Agreement - Geo-Etka - Project 341 - 2024-12-021
CONSULTANT AGREEMENT Project #341 – Preliminary Subsurface Soil Investigation
This Agreement is made and effective as of December 2, 2024 between the Costa Mesa Sanitary District, a sanitary district ("District") and GEO-ETKA, Inc. a corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
Recitals
WHEREAS, District requires preliminary subsurface soil investigation services; and
WHEREAS, Consultant is experienced in providing soil engineering and geology services to clients; and
WHEREAS, Consultant is knowledgeable about California legal requirements for
local government entities and is competent to provide services required hereby.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1.TERM
This Agreement shall commence on December 2, 2024, and shall remain and continue in effect unless sooner terminated pursuant to the provisions of this Agreement. This Agreement shall be for a period of three months.
2.SERVICES
Consultant shall provide soil engineering and geology services. These servicesshall meet the requirements of State law and shall be performed in accordance with the
proposal set forth as Exhibit A.
3.PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of its ability,
experience, and talent perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
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4. PAYMENT The District agrees to pay Consultant a sum not to exceed thirty-two thousand,
one hundred twenty dollars ($32,120.00) to provide soil engineering and geology
services. The payment shall identify the tasks performed and deliverables and shall correspond to the scope of work.
5. SUSPENSION OR TERMINATION OF AGREEMENT (a) Either party may terminate the Agreement without cause by giving 30 days’ notice. In the event of such termination, Consultant shall be entitled to be paid
for work performed up until the time of termination provided the work product
is produced for District’s use. (b) In the event of default, no compensation shall be paid, and the Agreement may be terminated in 5 days provided an opportunity to cure is provided in that time period.
6. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect
to the project and such other information required by District that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the
representatives of District or its designees at reasonable times to such books and records; shall give District the right to examine and audit said books and records; shall permit District to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years
after receipt of final payment. (b) Upon completion, termination or suspension of this Agreement all other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused
or otherwise disposed of by the District without the permission of the Consultant. 7. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless District and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs
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to the extent the same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance
of professional services under this Agreement.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless District, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings, loses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual or
entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant.
8. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “B” attached to and part of this Agreement. Such insurance shall include commercial general liability, and current
automotive and worker’s compensation. A certificate of insurance shall be submitted.
9. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the District a wholly
independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither District nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents,
except as set forth in this Agreement.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for District. District shall not be liable for compensation
or indemnification to Consultant for injury or sickness arising out of performing services hereunder. In addition to the indemnity provisions in Paragraph 7, Consultant shall indemnify District for any claims that any officer, agent or employee of Consultant is eligible for pension or other fringe benefits provided to District’s employees.
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10. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of State and Federal laws and
regulations, which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
11. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure has been
used against or in concert with any officer or employee of the Costa Mesa Sanitary District
in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement or financial inducement. No officer or employee of the Costa Mesa Sanitary District will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in
connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the District to any and all remedies at law or in equity.
12. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of District, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to any project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceed thereof, for work to be performed in
connection with the project performed under this Agreement. 13. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without District's prior written authorization. Consultant, its officers, employees, agents or subconsultants, shall not without written authorization from the General Manager or unless requested by the
District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives District notice of such court order or subpoena.
(b) Consultant shall promptly notify District should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party
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regarding this Agreement and the work performed thereunder or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar
proceeding. Consultant agrees to cooperate fully with District and to provide the
opportunity to review any response to discovery requests provided by Consultant. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response.
14.NOTICES
Any notices which either party may desire to give to the other party under thisAgreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express,
which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To District: Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, California 92626 Attn: General Manager
To Consultant: GEO-ETKA, Inc. 1801 E. Helm Avenue Suite 202 Orange, CA 92865
15.ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without prior written consent of the District.
16.LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services described
in this Agreement.
17.GOVERNING LAW
The District and Consultant understand and agree that the laws of the State ofCalifornia shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
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this Agreement shall take place in the municipal, superior or federal district court with jurisdiction over the Costa Mesa Sanitary District.
