bulk) Density, ASTM D2216 and D2937 ............................................. 20.00 Moisture Content, ASTM D2216 .................................. 15.00 Shrinkage Limit, ASTM D4943 .......................................... 85.00 Atterberg Limits, ASTM D4318 Several points ............................................................ 150.00 One Point ..................................................................... 50.00 Particle Size Analysis, ASTM D6913 Fine Sieve, from +#200 to #4 ..................................... 100.00 Coarse and Fine Sieve, from #200 to 3 in .................. 180.00 Hydrometer ................................................................ 120.00 Percent Passing #200 Sieve, ASTM D1140 ...................... 80.00 Specific Gravity Fine, passing #4 sieve, ASTM D854 ............................ 90.00 Coarse, retained on #4 sieve, ASTM C127 .................. 90.00 Sand Equivalent Test, ASTM D2419 ............................... 110.00 Double Hydrometer Dispersion, ASTM D4221 ................ 150.00
COMPACTION AND BEARING STRENGTH Standard Proctor Compaction, ASTM D698 or ASTM D1557 Method A or B ............................................................ 200.00 Method C, 6” mold ...................................................... 200.00 California Impact Method, Caltrans 216 .......................... 200.00 R-value, ASTM D2844 and CTM301 ............................... 250.00 California Bearing Ratio (CBR), ASTM D1883 1 Point ........................................................................ 530.00 3 Points ...................................................................... 750.00 Relative Density 0.1 Cubic Foot Mold ................................................... 200.00 0.5 Cubic Foot Mold ................................................... 300.00
SHEAR STRENGTH Torvane/Pocket Penetrometer .......................................... 25.00 Direct Shear Quick Test .................................................................... 75.00 Consolidated, Drained, granular soil, ASTM D3080 ........................................................ 200.00 Consolidated, Drained, fine grained soil, ASTM D3080 ........................................................ 250.00 Consolidated, Undrained, fine grained soil ................. 200.00 Residual Strength, per cycle ........................................ 60.00 Remolded Specimens .................................................. 60.00
STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS (PER POINT) Unconfined Compression, ASTM D2166 ........................ 150.00 Unconsolidated, Undrained, ASTM D2850 ..................... 160.00 Consolidated, Undrained, per point ................................ 700.00 Consolidated, Drained, per point .................................... 700.00 With Pore Pressure Measurement, per load ................... 150.00 Remolded Specimen ......................................................... 90.00
CONSOLIDATION (ASTM2435) AND SWELL COLLAPSE (ASTM D4546) TESTS 8 Load Increments .......................................................... 220.00 Additional Load Increment ................................................ 50.00 Time-Ratio, per load increment ......................................... 90.00 Single Point, collapse test ................................................. 90.00
Single Load Swell, ASTM D4546 Ring Sample, Field Moisture ......................................... 90.00 Ring Sample, Air Dried ................................................. 90.00 Remolded Sample .............................................................. 60.00 Expansion Index Test, UBC 29-2/ASTM D4829 ................130.00
HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM D2434 ...........................................250.00 Falling Head Flexible Wall, ASTM D5084 .........................300.00 Triaxial Permeability, EPA 9100 ........................................350.00 Remolded Specimen .......................................................... 60.00
CHEMICAL TESTS Corrosivity (pH, resistivity, sulfates, chlorides) ..................220.00 Organic Content, ASTM D2974 .......................................... 80.00
Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request.
Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts-per-million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories. Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law.
Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis. Typical turnaround for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416-inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5-inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse.
Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts.
