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Contract - GEO-ETKA - 2008-02-28 AGREEMENT FOR SOILS ENGINEERING CONSULTANT SERVICES PROJECT #187 CORPORATE YARD THIS AGREEMENT is made and effective as of February 28 2008 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: 1 TERM This Agreement shall commence on February 28 2008 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31 2008 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the tasks described and set forth in Exhibit A attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A 3. PERFORMANCE Consultant shall at all times faithfully competently and to the best of his/her/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. 4. DISTRICT MANAGEMENT District's Manager shall represent District in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. The District Manager shall be authorized to act on District's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant's compensation, subject to Section 5 hereof 5. PAYMENT (a) The District agrees to pay Consultant monthly in accordance with the payment rates, terms and schedule of payment as set forth in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks This amount shall not exceed three thousand two hundred fifty dollars ($3,250) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein unless such additional services are authorized in advance and in writing by the District Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by District Manager and Consultant at the time District's written authorization is given to Consultant for the performance of said services. The District Manager may approve additional work not to exceed the greater of fifteen- thousand dollars ($15 000 00) or two percent (2%) of the total contract sum which shall be a cumulative limit. Any additional work in excess of this amount shall be approved by the Board of Directors (c) Consultant will submit invoices for actual services performed Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees If the District disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The District may at any time for any reason with or without cause, suspend or terminate this Agreement, or any portion hereof by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice the consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the District shall pay to Consultant the actual value of the work performed up to the time of termination provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the District pursuant to Section 5 7 DEFAULT OF CONSULTANT (a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the District Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the Consultant fails to cure its default within such period of time the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to the project and other such 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. With respect to computer files, Consultant shall make available to the District, at the Consultant's office and upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. 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 to the extent 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 attorneys 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. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by for with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of District to monitor compliance with these requirements imposes no additional obligations on District and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend District as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (d) Indemnity Provisions for Contracts related to Construction. Without affecting the rights of District under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless District for liability attributable to the active negligence of District, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where District is shown to have been actively negligent and where District's active negligence accounts for only a percent of the liability involved the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of District. 10. 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. (A certificate of insurance should be attached.) 11 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. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers employees, or agents of the District. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against District, or bind District in any manner 4 (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 12. 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. 13. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the 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 14 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 the 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 proceeds thereof for work to be performed in connection with the Project performed under this Agreement. 