18.ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating tothe obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
19.AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants
and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
20.INTERPRETATION
In the event of conflict or inconsistency between this Agreement and any otherdocument, including any proposal or Exhibit hereto, this Agreement shall control unless a contrary intent is clearly stated.
21. NO ORAL MODIFICATION
This Agreement may not be modified orally, but only by a writing signed by persons having the legal authority to bind their clients.
22.PREVAILING WAGES
(a)The provisions of Section 1776 of the Labor Code regarding the preparation,maintenance, and filing of payroll records are applicable to this AGREEMENT. Eachcontractor and subcontractor shall keep accurate payroll records showing the name,
address, social security number, work classification, straight time and overtime hoursworked each day and week, and the actual per diem wages paid to each journeyman,apprentice, worker, or other employee employed by him or her in connection with thepublic work. Certified payroll records shall be on forms provided by the Division ofLabor Standards Enforcement or contain the same information. THE
CONTRACTOR’S AND SUBCONTRACTOR’S PAYROLL RECORDS SHALL BESUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BERESPONSIBLE FOR SUBMITTAL OF SUBCONTRACTOR’S PAYROLL RECORDS.Additionally, CONTRACTOR or subcontractor has 10 days in which to complysubsequent to receipt of a written notice requesting the records enumerated in Section
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1776, subdivision (a), of the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to DISTRICT, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. DISTRICT may deduct
this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT.
(b)Contractor shall submit electronic payment records to the Department of
Industrial Relations.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
COSTA MESA SANITARY DISTRICT GEO-ETKA, INC.
__________________________ __________________________ General Manager Chief Executive Officer
APPROVED AS TO FORM:
__________________________
District Counsel
ATTEST:
___________________________ District Clerk of the Board
Ahmed Ali, President
December 11, 2024
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GEO-ETKA, INC.
Established 1965
Soil Engineering and Geology
Material Testing and Inspections
1801 E. Heim Avenue, Suite 202, Orange, California 92865 ● Phone (714) 771-6911● Email: geoetka@aol.com
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February 9, 2023 Via email to: mesquer@cmsdca.gov
Revised 02-15-23 cc: mlbenesh@robhamers.com
2nd Revision 02-20-23, 3rd Revision 09-01-24
4th Revision 09-19-24, 5th Revision 09-24-24
Reissued 11-26-24
Costa Mesa Sanitary District
290 Paularino Avenue,
Costa Mesa, California 92626
Attention: Mr. Mark Esquer
Subject: Proposal for a Preliminary Subsurface Soil Investigation
Project: Proposed CMSD Project #341, Elden PS Redundant Sewer Forcemain under
State Route 55, Northeast of the intersection of
Newport Boulevard and Mesa Drive, Costa Mesa, California
Dear Mr. Esquer,
As requested, we are pleased to prepare/revise this cost estimate for the subject work.
We understand that the sewer line will be constructed under the highway in a pipe casing. The
casing will be installed in bore and jack trenchless operation.
Onsite soils are mapped as young alluvial; deposits consisting of silt and sand. The area is also
known for pockets of older Paralic sandy deposits. No known seismic hazards in the immediate
area.
We now propose to drill six (6) boreholes, 2 to 15 feet and 4 to 30 feet depths, at pre-determined
accessible locations. The location of the boreholes is expected to be in City public right of way or
on private properties. Fees and permits are not part of this cost proposal. Work within Caltrans
right of way is not anticipated. However, if any work within Caltrans right of way requires
collaboration with Caltrans by the designer. Caltrans fees and obtaining permits should be secured
by the project designer.
Traffic control plans and onsite traffic control on City and private properties will be according to
the WATCH MANUAL. Traffic control plans and onsite traffic control in Caltrans right of way
will be secured by others.
Exhibit A
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Costa Mesa Sanitary District GEO-ETKA, INC.
