Loading...
Contract - GEO-ETKA - 2010-05-03 ' AGREEMENT FOR SOILS ENGINEERING CONSULTANT SERVICES PROJECT #183-2 BRISTOL STREET NORTH OF RANDOLPH THIS AGREEMENT is made and effective as of �')Z,,, 3, 2010 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 March 15 2010 and shall remain and continue in effect until tasks described herein are completed but in no event later than March 15 2011 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 T 'actual time spent on the above tasks. This amount shall not exceed three thousand two hundred dollars ($3,200) 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. 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 bylaw 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) Indemniy 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 (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 4 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 proceed 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 consider 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. 5 (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 District's 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 (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 628 West 19th St Costa Mesa, CA 92627 Attn District Clerk To Consultant: Geo-Etka, Inc. 739 N. Main Street Orange CA 92868 Attn: 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 - cfr I N k District Manager Signature G 1,13 -F T A 1'uc W ,M n ■ ATTEST Typed Name 4 � , 1 (A , \ O 1 Title\ (,z Sl Di Clerk APPROVED AS TO FORM: District Counsel 8 EXHIBIT A" GEO-ETKA, INC. 1 Established 1965 • Soil Engineering, Geology and Environmental Engineering Q ' %_ Material Testing and Inspections _` . tj 739 N.Main Street,Orange,California 92868•Pli(714)771-6911 • FAX(714)771-1278 Email:Geoetka@aol.com March 4, 2010 Via Email Reference: Costa Mesa Sanitary District Attention: Mr Joe Sinacori Subject: Proposal for a Soils Investigation Report for Pavement Design Recommendations Project: Proposed Sewer Replacement,CMSD 183-2 to be located at Bristol Street North of Randolph Avenue, Costa Mesa, California Dear Mr Sinacori: We appreciate the opportunity to provide you with our proposal for the above project. In accordance with your request, Geo-Etka, Inc. is pleased to submit this proposal to provide Geotechnical services for a Soils Investigation Report with Pavement Design Recommendations. The scope of work would include, but is not limited to the following: 1 We will utilize 3 borings up to 15 feet in maximum depth. The exact depth will depend on the soil encountered. The locations will be marked and dig alert notified prior to the start of the field work. 2. We will determine the extent of loose or un-compacted tills, if any should exist, to the best of our capability 3 We will perform laboratory analysis of the soils samples as is necessary to determine classifications, bearing capacities, friction values, anticipated settlements, and expansive characteristics. 4 Ground water conditions, if encountered, will be noted in our observations. 5. Recommendations concerning preparations and compaction of the sub-grade and the proposed fills will be detailed in the report. 6. We will run two (2) Resistance `R' Value tests and recommend pavement section. We will also provide thickness of base and asphalt at locations drilled. 1 Mr Joe Sinacori GEO-ETKA, INC. Project: Costa Mesa Sanitation District Sewer replacement March 4, 2010 Bristol Street,North of Randolph Avenue,Costa Mesa 7 We will submit four copies of the report. This report will contain pertinent Geotechnical data and recommendations necessary for the proposed structure and parking area. Our fee for the above services, which includes the cost of the drilling, will be three thousand two hundred dollars, ($3,200.00). Please note that this fee does not include any city permits nor any traffic control that may be required. Please note that the scope of work of this proposal does not include any liquefaction study or engineering geology investigation. If required, Geo-Etka, Inc. will provide a separate cost estimate for these items. The estimated time to complete the field and laboratory investigation, and issue the final report is approximately 10 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. A copy of the plans and foundation loads showing the proposed construction limits are needed to issue the report. The client also needs to provide Geo-Etka, Inc. with the addresses of the owner construction lender and contractor for our records and in order to issue the report. In cases where this information is currently not available, the client 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 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 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 error within 10 days of the receipt of the invoice: thereafter the invoice shall be deemed correct. If this proposal meets with your approval, please sign below and return one (I) copy of this proposal along with attached terms and conditions initialed to this office with the appropriate purchase order and/or retainer fees, if applicable. Your approval of this proposal also acknowledges that you have received and agree to abide by GEO-ETKA, INC.'S terms and conditions. 