15. 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 District 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. S (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 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 Districts right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response 16. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service (H) 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 628 West 19th St Costa Mesa, CA 92627 Attn. District Clerk To Consultant: Geo-Etka, Inc. 739 North Main Street Orange CA 92868 Attention. Ahmed Ali 17 ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof nor any monies due hereunder without prior written consent of the District. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Ahmed Ali shall perform the services described in this Agreement. Ahmed Ali may use assistants under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide District fourteen (14) day's notice prior to the departure of Ahmed Ali from Consultant's employ Should he/she leave Consultant's employ the District shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period Upon termination of this agreement, Consultant's sole compensation shall be payment for actual services performed up to and including, the date of termination or as may be otherwise agreed to in writing between the Board of Directors and the Consultant. 6 18. 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. 19 GOVERNING LAW The District and Consultant understand and agree that the laws of the State of California shall govern the rights obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with jurisdiction over the Costa Mesa Sanitary District. 20 ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21 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 22. INTERPRETATION In the event of conflict or inconsistency between this Agreement and any other document, including any proposal or Exhibit hereto, this Agreement shall control unless a contrary intent is clearly stated. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. COSTA MESA SANITARY DISTRICT CONSULTANT iv\— 4 lb\ -(/ Distric anager Signatur Ahmed Ali ATTEST Typed Name President iiqUk Title 4 D ,rict Clerk = APPROVED AS TO FORM. A4( dfj;-z42,-=A:---, District Counsel 8 CEO ETK, '14'7112'°8 Apr 0E1 1 10AM Page 1 GEO-ETKA, INC Established 1965 Soil Engineering, Gedlagy And Environmental Engineering Material Testing And Inspections .9N. PAAIN STREET,ORANGE CALIFORNIA 92966 PHONE(714)771-6911 FAX:(714)771-1270,1Ern$I yM,wlka©aol,corn L' AS February 18, 2008 Costa Mesa Sanitary District (CMSD) is fax to Mr litobert Thornton 628 W 19th Street, (949) 215-5927 Costa Mesa, California 92627 lttentiou. Robin B. Homers Subject: Proposal for a Foundation Soils Exploration and Pavement Design Recommendations Project: Proposed office building and yard to be located at 174 West Wilson Street, Costa Mesa, California Dee- Robin: hi accordance with your architect Mr Robert Thornton requlest* Gen-Etka, Inc. is pleased to submit this proposal to provide Geotechnical Services foyr a Foundation Soils Investigation and Pavement Design Recommendations. The scope of work would include, hut is not limited to the following. l We will utilize 4 borings 15 feet in maximum depth. The:exict depth will depend on the soil encountered. 2. We will determine the d.xtent of loose or un-compacted fills, ill.any should exist, to the best of our capability 3 We will perform laboratory analysis of the soils samples as is necessary to determine classificatidns, bearing capacities, friction values, anticipated settlements, and expansive characteristics. 4 Ground water condition6. if encountered, will be noted in our•obscrvatious. 5 Recommendations concerning preparations and compaction of the sub-grade and the proposed fills will be detailed in the report. 6. We will perform It value test and recommend paving sections for the proposed street. Jr t Oy (FO -TKA 71477112'8 Apr 2 08 11 10AM Page 2 i i Costa Mesa Sanitary District (CM SD) ! 4EO-ETKA, INC Project: proposed office building and yard to be located at February 18, 2008 174 West Wilson Street,Costa Mesa,California I 7 We will take a test for sulphate and note if special type concrete is required. 