Project: CMSD #341, Elden PS Sewer Forcemain, Costa Mesa February 9, 2023
Reissued 11-26-24
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Scope of Work
The soil report includes discussions for the following and geotechnical recommendations:
1. Site Conditions.
2. Proposed Development.
3. Subsurface work includes six (6) boreholes.
4. Soil Type Exposed: List soil type based on USCS classification.
5. Excavation Characteristics: Discuss difficulty and caving potential.
6. Discuss groundwater condition.
7. Conduct laboratory testing including moisture, density, sieve analysis, friction angle,
cohesion, unit weight, resistivity, pH, soluble sulfate, chloride, sulfide, and redox.
8. Discussion of regional geology and the exposed underlying soils, location of faults, and
ground motion.
9. Discussion of secondary geologic hazards such as liquefaction analysis, seismic settlement,
stability of the site, subsidence, Seiches, and tsunamis.
10. Site Class: Establish the seismic design parameters for the site and site class.
11. Soil Recommendations for:
Site preparation.
excavation preparation.
Expansion characteristics.
Corrosion testing.
Surface and subsurface drainage.
OSHA soil classification, and cement type. Earthwork recommendations.
Excavation characteristics.
Safe un-surcharged excavation. Excavation setbacks.
Settlement adjacent to open cut. Temporary shoring.
Cantilever shoring.
Braced shoring.
Soil bearing capacity.
Modulus of soil reaction.
Young’s modulus.
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Costa Mesa Sanitary District GEO-ETKA, INC.
Project: CMSD #341, Elden PS Sewer Forcemain, Costa Mesa February 9, 2023
Reissued 11-26-24
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12. Design Recommendations for:
Shallow conventional foundation depth and minimum reinforcement.
Allowable vertical and lateral bearing capacity for foundation.
Lateral earth pressure and resistance to lateral loads.
Coefficient of friction between soil and steel.
Coefficient of friction between soil and concrete.
Temporary shoring recommendations and lagging size.
Skin friction.
Frictional Coefficient.
Active earth pressure.
Passive earth pressure.
At Rest earth pressure.
Undrained shear strength of soil.
Soil internal friction.
Unit weight.
CBC seismic design parameters.
Static and Seismic Settlement (total and differential).
Modulus of subgrade reaction.
Recommendations for backfill of bore and receiving pit.
Influence of tunneling on adjacent structures.
Estimated of surface settlement over pipe.
Dewatering input.
Pavement recommendations, if required.
Slab on grade thickness and reinforcement.
Flatwork recommendations, if required.
Pipe bedding.
13. Subsurface Work
Drill six (6) exploratory Boreholes to maximum depth of 30 feet or practical refusal.
14. Logging and Sampling
Field engineer for logging, observe excavation resistance/caving.
Field technician for soil sampling.
Prepare boring logs.
Laboratory test for a soil sample soil from the tested horizon.
Graphical representation of test results
15. Report Preparation
Preparation of a soil investigation report to include the above items.
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Costa Mesa Sanitary District GEO-ETKA, INC.
Project: CMSD #341, Elden PS Sewer Forcemain, Costa Mesa February 9, 2023
Reissued 11-26-24
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16. Field work includes the following:
Mark borehole locations.
Provide office assistance to obtain a permit from City.
Call DIG Alert, USA to mark utilities.
Provide limited traffic control in accordance with the Watch Manual.
17. Utility Locator Services
We plan to utilize GPRS to locate underground utilities using the following equipment:
1. Underground scanning GPR Antenna.
2. Electromagnetic pipe locator.
3. Traceable Rodder.
4. GPS.
During this survey, a representative of our office will be on site for coordinating the work
planned. Our fee for these services will be two thousand nine hundred ($2,900.00) dollars.
18. Summary of Fees
Our Total Fee for the above services, inclusive of drilling, soil sampling, testing and report
will be thirty two thousand one hundred and twenty dollars, ($32,120.00), and is based on
prevailing wages. Please note that traffic control, fees and permits are not part of this cost
proposal.
Also, note that the Analysis of cobble size for jacking/boring is not included in the fee estimate as
we do not expect cobbles at this site, mostly young alluvial deposits. The scope of work of this
proposal excludes any infiltration testing, liquefaction study or engineering geology investigation.