2 • Mr Joe Sinacori GEO-ETKA, INC. Project: Costa Mesa Sanitation District Sewer replacement March 4,2010 Bristol Street,North of Randolph Avenue,Costa Mesa 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 Sanitation District Estimate Prepared by Approved by Mr Joe Sinacori Nkr• Ahmed Ali Signature Date Note The following 3 attachments are a part of the proposal, please complete and return as a package as required in order to provide services requested. Attachments: 1 Project Data 2. Schedule of Fees 3 Terms and Conditions. 3 • Mr.Joe Sinacori GEO-ETKA, INC. Project: Costa Mesa Sanitation District Sewer replacement March 4,2010 Bristol Street.North of Randolph Avenue,Costa Mesa GEO-ETKA, INC. 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: Fax: Contractor's Name: Address: Phone: Fax: Architect's Name: Address: Phone: Fax: 4 Mr.Joe Sinacori GEO-ETKA, INC. Project: Costa Mesa Sanitation District Sewer replacement March 4,2010 Bristol Street,North of Randolph Avenue,Costa Mesa 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 '%%) 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. I�t5 Pekt.it VOID Client Initials 5 Mr.Joe Sinacori GEO-ETKA, INC. Project: Costa Mesa Sanitation District Sewer replacement March 4,2010 Bristol Street,North of Randolph Avenue,Costa Mesa Terms and Conditions(continuedi 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 t jtl 5 PA-L1/6 VaI D Client Initials ff^EL 6 GEO-ETKA, INC. 1; Established 1965 4, Soil Engineering,Geology and Environmental Engineering 7 ',j Material Testing and Inspections '4- 739 N.Main Street,Orange,California 92868• Pf I(714)771-6911 •FAX(714)771-1278•Email:Gcoetka @aol.com 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-29-2 175.00 /sample Atterberg Limits 0-4318 150.00 /sample Gradation-Sieve Analysis D-422 125.00 /sample Hydrometer Analysis D-422 115.00 /sample Sand Equivalent D-2419 75.00 /sample Soluble Sulphate C-417 75.00 /sample Corrosivity,Sulphate, pH & Resistivity Series 205.00 /sample Resistance 'R' Value Test Data D-2844 245.00 /sample Asphalt Hveem Maximum Density 250.00 /sample Hveem Stability (asphalt) 400.00 /sample California Bearing Ratio CBR (complete) D-1883 600.00 /sample Asphalt Extraction with Sieve Analysis 450.00 /sample Direct Shear Test 3 Points D-3080 250.00 /sample Consolidation Test D-2435 300.00 /sample Mileage (portal to portal) 0.55 /mile For special testing or inspections, Material Inspections and Testing Deputy Inspector-(excludes City of Los Angeles and City of Long Beach) $ 55.00 per hr Deputy Inspector For the City of Los Angeles and City of Long Beach $ 72.00 per hr Please note-that all inspections are a four(4) hour minimum before 11:00am with 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 $ 39.00 Concrete Break and Storage- $ 21.00 per cylinder This fee schedule is effective as of May 1 2007 and is subject to change without notice Client Initials 7 EXHIBIT B ACC)R121 CERTIFICATE OF LIABILITY INSURANCE DATE /2oio 'PRODUCER (714)221 3900 FAX. (714)221-2277 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arinstrong/Rolaitaille/Riegle ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Business 6 Insurance Services ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2127 W Orangewood Suite 100 Orange CA 92868 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A The Hartford GEO-ETKA, Inc INSURER B 739 N Main Street INSURER C INSURER D Orange CA 92868 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 OFSUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION/ LIMITS LTR INSRD TYPE OF INSURANCE I DATE IMMIDDf(YVYI'DATE IMMIDDIYYVYI GENERAL LIABILITY EACH OCCURRENCE 5 1 000 000 DAMAGE TO RENTED X I COMMERCIAL GENERAL LIABILITY PREMISES(Ea e) 5 300 000 A I I CLAIMS MADE I X I OCCUR 72SBAUW0690 11/6/2009 11/6/2010 MED EXP(Any pe n) 5 10 000 PERSONAL B ADV INJURY 5 1 000 000 GENERAL AGGREGATE 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS COMPOP AGG 5 2 000 000 X POLICY PE? LOC AUTOMOBILELIABILITV COMBINED SINGLE LIMI ANY AUTO (Ea aced p I ALL OWNEE AUTOS I BODILY INJURY I I SCHEDULED AUTOS (Pe pe n) ' HIRED AUTOS BODILY JJURY I NON-OWNED AUTOS (Pe d II PROPERT'DAMAGE P IPe de 11 GARAGE LIABILITY AUTO ONLY EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY AGG 5 I EXCESS/UMBRELLA LIABILITY � EACH OCCURRENCE 5 OCCUR nI CLAIMS MADE AGGREGATE S ,DEDUCTIBLE REt EN LION WORKERS COMPENSATOR I I WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER N' PROPRIETOR PAR JERIEXECIJTIVE EL EACH ACCIDENT S UFFIDERIMEMBER EXCLUDED' /Mandatory NH) E L DISEASE E, EMPLOYEE S If yes describe under SPECIAL PROVISIONS below I E L DISEASE POLICY LIMIT 5 OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *30 days written notice of cancellation except 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION joe slnacorl @surfsidece CO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPI ATION Costa Mesa Sanitary District DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn Joseph Sinacori NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 628 West 19th Street Costa Mesa CA 92627 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Dan Armst g/LARANA ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. IN5025(200901) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED subject to the terms and conditions of the policy certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009101) INS025¢oo9a1)