8. We will test to determine the pH and Resistivity o£the soil 1, based on the test, note if cathodic protection isirequired for the underground metric pipes 9 We will perform 3 plasticity index tests. II I 10 We will submit four r spies of the report. This report W ill contain pertinent Geotechnical data and r;commendations necessary for thc(pr4posed construction. I ! C Our fee for the above services, which includes the cost of the chilling, will be two thousand nine hundred dollars, ($2,900.00). ' i 1I Our fee to review, approve and stamp the grading plans, or ssue a plan review report will be three hundred fly dollars, ($350.00), and is not included in the above estimate. i I Please note that the scope of work of this proposal does not'' inFlude a liquefaction study, Eu&neerin>r Geoloev Investigation or EnvifontnentalJTc}stia . if required, Geo-Etka,Inc.will provide a Separate cost estimate for these items. The estimated time to complete, the held and laboratory investigftion, and issue the final report is approximately 15 w rking days from the starting date;of the project. The starting date is subject to th� receipt of the accepted proposal. by Geo-Enka, Inc. Approved and signed by the elibnt along with the retainer fees. i A copy of the plans and foundation loads showing the proposed construction liutits arc needed to issue the report. The client also needs to profridc Geo-Etka, Inc. with the alddresscs of the owner, construction lender and contr. ctor for our records and in ordeif toy issue the report. In cases where this information i currently not available, the died should ensure that this information is furnished to Geo-Etka, Inc. as soon as it is available. Although a concerted effort will be made to present the Geotechr4cal information in a complete and concise manner the possibility exists that undeelI the jurisdiction of the governing agency at least on review will be made asking f-r supplemental data or- analyses. Normally these rr �tews request clarification or s Se-mental discussion. Predicting the extent of the review is a variable that cannot be 'quantified. As a result, I. 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 1 2 I ,rn By GEO ETKA 7147711278 Apr 08 11 10AM Page 3, ' I Costa Mesa Sanitary Distnct (CMSD) qEO-ETKA, INC. Project: proposed office buildingland yard to be located at February 18, 2008 174 West Wilson Street, Costn Mesa,California I i Invoices for services will be rendered upon completion of all work. Payment is due upon presentation of the invoice. Please notify us of any invoice errjrr Within 10 days of the receipt of the invoice: thereafter'the invoice shall be deemed corr;c„t_, If this proposal meets with your approval, please sign below ar rturn one (1) copy of this proposal along with attached terms and conditions initialc(l to this office with the appropnate purchase order ariei/or retainer fees, if applicable. I Your approval of tins proposal also acknowledges that you have received and agree to abide by CEO-ETKA, INC 'S terms and conditions. I I if you have any questions regarding this proposal, please call thi� offiee anytime Monday through Friday between the homrs of 8:00 am to 5.00 pm. 1 i GEO-ETKA,INC. j Client: Costa Mesa St{ntt}iy District(SMSD) Estimate Prepared by Approved by Robin 13 'flamers ----N—., ‘s.--. A N, Aluned Ali Signature Date Note The following 3 attachGncnts are a part of the proposal, pif:ase complete and return as a package as require:(I in order to provide services requ tstgd. I Attachments: 1 Project Data 2. Schedule of Fees 3 'Terms and Conditions. i I C'V.hu'logo End Sem:y:01.1mi VYV,Oceinc U'4.,rt 4,1Ja rtnk\pcuwk filu\2005 Rop+a40117Qn1 ntrn: r!ar') I),nn i-Ppul rot IOU/Ida/kin tok .ph 44711 VOlt vmmt&an 17 x� Vikov,Sumo\Coca Vine.CA<It< I 3 GEO E7KA 7147'112'8 Apr OS 1 11 '.9 Page 4, Costa Mcsa Sanitary District (Ch S17) GEO-1 FKA INC Project. proposed office building and yard to be located at February 18. 2008 174 West Wilson Sweet. Costa M:sa,California GEO-E"CkA, INC. Please fill out the following to a sist this office lit completing the("oft. Please include billing name and address: Project's Exact Address. Owner's Name. Address: ! Phone. Fax: Contractor's Name Address. i . Phone: ' I i Fax: -- ! i Arrhilccl-s Name. I _- Address: - i Phone. - -y___ Fax. I - I ! I ' 4 03' 5 2008 10 09 FAX 14 44 3350 HARPER AND BURNS LLP Z 00 c.IlKt. 14°7117_78 Jar 7 Off 531M Pao • I I Cu.;ta rMCSa Sanitary Dtstnut(C'fsiSD) Gbo-ETKA, INC- 1'rujcct. proposed office buildingland yard to be located at l'pbrwsry 18, 2008 173 West Wilson Street, Costa Mesa,California I I Terms and Condition! SECTION 1 RIGHT OF ENTFtr 1 he dienl will provide for right of retry for Geo-Etku. Inc. its employees u(,dier Its representative. for any and all necessary equipment required onside in order to complet_ the tank. SECTION 2: UTILITIES: In the scope and performance of the work. Geo-Utica. Inc. will take all re snnabie precautions to avoid damage or injury to subti3rraneen structures or utllltloz. Thu,,i1wner/client and/or his representatives agree to hold Geo-Etka, Inc. harmless for cn era lurl'not cnnuctl bto Own an structures which were not brought. to the attention of Geo-Elko Q Y the glans tumiShed- SECTION 3: SAMPLES. Goo-Etke. Inc. will retain all coil net rock samples for 341 dame. Further 5 orage or transfer of Ins samples will be made upon the wilton request of the client for a fee. tolbe laid in advance. SECTION 4 INVOICES Gen-Enka, Inc. will submit Invoices to client regularly and a final bill uNuncampletion of services. Detailed charges will be provided at clients request. Ray a+e01-43- x'c rin ee and t f-mvoicarelltftt'2rgreUb w pay a findtn-W d lcfr -ofv.,u an.1 L,,,o-haV 11,a ,ntsain aterat, a_ bike st du.. ..r I SECTION 5: OW ERSHIP DF DOCUMENTS: wrreportsrbui lug 'airfield tut rloid-nutea tetra utu.rtert'rtataTcpfcidaNin,s ! 