If required, Geo-Etka, Inc. will provide a separate cost estimate for these items.
ITEM UNIT QUANTITY BILLING
RATE COST ($)
Mark for USA Hr LS LS 500.00
Field Engineer Hr 24 145.00 3480.00
Flagman Hr 24 145.00 3480.00
Flagman Hr 24 145.00 3480.00
Assistant for slurry placement Hr 24 145.00 3480.00
Equipment Ea LS 6600.00 6600.00
Traffic Control per Watch Manual Ea LS 800.00 800.00
Material (slurry, cement, concrete) Ea LS LS 2000.00
Laboratory Testing Ea LS LS 2900.00
Report Ea LS 3000.00 3000.00
Utility Locator Services Ea LS 2900.00 2900.00
TOTAL REVISED COST 32,120.00
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Costa Mesa Sanitary District GEO-ETKA, INC.
Project: CMSD #341, Elden PS Sewer Forcemain, Costa Mesa February 9, 2023
Reissued 11-26-24
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The above fee is for the Preliminary Report only. The testing for the construction phase which
includes grading, footings, utilities, retaining wall backfill, and parking areas, etc. will be billed on
a T&M basis as per the attached fee schedule.
A copy of the plans and foundation loads showing the proposed construction limits are needed to
issue the report.
The estimated time to complete the field and laboratory investigation, and issue the final report is
approximately 25 working days from the starting date of the project. The starting date is subject
to the receipt of the accepted proposal by Geo-Etka, Inc., approved and signed by the client along
with the retainer fees.
Although a concerted effort will be made to present the Geotechnical information in a complete
and concise manner, the possibility exists that under the jurisdiction of the governing agency at
least one review will be made asking for supplemental data or analyses. Normally these reviews
request clarification or supplemental discussion. Predicting the extent of the review is a variable
that cannot be quantified. As a result, any additional costs associated with the response to the
review will be on an hourly basis with an estimate provided upon receipt of the review.
If this proposal meets with your approval, please sign below and return one (1) copy of this
proposal along with attached terms and conditions initialed to this office with the
appropriate purchase order and/or retainer fees, as applicable. Your approval of this proposal
acknowledges that you have received and agree to abide by Geo-Etka, Inc.’s terms and conditions.
If you have any questions regarding this proposal, please call this office anytime Monday through
Friday between the hours of 8:00 am to 5:00 pm.
GEO-ETKA, INC. Client: Costa Mesa Sanitary District
Estimate Prepared by: Approved by: Mr. Mark Esquer
_______________________ ________________________________
Ahmed Ali, President Signature Date
Note The following 3 attachments are a part of the proposal, please complete and return:
Attachments: (1) Project Data (2) Schedule of Fees (3)Terms and Conditions.
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Costa Mesa Sanitary District GEO-ETKA, INC.
Project: CMSD #341, Elden PS Sewer Forcemain, Costa Mesa February 9, 2023
Reissued 11-26-24
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GEO-ETKA, INC. CLIENT INFO SHEET
Please fill out the following to assist this office in completing the report. Please include billing name
and address:
Project’s Exact Address: ___________________________________________________________
___________________________________________________________
Owner’s Name: ___________________________________________________________
Address: ___________________________________________________________
___________________________________________________________
Phone: __________________________ Email: __________________________
General Contractor’s Name: ___________________________________________________________
Address: ___________________________________________________________
___________________________________________________________
Phone: __________________________Email: ___________________________
Architect’s Name: ___________________________________________________________
Address: ___________________________________________________________
___________________________________________________________
Phone: __________________________ Email: __________________________
Structural Engineer Name: ___________________________________________________________
Address: ___________________________________________________________
___________________________________________________________
Phone: __________________________ Email: __________________________
Civil Engineer Name: ___________________________________________________________
Address: ___________________________________________________________
___________________________________________________________
Phone: __________________________ Email: __________________________
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Costa Mesa Sanitary District GEO-ETKA, INC.