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Converse Consultants MTS2025
CONVERSE CONSULTANTS Schedule of Fees – Materials Laboratory Testing
Compensation for laboratory testing services will be based on rates in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through December 31, 2025. AGGREGATES Moisture Content, ASTM D2216 .............................................. 15.00 Particle Size Analysis Coarse, ASTM C136, each ............................................... 100.00 Coarse and Fine, ASTM C136 & C137), each .................. 180.00 Specific Gravity & Absorption Coarse Aggregate, ASTM C127 ......................................... 85.00 Fine Aggregate, ASTM C128 ............................................. 85.00 Unit Weight per Cubic Foot, ASTM C29 ............................. 75.00 Soundness, Sodium or Magnesium, ASTM C88, each ..... 200.00 Potential Alkali Reactivity, ASTM D289 ............................ 300.00 Freeze Thaw Soundness .................................................. 175.00 Los Angeles Abrasion, per class, ASTM C131, C535 ....... 220.00 Sand Equivalent, ASTM D2419 ........................................ 110.00 Lightweight Particles, ASTM C123, each ............................ 85.00 Clay Lumps & Friable Particles, ASTM C142, each .......... 120.00 Stripping Test, ASTM D1664, each .................................... 85.00 Organic Impurities, ASTM C40 ........................................... 75.00 Durability ...................................................................... By Quote CONCRETE TESTS Laboratory Trial Batch, ASTM C192 .................................. By Quote Laboratory Mix Design, Historical Data .............................. By Quote Compression Test, 6”x12” Cylinder, ASTM C39, each ............. 50.00 Lightweight Concrete Compression ...................................................................... 50.00 Unit Weight ......................................................................... 50.00 Specimen Preparation, Trimming or Coring, each ................... 60.00 Bond Strength, ASTM C321 Prepared by Converse...................................................... 150.00 Prepared by Others ............................................................ 80.00 Core Compression Test, ASTM C12, each .............................. 80.00 Flexure Test, 6”x6” Beams, ASTM C78, each ........................ 110.00 Modulus of Elasticity, Static, ASTM C469, each .................... 150.00 Length Change, ASTM C157, 3 bars, 5 readings each, up to 26 days .................................................................... 320.00 Splitting Tensile, 6”x12” Cylinders, each .................................. 80.00 Field Concrete Control (sampling, slump, temperature, cast 4 cylinders, molds, cylinder pick-up, within 10 miles of office, stand-by extra), ASTM/UBC, hourly rate schedule, or each cylinder .................................................. 95.00 Field Concrete Control (same as above plus air content test), ASTM/UBC, each cylinder .................................................. 95.00 Hold Cylinder ........................................................................... 10.00 Cylinder Mold, sent to job site but not cast by Converse or returned to Converse ............................................................ 5.00 MASONRY (ASTM C140, E447, UBC STANDARD 24-22) Moisture Content, as received, each ........................................ 20.00 Absorption, each ...................................................................... 50.00 Compression, each .................................................................. 55.00 Shrinkage, ASTM C426, each ............................................... 100.00 Net Area and Volume, each ..................................................... 25.00 Masonry Blocks, per set of 9 .................................................. 450.00 Masonry Core Compression, each........................................... 55.00 Masonry Core Shear, each ...................................................... 55.00 Masonry Core Trimming, each ................................................. 55.00 Compression Test, grouted prisms, 8”x8”x16”, each .............. 120.00 Compression Test, grouted prisms, 12”x16”x16”, each .......... 130.00 Compression Test 2”x4” Mortar Cylinder, each ................................................ 40.00 3”x6” Grout Prisms, each .................................................... 40.00 2” Cubes, ASTM C109, each .............................................. 40.00 Cast by Others ......................................................................... 40.00 Mortar or Grout Mix Designs .............................................. By Quote FIREPROOFING TESTS Oven Dry Density, per sample ................................................. 70.00
MOISTURE EMISSION TEST Moisture Emission Test Kit ......................................................70.00 ASPHALTIC CONCRETE Stability, Flow, and Unit Weight, ASTM D6927 .....................200.00 Marshall ASTM D1559, ASTM D2726 ...................................200.00 Measured Maximum Specific Gravity of Mix, ASTM D2041, Rice Method, each ............................................................95.00 Void Analysis of Cores or Marshall Specimens, Calculations Only, ASTM D3203, set of 2 or 3 ...................60.00 Laboratory Mixing of Asphalt & Concrete, per sample .............75.00 Complete Asphalt Concrete Mix Design Hveem or Marshall ...................................................... By Quote Extraction of Asphalt and Gradation, ASTM D2172, Method B, or California 310, including ash correction, each .............210.00 Extraction of Rubberized Asphalt & Gradation, each .............250.00 Specific Gravity, ASTM D2726 or ASTM D1188 Uncoated ...........................................................................95.00 Coated .............................................................................105.00 Immersion-Compression .......................................................400.00 Particle Coating, ASTM D2489 ...............................................60.00 Stripping, ASTM D1664 ..........................................................70.00 Moisture or Volatile Distillates in Paving Mixtures, or Materials Containing Petroleum Products or By-Products .....................................................................220.00 Retained Strength, ASTM D1074/D1075, 6 specimens ..... By Quote Retained Stability, Mil, Std, 520A, Method 104, 6 specimens ................................................................ By Quote CBR, ASTM D1883, including M/D Curve, 1 point ................350.00 Asphalt Temperature ...............................................................15.00 STRUCTURAL STEEL Tensile Test #9 Bar or Smaller, each ......................................60.00 Bend Test #9 Bar or Smaller, each .........................................60.00 Tensile Test #10 Bar or Greater, each ..................................280.00 Tensile Test #14 Bar, each ...................................................310.00 Rebar Coupler Tensile Test ..................................................100.00 Tensile Test, Welded #9 Bar or Smaller, each ......................100.00 Tensile Test, Welded #10 Bar or Greater, each ....................280.00 Tensile Test, Welded #14 Bar, each .....................................310.00 Tensile Test, Mechanically Spliced, #9 Bar or Smaller, each ................................................................................180.00 Tensile Test, Mechanically Spliced, #10 Bar or Greater, each ................................................................................350.00 HIGH STRENGTH BOLT, NUT, AND WASHER TESTING Wedge Tensile Test, A490 Bolts Under 100,000 lbs., each ..................................................65.00 Over 100,000 lbs., each ....................................................75.00 Wedge Tensile Test, A325 Bolts Under 100,000 lbs., each ..................................................70.00 Tensile Test, Anchor Bolts, tested with displacement transducers, each ............................................................300.00 Nut Hardness, Proof & Cone Proof Load Test, each ...............50.00 Washer Hardness, each ..........................................................40.00 A325 or A490, Bolt Hardness Only, each ................................40.00 Bolt A325 or A490 Wedge Tensile Under 100,000 lbs. & Hardness, each ...............................90.00 Over 100,000 lbs. & Hardness, each ...............................100.00 Bolt, Nut & Washer, all tests per set with bolts Under 100,000 lbs. ..........................................................300.00 Over 100,000 lbs. ............................................................380.00 See Schedule of Fees – Geotechnical Laboratory Testing for soil testing. Hourly rates are available upon request. Field Laboratory rates are available upon request. Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse.
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Converse Consultants GC99-1
CONVERSE CONSULTANTS General Conditions – Right of Entry Client warrants to Converse that it has full legal right to authorize Converse's entry upon the real property where Converse's services are to be performed ("Site" herein) and upon all property, if any, required for ingress and egress to the Site. Client authorizes Converse to enter upon the Site and such adjoining property as is necessary to allow Converse to perform its services. Converse will take reasonable precautions to minimize any damage to the Site; however, Client acknowledges that during the normal course of the performance of Converse's services, some damage to the Site may occur. The correction of any damage to the Site (surface or subterranean) shall be the obligation of the Client. Information Supplied by Client Client warrants the accuracy of any information supplied by it to Converse, acknowledges that Converse will not verify the accuracy of such information, and agrees that Converse is entitled to rely upon any such information. Client shall immediately notify Converse in writing of any data, information or knowledge in the possession of or known to Client relating to conditions existing at the Site and shall provide Converse with the location, size and depth of any and all underground tanks, piping or structures existing upon the Site. Client shall defend, indemnify and save harmless Converse, its officers, agents and employees from and against any and all claims, costs, suits and damages, including attorneys' fees, arising out of errors, omissions and inaccuracies in documents and information provided to Converse by Client. Ownership of Data and Documents; Samples All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by Converse shall remain the sole property of Converse. Client shall have the right to the use of all data, recommendations, proposals, reports, design criteria and similar information provided to it by Converse ("information" herein); provided, however, that the information shall not be used or relied upon by any party other than Client, save and except as may be required by the design and licensing requirements of the project for which the information is provided; further, such use shall be limited to the particular site and project for which the information is provided. To the extent Client utilizes Converse’s information by providing or making the same available to any third party (a) Client agrees to give written notice to any such third party that it may not utilize or rely on any aspect of Converse’s information and (b) Client agrees to defend, indemnify and hold Converse harmless against any and all claims, demands, costs, losses, damages and expenses, including attorneys fees, that may be asserted against or sought from Converse by any such third party. Client's right to the use of the information is expressly conditioned upon Client's prompt payment to Converse of all sums due under the Client/Converse agreement. In the event of Client's nonpayment or partial payment of said amounts, Client agrees that it shall not use any of the information for any purpose whatsoever and shall return the same to Converse within 2 business days upon demand. Converse will retain all samples of soil, rock or other materials obtained in the course of performing its services for a period of thirty (30) days. Thereafter, further storage or transfer of samples