'e nd A (111/1 other documents prepared by Gqo-Etka, inc. as ins! units-ot-servlcF tall rumuin the property IrVt`p!' of Goo-Etka, Inc. Cite --tt*at-e reports and other work furnished it the client or his of far v.ra t(At tort I!sad by I it dint ro p,,,,•,v.n whv.Iviatidar GovEtka, Inc will retain recordy tor a parks/ of five (5) yivat Copies of the records can be obtained by the client for a nomirvaI charge. SECTION 6 INSURANCE. I Goo-Etkn. Inc. represents that ik employees Is protected by workcfs compensation insurance tnd that Geo-Etka Inc, hos suit coverage and deems it to be adagr ate as required by law l_erliSCatns for all such policioc of Insurance shall too pi-evido. to ell .rit upon request innwriti g. -.Goo-Elk ' -W.Nrrr{He-fia+iTe-ena ev.rliNer,c if shall, i S` cHwrf-hoee less-from-efseLeperc'#l-ur�4`fO�rda Te-c ollil,,'-akele4orrrrn-nagfigenl-tele--by- q ipy , • - . ... .. . .+ Oa_ralatc.l_int,One SECTION 7 ASSIGNS. The client and/or owner of the r.;l property may net delogoto, assign,/sublet or bonsfer his duties or interest In his agreement with.el the written consent of Gee-'Eike Inc. II pj ^' ' f� I 1 Pats 1 of 2 % Client: Initials btkcn 1-01-0fi 113 2u08 LO 09 FAX 714 744 3350 HARPER AND BURNS LLP IZ1O08 'G} 3E3 'TKA 71,77112'8 le 10 03 1 530.13 Face 6 1 Costa Mesa Sanitary,Drstnct (Cb4SD) C,iEO-E-CKA, INC. Pzoiect: proposed office btalding and yard to be located at licbruury 18,2008 174 West Wilson Street.Costa Mesa.California II I Terms bnd Conditions jcont nu d( SECTION 1 6 STANDARD OF BARE. , Services performed by Geo-Elks, Inc. under this agroomunl gill bb nducted in a manner consistent with that level of carp and skill ordinarily exercised by inert burs of the profession cunontly practicing under similar Conditions: 1 No warranty expressed or irnpi4d. Is made. Client recognizes that put+ urface conditions may vary from those encountered at'the location where borings. survoyt7, cc explorations made by Geo-Elks, Inc. andnhat-ttro eta , mtO VtSStir °n +tmendebjmx-bq Geo L kerine-eta b iev:Faveue Ie-ant:n • - •mod by thoa:Lnot. 1 a Interpretation of the project data can vary end therefore Geo-Elka. Irjc. ;hall not be responsible for the interpretation by others of the information and roctrnmuadebu'ts (nade by Gso-Etke inc. and any cost overruns on the protect due to that Interpretation, 1 SECTION 9 LIMITATION OFiLIAl31LITY 11in .,._ . '. ... • • • •. "'Urn-Fury Us' nod It cmplayte- •• 4 • . cros+guax-tnrniles.s_ for any and a •.r Includrng'cnats and all attorneys fees for injur, ot dernogu Q-pr'aPty or person which in any mann end 0.u_ otxasivnerl on the • by Goo-Etka. Inc- Its employees andfor agents. In 'to event Sri'.____ p:-dkr'fnifbe Ila le to owner/client for any A p spedal or consequential demagtys a stated totalToereh . d y Ooo-Ltka, Inc. for the project or $20, 000 it iousand Dollars)whichever Is less Th ovjn071Ctiere-lop f ugruou to reqm oar contractor end his subcontractors provide en Ide .tic01 IlmltaUOn of liabaltyter Gu,O* - -�rfeO-Eythe. t'rWrncsertt+t1stub SECTION 10 ARBITRATION: II I Any controversy dispute or claim arising out of the interpretation or poi-form/ince by Goo-Etka, Inc, shall be resolved by Lancing arbitration, and in accordnrice IOj the rules of California Arbitration Act (California Code of Civil Procedure 1280-12'4.2). Tithe arbitrator' shall apply Cuitornla substantive law and the Califon-en Evidonoo Code IA thn vcpwdtn0. The etbitratvr ,halt prepare In writing and pro-Vide to the parties trio 'retinal f nd'vsy and the reasons on which the decision la basted. The arbitrator shall not have the power Ill awe a tit Rive damages but will have the power Io grant legal arid equitable remedies end award con pupsatory damages. if any as provided by the California Lade The arbitrator mull not have the poart'to commit errors of Ian or legal reasoning, and the award may be vacated or conuchici pursuant IL California Code of Civil Procedure 1286,2 or 1280 G for any such errors SECTION 11 TERMINATION? a 1 t gib, `- .t s. . .- . . . ..'