Project: CMSD #341, Elden PS Sewer Forcemain, Costa Mesa February 9, 2023
Reissued 11-26-24
Page 1 of 2 ___________
Clients Initials
Terms and Conditions
SECTION 1: RIGHT OF ENTRY:
The client will provide for right of entry for Geo-Etka, Inc., its employees and/or its representative, for any
and all necessary equipment required onsite in order to complete the task.
SECTION 2: UTILITIES:
In the scope and performance of the work, Geo-Etka, Inc. will take all reasonable precautions to avoid
damage or injury to subterranean structures or utilities. The owner/client and/or his representatives agree
to hold Geo-Etka, Inc. harmless for any damages to subterranean structures which were not brought to the
attention of Geo-Etka, Inc. and/or not correctly shown on the plans furnished.
SECTION 3: SAMPLES:
Geo-Etka, Inc. will retain all soil and rock samples for 30 days. Further storage or transfer of the samples
will be made upon the written request of the client for a fee, to be paid in advance.
SECTION 4: INVOICES:
Geo-Etka, Inc. will submit invoices to client regularly and a final bill upon completion of services. Detailed
charges will be provided at clients request. Payment is due upon presentation of invoice and considered
past due fifteen (15) days from date of invoice. Client agrees to pay a finance charge of one and one-half
(1 ½%) per month, or the maximum rate as allowed by law on past-due accounts
SECTION 5: OWERSHIP OF DOCUMENTS:
All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other
documents prepared by Geo-Etka, Inc. as instruments of service, shall remain the property of Geo-Etka,
Inc. Client agrees that all reports and other work furnished to the client or his agents, which is not paid for
will not be used by the client for any purpose whatsoever.
Geo-Etka, Inc. will retain records for a period of five (5) years. Copies of the records can be obtained by
the client for a nominal charge.
SECTION 6: INSURANCE:
Geo-Etka, Inc. represents that its employees is protected by worker’s compensation insurance and that
Geo-Etka, Inc, has such coverage and deems it to be adequate as required by law. Certificates for all such
policies of insurance shall be provided to client upon request in writing. Within the limits and conditions of
such insurance, Geo-Etka, Inc. agrees to indemnify and save client harmless from and against any loss,
damage or liability arising form a negligent acts by employees of Geo-Etka, Inc. for workmen compensation
related injuries.
SECTION 7: ASSIGNS:
The client and/or owner of the real property may not delegate, assign, sublet or transfer his duties or
interest in his agreement without the written consent of Geo-Etka, Inc.
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Costa Mesa Sanitary District GEO-ETKA, INC.
Project: CMSD #341, Elden PS Sewer Forcemain, Costa Mesa February 9, 2023
Reissued 11-26-24
Page 2 of 2 ___________
Clients Initials
Terms and Conditions (continued)
SECTION 8 STANDARD OF CARE:
Services performed by Geo-Etka, Inc. under this agreement will be conducted in a manner consistent with
that level of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
No warranty expressed or implied, is made. Client recognizes that subsurface conditions may vary from
those encountered at the location where borings, surveys, or explorations made by Geo-Etka, Inc. and that
the data, interpretations and recommendations by Geo-Etka, Inc. are based solely on the information
available and/or provided by the client.
Interpretation of the project data can vary and therefore Geo-Etka, Inc. shall not be responsible for the
interpretation by others of the information and recommendations made by Geo-Etka, Inc. and any cost
overruns on the project due to that interpretation.
SECTION 9 LIMITATION OF LIABILITY:
The owner/client agrees to hold Geo-Etka, Inc. and its employees, and/or its assignee harmless for any
and all liability, including costs and all attorney’s fees for injury or damage to property or person which in
any manner is caused or occasioned on the project by Geo-Etka, Inc., its employees and/or agents. In no
event shall Geo-Etka, Inc. be liable to owner/client for any special or consequential damages beyond the
stated total fees charged by Geo-Etka, Inc. for the project or $20, 000 (Twenty Thousand Dollars)
whichever is less. The owner/client further agrees to required that their contractor and his subcontractors
provide an identical limitation of liability for Geo-Etka, Inc. for any damages incurred by the contractor or
the subcontractor.