to Client may be made at Client's expense upon written request from Client to Converse received by Converse prior to the expiration of the 30-day period. Converse shall retain permanent records relating to the Converse services for a period of five (5) years following submittal of Converse's report, during which period the records will be made available to Client upon reasonable notice given by Client and upon payment to Converse of an amount sufficient to reimburse Converse for its necessary and reasonable expenses in making said records available. Standard of Care and Professional Responsibility Client acknowledges that the services to be performed by Converse involve the use of tests, calculations, analyses and procedures which are in a constant state of development, improvement and refinement and that, as such, improvements, changes in methods, and modifications of procedures have been made in the past, are now being made, and are expected to continue to be made in the future. Further, Client recognizes that, while necessary for investigations, commonly used exploration methods, such as drilling borings or excavating trenches, involve an inherent risk. For example, exploration on a site containing contaminated materials may result in inducing cross-contamination, the prevention of which may not be complete using presently recognized sealing methods. Client recognizes that the state of practice, including but not limited to the practice relating to contamination or hazardous waste conditions, is changing and evolving and that standards existing at the present time may subsequently change as knowledge increases and the state of the practice continues to improve. Client recognizes that projects containing contaminated materials may not perform as anticipated by Client, even though Converse's services are performed in accordance with the level of care and skill required of it. Further, certain governmental regulations relating to
hazardous waste sites may purport to require achievement of results which cannot be accomplished in an absolute sense. It is recognized that a satisfactorily designed, constructed and maintained monitoring system may assist in the early detection of environmental changes allowing for early correction of problems. Unless it is specifically included in the scope of services to be performed by Converse, Client understands that Converse shall not perform such monitoring. The services to be provided by Converse pursuant to the agreement to which these General Conditions are a part shall be provided in accordance with generally accepted professional engineering, environmental, and geologic practice in the area where these services are to be rendered and at the time that services are rendered. Client acknowledges that the present standard in the engineering and environmental professions does not include, and Converse does not extend to Client, a guarantee of perfection of the work contemplated hereby; further, that even in the exercise of normal and reasonable care, errors or omissions may from time to time occur. Except as expressly set forth in these General Conditions, no other warranty, express or implied, is extended by Converse. Converse shall have no duty to supervise, coordinate or otherwise be involved in the performance of services or work by any third-party consultant, contractor or subcontractor. Where Converse's services involve field observation of grading, filling and compaction (or any of them), it is agreed: a. That Converse shall in no way be responsible for the manner in which such work is performed by any third party. b. That in the event Converse is to provide periodic observation, Client acknowledges that Converse cannot be responsible for any work performed at a time or times when Converse was not performing its observation services. Converse will not provide an opinion concerning the performance of any third party, save and except to the extent that said work was in fact observed and tested by Converse during the course of construction. c. That where Converse's services include continuous observation, Client agrees not to allow grading, filling or compaction to be performed at any time or times when Converse is not physically present upon the Site and shall restrict the amount and extent of such grading, filling and compaction to that which can be properly observed by Converse personnel present on the Site. d. That in the event Converse is to conduct test borings for Client, Client acknowledges that the accuracy of said test borings relates only to the specific location in which the boring itself was performed and that the nature of many sites is such that differing subsurface soil characteristics can be experienced within a small distance. As such, Client acknowledges that greater accuracy is obtained when the number of test borings is increased. Technical Limitations Client acknowledges and agrees that: (1) it is unreasonable to expect Converse to be able to completely evaluate subsurface conditions, even after the most comprehensive exploratory program; (2) site conditions change frequently due to the passage of time, human activities, and climatic conditions and uncertainties are therefore inherent in the nature of Converse’s services and impossible to avoid; (3) the identification of geotechnical and environmental conditions and the prediction of future or concealed conditions is an inexact scientific endeavor; (4) the state of the art of geotechnical and environmental practice is such that Converse cannot guarantee that its recommendations will prove adequate on this project and the Client assumes the risk of any such failure, except as otherwise provided in these General Conditions and that (5) these General Conditions contains specific LIMITATIONS OF LIABILITY. Indemnity of Client and Limitation of Liability Converse shall indemnify Client, its officers, directors, agents or employees from any claim, demand or liability arising from personal injury or property loss or damage caused by the sole negligence or willful misconduct of Converse. Anything to the contrary in the agreement to which these General Conditions are attached or in these General Conditions notwithstanding, Converse's liability shall be limited