.0 . . •wwir' (7 y&-Wr✓ -P6 ice-6 — either na rtot-pe form In accorfiance oithe terms hereof Pour to the omplotiu rOtect. tomrtrwllon will automa R0. eaumed by Geo-Etku. Inc if en ttb4r naultafrt Is hired to /)/f Inc I , the Pr Icct or In the event that 1\---�yl provide similar services subsequent to tr Elki beleN" Inc Geo-Etka Inc. is not called heck to the pro . . rite.-nio`it of tutrninatlon, Geo-Etka. e Ills reasonable chap be paid for all slirvicus '• Co the data of ma te‘rmrndttv p termination expel no later than 15 days form the dales of ilIe drrienallon ritko `f the cliy nattier consultant It lieu of Geo-Etka. Inc. the chant reilovtrs Goo-Etka, Inc. of any acrd nil helsilereersoctntnd-wiesti_prejuct. II 7 ' ,mil I I I i I l'uge oft Effective 1-0 i-06 Clients burials I I it By GEO ETKA 71477112278 Air 2 08 11 12AM, Page 7/7 i Costa Mesa Sanitary District(CMSD) 0E0-ETKA,INC Project. proposed office buildin4 and yard to be located at (2ebruary 18, 2008 174 West Wilson Street, Costa Mesa, California I SCHEDULE OF FEES GEOTECHNICAL Engineering or Geologist $195.00 /hour Soil Technician 57.00 /hour Ring Sample Moisture Density D-2216 20.00 each Maximum Density D-1557 122.00 /sample California Impact C-216 180.00 /sample Expansion Index Test CBC/UBC-29-1 I 175.00 /sample Atterberg Limits D-4318 150.00 /sample Gradation-Sieve Analysis I D-422 125.00 /sample Hydrometer Analysis I D-422 115.00 /sample Sand Equivalent I D-2419 75.00 /sample Soluble Sulphate C-417 75.00 /sample Corrosivity,Sulphate, pH & Resitstivlty Series 205.00 /sample Resistance 'R' Value Test Data 1 D-2844 245.00 /sample Asphalt Hveem Maximum Density 250.00 /sample Hveem Stability (asphalt) ( ! 400.00 /sample California Bearing Ratio CBR (cgmplete) D-1883 � 600.00 /sample Asphalt Extraction with Sieve Analysis I 450.00 /sample Direct Shear Teat 3 Points D-3080 ! 250.00 /sample Consolidation Test D-2435 300.00 /sample Mileage (portal to portal) j 0.55 1m'ta All Field charges are portal to portal- with a four (4) hour minimum and in two (2) hour increments thereafter For special testing or inspections, I please call us for a quote. Material inspections and Testing Deputy Inspector (excludes City of dos Angeles and City of Long Bea h) $ 55.00 per hr I Deputy Inspector For the City of Lol Angeles and City of Long Beach I $ 72.00 per hr Please note-that all inspections are a four (4) hour minimum before 11 OOiirn with an eight (8) hour minimum extending past 11-00am or.t ith over four (4) hours inspection Concrete Pick-Up —minimum charge for maximum 8 cylinders $ 39.00 Concrete Break and Storage- ! $ 21.00 per cylinder I This fee schedule is effective as of May 1 2007 and is subject to cha'tgip without notice 1 i Client Initials I necelvec a/ /Utl GJYIN — -- -- Date 3/11/2008 Time 1;1506 AM To Maria @ 17147711227c, 7 -510-452-2193 Page :. 002 Client#: 5535 GEOETINC ACORD, CERTIFICATE OF LIABILITY INSURANCE 03/1;8DOm) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey Renton 8 Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0.Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana,CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A Travelers Property Casualty Co of Am GEO-ETKA Inc INSURER B 739 North Main Street INSURERC Orange,CA 92868 INSURERD I INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY DAE EXPIRATION LIMBS DATE IC (EFFECIVn DATE IEXPDOrYO A GENERAL LIABILITY 6806033L11A 11/06/07 11/06/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LABILITY FIRE DAMAGE(Any one fire) $300,000 CLAIMS MADE X OCCUR MED EXP(My one person) §5,000 PERSONAL A ADV INJURY $1,000,000 GENERAL AGGREGATE §2,000,000 GEN'L AGGREGATE LIMIT APIs ES FER PRODUCTS -COMP/OP AGO 52,000,000 —1 POLICY PRO.JEGT I LOC A AUTOMOBILELIABWTY BA6031L926 11/06/07 11/06/08 COMBINEDSNGLE LIMIT §1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY NJURY § (Pet person) _ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY § X NONOATED AUTOS (Pe ctltlrnl) PROPERTY DAMAGE § (Pe cddenl) GARAGE LIABBJTY AUTO ONLY EA ACCIDENT § ANY AUTO OTHER THAN EA ACC § AUTO ONLY AGG § EXCESS LIABILITY EACH OCCURRENCE § nOCCUR CLAIMS MADE AGGREGATE _§ § DEDUCTIBLE § RETENTION § § WC STATU I OTH- WORKERS COMPENSATION AND TORY I IMRS _ER_ EMPLOYERS'LIABILITY E L EACH ACCIDENT _ $ E L DISEASE-EA EMPL OYEE § E 1 DISEASE-POLICY LIMIT § OTHER DESCRIPTION OF OPERATIONSA.00ATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I ADDITroun_INSURED:NSURERLETTER CANCELLATION Tea Day N. ' e for Non-Pavne• .f Premium SHOULD ANYCFTH E ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION Costa Mesa Sanitary District DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TOMAIL3D_DAYS WRITTEN Mt: Phyllis NOTICE TO THE CERTIFICATE H OLDER NAM EDTOTHE LEFT.BUT FAILURE TODOSOSH ALL 174 West Willson St. IMPOSE NOOB LIGATION OR LIABILITY OF ANY KIND UPON THE INSURE BITS AGENTS OR Costa Mesa,CA 92626 REPRESENTATIVES. AU'HO REPRESt;IfTAT1VE Se, ACORD 25-S(7/97)1 of 1 #S219932/M218976 RLL 0 ACORD CORPORATION 1988