SECTION 10 ARBITRATION:
Any controversy, dispute or claim arising out of the interpretation or performance by Geo-Etka, Inc. shall
be resolved by binding arbitration, and in accordance with the rules of California Arbitration Act (California
Code of Civil Procedure 1280-1294.2). The arbitrator shall apply California substantive law and the
California Evidence Code to the proceeding. The arbitrator shall prepare in writing and provide to the
parties the factual findings and the reasons on which the decision is based. The arbitrator shall not have
the power to award punitive damages but will have the power to grant legal and equitable remedies and
award compensatory damages, if any, as provided by the California Law. The arbitrator shall not have the
power to commit errors of law or legal reasoning, and the award may be vacated or corrected pursuant to
California Code of Civil Procedure 1286.2 or 1286.6 for any such errors.
SECTION 11: TERMINATION:
This agreement may be terminated by either party upon seven (7) days written notice should either party
not perform in accordance of the terms hereof. Prior to the completion of the project, termination will
automatically be assumed by Geo-Etka, Inc. if another consultant is hired to provide similar services
subsequent to Geo-Etka, Inc. being on the project or in the event that Geo-Etka, Inc. is not called back to
the project site. In the event of termination, Geo-Etka, Inc. shall be paid for all services performed to the
date of the termination notice plus reasonable termination expenses, but no later than 15 days form the
date of the termination notice. If the client hires another consultant in lieu of Geo-Etka, Inc. the client
relieves Geo-Etka, Inc. of any and all liability associated with the project.
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GEO-ETKA, INC.
Established 1965
Soil Engineering and Geology
Material Testing and Inspections
1801 E. Heim Avenue, Suite 202, Orange, California 92865 ● Phone (714) 771-6911● Email: geoetka@aol.com
SCHEDULE OF FEES- PREVAILING WAGES
GEOTECHNICAL
$400.00 /hour
145.00 /hour
D-2216 50.00 /each
D-1557 285.00 /sample
C-216 250.00 /sample
CBC/UBC-29-2 310.00 /sample
D-4318 275.00 /sample
D-422 255.00255.00
/sample/sample D-422
195.00 /sample D-2419C-417 175.00 /each
295.00 /sample
450.00 /sample C-2844
355.00 /sample
650.00 /sample
900.00 /sample
D-1883 710.00 /sample
450.00 /sample
D-3080 420.00 /sample
D-2435 0.72 /mile
Engineer or Geologist
Soil Technician
Ring Sample Moisture Density
Maximum Density
California Impact
Expansion Index Test
Atterberg Limits
Gradation-Sieve Analysis
Hydrometer Analysis
Sand Equivalent
Soluble Sulphate
Corrosivity,Sulphate, pH & Resistivity Series
Resistance “R” Value Test Data
Asphalt Hveem Maximum Density
Hveem Stability (asphalt)
California Bearing Ratio CBR (complete)
Asphalt Extraction with Sieve Analysis Direct
Shear Test 3 Points
Consolidation Test
Mileage (portal to portal)
Note: All field charges are portal to portal with a four (4) hour minimum and in two (2) hour increments
thereafter.
MATERIAL TESTING AND INSPECTIONS
Please call us for a quote for special testing or inspections.
Deputy Inspector- (excludes City of Los Angeles and City of Long Beach)
Deputy Inspector- (for the City of Los Angeles and City of Long Beach)
$150.00 /hour
$180.00 /hour
Note: - All inspections are a four (4) hour minimum before 11:00am and an eight (8) hour minimum
extending past 11:00am or with over four (4) hours inspection.
Concrete Pick-Up – minimum charge for maximum 8 cylinders
Concrete Break and Storage per cylinder-
$ 85.00 /trip
$ 45.00 /cylinder
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CLIENT’S INITIALS
This fee schedule is effective January 1, 2024 and is subject to change without notice
Docusign Envelope ID: E29D62C7-1243-4295-8CFA-995A88100563