to the lesser of the fees charged to Client by Converse for the services performed for Client, or the sum of fifty thousand dollars. Client may, at its option, increase the maximum amount for which Converse shall be liable by payment of an additional fee. For the maximum liability sum of one hundred thousand dollars, the additional amount to be paid shall be four percent of the total Converse fee charged hereunder; for the maximum liability sum of one million dollars, the additional amount to be paid shall be five percent of the total Converse fees charged hereunder Client acknowledges and agrees that its recovery, if any, shall be satisfied, in the first instance, from the proceeds of Converse’s insurance, and to the extent of any deficiency in the available insurance proceeds, then and only then, by Converse. Client acknowledges that Converse has agreed to charge Client a reduced fee for services in exchange for the above limitation of liability and that said reduction in fees is consideration for said limitation. Client shall defend and save harmless Converse, its officers, directors, agents and employees from all liability, claims and demands, including expenses of suit and
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E
Converse Consultants GC99-1
reasonable attorneys' fees arising from personal injuries, including disease and death, property loss or damage, injury to others (including personnel of Client, Converse or subcontractors performing work hereunder), and air or ground pollution or environmental impairment arising out of or in any manner connected with or related to the performance of Converse's services, except where there is a judicial determination that such injury, loss or damage shall have been caused by the sole negligence or willful misconduct of Converse. Client acknowledges that Converse has charged Client a reduced fee for services to be performed by it in exchange for this hold harmless and that the reduction in fees is consideration for said hold harmless provision. Converse will not be liable for consequential damages of any kind, nature or description. Hazardous Waste, Pollution and Health Hazard Projects ("Hazardous Projects" Herein) Prior to the commencement of services by Converse on any hazardous project, Client agrees to advise Converse in writing of any known hazardous waste or materials existing on or near the Site or if any of said services are to be performed in an area where dust, fumes, gas, noise, vibrations or other particulate or nonparticulate matter is in the atmosphere where it raises a potential or possible health hazard or nuisance to anyone working within the area. Anything in these General Conditions notwithstanding, Client shall indemnify and hold Converse, its officers, directors, agents, servants and employees, harmless from any claim, demand or action brought by any party whomsoever, including employees of Converse which claim, demand or action is based upon injury or damage caused or alleged to have been caused by hazardous wastes or hazardous materials whether or not such waste or materials were known to exist prior to the commencement of services. Client agrees to be responsible for the removal and disposal of any hazardous waste uncovered as a result of the site investigation, including drill cuttings, unless specifically included within the scope of work It is agreed that the discovery of unanticipated hazardous materials constitutes a changed condition mandating an immediate renegotiation of the scope of services or termination of services. Converse will at all times endeavor to perform in a faithful and trustworthy manner. Client understands that Client or Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency. Client also understands that Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency, and that Converse, when practical, will do so only after notifying Client. In the event Converse discovers hazardous material that we believe poses an immediate threat to public health and safety, Converse will use its best judgment to notify appropriate emergency personnel for immediate containment. Client agrees to take no action of any kind against Converse when Converse makes a good-faith effort to fulfill its obligations. Client's Responsibilities Client shall immediately provide Converse with full information in writing as to Client's requirements for the services to be provided by Converse and shall designate in writing within five (5) days of the effective date of the agreement to which these General Conditions are a part, a representative to act on Client's behalf in conjunction with the services to be provided hereunder. Client shall promptly review all documents, reports, data and recommendations submitted by Converse and shall communicate with Converse concerning such reviews for the purpose of avoiding delay in the performance of the services to be rendered by Converse. Client shall notify any third party who may perform on the Site of the standard of care being undertaken by Converse pursuant hereto and of the limitations of liability contained herein. Client shall require as a condition to the performance of any such third party a like indemnity and limitation of liability on their part against Converse. Confidentiality Converse shall hold all information provided to it by Client and the results of the work performed by it confidential and shall not disclose the same to any third party except where required by Governmental regulatory agencies or as otherwise required by law. Disputes Converse shall have the right to bring a legal action in a state or federal court against Client for any sums due or alleged to be due to it or for services rendered. Except for this right, Converse and Client agree that as an express condition to the right of either party to bring a legal action against the other, they shall first submit any dispute to mediation by a neutral person acceptable to both parties. Each party shall bear its own attorneys' fees, costs and other expenses, except that each party shall be responsible and pay for one-half of the costs and expenses of the mediator. In the event that legal action is required, the prevailing party shall be entitled to recover all of its costs incurred in connection therewith including, without limitation, staff time, court costs, attorneys' fees, consultant and expert witness fees and any other related expenses. In this regard, in order to make the prevailing party whole, the parties acknowledge and agree that the prevailing party shall be entitled to recover all of its costs incurred in connection with the legal action and shall not be limited to “reasonable attorneys fees” as defined in any statute or rule of court. The obligations, responsibilities, warranties and liabilities of the parties shall be solely those expressly set forth herein. Remedies and limitations of liability shall apply regardless of whether an action is brought in contract, or is based on either party’s negligence, or another theory of law. All of the rights, remedies, obligations, terms, conditions and limitations of liability stated herein shall extend collectively to and be binding upon the parties’ partners, joint ventures, licensors, successors, assigns, insurers, and affiliates. Client and Converse agree that any legal action with respect to the services to be performed under these General Conditions shall be brought against the parties, and not against individual officers, employees or former employees of the parties. All legal actions by either party against the other for breach of these General Conditions or for the failure to perform in accordance with the
applicable standard of care, however framed, that are essentially based upon such breach or failure shall be barred two (2) years from the time claimant knew or should have known of its right to make a claim, but, in any event, not later than four (4) years from substantial completion of Converse’s services. Jobsite Safety Converse shall be responsible for its activity and that of its employees on the Site. This shall not be construed to relieve the Client, its general contractor or any subcontractor of their obligation to maintain a safe jobsite. Neither the professional activities nor the presence of Converse or its employees and subcontractors shall be understood to control the operations of others, nor shall it be construed to be an acceptance of the responsibility for jobsite safety. Converse will not direct, supervise or lay out the work of the Client, contractor, or any subcontractors. Converse's services will not include a review or evaluation of the adequacy of the contractor's safety measures on or near the Site. Schedules Unless otherwise specified in the agreement, Converse shall be obligated to perform within a reasonable period of time. Converse shall not be responsible for delays in the completion of its services created by reason of any unforeseeable cause or causes beyond the control and/or without the fault or negligence of Converse, including but not restricted to acts of God or the public enemy, acts of the Government of the United States or of the several states, or any foreign country, or any of them acting in their sovereign capacity, acts of other contractors with Client, fire, floods, epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather. Should completion of any portion of the services to be rendered by Converse be delayed beyond the estimated date of completion for any reason which is beyond the control of or without default or negligence of Converse, then and in that event Client and Converse shall mutually agree on the terms and conditions upon which the services may be continued or terminated. Invoices Converse shall submit monthly progress invoices to Client, and a final bill shall be submitted upon completion of the services. Within thirty (30) days after receipt of an invoice, Client shall pay the full amount of the invoice. If Client objects to all or any portion of any invoice, it shall so notify Converse of the same within fifteen (15) days from the date of receipt of said invoice and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion of the invoice. If Client fails to make payment within thirty (30) days after receipt of an invoice, then Client shall pay an additional monthly service charge of one and one-half percent (1½ %) on all such amounts outstanding. The additional charge shall not apply to any disputed portion of any invoice resolved in favor of Client. In the event Client fails to pay any undisputed amount to Converse when due, Converse may immediately cease work until said payment together with a service charge at the rate of 1½ % per month, as specified above, from the due date has been received. Further, Converse may, at its sole option and discretion, refuse to perform any further work irrespective of payment from Client. In the event that all or any portion of the 1½ % service charge provided for herein is deemed to be an interest charge, then and in that event said interest charge shall be limited to the maximum amount legally allowed by law. Client acknowledges Converse’s fee schedules are revised annually and agrees that the fee schedule in effect at the time the services are performed shall apply to such services. Insurance Converse represents that it now carries, and will continue to carry during the term of the contract to which these General Conditions are a part, Workers Compensation insurance and that, if requested, Converse shall provide to Client certificates as evidence of the aforementioned insurance. Assignments Client shall not assign this contract or any portion thereof to any other person or entity without the express written consent of Converse. Nothing contained in this contract or any part thereof shall be construed to create a right in any third party whomsoever, and nothing herein shall inure to the benefit of any third party. Severability If any provision of these General Conditions is finally determined to be contrary to, prohibited by, or invalid under applicable laws or regulations, such provision will be renegotiated so as to give effect to the intent of the parties to the maximum possible extent. Such determination and renegotiation shall not affect of invalidate the remaining provisions or these General Conditions. Governing Law These General Conditions shall be governed by and construed under the laws of the State of California.
Docusign Envelope ID: 5CFDE390-C13F-4EB8-A573-21EDC5C2450E